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HomeMy WebLinkAboutReg 2006-09-05 Item 5E.4 - Ordinance - Amend Ord #2052 Fire Hydrants 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) y g otA k, y e 1 4 1808 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2052, AS CODIFIED AT TMC CHAPTER 14.24, "FIRE HYDRANTS,' CLARIFYING FIRE HYDRANT INSTALLATION REQUIREMENTS; AMENDING REQUIREMENTS FOR EXCEYIIONS; ESTABLISHING PROVISIONS FOR RE- INSPECTION FEES, VIOLATIONS/PENALTIES, AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City wishes to provide clarification to contractors on the installation of fire hydrants and reflective markers, which enable faster location of hydrants in emergency situations; and 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; and WHEREAS, the City wishes to use consistent language in its fire ordinances, which will provide clearer interpretation in enforcement actions regarding appeals, exceptions and penalties; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2052, as codified at TMC Chapter 14.24.050, "Accessibility," is hereby amended to read as follows: 14.24.050 Accessibility A. Hydrants and guard posts shall be in plain view for a distance of 50 feet in the line of vehicular approach, free from shrubs, trees, fences, landscaping and similar obstruction. B. The 5" Stortz pumper discharge port shall face the street or, in the case of private hydrants, the direction shall be determined by the Fire Department. All hydrants shall have a Type 2 RMP blue raised pavement marker, reflective on two sides, Located as approved by the Fire Marshall. C. Hydrant supply lines shall be of such size and design as to provide the fire flow required by Appendix B of the International Fire Code, Fire Flow Requirements for Buildings, and the City's comprehensive water design standards. D. Tapping into City water mains shall be by the process known as "wet tapping" so as to allow un- interrupted service on those mains. Section 2, Ordinance No. 2032, as codified at TMC Chapter 14.24.060, "Exceptions," is hereby amended to read as follows: 14.24.060 Exceptions. Any exceptions to items covered in TIC Chapter 14.24 shall be made in writing by the Chief of the Fire Department and the officer in charge of the Fire Prevention Bureau of the Tukwila Fire Department, and must conform to the City's Public Works' standards and /or the City's Comprehensive Water Plan. Any written exception shall set forth the basis for the exception and its relationship to public health, safety or avoidance of undue hardship. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. C-:.a..�_... ad SeterrAll l'susAshav'Kr'h':\SSD.4TA'CL Fi.: H;±zti A_ n c.i&c DT:an MI RO% Page 1 of 2 Section 3. Ordinance No. 2052, as codified at TMC Chapter 14.24 is hereby amended by adding provisions for re- inspection fees, to read as follows: 14.24.070 Re- inspection Fees for New Construction, Tenant Improvements, and Spot Inspections. A re- inspection fee of 580 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. Section 4. Ordinance No. 2052, as codified at TMC Chapter 14.24, is hereby amended by adding provisions for violations and penalties, to read as follows: 1414.080 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 14.24, 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 term 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 5. Ordinance No. 2052, as codified at TMC Chapter 14.24, is hereby amended by adding provisions for appeals, to read as follows: 14.24.090 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 6. 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. Section 7 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 Special Meeting thereof this day of 2006. ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CIvIC, 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: c IDo. ce Salina u;a fl xxiiy•.sD.ATXOrd:e: ,s Eve H,:rct Arc eelde Dry 2n112056 Page 2 of 2