HomeMy WebLinkAbout4571
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ORDXRARCB RO. 4 5 7 1
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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON AMENDING AUBURN
CITY CODE SECTIONS 15.36.010, 15.36.020 and 15.36.090
RESPECTIVELY ENTITLED "ADOPTION," "DEFINITIONS" AND
"VIOLATION--PENALTY" AND ADDING SECTIONS 15.36.0:20, 15.36.030
AND 15.36.040 RESPECTIVELY ENTITLED "APPEALS", "STORAGE AND
ACCUMULATION OF RUBBISH AND VEGETATION" AND "FIRE FLOW
REQUIREMENTS FOR BUILDINGS" WHICH ARE CONTAINED IN AUBURN CITY
CODE CHAPTER 15.36 ENTITLED "FIRE CODE"; AN"D REPEALING
SECTIONS 15.36.030, 15.36.035, 15.36.040, 1!5.36.070 AND
15.36.080 RESPECTIVELY ENTITLED "ENFORCEMENT AGENCY AND
INSPECTORS," "SECTION 10.308 AMENDED--AUTOMATIC SPRINKLER
SYSTEMS," "SECTION 77.105 AMENDED--BOND FOR BLASTING,"
"MODIFICATIONS," AND "WELDING OR CUTTING OPERATIONS".
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WHEREAS, the city of Auburn desires to amend Auburn city
Code Sections 15.36.010, 15.36.020 and 15.36.090 respectively
entitled "Adoption," "Definitions" and "Violation--Penalty"
and to add sections 15.36.020, 15.36.030 and 15.36.040
respectively entitled "Appeals", "Storage and accumulation of
rubbish and vegetation" and "Fire flow requ.irements for
buildings" contained in chapter 15.36 entitled "F'ire Code" and
to repeal Auburn city Code sections 15.36.030, 15.36.035,
15.36.040, 15.36.070, and 15.36.080 respectively entitled
"Enforcement agency and inspectors," "section 10.308 amended--
Automatic sprinkler systems," "Section 77.105 amended--Bond
for blasting," "Modifications" and "Welding or cutting
operations";
NOW, THEREFORE, THE CITY COUNCIL OF THE CI'rY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Ordinance No. 4571
May 15, 1992
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section 1. PURPOSB. The purpose of this ordinance is to
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amend Auburn City Code sections 15.36.010, 15.36.020 and
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15.36.090 respectively entitled "Adoption," "Definitions" and
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"violation--Penalty" and to add Sections 15.36.020, 15.36.030
and 15.36.040 respectively entitled "Appeals", "storage and
accumulation of rubbish and vegetation" and "Fire flow
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requirements for buildings" contained in Chapter 15.36 and to
repeal Auburn city Code sections 15.36.030,
15.36.035,
15.36.040, 15.36.070 and 15.36.080 respectively entitled
"Enforcement agency and inspectors," "Section 10.308 amended--
Automatic sprinkler systems," "Section 77.105 amended--Bond
for blasting," "Modifications," and "Welding or cutting
operations".
section 2 .
AMERDMENTS TO SECTXOR 15.36.C~
Section
15.36.010 of the Auburn City Code shall be aDlended as set
forth in Exhibit "A" attached hereto and incorporated herein.
section 3. ADDITXOR OP SECTIORS 15.36.020. 15.36.030 AND
15.36.040.
sections 15.36.020, 15.36.030 and 15.36.040 are
hereby added to the Auburn City Code as set forth in Exhibit
"A" attached hereto and incorporated herein.
section 4.
AMERDMENTS TO SECTXON 15.36.C)20.
Section
15.36.020 of the Auburn City Code shall be amended as set
forth in Exhibit "B" attached hereto and incorporated herein.
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Ordinance No. 4571
May 15, 1992
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section 5.
AMBRDMBNTS TO SECTIOR 15.36.02.L.
section
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15.36. 090 of the Auburn city Code shall be amended as set
forth in Exhibit "c" attached hereto and incorporated herein.
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section 6.
Auburn city
REPEAL OP sECTION 15.36.030.
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Code section 15.36.030 entitled "Enforcement agency and
inspectors" contained in chapter 15.36 entitled "Fire Code" is
herein repealed in its entirety effective upon ·the effective
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date of this ordinance.
section 7.
Auburn City
REPEAL OP SECTXOR 15.36.035.
