Ordinance 1616ORDINANCE NO. /4 16
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING
A FIRE PREVENTION CODE FOR THE CITY OF EDMONDS, WASHINGTON,
PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS
TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING
FOR PERMITS AND PERMIT FEES, ESTABLISHING A BUREAU OF
FIRE PREVENTION, PROVIDING OFFICERS THEREFOR, DEFINING
THEIR POWERS AND DUTIES, ESTABLISHING STORAGE LIMITS,
PROVIDING FOR MODIFICATIONS AND APPEALS, PROVIDING FOR
VIOLATIONS OF SAID CODE, REPEALING CHAPTER 10.04 OF THE
EDMONDS CITY CODE AND ORDINANCE NO. 1123.
WHEREAS, the City of Edmonds, Washington, has by Chapter 10.04
of the Edmonds City Code (Ordinance No. 1123) adopted a Fire Preven-
tion Code, and
WHEREAS, the City of Edmonds is desirous of keeping its
Fire Prevention Code up to current standards, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That certain printed code,,three copies of
which are and have been on file in the office of the City Clerk
of the City of Edmonds for use and examination of the public
being marked, printed and designed as the "UNIFORM FIRE CODE
1971 EDITION" including Appendices A, C, D, and E, but excluding
Article 12 (Section 12.101 through Section 12.106), Appendices
B and F, is hereby adopted by reference and incorporated herewith
as if fully set forth within this ordinance, as the UNIFORM FIRE
CODE of the City of Edmonds, subject to the modifications and
amendments hereinafter set forth, and each and all of the regula-
tions, provisions, penalties, conditions and terms of such UNIFORM
FIRE CODE herein mentioned and as amended and on file in the
office of the City Clerk is hereby established, pursuant to the
laws of the State of Washington as the UNIFORM FIRE CODE in and
for the City of Edmonds.
Section 2. Fstablishmen It and Duties of 'Bureau of Fire
Prevention.
(a) The UNIFORM FIRE CODE shall be enforced by the
Bureau of Fire Prevention in the Fire Department of the
City of Edmonds which is hereby established and which shall
be operated under the supervision of the Chief of the City
Fire Department.
(b) The Chief in charge of the Bureau of Fire
Prevention shall be appointed by the Mayor on the basis
of applicable civil service rules and regulations for
said City.
(c) The Chief of the City Fire Department may detail
such members of the fire department as inspectors as shall
from time to time be necessary. The Chief of the City
Fire Department may recommend to the Mayor the employment
of technical inspectors, who, when such authorization is
made, shall be selected through the civil service commission.
The examination shall be open to members and non-members of
the fire department.
(d) A report of the Bureau of Fire Prevention shall be
made annually and transmitted to the Mayor; it shall contain
all proceedings under this code, with such statistics as the
Chief of the City Fire Department may wish to include therein;
the Chief of the City Fire Department shall also recommend
any amendments to the code which, in his judgment, shall
be desirable.
S'ectinn' I_ T7Pfini-FinnG
(a) Wherever the word "Municipality" or the word
"Jurisdiction" is used in the UNIFORM FIRE CODE, it shall
be held to mean the City of Edmonds.
:W=
(b) Wherever the term "Corporation Counsel" is used
in the UNIFORM FIRE CODE, it shall be to mean the
City Attorney for said City or his duly appointed deputy.
(c) Wherever the words "Fire Marshal" are used, they
shall be held to mean and be synonymous with the words
"Chief of the Bureau of Fire Prevention."
Section 4. Establishment of Limits of District in which
Storage of Explosives and Blasting Agents is to be Prohibited.
The limits referred to in Section 11.106(b) of the UNIFORM
FIRE CODE, in which storage of explosives and blasting agents is
prohibited, are hereby established as follows: Fire Zones I and
II and closely populated areas of Zone III.
Section 5. Establishment of Limits of Districts in which
Storage of Flammable or Combustible Liquids in Outside Above-
ground Tanks is to be Prohibited.
(a) The limits referred to in Section 15.201 of the
UNIFORM FIRE CODE in which storage of flammable or combus-
tible liquids in outside above -grounds tanks is prohibited,
are hereby established as follows: Fire Zones I and II and
closely populated areas of Zone III.
(b) The limits referred to in Section 15.601 of the
UNIFORM FIRE CODE, in which new bulk plants for flammable
or combustible liquids are prohibited, are hereby established
as follows: Fire Zones I and III.
Section 6. Establishment of Limits in which Bulk Storage
of Liquified Petroleum Gase's' 'is to be Restricted. The limits
referred to in Section 20.105(a) of the UNIFORM FIRE CODE, in
which bulk storage of liquified petroleum gas is restricted, are
hereby established as follows: Fire Zone I.
