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HomeMy WebLinkAbout5186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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