Code section 15.36.035 entitled "Section 10.308 amended--
Automatic sprinkler systems" contained in Chapter 15.36
entitled "Fire Code" is herein repealed in its entirety
effective upon the effective date of this ordinance but no
sooner than the effective date of Ordinance 4557.
section 8.
Auburn city
REPEAL OP SECTION 15.36.040.
Code section 15.36.040 entitled "section 77.105 amended--Bond
for blasting" contained in Chapter 15.36 entitled "Fire Code"
is herein repealed in its entirety effective upon the
effective date of this ordinance.
section 9.
Auburn City
REPEAL OP SECTION 15.36.070.
Code section 15.36.070 entitled "Modifications" contained in
Chapter 15.36 entitled "Fire Code" is herein repealed in its
entirety effective upon the effective date of this ordinance.
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Ordinance No. 4571
May 15, 1992
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section 10.
Auburn City
REPEAL OP SECTIOR 15.36.080.
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Code
section
or
cutting
entitled
"Welding
15.36.080
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operations" contained in Chapter 15.36 entitled "Fire Code" is
herein repealed in its entirety effective upon the effective
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date of this ordinance.
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section 11.
SEVERABILITY.
Should any section,
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subsection, paragraph, sentence, clause or phrase of this
ordinance be declared unconstitutional or invalid for any
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reason, such decision shall not affect the validity of the
remaining portions of this ordinance.
section 12. The Mayor is hereby authorized. to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 13. This Ordinance shall take eff,act and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
S /f- 9ôL-
PASSED:
,')- /ð'- 9d--
-J- i(- 9d2---
~-
MAY
APPROVED:
-
o 1<:
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Ordinance No. 4571
May 15, 1992
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ATTEST:
~/J)ð-ILLi.vJÆ /
Robin Woh1hueter,
city Clerk
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APPROVED AS TO FORM:
st~~.Itfe~
City Attorney
Published:
b -/}-9d----
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Ordinance No. 4571
May 15, 1992
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EXHIBIT "A"
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15.36.010
15.36.020
15.36.030
15.36.040
Adoption.
ADDsals.
storaas and accumulation of :rubbish and
veastation.
Pirs flow rsauir..snts for ~~ildinas.
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15.36.010
Adoption.
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There is adopted by the city in Auburn citv Code section
15.06.010, for the purposes of prescribinc;J regulations
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governing conditions hazardous to life and prope,rty from fire
or explosion, that certain code known as the Uniform Fire Code
( (!!'eee!lllllel'Uieð-~-tme- W~ð~ P!:!!'e-€Me£_--ài!lsoci~-MId--~fte
%ft~e!!'ftð~!:eftð~--~~peftee--~--~~~~--e£~~'~~~~7---be!:ft!
~ð!!'~!:e~~ð!!'~y--~fte--~-~-~--~~1~-W~~ft--ð~~
ðmeftðmeft~e-~he~~~-~-1!xe~þ~-e~eft-~~~~·~-.eð!:£!:eà
e!!'-~fllel'lcieà -i-n-~i-&-eft!tP~~t-ðftð-~-fte- lates~~}:iðhcd -eà!:~!:eft
e£--~--Ne:e-icftð:l---P!:!!'e-- -Prot":ect:'{-cn-- li.3ð~ii> ~~ft'--St!ðftðð!!'ðeT
!:fte~~ð!:ft!-~àa~~~~~,-!t§-PH~~~fteà7-~~~-gft~£e!!'m
P!:!!'e-eeðe-S~ðftàð!!'àeT-%985-Eð!:~!:eftT-e£-Wft!:eft-eeðe~l-fte-~eee-~ftðft
efte-ee~y-ftðe-beeft-ðftà-ftew-!:e-eft-£!:~e-!:ft-~fte-e££!:ele-e£-~fte-e!:~y
e~e!!'~T-ðftð-~fte-eðme-!:e-ððe~~eð-ðftð-!:ftee!!'~e!!'ð~eð-ete-£~~~y-ðe-!:£
ee~-e~~-ð~-~eft!~ft-!:ft-~ft!:e-eftð~~e!!'~». Articles 1 throuah 3. 11
throuah 79 and 81 throuah 88. 1991 Edition. Dublished bv the
International Fire Code Institute as adoDted in t:he Washinaton
----------------------------------------------
Ordinance No. 4571 Exhibil 'A'
May 15, 1992
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Administrative Code ChaDter 51-24 which ChaDter 51-24 WAC was
adoDted bv reference with amendments. deletions and additions
as Drovided in ACC 15.06.010 and ACC 15.36. toaether with
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Articles 4. 9. 10 and Article 80 and ADDend ices I-C. XX-A. XX-
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B. II-D. II-E. II-F. III-A. III-C. III-D. XV-A. :IV-B. V-A. VI-
A. VI-B. VI-C. VI-D. VI-E and VI-F of the 1991 Uniform Fire
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Code as Dublished bv the International Fire CClde Institute:
toaether with amendments. deletions and additions as Drovided
in ACC 15.36: Provided that. notwithstandina anv wordina in
the code or in ACC 15.06.010 or ACC 15.36. Da,rticiDants in
reliaious ceremonies shall not be Drecluded from carrvina
hand-held candles.
