650_00001ORDINANCE NO.650
AN ORDINANCE ADOPTING A UNIFORM FIRE CODE PRESCRIBINGREGULATIONSGOVERNINGCONDITIONSHAZARDOUSTOLIPEANDPROPERTYPROMFIREOREXPLOSION,AND ESTABLISHING ABUREAUOFFIREPREVENTIONANDPROVIDINGOFPICERSTHEREFORDEFININGTHEIRPOWERSANDDIJTIES,AND REPEALING ORDINANCE208,545 AND ALL OTHER ORDINANCES AND PARTSOF ORDINANCESINCONFLICTHEREWITH,AND REPEALING CHAPTER 3.32 AND 3.34iOFTHEMOSESLAKECITYCODE.
Se it ordained by the City Council ot the City of Moses Lake.
Geo.1.ADOPTION OP UNIFORM FIRE CODE
There is hereby adopted by the City Council of the City of Moses Lake for thepurposeofprescribingregulationsgoverningconditionshazardoustolifeandpropertyfromfireorexplosion,that certain Code known as the Uniform FireCoderecommendedbytheWesternFireChiefsAssociationandtheInterna-tional Conference of Building Officials being particularly the 1971 editionthereofandthewholethereof,save and except such portions as are herein-after deleted,modified or amended by Section 4 of this ordinance of whichGodenotlessthanthree(3)copies have been and are now filed in the officeoftheClerkoftheCityofMosesLakeandthesameareherebyadoptedandincorporatedasfullyasifsetoutatlengthherein,and from the date onwhichthisordinanceshalltakeeffect,the provision thereof shall be con-trolling within the limits of the City of Moses Lake.
Sec.2.ESTABLISHMENTAND DUTIES OF BUREAUOF PIRE PREVENTION
(a)The Uniform Pire Code shall be enforced by the Bureau of Fire PreventionintheFireDepartmentoftheCityofMosesLake,which is hereby establishedandwhichshallbeoperatedunderthesupervisionoftheChiefoftheFireDepartment.
i .(b)The Chief (orFire Marshal)in charge of the Bureau of Fire PreventionshallbeappointedbytheCityManageronthebasisofexaminationtodeter-mine his qualifications .
(c)The Chief of the Pire Department may detail such members of the FireDepartmentasinspectorsasshallfromtimetotimebenecessary.TheChiefoftheFireDepartmentshallrecommendtotheCityManagertheem-ployment of technical inspectors,who,when such authorization is made,shall be selected through an examination to determine their fitness for theposition.The examination may be open to members and/or nonmembers -of the Fire Department,and appointments made after examination shall beforanindefinitetermwithremovalonlyforcause.
Sec.3.DEFINITIONS
(a)Wherever the word "jurisdiction"is used in the Uniform Fire Code,itshallbeheldtomeantheareawithinthecitylimitsoftheCityofMosesLake.
(b)Wherever the term "Corporation Counsel"is used in the Uniform Fire
Code,it shall be held to mean the Attorney for the City of Moses Iake.
(c)Wherever the words "Chief of the Bureau of Fire Prevention"are uëedtheyshallbeheldtomean"Fire Marshal".
Sea.4.AMENDMENTS MADE IN THE UNIFORM FIRE CODE
(a)The Uniform Fire Code is amended and changed in the following respects:
Section 12.102,and Section 12.103 are hereby repealed.
(b)Section 15.704 (F)is amended to read as followsr
Special Type Dispensers
All self-service dispensers of gasoline or other flammable liquids shallbeinstalledinsuchamannerthattheynecessitatere-activation by theattendantaftereachdeliveryofproduct.Each self-service island shallalsobeprotectedbyanemergencyshut-off switch.
Location of emergency shut-off switches and switches to re-activate dis-
pensers shall be acceptable to authority having jurisdiction.
Where full servîce islands are operated in addition to the self-service;
an additional emergency shut-off switch shall be installed at the fullserviceIsland.
There shall be at least one qualified attendant on duty while the stationisopentothepublic.
The attendants primary function shall be to supervise,observe and con-trol the dispensing of Class I liquids while said liquids are being.dis-pensed.It shall be the responsibility of the attendant to prevent thedispensingofClassIliquidsintoportablecontainersnotincompliancewithSection15.703 (d),control sources of ignition,and to immediatelyhandleaccidentalspillsandfireextinguishersifneeded.
1.The attendant or supervisor on duty shall be capable of per-forming the functions and assuming the responsibilities coveredinthissection.
.2 .Instructions for the operation of dispensers shall be conspic-uously posted.
3.Remote preset type devices are to be in the off position while
not in use so that dispenser cannot be activated without the
knowledge of the attendant.
Sec.5 .APPEALS
Whenever the Chief 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 orwronglyinterpreted,the applicant may appeal from the decision of the Chief
to Uniform Building.Code Board of,Appeals within 30 days from the date of thedecisionappealed.
Sec.6.NEW MATERIALS,PROCESSES OR OCCUPANCIES WHICH MAY
.REQUIRE PERMITS
The City Manager,the Chief and the Chief of the Bureau of Fire Prevention
shall act as a committee to determine and specify,after giving affected
persons an opportunity to be heard,any new materials,processes or occu-pancies,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,ancl distribute copies thereof to
interested persons.
Sec.7.PENALTIES
(a)Any person who shall violate any of the provisions of this Code hereby
adopted or fall to comply therewith,or who shall violate or fall to comply
with any order made thereunder,or who shall build in violation of any de-
tailed 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 shall fail to coinply with such an order as affirmed or modi-
fled by the Uniform Building Code Board of Appeals,or by a court of competentfurtsdiction,within the time fixed herein,shall severally for each and everysuchviolationandnoncompliancerespectivelybeguiltyofamisdemeanor,
punishable by a fine of not more than $500.00 or by imprisonment for not morethan90days,or by both such fine and imprisonment.The imposition of onepenaltyforanyviolationshallnotexcusetheviolationorpermitittocontinue;
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 separateoffense.
(b)The application of the above penalty shall not be held to prevent theenforcedremovalofprohibitedconditions.
Sec.8.REPEALOF CONFLICTING ORDINANCES
Ordinance 208 and 545,and Chapter 3.32 and 3.34 of the ffoses Lake CityCode,and all former ordinances or chapters or parts thereof conflicting orinconsistentwiththeprovisionsofthisordinanceoroftheCodeherebyadoptedareherebyrepealed.
Sec.9.VALIDITY
In the event that any section,part or portion of this Ordinance shall be heldinvalidorunconstitutional,such holding shall in no manner be construed asaffectingthevalidityoranyotherpartorportionofthisOrdinance.
Sec.10.EFFECTIVE DATE
That this ordinance shall take effect and be in force five (5)days after itspassageandpublicationasprovidedbylaw.
PASSED by the City Council and APPROVEDby its Mayor this 12th day of
September ,1972 .
Mayo M.Skaug
ATTEST:
01 ler -Charles Davenp
APPROVEDAS TO FORM:
Attorneydohn E.Calbom