-3-
Section 7. Permits.- Whenever the UNIFORM FIRE CODE requires
a permit, the application for said permit must be accompanied by
an application fee of $5.00, unless a different amount is otherwise
specifically provided. All such permits must be renewed annually
unless a shorter time is set forth when the permit is granted.
No permit shall be transferable, and each permit shall be issued
on a single job, transaction, owner or occupancy basis.
A permit shall be required for the servicing of fire
extinguishers and fire extinguishing systems. The application
for such permit shall be accompanied with a fee of $25.00.
Applicants for a permit to service fire extinguishers and fire
extinguishing systems shall be required to take and pass an
examination to be established by the Fire Marshal. If the permit
is not issued, due to a failure of the examination or a failure
to complete said examination, a refund of $20.00 will be made to
the applicant. This permit may be revoked at any time due to the
failure of the permitee to comply with City, state or federal
regulations. The permit for the servicing of fire extinguishers
and fire extinguishing systems is not transferable and shall be
void if the permit holder changes business address or employers.
Section S. Modifications. The Chief of the Bureau of
Fire Prevention shall have power to modify any of the provisions
of the UNIFORM FIRE CODE upon application in writing by the owner
or lessee, or his duly authorized agent, when there are practical
difficulties in the way of carrying out the strict letter of the
code, provided that the spirit of the code shall be observed,
public safety secured, and substantial justice done. The particu-
lars of such modification when granted or allowed and the decision
of the Chief of the Bureau of Fire Prevention thereon shall be
-4-
entered upon the records of the department and a signed copy shall
be furnished the applicant.
Section 9. Appeals. Whenever the Chief of the City Fire
Department shall disapprove an application or refuse to grant
a permit applied for, or when it is claimed that the provisions
of the code do not apply or that the true intent and meaning of
the code have been misconstrued or wrongly interpreted, the
applicant may appeal from the decision of the Chief of the City
Fire Department to the Board of Appeals within 120 hours of
service of such order. Service, for purposes of this section,
shall be deemed completed upon the depositing in the U.S. Mails
a copy of the order by certified or registered mail, return
receipt requested, addressed to the address set forth on the
application provided to the Chief of the City Fire Department
by the applicant. Failure to file an appeal with the Board of
Appeals within that period of time shall be deemed a waiver of
the right of appeal. The Board of Appeals shall have 30 days
from the date of filing of such notice of appeal to review such
order and file their decision thereon. Irrespective of any appeal,
unless the order is revoked or modified, it shall remain in full
force and effect until its expiration date.
Section 10. New Materials, Processes or Occupancies which
may Require Permits. The Chief Administrative Officer, the.
Chief of the City Fire Department and the Chief of the Bureau of
Fire Prevention shall act as a committee to determine and specif-v
after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies which shall require permits,
in addition to those now enumerated in said code. The Chief of
the Bureau of Fire Prevention shall post such list in a conspicuous
-5-
place in his office,,and distribute copies thereof to interested
persons.
Section 11. 'Penalties.
(a) Any person who shall violate any of the provisions
of the code hereby adopted or fail to comply therewith, or
who shall violate or fail to comply with any order made
thereunder, or who shall build in violation of any detailed
statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder,
and from which no appeal has been taken, or who shall fail
to comply with such an order as affirmed or modified by the
Mayor or by a court of competent jurisdiction, within the
time fixed herein, shall severally for each and every such
violation and noncompliance respectively, be guilty of a
misdemeanor, punishable by a fine of not more than $300.00
or by imprisonment for not more than 90 days or by both such
fine and imprisonment. The imposition of one penalty for
any violation shall not excuse the violation or permit it
to continue; and all such persons shall be required to correct
or remedy such violations or defects within a reasonable time;
and when not otherwise specified, each day that prohibited
conditions are maintained shall constitute a separate offense.
(b) The application of the above penalty shall not
be held to prevent the enforced removal of prohibited
conditions.
Section 12.
Repealer. Chapter 10.04 of the Edmonds City
Code (Ordinance No. 1123) is hereby repealed.
Section 13. Validity. Should any section, paragraph,
sentence or word of this ordinance or of the code hereby adopted
be declared for any reasonto be invalid, it is the intent of the
City Council that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such
portion as may be declared invalid.
Section 14. Date of'Effect. This ordinance shall take
effect and be in force five (5) days after its passage and its
publication as required by law.
ATTEST:
CITY CLERK
APPROVED:.
MAYOR
PASSED BY THE CITY COUNCIL: 10/3/72
FILED WITH THE CITY CLERK: 10/3/72
PUBLISHED: 10/11/72
-7-