The provisions «~fte!!'ee~--» of Ace
15.06.010 toaether with ACC ChaDter 15.38 and this chaDter
shall be controlling within the jurisdiction of the «e»Çity
of Auburn. There is also adoDted bv the citv thE! Uniform Fire
Code Standards. 1991 Edition. Dublished bv the International
Fire
Institute
Code
in
adoDted
the!
Washinaton
as
Administrative Code ChaDter 52-25 which ChaDter 51-25 WAC is
herebv adoDted bv reference.
15.36.020
ADDsals.
UFC Section 2.303 is herebv amended to read as follows:
ffBe.~d-~~-Appaa~r---6ee~--.r~&~T---~-~~~~-~fte
1!~!:~ð¡'!:~!:~Y--M--e-l te:r ~_a-~pi-a-}.s.-aflð-~~'-eeftl!~!!'~e~!:eft
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Ordinance No. 4571 Exhibil "A"
May 15, 1992
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ðftð--~-~Pe¥~--~~- zaaaefta~~--ift~erpp~e~iefts--~--~fte
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I'!!'ev!:s!:efts-e£-~Ms--eeàe ,--t!here--shall -be--Mld-~Pt~by'-is-e!!'ea~ee1
ð--¡'eð!!'ð--e£--ðl'l'eð~S--eefts!:s~!:ft~--e£--£!:Ve--lIIeIllJ¡'e!!'S--Wfte--ð!!'e
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l!!I~ð~!:£!:eð-~-eXl'el'i~I.~a -eftd.- tJ: ain-i-nq--~e- IJasl!l -up(m'-I'e!!'~!:fteft~
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lIIð~~e!!'I!I~--~-eftie~-she~~-~~-e~-ef~ieie-~~-MId--l!Iftð~~
ðe~-al!l-s~~ery--ef-.ot+re-~---'l'he- beard -e£o-ap]~!l:rs--sft!l:rr-¡'e
ðl'l'e!:ft~ee1-¡'y-~fte-eKee~~!:ve-¡'eðY-ðfte1-Sftð~~-fte~ð-e!~£!:ee-a~-~fte!:!!'
I'~eðs~!!'e...----~-~--shall -ec:tope-- z aa!lefta¡'J:e---l'~reS--ðftð
!!'e~~ð~!:eftS-£er-~~~-~a!l~~~~~-sft!l:rr-!!'eftðe!!'
ðee!:s!:efts--Mtd-+j:n(Hng9"-il't-wri.~iftiJ--t!o--efte-£ire-·cb:i.-ef;--w-~-ð
e1~I'~!:eð~e-eel'y-~e-~fte-ðl'l'e~~ðft~~tt
A.
ADDeal to Bearina Examinsr
1.
ADDointment and Tera.
In order to hear and decide
appeals of orders. decisions or determinations made
bv the fire chief relative to the application and
interpretation of this code.
A hearina examiner
shall be appointed bv the Mavor for a t)eriod of five
vears and subiect to confirmation bv the Auburn Citv
Council.
In the event that the appointed examiner
is unable to perform the duties as hereinafter
described. for whatever reason. or in t;he event of a
vacancv in office. the Mavor shall appoint an
examiner pro tem who shall have th(~ authorities
herein provided.
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Ordinance No. 4571 Exhibil'A'
May 15, 1992
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2.
The examiner or the
R_ova1 and Qualifications.
examiner pro tem mav be removed from office bv the
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mavor with approval bv the citv counc~i1 for cause.
