City Auditor - City Recorder - City Code - Title 31 - Fire Regulations (March 1999 version)

31.10.145 Maintenance of Fire Protection Systems in Five Story Apartment Buildings.

This Title shall be known as the “Fire Regulations” and may be so cited and pleaded and is referred to herein as “this Title.”

This Title shall be deemed an exercise of the police powers of the City for the preservation and protection of the public health, peace, safety and welfare, and all of its provisions shall be liberally construed for that purpose.

The provisions of this Title shall apply equally to both public and private property, and shall be binding upon public officers and employees and all other persons except as may be otherwise specifically provided herein. This Title shall apply to all new structures and their occupancies including buildings, structures, equipment, etc. and, except as otherwise specified, to existing structures, and their occupancies including buildings, structures, equipment, etc., which constitute a hazard to life or to property.

The provisions of this Title, insofar as they are substantially the same as existing titles and/or ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.

This Title shall be applicable in addition to the measures of fire prevention as set forth in the laws and regulations of the State and the United States.

The provisions of this Title shall be administered by the Bureau of Fire unless otherwise specified in this Title.

There shall be, in the Bureau of Fire, a division known and designated as the Fire Prevention and Inspection Division.

The Fire Prevention and Inspection Division shall be under the supervision of the Chief Engineer of the Bureau of Fire. The Chief Engineer shall be responsible for all fire prevention in the City and for the enforcing of the various provisions of this Title or any subsequent amendments to the same.

The personnel of the Fire Prevention and Inspection Division shall consist of a Chief Fire Marshal, hereinafter referred to as Fire Marshal and as many assistant fire marshals and fire inspectors as may be allowed and provided by the City Council. The Chief Fire Marshal shall report directly to the Chief Engineer.

There shall be, in the Fire Prevention Division of the Bureau of Fire, a section designated as the “Fire and Arson Investigation Squad” which shall be considered a law enforcement unit of the City of Portland. Personnel assigned to this unit shall be designated peace officers, for the purpose of determining the cause of fires and detecting arson and for the purpose of enforcing this Code and any other codes, rules or regulations incorporated

therein. This unit shall be charged with the enforcement of the criminal laws of the State of Oregon relating to the crimes of arson, reckless burning, insurance fraud, and other related crimes.

Whenever the Fire Marshal shall find that the means of egress from a building or portion thereof, or that the means of preventing the origin or spread of fire or of extinguishing fire in any building or portion thereof, are insufficient or inadequate, he is hereby authorized and empowered to direct and require that any such building or portion thereof be rearranged, altered, or repaired to be sufficient and adequate in such respects.

The Fire Marshal, with the approval of the Chief Engineer, is authorized to make and enforce such rules, regulations and policies for the prevention and control of fires and fire hazards, as may be necessary to carry out the intent of this Code.

A. In order to obtain from the State Fire Marshal an exemption, in accordance with ORS 476.030(4) from the statutes, rules and regulations administered by the State Fire Marshal, the City hereby adopts and incorporates into this title by reference the following provisions of the Oregon Revised Statutes: ORS 476.005, 476.010, 476.150 through 476.290, 476.380, 476.715 through 476.990(5), 479.015, 479.090, 479.140, 479.150, 479.170, 479.190, 479.195, 479.210 through 479.300, 479.990(6), 480.110, 480.120, 480.124, 480.127, 480.140, 480.152, 480.154, 480.158, 480.160, 480.290, 480.310 through 480.340, 480.410 through 480.430, 480.450, 480.990 (5), (7) and (8).”

B. Where reference is made to the State Fire Marshal in the Oregon Revised Statutes mentioned in subsection A, the term “City Fire Marshal” shall be substituted for it.

31.10.130 Adoption of Oregon State Administrative Rules, Fire Marshall Chapter 837.

A. In order to obtain an exemption in accordance with ORS 476.030(4) from the statutes, rules and regulations administered by the State Fire Marshal, the City hereby adopts and incorporates into this title by reference the following administrative rules adopted by the State Fire Marshal:

5. Division 41, Fire Protection Regulations Relating to Institutional Care Facilities.

6. Division 43, Fire Protection Regulations Relating to Existing Group Care Facilities.

B. Where reference is made to the State Fire Marshal in the Oregon State Fire Marshal Administrative Rules, the term “City Fire Marshal” shall be substituted for it.

A. In addition to the provisions of this Title, and as a supplement thereto, in order to regulate those conditions hazardous to life and property from fire or explosion that are not specifically addressed by this Title, the City hereby adopts, with the exceptions noted below, the 1994 Edition of the Uniform Fire Code, including Appendices, as amended by the Oregon State Fire Marshal, hereinafter referred to as the “1996 Oregon Uniform Fire Code” and including the Uniform Fire Code Standards, 1994 Edition, promulgated by the International Fire Code Institute. For purposes of Title 31, “Model Code” means the 1994 Uniform Fire Code, published by the International Fire Code Institute.

B. In instances where provisions of the 1996 Oregon Uniform Fire Code conflict with Title 31 of the Portland City Code, Title 31 shall take precedence.

C. The City does not adopt the following provisions of the 1996 Oregon Uniform Fire Code, but in lieu thereof the following provisions of the Model Code or Title 31 take precedence:

1. Article 1, Administration. Delete the following Oregon amendments and adopt the Model Code: 101.2, 101.4, 103.2.1.1, 103.2.1.2 through 103.2.2.2, 103.3.2 through 103.3.4, 103.4 through 103.4.1.1, 103.4.1.1.1, 103.4.1.2 through 103.4.1.4, 103.4.2, 103.4.3.2 through 103.4.4, 103.4.4.1, delete 104.2, and 104.3.1 through 104.3.2.

Delete the following sections and apply Title 31: 103.1.4.1, 103.4.6, 105.3, 105.4, and 105.5 through 105.7, 105.8; through K.

2. Article 2, Definitions and Abbreviations. Delete the Oregon Amendment’s definition of “Chief” and adopt the Model Codes definition, which is found at Article 2, Section 204.

3. Article 9, Fire Department Access and Water Supply. Section 901.1: Delete Oregon Amendment and adopt Model Code.

4. Article 52, Motor Vehicle Fuel-Dispensing Station. Revise Section 5201.3.1 as follows: “Permits are required for motor vehicle fuel-dispensing stations. See Section 105 and City Fire Regulations, Title 31.40.030 J.

5. Article 77, Explosive Materials. Sections 7701.3 through 7701.3.2: Delete Oregon Amendments and Adopt Model Code. Section 7701.4 is revised as follows:

Before a permit is issued to use explosive materials, the applicant shall file with the jurisdiction a corporate surety bond as required by Title 17 of the Portland City Code.

6. Article 79, Flammable and Combustible Liquids. Section 7901.3.2: Delete Oregon Amendments and replace with “Provide Plans and Specifications as required by City Fire Regulations, Title 31.40.030 E.”

A. For the purpose of this Title, where the adopted State Fire Code or Model Code references a U.F.C. Standard that has not been adopted by this Title, the following meanings shall apply: Standard 14-1 means NFPA 72, Standard 14-2 means NFPA 72E, Standard 14-3 means NFPA 72H, Standard 24-1 means NFPA 407, Standard 62-1 means NFPA 86, Standard 74-1 means NFPA 50, Standard 79-1 means NFPA 11, Standard 79-2 means, NFPA 15, Standard 79-3 means NFPA 704, Standard 79-4 means NFPA 385, Standard 79-5 means NFPA 386, Standard 81-1 means NFPA 231, Standard 81-2 means NFPA 231C, Standard 82-1 means NFPA 58, and Standard 82-2 means NFPA 59.

B. Unless specifically provided for in other titles of this Code, where requirements of this Title do not provide necessary regulation or are not fully detailed with regard to processes, methods, specifications, equipment testing and maintenance, standards of design, performance and installation and other pertinent criteria, the City adopts Volumes 1 through 8 of the 1991 Edition of the National Fire Codes as published by the National Fire Protection Association.

31.10.145 Maintenance of Fire Protection Systems in Five Story Apartment Buildings.

(Added by Ord. No. 169752, effective Mar. 1, 1996.) The owners of Five Story Apartment Buildings of Type V-1 hour construction approved under City Building Regulations Title 24.95 shall be responsible for assuring that the fire and life-safety systems required by the Building Code and Title 24 are maintained in an operable condition at all times. Unless otherwise required by the Chief, quarterly test of such systems shall be conducted by approved persons. A written record shall be maintained and shall be forwarded to the Fire Marshall and be available to the inspection authority.

1. The Fire Code Board of Appeals, having been established, is hereby continued.

2. The Board shall consist of three members, and an alternate for each member, each member and alternate to serve a term of three years.

3. The Mayor shall appoint and may remove any member or alternate from the Board at any time.

4. Board members and alternates must by experience and training be qualified to pass on the provisions of this Title as they affect the interests of the City as a whole. No member or alternate shall be an officer, official or employee of the City. No two members or alternates shall be engaged in the same business, profession or occupation.

B. Election of Chairman. The Board annually shall elect a Chairman from among the three members of the Board.

C. Disqualification of members. No member or alternate shall hear or act on a matter in which he or she has any interest, direct or indirect, pecuniary or otherwise. In the event of such an interest, the member’s alternative shall hear and determine the matter.

D. Meetings. Meetings of the Board shall be held at the call of the Chairman, who shall call meetings at the Fire Marshal’s request.

E. Standing for appeal. The following persons, firms or corporations, herein called appellants, may appeal to the Board of Appeals:

1. Any person, firm or corporation who or which has been ordered by the Fire Marshal to incur any expense under any provision of this Title;

2. Any person, firm or corporation whose application for a permit or approval under this Title has been refused by the Fire Marshal; or

3. Any person, firm or corporation whose special case is not specifically covered by this Title.

F. Procedure on appeal. Within 10 days after the order or action of the Fire Marshal from which the appeal is taken, the appellant shall serve written notice of appeal on the Fire Marshal, specifying the nature of the order or action appealed from and the basis for the appeal. The Fire Marshal shall transmit copies of the notice of appeal to the Board of Appeals and to the Commissioner In Charge.

G. Notice of hearing. Not less than 10 days prior to the date of the hearing, the Board shall mail notice of the date, time and place of the hearing to the appellant, by certified mail, return receipt requested.

H. Board’s authority on appeal. After the hearing, the Board may by a majority vote, affirm, annul or modify the action of the Fire Marshal, provided, however, in any matter relating to or involving fire prevention, fire safety measures, or building construction requirements for safety, any modification of a strict application of this Title shall be made only on condition that a substantially equivalent degree of safety is provided generally conforming to national standards concerning fire prevention, fire safety measures and building construction requirements for safety.

I. Variances. Where unquestionably and clearly, practical difficulties, unnecessary hardship or consequences inconsistent with the general purposes of this Title may result from the literal interpretation and enforcement thereof, the Board of Appeals may grant adjustment of variances in a specific case with such conditions and safeguards as it may determine, in harmony with the general purpose, intent and spirit of this Title, so that the public safety and welfare shall be secured and substantial justice shall be done.

J. Number of Board members required to concur. The grant of a variance as provided in the previous subparagraph I, shall be by unanimous vote of the Board. The decision of the Board interpreting the provisions of this Title may be by a majority vote of the Board.

L. Filing fee for appeal. With the notice of appeal, the appellant shall pay to the City Treasurer a filing fee of $100.

M. Report to the Council. The Board of Appeals shall submit to the Council on or before the first day of August of each year a report summarizing its decisions for the preceding fiscal year together with its recommendations for amendments to this Title.

A. Upon written application, accompanied by the fee hereinafter set out, the Fire Marshal may furnish photocopies of fire incident reports, nonconfidential fire investigation reports, fire prevention inspection reports and other bureau related information.

Should a report exceed five pages, an additional charge of $2 per page will apply.

