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ORDINANCE NO. 5 I 8 6
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
AUBURN CITY CODE SECTION 15.36.010 ENTITLED "~OPTION" TO
REFLECT ADOPTION OF THE 1997 UNIFORM FIRE CODE AND AN
ADDITIONAL ARTICLE AND ADDITIONAL SECTIONS OF THE 1997 UNIFORM
FIRE CODE AND TO CORRECT REFERENCE TO THE WASHINGTON
ADMINISTRATIVE CODE, REPEALING PRESENT SECTION 15.36.030
ENTITLED "OIL BURNING EQUIPMENT" AND ADDING A NEW SECTION
15.36.030 ENTITLED "SECTION 8101.6 AMENDED-HOUSEKEEPING AND
MAINTENANCE" WHICH AMENDS SECTION 8101.7.7 OF ARTICLE 81 OF
THE 1997 UNIFORM FIRE CODE RELATING TO SIGNAGE REQUIREMENTS,
ALL OF WHICH SECTIONS ARE CONTAINED IN AUBURN CITY CODE
CHAPTER 15.36 ENTITLED "FIRE CODE".
WHEREAS, the City of Auburn desires to amend Auburn City
Code Chapter 15.36 entitled "Fire Code" to reflect adoption
of the adopt the 1997 Uniform Fire Code and to correct
reference to the Washington Administrative Code with specified
exceptions and amendments as authorized in RCW 19.27.040.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY' OF AUBURN,
Administrative
entitled "Oil
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this Ordinance is to
amend Auburn City Code Section 15.36.010 entitled[ "Adoption"
to reflect adoption of the 1997 Uniform Fire Code and an
additional Article and additional Sections of the 1997 Uniform
Fire Code and to correct reference to the Washington
Code, repealing present section. 15.36.030
Burning Equipment" and adding a new Section
"Section 8101.6 Amended-housekeeping and
15.36.030
entitled
Ordinance NO. 5186
December 14, 1998
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Maintenance" which amends Section 8101.7.7 of Article 81 of
the 1997 Uniform Fire Code relating to signaqe requirements,
all of which sections are contained in Auburn City Code
Chapter 15.36 entitled "Fire Code".
Section 2. AI~ENDM~IqT. Chapter 15.36 of the Auburn City
Code entitled "Fire Code" is hereby amended as set forth in
attached Exhibit "A" which is attached hereto and incorporated
herein.
Section 3. S~VERABILITY. Should any section,
subsection, paragraph, sentence, clause or phrase of this
ordinance be declared unconstitutional or inva].id for any
reason, such decision shall not affect the validity of the
remainin9 portions of this ordinance.
Section 4. The Mayor is
such administrative procedures as may
out the directions of this legislation.
Section 5. This Ordinance shall
force five days from and after its
publication as provided by law.
hereby authorized to implement
be necessary to carry
take effect and be in
passage, approval and
Ordinance No. 5186
December 14, 1998
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ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
I Michael J. Reynolds,
City Attorney
Ordinance No. 5186
December 14, 1998
Page 3
INTRODUCED:
PASSED:
APPROVED:
December 2.1~ 1998
December 21, 1998
December 21, 1998
CHARLES A. BOOTH
MAYOR
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ORDINANCE NO. 5186
EXHIBIT "A"
Chapter 15.36
FIRE CODE
Sections:
15.36.010 Adoption.
15.36.020 Section 103.1.4 amended - Appeals.
((~5.3~ ~^ ~ ~"- '-~ _=__= ....... ))
15.36.030 Section 8101.6 amended housekeeDinq ~ maint-~nce.
15.36.040 Section 8702 amended Fire safety during
construction, alteration or demolition of a building.
15.36.050 Appendix III-A Section 5 amended Fire flow
requirements for buildings.