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includina
malfeasance.
but
limited
not
to
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misconduct. nealect of duties. unexc:used absence.
criticism of public officials or publÜ: emplovees if
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such criticism is iniurious to the reauisite workina
relationship between hearina examiner and the public
official or public emplovee to the extent of
influencina the public perception of the obiectivitv
of the hearina examiner. or anv othel" act that is
perceived as not in the best interests: of the ci tv.
The examiner and the examiner pro tem shall be
aualified bv experience and trainina to pass upon
pertinent matters in the fire code!.
Wherever
feasible. the Mavor shall endeavor to appoint
aua1ified candidates who reside in the Auburn area.
3.
Duties.
The examiner pro tem. in the event of the
absence or inabilitv of the examiner 'to act. shall
have all the duties and powers of the e,xaminer. The
examiner shall conduct an appeal hearina as provided
herein. enter findinas of fact. and conclusions of
law based upon those facts and a deciision which is
...------------------------------------------.
Ordinance No. 4571 Exhibil ·A'
May 15, 1992
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advisorv to the fire chief and sub;ect to appeal as
provided herein.
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4.
Conflict of Xntsrsst. The examiner shall not conduct
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or participate in anv hearinu or decision in which
the examiner has a direct or indirect personal
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interest which miaht exert such influence uPon the
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examiner that miaht interfere with his/her decision-
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makinu process. Anv actual or potenti,al conflict of
interest shall be disclosed bv the Hearinu Examiner
to the parties immediatelv upon discoverv of such
conflict.
Participants in the hearinCl process have
the riuht. insofar as possible. to hav,a the examiner
free from personal interest or pre-hearinu contacts
on issues considered bv him/her.
It is recounized
that there is a countervailina public riaht to free
access to public officials on anv matter.
If such
personal or pre-hearina interest conta(~t impairs the
examiner's abilitv to act on the matter. the hearinu
examiner shall state and shall abstain therefrom to
the end that the Droceedinu is fair and has the
appearance of fairness. unless all parties aaree in
writina to have the matter heard bv s:aid examiner.
If all parties do not aaree and the hearina examiner
must abstain. the Mavor shall be notified and the
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Ordinance No. 4571 Exhibi¡"A"
May 15, 1992
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Mavor shall aDDoint a hearina examinlar Dro tem to
sit in the hearina examiner's stead.
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5.
Prssdo. fro. X.grODSr Xnf1usncs. No clouncil member.
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citv official. or anv other Derson shull attemDt to
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interfere with. or imDroDerlv influencla the examiner
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or examiner Dro temDore in the D,arformance of
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his/her desianated duties.
Duties of ths Examiner. ADDlications and decisions.
For cases and actions as Drescribed bv ordinance.
the Examiner shall receive and examine available
information. conduct Dublic hearinql>. DreDare a
record thereof. and enter recommended findinqs of
fact. conclusions of law based UDon those facts and
a recommended decision to the fire chi.ef. The fire
chief mav affirm. reverse or modifv the Examiner's
recommended findinas of fact. conclusions of law and
decision.
The
fire
chief's
act:ion on the
Examiner's recommended findinas of fact:. conclusions
of law and decision is final action sub;ect to
aDDeal as Drovided herein.
7.
ADD1ication of ADDeal and Pilina Pes.
a.
Form of ADDeal. Anv Derson receivina a decision or
determination made bv the fire chief or his desiqnee
relative to the aDDlication and interDretation of
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Ordinance No. 4571 Exhibit wAw
May 15, 1992
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this code mav aDDeal such determinaticm or decision
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under this code bv Davina the Two Hundred Fiftv
Dollar ($250.00) filina fee and filina at the office
of the fire chief a written aDDlication of aDDeal
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containina:
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1.
A headinq in the words: "Before the Hearinqs
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Examiner of the citv of Auburn".
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2.
A caDtion readina:
"ADDeal of Fire Chief
Decision or Determination." aivin,:¡ the names of
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all aDDellants DarticiDatinq in the aDDeal.
A brief statement settinq for1th the leqal
in the
interest of each of the aDDellants
buildinq or the land involved
determination or decision.
in the
4.
A brief statement in ordinarv and concise
lanauaae of the sDecific acticm Drotested.
toqether with anv material facts claimed to
sUDDort the contentions of the aDI)ellant.
5.
A brief statement in ordinarv and concise
lanquaae of the relief souqht and the reasons
whv it is claimed the Drotested action should
be reversed. modified or otherwisl! set aside.
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Ordinance No. 4571 Exhibit 'A'
May 15, 1992
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6.
