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HomeMy WebLinkAboutAgenda Item - 2020-01-07 - Number 9.2 - Ordinance 2838 Adopting the 2019 Oregon Fire Code 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Subject: Adopt 2019 Fire Code Meeting Date: January 7, 2020 Staff Member: Gert Zoutendijk, Fire Marshal Department: Fire Deptartment Action Required Advisory Board/Commission Recommendation ☐ Motion ☐ Approval ☐ Public Hearing ☐ Denial ☒ Ordinance ☐ None Forwarded ☐ Resolution ☒ Not Applicable ☐ Information Only Comments: ☐ Council Direction ☐ Consent Agenda Staff Recommendation: Enact Ordinance 2838 Recommended Language for Motion: Move to Enact Ordinance 2838 to Update the Fire Code Project / Issue Relates To: ☐Council Goals/Priorities ☐Adopted Master Plan(s) ☒Not Applicable ISSUE BEFORE COUNCIL Shall the Lake Oswego Fire Code be updated to be based upon the 2019 Oregon Fire Code? EXECUTIVE SUMMARY Adoption of Ordinance 2838 makes the 2019 Oregon Fire Code (adopted by the Oregon Fire Marshal and effective on November 15, 2019), and local amendments, the basis for fire code enforcement locally. Although local fire officials are authorized agents of the State Fire Marshal and allowed to operate under the State Fire Code, local adoption of the Oregon Fire Code allows for some local amendments and for enforcement through the municipal court system. 9.2 Page 2 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city BACKGROUND LOC 15.06.610 currently adopts the 2014 Oregon Fire Code, with local amendments to referenced subsections. DISCUSSION Local jurisdictions adopt the Oregon Fire Code with as few local amendments as possible. Consistency with the current version of the Oregon Fire Code is beneficial because it provides for consistency for inspectors and examiners (for training, interpretation, application and enforcement) and for the development community. This amendment updates the Lake Oswego Code to incorporate by reference the 2019 Oregon Fire Code, with the existing local code amendments to referenced subsections of the Oregon Fire Code updated. There are no substantive changes in the local amendments. RECOMMENDATION Enact Ordinance 2838 ATTACHMENTS 1. Ordinance 2838 Ordinance 2838 Page 1 of 2 ORDINANCE 2838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC 15.06.610 TO ADOPT THE 2019 OREGON FIRE CODE WHEREAS, the Oregon Fire Marshal has adopted the 2019 Oregon Fire Code as effective November 15, 2019; and WHEREAS, the Lake Oswego Fire Marshal recommends adoption of the most current version of the Oregon Fire Code, with amendments; The City of Lake Oswego ordains as follows: Section 1. Section 15.06.610 of the Lake Oswego Code is hereby amended by adding the text shown in bold, double-underlined type and deleting the text shown in strikethrough type, as set forth on Exhibit A. Section 2. Severability. The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. As provided in Section 35C of Chapter VII of the Lake Oswego Charter, this ordinance shall take effect on the 30th day following enactment. Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 7th day of January, 2020. // // // ATTACHMENT 1 Ordinance 2838 Page 2 of 2 AYES: NOES: ABSTAIN: EXCUSED: ___________________________________ Kent Studebaker, Mayor ATTEST: ___________________________________ Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: ________________________________ David Powell, City Attorney Exhibit A Ordinance 2838 15.06.610 Oregon Fire Code Adopted. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion the 20149 Oregon Fire Code (as adopted by OAR 837-040). Such code is enacted and adopted in whole by this reference as though set forth at length except such portions as are hereinafter deleted, modified or amended by this section. 1. The geographic limits referred to in certain sections of the Oregon Fire Code are hereby established for the City of Lake Oswego as follows: a. Section 5704.2.9.6.1: residential zones (including areas with split zones which include residential zones). b. Section 6104.2: residential zones (including areas with split zones which include residential zones). 2. The City of Lake Oswego hereby adopts Sections 105.6A through 105.6.4650 of the Oregon Fire Code. 3. Section 503.2.1 is amended to read as follows: Dimensions. Fire apparatus access roads shall have an unobstructed width and uniform surface of not less than 15 feet one way, 20 feet if two way and a vertical clearance of 13'6", unless an exception is approved by the City Engineer and Fire Chief. Private roads or public streets where landscaping islands are used shall be considered one way each direction at the island. Exceptions – Single-family dwellings on lots: a. Driveway serving one lot: a 12 ft. paved driveway surface, with a 1.5 ft. shoulder on each side, is permitted. b. Minimum dimensions for an access lane serving 2 – 3 lots: a 12 ft. paved access lane surface, with a 4 ft. shoulder on each side, is permitted if the habitable structures on all lots provide an alternative suitable method of fire suppression, i.e., automatic fire sprinkler systems, approved by the Fire Marshal. Note: No parking is permitted on fire apparatus access roads that have a width less than 26 feet wide. 4. Section 603.13 is amended to add, as additional subsections, the following: A. Subsection 603.1.8.3.1.2 Storage may be permitted in residential zones subject to the following requirements: Exhibit A Ordinance 2838 B. Subsection 603.1.8.13.1.3. Screening. Above ground tanks are to be surrounded by fences, walls, or plant materials that are sufficient to fully screen their appearance from neighboring properties. If plant materials are used to provide the screening, they shall meet the requirements of Section 50.06.004.1.c of the Community Development Code. C. Subsection 603.1.8.23.1.4. Setbacks. All structures supporting tanks shall be located a minimum of five (5) feet from any property line. For tanks larger than 275 gallons, the minimum setback shall be increased to ten feet. Additional setbacks shall be as specified in the Oregon Fire Code. D. Subsection 603.1.8.33.1.5. Tank Requirements. All above ground tanks shall display a sticker indicating acceptance by Underwriters Laboratories or a comparable organization (e.g., ASME or Factory Mutual). Tanks shall be double-walled or shall otherwise provide containment for leaks. Tanks must be manufactured, installed, and maintained in compliance with the manufacturer’s instructions, NFPA Standard 31 (Installation of Oil Burning Equipment), and be approved by the Fire Chief. E. Subsection 603.1.8.43.1.6. Clean-up. The property owner shall bear the responsibility for the prompt and thorough clean-up and proper disposal of any fuel oil that is spilled on or around any tank, whether the tank is located underground or above ground. F. Subsection 603.1.8.53.1.7. Closed System. Above ground tanks shall be closed systems, fueling only oil-fired appliances. All other distributions of fuel from such tanks shall be unlawful. 5. A new Section 5601.1.2A. is added to Oregon Fire Code Chapter 56 as follows: 5601.1.2A Storage of Explosives. Overnight storage of any quantity of explosives or blasting agents is prohibited within the boundaries of the City. Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Oregon Fire Code Section 5606.