Chapter 17.28
FIRE CODE
Sections:
17.28.010 Fire code enforcement and plans review.
17.28.020 Definitions.
17.28.100 New material, processes or occupancies which may require permits.
17.28.110 Appeals.
17.28.120 Penalties.
17.28.130 Inspections.
17.28.140 Records.
17.28.150 Permits.
17.28.160 Approved alternative method.
17.28.010 Fire code enforcement and plans review.
The Albany Fire Department will be responsible for fire code enforcement and plans review for access and water supply in accordance with the Oregon Fire Code as adopted by the Oregon State Fire Marshal’s office under OAR Chapter 837, Division 40. (Ord. 6019 § 1, 2023; Ord. 5907 § 1, 2018; Ord. 5411 § 1, 1999; Ord. 5257 § 1, 1996; Ord. 4911 § 1, 1990; Ord. 4757 § 1, 1987; Ord. 4577 § 1, 1983; Ord. 4480 § 1, 1982).
17.28.020 Definitions.
(1) Wherever the word “jurisdiction” is used in the Oregon Fire Code, it shall be held to mean the City.
(2) Wherever the term “Fire Code Official” is used in the Oregon Fire Code, it shall mean the fire chief or other designated authority.
(3) Wherever the word “approved” is used in the Oregon Fire Code, it shall be held to mean approved by the City. (Ord. 6019 § 1, 2023; Ord. 5907 § 1, 2018; Ord. 4911 § 1, 1990; Ord. 4757 § 1, 1987; Ord. 4577 § 2, 1983; Ord. 4480 § 3, 1982).
17.28.100 New material, processes or occupancies which may require permits.
The city manager, the fire chief, and the supervisor of the Life Safety Division shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require a permit. (Ord. 6019 § 1, 2023; Ord. 5907 § 1, 2018; Ord. 4577 § 4, 1983; Ord. 4480 § 9, 1982).
17.28.110 Appeals.
Appeals shall be as per the Oregon Fire Code. (Ord. 6019 § 1, 2023; Ord. 5907 § 1, 2018; Ord. 5411 § 2, 1999; Ord. 5257 § 2, 1996; Ord. 4577 § 5, 1983; Ord. 4480 § 8, 1982).
17.28.120 Penalties.
(1) In the case of a violation of this chapter, the violation procedures of Chapter 1.05 AMC will apply. Any person who shall violate any of the provisions of this code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall be in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the fire chief or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every violation in noncompliance respectively be guilty of a misdemeanor and punishable as provided in the Albany Municipal Code. The imposition of one penalty for any violation shall not excuse the violation to be permitted to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each 10 days that prohibitive conditions are maintained shall constitute a separate offense.
(2) Re-inspection fees shall be in accordance with council resolution.
(3) The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 6019 § 1, 2023; Ord. 5907 § 1, 2018; Ord. 5411 § 3, 1999; Ord. 4577 § 6, 1983; Ord. 4480 § 19, 1982).
17.28.130 Inspections.
The Fire Department as part of its fire prevention activities as directed by the fire chief may inspect all Group A, Group B, Group E, Group F, Group H, Group I, Group M, Group R, Group S, and Group U occupancies as regulated by the Oregon Fire Code within the city of a frequency as established by the supervisor of the Life Safety Division. (Ord. 6019 § 1, 2023; Ord. 5907 § 1, 2018; Ord. 5257 § 4, 1996; Ord. 4757 § 1, 1987. Formerly 17.28.140).
17.28.140 Records.
Records of all system inspections, tests and maintenance shall be maintained on the premises for a minimum of three years. All inspection, testing, and maintenance records are to be submitted to the Life Safety Division supervisor via The Compliance Engine (www.thecomplianceengine.com) by the appropriate contractor within 30 days of inspection, testing, or maintenance. (Ord. 6019 § 1, 2023).
17.28.150 Permits.
(1) Permit Required. A permit shall be obtained from the Life Safety Division prior to engaging in the following activities, operations, practices, or functions:
(a) Aboveground and Underground Tank Installations. To install tanks for the storage of hazardous material liquid aboveground and underground.
(b) Removal or Decommissioning Tanks. To remove or decommission above- or underground hazardous material liquid tanks.
(c) Fireworks for Retail Sales, Display, and Storage. Requirements for fireworks shall comply with Oregon Fire Code Chapter 56 and the Office of the State Fire Marshal.
(d) Temporary Membrane Structure/Tent. Erection of a temporary tent greater than 400 square feet if not open on all sides, or greater than 700 square feet if open on all sides.
(e) Special Event. Event requiring fire personnel to approve and/or inspect fire and life safety components. (Ord. 6019 § 1, 2023; Ord. 5907 § 1, 2018; Ord. 5411 § 5, 1999; Ord. 5257 § 5, 1996; Ord. 4911 § 1, 1990; Ord. 4857 § 1, 1989; Ord. 4822 § 2, 1988; Ord. 4817 § 2, 1988; Ord. 4757 § 1, 1987. Formerly 17.28.140).
17.28.160 Approved alternative method.
In lieu of installing and maintaining an emergency responder communications coverage system (ERCCS), the approved alternative is to opt-in to a one-time contribution as set forth by council resolution. The alternative method option shall be approved at the discretion of the Life Safety Division supervisor. (Ord. 6019 § 1, 2023).