3. Supervised inspections -- hourly rate of Bureau employee supervising inspection.

6. Fire scene photographs, 3x5 reproduction -- $2.00/photo; 8x10 or 8x12 reproduction -- $10.00/photo.

B. Nothing in this section shall be construed as applying to any City, County, State or Federal agency, or subdivision thereof, or any nationally recognized nonprofit agency engaged in the suppression or prevention of fire, which shall make a request for fire safety, cause, or loss information.

Notwithstanding any other provisions of this Code, the Fire Bureau may use and land helicopters any place within the City for the purpose of training Fire Bureau personnel and helicopter operators in fire suppression techniques and disaster relief procedures and for the purpose of conducting disaster relief drills subject to the consent of the property owner or in the case of City property, the director of the affected bureau.

“Fire hazard” means any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or which may obstruct, delay, hinder or interfere with the operations of the Fire Bureau or the egress of occupants in the event of fire.

A. Any person, firm or corporation, occupying, using or having charge or control of any premises, or any part of any premises, who creates or maintains a condition, or situation which constitutes a fire or explosion hazard, or who fails to promptly comply with the written notice of the Bureau of Fire, shall be deemed guilty of a violation of this Title.

B. In case of fire resulting directly or indirectly from such failure or neglect to promptly comply with the notice of the Bureau of Fire, the person, firm or corporation so notified shall be liable in a civil action for the payment of all expenses incurred by the City in extinguishing any fire resulting from such failure or neglect.

C. The amount of such expense shall be fixed by the Commissioner having charge of the Bureau of Fire. When collected, such sum shall be paid into the general fund of the City.

D. Any person, firm or corporation occupying, using or having charge of any premises, or any part of any premises, who creates or maintains any condition or situation which constitutes a fire or explosion hazard and who fails to correct such unsafe condition, or fails to abate or to commence abatement of the violation of any provision of this Title within 30 days after receiving written notice from the Bureau of Fire to do so, shall be charged and be required to pay a reinspection fee of $50 for the second inspection and a $75 reinspection fee for each and every subsequent reinspection, necessitated by the failure to abate in a timely manner the condition or violation.

E. Any person, firm or corporation so charged for reinspection fees who does not feel that the charges are appropriate may appeal such charges pursuant to City Code Section 31.10.150.

F. The amounts of all such charges assessed pursuant to this Section shall be paid to the City Auditor, for deposit into the general fund of the City.

G. If any such amount is not paid within 30 days from the date of presentment of the written reinspection charge, an assessment for the cost shall be made by ordinance and shall be entered in the docket of City liens, and upon such entry the same shall constitute a lien upon the property on which the reinspection was conducted, which lien shall be collected in all respects as provided for street improvement liens. Such amount shall bear interest at the rate of 12 percent per year from 10 days after the date of entry into the lien docket.

H. The person who is the owner of the property at the time at which the notice required under this Section is given shall be personally liable for the amount of the assessment, including all interest and other charges.

It is a violation of this Title to use or occupy a building in a manner other than the approved use as recorded in the files of the Bureau of Buildings.

A. In enforcing any of the requirements of this Title, the Chief Fire Marshal may gain compliance by:

1. Instituting a proceeding before the Code Hearings Officer as set out in Title 22 of this Code; or,

2. Cause appropriate action to be instituted in a court of competent jurisdiction; or,

3. Take such other action as the Fire Marshal, in the exercise of his discretion, deems appropriate.

B. Nothing in this Section shall be construed to afford the right to appeal an order of the Fire Marshal to the Code Hearings Officer as set out in Title 22 of this Code.

A. The Fire Marshal or any of his assistants, the Chief of the Bureau of Fire, or any member of the Bureau of Fire in charge of fire fighting at a fire, or the Chief of Police or any member of the Bureau of Police in charge of police officers attending a fire, may immediately, summarily and without being required to give any notice whatsoever, cause the use and/or occupancy of all or any portion of a building or structure which is found to be in danger of fire resulting from the spread of an existing fire to be discontinued and may close said building or structure or part thereof during such period of danger, and prevent the use and occupancy thereof. Such officer may use such force as he may find reasonably necessary to protect human life. It is unlawful for any person to refuse to leave such building, structure or portion thereof when ordered to vacate the same under authority of this Section.

B. The Chief of the Bureau of Fire, or his authorized representatives shall be in charge of the scene of an emergency involving the saving of life and/or property from fire or other disaster, emergency medical services, hazardous materials incidents, or other emergency aid and shall have the power and authority to direct such operation as may be necessary in the reasonable performance of their duty.

A. If the Fire Marshal finds that for any reason, a building, structure, piece of equipment or process is manifestly unsafe for the purpose for which it is being used or is a fire hazard, as defined in Section 31.20.010, the Fire Marshal shall immediately, summarily, and without being required to give any notice whatsoever, cause the use and/or occupancy of all or any portion of such building or structure in which such fire hazard exists to be discontinued and may close said building or structure or part thereof by posting of notice or by barricade or other means, and prevent the use or occupancy.

B. It is unlawful for any person to refuse to leave such building, structure or portion thereof when ordered by the Fire Marshal to vacate the same.

C. The owner or person responsible for the existence or maintenance of such fire hazard may within 10 days after such summary action is taken appeal pursuant to City Code Section 31.10.150 asking that the premises or portion thereof be reopened for occupancy. If upon such appeal the Appeal Board finds that such summary action was reasonable, said premises or the portion thereof vacated shall not be reused or reoccupied until such time as such fire hazard shall have been eliminated.

D. The Fire Marshal may require vacation of the adjoining buildings, closing up of entrances, barricading of the sidewalk and streets, or any other precaution including disconnection of utility services, immediate dismantling or removal of installations, materials or substances, and the wrecking of all or any portion of the building or structure that he may find necessary as an emergency measure to safeguard human life.

E. Summary action under this Section and any appeal therefrom shall be in addition to any other procedures applicable under this Title.

F. Notwithstanding the mandatory directives to the Fire Marshal contained in this Subsection, the Fire Marshal may, in the exercise of his authority, and in lieu of ordering the vacation of such building or structure, impose alternative interim measures, including, but not limited to, the imposition of a fire watch as established in Section 31.20.070, when, in the opinion of the Fire Marshal, such

interim measures will reduce such hazard so that it is no longer imminently dangerous so that persons may temporarily occupy such building or structure, until such hazard has been abated.

G. The owner, his agent, or the occupant shall reimburse the City for any expenditures by the Fire Marshal in precautionary measures under this Section or such expenditures shall be included as an additional item and be spread as an assessment against the property.

H. If a building or structure used for low income multi-family housing is found to be imminently dangerous, as set forth in Subsection A of this Section, the Fire Marshal shall not cause the use and/or occupancy of the building or structure to be discontinued immediately, but shall report the matter to the Commissioner In Charge who shall report the matter to the Council for consideration of rehabilitation and repair by the City, provided that the Fire Marshal, in the exercise of his discretion, finds that interim measures, including but not limited to a fire watch, will reduce the hazard so that it is no longer imminently dangerous until the Council has heard the matter, as set forth in Title 24.

A. It is unlawful under any circumstances to close up or obstruct stairs, exits, or the approaches leading thereto in any building. No exit door in any building shall be locked in any manner that will prevent its being immediately operable by any occupant from the inside of the building while such building, or structure is in use.

B. If the Fire Marshal determines that a required exit, or exitway is not immediately available for use because of being locked, blocked, chained, modified, or otherwise limited in use and the present occupancy of the building is such that the building is imminently dangerous, as described in Section 31.20.050 because of this condition, he shall immediately contact the owner, manager, or other person present and in charge of the building and order the exit or exitway made usable. In the event that he is unable to locate a person in charge in the building, or in the event the person in charge of the building fails to open the exit or exitway immediately to full use, he shall cause the person to be cited as authorized by Section 31.20.030 of this Title and determine if it is practical to cause the building to be vacated in order to eliminate the imminently dangerous condition. If he determines that it is impractical considering the nature of the occupancy, the time of day, the number of persons involved, and the demeanor of the persons involved, and that the exitway can be made usable, by summary abatement of the exit or exitway limitation, he is authorized to cause the exitway or exit to be made usable to the extent necessary to eliminate the imminently dangerous condition. The cost thereof shall be charged against the property using the procedure provided for in Section 31.20.020. The owner, manager, or other person in charge shall be immediately notified of the action taken and ordered by the Fire Prevention Division to secure the premises in full compliance with the Code of the City of Portland.

C. It is unlawful under any circumstances for any person to stand, sit or otherwise occupy, so as to obstruct any stairs, exits, or the approaches leading thereto in any building.

D. Overcrowding. No person shall permit overcrowding or admittance of any person beyond the approved capacity of any place of public assemblage. The Fire Marshal, upon finding any overcrowding conditions or obstruction in aisles, passageways or other means of egress; or upon finding any condition which constitutes a serious menace to life, may cause the performance, presentation, spectacle or entertainment to be stopped until such condition or obstruction is corrected.

E. As an alternative to the remedy specified in Subsection D of this Section, the Fire Marshal may revoke the public assembly permit, provided for in Chapter 31.40, as follows:

1. For the first offense in any 2-year period, revoke the permit for one day and/or performance, or until the condition is corrected.

2. For the second offense in any 2-year period, revoke the permit for 3 days and/or performances, or until the condition is corrected.

3. For the third offense in any 2-year period, revoke the permit for 15 days and/or performances.

4. For the fourth and subsequent offenses in any 2-year period, revoke the permit for 30 days and/or performances.

F. Any person, firm or corporation aggrieved by the action of the Fire Marshal under Subsection E of this Section may appear before the Fire Marshal to show cause why the permit should not be revoked and may appeal to the Fire Code Board of Appeals, as provided in 31.10.150. The permit shall remain valid, pending the decision of the Board of Appeals.

A. In order to avoid relocating persons from, or the vacation of, any structure, place of business or place of habitation that is imminently dangerous, as described in 31.20.050, the Fire Marshal or senior fire officer may, if he determines that a reasonable level of fire and life safety can be obtained, order the owner, agent, or manager to provide either a licensed, bonded security agency or an employee or volunteers, approved by the Fire Bureau, to perform as a fire watch, making periodic patrols, as designated by the Fire Bureau, as a condition of allowing continued occupancy of the structure, place of business, or place of habitation.

B. If a licensed, bonded security agency or an employee fire watch patrol, or volunteers, approved by the Fire Bureau, are not available, or able to make such periodic patrols as ordered by the Fire Marshal or senior fire officer, or if no owner, agent or manager is available, or if the owner, agent or manager or such fire watch patrol does not comply with such orders of the Bureau of Fire, then the Fire Marshal or senior fire officer may order off duty Fire Bureau personnel back to duty to provide the fire watch patrol.

C. As an additional alternative to implementing a fire watch patrol, the Fire Marshal or senior fire officer may contract with a licensed, bonded security company to provide such service, and the owner of the involved property shall be responsible for all reasonable costs incurred by such security company for such patrols.

D. The owner of the structure, business, or place of habitation shall be responsible for paying all costs incurred by the Fire Bureau, and such person shall pay this cost to the City Treasurer who will reimburse the Fire Bureau’s budget for this expense. If such costs are not paid within 30 days of billing by the Bureau of Fire, then an assessment for such costs shall be made by ordinance and shall be entered in the docket of City liens, and, upon such entry the same shall constitute a lien upon the property upon which the call back fire watch patrol was provided, which lien shall be collected in all respects as provided for in Section 31.20.020, and shall bear interest at the rate of 12 percent per year from 10 days after the date of entry into the lien docket.

A. Required Construction. Every building hereafter constructed shall be accessible to fire department apparatus by way of streets designed in accordance with Title 34, or roadways of not less than 20 feet of unobstructed width, with adequate roadway turning radius, capable of supporting the imposed loads of fire apparatus and having a minimum of 13 feet 6 inches of vertical clearance. Dead-end fire department access roads in excess of 300 feet long shall be provided with approved provisions for the turning around of fire department apparatus.

1. When there are not more than two Group R, Division 3 or M occupancies as defined in the Building Code, the requirement of this Section may be modified when, in the opinion of the Chief, fire fighting or rescue operations would not be impaired.

