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31.30.040 Permits and Fees Required.

(Amended by Ordinance Nos. 181956 and 187748, effective June 17, 2016.)

A.  It is unlawful for any person or entity to construct, install, alter, repair, move, demolish or change any fire protection system or equipment, or construct, install, alter, repair, move, demolish or change any equipment, piping or storage container used for flammable or combustible liquids, flammable gases or hazardous materials, for which a permit is required in this Title, without first obtaining such permit from the Fire Marshal.   In instances where laws or regulations are enforced by other agencies, joint approval shall be obtained.

B.  All permits issued under this Title 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 Title and any other federal and State laws and City regulations, and other design guidelines as adopted by City Council that apply, whether specified or not, and in complete accordance with the approved plans and specifications.

C.  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.

D.  Work or activity without a Permit.  Whenever any work for which a permit is required by this Title has commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.  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.  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.

E.  Work and Equipment Requiring Permits.  Except for one and two-family dwellings, unless otherwise specified, permits and associated fees are required:

1.  To install, alter, repair or remove,

a.  Automatic sprinkler systems and standpipes or equipment pertaining thereto

b.  Fixed extinguishing systems or related equipment

c.  Fire alarm systems or equipment pertaining thereto

d.  Pre-manufactured paint spray booths or related equipment

e.  Private fire hydrants or related piping or devices

f.  Liquefied natural gases (LNG), liquefied petroleum gases (LPG) or compressed natural gas (CNG) of 100 gallon water capacity or more

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

3.  To install, alter or remove tanks and related equipment used for storage, handling, transport or use of flammable or combustible liquids or hazardous materials as defined in the Fire Code.

a.  Exception:  Fuel supply for portable generators outside of buildings, limited to 60 days on a single premises during a 12 month period.

4.  To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of any equipment or piping in connection with the manufacture, storage, handling, use or sale of flammable or combustible liquids or hazardous materials.

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

6.  Heating Oil Tank Decommissioning.  When requested by an owner for the purposes of documenting the decommissioning of a commercial or a one or two-family residential underground heating oil storage tank, a permit may be issued and an inspection made after payment of a fee in the amount specified in adopted Fee Schedule.

7.  To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of any stationary tank, equipment or piping containing liquefied petroleum gas (LPG) in one and two family dwellings.

F.  Permit Applications.

1.  Applications for permits shall be made by the owner or authorized agent to the Fire Prevention Division in such form and detail as prescribed by the Fire Bureau.  The application shall be accompanied by:

a.  Sufficient plans, specifications, and engineering data to verify 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 additional information including all submittals to be prepared by an architect or engineer registered in the State of Oregon.

b.  Payment as set forth in Fee Schedule adopted by City Council.

c.  Exception:  When the installation of a fire protection system is not required but is voluntarily installed, but not as an alternative to another requirement, the fees specified in the Fee Schedule shall be reduced by 50%.

2.  Any permit issued under this Title shall be personal to the party for whom it has been issued. 

G.  Voiding, Revocation or Suspension of Permit.

1.  Any permit that 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.

2.  After an administrative hearing by the Fire Marshal, any such permit may be suspended or revoked under the following conditions:

a.  It is transferred or assigned to a party other than the party to whom the permit was issued;

b.  It is used for a location other than that for which it was issued;

c.  Approved plans, 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 days of permit issuance;

g.  Work, once commenced, has not progressed for a period of 90 days.

h.  Payment for the permit has been returned or refused by the paying agent.

3.  Any permit may be suspended for up to three business days without a hearing if the Fire Marshal finds that a fire hazard 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.

4.  A permittee whose permit has been revoked or suspended may appeal the action as provided in this Title.  The permit shall remain valid, pending the decision of the Board of Appeals.

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