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HomeMy WebLinkAboutReg 2006-09-05 Item 5E.1 - Ordinance - Amend Ord #2047 International Fire Code COUNCIL AGENDA SYNOPSIS ITEm No. of C s yS Wilds 19 i i 3feetLk Date 1 Prtpared Ir lfai or's /thew I Council r_rew 1. s N. e ,j 1 08/28/06 I DT 1 I S�J I 1 09/05/06 1 LLdh. 1 rsos I 1 1 1 I 5 i I I I I ITEM INFORMATION I CAS NUMBER: 06-099 I ORIGINAL AGENDA DATE: AUGUST 28, 2006 AGENDA ITEM TITLE Proposed amendments to standardizing language in certain sections of Fire Department ordinances. CATEGORY Drsnunon Motion Resolution Ordinance Bid Award Public Hearing p Other Mfg Date 08/28/06 Mtg Date Mtg Date .Aftg Date 09/05/06 lfta Date lftg Date hftg Date SPONSOR Counril Mayor Adrn Sour DCD Finance Fin Legal ❑P&P.. Police Pil%/ SPONSOR'S During some recent fire code enforcement action it was discovered that the various fire SU`L\LNRY code ordinances do not have the same wording in regard to appeals, exceptions, violations and penalties. The City Attorney has recommended that we align those sections for clearer interpretation and application in enforcement proceedings. REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: June 5, 2006 RECOMMENDATIONS: SPONSOR/ADMIN. Approve amended ordinances CONUITTEE Unanimous Approval; Forward to C.O.W. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED SO SO s Fund Source: N/A Corntnents: 1 MTG. DATE I RECORD OF COUNCIL ACTION 8/28/06 1 Forward to next Regular Meeting I MTG. DATE ATTACHMENTS 08/28/06 1 Information Memo dated 8/3/06 Summary of amendments to the 5 fire ordinances 1 Draft ordinances (5) 1 Finance Safety Committee minutes from 6/5/06 9/5/06 1 Final ordinances (5) 1 "08 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2047, AS CODIFIED AT CHAPTER 16.16, 'INTERNATIONAL FIRE CODE," OF THE TUKWILA MUNICIPAL CODE; AMENDING PROVISIONS FOR RE- INSPECTION FEES AND VIOLATION/PENALTIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City wishes to streamline the payment process for re- inspection fees and spot inspections, reducing staff time and increasing inspector productivity; and WHEREAS, to provide consistent penalties for non -compliance with the City's fire ordinances, the City wishes to designate these violations as gross misdemeanors, as defined by the Revised Code of Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2047, as codified at TMC 16.16.070 "Amendments to the International Fire Code," is hereby amended to read as follows: 16.16.070 Amendments to the International Fire Code. A. Portable fire extinguishers shall be installed in all occupancies. No exceptions will be allowed. B. Section 503 of the International Fire Code (2003 Edition) adopted by TMC Chapter 16.16 is hereby amended to read as follows: Section 503.2. 1. GENERAL. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. 2. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this section: a. "Fire apparatus access road(s)" means that area within any public right -of- way, easement, or private property designated for the purpose of permitting fire trucks and other firefighting or emergency equipment to use, travel upon and park. b. "Park," "Parking," "Stop," "Stand," or "Standing' means the halting of a vehicle, other than an emergency vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or fire official or traffic signal or sign. c. "Vehicle" means a machine propelled by power, other than human power, designed to travel along the ground or rail, by the use of wheels, treads, runners or slides, and shall include, without limitation, truck, automobile, trailer, motorcycle, tractor, buggy, wagon and Locomotive. 3. REQUIREMENTS STANDARDS. a. When required by the Fire Department, hard surfaced fire apparatus access road(s) shall be provided around facilities which, by their size, location, design CW oasrerts and SeWnce 11-ter ASctoa WISJATA\Or6r2r ur z ccal Tank Fie Code A,re &d.2cc DT:ksn 84112006 Page 1 of 5 or contents warrant access which exceeds that normally provided by the proximity of city streets. b. Fire apparatus access road(s) shall be required when any portion of an exterior wall of the first story is located more than 130 feet from Fire Department vehicle access. 4. SURFACE. Fire apparatus access road(s) shall be either asphalt or reinforced concrete, a minimum of two inches thick, or, when specifically authorized by the Fire Department, compacted crushed rock or other alternate surfaces may be used. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. 5. WIDTH. The minimum unobstructed width of a fire apparatus access road shall be not less than 20 feet. 6. Aerial apparatus access roads shall not be Less than 26 feet. 7 VERTICAL CLEARANCE. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Exceptions: a. When conditions prevent the installation of an approved fire apparatus access road, the Fire Marshal may permit the installation of a the protection system or systems in lieu of a road. b. When there are not more than two Group R, Division 3 or Group U occupancies, the requirements of this section may be modified, provided, in the opinion of the Fire Marshal, firefighting or rescue operations would not be impaired. c. Clearances or widths required by this section may be inaeased when, in the opinion of the Fire Marshal, clearances or widths are not adequate to provide fire apparatus access. 8. TURNING RADIUS. The turning radius of a fire apparatus access road shall be approved by the Fire Marshal. 9. TURNAROUNDS. All dead end apparatus access roads in excess of 150 feet shall be provided with approved provisions for the turning around of fire apparatus. 10. BRIDGES. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the International Building Code or other regulations adopted by the City, and shall use designed live loading sufficient to carry the imposed loads of fire apparatus. 