2. Streets of less than 20 feet clear width may be approved when constructed as a “queuing street” in accordance with the Standard Construction Specifications of the City of Portland.

B. Obstructing. The required width of access roadways shall not be obstructed in any manner, including parking of vehicles. NO PARKING signs or other appropriate notice, or both, prohibiting obstructions may be required and shall be maintained.

C. Extent. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the Chief.

D. Fire protection alternate. Where the Chief approves a fire protection system, the Chief may also modify the access requirements set out in Subsection A of this Section.

E. Oversizing. The Chief shall have the authority to require an increase in the minimum access widths where such width is not adequate for fire or rescue operations.

F. Bridges. Where a bridge is required to be used as access under this Section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using design live loading sufficient to carry the imposed loads of the fire apparatus.

G. The Chief of the Bureau of Fire shall have authority to remove on-street parking from any street built to “queuing street” standards (Standard Construction Specifications of the City of Portland) when any of the following conditions apply:

1. The Chief determines that site-specific conditions (such as too-tightly-curved roadway alignment) render the travel lanes useless for access of fire apparatus.

2. Actual emergency response experience clearly indicated that emergency vehicles cannot provide service.

A. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, there shall be provided, when required by the Chief, on-site fire hydrants and mains capable of supplying the required fire flow.

Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed system capable of supplying the required fire flow. The Chief shall set the required fire flow and may be guided by Appendix III A of the Uniform Fire Code, 1991 Edition.

The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the Chief. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 31.20.080. Hydrants installed and maintained by private property owners must be painted red.

B. Timing of installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the Chief, are provided, the above may be modified or waived.

C. Approval and testing. All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), wet and dry standpipes, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall be subject to such periodic tests as required by the Chief. Plans and specification shall be submitted to the fire department for review and approval prior to construction.

D. Automatic fire pumps. Where required by the Chief, a minimum of two fire pumps independently driven shall be provided and sized for the sprinkler demand and a minimum 500 gpm fire department standpipe operation.

E. Combined system. In combined sprinkler and standpipe systems where sprinkler risers with 2-1/2 inch hose outlets are provided, the risers and supply piping to the risers shall be sized to accommodate a supply of 500 gpm at 65 psi at the topmost two outlets (250 gpm per outlet); or the sprinkler demand, whichever is greater.

A. Fire escapes shall be subject to reinspection as required by the Fire Marshal, who may require an engineer’s report to show compliance with the requirements of this Section.

1. Fire escape stairways and their landings shall support their dead load plus a live load of not less than 100 pounds per square foot or concentrated load of 300 pounds placed anywhere on the landing, balcony or stairway so as to produce the maximum stress.

2. All stairway and balcony railings shall support a horizontally applied force of not less than 50 pounds per lineal foot of railing applied at top of railing, or a concentrated load of 200 pounds placed anywhere on the railing so as to produce the maximum stress.

3. Fireman’s ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds per lineal foot in any direction; each rung shall support a concentrated load of 500 pounds placed anywhere on the rung so as to produce the maximum stress. Ladder assemblies shall have a minimum vertical load capacity of 100 pounds per lineal foot for each foot of width.

4. Test loads shall be twice that of the working loads specified in this Section.

C. Engineer’s report. When required by the Fire Marshal, fire escapes shall be inspected, analyzed and/or tested to show compliance, or non-compliance, with the above standards. Particular attention shall be paid to the connection of the fire escape to the building. Such inspection, analysis and/or testing shall be performed by a professional engineer registered in Oregon, except that testing may be done by an approved testing agency when done under the direction of the engineer.

The findings of the engineer shall be summarized in a report and three copies submitted to the Bureau of Buildings for review.

D. Removal of Fire Escapes. After conferring with the Building Official, the Fire Marshal may approve requests for the removal of fire escapes when a review determines the remaining exiting and life safety system complies with the current Building Code or is judged to provide equivalent exiting safety. The review should include the number of exits, access and arrangements of exits, location of standpipes, and presence of automatic sprinklers and automatic detection.

E. Removal of counter-balance stair. When counter-balance stairs required by ORS 479.050 could be used by unauthorized persons to enter a building, the Fire Marshal may approve requests for the counter-balance removal when alternative measures are judged to be equivalent

By entitlement as determined by the Rewards Committee established and empowered under Section 31.30.030, the City will pay a reward of:

A. $500 or three times the amount of actual damage caused by the violation, whichever is less, if the violation involved the use of any explosive or firebomb, or if the violation injured or killed a person;

B. $100 or three times the amount of actual damage caused by the violation, whichever is less, if the violation damaged property only and did not involve use of any explosive or firebomb;

C. The amount in Subsections A and B above may be increased to a maximum reward of $5,000 at the discretion of the Rewards Review Committee in the case of injuries or death from fire or in the event of a rash of incendiary fires in a given area; however, the amount of the reward offered by the Rewards Review Committee shall not, in any event, exceed the then current amount in the Reward Fund provided by the City Council and private and public donors.

D. Any reward paid under this Title will be in lieu of any other reward that may be payable under Title 14 or any other title of this Code.

E. The provisions of Title 14, Chapter 14.12, Rewards, shall apply to any and all awards paid under this Title.

A. A Rewards Review Committee comprised of five persons is created for the purpose of investigating and evaluating facts relating to fires to determine entitlement to rewards as are provided for in this Title or any other title of the Code of the City of Portland. The members of the Rewards Review Committee shall be chosen from the public at large of the City of Portland by the Commissioner In Charge of the Fire Bureau and shall serve without compensation at the pleasure of the Commissioner. The Committee shall utilize, but is not limited to, all fire investigative resources of the Bureau of Fire for its factual information and can gain information from other sources which shall remain confidential to the members of said Committee. The Committee shall determine entitlement to rewards to anonymous persons from all information at its disposal and shall transmit over the signature of the chairman a notice of any such monetary entitlement to the Chief of the Fire Bureau. The Chief of the Fire Bureau shall regard such written notice as a cash requisition for the amount named therein and shall make such amount available from the fund established in paragraph B hereof to the Rewards Review Committee for payment to the person or persons determined to be entitled.

B. The Chief of the Bureau of Fire is hereby authorized to maintain a cash fund with or without a checking account for the payment of rewards in accordance with paragraph A above. He is hereby authorized to receive and hold in this cash fund direct donations for this specific purpose and with the approval of the Commissioner In Charge of the Bureau of Fire to draw City funds chargeable to City appropriations specifically for this purpose in order to maintain sufficient confidential records of both receipts and payments to be able to provide a confidential accounting to the Commissioner In Charge of the Bureau of Fire. No further accounting shall be required.

C. The Rewards Review Committee may increase the amount of any reward provided for in Chapter 31.30 above the specified maximum, provided that any excess above the maximum specified shall be paid solely from donations provided for in Subsection B above.

There is hereby established a Bureau of Fire, Rescue and Emergency Services Investigative Fund, to include all funds previously held by the Bureau of Fire, Rescue and Emergency Services for rewards and for similar disbursements, in the sum of $500.

The Bureau of Fire, Rescue and Emergency Services shall maintain and disburse this fund for investigative, enforcement and reward purposes in connection with its duties and functions.

Disbursements from the Fund shall be on the order of the Chief of the Bureau of Fire, Rescue and Emergency Services or of the Fire Marshal and the funds shall be managed by the Bureau of Fire, Rescue and Emergency Services Management Officer.

The Fund shall be maintained at a level of $500, to be replenished from time to time by disbursements chargeable to the Bureau of Fire, Rescue and Emergency Services’ appropriation.

The Chief of the Bureau of Fire, Rescue and Emergency Services shall make a periodic confidential accounting of the disbursements of the Fund to the Commissioner In Charge of the Bureau of Fire, Rescue and Emergency Services.

“Permit” means a written permission of the Fire Marshal issued pursuant to the provisions of this Title.

A. Plans for construction, alterations, repairs, or other work involving or affecting the fire and life safety features of any building regulated by the Fire Marshal shall be reviewed by representatives of the Prevention Division and comments noted prior to issuance of the building permit.

B. For each application that requires payment of a Bureau of Buildings Fire and Life Safety fee, the applicant shall pay a Fire Code Enforcement Fee in an amount equal to 16% of the Bureau of Buildings, Building Permit Fee. The Fire Code Enforcement Fee shall be paid when the plans and application for a Building Permit are accepted for examination and shall not be refundable.

A. It is unlawful for any person, firm, or corporation to use a building or premises or to engage in any activities for which a permit is required as herein outlined without first obtaining such permit from the Fire Marshal.

B. Applications for permits shall be made to the Bureau of Fire in such form and detail as prescribed by the Bureau. Applications for permits shall be accompanied by such plans as required by the Bureau.

C. The application for the permit shall state the name, address and telephone number of the owner or party legally occupying the building or premises on which the activity will be conducted. If the applicant is the owner or occupant of the building or premises, the application shall state that fact.

D. The application shall be accompanied by the written permission of the owner or legal occupant, signed by a person with authority to do so, authorizing the applicant to carry on the activity described in the application, in the building or on the premises described.

E. Plans and Specifications. When required by the Fire Marshal, sufficient plans, specifications, and engineering data must be submitted for the purpose of verifying that the proposed activity or design complies with applicable codes, standards and regulations. When the applicant fails to provide adequate specifications and plan detail, the Fire Marshal may require all submittals to be prepared by an architect or engineer registered in the State of Oregon. A Plan Review Fee, as specified in Subsection 31.40.040 C, must be paid.

F. A permit issued under this Title shall continue until revoked or for such a period of time as designated therein at the time of issuance. It shall not be transferable and any change in use, occupancy, operation or ownership shall require a new permit.

G. All permits issued under this Title shall be presumed to contain the provision that the applicant, his agents and employees shall carry out the proposed activity in compliance with all the requirements of this Title and any other federal and State laws and City regulations that apply, whether specified or not, and in complete accordance with the approved plans and specifications. Any permit which purports to sanction a violation of this Title or any applicable law or regulations shall be void and any approval of plans and specifications in the issuance of such permit shall likewise be void. In instances where laws or regulations are enforced by other agencies, joint approval shall be obtained.

1. Any permit issued under this Title may be suspended or revoked under the following conditions, when it is determined after an administrative hearing by the Fire Marshal that:

c. Any of the conditions or limitations set forth in the permit have been violated;

d. The permittee fails, refuses, or neglects to comply with any order or notice duly served under the provisions of this Title;

e. The permitted work was initiated without the owner’s or other governmental agency’s consent.

f. Work has not begun within 180 of permit issuance or work, once commenced, has not progressed for a period of 90 days.

2. Any permit may be suspended for up to 3 working days without a hearing if the Fire Marshal finds that hazards other than those anticipated in the permit approval exists or there has been any false statement, misrepresentation or omission as to a material fact, or change in condition from those stipulated in the application or plans upon which the permit was based.

1. General. All construction, work, or activity for which a permit is required shall be subject to inspection by the Fire Marshal. It shall be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes. Neither the Fire Marshal nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

2. Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the Fire Marshal that such work is ready for inspection. The Fire Marshal may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Fire Marshal. It shall be the duty of the permit applicant requesting any inspections required by this Title to promptly comply with the written notice of corrections required by the Fire Marshal as a condition of the permit. A fee of $50 shall be charged for reinspections when the work is not ready for the requested inspection.

3. Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or his agent shall have posted an inspection record card in a conspicuous place on the premises and in such position as to allow the Fire Marshal conveniently to make the required entries thereon regarding the inspection of the work. This card shall be maintained in such position by the permit holder until final approval has been granted by the Fire Marshal.

4. Special Inspections. When inspections are requested or required outside of normal working hours to verify compliance with approved plans or permits, a fee shall be paid at the rate of $30 per hour, with a minimum charge of 4 hours.

1. Automatic Sprinkler Systems and standpipes. To install, alter, repair or remove any automatic sprinkler system or standpipe, or equipment pertaining thereto.

2. Compressed Gases and Cryogens. To install containers, piping and related equipment for the manufacture, storage, handling or use of compressed gases and cryogens.