15.36.060 Definitions.
15.36.070 Violation - Penalty.
15.36.010 Adoption.
There is adopted by the city in ACC 15.06.010 for the
purposes of prescribing regulations governing conditions
hazardous to life and property from fire or exp].osion, that
certain code known as the Uniform Fire Code, Articles 1 and 2,
Articles 9, includinq Sections 901.2.2.1, 901.4.2, 902.1, and
902.2 throuqh 902.2.4.1, Articles 10 through 13, Articles 24
through 36, Articles 45 through 52, except Section 5201.1,
Articles 62 through 79, except Section 7904.5.4.2.2, and
includinq Section 7902.1.7.2.4, Articles 81, except 8101.6
which is amended herein in the new Section 15.36.030, 82
through 88, except Section 8702, and Article 90, ((~-9~4)) 1997
Edition, published by the International Fire Code Institute as
adopted in Chapter 51-((~))44 WAC, which Chapter 51-((~))44
WAC was adopted by reference with amendments, deletions and
additions as provided in ACC 15.06.010 and this chapter,
Ordinance No. 5186
Exhibit "A"
December 14, 1998
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together with Articles 61 and 80 and Sections 5201.1,
7904.5.4.2.2 and 8702 and Appendices I-C, II-A, II-B, II-D,
Ii-E, II-F, II-G, II-H, II-I, II-J, III-A, III-C, III-D, IV-A,
IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-FA VI-G, Vi-H and
VI-I of the ((~9~4)) 1997 Uniform Fire Code as ]published by
the International Fire Code Institute, toG[ether with
amendments, deletions and additions as provided in Chapter
15.36 ACC entitled "Fire Code". The provisions of ACC
15.06.010 together with Chapter 15.38 ACC and this chapter
shall be controlling within the jurisdiction of the city.
There is also adopted by the city the Uniform Fire Code
Standards, ((~-9~4)) 1997 Edition, published by the
International Fire Code Institute as adopted in Chapter 51-
((~))45 WAC, which Chapter 51-((~))45 WAC is adopted by
reference.
15.36.020 Section 103.1.4 amended - Appeals.
Uniform Fire Code Section 103.1.4 is amended to read as
follows:
A. Appeal to Hearing Examiner.
1. Appointment and Term. In order to hear and decide
appeals of orders, decisions or determinations made by the
fire chief relative to the application and interpretation of
this code, a hearing examiner shall be appointed by the Mayor
for a period of five years and subject to confirmation by the
Auburn City Council. In the event that the appointed examiner
is unable to perform the duties as hereinafter described, for
whatever reason, or in the event of a vacancy in office, the
Mayor shall appoint an examiner pro tem who shall have the
authorities herein provided.
Ordinance No. 5186
Exhibit "A"
December 14, 1998
Page 2
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2. Removal and Qualifications. The examiner or the
examiner pro rem may be removed from office by the mayor with
approval by the city council for cause, includinG but not
limited to malfeasance, misconduct, neglect of duties,
unexcused absence, criticism of public officials or public
employees if such criticism is injurious to the requisite
workinG relationship between hearinG examiner and the public
official or public employee to the extent of influencinG the
public perception of the objectivity of the hearinG examiner,
or any other act that is perceived as not in the best
interests of the City. The examiner and the examiner pro rem
shall be qualified by experience and traininG to pass upon
pertinent matters in the fire code. Wherever feasible, the
Mayor shall endeavor to appoint qualified candidates who
reside in the Auburn area.
3. Duties. The examiner pro tem, in the event of the
absence or inability of the examiner to act, shall have all
the duties and powers of the examiner. The examiner shall
conduct an appeal hearinG as provided herein, enter findings
of fact, and conclusions of law based upon those facts and a
decision which is advisory to the fire chief and subject to
appeal as provided herein.
4. Conflict of Interest. The examiner shall not
conduct or participate in any hearinG or decision in which the
examiner has a direct or indirect personal interest which
might exert such influence upon the examiner that might
interfere with his/her decision-makinG process. ~ly actual or
potential conflict of interest shall be disclosed by the
HearinG Examiner to the parties immediately upon discovery of
such conflict. Participants in the hearinG process have the
right, insofar as possible, to have the examiner free from
personal interest or pre-hearinG contacts on issues considered
Ordinance No. 5186
Exhibit '~A"
December 14, 1998
Page 3
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by him/her. It is recognized that there is a countervailin9
public right to free access to public officials on any matter.
If such personal or pre-hearin9 interest contact impairs the
examiner's ability to act on the matter, the hearing examiner
shall state and shall abstain therefrom to the end that the
proceeding is fair and has the appearance of fairness, unless
all parties agree in writing to have the matter heard by said
examiner. If all parties do not agree and the hearing
examiner must abstain, the Mayor shall be notified and the
Mayor shall appoint a hearing examiner pro rem to sit in the
hearing examiner's stead.
