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HomeMy WebLinkAbout2563ORDINANCE NO. 2563 AN ORDINANCE of the City of Port Angeles related to the licensing and regulating the business of servicing, inspecting, testing, charging and maintenance of portable fire extinguishers within the City of Port Angeles and adding a new Chapter, 5.90, of the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, as follows: Section 1. There is hereby added a new chapter, Chapter 5.90, to the Port Angeles Municipal Code, to read as follows: Chapter 5.90 FIRE EXTINGUISHER SERVICE BUSINESS LICENSE Sections: 5.90.010 Definitions. 5.90.020 License - Required. 5.90.030 License - Application Requirements. 5.90.040 Licensees - Performance of Duties. 5.90.050 Insurance - Required. 5.90.060 License Non - Transferable. The following definitions shall apply to the provisions of this Chapter: A. "Portable fire extinguisher" means any container holding or intending to hold any extinguishing agent except motorized fire vehicles, fire hose and fixed extinguishing systems. B. "Test" means to subject any portable fire extinguisher to any procedure necessary to determine its capability to operate properly. C. "Service" means the act of charging, recharging, inspect -ing or hydrostatic testing of any portable fire extinguisher. D. "Inspect" means a visual examination of the exterior of any portable fire extinguisher to determine its apparent - 1 - condition, or weighing any compressed gas cylinder, or both. E. "Charge" means any chemical or substance used or intended for use in any portable fire extinguisher for the purpose of expelling an extinguishing agent, or any chemical or substance used or intended for use as an extinguishing agent, or both. F. "Charging" means the act of placing any "charge" within any portable fire extinguisher. 5.90.020 License - Required. A. No person shall engage in the business of, or perform for a fee, the servicing, inspecting, testing, charging or maintenance of portable fire extinguishers in the City, without first securing from the City Clerk a business license for such purpose. B. No person other than a licensee under this chapter shall display any sign or other advertising device in or about a place of business within the City, or in any advertising matter, printed matter or other form of private or commercial display or solicitation, hold himself out to the public as being in the business of servicing, inspecting, testing, charging or maintaining portable fire extinguishers in the City. 5.90.030 License - Application Requirements. In addition to all other information required of an applicant for a business license, an applicant for portable fire extinguisher service license shall provide: A. A list of current employees filed with the City Clerk, which list is to be updated at least annually. B. A Certificate of insurance as required by this Chapter which shall contain an endorsement providing that thirty (30) days' notice to the City will be given by the insurance company in the event of any material change or cancellation in the insurance. - 2 - 5.90.040 Licensees - Performance of Duties. As a condition of the issuance of a license under this section, the applicant agrees to the following: A. The applicant shall conform to all Uniform Fire Code (UFC) and National Fire Protection Association (NFPA) Standards relating to the servicing, inspection, testing, charging, and maintenance of portable fire extinguishers in a professional, workman -like manner as determined by the Chief of the Fire Department of Port Angeles or his designee. B. No applicant shall make any misrepresentation to the public as to any provision of the Uniform Fire Code (UFC) or National Fire Protection Association (NFPA) Standards relating to the servicing, inspection, testing, charging and maintenance of portable fire extinguishers. C. No applicant shall conduct his licensed business or solicit business under a name other than the name or names which appear(s) on the business license issued. D. The applicant will adhere to the requirements of the Chief of the Port Angeles Fire Department, or his designee, relating to the method and manner of marking of components of the fire extinguishers serviced. Beginning January 1 of each year, the Chief or his designee shall assign a method and manner to be used. 5.90.050 Insurance - Required. A. No business license shall be issued for the operation of a business for servicing, inspection, testing, charging, or maintenance of portable fire extinguishers, until the applicant provides proof of public liability insurance that would provide coverage in the event of liability of the applicant for bodily injury or death as a result of any accidents or occurrence arising out of the business operation of the applicant. The minimum coverage shall be $300,000 for combined bodily injury and property damage. - 3 - B. Every insurance policy required under this section shall contain a provision for continuing liability thereunder to the full amount thereof, not withstanding any recovery thereon, but the liability of the insurer shall not be affected by the insolvency or bankruptcy of the insured, and that until the policy is revoked, the insurance company shall not be relieved from liability on account of non - payment of premium, failure to renew license at the end of the year, or any other act or omission of the name insured. C. Every insurance policy required under this section shall extend for the period to be covered by the license applied for and the insurer shall be required to give not less than 30 days written notice to the City Clerk and to the insured before any cancellation or termination of the policy earlier than its expiration date, and the cancellation or other termination of any such policy shall automatically revoke and terminate any license issued to the applicant, unless a substitute insurance policy complying with the provisions of this section shall be provided and be in effect at or prior to the time of such cancellation or termination. 5.90.060 License Non - Transferable. Licenses issued under this Chapter are not transferable to any other person or firm. Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstance, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect five days after publication. - 4 - PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of ,/ AT9EST: January , 1990. "7 M A Y 0 ki ti'/ ) ii1!( Michelle M. Maike, City Clerk APPRO D AS TO FORM: Craig D PUBLISHED: 07.89 utson, City Attorney 1/21/90 - 5 -