(A) It is unlawful for any person or entity to use a building or premises or to engage in any activities for which a permit is required in division (J) below without first obtaining such permit from the Fire Marshal.
(B) Applications for permits shall be made to the Fire Marshal in such form and detail as prescribed by the Fire Department.
(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:
(1) 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; and
(2) 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.
(F) A permit issued under this subchapter 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 subchapter shall be presumed to contain the provision that the applicant or the applicant’s agents shall carry out the proposed activity in compliance with all the requirements of this subchapter 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 subchapter 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.
(H) Revocation of permits:
(1) Any permit issued under this subchapter may be suspended or revoked under the following conditions, when it is determined after an administrative hearing by the Fire Marshal that:
(a) It is used by a person other than the person to whom the permit was issued;
(b) It is used for a location other than that for which it was issued;
(c) Approved plans or 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 subchapter;
(e) The permitted work was initiated without the owner’s or other governmental agency’s consent; and
(f) Work has not begun within 180 days 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 three 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. The permittee shall be given notice of the precise violations.
(I) Inspections.
(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, e-mail 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 subchapter to promptly comply with the written notice of corrections required by the Fire Marshal as a condition of the permit. A fee as set by resolution shall be charged for re-inspections 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 or her 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.
(J) Permits are required for the following equipment and work:
(1) Fire alarm system:
(a) To install, alter, repair or remove any fire alarm system or equipment pertaining thereto; and
(b) Any fire alarm system that is installed must have a Fire Marshal approved key box that is accessible to Fire Department personnel in the event of a call for service.
(2) Fire hydrant, private. To install, alter, repair or remove any private fire hydrant or related piping or devices;
(3) An annual permit is required for the following:
(a) Public assembly (as defined in the Oregon Fire Code). 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 exit ways 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 when, as determined by the Fire Marshal, the applicant fails to provide the necessary specifications and plan detail; and
(b) Burning permits are required for all fires that are intentionally ignited within the city limits, including, but not limited to, burn barrels, piles and campfires outside of designated fire pits within designated campsites.
1. Fees for burning permits and rules for burning with a burning permit are to be established by resolution.
2. If a fire ignited either with or without a burning permit escapes the control of the person responsible for that fire, that person, or his or her parent or legal guardian if he or she is under the age of 18, shall be entirely liable for all costs of extinguishing that fire, for all damage done by that fire and for all penalties and fees incurred.
(4) A temporary permit is required for the following activities:
(a) 1. Festivals, celebrations or special events of a temporary nature meeting one or more of the following criteria and held in a portion or portions of a building, structure or enclosed area not approved with the certificate of occupancy for the proposed use.
2. Criteria requiring a temporary permit:
a. Occupant load of 500 or more people as calculated by the Fire Marshal;
b. Gatherings of 50 or more people for the purpose of entertainment in structures not approved for assembly use; or
c. Use of outside tents or membrane structures with sides, where 50 or more people may attend.
3. Applications for the permit and sufficient plans shall be submitted for approval not less than two weeks 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 this division (J). An approved set of plans and the permit shall be kept at the event site.
(b) Display of two or more motorized vehicles in an indoor or enclosed public assembly; and
(c) Vending carts with portable cooking equipment.
(5) 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 division (J)(4) above for a special event.
(a) In addition to any other liability or penalty provided by law, the Fire Marshal or his or her assistants may impose a civil penalty against any person, firm or corporation who violates division (J)(4) above, per day for each day the violation continues.
(b) Upon having probable cause to believe that a violation of division (J)(4) above has occurred, the Fire Marshal or his or her assistants may issue a citation delivered in person or by registered or certified mail, which shall include:
1. A reference to the particular chapter section involved;
2. A short and plain statement explaining how the chapter section is violated;
3. A statement of the amount of the applicable penalty or penalties stated in the chapter; and
4. A statement of the right of the person to request a hearing.
(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 penalty.
(d) The city may bring an action to collect any penalty assessed by a Fire Department member in any court of the state 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.
(Ord. 382, passed 12-12-2005) Penalty, see § 91.999