“Apparatus cost” means the standardized cost, including repairs and depreciation, for the use of McMinnville fire department’s apparatus and/or equipment, as set forth in adopted regulations of the State Fire Marshal or in city resolution, and the cost for the use of apparatus or equipment of another jurisdiction which may respond to an incident pursuant to statute or intergovernmental agreement.

“Department of Fire Prevention,” as used in the Oregon Fire Code, means “Fire and Life Safety Division.”

“Direct costs” means those costs of supplies, apparatus and labor incurred by the city or another jurisdiction in responding to an incident and as may be set forth in adopted regulations of the State Fire Marshal or in city resolution.

“Direct fire or rescue services” means any service provided by employees of the city: (1) to a person whose person or property is injured or threatened with injury; or (2) to a person whose property has injured or threatens to injure another person or another person’s property, for which a charge is not otherwise imposed under this code. “Direct fire or rescue services” includes, but is not limited to, the suppression of fires, the rescue of persons or property, the provision of medical assistance, and containment and cleanup of hazardous materials.

“Fire code official,” as used in the Oregon Fire Code, means the Fire Marshal or designee.

“General costs” means direct or indirect costs that are not attributable to any particular person who received direct fire or rescue services.

“Gross negligence” means conduct with conscious indifference to or reckless disregard of the rights of others.

“Indirect costs” means those costs that are set forth in adopted regulations of the State Fire Marshal or in city resolution, and which are the product of the state “average response availability rate” and the time spent responding to an incident, together with the state “average support services cost per incident,” as defined by the State Fire Marshal.

“Jurisdiction,” as used in the Oregon Fire Code, means the city of McMinnville (“McMinnville”).

“Labor costs” means the compensation paid by the city to its employees, including but not limited to base pay, overtime pay and fringe benefits, during the time spent responding to an incident.

“Railroad right-of-way” means a right-of-way used for rail transportation.

“Transportation route” means a roadway or waterway against which no taxes or assessments for fire protection are levied by the city. (Ord. 5093 §1 (Exh. A (part)), 2020).