HomeMy WebLinkAboutOrdinance 007 - Uniform Fire Codee
JT E S
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 9, 2011
Please see directions for completing this document on the next page.
DATE: Februrary 2, 2010
FROM: Mark Pilliod )� r Legal 388-6623
TITLE OF AGENDA ITEM:
Consideration and Approval of Ordinance No. 2011-007, An Ordinance Amending Chapter 15.04 to the
Deschutes County Code, Concerning the Uniform Fire Code and Declaring an Emergency.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The County has adopted in the DCC prior versions of the Uniform Fire Code, as adopted by the State
Fire Marshal. However, the latest version, adopted last year has not been adopted by the County. The
proposed ordinance would accomplish this. The proposed ordinance would also clarify the enforcement
authority of local fire agencies, as well as the range of penalties for violation of the fire code and other
uniform codes incorporated under DCC chapter 15.04. The attached Code illustrates proposed changes
to several existing sections in chapter 15.04.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Approve Ordinance 2011-007. First Reading by Title only with Second Reading by Title on February
23, 2011.
ATTENDANCE: Mark Pilliod
DISTRIBUTION OF DOCUMENTS:
Mark Pilliod
REVIE D
(O�
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 15.04 to the
Deschutes County Code, Concerning the
Uniform Fire Code and Declaring an Emergency.
ORDINANCE NO. 2011-007
WHEREAS, the State Fire Marshall has adopted the 2009 edition of the International Fire Code, as
published by the International Code Council, and as amended by the Office of State Fire Marshal as the 2010
Oregon Fire Code; and
WHEREAS, since as early as 1982 the Deschutes County has adopted the Oregon Fire Code for
unincorporated portions of the County; and
WHEREAS, except for the City of Bend, which exercises jurisdiction within its incorporated city limits
over matters regulated by the Oregon Fire Code, the county's adoption of same will enable deputy fire marshals
within each of the fire districts in the county to enforce the Oregon Fire Code uniformly throughout the county;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. The Deschutes County Code Chapter 15.04 is amended as set forth in
Exhibit "A," attached hereto and by this reference incorporated herein. Deleted material has strikeout and new
material is underlined.
Section 2. DECLARATION OF EMERGENCY. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this
Ordinance takes effect on its passage.
DATED this day of , 2011.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ALAN UNGER, Commissioner
PAGE 1 OF 2 - ORDINANCE NO. 2011-007 (02/14/11)
Date of 151 Reading: day of , 2011.
Date of 2"d Reading: day of , 2011.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Alan Unger
Anthony Debone
Effective date: day of , 2011.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2011-007 (02/14/11)
15.04.080. Fire Code -Adopted.
The 2010
Oregon Fire Code is the 2009 edition of the International Fire Code, as published by the International Code
Council and as amended by the Office of State Fire Marshal, hereinafter referred to as "fire code," hereby is
adopted in its entirety as the fire code of the County
De chute3 County outside the incorporated area of the City of Bend; and the fire code so adopted and -en -file
: _
is made a part of DCC 15.04 as though
fully set out herein.
(Ord. 2011-007, §1, 2011; Ord. 97-024 §1, 1997; Ord. 93-006 §1, 1993; Ord. 90-005 §4, 1990; Ord. 86-068
§1, 1986; Ord. 83-056 §6, 1983)
15.04.090. Definitions.
Whenever appropriate in applying the provisions of DCC 15.04, the following words and phrases are
defined as set forth in DCC 15.04.090.
"Appointing authority" means the Board of County Commissioners.
"Building Department" means the office of the County Building Official or his designee.
"Building official" means the person designated by the Board as the Building Administrator.
"County" means Deschutes County, a political subdivision of the State of Oregon.
"Fire chief' means the applicable chief of any city, rural fire protection district, or special service district.
"Mobile home" has the meaning provided in DCC Title 18.
"Modular or factory -built home" means a factory -built dwelling unit designed to be transported to a site and
the construction meets the standards of the Oregon Prefabricated Structures Code, and is a structure for the
purposes of DCC 15.04.
(Ord. 2011-007, §1, 2011; Ord. 95-063 §1, 1995; Ord. 83-056 §12, 1983)
15.04.200. Violation -Penalty.
County pursuant to ORS 455.153.
BA.Violation of any provision of DCC 15.04,-er-any specialty code or building requirement administered
by the County pursuant to ORS 455.153, or the fire code is a Class A violation,
B. A person liable for prosecution under DCC 1.16.015(C) for a violation of DCC 15.04 or any code
adopted therein is also -subject to a civil penalty not to exceed $720.00 per day the violation exists.
Proceedings to assess a civil penalty for a violation of the fire code may be instituted by a fire chief.
C. A fire chief is authorized to issue citations that charge a person with a violation of the fire code.
D. The penalties set forth in this section are in addition to any other penalties and remedies provided by
specific provisions of the Deschutes County Code.
(Ord. 2011-007, §1, 2011; Ord. 2003-021 §31, 2003; Ord. 96-055 §2, 1996; Ord. 95-063 §1, 1995; Ord.
83-056 §17, 1983)