3. Dry Cleaning Plants. To install dry cleaning equipment for the use of flammable or combustible liquids, or to change to a more hazardous cleaning solvent.

4. Fixed Extinguishing Systems. To install, alter, repair or remove any fixed extinguishing system or related equipment, other than automatic sprinklers.

5. Fire Alarm System. To install, alter, repair or remove any fire alarm system or equipment pertaining thereto.

6. Fire Hydrant, Private. To install, alter, repair or remove any private fire hydrant or related piping or devices.

7. Tanks and Related Equipment doe the Storage, Transport or Use of Flammable or Combustible Liquids as defined in Article 79, or Hazardous Materials as defined in Article 80 of the Adopted Uniform Fire Code.

a. To install, alter or remove equipment or piping in connection with the manufacture, storage, handling, use or sale of flammable or combustible liquids or hazardous materials.

b. To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquids or hazardous materials.

c. To change the type of contents stored in tank containing flammable or combustible liquids or hazardous materials to a material other that that for which the tank was designed and constructed.

8. Liquefied Natural or Petroleum Gases and Compressed Natural Gas. To install, alter or remove equipment in connection with the storage, handling and use of liquefied petroleum gases (“L.P.”), (“L.N.G.”) or compressed natural gases (“C.N.G.”). Any person, firm or corporation engaged in the

business of installing, extending, altering, or repairing any L.P. gas appliance, piping, vent or flue connection pertaining thereto shall possess an L.P. gas installation license, in accordance with ORS 480.432.

9. Paint Spray Booths. To install, alter or remove pre-manufactured paint spray booth or related equipment.

10. Cutting and Welding. Either a “General” or “Site Specific” permit is required when cutting or welding is performed outside of an occupancy classified as “H4” in the records of the Bureau of Buildings.

a. A “General Permit” gives automatic Fire Marshal approval when the contractor or responsible party signs the permit and complies with the list of conditions.

b. A “Site Specific Permit” must be obtained when required by the Fire Marshal or when the list of conditions contained in the “General Permit” cannot be complied with.

11. Roofing Kettles. To place and use roofing kettles on any surface above grade.

12. When not otherwise required by this Title, permits may be issued for removal of underground tanks when appropriate procedures have been followed and fees paid, in accordance with Table 40-A, upon request of the property owner or agent.

a. Public Assembly. When required by the Fire Marshal, the owner or operator of public assembly occupancies having an occupant load of 50 or more where fixed seats are not installed shall obtain a permit which specifies the maximum number of persons allowed in the building or portion of the building. In addition to the valid permit an approved set of the assembly plans must be displayed on the premises. Such plan shall indicate the seating arrangements, location and width of exitways and aisles serving assembly rooms or areas having an occupant load of 50 or more where fixed seats are not installed, The plan shall be prepared by an architect registered in the State of Oregon when, as determined by the Fire Marshal, the applicant fails to provide the necessary specifications and plan detail.

b. Explosives, Blasting Agents, Ammunition and Fireworks. When required in Section 31.70 a permit shall be obtained for the possession, storage, transportation, sale or use, or transferring from one vehicle or boat to another, of explosives, blasting agents, ammunition or fireworks as required in Section 31.70.

a. Festivals, celebrations or special events of a temporary nature held in a portion or portions of a building, structure or enclosed area not approved with the Certificate of Occupancy for the proposed use. Applications for the permit and sufficient plans shall be submitted for approval not less than 10 days prior to the event or the commencement of advance ticket sales, whichever occurs first. The application shall include, when required by the Fire Marshal, submittal of plans as specified in Subsection 31.40.040 C. An approved set of plans shall be kept at the event site.

c. L.P. Gas. Storage or use of L.P. Gas within Fire Zone 1 in excess of 16 ounces when the Fire Marshal finds substantial protection and precautions have been provided.

d. Temporary Use of L.P. Gas within buildings. For the temporary use of L.P. Gas within buildings in excess of the amounts allowed by the Uniform Fire Code adopted in this Title.

15. Medical Gases and Vacuum Systems. To install containers, piping and related equipment for the storage and handling of medical air and medical vacuum systems.

16. It is unlawful for any person, firm or corporation, including the owner of the building, structure, or arena to which the permit applies, to fail to comply with the terms of a temporary permit issued pursuant to Code Section 31.40.030 J 14 for a special event.

a. In addition to any other liability or penalty provided by law, the Fire Marshal or assistants may impose a civil penalty in an amount equal to the Occupant Factor multiplied by the Penalty as set out in the Public Assembly Penalty Schedule listed in Table 40-C against any person, firm, or corporation who violates subsection 16 of this section, per day for each day the violation continues. The Occupant Factor is determined by the “Approved Occupant Load” and shall be as follows:

b. Upon having probable cause to believe that a violation of subsection 16 has occurred, the Fire Marshal or assistants may issue a citation delivered in person or by Registered or Certified mail, which shall include:

(3) A statement of the amount of the applicable penalty or penalties stated in the Code, and

c. The person, firm, or corporation cited as violating the permit requirements shall, within 15 calendar days of receiving written notice of Violations, pay to the City the stated penalty or request an appeal hearing by the Code Hearings Officer as set forth in Portland City Code Title 22.

(1) If, pursuant to said appeal hearing, a penalty is ordered, payment of the penalty must be received by the City or postmarked within 15 days after the order becomes final.

(2) The findings of the Code Hearings Office may be reviewed only as provided in Code Title 22.

d. The City may bring an action to collect any penalty assessed by a bureau member in any court of the State of Oregon for the county in which the person from whom the penalty is being sought resides or in which such person’s principal place of business is located.

e. If a violation of this chapter results in or contributes to any emergency, including a fire, the violator may be assessed the full cost of the emergency response as well as cleanup costs.

1. Hazardous Substance Possession. For the storage, use, handling or manufacture of hazardous substances an annual Hazardous Substance Possession fee for possession of reportable quantities of hazardous substances and materials as defined is required as specified in Section 31.80.

2. Plan Review. For the review of plans as may be required by the Fire Marshal or as may be required by other sections of this Title.

3. Special Inspections. For required or requested special inspections as described in Section 31.40.030 I 4 a fee shall be paid.

A. General. Fees for permits required under Section 31.40.030 J shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule.

B. Permit Fees. The fee for each permit required under Section 31.40.030 J shall be as set forth in the appropriate table designated in the following subparagraphs B 1, B 2 and B 3. The determination of the value or valuation under any of the provisions of this code shall be made by the Fire Marshal.

1. The fee for each permit required under Section 31.40.030 J 2-3, J 7-8 and J 15 shall be as set forth in Table No. 40-A. The value to be used in computing the permit and plan review fees shall be the total value of all construction work for which the permit is issued.

2. Fees for automatic sprinkler systems, standpipes, fixed extinguishing systems and private fire hydrants:

a. The fee for each permit required under Section 31.40.030 J 1, J 4 and J 6 shall be as set forth in Table 40-D. For both new and alter systems the “Total Value of Work Performed” shall be equal to the actual contract price of the work, but not less than an amount determined by adding the amounts determined as follows: Multiply the square footage protected by the automatic sprinkler system by $1.33 per square foot; add the actual contract price of the underground water system improvements needed.

b. When the work being performed does not involve the addition/alteration of sprinkler heads, the value shall be based on the actual contract price.

c. The cost of permit fees associated with water main connections to the City water supply may be deducted from the contract price.

3. The fee for each permit required under 31.40.030 J 9-14 and 31.40.030 J 16 shall be as set forth in Table No. 40-C.

4. The fee for each fire alarm permit required under Section 31.40.030 J 5 shall be as set forth in Table No. 40-E. The value to be used in computing the permit and plan review fees shall be the total of all construction work for which the permit is issued, as well as all permanent fire alarm material and equipment.

C. Plan Review Fees. When a plan or other data are required to be submitted by the Fire Marshal, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be 65 percent of the permit fee calculated in 31.40.040 B 1, 2 or 3.

Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table No. 40-A.

D. Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Fire Marshal. The Fire Marshal may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

1. Investigation. Whenever any work for which a permit is required by this Title has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this Title. The minimum investigation fee shall be the same as the minimum fee set forth in the appropriate table. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Title nor from any penalty prescribed by law.

F. Fees for possession of hazardous substances and materials required by Subsection 31.40.035, for hazardous substances and materials regulated by Chapter 31.80, shall be as set forth in Table 40-B.

1. The fee schedule will be reviewed and adjusted annually to assure its use will generate sufficient funds to meet actual costs and contingencies and to ensure that, in as much as possible, excessive funds are not collected.

2. Hazardous Substance Possession Fees shall be based on the quantity reported on the Hazardous Substance Survey to the State Fire Marshal.

3. Annually any person possessing a hazardous substance at a covered facility shall pay a fee for each facility site. The annual fee assessed shall be based upon the single largest maximum aggregate quantity of substances reported in the Hazardous Substance Survey which is subject to a fee greater than substances which are classified as subject only to a registration.

4. The annual fee shall be in accordance with the fee schedule in 31.40.040, Table 40-B unless the substance is subject only to a registration fee.

G. Fees of public assembly permits required by Subsection 31.40.030 J 13-14 shall be paid at the rate specified in Table 40-C of this Chapter. Fees for review of plans required by Subsections 31.40.030 I and J shall be paid at the hourly rate specified in Table 40-A of this Chapter.

H. When requested by an owner for the purposes of documenting the decommissioning of a one or two-family residential underground storage tank, a permit may be issued and an inspection made after payment of a fee in the amount specified by 31.40.040 B 1, Table 40-A.

*=Solids must be reported in Pounds. Liquids, including liquified gases, must be reported in Gallons. Gases, except liquefied gases, must be reported in Cubic Feet at NTP (Normal Temperature & Pressure).

A. All generally hazardous substances, materials, or wastes, except those regulated in sections (B) and (C).

4. Highly toxic substances, according to the Oregon Uniform Fire Code 1996 Edition;

5. Any highly hazardous substance determined by the State Fire Marshal to present a high degree of hazard to the public or emergency responders.

C. Minimally hazardous substances such as clay and diatomaceous earth, as determined by the State Fire Marshal to present minimal hazards.

Note: Multiple Violation Penalties involving different requirements or exhibits may be accrued

Propane bottle not secured in upright position

Propane bottle less than 5 feet from ignition source

Propane regulator not on bottle

Propane bottle stored/used in enclosed structure

$25

Propane bottle stored/used in enclosed structure

Propane bottle with no collar around valve

6 inch ground ventilation not provided for

propane bottle(s) allowed in food booth

Food vendor with no fire extinguisher or improper type

Exits blocked, obstructed, or not in place

Fire fighting appliances blocked or obstructed

Exit corridors or aisles obstructed or not in place

Exit signs not working, obstructed or not in place

Tables not spaced as per approved floor plans

Loose chairs not bonded in groups of three when over 300

Failure to comply with other permit conditions

Propane bottles not secured in upright position

$25

$250

* Fee = Total hours of review rounded to the nearest ½ hr. multiplied by $35. Minimum Charge, $17.50.

** = When site visit required, permit fee shall be equal to total hours of review rounded to the nearest ½ hr. multiplied by $35 (minimum fee $25).

A. A “certificate of fitness” is a written statement issued by the Fire Marshal certifying that the person to whom the certificate is issued has passed an examination as to his or her qualifications to perform the work mentioned therein and that he or she has authority to perform such work during the term specified.

B. Each certificate issued shall remain valid and in effect during the calendar year of issue unless suspended or revoked for due cause by the Fire Marshal. The certificate shall not be transferable.

C. When an applicant has successfully passed the examination, upon receipt of the first annual fee of $45 the Fire Marshal shall issue the Certificate of Fitness to the applicant. The Fire Marshal shall issue subsequent annual certificates of fitness on payment of an annual fee of $30.

D. It is unlawful for any person, firm or corporation to install, alter, service, test or perform any other work on any equipment regulated by this Chapter without first obtaining a Certificate of Fitness for such work from the Fire Marshal.

