7.023 Modifications to the Oregon Fire Code 2022 Edition, as Adopted by the State of Oregon.
The Oregon Fire Code is modified as follows:
(1) Section 104.6.3 is amended by adding the following language:
Fire Investigation Reports for fires that are under investigation will not be released until the investigation is complete. Exception: The Fire Chief or the Fire Chief’s designee may release incomplete Fire Investigation Reports.
(2) Section 105.1.1 is amended by adding the following language:
Required permits include, but may not be limited to, those established in the most recent fee schedule approved by resolution of the City Council.
(3) Section 106 is amended by adding the following language:
(a)
Inspections outside of normal business hours: The Fire & Life Safety Division will make every attempt to conduct inspections during the Fire & Life Safety Division’s normal business hours. If the applicant or business owner’s agent requests an inspection time other than the City’s normal business hours, or if the fire code official determines a permit inspection is required and there is no other alternative but to conduct the inspection at a time other than the City’s normal business hours, the fire code official shall inform the applicant or business owner’s agent that there will be an additional inspection fee as set forth in the most recent fee schedule approved by resolution of the City Council. The inspection will not be performed until the fees have been paid.
(b) Re-inspections.
A re-inspection fee may be assessed for each inspection or re-inspection after the second site visit when such portion of work for which inspections is requested is not complete or when corrections called for are not made. To obtain a re-inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re-inspection fee as set forth in the most recent fee schedule approved by resolution of the City Council. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
(4) Section 111.1 is amended by adding the following language:
Refer to Medford Code Section 7.910.
(5) Section 112.3 is amended by adding the following language:
Violations.
(A) Any person who violates any of the provisions of the Oregon Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made there under, or who builds in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who fails to comply with such order as affirmed and modified by the regional appeals advisory board or by a court of competent jurisdiction, within the required time, shall severally for each and every violation and noncompliance, respectively, be guilty of an infraction, punishable by a penalty as provided by the City Code (Refer to Section 7.900). The imposition of one penalty for any violation shall not excuse the violations or defects within a reasonable time; and not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
(B) The application of the above penalty is in addition to other remedies available to the City including but not limited to the enforced removal of prohibited conditions.
(C) Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged, the history of previous violations shall be given whenever an infraction penalty is assessed under this section.
(D) The Fire Chief or the Fire Chief’s designee shall have the authority to issue infraction penalties.
(6) Section 307 is amended by adding the following language:
Refer to Medford Code Section 5.550.
(7) Section 503.2 is added to read as follows:
Consistent with Sections 104.9 and 104.10, approved access alternates shall be recorded to the subject property deed, or shown on the plat, prior to final plat approval. Access easements shall be recorded to the subject property deed, or shown on the plat, prior to final plat approval, and shall include adequate area to provide the required paved geometry, and adequate space for shoulders and grading.
(8) Section 503.4 is amended by adding the following language:
Fire department emergency access obstructions on existing streets and fire lanes. The Fire Chief of or the Fire Chief’s designee shall have the authority to impose parking restrictions on existing streets or fire lanes that provide less than 20 feet width of unobstructed access. The Fire Chief or the Fire Chief’s designee may require that the street or a portion of the street or fire lane be posted with public street No Parking signs or private street/property No Parking-Fire Lane signs/marking if any of the following conditions apply:
Site –specific conditions, parking of vehicles, or inadequate turning radius have rendered the travel lanes inadequate for emergency operations and fire department access.
(a) Actual emergency response experience indicates that emergency vehicles cannot effectively provide emergency service.
(b) Approval of the Public Works Director (or designee) shall be obtained for the layout, design and installation of parking restrictions on public streets. Fire Department approval shall be obtained for the layout, design, and installation of No Parking – Fire Lane signs along private streets, private easements, and fire lanes.
The Medford Police Department shall have the authority to issue fire code citations for the following offenses on public and private properties:
(a) Obstruction of marked fire apparatus access roads and fire lanes (Ref. OFC 503.4; OFC 503.2.1).
(b) Failure to maintain existing No Parking or NO PARKING – FIRE LANE signs/marking (Ref. OFC 503.3; OFC D103.6).
(c) Obstruction of fire hydrants and fire protection equipment (Ref. OFC 507.5.4; ORS 811.550(16).
(9) Section 507.5 and Appendix C is amended by adding the following language:
The fire code official may be guided by fire hydrant spacing listed in Table C102.1 but generally will utilize a standard average spacing of 250 feet (narrow streets – see Medford Code section 10.430) to 500 (Standard residential streets) feet between fire hydrants in low density residential zones and 300 feet between fire hydrants in high density residential and commercial/industrial zones. For streets classified as Major Arterial, Minor Arterial, Major Collector and some Minor Collector streets where the Minor Collector may be re-classified as a Major or Minor Collector or a Major Arterial street, hydrants may be required to be located on each side of the street to meet a hydrant density of 300 or 500 feet on each side of the street. Increased hydrant density may be required by the fire code official.
(10) Section 903.2.11.1.3 is amended by adding the following language:
Sprinklers Required in Basements.
(a) DEFINITIONS. For the purpose of this section, the following definitions apply:
"Basement" shall mean any story, any portion of which is below the building grade of the building, or a cellar or subcellar.
"Building grade" shall mean the average of the finished ground level or a sidewalk level at and adjoining the exterior walls of the building.
