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HomeMy WebLinkAboutO-0561 - Adopting Fire Prevention Code (Repealed by 850)An Ordinance adopting a fire prevention code;prescribing regulations governing conditions hazardous to life and property from fire and explosion;and providing penalties. Section 1.5 Dangerous buildings or places defined and declared to be a nuisance,and standards of repair and correction or demolition. A.Article 13 of the Fire Prevention Code,as recommended by the American Insurance Association,1965 Edition,is hereby deleted. B.Section 1.5 of the Fire Prevention Code recommended by the American Insurance Association,1965 Edition,is hereby amended to read as follows: :;J f~c &$ ORDINANCE NO.561 Wherever the word "Municipality"is used in the code hereby adopted,it shall be held to mean the City of Marysville. SECTION 4:Establishment of Limits of Districts in Which Storage of Flaemable Li~uidS in Outside Aboveground Tanks n and Bulk Storage of L quefied Petroleum Gases is to be estricted. The limits referred to in Section 16.22a of the code hereby adopted in which storage of flammable liquids in outside aboveground tanks is prohibited,and the limits referred to in Section 21.6 of the code hereby adopted,in which bulk storage of liquefied petroleum gas is restricted,and those of Section 16.51 referring to new Bulk Plants are hereby established as follows:Within the corporate limits of the City of Marysville. SECTION 5:Amendments Made in the Code Hereby Adopted. The code hereby adopted is amended and changed in the following respects: THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO ORDAIN AS FOLLOWS: SECTION 1:Adoption of Fire Prevention Code. There is hereby adopted by the City of Marysville 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 Insurance Association, being particularly the 1965 edition thereof and the whole thereof,save and except such portions as are hereinafter deleted,modified or amended,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 Marysville and the same are hereby adopted and incorporated as fully as if set out at length herein,and the provisions thereof shall be controlling within the limits of the City of Marysville. SECTION "2:Enforcement. The code hereby adopted shall be enforced by the Chief of the Fire Department and he is hereby given the power of arrest for such purpose. SECTION 3:Definition. All buildings,structures,premises,places and yards which have any or all of the following conditions,shall be deemed dangerous buildings or places and are hereby declared to be a nuisance and shall be repaired,corrected,vacated,re- moved or demolished as hereinafter provided: 1.Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous material; 2.Hazardous conditions arising from defective or improper- ly installed equipment for handling or using combus- tibles or explosive or otherwise hazardous materials; 3.Dangerous accumulations of rubbish,waste paper,boxes, shavings,underbrush or other highly flammable materials; 4.Accumulations of dust or waste material in air con- ditioning or ventilator systems or grease in kitchen or other exhaust ducts; 5.Obstructions to or on fire escapes,stairs or passageways,doors or windows,liable to interfere with the operations of the fire department or egress of the occupants in case of fire; 6.Any building or structure which by reason of age or dilapidated condition or for want of repair is especially liable to fire or spread of fire; 7.Any building failing to have automatic or other fire alarm apparatus,or extinguishing equipment,suf- ficient to protect life and property from fire; 8.Any building having inadequate facilities for egress in case of fire or panic and having insufficient stairways,elevators,fire escapes or other means of communication; 9.Hotels and apartment houses more than one story in height with transoms or ventilating openings from guest rooms to public corridors; 10.Interior stairways,ramps or escalators in group "HI!occupancy,as defined in the Unifonn Building Code,1901 Edition,ECC 2.12.010,not enclosed with at least one hour of fire resistant construction. The follOWing standards shall be followed in substance by the Fire Marshal in ordering repairs,corrections,vacation or demolitions: 1,.If the dangerous building or conditions can rea- sonably be repaired or corrected so that it no longer exists in violation of the terms of this ordinance, it shall so be ordered repaired or corrected. Otherwise it shall be ordered demolished. 2.If the dangerous building or condition is in such condition as to make it dangerous to health,morals, safety or general welfare of its occupants,it shall be ordered vacated. Page 2 .. • C.That Section 1.6 of the suggested fire prevention code recommended by the American Insurance Association,1965 Edition,is amended to read as follows: Section 1.6 - FIRE MARSHAL ORDER -APPEAL. 1.The Chief of the ~~rysville Fire Department,or someone acting under his direction,shall order all dangerous structures,bUildings,places,conditions or materials to be removed,corrected,vacated or demolished in such manner as shall be specified and set forth in an order, which shall be in substantially the following form: FIRE MARSHAL ORDER City of Marysville TO:_ (Name of party to whom order is issued and description of premises or places by street address) You, and each of you,are hereby notified by the undersigned Fire Marshal that an inspection of the premises or place above described was made on the day of ,196 ,at which time there-was found upon said above described premises or place conditions particularly dangerous to the safety of persons and property and especially liable to fire or spread of fire;that said conditions found were as follows: (List findings-factually describing the conditions) NOW,THEREFORE YOU ARE HEREBY ORDERED TO: (Describe the manner in which the conditions are to be remedied in detail and time allowed to correct conditions) YOU ARE FURTHER HEREBY NOTIFIED that this order is made pursuant to Ordinance Number of the City of Marysville,which ordinance is on rile with the Clerk of the City of ~arysville and open for your inspection,and should you desire to appeal from said order the method of appeal is set forth therein. DATED at Marysville,~iashington,this __' day of________, 19__• Fire Marshal,City of Marysville 2.The service of Fire Marshal Orders,as herein pro- vided,for the correction of violations of this code or the Fire Prevention Code of the City of MarySVille, or the correction of dangerous or hazardous conditions, as herein defined shall be made upon the owner,or Page J •• ,," the occupant or tenant or other person responsible for such conditions,or the contract purchaser,or any person