E. It is unlawful for any firm or corporation to assign an employee or other person to perform any of the services regulated by this Chapter unless such employee or person is certified, or working under an on-site supervisor who is certified.

F. Whenever the Fire Marshal determines after investigation that any person holding a Certificate of Fitness, as above provided, has performed work so as to create a hazard to life or property, he is authorized and empowered to suspend or revoke the Certificate of Fitness of such person.

G. Any person so affected may appeal such suspension or revocation as provided in Chapter 31.10.150.

A Certificate of Fitness shall first be obtained from the Fire Marshal before doing any of the following:

B. Automatic sprinkler system installation, alteration, testing, service or repair;

D. Fixed fire extinguishing systems installation, alteration, testing, service or repair;

For the purpose of this Title, the entire City of Portland is hereby declared to be, and is hereby established a district, and said district shall be known and designated as Fire Zones Number 1, 2 and 3. Whenever in this Title reference is made to any fire zone, it shall be construed to mean one of the fire zones within the boundaries established in this Chapter.

A. In the first and second fire zones as defined in this Title, it is unlawful for any owner or agent of the owner of any building which now or in the future has a basement area, which is not exempt under this section, to continue the basement area, whether in use or not without complying with this Section.

1. The term “basement area” as used in this Section, unless otherwise indicated, means a story, any portion of which is below the grade of the building, or a cellar or subcellar.

2. The term “grade” of a building means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet from the building, between the building, and a line 5 feet from the building.

B. The height of a basement shall be measured from the floor surface to the bottom of the floor joists above or the surface of the ceiling above.

C. If the basement area of the building contains more than 10,000 sq. ft. within foundation lines, the basement area shall be equipped with an automatic sprinkler system conforming to applicable standards of NFPA No. 13 “sprinkler systems, installation of,” NFPA National Fire Codes.

D. If the basement area of the building contains less than 10,000 sq. ft. within foundation lines, the basement area shall be equipped with an automatic sprinkler system as specified in Subsection C, except that the water connection for the sprinkler system may be 2 inches in diameter IPS (iron pipe size).

5. A building having a basement of less than 1,000 sq. ft. and containing no combustible material of any kind;

6. That portion of any basement occupied for dwelling purposes in conformity with Code requirements;

b. At least 3 feet of its average height is above the grade of the building; and

c. There are at least two means of access by exterior windows or doors, and each window counted provides an opening not less than 22 inches high and 30 inches wide, above the grade of the building and above the adjacent ground surface.

8. That portion of any basement area of a building Type 1 or 2 construction which is not used for storage of combustible goods, to the extent that such area would not constitute a fire hazard, or not used for retail purposes, and which portion is divided from the remainder of the basement area by a noncombustible constructed wall.

9. Also, that portion of a basement area where sprinklers are undesirable because of the nature of the contents.

Fire Zone No. 1 is bounded by a line beginning at the point of intersection of the harbor line with the north line of Foothills Freeway extended; thence westerly along the north line of the Foothills Freeway to the center line of SW 13th Avenue; thence northerly along the center line of SW 13th Avenue to the center line of SW Salmon Street; thence westerly along the center line of SW Salmon Street to the center line of SW 18th Avenue; thence northerly along the center line of SW 18th Avenue to the center line of SW 19th Avenue extended; thence northwesterly along the center line of SW 19th Avenue to the center line of West Burnside Street; thence northerly along the center line of NW 19th Avenue to the center line of NW Davis Street thence easterly to the center line of NW 4th Avenue; thence northerly along the center line of NW 4th Avenue to the center line of NW Everett Street; thence easterly along the center line of NW Everett Street extended to the harbor line; thence southerly along the harbor line to the place of beginning. (See Appendix 1)

A. Fire Zone No. 2, West Side, is bounded by a line beginning at the point of intersection of the center line of SW 13th Avenue and the north line of the Foothills Freeway; thence northwesterly along the south line of the Foothills Freeway to the center line of SW 18th Avenue; thence northerly along the center line of SW 18th Avenue to the center line of SW Jefferson Street; thence westerly along the center line of SW Jefferson Street to the center line of SW 18th Avenue to the center line of SW Salmon Street; thence westerly along the center line of SW Salmon Street to the center line of SW King Avenue; thence northerly along SW King Avenue to the center line of SW Yamhill Street; thence westerly along the center line of SW Yamhill Street to the center line of SW Vista Avenue; thence northerly along the center line of SW Vista Avenue to the center line of West Burnside Street; thence westerly along the center line of West Burnside Street to the center line of NW 23rd Avenue; thence northerly along the center line of NW 23rd Avenue to the center line of NW Glisan Street; thence easterly along the center line of NW Glisan Street to the center line of NW 19th Avenue; thence northerly along the center line of NW 19th Avenue to the center line of NW Thurman Street to the center line of NW 29th Avenue; thence northerly along the center line of NW 29th Avenue to the center line of NW Nicolai Street; thence easterly along the center line of NW Nicolai Street to the westerly line of the Northern Pacific Railroad right-of-way; thence southeasterly along the westerly line of the Northern Pacific Railroad right-of-way to the center line of NW 21st Avenue; thence northeasterly along the center line of NW 21st Avenue extended to the harbor line; thence southerly along the harbor line to the center line of NW Everett Street extended; thence westerly along the center line of NW Everett Street to the center line of NW 4th Avenue; thence southerly along the center line of NW 4th Avenue to the center line of NW Davis Street; thence westerly along the center line of NW Davis Street to the center line of NW 19th Avenue; thence southerly along the center line of NW 19th Avenue to the center line of West Burnside Street; thence southeasterly along the center line of SW 19th Avenue extended to the center line of SW 18th Avenue; thence southwesterly along the center line of SW 18th Avenue to the center line of SW Salmon Street; thence easterly along SW Salmon Street to the center line of SW 13th Avenue; thence southerly along the center line of SW 13th Avenue to the point of beginning.

B. Fire Zone No. 2, West Side, shall include the area bounded at a line commencing at the intersection of the center line of NW 107th Avenue and the center line of the road known as NW 1st Street; thence northerly on the center line of NW 1st Street to the center line of NW St. Helens Road; thence northwesterly on the center line of NW St. Helens Road to a point on the southeasterly line of NW 112th Avenue; thence in a northeasterly direction along the south line of NW 112th Avenue to the west line of the Northern Pacific Railroad right-of-way to a point 300 feet southerly from the southeast corner of Block 65, Linnton Addition; thence at right angles southwesterly to the center line of NW St. Helens Road; thence northwesterly on the center line of NW St. Helens Road to the center line of the road known as NW 1st Street; thence northwesterly on the center line of NW 1st Street to the place of beginning. (See Appendix 2)

A. Fire Zone No. 2, East Side, shall be the area bounded by a line beginning at the point of intersection of the easterly harbor line of the Willamette River, and the center line of SE Market Street; thence easterly along the center line of SE Market Street to the center line of SE 12th Avenue; thence northerly along the center line of SE 12th Avenue to the center line of NE Davis Street; thence easterly along the center line of NE Davis Street to the center line of NE 16th Avenue; thence northerly along the center line of NE 16th Avenue to the center line of NE Multnomah Street; thence easterly along the center line of NE Multnomah Street to the center line of NE 21st Avenue; thence northerly along the center line of NE 21st Avenue to a point 100 feet north of the north line of NE Broadway; thence westerly, parallel with the north line of NE Broadway and N. Broadway, and 100 feet north of the north line of said NE Broadway and N. Broadway, to the center line of N. Flint Avenue; thence along the center line of N. Flint Avenue to the center line of N. Russell Street produced westerly to the easterly harbor line of the Willamette River; thence southerly along the easterly harbor line of the Willamette River to the place of beginning.

B. Fire Zone No. 2, East Side, shall include the area bounded by a line beginning at the northeast corner of Lot 10, Block 29, Rose City Park, an addition to the City of Portland; thence south on a line parallel with NE 45th Avenue along the north-south center line of the blocks, to the north line of NE Halsey Street; thence diagonally across NE Halsey Street to the northeast corner of Lot 3, Block 2, Belgrade Addition; thence west to the northeast corner of Lot 19, Block 2, Belgrade Addition; thence south along the north-south center line of the blocks parallel with the east line of NE 45th Avenue and NE 45th Avenue extended southerly to the southerly boundary of the Oregon-Washington Railway and Navigation Company right-of-way to the westerly side of NE Sandy Blvd.; thence northerly to the southwest corner of Block 9, Hancock Street Addition; thence north to the northwest corner of Lot 11, Block 8, Hancock Street Addition to the City of Portland; thence east along the north boundary of Lot 11, Block 8, Hancock Street Addition; Lot 8, Block 11, Hancock Street Addition, Lot 8, Block 41, Rossmere Addition and Lot 11, Block 40, Rossmere to the northeast corner of said Lot 11, Block 40, Rossmere Addition, parallel with the north line of NE Broadway; thence north along the north-south center line of the blocks, parallel

with the west line of NE 39th Avenue to the northwest corner of Lot 7, Block 25, Rossmere Addition; thence east along a line 100 feet north of and parallel with the north line of NE Tillamook Street, to the point of beginning.

C. Fire Zone No. 2, East Side, shall also include the area bounded by a line beginning at a point on the center line of N. Richmond Avenue if extended 100 feet north of the north line of N. Lombard Street; thence in a westerly direction along a line parallel with the north line of N. Lombard Street to the center line of N. Leavitt Avenue; thence in a northerly direction along the center line of N. Leavitt Avenue to the center line of N. Kellogg Street; thence in a westerly direction along the center line of N. Kellogg Street to the center line of N. Burlington Avenue; thence in a northwesterly direction along a line 200 feet northeast of, and parallel with, the northeast line of N. Lombard Street to the center line of N. Chicago Avenue; provided, however, that should N. Kellogg Street be extended, then the fire district shall extend to and along the center line of N. Kellogg Street from N. Burlington Avenue to N. Chicago Avenue; thence southwesterly along the center line of N. Chicago Avenue to a point 100 feet northeast of the northeast line of N. Lombard Street; thence in a northwesterly direction along a line 100 feet northeast of, and parallel to, the northeast line of N. Lombard Street to the center line of N. St. Louis Avenue; thence in a southwesterly direction along the center line of N. St. Louis Avenue to a point 100 feet southwesterly of the southwesterly line of N. Lombard Street; thence southwesterly along the center line of N. Alta Avenue to a point 100 feet southwesterly of the southwesterly line of N. Ivanhoe Street; thence in a southeasterly direction parallel with the southwest line of N. Ivanhoe Street to a point 100 feet southeasterly from the southeasterly line of N. Alta Avenue; thence in a southwesterly direction along a line 100 feet northwesterly from the northwesterly line of N. Philadelphia Avenue to the center line of N. Syracuse Street; thence in a southeasterly direction along the center line of N. Syracuse Street to a point 100 feet southeasterly from the easterly line of N. Burlington Avenue; thence in a northerly direction parallel with the easterly line of N. Burlington Avenue to a point 100 feet southwest of the southwest line of N. Ivanhoe Street; thence in a southeasterly direction parallel with the southwest line of N. Ivanhoe Street to the center line of N. Leavitt Avenue; thence in a northerly direction along the center line of N. Leavitt Avenue to the center line of N. Ivanhoe Street; thence in an easterly direction along the center line of N. Ivanhoe Street to the center line of N. Richmond Avenue; thence in a northerly direction along the center line of N. Richmond Avenue to the point of beginning. (See Appendix 3 & 4)

Fire Zone No. 2, East and West Sides, shall also include all space under any steel or wood bridge and all land abutting upon any such bridge for a distance of 100 feet on each side of the bridge. The approaches to any bridge, if constructed of either steel or wood, shall be included under the term “bridge.”

Fire Zone No. 3 shall include all portions of the City not heretofore included in any of the Fire Zones Numbers 1 or 2.

A. Regardless of other provisions in this Title, L.P. gas containers over 16 ounce water capacity shall not be located within Fire Zone No. 1 as defined in this Title, except when a permit has been obtained from the Fire Marshal as required in 31.40.030.