The sianatures of all Darti'E!s named as
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aDoellants
mai1ina
their
and
offic:ial
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addresses.
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7.
The verification (bv declaration under Denaltv
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of Der;urv) of at least one aDDellant as to the
truth of the matters stated in th.a aDDeal.
The aDDlication of aDDeal shall b.a filed within
30 davs from the date of the fire chief's
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determination or decision: Drovided. however
that if a buildina or structur,a is in such
condition as to make it immediat:elv danaerous
to the life. limb. DrODertv or safetv of the
oublic or ad;acent DroDertv and is ordered
vacated. such aDDlication of aDI)eal shall be
filed within 10 davs from the date of the fire
chief's decision or determination,"
b.
processina Aoo1ication of ADDeal.
UDon receiot of
anv aDDlication of aDDeal filed DurSlUant to this
section toaether with the Two Hundred Fiftv Dollar
($250.00) filina fee. the fire chief shall within
two (2) workina davs of receiDt of an aDDlication
determine whether the aDDlication is ,comDlete.
If
comDlete. the aDDlication shall be accE!Dted. If not
comDlete. the fire chief shall reauest that the
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Ordinance No. 4571 Exhibi¡'A'
May 15, 1992
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applicant
as
provide
additional
injformation
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necessarv to complete the application.
The
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applicant shall be advised of the date of acceptance
of the application.
Schedulina and Noticina Appeal for Hea:rina. As soon
as practicable after acceptance of the written
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c.
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application of appeal. the examiner shall fix a
date. time and place for the hearina CJf the appeal.
Such date shall be not less than 10 davs nor more
than 90 davs from the date the application of appeal
was filed with the fire chief.
written notice of
the time and place of the hearina shall be aiven at
least 10 davs prior to the date of t.he hearina to
each appellant bv the examiner either bv causina a
copv of such notice to be delivered to the appellant
persona11v or bv mailina a copv the,reof. postaae
prepaid. addressed to the appellant at his address
shown on the appeal.
8.
Effect of Pai1ure to ADDsal.
Failure of anv person to
file an appeal in accordance with provi!lions of this
section shall constitute a waiver of anv riaht to an
administrative hearina and adiudication of the fire
chief's decisions or determinations.
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Ordinance No. 4571 Exhibit"N
May 15, 1992
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9.
scoDe of Hsarina on ADDsal. Onlv those mat·ters or issues
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specificallv raised bv the appellant shall be considered
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in the hearina of the appeal.
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10. Hearina Procsdures:
a.
Record. A record of the entire proceedinas shall be
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made bv tape recordina or bv anv other means of
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permanent recordina determined to be élppropriate bv
the examiner.
b.
ReDortina.
The proceedinas at the hearina shall
also be reported bv a phonoaraphic reporter if
reauested bv anv party thereto. A transcript of the
proceedinas shall be made available to all parties
uDon reauest and UDon Davment of the fee Drescribed
therefor.
Such fee mav be established bv the
examiner. but shall in no event be are!ater than the
cost involved.
c.
Continuances.
The examiner mav arant continuances
for aood cause shown.
d.
Oaths--Certification. In anv Droceedinas under this
section. the examiner has the Dower to administer
oaths and affirmations and to certifv to official
acts.
e.
Reasonable DisDatch.
The examiner ¡shall Droceed
with reasonable disDatch to concluda anv matter
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Ordinance No. 4571 Exhibit"N
May 15, 1992
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before it.
Due reClard shall be s:hown for the
convenience and necessitv of anv Darties or their
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reDresentatives.
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f.
Rotics of Bsarina. The notice to aDDel1ant shall be
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substantial1v in the followina form. but mav include
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other information:
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"You are herebv notified that a h.~arinCl will be
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held before (name of hearinCl examiner) at
on the
dav of
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at the hour of
uDon the
notice and order served UDon vou.
You mav be
Dresent at the hearinCl.
You mav Dresent anv
relevant evidence and will be, aiven full
oDDortunitv to cross-examine a,ll witnesses
testifvina aaainst vou.
You may reauest the
issuance of subDoenas to comDel the attendance
of witnesses and the Droducticm of books.
documents or other thinCls bv filinCl an
affidavit therefor with
(name of hearina
examiner}."
Cl.
SubDosnas.
1.
