City of Lake Oswego, OR Fire Prevention Code

[Ord. No. 2412, Add, 2-15-2005]

The City Council may establish, and from time-to-time may amend, fees to cover the City’s costs of administering these standards and inspecting premises for compliance.

§ 15.06.610 Oregon Fire Code Adopted.

[Ord. No. 1080, 9-21-1965; Ord. No. 1598, 11-4-1975; Ord. No. 1877, 2-7-1984; Ord. No. 1918, 5-21-1985; Ord. No. 2029, 4-2-1991; Ord. No. 2080, Amended, 9-21-1993; Ord. No. 2134, Amended, 6-4-1996; Ord. No. 2185, Amended, 3-2-1999; Ord. No. 2264, Amended, 9-5-2000; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2328, Amended, 8-6-2002; Ord. No. 2335, Amended, 11-19-2002; Ord. No. 2390, Amended, 7-20-2004; Ord. No. 2412, Amended, 2-15-2005; Ord. No. 2429, Amended, 9-6-2005; Editorial update, Amended, 1-10-2011, Oregon Fire Code reference sections, LOC § 15.06.610(1)(a), (b), (2) and (3); Ord. No. 2579, Amended, 3-20-2012; Ord. No. 2617, Amended, 6-4-2013; Ord. No. 2649, Amended, 7-29-2014; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2811, Amended, 1-2-2019; Ord. No. 2838, Amended, 1-7-2020; Ord. No. 2917, Amended, 12-20-2022]

There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion the 2022 Oregon Fire Code (as adopted by OAR 837-040). Such code is enacted and adopted in whole by this reference as though set forth at length except such portions as are hereinafter deleted, modified or amended by this section.

The geographic limits referred to in certain sections of the Oregon Fire Code are hereby established for the City of Lake Oswego as follows:

Section 5704.2.9.6.1: residential zones (including areas with split zones which include residential zones).

Section 6104.2: residential zones (including areas with split zones which include residential zones).

The City of Lake Oswego hereby adopts Sections 105.5.1 through 105.5.52 and 105.5A through 105.5E of the Oregon Fire Code.

Section 503.2.1 is amended to read as follows:

Dimensions. Fire apparatus access roads shall have an unobstructed width and uniform surface of not less than 15 feet one way, 20 feet if two way and a vertical clearance of 13'6", unless an exception is approved by the City Engineer and Fire Chief. Private roads or public streets where landscaping islands are used shall be considered one way each direction at the island.

Exceptions – Single-family dwellings on lots:

Driveway serving one lot: a 12 ft. paved driveway surface, with a 1.5 ft. shoulder on each side, is permitted.

Minimum dimensions for an access lane serving 2 – 3 lots: a 12 ft. paved access lane surface, with a 4 ft. shoulder on each side, is permitted if the habitable structures on all lots provide an alternative suitable method of fire suppression, i.e., automatic fire sprinkler systems, approved by the Fire Marshal.

Note: No parking is permitted on fire apparatus access roads that have a width less than 26 feet wide.

Section 605.4 is amended to add, as additional subsections, the following:

Subsection 605.4.1.3 Storage may be permitted in residential zones subject to the following requirements:

Subsection 605.4.1.4. Screening. Above ground tanks are to be surrounded by fences, walls, or plant materials that are sufficient to fully screen their appearance from neighboring properties. If plant materials are used to provide the screening, they shall meet the requirements of Section 50.06.004.1.c of the Community Development Code.

Subsection 605.4.1.5. Setbacks. All structures supporting tanks shall be located a minimum of five (5) feet from any property line. For tanks larger than 275 gallons, the minimum setback shall be increased to ten feet. Additional setbacks shall be as specified in the Oregon Fire Code.

Subsection 605.4.1.6. Tank Requirements. All above ground tanks shall display a sticker indicating acceptance by Underwriters Laboratories or a comparable organization (e.g., ASME or Factory Mutual). Tanks shall be double-walled or shall otherwise provide containment for leaks. Tanks must be manufactured, installed, and maintained in compliance with the manufacturer’s instructions, NFPA Standard 31 (Installation of Oil Burning Equipment), and be approved by the Fire Chief.

Subsection 605.4.1.7. Clean-up. The property owner shall bear the responsibility for the prompt and thorough clean-up and proper disposal of any fuel oil that is spilled on or around any tank, whether the tank is located under ground or above ground.