11. GRADE. The gradient for a fire apparatus access road shall not exceed 15 percent. 12. OBSTRUCTION. The required width of any fire apparatus access road shall not be obstructed in any manner, including the parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 13. SIGNS. a. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both b. Fire apparatus access roads shall be identified by painting the curb yellow and a 4-inch wide line and block letters 18 inches high, painted in the lane, at 50 -foot intervals, stating, "FIRE LANE NO PARKING," color to be bright yellow, or by the posting of signs stating, "FIRE LANE NO PARKINTG," and painting the curb. Signs shall be posted on or immediately next to the curb line or on the building. Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting color, readily readable from at least a 50 -foot distance. Signs shall be spaced not further than 50 feet apart nor shall they be more than four feet from the ground. C10casnents and SACtiejsIA3 WerappIXeTAMSDATA1CrcThancirtematcnel Talk Fre c d=A d.COo DT:ksn e31/2DO5 Page 2 of 5 14. PARKING PROHIBITED Except when necessary to avoid conflict with other traffic, or in compliance with the direction of a police or fire official or traffic control sign, signal or device, no person shall stop, stand or park a vehicle, whether occupied or not at any place where official fire lane signs are posted, except a. Momentarily to pick up or discharge a passenger or passengers, or b. Temporarily for the purpose of and while actually engaged in loading property 15. FIRE APPARATUS ROAD(S) AS PART OF DRIVEWAYS AND /OR PARKING AREAS. The Fire Department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas, when specified, shall be marked or identified by one of the two means detailed in TMC 16.16.070B.13.b. 16. EXISTNG BUILDINGS. When the Fire Department determines that a hazard, due to inaccessibility of fire apparatus, exists around existing buildings, they may require fire apparatus access road(s) to be constructed and maintained. 17 ENFORCEMENT It shall be the duty of the Tukwila Fire Marshal and /or the authorized designee(s) to enforce subsection 503.2. 18. VIOLATION PENALTY Any person violating any of the provisions of Section 503.2, "Fire Apparatus Access Roads," shall be guilty of a misdemeanor, and upon conviction, shall result in a fine of not more than 575.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Section 2. Ordinance No. 2047, as codified at TMC 16.16.080 "Fees,' is hereby amended to read as follows: 16.16.080 Fees. A. Permit Fees: A fee of $100.00 shall be charged for each permit required by the International Fire Code. B. Re- inspection Fees: 1. Re- inspection Fees for New Construction, Tenant Improvements, and spot inspections. A re- inspection fee of $80 will be assessed when an inspection is requested for new construction, tenant improvements or spot inspections, or when upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements. Under these conditions, a follow -up inspection will be required. 2. Re- inspection Fees for Company -Level Inspections. A re- inspection fee of $60 will be =ascscald when, on the follow -up inspection 30 days after the initial company level inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of $85 will be assessed when, on a second follow -up inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of 5110 will be assessed when, on a third follow -up inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of 5135 will be assessed when, on a fourth and subsequent follow -up inspections, the inspectors find that the violations have not been corrected. 3. Exceptions. Any exception to the items covered by this section shall be made by the Chief of the Department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. c:tIw. r s end Se ncs1Al UseapIKati 1$DATA'eta,^anonljat.i 'fl; TT_< F2 Code Ars& -0.Gtt DT:'rsl 8(3112006 Page 3 of 5 C. Penalties: The following penalties shall apply to these violations of the Fire Code: IFC OFFENSE BAIL SECTION 109.2.2 I Noncompliance with orders notices 1 55,000.00 1 109.2.4 I Unlawful removal of a tag 1 55,000.00 1 111.1 I Unlawful continuance of a hazard I $5,000.00 1 111.4 I Noncompliance with a Stop Work Order 1 55,000.00 1 503.2 I Parking on fire apparatus access roads I 575.00 D. Other Violations: Bail for all other violations is S75.00 plus court costs. Fines are forfeitable on the first offense and mandatory appearance is required on second offense. E. False Alarms: 1. Falco alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. False alarms, in excess of two per year, shall be fined under the following schedule: a. First false alarm no fine, warning b. Second false alarm no fine, warning c. Third false alarm 525.00 d. Fourth and subsequent false alarms $50.00 2. The number of false alarms shall be calculated by calendar year beginning January 1 and ending December 31. Section 3. Ordinance No. 2047, as codified at TMC 16.16.110, "Violations Penalties," is hereby amended to read as follows: 16.16.110 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 16.16, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall 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 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 Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed 55,000.00, as outlined in TMC 16.16.080, or imprisonment for a tetut not to exceed one year or by both such fine and imprisonment The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. CWcoai Yrts and Se:a, ,slp1 Were Dermc We W 5DATA \Ordranx Tat Fie Cede M.Sded.dcc DT:tsn W31/2006 Page 4 of 5 Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. A i l ItI /AUTHENTICATED Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: CWpoorreas and Set6;661A1 L Is'Da]U<e'MSDATA`,erC $\in`snetcn J Tatk Tat Fse code a .d c DT:m 8131/2006 Page 5 of 5