The examiner mav issue subDoenas for the
attendance of witnesses or the ¡production of
other evidence at a hearina UDon the written
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May 15, 1992
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demand of anv Dartv. The issuanc:e and service
3
of such subDoena shall be obtained UDon the
filina of an affidavit therefor which states
the name and address of the DroIlosed witness:
sDecifies the exact thinas souaht to be
4
5
6
7
8
Droduced and the materialitv thereof in detail
to the issues invol ved: and states that the
9
witness
desired
his
thinas
in
has
the
Dossession or under his control.
A subDoena
need not be issued when the affidavit is
defective in anv Darticular.
2.
Penalties.
Anv Derson who refuses without
lawful excuse to attend anv hearina or to
Droduce material evidence in his Dossession or
under his control as reauired bv anv subDoena
served UDon such Derson as Drovided for herein
h.
shall be auiltv of a misdemeanor and Denalized
as Drovided in ACC 1.24.
Conduct of Hsarina.
1.
Rulss.
Hearinas need not be conducted
accordina to the technical rulel; relatina to
evidence and witness.
2.
Oral Evidence.
Oral evidence s:~all be taken
onlv on oath or affirmation.
-----------------------------------.----.----.
Ordinance No. 4571 Exhibit "A·
May 15, 1992
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3.
Hearsav Evidence. Hearsav evidence mav be used
for the purpose of supplementina or explainina
anv
direct
be
evidence.
but
shall
not
sufficient in itself to support a findina
unless it would be admissible over obiection in
civil
actions
C)f
competent
in
courts
iurisdiction in this state.
4.
Admissibilitv of Evidence.
Anv relevant
evidence shall be admitted if it is the tvpe of
evidence on which responsible persons are
accustomed to relv in the conduct of serious
affairs. reaardless of the exܡtence of anv
common law or statutorv rule whi.ch miaht make
improper the admission of such evidence over
obiection in civil actions i.n courts of
competent iurisdiction in this state.
5.
Exclusion of Evidence.
Irreleva.nt and undulv
repetitious evidence shall be excluded.
6.
Riahts of Parties. Each partv shall have these
riahts amona others:
(a) To call and examine witnesses on anv
matter relevant to the issues of the
hearina:
----------------------------------------------
Ordinance No. 4571 Exhibit 'A'
May 15, 1992
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Ib) To introduce documentarv and Dhvsical
3
evidence:
4
Ic) To cross-examine oDDosina wi'tnesses on anv
5
matter relevant to the ilssues of the
6
hearina:
7
(d) To imDeach anv witness reaarciless of which
8
Dartv first called him to telstifv:
9
Ie) To rebut the evidence aaains1t him:
If) To reDresent himself or to be reDresented
bv anvone of his choice who is lawfull v
Dermitted to do so.
7.
Official Notice.
la) What may be noticed.
In reachina a
decision. official notice Mlav be taken.
either before or after submission of the
case for decision. of anv fact which mav
be iudiciallv noticed bv t:he courts of
this state or official records of
deDartments and ordinances of the citv.
Ib) Parties to be notified. par1:ies Dresent
at the hearina shall be info]~ed of the
matters to be noticed. and these matters
shall be noted in the record. referred to
therein. or aDDended thereto~
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Ordinance No. 4571 Exhibit 'A'
May 15, 1992
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Cc} ODDortunitv to r.fut.. Parties Dresent at
the hearina shall be aiven a reasonable
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oDDortunitv. on reauest. t.o refute the
official noticed matters bv lavidence or bv
written or oral Dresentation of authoritv.
the manner of such refut:ation to be
determined bv the hearina eXi:!.miner.
Cd} XnsD.ction of ~h. Dr..i....
The hearina
examiner mav insDect anv buildina or
Dremises involved in the aDDlaal durina the
course of the hear ina . Drovided that C i}
notice of such insDection shall be ai ven
to the Darties before the insDection is
made. Cii} the Darties are aiven an
oDDortunitv to be Dresent: durina the
insDection. and Ciii} or the hearina
examiner shall state for the record UDon
comDletion of the insDection the material
facts observed and the conc:lusions drawn
therefrom.
Each Dartv then shall have a
riaht to rebut or eXDlain the matters so
8.
Limitation or T.stimonv. The eX~lminer has the
stated bv the hearina examin'ar.
riaht to limit the time a witness mav testifv.
.____________________w___.__._________._______
Ordinance No. 4571 Exhibit 'A"
May 15, 1992
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11. Form and Effective Date of Decision.