"Story" shall mean all that portion of the building within the exterior walls thereof, included between the upper surface of any floor and lower surface or bottom of the floor structure next above.
(b) SCOPE. This section shall apply only to buildings devoted wholly or in part to the following uses: business and professional offices; hotels, apartments, motels and like purposes; industrial manufacturing; commercial, or professional enterprises; or any use or operation where the public is expressly or indirectly invited to come upon the premises or any part thereof to transact business, to meet or congregate, or for care or treatment. The requirements of subsection (b) of this section shall apply to a building that is existing at the time of the enactment of this ordinance, only if such building is hereinafter substantially remodeled or structurally altered, or if there is hereafter a change of use of the basement in the building whereby the public is thereafter expressly or indirectly invited to enter the basement for the purpose of transacting business therein. This section shall not be construed as excusing or suspending for any period any requirement otherwise imposed by any other section or provision of the Oregon Fire Code.
(11) Section 904.1.1 is amended by adding the following language:
Prior to servicing systems within the jurisdiction, proof of certification for all personnel performing work shall be submitted to Medford Fire Department in an approved manner.
(12) Section 1101.4 is amended by adding the following language:
When a building is found to be in noncompliance with this chapter, the fire code official shall apply all of the actions found in the Section 110 which may include notification to the owner, the owner’s authorized agent, operator, or other person responsible for the noncompliance of the building. Upon receipt of such notice, the owner, the owner’s authorized agent, operator, or other person responsible for the noncompliance shall, subject to the following time limits, take necessary actions to comply with the provisions of this chapter.
(13) Section 5001 is amended by adding the following language:
The manufacture and storage of the following materials is prohibited within this jurisdiction, unless approved by the Fire Chief or the Fire Chief’s designee.
(1) Unclassified detonable or Class I Organic Peroxides
(2) Class 4 oxidizers
(3) Class 3 and Class 4 Unstable reactives
(14) Section 5601 is amended by adding the following language:
The manufacture of fireworks within this jurisdiction is prohibited.
(15) Section 5601.1.3 is amended by adding the following language:
The provisions of the Oregon Fireworks Law, as set forth in Chapter 480 of the Oregon Revised Statutes, are adopted and incorporated herein by reference.
(a) Except as hereinafter provided, it shall be unlawful for any person to store, use, offer for sale, expose for sale, or sell at retail any fireworks within this jurisdiction. The use of retail fireworks within the City of Medford is prohibited during any declared fire season except from July 1 to July 6. Refer to Medford Code 7.023 Sections 17-18 and 23 for permitted public displays. Refer to Medford Code Section 7.022 for specific location use and sales restrictions.
(b) The careless or reckless use of fireworks is prohibited in this jurisdiction.
(c) Except as otherwise provided, it shall be unlawful to store, use, offer for sale, expose for sale, or sell any non-retail fireworks within this jurisdiction.
(16) Section 5601.2 is amended by adding the following language:
Permits are required for public displays. A State of Oregon permit is required for public fireworks displays and on-stage special effects as outlined by OAR 837-012-0700 through OAR 837-012-0970. In addition, a local permit is required from the Medford Fire Department. Applications for the Medford Fire Department permit shall be made in writing at least ten (10) days in advance of the date of display. After the permit is granted, possession and use of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(17) Section 5601.2.4 is amended by adding the following language:
Before a permit is issued, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $1,000,000.00 or a public liability insurance policy for the same amount for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any legal judgment results. The Fire Chief or the Fire Chief’s designee may specify a greater or lesser amount when, in his opinion, conditions at the location of use indicate a greater or lesser amount is required. Public agencies shall be exempt from this bond requirement.
(18) Section 5601.8 is amended by adding the following language:
The limits referred to in Section 5601.8 of the Oregon Fire Code, in which storage of explosive and blasting agents is prohibited are hereby established as follows:
(1) Storage requiring a Type 1 magazine is prohibited within this jurisdiction.
(2) Storage requiring a Type 2 magazine is prohibited within this jurisdiction.
(19) Section 5604 is amended by adding the following language:
The storage of explosives, explosive materials or fireworks is prohibited at any location within this jurisdiction, unless approved by the Fire Chief or the Fire Chief’s designee.
EXCEPTION:
Temporary storage, for use, in connection with approved blasting operations, explosive bolts, explosive rivets or cartridges for explosive-activated power tools in quantities approved by the fire code official. See OAR 837-012-1200-1420, ORS 480.010 through 480.290 and NFPA 495, “Explosive Materials Code”, 2013 edition.
(20) Section 5605 is amended by adding the following language:
The manufacture of explosives, explosive materials or fireworks at any location within this jurisdiction is prohibited.
(21) Section 5607 is amended by adding the following language:
A blasting permit from the Medford Fire Department is required prior to the use of explosives or blasting agents.
(22) Section 5704.2.9.6.1 is amended by adding the following language:
(1) The limits referred to in Section 5704.2.9.6.1 of the Oregon Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as set forth in the Medford Land Development Code.
(2) New above-ground bulk storage plants for flammable or combustible liquids are prohibited within this jurisdiction.
(23) Section 6104.2 is amended by adding the following language:
The limits referred to in Section 6104.2 of the Oregon Fire Code in which bulk storage of liquefied petroleum gas is restricted includes all properties within this jurisdiction.