5. Freedom from Improper Influence. No council member,
City official, or any other person shall attempt to interfere
with, or improperly influence the examiner or examiner pro
tempore in the performance of his/her designated duties.
6. Duties of the Examiner. Applications and decisions.
For cases and actions as prescribed by ordinance, the Examiner
shall receive and examine available information, conduct
public hearings, prepare a record thereof, and enter
recommended findings of fact, conclusions of law based upon
those facts and a recommended decision to the fire chief. The
fire chief may affirm, reverse or modify the Examiner's
recommended findings of fact, conclusions of law and decision.
The fire chief's action on the Examiner's recommended findings
of fact, conclusions of law and decision is final action
subject to appeal as provided herein.
7. Application of Appeal and Filing Fee.
a. Form of Appeal. Any person receiving a decision or
determination made by the fire chief or his designee relative
to the application and interpretation of this code: may appeal
such determination or decision under this code by paying the
Two Hundred Fifty Dollar ($250.00) filin9 fee and filin9 at
Ordinance No. 5186
Exhibit "A"
December 14, 1998
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the office of the fire chief a written application of appeal
containing:
1. A headin9 in the words: "Before the Hearing
Examiner of the City of Auburn".
2. A caption reading: "Appeal of Fire Chief
Decision or Determination," 9ivin~ the names of all
appellants participatin~ in the appeal.
3. A brief statement setting forth the legal
interest of each of the appellants in the buildin~ or the
land involved in the determination or decision.
4. A brief statement in ordinary and concise
language of the specific action protested, to~ether with
any material facts claimed to support the contentions of
the appellant.
5. A brief statement in ordinary and concise
language of the relief sought and the reasons why it is
claimed the protested action should be reversed, modified
or otherwise set aside.
6. The signatures of all parties named as
appellants and their official mailing addresses.
7. The verification (by declaration under penalty
of perjury) of at least one appellant as to the truth of
the matters stated in the appeal.
8. The application of appeal shall be filed within
30 days from the date of the fire chief's determination
or decision; provided, however that if a building or
structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the
public or adjacent property and is ordered vacated, such
application of appeal shall be filed within 10 days from
the date of the fire chief's decision or determination.
Ordinance No. 5186
Exhibit
December 14, 1998
Page 5
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b. Processing Application of Appeal. Upon receipt of
any application of appeal filed pursuant to this section
together with the Two Hundred Fifty Dollar ($250.00) filing
fee, the fire chief shall within two (2) working days of
receipt of an application determine whether the application is
complete. If complete, the application shall be accepted. If
not complete, the fire chief shall request that the applicant
provide additional information as necessary to complete the
application. The applicant shall be advised of the date of
acceptance of the application.
c. Scheduling and Noticing Appeal for Hearing. As soon
as practicable after acceptance of the written application of
appeal, the examiner shall fix a date, time and place for the
hearing of the appeal. Such date shall be not less than 10
days nor more than 90 days from the date the application of
appeal was filed with the fire chief. Written notice of the
time and place of the hearing shall be given at least 10 days
prior to the date of the hearing to each appellant by the
examiner either by causing a copy of such notice to be
delivered to the appellant personally or by mailing a copy
thereof, postage prepaid, addressed to the appellant at his
address shown on the appeal.
8. Effect of Failure to Appeal. Failure of any person
to file an appeal in accordance with provisions of this
section shall constitute a waiver of any right to an
administrative hearing and adjudication of the fire chief's
decisions or determinations.
9. Scope of Hearing on Appeal. Only those matters or
issues specifically raised by the appellant shall be
considered in the hearing of the appeal.
10. Hearing Procedures:
Ordinance No. 5186
Exhibit "A"
December 14, 1998
Page 6
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a. Record. A record of the entire proceedings
shall be made by tape recording or by any other means of
permanent recording determined to be appropriate by the
examiner.
b. Reporting. The proceedings at the hearing
shall also be reported by a phonographic reporter if
requested by any party thereto. A transcript of the
proceedings shall be made available to all parties upon
request and upon payment of the fee prescribed therefor.