Subsection 605.4.1.8. Closed System. Above ground tanks shall be closed systems, fueling only oil-fired appliances. All other distributions of fuel from such tanks shall be unlawful.

A new Section 5601.1.1.1 is added to Oregon Fire Code Chapter 56 as follows:

5601.1.1.1 Storage of Explosives. Overnight storage of any quantity of explosives or blasting agents is prohibited within the boundaries of the City.

Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Oregon Fire Code Section 5606.

§ 15.06.611 (Reserved)

[Repealed by Ord. No. 2134, 6-4-1996]

§ 15.06.612 Fire Apparatus Access/Gates.

[Ord. No. 2080, Enacted, 9-21-1993; Ord. No. 2119, Amended, 7-5-1995]

After the effective date of this provision, gates blocking or restricting vehicular access shall not be installed on private streets, fire lanes or private driveways serving three or more dwelling units. Gates installed prior to the effective date of this provision may continue in existence, but shall be made operable by opticom or equivalent electronic device that is compatible with existing Lake Oswego Fire Department Equipment at such time that the gates are substantially modified or reconstructed, or additional development renders the property served by the gates subject to this section.

§ 15.06.613 Retail Sales of Fireworks.

[Ord. No. 2412, Added, 2-15-2005]

Retail sales of Oregon approved fireworks shall be limited to those areas zoned east end commercial, neighborhood commercial and general commercial. Sales are prohibited at any service station or other site where flammable liquids are sold or dispersed regardless of zone. Sales may occur within a permanent structure only after receiving the prior written permission of the City. (Note: dates permitted for sale of fire-works is governed by state law.)

Temporary stands for the sale of fireworks may be constructed no earlier than midnight June 19 of the year in which sales are to occur and must be removed no later than midnight July 10 of the same year.

Prior to the construction of a stand or the sale of fireworks a permit must be issued for such activity. The requested use shall comply with the standards required by the setback and vision clearance requirements of LOC Chapter 50.

§ 15.06.614 Illegal Fireworks Prohibited.

[Ord. No. 2621, Added, 5-21-2013]

Unless otherwise permitted by the terms of ORS 480.120 to 480.124, it is unlawful for any person to sell, offer for sale, expose for sale, possess, use, explode or have exploded any fireworks.

As used in subsection (1) of this section, the term “fireworks” shall mean as defined in ORS 480.111.

Violation of subsection (1) of this section shall be a civil violation as defined by LOC § 34.04.105, enforceable pursuant to LOC Article 34.04, with a maximum fine not to exceed the maximum civil penalty amount established in ORS 480.165.

§ 15.06.615 (Reserved)

[Repealed by Ord. No. 2134, 6-4-1996]

§ 15.06.616 Temporary Prohibition of Use and Sales of Fireworks, and Causing or Permitting Open Burning, Outdoor Open Flames, Outdoor Sparks or Outdoor Smoking During Extreme Fire Risk.

[Ord. No. 2870, Added, 5-4-2021]

Purpose: To reduce the risk of loss of life and damage to property and to the urban tree canopy from fire during periods of extreme fire risk in the Lake Oswego area.

Definitions:

Fire Chief/Fire Marshal: the appointed Fire Chief and Fire Marshal of the City of Lake Oswego.

Fireworks: "fireworks" as defined in ORS 480.111(7).

Person: individual or a business entity; for the purpose of this definition, "business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity.

Seller: any person that sells, or offers for sale, or exposes for sale fireworks within the City of Lake Oswego for retail or wholesale purposes, including persons required to obtain permits for fireworks sales or permits under ORS 480.150.

Analysis of Fire Danger; Authority to Issue Order.

The Fire Chief or Fire Marshal shall, at such times as deemed appropriate for fire risk, use reasonably available sources of information, e.g., National Weather Service and Oregon Department of Forestry District 13 reporting and modeling based on the National Fire Danger Rating (NFDR) System, to make a judgment based on forecasted temperature, wind, relative humidity, fuel loads, and topography of current or predicted conditions as to the level of fire danger within the City, including external fire sources and the risk of fire ignition and spread from any source within the City.

If, in the Fire Chief’s or Fire Marshal’s judgment, the fire risk is extreme under the NFDR classification (fires start quickly, spread furiously, and burn intensely; all fires are potentially serious), the Fire Chief or Fire Marshal is authorized to issue an order under subsection (4) of this section temporarily prohibiting some or all of the following:

The use and sale of fireworks;

ii.