whose interest in such property appears of record on the real property index and r~cords and files of the Snohomish County AUditor,or such other person irlterested in such property or r'e spons fb.Le for such conditions,by delivering a copy of such order to such named iudividual,or by leaving it with a pp.rson of su.itable abe and discretion at the usual place of abode of such person being served. In event that such person cannot be served personally in the City of Marysville,then such Fire ~arshal Order may be served by delivering to and leaving with any person in charge of the premises a copy of such order, and by mailing by certified mail with return rpquest a copy of such order in an envelope with postage prepaid, addressed to the last known post office address of such individual. In event that no person can be found in charge of the premises,then such order may be sp.rved upon any of the persons or parties herein set forth by affixing or posting a copy of such order to the premises and by mailing a copy of such order to such named individual in an envelope addressed to such person,with postagp prepaid thpreon,to such individual's last known post office address. 3.If the buildings or other premises are owned by one per- son and occupied by another under a lease or leasehold agreement or oth~rwise,the orders issued in connection with enforcing this code and the Fire Prevention Code of th~City of Marysville shall apply to the occupant or tenant thereof,provided that if the person on whom the order is served is a tenant or occupying such premises under a lease or leasehold agreement or otherwise,then such individual shall be deemed to have complied with the Fire lV.arshal Order if the said tenant or lessee immediately closes and secures such a building,causes said premises to be vacated and locked,does not use or occupy said premises after receipt of such Fire Marshal Order,and takes such steps as may be reason- able to remove accumulations of combustible,explosive or otherwise hazardous materials. 4-.Appeal and Appeal Board - Any such Fire Marshal Order shall be forthwith complied with as set forth in said order within the time or times therein prescribed.Any person upon whom such order is served,may,within ten days after the service of such order,take an appeal of such order to the Marysville Fire Chief.If the Fire Chief upholds the ruling of the Fire Marshal a further appeal may be taken to the City Council. APPEAL FORM a.Steps on Appeal - Any person upon whom such Fire V~rshal Order has been served who desires to appeal the order therein set forth to the City Council shall comply with each and every step here- in set forth,which jurisdictional steps are as follows: 1')File two copies of notice of appeal with the City Clerk of the City of Marysville within Page 4- thirty daye after an adverse ruling by the Fi're Chief. b.In the event that any such person seeking a re- view before the City Council fails to comply with all of the steps herein set forth,then any member of said City Council,or the City Attorney for the City of Marysville may dismiss such appeal upon motion and if all of the steps for appeal have not been complied with,the appeal of such party shall be dismissed by the City Council. c.If such appeal is properly taken,the City Council shall,at its next regular meeting,review such order and file their decision thereon.In the event such order is sustained by a majority of the City Council, it shall be forthwith complied with,or as modified by the City Council if such modification order is entered.Unless by the authority of the City Council such order is revoked or modified,it shall remain in full force and effect and be complied with within the time fixed in said order or decision of the City Council.All decisions of the City Council ~hall be final,conclusive and binding upon the parties. SECTION 6:Modifications. The Chief of the Fire Department shall have power to modify any of the provisions of the code hereby adopted upon apr-lication in writing by the owner or lessee,or his duly authorized agent,when there are ~ractical difficulties in the way of carrying out the strict letter 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 Fire Department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. SECTION 7:Appeals. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a license or permit applied for,or when it is claimed th~t 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 Fire Department to the City Council within 30 days from the date of the decision by the Fire Chief. SECTION 8:New Materials,Processes or Occupancies Which May Require Permits. The Chief of the Fire Department shall act to determine and specify,after giving affected persons an opportunity to be hearO l any new materials,processes or occupancies,which shall require permits,in addition to those now enumerated in said code.The Chief of the Fire Department shall cause to have posted such list in a conspicuous place in his office,and distribute copies thereof to interested persona. Page 5 -•II I' .J r SECTION 9:Penalties. a)Any person who shall violate any of the provisions of the code hereby adopted o~fail to comply therewith,or who shall violate or fail to comply with any order made there- under,or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder,or any certificate or pemit issued thereunder, and from which no appeal has been taken,or who shall fail to comply with such an order as affirmed or modified by the City Councilor by a court of competent jurisdiction, 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 more than ~3JO.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment. The imposition of one penalty for any and all such persons shall be required to correct or remedy such violations or defects within a reasonable timej 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 10:Repeal of Conflicting Ordinances. 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 11:Validity. The City Council of the City of Marysville hereby declares that should any section,paragraph,sentence,or word of this ordinance or of the code hereby adopted be declared for any reason to be in- valid,it is the intent of said City Council that it would have passed all other portions of this ordinance independent of the elim- ination herefrom of any such portion as may be declared invalid. SECTION 12:This ordinance shall take effect and be in force from and after its passage,approval,and five days following its publication as required by law. PASSED by the Council of the City of Marysville,this 22nd day of August ,1966. CITY OF I~RYSVILLE ATTEST: /.'-",,.(.'J~1..(."':.1..'c;c'.:.,~;-;1--:-,.!-~~" i1.~(:t~.n'~&~a'n,l'/'/.,.i (,;L,(< City Attorney Page 6 t,