Such fee may be established by the examiner, but shall in
no event be greater than the cost involved.
c. Continuances. The examiner may grant
continuances for good cause shown.
d. Oaths Certification. In any proceedings
under this section, the examiner has the power to
administer oaths and affirmations and to certify to
official acts.
e. Reasonable Dispatch. The examiner shall
proceed with reasonable dispatch to conclude any matter
before it. Due regard shall be shown for the convenience
and necessity of any parties or their representatives.
f. Notice of Hearing. The notice to appellant
shall be substantially in the following form, but may
include other information:
"You are hereby notified that a hearing
will be held before (name of hearing
examiner) at on the day of
, 19 , at the hour of , upon
the notice a~ order served upon y----~u. You
may be present at the hearing. You may
present any relevant evidence and will be
given full opportunity to cross-examine
all witnesses testifying against you. You
may request the issuance of subpoenas to
compel the attendance of witnesses and tlae
production of books, documents or other
things by filing an affidavit therefor
with (name of hearing examiner)."
Subpoenas.
1. The examiner may issue subpoenas for the
attendance of witnesses or the production of other
evidence at a hearing upon the written demand of any
party. The issuance and service of such subpoena
shall be obtained upon the filing of an affidavit
Ordinance No. 5186
Exhibit "A"
December 14, 1998
Page 7
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therefor which states the name and address of the
proposed witness; specifies the exact things sought
to be produced and the materiality thereof in detail
to the issues involved; and states that the witness
has the desired things in his possession or under
his control. A subpoena need not be issued when the
affidavit is defective in any particular.
2. Penalties. Any person who refuses without
lawful excuse to attend any hearing or to produce
material evidence in his possession or under his
control as required by any subpoena served upon such
person as provided for herein shall be guilty of a
misdemeanor and penalized as provided in ACC 1.24.
h. Conduct of Hearing.
1. Rules. Hearings need not be conducted
according to the technical rules :~elating to
evidence and witnesses.
2. Oral Evidence. Oral evidence shall be
taken only on oath or affirmation.
3. Hearsay Evidence. Hearsay evidence may be
used for the purpose of supplementing or explaining
any direct evidence, but shall not be s'afficient in
itself to support a finding unless it would be
admissible over objection in civil actions in courts
of competent jurisdiction in this state.
4. Admissibility of Evidence. Any relevant
evidence shall be admitted if it is 'the type of
evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs,
regardless of the existence of any common law or
statutory rule which might make improper the
admission of such evidence over objection in civil
actions in courts of competent jurisdiction in this
state.
5. Exclusion of Evidence. Irrelevant and
unduly repetitious evidence shall be excluded.
6. Rights of Parties. Each party shall have
these rights among others:
(a) To call and examine witnesses on any
matter relevant to the issues of the hearing;
(b) To introduce documentary .and physical
evidence;
(c) To cross-examine opposing witnesses
on any matter relevant to the issues of the
hearing;
Ordinance No. 5186
Exhibit '~A"
December 14, 1998
Page 8
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(d) To impeach any witness regardless of
which party first called him to testify;
(e) To rebut the evidence against him;
(f) To represent himself or to be
represented by anyone of his choice who is
lawfully permitted to do so.
7. Official Notice.
(a) What may be noticed. In reachin9 a decision,
official notice may be taken, either before or after
submission of the case for decision, of any fact which may be
judicially noticed by the courts of this state or official
records of departments and ordinances of the city.
(b) Parties to be notified. Parties preaent at the
hearing shall be informed of the matters to be noticed, and
these matters shall be noted in the record, referred to
therein, or appended thereto.
(c) Opportunity to refute. Parties present at the
hearing shall be given a reasonable opportunity, on request,
to refute the official noticed matters by evidence or by
written or oral presentation of authority, the manner of such
refutation to be determined by the hearing examiner.
(d) Inspection of the premises. The hearing examiner
may inspect any building or premises involved in the appeal
during the course of the hearing, provided that (i) notice of
such inspection shall be given to the parties before the
inspection is made, (ii) the parties are given an opportunity
to be present during the inspection, and (iii) or the hearin9
examiner shall state for the record upon completion of the
inspection the material facts observed and the conclusions
drawn therefrom. Each party then shall have a right to rebut
or explain the matters so stated by the hearing examiner.
8. Limitations of Testimony. The examiner has the
right to limit the time a witness may testify.
9. Form and Effective Date of Decision. Both the
Hearing Examiner's recommended decision and the Fire Chief's
final decision shall be in writing and shall contain findings
of fact, conclusions of law, a determination of the issues
presented, and the requirements to be complied with. A copy
of the recommended decision and the final decision shall be
delivered to the appellant personally or sent to him by
Ordinance No. 5186
Exhibit "A"
December 14, 1998
Page 9
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certified mail, postage prepaid, return receipt; requested.
