HomeMy WebLinkAboutCOW 2011-03-28 Item 4A.3 - Ordinance - Fire Code Amendment Regarding Fire Lane Violations COUNCIL AGENDA SvNoPsIs
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ITEM INFORMATION
CAS NUMBER: 11-038 I STAFF SPONSOR: DON TOMASO I ORIGINAL AGENDA DATE: 3/28/11
AGI INID;\ ITEM TITLE Adoption of an ordinance amending the Fire Code as it relates to Fire Lane Violations
C.vi'l (13 ORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 3/28/11 Mtg Date Mtg Date Mtg Date 4/4/11 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police P1V
SPONSOR'S The Council is being asked to amend Ordinance No 2290 to include language that will list
SL Fire Lane Violations as Civil Infractions.
R! A'I1?WI I) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte n Arts Comm. Parks Comm. Planning Comm.
DATE: 3/22/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Fire Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EYPIsNDITURI:'s REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments
1 MTG. DATE RECORD OF COUNCIL ACTION
3/28/11
MTG. DATE ATTACHMENTS
3/28/11 Informational Memorandum dated 2/16/11
Draft Ordinance
Ordinance #2290
Minutes from the Finance and Safety Committee meeting of 3/22/11
4/4/11
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City of Tukwila
`g c'° o Jim Haggerton, Mayor
I905 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: BC Don Tomaso, Fire Marshal
DATE: February 16, 2011
SUBJECT: 2009 Fire Code Amendment regarding Fire Lane Violations
ISSUE
The City Prosecutor has brought to my attention the fact that when we upgraded Fire Code
violations to Gross Misdemeanors we made an error. By doing this we lost the ability to issue
citations to vehicles parked in fire lanes; we now need to identify the operator of the vehicle and
issue that person the citation. We would like to change just the fire lane citations back to a civil
infraction so that the crews can avoid confrontations with the vehicle operator.
BACKGROUND
Back in 2008 we identified several problems with the fire related ordinances when we had a
code enforcement issue go to court for enforcement. The issue was handed back to the Fire
Department because two of the ordinances had different penalties for the same violations. As a
result of this, I reviewed all the fire related ordinances in their entirety and aligned the violation
and penalty sections. They were reviewed by the City Attorney and approved by the Council as
Gross misdemeanors for all Fire Code related violations with a fine of up to $5,000 or one year
in jail. As a component of this change we introduced a bail schedule for the judge to use when
assessing fines and listed fire lanes as a $100.00 penalty. However, we overlooked the fact
that Gross Misdemeanors require you to identify the operator of the vehicle and do not allow
you to issue a citation to the vehicle owner due the criminal nature of this charge.
DISCUSSION
This issue was discussed internally and with the Police Department, and for firefighter safety
concerns, it was determined the preferred method would be to issue a citation to the registered
owner of the vehicle as opposed to having firefighters look for the vehicle operator and have a
possible confrontation. This was the previous method used since the City started issuing fire
lane citations back in the 1970's. We are requesting that Ordinance #2290 be amended to
include language for Fire Code violations that list "Fire Lane Violations as Civil Infractions" as
identified by the City Prosecutor and City Attorney, with the bail to remain at $100.00.
RECOMMENDATION
The Council is being asked to consider this item at the March 28, 2011 Committee of the Whole
meeting and subsequent April 4, 2011 Regular Meeting.
ATTACHMENTS
Draft Ordinance
Ordinance #2290
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*RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2290, §13, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 16.16.110, "VIOLATIONS
PENALTIES," TO CLASSIFY FIRE LANE PARKING VIOLATIONS AS A CIVIL
INFRACTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on June 21, 2010 the City adopted Ordinance No. 2290, which updated
the City's fire prevention and protection regulations by adopting the 2009 Edition of the
International Fire Code and appendices; and
WHEREAS, the City has received notification that the penalty section established by
Ordinance No. 2290, which classified violations of the provisions of Tukwila Municipal
Code Chapter 16.16 as a "Gross Misdemeanor," was in error as it relates to City- issued
citations for fire lane parking violations; and
WHEREAS, it is in the best interest of the City to classify fire lane parking violations
as a "Civil Infraction
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 2290, §13, as codified at Tukwila
Municipal Code (TMC), Section 16.16.110, "Violations— Penalties," is hereby amended
to read as follows:
16.16.110 Violations Penalties.
A. Any person who shall violate any of the provisions of TMC Chapter 16.16
except as noted in TMC Section 16.16.110 (B), or of 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
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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 $5,000.00, as outlined in TMC Section 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.
B. Fire lane parking violations shall be considered a non traffic civil,
infraction subject to the fine listed in the bail schedule in TMC Section 16.16.080
(D).
Section 2. 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 3. 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 2011.
ATTEST /AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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Of
R 908
City of Tukwila
Washington
Ordinance No. 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING THE 2009 EDITION OF THE INTERNATIONAL
FIRE CODE AND APPENDICES WITH CERTAIN EXCEPTIONS AND
AMENDMENTS, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER
16.16, TO APPLY WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE
NOS. 2047, 2129 AND 2166; PROVIDING FOR SEVER ABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to protect the health, welfare and safety of Tukwila
citizens by keeping current with the most recent fire code requirements; and
WHEREAS, to achieve this end, the City Council has determined to update its current fire
prevention and protection regulations by adopting the 2009 Edition of the International Fire
Code and appendices; and
WHEREAS, the City Council desires to utilize its personnel resources in the most efficient
manner, and increased demands have reduced the time available to complete inspections in a
timely mariner;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 16.16 shall read as follows:
Chapter 16.16
INTERNATIONAL FIRE CODE
Sections:
16.16.010 Adoption of the International Fire Code.
16.16.020 Enforcement.
16.16.030 Definitions.
16.16.040 Establishment of Limits of Districts in which Storage of Flammable or
Combustible Liquids in Outside Aboveground Tanks is to be Prohibited.