B. Above ground tanks for flammable liquids shall not be placed within lands zoned commercial or residential as defined in Title 33, Planning and Zoning Regulations.

31.70.080 Search, Seizure and Forfeiture of Conveyance in which Explosives, Blasting Agents, Ammunition or Fireworks are Transported in Violation of this Chapter.

A. This Chapter shall apply to the manufacture, possession, storage, sale, transportation and use of explosives, blasting agents, ammunition and fireworks.

B. Provisions of this Chapter shall be in addition to applicable federal and State laws.

A. The provisions of this Section shall be in addition to the permit requirements of Chapter 31.40.

B. Small arms ammunition in quantities of less than 10,000 rounds are exempt from permit requirements of Section 31.70.

A. Carriers shall immediately notify the Bureau of Fire when explosives, ammunition, blasting agents or fireworks are delivered within the City. Carriers delivering such cargo at a waterfront terminal shall also notify the harbor patrol of such delivery.

B. Carriers of explosives, ammunition, blasting agents or fireworks for delivery within the City shall immediately upon arrival at the destination notify the consignee or the consignee’s agent of the arrival of the cargo. The consignee or the consignee’s agent shall, within six hours after the arrival of the cargo in the City, move the cargo outside the City or to a storage facility within the City approved by the Fire Marshal. Upon a showing of extreme hardship and minimal risk of danger to life and property, the Fire Marshal may extend the 6-hour period.

C. If, after notification, the consignee or the consignee’s agent does not move the cargo as specified above and within the time specified above, the carrier shall so notify the Fire Marshal, who shall instruct the carrier as to the disposition of the cargo.

D. No explosives, ammunition, blasting agents or fireworks awaiting further shipment outside the City shall be held at a terminal within the City for more than 96 hours.

A. All explosives, blasting agents, fireworks and ammunition transported from land to water or from water to land are subject to regulation under applicable provisions of this Chapter and shall be subject to supervision by the Harbor Master with regard to loading, unloading and handling on any waterfront facility in the City.

B. The Harbor Master shall notify the Fire Marshal when any vessel having explosives, blasting agents, ammunition or fireworks on board enters the City limits.

C. Explosives, blasting agents, ammunition and fireworks shall be guarded by a responsible person during the time that they are held on any waterfront facility.

No permit for the storage and sale of ammunition in excess of 10,000 small arms cartridges shall be issued for any premises as follows:

A. Buildings which are occupied in any part as hotels, apartments, dwellings, schools, places of public amusement or assembly, excepting armories of the State and United States militia;

B. Buildings or places where the storage of ammunition together with materials being manufactured, stored or kept for sale would, in the opinion of the Fire Marshal, result in an unsafe condition.

A. It is unlawful to sell, keep or offer for sale, expose for sale, possess, use, explode or have exploded any fireworks within the City, except as specified by ORS 480.120.

B. Subject to the provisions of the State law contained in ORS 480.110 to 480.170, inclusive, the Fire Marshal may approve the public display of fireworks by properly qualified individuals under supervision of experts in handling of fireworks; and provided that such display shall be of such character, and so located and conducted, that in the opinion of the Fire Marshal such display shall not be hazardous to the surrounding property or endanger any person.

C. For the purpose of this Chapter, the Fire Marshal of the City is recognized as an ex-officio Deputy State Fire Marshal as provided by State statute.

D. Any public fireworks display shall require a permit as specified in Chapter 31.40, and no such permit shall be issued unless the permittee shall first file with the Auditor of the City an insurance policy or certificate in such amount as may be required by the Fire Marshal of the City.

E. All public fireworks displays shall be under the supervision and control of the Chief of the Bureau of Police and the Chief of the Bureau of Fire, acting by and through the Fire Marshal of the City.

F. The Fire Marshal shall confiscate, remove, or have removed at the owner’s expense, all stocks of fireworks or other combustibles exposed for sale or held in stock in violation of this Title, and may destroy same, when he finds such measures necessary for the preservation of the public safety.

G. Retail sales of fireworks allowed under ORS 480.127 are permitted from exterior stands only.

H. Any use of explosives shall require a permit and a fee paid as specified in Chapter 31.40 and no such permit shall be issued unless the permittee shall first file with the Auditor of the City, and insurance policy or certificate in such an amount as may be required by the City Engineer.

31.70.080 Search, Seizure and Forfeiture of Conveyance in Which Explosives, Blasting Agents, Ammunition or Fireworks are Transported in Violation of this Chapter.

A. If there is reasonable cause to believe that any explosives, blasting agents, ammunition or fireworks are being unlawfully transported or possessed in the City in violation of any provision of any federal, State or City statute, regulation, Code or ordinance, in any conveyance of any type, the Fire Marshal or his agents may stop, detain and search the conveyance in any reasonable manner to determine if any violation is occurring which presents an immediate hazard to the public safety of the City and its citizens. If the Fire Marshal or his agents find any such materials in or upon the conveyance, the Fire Marshal or his agents shall seize them and the conveyance in which they were found. The seized materials may be stored or destroyed, as the Fire Marshal determines necessary to protect the public safety of the City and its citizens. The owner of the seized materials shall be required to pay all expense incurred in seizing and forfeiting the materials and the conveyance.

B. Any conveyance used by or with the knowledge of the owner or person in charge thereof for the unlawful transportation or concealment of any explosives, blasting agents, ammunition or fireworks in violation of any federal, State or City statute, regulation, Code or ordinance, shall be forfeited to the City.

C. Any conveyance so seized shall be subject to the notice and hearing procedures established by Section 31.10.150 of this Code to determine if the seizure was made in compliance with the provisions of this Section. If so, the conveyance shall be forfeited to the City. The forfeited conveyance shall be disposed of by the City’s Purchasing Agent in accordance with Chapter 16.04.

D. No conveyance used in the transaction of business as a common carrier is subject to forfeiture pursuant to this Section unless the owner or other person in charge of the conveyance has knowledge of the unlawful use of the conveyance in violation of this Chapter.

A. “Aerosol” means any material which is dispensed from its container as a mist, spray, or foam by propellant under pressure.

B. “Blasting Agent” means any material or mixture consisting of a fuel and oxidizer intended for blasting, not otherwise classified as an explosive, in which none of the ingredients are classified as explosives, provided that the finished product as mixed and packaged for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined. Materials or mixtures classified as nitrocarbonitrates by the U. S. Department of Transportation regulations shall be included in this definition.

C. “Carcinogen” means any substance that causes the development of cancerous growths in living tissue. A chemical is considered to be carcinogen if:

1. It has been evaluated by the International Agency for Research on Cancer (IARC) and found to be a carcinogen or potential carcinogen; or

2. It is listed as a carcinogen or potential carcinogen in the latest edition of the Annual Report on Carcinogens published by the National Toxicology Program (NTP); or

3. It is regulated by the Occupational Safety and Health Administration (OSHA) as a carcinogen.

D. “Combustible Liquid” means any liquid having a flash point at or above 100^oF. Combustible liquids shall be subdivided as follows:

1. Class II liquids shall include those having flash points at or above 100^oF and below 140^oF.

2. Class III-A liquids shall include those having flash points at or above 140^oF and below 200^oF.

3. Class III-B liquids shall include those having flash points at or above 200^oF.

1. A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70°F; or

2. A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130°F regardless of the pressure at 70°F; or

3. A liquid having a vapor pressure exceeding 40 psi at 100° F as determined by U.F.C. Standard No. 9-5.

F. “Corrosive” means any chemical that causes visible destruction of, or irreversible alterations in living tissue by chemical action at the site of contact. A chemical is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described in the U.S. Department of Transportation in Appendix A to CFR 49 Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours. This term shall not refer to action on inanimate surfaces.

G. “Corrosive Liquid” means any liquid which, when in contact with living tissue, will cause destruction, or irreversible alteration of such tissue by chemical action. Examples include acid, alkaline, or caustic materials.

H. “Covered Employer” means any person operating a facility, including construction sites, which the Fire Marshal designates.

I. “Cryogenic Fluids” means those fluids having a normal boiling point below 150° F. (See Table No. 75.102-B of the Uniform Fire Code).

J. “Cutaneous Hazard” means a substance that dames or causes sensitization of the dermal layer of the body.

L. “Dust” means pulverized particles which, if mixed with air in the proper proportions, become explosive and may be ignited by a flame or spark or other source of ignition.

M. “Emergency” means: any manmade or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills of oil or other substances, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, sabotage or war.

N. “Emergency Response Personnel” includes all personnel providing emergency services at the scene of emergency incidents, resulting from the generation, storage, use or disposal of hazardous substances. Emergency response includes those activities necessary to prepare for and carry out any activity to prevent, minimize, respond to or recover from an emergency. Without limitation, these activities include coordination, preplanning, training, interagency liaison, fire fighting, hazardous substance management, law enforcement, medical, health and sanitation services, warning and public information, damage assessment, administration and fiscal management, and those measures defined as “civil defense” in Section 3 of the Act of January 12, 1951, Public law 81-920 (50 U.S.C. 2252).

O. “Entity” means any individual, trust, firm, association, corporation, partnership, joint stock company, joint venture, public or municipal corporation, commission, political subdivision, the state or any agency or commission thereof, interstate body, and the Federal Government and any agency thereof.

1. A chemical which causes a sudden, almost instantaneous release of pressure, gas and heat when subjected to sudden shock, pressure, or high temperatures; or

2. A material or chemical, other than a blasting agent, that is commonly used or intended to be used for the purpose of producing an explosive effect and is regulated by Article 77 of the Uniform Fire Code.

Q. “Eye Hazard” means a substance that causes damage to the eyes, except those that cause damage by mechanical means.

R. “Facility” means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by or under common control with such person.

S. “Fire Hazard” means any thing or act which increases or may cause an increase in the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire.

T. “Firework” means any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, Roman candles. Daygo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term “fireworks” shall not include auto flares, paper caps containing not in excess of an average of 23/100 of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps.

U. “Fissible Materials” means radioisotopes which may undergo a nuclear fission reaction and are usually found only at reactor sites or as part of a nuclear weapon.

V. “Flammable Anesthetic” means a compressed gas which is flammable and administered and shall include among others, cyclopropane, divinyl ether, ethyl chloride, ethyl ether and ethylene.

W. “Flammable Gas” means a gas which is flammable at a mixture of 13 percent or less (by volume) with air, or the flammable range with air is wider than 12 percent, regardless of the lower limit.

X. “Flammable Liquid” means any liquid having a flash point below 100° F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100° F. Flammable liquids shall be subdivided as follows:

1. Class 1-A shall include those having flash points below 73° F and having a boiling point at or above 100° F;

2. Class 1-B shall include those having flash points below 73° F and having a boiling point at or above 100° F;

3. Class 1-C shall include those having flash points at or above 73° F and below 100° F.

Y. “Flammable Solid” means a solid substance, other than one which is defined in Article 9 of the Uniform Fire Code as a blasting agent or explosive, that is liable to cause fire through friction or as a result of retained heat from manufacture, or which has an ignition temperature below 212^oF, or which burns so vigorously or persistently when ignited so as to create a serious hazard. Finely divided solid materials which when dispersed in air as a cloud may be ignited and cause an explosion are flammable solids.

Z. “Generally Hazardous” means hazardous substances which present a hazard to public health, welfare or safety or the environment.

1. Any substance or waste known to present a physical or health hazard to employees, emergency response personnel, or the public under normal conditions of use and/or during an emergency situation; or

2. Any hazardous chemical which is required to have a Material Safety Data Sheet pursuant to OAR Chapter 437, Division 155, the Hazard Communication rules of the Oregon Occupational Safety and Health Division of the Department of Insurance and Finance; or

5. Any substance or waste designated as hazardous by the Director of the Department of Insurance and Finance or the State Fire Marshal.

BB. “Hematopoietic Toxin” means a substance which damages or disrupts the blood system.

DD. “Highly Hazardous” means and is equivalent to very hazardous. See section (56) of this rule.