Both the Hearina
3
Examiner's recommended decision and the Fire Chief's
4
5
6
final decision shall be in writina and shall contain
f indinas of fact. conclusions of law. a de1:ermination of
the issues Dresented. and the reauirements 1to be comDlied
7
with.
A CODV of the recommended decision and the final
8
decision shall be delivered to the aDDellëmt Dersonallv
9
or sent to him bv certified mail. Dostaae DlreDaid. return
receiDt reauested.
The effective date of the final
decision shall be as stated therein.
12. Riahts Granted--Riaht to ADDeal. Nothina in this section
shall be construed as arantina anv riaht of iudicial
review which does not Drevious1v exist .in law.
The
decision of the examiner or examiner Dro tern shall be
advisorv to the fire chief and the fire chief's decision
shall be final and exclusive.
A writ of review must be
souaht in the SUDerior Court of Kina Countv. if at all.
bv an aaarieved Dartv or Derson.
13. Limitations of Authoritv.
The examiner ¡shall have no
authoritv
relative
the
interDretation
to
of
administrative Drovisions of this code or the technical
codes nor shall the examiner be emDowered to waive
reauirements of this code or the technical ,::odes.
------------------------------------------.-.-
Ordinance No. 4571 Exhibit "A"
May 15, 1992
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15.36.030
storaae and accumulation of rubbish and
3
4
veaetation
UFC section 11.302 is herebv amended to real:! as follows:
5
6
STORAGE AND ACCUMULATION OP RUBBISH AND VBG:BTATIOR
(a) Rubbish within and Adjacent to Buildings and structures.
7
Combustible ru.bbish and recvclables kept ()r accumulated
8
within or adjacent to buildings or structures shall be
9
stored in approved containers or in roc,ms or vaults
constructed of noncombustible materials.
Oily rags and
similar materials shall be stored in metal, metal-lined
or other approved containers equipped with tight fitting
covers.
Combustible rubbish stored in containers shall
be removed from buildings not less than oncle each working
day. EXCEPTION: Commercial rubbish handling operations
shall be in accordance with section 11. 302 (I:::) .
(b) Rubbish and Recvclables within Dumpsters. Dumpsters and
containers with an individual capacity of 1.5 cubic yards
(40.5 cubic feet) or more shall not be stored in
buildings or placed within 5 feet of combustible walls,
openings or combustible roof eave lines. EXCEPTIONS: 1.
Areas containing dumpsters or containers protected by an
approved automatic sprinkler system.
2.
structures of
Types I and II fire-resistive construction used for
----------------------------------------------
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May 15, 1992
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dumpster or container storage located not less than 10
3
feet from other buildings.
(c) Commercial Rubbish Handling Operations.
Occupancies
4
5
6
exclusively performing commercial rubbish handling or
recycling shall maintain rubbish or product to be
7
processed or recycled as follows:
8
1.
In approved vaults,
In covered metal or metal-lined recept¡icles or bins,
9
2.
or
3.
Completely baled and stacked in an ord.arly manner in
an approved location.
(d) Combustible Vegetation. Cut or uncut weeds" grass, vines
and other vegetation shall be removed when determined by
the chief to be a fire hazard. When the chief determines
that total removal of growth is impractical due to size
or environmental factors, approved fuel breaks shall be
established.
Designated areas shall bl~ cleared of
combustible vegetation to establish the fuel breaks.
15.36.040
Pire Flow Reauirelllents for Buildill!l§..L
UFC Accendix III-A is herebv amended to read as follows:
PIRE- PLOW REQUIREMENTS POR BUILDIRGS
-~--------------------------------------------
Ordinance No. 4571 Exhibi¡ "A"
May 15, 1992
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1 . SCOPE
3
The procedure determining fire-flow requirements for
4
buildings or portions of buildings hereaftl~r constructed
5
shall be in accordance with this appendix. This appendix
6
does not apply to structures other than buildings.
7
2.
DEFINITIONS
8
9
For the purpose of this appendix, certa.in terms are
defined as follows:
Fire Area is the floor area, in square :feet, used to
determine the required fire flow.
Fire Flow is the flow rate of a water supply, measured at
20 psi residual pressure, that is available for
firefighting.
3.
MODXFICATIONS
(a) Decreases.
Fire-flow
may
be
requirement:s
modified downward by the chief for isolated
buildings or a group of buildings in rural areas or
small communities where the development of full
fire-flow requirements is impractical.
(b) Increases.