The effective date of the final decision shall be as stated
therein.
10. Rights Granted Right to Appeal. Nothing in this
Section shall be construed as granting any right of judicial
review which does not previously exist in law. 'The decision
of the examiner or examiner pro tem shall be adwisory to the
fire chief and the fire chief's decision shall be final and
exclusive. A writ of review must be sought in the Superior
Court of King County, if at all, by an aggrieved party or
person.
11. Limitations of Authority. The examiner shall have
no authority relative to interpretation of the administrative
provisions of this code or the technical codes nor shall the
examiner be empowered to waive requirements of this code or
the technical codes.
Ordinance No. 5186
Exhibit ~A"
December 14, 1998
Page 10
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15.36.030
Section 8101 amended housekeepinq amd
maintenance.
Uniform Fire Code Article 81 Section 8101.6 is amended to
read as follows:
8101.6.7 Siqnaqe.
Ordinance No. 5186
Exhibit "A"
December 14, 1998
Page 11
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Facilitles desiqned in accordance with ~h{. article shall
include the appropriate siqnaqe (as shown below) ~ shall b~
ProPerty Posted.
Example of approved sicrnaqe required for use of Section
8101.6.7, as amended=
BLACK LETTERS (TWO INCH HIGH)
,,,
5"~ I NO STACKING,~OVE THIS LINE
5" BY ORDER OFTHE FIRE MARSHAL
/
RED LE ~ rERS
(TWO INCH)
'ENAMEL
\ PAINT
\
RED S~'RIPE A.F~.
This siqn must be posted prior to buil~i~q beinq fixtured
and occupied.
Mount siqns at 50'0" O.C. on all walls startinq 25'0"
from any exterior corner; also on two sides of each
column.
Siqna~e required on end of racks, if installed.
In accordance with the Uniform Fire Code. as -m~nded
15.36.040
Section 8702
construction,
building.
amended Fire safety during
alteration or demolition of a
Uniform Fire Code Article 87 Section 8702 is amended to
read as follows:
Section 8702 - Permits
Ordinance No. 5186
Exhibit "A"
December 14, 1998
Page 12
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For permits to conduct asbestos-removal operations
regulated by Section 8706, see Section 105, Permit a.4.
A copy of an approved permit from the regional pollution
authority which is delivered to the chief, shall meet the
permit requirements in this section.
15.36.050 Appendix III-A Section 5 amended - Fire flow
requirements for buildings.
Uniform Fire Code Appendix III-A Section 5 is amended to
read as follows:
5. FIRE-FLOW REQUIREMENTS FOR BUILDINGS.
(a) One-Family Dwellings. The minimum fire flow
and flow duration requirements for one-family
dwellings having a fire area which does not exceed
3,600 square feet shall be 1,000 gallons per minute
for thirty (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: A reduction in
required fire flow of 50 percent, as approved by the
chief, is allowed when the building is provided with
an approved automatic sprinkler system.
(b) Buildings other than One-Family Dwellings. The
minimum fire flow and flow duration for buildings
other than one-family dwellings shall be as
specified in Table No. A-III-A-1. 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 minute.
Ordinance No. 5186
Exhibit "A"
December 14, 1998
Page 13
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Note: Table No. A-III-A-1 entitled
Fire Flow and Flow Duration for Buildings"
this section.
"Minimum Required
is not amended by
15.36.060 Definitions.
Whenever the word "municipality" is used in the Uniform
Fire Code, it means the city.
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.
15.36.070 Violation - Penalty.
Any person who violates any of the provisions of the fire
code or fire standards or appendices adopted in Cihapter 15.38
ACC and/or this chapter or ~ails to comply therewith, or who
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 thereunder, 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 fire chief or by a court
of competent jurisdiction, within the time fixed therein, is
severally for each and every such violation and noncompliance
respectively 9uilty of a misdemeanor, punishable by a jail
term not to exceed 90 days and/or a fine not to exceed $1,000.
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 reasonable time; and when no~ otherwise
specified, each 10 days that prohibited conditions are
maintained constitutes a separate offense.
Ordinance No. 5186
Exhibit
December I4, 1998
Page 14