Any open burning, including, but not limited to, bonfires, recreational fires, and outdoor fireplaces;

iii.

Any outdoor open flames, including:

Open flame cooking devices, e.g., charcoal, gas and propane grills, and camp stoves;

Candles and lanterns;

Outdoor heaters;

Torches of any kind, including decorative torches and torches used for construction and manufacturing (e.g., welding equipment); and

Lighters or matches;

iv.

Outdoor smoking;

Use of powered yard maintenance and construction equipment that creates sparks, including, but not limited to, lawnmowers, chainsaws, blowers and weed whackers;

vi.

Use of any device that causes an outdoor spark or flame, as outlined in the 2019 Oregon Fire Code.

Temporary Prohibition of the Use and Sale of Fireworks.

Upon issuance of a written order by the Fire Chief or the Fire Marshal pursuant to this section, no person shall, as relevant to the prohibition under subsection (3)(b) of this section:

Sell, or offer for sale, expose for sale, use, explode or have exploded fireworks;

ii.

Cause, permit or suffer any open burning;

iii.

Cause, permit or suffer any outdoor open flames;

iv.

Cause, permit or suffer outdoor smoking;

Cause, permit or suffer use of powered yard maintenance and construction equipment that creates sparks;

vi.

Cause, permit or suffer use of any device that causes an outdoor spark or flames, as outlined in the 2019 Oregon Fire Code, within Lake Oswego during the period of time stated in the order, except either in accordance with the terms of the order or the person has been issued a written exemption by the Fire Chief or Fire Marshal and the person’s use conforms to the terms of the exemption.

The order shall:

If less than the entirety of the area within the City boundaries is to be subject to the order, identify the area(s) that are subject to the order;

ii.

If the prohibition is to be less than 24 hours a day, state the time period prohibited by the order;

iii.

If the prohibition is to apply to only certain classifications of fireworks, identify the classifications of fireworks subject to the order;

iv.

If the prohibition is to apply to only certain types of activities under subsection (4)(a) of this section, identify the prohibited activities; and

Identify those persons who, without a written exemption issued by the Fire Chief or Fire Marshal, are exempt from the order. Unless specifically stated in the order, the order supersedes any previously issued general permit, such as a permit to sell fireworks, to conduct open burning, to perform landscaping or construction work, or to use a device that may cause an outdoor spark or flame.

The Fire Chief or Fire Marshal may issue written exceptions to persons that, in the Fire Chief’s or Fire Marshal’s determination, the person will conduct sales or use of fireworks, or conduct other activities prohibited by the order in a manner that will meet the purposes of this section and will not likely cause other persons to reasonably believe that the order is terminated.

The order may be revised, extended or terminated in the same manner as its issuance.

Notice of Order. The Fire Chief or Fire Marshal issuing the order shall cause notice of the order to be given to the public and sellers by:

Posting a copy of the order in a place visible in each fire station of the City, City Hall, and Library;

For orders that prohibit the sale or use of fireworks, mailing to each seller that has a permit from the Fire Chief for the retail sale of consumer fireworks, as defined by ORS 480.111, at such mailing address provided on the seller’s application to sell consumer fireworks. The Fire Chief may, in lieu of mailing, either:

Email a copy of the order to the seller’s email address on the seller’s application to sell consumer fireworks, or to such other electronic mail delivery that is reasonably calculated to notify the seller; or

ii.

Personal delivery of a copy of the order to a person that is apparently in charge of the sale of consumer fireworks at the seller’s locations approved for the sale of consumer fireworks.

For orders that prohibit the use of powered yard maintenance and construction equipment, mailing to each person that has a City business license for such business, at such mailing address provided on the business license application. The Fire Chief may, in lieu of mailing, either:

Email a copy of the order to the business permit licensee’s email address on the business license application, or to such other electronic mail delivery that is reasonably calculated to notify the business permit licensee; or

ii.

Personal delivery of a copy of the order to a person that is apparently in charge of the business at the business license’s business location(s).

Such other means as the Fire Chief or Fire Marshal may find provides public notice, e.g., to the local media, City website, local school district.

Penalties. A violation of any provision of subsection (4) of this section is a civil violation and shall be enforced pursuant to the provisions of LOC §§ 34.04.101 to 34.04.145, and subject to the maximum fine as provided by LOC § 13.02.020. Each sale or use of a firework shall constitute a separate violation.

§ 15.06.620 Definitions.