HomeMy WebLinkAboutReg 2006-09-05 Item 5E.5 - Ordinance - Amend Ord #2053 High Rise Buildings COUNCIL AGENDA SYNOPSIS
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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)
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2053, AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 16.48, "HIGH RISE
BUILDINGS," ESTABLISHING PROVISIONS FOR RE- INSPECTION FEES,
VIOLATIONS/PENALTIES, EXChFIIONS AND APPEALS; 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; 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. 2033, as codified at TMC Chapter 16.48, is hereby
amended by adding provisions for re- inspection fees, to read as follows:
16.48.150 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.
Section2 Ordinance No. 2079, as codified at TMC Chapter 16.48, is hereby
amended by adding provisions for violations and penalties, to read as follows:
16.48.160 Violations Penalties. Any person who shall violate any of the
provisions of TMC Chapter 16.48, 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
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punishable as such Application of the penalty specified in this section shall not be held
to prevent the enforced removal of prohibited conditions.
Section3. Ordinance No. 2053, as codified at TMC Chapter 16.48, is hereby
amended by adding provisions for appeals, to read as follows:
16.48.170 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 lvfarshal"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 4. Ordinance No. 2053, as codified at TMC Chapter 16.48, is hereby
amended by adding provisions for exceptions, to read as follows:
16.48.180 Exceptions. Arty 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 .4..:C4 or denied shall be in writing.
Section 5. 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 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 Llt Y OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this day of 2006.
AT 1 ES1/ 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:
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