EE. “Highly Toxic Material” means a material which produces a lethal dose or lethal concentration which falls within any of the following categories:

1. A chemical that has a median lethal dose (LD₅₀) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each.

2. A chemical that has a median lethal dose (LD₅₀) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each.

3. A chemical that has a median lethal concentration (LC₅₀) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each.

4. Mixture of these materials with ordinary materials, such as water, may not warrant a classification of highly toxic. While this system is basically simple in application, any hazard evaluation which is required for the precise categorization of this type of material shall be performed by experienced, technically competent persons.

FF. “Hypergolic Materials” means any materials which are capable of igniting spontaneously upon contact with another substance.

GG. “Licensed Vehicle” means a motorized vehicle licensed by the State of Oregon for travel using its own power on public highways.

HH. “Liquefied Gas” means a gas that is received and stored as a liquid through the use of pressure and/or cryogenic conditions.

II. “Liquefied Petroleum Gas” means any material which is composed predominantly of the following hydrocarbon or mixtures of them; propane, propylene, butane (normal butane or isobutane) and butylenes.

JJ. “Material Safety Data Sheet” means written or printed material concerning a hazardous chemical which is prepared pursuant to rules OAR 437, Division 155, the Hazard Communication Rules of the Oregon OSHA Occupational Safety and Health Division of the Department of Insurance and Finance.

KK. “Minimally Hazardous” means hazardous substances which present little hazard to public health, welfare, safety or the environment.

LL. “Mutagen” means a substance that causes genetic (heritable) changes in the DNA of chromosomes.

NN. “Neurotoxin” means a substance that causes damage to the nervous system.

OO. “Non-hazardous” means a substance which presents no hazard to public health, welfare, safety or the environment.

PP. “Organic Peroxide” means an organic compound that contains the bivalent -0-0- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms have been replaced by an organic radical. Organic peroxides may present an explosion hazard (detonation or deflagration) or they may be shock sensitive. They may also decompose into various unstable compounds over an extended period of time.

QQ. “Oxidizer” means a chemical, other than a blasting agent or explosive as defined in Article 9 of the Uniform Fire Code, that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases.

RR. “Peroxide-Forming Chemical” means a chemical which, when exposed to air, will form explosive peroxides which are shock, pressure or heat sensitive.

1. Any entity including, but not limited to, an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state and any agency or commission thereof and the Federal Government and any agency thereof;

2. Any entity operating a facility that is included in one or more of the standard industrial classification categories identified by the State Fire Marshal under ORS 453.408(2).

TT. “Pesticide” means any substance or mixture of substances, including fungicides, intended for preventing, destroying, repelling or mitigating any pest and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. Products defined as drugs in the Federal Food, Drug and Cosmetic Act are exempt.

UU. “Poison” includes Class ‘A’ Poison, Class ‘B’ Poison, and Irritating Material as defined in 49 CFR, Part 173.326, 173.343 and 173.381 as published in the Bureau of Explosives Tariff No. BOE-6000, republished CFR 49, Parts 100-179, Department of Transportation.

VV. “Possess” or “Possession” means the physical possession of a hazardous substance within the state.

WW. “Pyrophoric” means a chemical that will spontaneously ignite in air at or below a temperature of 130° F. (54.4° C.).

XX. “Quantity Range(s)” means a range of values assigned for reporting the quantities of hazardous materials. It is equivalent to the term Reporting Range. See OAR 837-85-070.

YY. “Radioactive Material” means any material or combination of materials that spontaneously emits ionizing radiation.

ZZ. “Reactive Materials” means those materials which can enter into a hazardous chemical reaction with other stable or unstable materials.

AAA. “Registration Fee” means a Hazardous Substance Possession Fee assessed in lieu of that set by a fee schedule.

BBB. “Respiratory Hazard” means those materials which cause damage to the respiratory system.

CCC. “Sensitizer” means a chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical.

DDD. “Toxic Material” means a material which produces a lethal dose or a lethal concentration within any of the following categories:

1. A chemical or substance that has a median lethal dose (LD50) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each;

2. A chemical or substance that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 20 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each;

3. A chemical or substance that has a median lethal concentration (LC50) in air more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each.

EEE. “Unstable (reactive) Liquid” means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shock, pressure or temperature.

FFF. “Unstable Materials” means those materials, other than explosives, which in the pure state or as commercially produced will vigorously polymerize, decompose, condense or become self-reactive and undergo other violent chemical changes, including explosion, when exposed to heat, friction, shock, or in the absence of an inhibitor or in the presence of contaminants or in contact with non-compatible materials.

GGG. “Very Hazardous” means hazardous substances which present a significant hazard to public health, welfare or safety or the environment.

HHH. “Water-Reactive Materials” means materials which explode violently, react, produce flammable, toxic or other hazardous gases, or evolve enough heat to cause self-ignition or ignition of nearby combustibles upon exposure to water or moisture.

A. Hazardous substances shall be classified according to the hazard(s) they present.

B. Hazardous substances shall be classified as generally hazardous unless they meet the criteria for classification as minimally, very hazardous or are subject only to a registration fee.

C. For purposes of the Hazardous Substance Possession Fee, the most hazardous classification that can be assigned to a substance will be used.

D. A hazardous substance shall be classified as subject only to a registration fee if, under normal or reasonably expected conditions:

2. It has no other hazard that would classify it as a minimally, generally or very hazardous substance; or

E. A hazardous substance may be classified as minimally hazardous if, under normal or reasonably expected conditions:

1. It has a National Fire Protection Association (NFPA) 704 rating of 1 or less; and

2. It is not required to have either the signal words Danger or Warning on container Labels; and

3. It does not have a Threshold Limit Value (TLV), Permissible Exposure Limit (PEL) or Recommended Exposure (REL) less than 10 mg/m3 of total particulate, 5,000 ppm of gas or vapor or 10 fibers/cc; and

4. There has been not one reliable animal or human study showing that it is a hepatoxin nephrotoxin, neurotoxin, carcinogen, sensitizer, corrosive, hematopoietic toxin, respiratory hazard, reproductive toxin, mutagen, eye hazard, or cutaneous hazard; and

6. It is not an aerosol, blasting agent, combustible liquid, compressed gas, corrosive, corrosive liquid, cryogenic fluid, dust, explosive, fire hazard, fireworks, fissile materials, flammable anesthetic flammable gas, flammable liquefied gas, flammable liquid, flammable solid or metal, highly toxic material, highly toxic pesticide, hypergolic material, liquefied petroleum gas, natural gas, organic peroxide, oxidizer, peroxide, peroxide forming chemical, pesticide, pyrometric, radioactive material, reactive material, sensitizer, toxic material, unstable (reactive) liquid, unstable material or water-reactive material; or

F. A hazardous substance will be classified as very hazardous if, under normal or reasonably expected conditions:

1. It has a National Fire Protection Association (NFPA), 704 health and/or reactivity rating of 4; or

3. It is highly toxic material, human carcinogen, high explosive, highly combustible dust or metal, Class 4 oxidizer, Class 1 organic peroxide, pyrophoric, Class 4 unstable (reactive) material, Class 3 water-reactive material, radioactive material, hypergolic; or

G. The Office of State Fire Marshal shall make an initial hazard classification of hazardous substances. In the absence of information to support classification as minimally, very hazardous or subject only to a registration fee, each hazardous substance shall be classified as generally hazardous;

H. If a mixture of hazardous substances has been tested as a whole to determine its hazards, the results of such testing shall be used to determine the mixture’s hazard classification.

I. If a mixture of hazardous substances has not been tested as a whole to determine the mixture’s health hazards, the mixture shall be assumed to present the same health hazards as do the components which comprise one percent (by weight or volume) or greater of the mixture, except that the mixture shall be assumed to present a carcinogenic hazard if it contains a component in concentrations of 0.1 percent or greater which is considered to be a carcinogen.

J. If a mixture of hazardous substances has not been tested as a whole to determine whether the mixture is a physical hazard, the Office of State Fire Marshal may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture and its hazard classification.

K. If there is evidence to indicate that a component present in the mixture in concentrations of less than one percent (or in the case of carcinogens, less than 0.1 percent) could be released in concentrations which would exceed an established Permissible Exposure Limit, ACGIH Threshold Limit Value, or Recommended Exposure Limit, or could present a health hazard in those concentrations, the mixture shall be assumed to present the same hazard as the component.

A. Purpose. The purpose of Chapter 31.80 is to authorize the Fire Marshal to gather information relating to hazardous substances and materials manufactured, generated, used or stored within the city limits and collect sufficient funds to recover all costs associated with meeting the responsibilities mandated by “The Community Right to Know and Protection Act” of 1985-(ORS 453.307 to 453.372), and;

B. Scope. Persons with facilities covered by ORS 453.317 are subject to the requirements of Chapter 31.80.

C. The requirements of Chapter 31.80 are intended to meet the following requirements of ORS 453.402:

1. The revenue from the local hazardous substance fee will be used to meet the responsibilities mandated by “The Community Right to Know and Protection Act” of 1985 and to supplement and not duplicate the State Fire Marshal’s programs under ORS 453.307 to 453.414;

2. The local hazardous substance fee system is structured to be compatible with the fee schedule adopted under subsection (2)(a) of 453.402;

3. The local hazardous substance fee system will not raise moneys in excess of that needed to carry out the local government’s supplemental community right to know programs; and

4. The City will enter into a contract with the State Fire Marshal for billing and collection of the local hazardous substance fee.

5. The contract will establish the method of collection and distribution of the hazardous substance possession fee.

A. It shall be unlawful for any person, firm or corporation to generate, use or store hazardous substances or materials in excess of reportable quantities listed below without first submitting a Hazardous Substance survey form satisfactory to the Fire Marshal and, when required, pay a hazardous substance possession fee.

B. Coverage. Persons with facilities covered by ORS 453.317 shall be subject to a fee assessment for those hazardous substances classified as minimally generally, or very hazardous. Substances subject only to a registration fee as designated by OAR 837-90-1020 are exempt from a hazardous substance possession fee required by Chapter 31.80.

C. Each facility site shall have a separate fee assessed based upon the amounts and classification of hazardous substances possessed.

D. The assessment of a Hazardous Substance Possession Fee does not relieve any person from any other duty or responsibility imposed by law or rule.

E. The Hazardous Substance Possession Fee imposed by these rules is in addition to all other state, county, or municipal fees on hazardous substances.

A. Hazardous Substance Possession Fee payments are due by January 1 unless otherwise specified on the fee assessment statement.

B. Hazardous Substance Possession Fees shall be due retroactively to January 1 each year, for those persons who had been notified but failed to previously submit required complete and accurate Hazardous Substance Surveys.

C. In the absence of other data, current survey data will be used to assess the fee(s) for the previous year(s) when a firm was subject to the Hazardous Substance Survey and assessed fees.

D. Persons who fail to pay the assessed fee within 60 days of the due date shall be assessed a late penalty fee of five percent of the fee amount.

E. Persons who pay the assessed fee 60 days or more after the due date on the fee assessment statement shall be subject to payment of interest at the rate prescribed under ORS 305.220.

F. Persons subject to retroactive fee assessments shall be subject to payment of interest at the rate prescribed under ORS 305.220.

G. The Office of State Fire Marshal shall, for each year a fee is due, send a statement to each person subject to the fee indicating the amount of fee due and the due date.

H. The Office of State Fire Marshal may extend for good cause, up to one month, the due date for fee payment:

1. The extension may be granted at any time if a written request is filed with the State Fire Marshal within or prior to the period for which the extension may be granted;

2. If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, for each month, or fraction of a month, from the time the payment was originally due to the time payment is actually made, shall be added and paid.

I. If the person fails to pay the amount due, the State Fire Marshal may either:

2. Initiate a contested case hearing according to the applicable provisions of ORS 183.310 to 183.550.

J. Notwithstanding any provision of OARS 183.310 to 183.550 nothing in section I of this rule shall be considered to require the State Fire Marshal to conduct a contested case hearing as a prerequisite to bringing an action under subsection I 2 of this rule.