Fire flow may be modified upward by
the chief where conditions indicat,a an unusual
susceptibility to group fires or conflagrations. An
upward modification shall not be more than twice
that required for the building under c,:msideration.
----------------------------------------------
Ordinance No. 4571 Exhibit "A"
May 15, 1992
Page 24
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4.
PIRE AREA
3
4
5
(a) General. The fire area shall be th4! total floor
area of all floor levels within the eJ~terior walls,
6
and under the horizontal projections (If the roof of
a building, except as modified in this section.
7
(b) Area Separation.
Portions of buildi.ngs which are
8
separated by one or more four-hour area separation
walls constructed in accordance with the Building
Code, without openings and provided 1.l'ith a 30-inch
parapet, are allowed to be considered as separate
fire areas.
(c) Type I and Type II F.R. Construction. The fire area
of buildings constructed of Type I and Type II-F.R.
construction shall be the area of the three largest
successive floors.
5.
PXRE-PLOW REQUIREMENTS POR BUILDINGS
(a) One- «aftð-Ifwe-Family Dwellings». ThE! minimum fire
flow and flow duration requirements for one- «aftð
~wet+ family dwellings having a fire area which does
not exceed 3,600 square feet shall be 1,000 gallons
per minute for thirtv (30) minutes.
Fire flow and
flow duration for dwellings having a fire area in
excess of 3,600 square feet shall not be less than
that specified in Table No. A-III-A-1. EXCEPTION:
----------------------------------------------
Ordinance No. 4571 Exhibi¡ "A"
May 15, 1992
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EXHIBIT "B"
4
5
15.36.ottett~0 Definitions
6
A.
Whenever the word "municipality" is used i.n the Uniform
Fire Code, it means the city.
B...---Wftefteve!!'-~--t:~-u.ee~r-lt1!!-~ft-~--i'I!I-_--ioft--~fte
eft!:£e!!'III-P!:!!'e-€eðeï-!:~-lIIeaftl!l-~fte-ð~~e!!'ftey-£e!I!'-~fte-e!:~y...
«€) ),ª.
Whenever the term "chief of the bureau of fire
prevention" is used in the Uniform Fire Code, it means
the fire marshal of the city.
-----------------------------------------------
Ordinance No. 4571 Exhibit "B"
May 15, 1992
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EXHIBIT "c"
4
5
6
15.36.0( (9) ).10
violation-penalty
Any person who violates any of the provisions of the ~
7
code or fire standards or aDDendices adopted by ACC 15.38
8
and/or this chapter or fails to comply therE!with, or who
9
violates or fails to comply with any order made ·thereunder, or
who builds in violation of any detailed statement of
specifications or plans submitted and approved 1~hereunder, or
any certificate or permit issued thereunder, and from which no
appeal has been taken, or who fails to comply with such an
order as affirmed or modified by the beð!!'ð--o('- a~~ea-l-s fin
Chief or by a court of competent jurisdiction, within the time
fixed therein, is severally for each and every Imch violation
and noncompliance respectively guilty of a misdemeanor,
punishable ðe-~~~ 3ec~~-%~~.~e%e-~-~~~~~
eeðe bv a iail term not to exceed ninetv davs and/or a fine
not to exceed S1. 000.00.
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 reasonëlble time; and
when not otherwise specified, each ten days that prohibited
conditions are maintained constitutes a separate offense.
~-~---------------------------------------------
Ordinance No. 4571 Exhibi¡ 'C'
May 15, 1992
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A reduction in required fire flow of !¡O percent, as
3
approved by the chief, is allowed when the building
4
is provided with an approved automatic sprinkler
5
6
system.
(b) Buildings other than One- «ðftð--~+ Family
7
Dwellings. The minimum fire flow and flow duration
8
for buildings other than one- «ðftli-'~ family
9
dwellings shall be as specified in Table No. A-III-
A-l. EXCEPTION:
A reduction in required fire
flow of up to 75 percent, as approved by the chief,
is allowed when the building is provided with an
approved automatic sprinkler system. The resulting
fire flow shall not be less than 1,500 gallons per
minu.te.
NOTE:
TABLE NO. A-III-A-1 entitled "MINIMUM REQUIRED FIRE
FLOW AND FLOW DURATION FOR BUILDINGS" is not amlanded by this
section.
----.-------------------------------------.---
Ordinance No. 4571 Exhibit 'A'
May 15, 1992
Page 26
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