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HomeMy WebLinkAbout4571 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 ORDXRARCB RO. 4 5 7 1 2 3 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". 4 5 6 7 8 9 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: ------.-------------------_.----- Ordinance No. 4571 May 15, 1992 Page 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 section 1. PURPOSB. The purpose of this ordinance is to 3 amend Auburn City Code sections 15.36.010, 15.36.020 and 4 15.36.090 respectively entitled "Adoption," "Definitions" and 5 6 "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 7 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. --------------------------------- Ordinance No. 4571 May 15, 1992 Page 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 section 5. AMBRDMBNTS TO SECTIOR 15.36.02.L. section 3 15.36. 090 of the Auburn city Code shall be amended as set forth in Exhibit "c" attached hereto and incorporated herein. 4 5 section 6. Auburn city REPEAL OP sECTION 15.36.030. 6 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 7 8 9 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. ----------.--.------------------- Ordinance No. 4571 May 15, 1992 Page 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 section 10. Auburn City REPEAL OP SECTIOR 15.36.080. 3 4 Code section or cutting entitled "Welding 15.36.080 5 operations" contained in Chapter 15.36 entitled "Fire Code" is herein repealed in its entirety effective upon the effective 6 date of this ordinance. 7 section 11. SEVERABILITY. Should any section, 8 subsection, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any 9 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<: --------------------------------- Ordinance No. 4571 May 15, 1992 Page 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 ATTEST: ~/J)ð-ILLi.vJÆ / Robin Woh1hueter, city Clerk 4 5 6 7 APPROVED AS TO FORM: st~~.Itfe~ City Attorney Published: b -/}-9d---- --------------------------------- Ordinance No. 4571 May 15, 1992 Page 5 ....~,.._._-~-,-..~,."- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 EXHIBIT "A" 3 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. 4 5 6 7 15.36.010 Adoption. 8 There is adopted by the city in Auburn citv Code section 15.06.010, for the purposes of prescribinc;J regulations 9 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 Page 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 2 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 3 4 5 Articles 4. 9. 10 and Article 80 and ADDend ices I-C. XX-A. XX- 6 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 7 8 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 ------------------------..-------------------- Ordinance No. 4571 Exhibil "A" May 15, 1992 Page 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 ðftð--~-~Pe¥~--~~- zaaaefta~~--ift~erpp~e~iefts--~--~fte 3 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 4 5 l!!I~ð~!:£!:eð-~-eXl'el'i~I.~a -eftd.- tJ: ain-i-nq--~e- IJasl!l -up(m'-I'e!!'~!:fteft~ 6 7 8 9 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. ---------------------------------------------- Ordinance No. 4571 Exhibil'A' May 15, 1992 Page 8 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 2. The examiner or the R_ova1 and Qualifications. examiner pro tem mav be removed from office bv the 4 mavor with approval bv the citv counc~i1 for cause. 5 includina malfeasance. but limited not to 6 misconduct. nealect of duties. unexc:used absence. criticism of public officials or publÜ: emplovees if 7 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 Page 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 advisorv to the fire chief and sub;ect to appeal as provided herein. 4 4. Conflict of Xntsrsst. The examiner shall not conduct 5 6 or participate in anv hearinu or decision in which the examiner has a direct or indirect personal 7 interest which miaht exert such influence uPon the 8 examiner that miaht interfere with his/her decision- 9 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 ---------------------------------------------- Ordinance No. 4571 Exhibi¡"A" May 15, 1992 Page 10 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 Mavor shall aDDoint a hearina examinlar Dro tem to sit in the hearina examiner's stead. 4 5. Prssdo. fro. X.grODSr Xnf1usncs. No clouncil member. 5 citv official. or anv other Derson shull attemDt to 6 interfere with. or imDroDerlv influencla the examiner 7 or examiner Dro temDore in the D,arformance of 6. 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 --------.------------------------------------- Ordinance No. 4571 Exhibit wAw May 15, 1992 Page 11 ---~-_._,-_._---_..-.,--_...,,--_..._- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 this code mav aDDeal such determinaticm or decision 3 4 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 5 6 containina: 7 1. A headinq in the words: "Before the Hearinqs 8 Examiner of the citv of Auburn". 9 2. A caDtion readina: "ADDeal of Fire Chief Decision or Determination." aivin,:¡ the names of 3. 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. ...---------------.....------------------.---- Ordinance No. 4571 Exhibit 'A' May 15, 1992 Page 12 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 6. The sianatures of all Darti'E!s named as 3 aDoellants mai1ina their and offic:ial 4 addresses. 5 6 7. The verification (bv declaration under Denaltv 7 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 8 9 8. 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 -----------------------------------------.---- Ordinance No. 4571 Exhibi¡'A' May 15, 1992 Page 13 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 applicant as provide additional injformation 3 necessarv to complete the application. The 4 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 5 6 7 c. 8 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. .................------------------...-------- Ordinance No. 4571 Exhibit"N May 15, 1992 Page 14 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 9. scoDe of Hsarina on ADDsal. Onlv those mat·ters or issues 3 specificallv raised bv the appellant shall be considered 4 in the hearina of the appeal. 5 6 10. Hearina Procsdures: a. Record. A record of the entire proceedinas shall be 7 made bv tape recordina or bv anv other means of 8 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 conclud a anv matter .....----------------------------------------- Ordinance No. 4571 Exhibit"N May 15, 1992 Page 15 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 before it. Due reClard shall be s:hown for the convenience and necessitv of anv Darties or their 4 reDresentatives. 5 f. Rotics of Bsarina. The notice to aDDel1ant shall be 6 substantial1v in the followina form. but mav include 7 other information: 8 "You are herebv notified that a h.~arinCl will be 9 held before (name of hearinCl examiner) at on the dav of 19 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 ---------------------------------------------- Ordinance No. 4571 Exhibi¡ "A" May 15, 1992 Page 16 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 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 Page 17 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 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 exÜ¡tence 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 Page 18 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 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~ ----------_.-._------------------------------- Ordinance No. 4571 Exhibit 'A' May 15, 1992 Page 19 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 Cc} ODDortunitv to r.fut.. Parties Dresent at the hearina shall be aiven a reasonable 3 4 5 6 7 8 9 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 Page 20 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 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 Page 21 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 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 ---------------------------------------------- Ordinance No. 4571 Exhibi¡ "A" May 15, 1992 Page 22 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 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 Page 23 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 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 Page 25 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 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 Page 27 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '. 1 2 3 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 Page 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '. 1 2 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 --------~--~-_._..._-~-