Loading...
715_00001ORDINANCE NO.715 AN ORDINANCE REPEALING EXISTING CHAPTER 3.32 (ORDINANCE I NO.650)OF THE MOSES LAKE CITY CODE AND ENACTING A NEW CHAPTElt 3.32 REFERTIED TO AS THE "FIRE CODE"BY ADOVilNG THE 1973 EDI- TION OF THE UNIFORM FIRE CODE,EXCliPT AS DELETED,MODIFIED OR AMENDED BY THIS ORDINANCE, THE Cili COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON DOES ORDAIN AS FOLLOWS: 3.32.04 ADOPTION OF UNIFORM FIRE CODF There is adopted by the City Council of the City of Moses Lake for the purpose of prescribing regula- tîons governing conditions hazardous to life and property from fire or explosion,that certain code imown as the Uniform Fire Code recommended by the Western Fire Chiefs Association and the Inter- national Conference of Buildíng Officials being particularly the 1973 edition thereof and the whole thereof luoluding appendices,save and except such portions as are hereinafter deleted,modifiedor amended by Section 3.33.16 of which code not less than three copies have been and are now filed in the office of the Clerk of the City of Moses Lake and the same are adopted and incorporated as fully as if set out at length herein,and from the date on which this ordinanceshall take effect,the provision thereof shall be controlling within the limits of the City of Moses Lake. 3.32.08 EXTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION (a)The Uniform Fire Code shall be enforced by the bureau of fire prevention in the Fire Depart- ment of the City of Moses Lake,which is established and which shall be operated under the supervision of the Chief of the Fire Department. (b)The Chief (or Fire Marshal)in charge of the Bureau of Fire Prevention shall be appointed by the City Manager on the basis of examination to determine his qualifications. i (c)The Chief of the Fire Department may detail such members of the Fire Departraent as inspectors as shall from time to time be necessary.The Chief of the Fire Department shall recommend to the City Manager the employment of technical inspectors,who, when such authorization is made,shall be selected through an examination to determine their fitness for the position.The examination may be open to members and/or non- members of the Fire Department,and appointments made after examination shall be for an indefinite term with removal only for cause. 3.32.12 DEFINITIONS (a)Wherever "jurisdiction"is used in the Uniform Fire Code,it means the area within the city limits of the City of Moses Lake. (b)Wherever "corporationcounsol"is used in the Uniform Fire Code,it means the attorney for the City of Moses Lake. (c)Wherever "Chief of the Bureau of Fire Prevention"is used it means the Fire Marshal. (d)Whever the words "bythe authority of the Fire Chief"or "Approval of the Fire Chief" appear,his decision shall be based on nationally recognized standards. 3.32.16 AMENDMENTS MADE IN TFIE UNIFORM FIRE CODE (a)The Uniform Fire Code is amended and changed in the following respects: Section 12.102,and section12.103 are hereby repealed. (b)Section 15.704 (F)is amended to read as follows: Special Type Dispensers All self-service dispensers of gasoline or other flammable liquids shall be Ínstalled in such a manner that they necessitate re-activation by the attendant after each delivery of product.Each self-service shall also be protected by an emergency shut-off switch. Location of emergency shut-off switches and switches to re-activate dispensers shall be acceptable to authority having jurisdiction. ORDINANCE NO.715 :2 iWherefullserviceislandsareoperatedinadditiontotheself-service;anadditionalemergencyshut-off switch shall be installed at the full service island. There shall be at least one qualified attendant on duty while the statîon is open to the public. The attendants primary function shall be to supervise,observe and control the dispensing of Class I liquids while said liquids are being dispensed.ItshallhetheresponsibilityoftheattendanttopreventthedispensingofClass I liquids into portable containers not in compliance with Section 15.703 (d),control sources of ignition,and to immediately handle accidental spills and fire extinguishers if needed. 1.The attendant or supervisor on duty shall be capable of.perform- ing the functions and assuming the responsibilities covered in this section. 2.Instructions for the operation of dispensers shall be conspicuously posted. 3.Remote preset typedevices are tobe in the off position while not in use so that dispenser cannot be activated without the Imowledge of the attendant. (0)Appendix D. N.F.P.A.National Fire Codes 1971 -1972 amend to read as follows: National Fire Codes most recent edition. 3.32.20 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 or wrongly interpreted,the applicant may appeal from the decision of the Chief toUniformBuildingCodeBoardofAppealswithinthirtydaysfromthedateofthedecisionappealed. 8.32.24 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 todetermineandspecify,after giving affected persons an opportunity 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 copies thereof to interested persons. 3.32.28 PENALTIES (a)Any person who violates any of the provisions of this code hereby adopted or fails tocomplytherewith,or who violates or fails to comply with any order made thereunder, or who builda 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 shall fail to comply with such an order as affirmed or modified by the Uniform Building Code Board of Appeal,or by a court of competent jurisdiction,within the time fixed herein,shall severally for each and every such violation and upncompliance respectively be guilty of a misdemeanor,punishable by a fine of not more than five hundred dollars or by imprisonment for not more t,han ninety days,or both such fine and imprisonment.The imposition of one penahy for any violaa tion shall not excuse the violation or permit it to continue;and all such persons éban be reqûlred to correct or remedy such violations or defects within a reasonable time;and when not otherwise specified,each ten days that prohibited conditions are mµintained shall constitute a separate offense. ORDINANCE NO.715 :3 i (b)The application of the above penalty shall not be held to prevent the enforced removalofprolubitedconditions. 3,32.32 EXISTING CHAPTER 3.32 (ORDINANCE NO.650)OF THE MOSES LAKE CITY CODE ISHEREBYREPEALED. 3,32.36 VALIDITY In the event that any section,part or portion of this chapter is held invalid or unconstitutional,suchholdingshallinnomannerbeconstruedasaffectingthevandityoranyotherpartorportionofthischapter. PASSED by the City Council and APPROVED by the Mayor of the City of Moses Lake the 28th day of January ,,1975 . Gordon M.Ebbert,Mayor ATTEST: R.R.Gagnier,City Clerk APPROVED AS TO FORM: Jo E.Calbom,City Attorney