Loading...
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-