A. In addition to any other liability or penalty provided by law the Fire Marshal may impose a civil penalty in an amount not to exceed $500 per day or two times the fee that would otherwise have been collected, whichever is greater, for each day the violation continues to exist against any employer who, by a complete or partial failure to report hazardous substances, does not comply with the provisions of Chapter 31.80 Sections 31.80.010 to 31.80.050. Each reportable substance not reported shall be deemed a separate violation.

B. Any civil penalty imposed under Subsection A. of this Section shall become due and payable when the person incurring the penalty receives a notice in writing from the Fire Marshal. The notice referred to in this Subsection shall be sent by registered or certified mail and shall include:

1. A reference to the particular Sections of the Chapter or Code Section involved;

C. The City may bring an action to collect any penalty assessed by the Fire Marshal under this Chapter in any court or the State of Oregon for the county in which the person from whom the penalty is sought resides or in which such person’s principal place or business is located.

D. The owner or operator of a facility subject to this Section who is ordered to pay a civil penalty in accordance with this Section shall have the right to appeal the imposition of or amount of the penalty to the Fire Code Board of Appeals, as provided by Section 31.10.150 of this Code.

E. If a violation of this Chapter results in or contributes to any emergency including a fire, the business may be assessed the full cost of the emergency response as well as cleanup costs.

A. The Fire Marshal may conduct inspections of facilities owned or operated by covered employers to confirm the locations, types and quantities of hazardous materials.

B. The Fire Marshal may require that facilities owned or operated by covered employers furnish and display placarding as required under Uniform Fire Code Article 80.107 and 80.301 (d) -1991 edition indicating the hazard, flammability, and reactivity of hazardous materials manufactured, generated, stored, used or disposed of in reportable quantities.

C. The Fire Marshal may require that facilities owned or operated by covered employers furnish a site plan indicating the location of hazardous materials manufactured, generated, stored, used or disposed of in reportable quantities. Said site plans shall also contain emergency contact information and information indicating the location of drains, water supplies, capacities of containment and treatment systems, utility shut-off, and fire detection and protection systems.

D. The Fire Marshal may require that facilities owned or operated by covered employers maintain at specified on site locations, Material Safety Data Sheets (MSDS) and chemical inventories for all chemicals manufactured, stored, used or disposed of in reportable quantities.

A major responsibility of the Fire Bureau’s operations is fire prevention. One method employed to reduce the number of fires is to enforce the fire regulations. This can best be achieved through a building inspection program. Therefore, the purpose of this chapter is to establish an enhanced fire prevention inspection program for all properties subject to fire regulations. These do not include one and two family structures. The goal of the program is to reduce the number of deaths, injuries and property loss from fire, and, hence, to enhance the public health, safety and welfare.

The Fire Bureau has limited resources and staff. Therefore, a purpose of this chapter is to establish fees for certain inspections which will be used to supplement General Fund resources to provide an enhanced level of inspection service and to authorize the Fire Marshal to implement a program of fire safety reviews in low risk uses, to be conducted by persons approved by the Fire Bureau. Under certain circumstances the fire safety reviews will be accepted in lieu of fire inspections.

A. “Business Owner” means the person or entity legally responsible for the delivery of services or housing or the buying, selling, handling, manufacture or storage of commodities.

B. “Commercial Building” means any structure, tank or yard that is subject to regulation under applicable fire codes but does not include one and two-family residential structures. It includes occupancies on public and private property as well as on all other types of ownership.

C. “Occupancy” means the activity in a building or on property outside a building where services or housing are provided or commodities are bought, sold, handled, manufactured or stored. A single business entity with multiple uses or activities in a building as defined by the Uniform Building Code is considered one occupancy. For activities outside a building such as tank farms, moorage and outside storage all outside activities or storage are considered one occupancy. The definition includes individual businesses within a multiple occupancy commercial building but it does not include individual dwelling units within a multiple residential building.

D. “Periodic Inspection” means an inspection performed on a periodic frequency by a member of the Fire Prevention Division for the purpose of determining that the entire occupancy is in compliance with the requirements of fire regulations. A periodic inspection is also known as a regular inspection by the Fire Bureau. It does not include specific requests for inspection.

E. “Certificate of Inspection” means a document issued by the Fire Marshal for the purpose of certifying that all violations of the fire regulations identified by the inspection have been corrected.

F. “Fire Safety Review” means a review of an occupancy for common fire hazards performed by a person chosen by the business owner and approved by the Fire Marshal.

G. “Fire Regulations” means the statutes and administrative rules adopted by the State of Oregon and the City Code adopted by the Council and the policies adopted under the authority granted under this Chapter to the Fire Marshal which are for the purpose of safeguarding life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises.

A. The Fire Bureau shall establish a program for the inspection of all occupancies of commercial buildings for compliance with the fire regulations. The Fire Marshal may establish a program having two levels of inspection: a periodic inspection and a fire safety review.

B. The Fire Marshal shall adopt a policy regarding the frequency, priority, and type of inspection of occupancies in commercial buildings based on the degree of risk to life safety, history of violations, characteristics of the use, and the availability of budgeted funds and staff.

C. The Fire Marshal may establish a Fire Safety Review program which authorizes qualified persons other than Fire Bureau personnel to review certain occupancies for common fire hazards. The Fire Marshal shall adopt policies for the implementation of the Fire Safety Review program. Occupancies authorized for a Fire Safety Review inspected as part of this program shall be deemed to be low risk to life safety, and have a history of few violations. The Fire Marshal shall adopt a policy which identifies the approval criteria for the review, the schedule for review and qualifications for the individuals selected by the business owner to make the review. The Fire Marshal may charge a fee for training of approved individuals.

D. The Fire Marshal shall establish procedures for periodic inspection. Prior to a periodic inspection, each occupancy shall be mailed a letter by first class mail, giving notice of the inspection and listing the most commonly found code violations. The occupant will be asked to correct these violations if any are found by the occupant prior to the inspection. Failure to correct these types of violations shall result in an additional fee for each class of violation, as set forth in PCC 31.90.090 B 2.

A. Each occupancy in a commercial building shall have a valid Certificate of Inspection in accordance with a schedule established by the Fire Marshal. A separate Certificate of Inspection is required for spaces that are used in common by more than one occupant.

B. The Fire Marshal shall issue a Certificate of Inspection upon a finding that the occupancy satisfies the fire regulations in the case of a periodic or requested inspection or the fire safety review criteria adopted by the Fire Marshal in the case of a fire safety review.

C. In the event the inspection reveals a violation of the fire regulations or fire safety review criteria, the Fire Marshal shall prescribe the date by which all violations shall be abated.

D. The Fire Marshal may order an inspection or reinspection at any time there is reason to believe there is a violation, and if a violation is found, the Certificate of Inspection may be revoked.

E. The Certificate of Inspection shall be valid until a subsequent inspection or review or until it is revoked.

F. The Certificate of Inspection shall be kept on the premises at all times and be available for review by Fire Bureau personnel or other authorized City personnel.

3. A description of the existing use(s) by Uniform Building Code classification and a description of that portion of the building for which the certificate is issued.

4. A statement that the described occupancy complies with the applicable regulations and policies.

H. The issuance of a Certificate of Inspection does not suspend the applicability of any fire regulations.

I. The Certificate of Inspection is issued to the business owner for the existing use at the location specified in the Certificate. It is not transferable.

A. Any change of use from the Building Code classification recorded on the Certificate of Inspection or addition of uses outside the approved Uniform Building Code classification in an existing occupancy shall invalidate the Certificate of Inspection. A new inspection shall be required.

B. The Fire Marshal shall be authorized to issue a notice of revocation of a Certificate of Inspection upon a finding that:

1. The Certificate is being used at a location other than that for which it was issued;

2. The Certificate is being used for uses which are new or in addition to the existing approved use and which are in a different Uniform Building Code classification than the uses approved under the current Certificate of Inspection;

4. There has been a false statement or misrepresentation of a material fact on which the certificate was issued.

C. The Fire Marshal shall give notice to the business owner that the Certificate shall be revoked and the basis for the revocation and shall advise the business owner that the revocation shall be effective 30 days from the date of the mailing of the notice unless the business owner appeals the decision of the Fire Marshal to the Fire Code Appeals Board as provided by PCC 31.90.070. If an appeal is filed, the revocation shall be suspended until the decision of the Fire Code Appeals Board.

A. There shall be an inspection fee applicable to all periodic inspections and inspections requested by the owner, and a fire safety review processing fee when a fire safety review is allowed to be submitted by the business owner in place of a periodic inspection. Inspections of primary and secondary schools and nonprofit hospitals shall be exempt from all fees except illegal occupancy, violation and reinspection fees listed in PCC 31.90.090 B. The fees are set forth in PCC 31.90.090. The fees shall be paid to the City Treasurer within 30 days of the mailing of the billing notice and shall be considered delinquent after that date. The billing shall state where the fee is to be mailed.

B. A fee may be paid in installments upon a showing that payment in a lump sum would cause an undue hardship. An application to request installment payments shall be filed with the Fire Prevention Division on forms provided by the Division, upon request. The application shall state the reasons for the undue hardship. The application may be approved or denied based on the findings of the Fire Marshal. Installment payments shall be paid within 30 days of the mailing of the bill.

C. The building owner will be billed in situations where the business owner shows the Fire Marshal a lease agreement or some other legal arrangement with the building owner which places the responsibility for fire inspection and the payment of fees on the building owner.

D. Failure to pay the fee within 30 days of mailing the bill as required by 31.90.060 A or failure to pay an installment payment within 30 days of the mailing of the bill under 31.90.060 B shall subject the responsible person or business entity to an action by the City in a court having jurisdiction over the matter. The unpaid balance shall be subject to a nine percent per year interest rate.

An appeal may be filed with the Fire Code Board of Appeals as set forth in PCC 31.10.150. In addition to the bases for appeal set forth in PCC 31.10.150 E, a business owner or building owner may appeal a decision by the Fire Marshal to revoke a Certificate of Inspection.

Violations which are not remedied within the time provided by the Fire Marshal shall be treated in the manner provided by the City fire regulations for violations of the fire regulations.

A. The basic inspection fee for each occupancy shall be $35.00. In addition, the following fees will be charged for habitable structures except as provided in PCC 31.90.090 A 4a. The fees are based on the NFPA 901 Code Classification System except where otherwise noted.

a. The special situation fees shall be in addition to the fees listed above. The fees are based on the definitions in the State of Oregon Structural Specialty Code.

b. Hazardous Occupancy Fee. Occupancies in class H-4 will pay an additional $10.00 fee and in all other H classes there will be an additional fee of $100.00.

c. Assembly Occupancy Fee. An additional fee of $25.00 shall be charged where there is an assembly area in conjunction with the use.

a. In situations where a given business occupies more than one building or area and each is located on the same site, the fee for the site shall be the largest fee for an individual occupancy plus $30.00 for each additional occupancy.

1. A fee of $50.00 will be charged for each illegal occupancy. An illegal occupancy is one that has not been approved by the Bureau of Buildings or identified on the Certificate of Inspection.

2. Prior to a periodic inspection, the Bureau will mail a letter to the occupant which lists the most commonly found violations. The occupant will be asked to correct any of these commonly found violations before the inspection. If during the periodic inspection, the fire inspector finds a violation on the list of commonly found violations, there will be a $10.00 charge for each class of violation.

3. The following reinspection fees will be charged. The charge is for the purpose of determining whether the violations have been corrected.

b. Second reinspection visit is $100.00 plus $10.00 per unmitigated violation class.

c. The third and each subsequent reinspection shall be $200.00 plus $10.00 per unmitigated violation class.

C. Fire Safety Review Fee. When a business owner submits the results of a Fire Safety Review authorized and completed in accordance with policies adopted by the Fire Marshal and PCC 31.90.030 C and PCC 31.90.060 a processing fee of $20.00 for each occupancy shall be paid prior to a Certificate of Inspections being issued.

D. Fire Review Training Program. Pursuant to PCC 31.90.030 C, the fee for training persons under the Fire Safety Review Program shall be $20.00.