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HomeMy WebLinkAbout1703ORDINANCE NO. 1 '70,9 ,AN ORDINANCE adopting a Fire Prevention Code prescribing regulations governing conditions hazardous to life and property from fire or explosion, and establishing a Bureau of Fire Prevention and providing officers therefor and defining their powers and duties, and providing penalties and repealing prior ordinances. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES: Section 1. Adoption of Fire Prevention Code. There is hereby adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American In- surance Association, being particularly the 1970 edition thereof and the whole thereof, of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Port Angeles, and the same are hereby adopted and in- corporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Port Angeles. Section 2. Establishment and Duties of Bureau of Fire Prevention. (a) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Port Angeles which is hereby established and which shall be oper- ated under the supervision of the Chief of the Fire Department. The Chief of the Fire Department shall be the Chief of the Bureau of Fire Prevention. (b) The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recom- mend to the proper appointing authority the employment of techni- cal inspectors, who, when such authorization is made, shall be se- lected through an examination to determine their fitness for the position. The examination shall be open to members and non- members of the Fire Department, and appointments made after exam- ination shall be for an indefinite term with removal only for cause. (c) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this Code, and such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to the Code which, in his judgment, shall be desirable. Section 3. Definitions. (a) Wherever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the City of Port Angeles. (b) Wherever the term "Corporation Counsel" is used in the Fire Prevention Code, it shall be held to mean the attorney for the City of Port Angeles. Section 4. Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited. The limits referred to in Section 12.5b of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: First and Second Fire Zones as prescribed in Ordinance No. 1546 and sub- sequent ordinances amending the same. Section 5. Establishment of Limits of Districts in which Storage of Flammable Liquids in Outside Aboveground Tanks is to be Prohibited. (a) The limits referred to in Section 16.22a of the Fire Prevention Code in which storage of flammable liquids in out- side aboveground tanks is prohibited, are hereby established as follows: in all zone classifications except M -1 and M -2 as pre- scribed in Ordinance 1621 and subsequent ordinances :amending the same. (b) The limits referred to in Section 16.61 of the Fire Prevention Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: all zone classifications, except M -1 and M -2 as pre- scribed in Ordinance 1621 and subsequent ordinances amending the same. Section 6. Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in Section 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: all zone classi- fications except M -1 and M -2 as prescribed in Ordinance /701 and subsequent ordinances amending the same. Section 7. Modifications. The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict leeter of the Code, provided that the spirit of the Code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 8. Appeals. Whenever the Chief of the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Bureau of Fire Prevention to the City Council within 30 days from the date of the decision ap- pealed. Section 9. New Materials, Processes or Occupancies which may Require Permits. The City Manager, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an oppor- tunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said Code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copes thereof to interested persons. Section 10. Penalties. (a) Any person who shall violate any of the provisions of the Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement or specifi- cations or plans submitted and approved thereunder, or any certifi- cate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the City Council or by a court of competent jurisdic- tion, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $25.00 nor r• nor more than $500.00 or by imprisonment for not less than two days nor more than 180 days, or by both such fine and imprison- ment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 11. Repeal of Conflicting Ordinances. Section 13.1, Section 13.21 through Section 13.33 of the Code of the City of Port Angeles and Ordinance 1581 and all former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code hereby adopted are hereby repealed. Section 12. Validity. The City Council of the City of Port Angeles hereby de- clares that should any section, paragraph, sentence, or word of this ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 13. Date of Effect. This ordinance shall take effect and be in force from and after its approval and publication as required by law. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of the Council held on P. the / day of December, 1970. Attest: City Clerk Approved as to form: (//ef 19/9 ney PUBLISHED: De C e m b cv" 4 i9'7d