16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to
be Restricted.
16.16.060 Establishment of Limits of Districts in which Storage of Explosives and Blasting
Agents is to be Prohibited.
16.16.070 Amendments to the International Fire Code.
16.16.080 Fees.
16.16.085 Exceptions.
16.16.090 Appeals.
16.16.100 New Materials, Processes or Occupancies which may Require Permits.
16.16.110 Violations Penalties.
16.16.120 Conflicts with Existing Codes and Ordinances.
Section 2. TMC Section 16.16.010 shall read as follows:
16.16.010 Adoption of the International Fire Code. Pursuant to RCW 35.21.180, that certain
code of technical regulations known as the International Fire Code and Appendices B, C and D,
except Section D -107 is not adopted, 2009 Edition) and any amendments thereto published by
the Western Fire Chiefs Association and the International Conference of Building Officials, is
hereby adopted by this reference as if fully set forth, subject to the modifications and
amendments set forth in TMC Chapter 16.16. One copy of said Fire Code shall be maintained on
file in the office of the City Clerk for public use and inspection.
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Section 3. TMC Section 16.16.020 shall read as follows:
16.16.020 Enforcement.
A. The International Fire Code shall be enforced by the Fire Prevention Bureau in the Fire
Department of the City, which is operated under the supervision of the Chief of the Fire
Department.
B. There shall be a Fire Marshal in charge of the Fire Prevention Bureau who shall be
appointed by the Chief of the Fire Department on the basis of an examination to determine his
qualifications.
Section 4. TMC Section 16.16.030 shall read as follows:
16.16.030 Definitions.
A. Wherever the word "jurisdiction" is used in the International Fire Code, it means the
area within the city limits of the City of Tukwila, Washington.
B. Wherever the words "Fire Code Official" are used in the International Fire Code, they
mean the Fire Marshal in charge of fire prevention.
Section 5. TMC Section 16.16.040 shall read as follows:
16.16.040 Establishment of Limits of Districts in which Storage of Flammable or
Combustible Liquids in Outside Aboveground Tanks is to be Prohibited. The storage of
flammable or combustible liquids in outside aboveground storage tanks is prohibited within the
City, except as conditioned below:
1. Aboveground storage tanks shall meet the requirements of Chapter 34 of the
International Fire Code.
2. Tanks containing Class I, II or III -A liquids shall not exceed 12,000 gallons individual
or 24,000 gallons aggregate.
3. Installation of aboveground tanks shall be subject to berming and screening as
required by the Public Works and Planning Departments respectively.
4. Installation of aboveground tanks shall be limited to MIC, LI or CLI zones.
Section 6. TMC Section 16.16.050 shall read as follows:
16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is
to be Restricted. The limits referred to in Chapter 38, Section 3804.2 of the International Fire
Code, in which storage of liquefied petroleum gas is restricted, shall apply throughout the City.
NFPA 58 shall be used as the installation guide for all propane systems.
Section 7. TMC Section 16.16.060 shall read as follows:
16.16.060 Establishment of Limits of Districts in which Storage of Explosives and Blasting
Agents is to be Prohibited. The limits referred to in Chapter 33, Section 3304 of the
International Fire Code, in which storage of explosives and blasting agents is prohibited, shall
apply throughout the City.
Section 8. TMC Section 16.16.070 shall 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. Adequate ground ladder access shall be provided to all rescue windows above the first
story. Landscape a flat, 12 -foot deep by 4 -foot wide area below each required rescue window.
C. Section 503 of the International Fire Code 2009 edition) adopted by this chapter 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.
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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 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 150 feet from Fire Department vehicle access.
4. Surface. Fire apparatus access road(s) shall be either asphalt or reinforced concrete, a
minimum 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 not
be less than 20 feet.
6. Aerial Apparatus Access Roads. Aerial apparatus access roads shall not be less than
26 feet in width.
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 fire 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 that 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 increased, 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% with a
cross slope no greater than 5
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
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stating, "FIRE LANE NO PARKING," 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.
c. Residential fire apparatus access roads shall be marked with signs described in
(b) above; no striping or painting shall be required.
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 Section 16.16.070C.13.b or TMC Section 16.16.070C.13.c.
16. Existing 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
shall be guilty of a misdemeanor, and upon conviction, shall result in a fine of not more than
$75.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment.
Section 9. TMC Section 16.16.080 shall 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. Plan review fees for alternative fire protection systems are as follows:
Commercial: For 1 -5 devices /heads:
Base fee $100.00
Commercial: For 6 or more devices /heads:
Base fee $200.00 $1.50 per device /head in excess of 10
Resubmittal: Fee $200.00
C. Re- inspection Fees:
1. Re- inspection Fees for New Construction and Tenant Improvements. When an
inspection is requested for new construction, tenant improvements or spot inspections, and
then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for
inspection, or does not comply with fire code requirements, a follow -up inspection will be
required, and a re- inspection fee of $100.00 will be assessed.
2. Re- inspection Fees for Company Level Inspections. A re- inspection fee of $60.00
will be assessed when, on the follow -up inspection 30 days after the initial company level
inspection, the inspector finds that the violations have not been corrected. A re- inspection fee of
$85.00 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 $110.00 will be assessed when, on a
third follow -up inspection, the inspector finds that the violations have not been corrected. A re-
inspection fee of $135.00 will be assessed when, on a fourth and subsequent follow -up
inspections, the inspector finds that the violations have not been corrected.
3. Exceptions. Any exception to the items covered by this ordinance 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.
D. Penalties: The following penalties shall apply to these violations of the Fire Code:
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IFC Section Offense I Bail
109.2.2 I Non compliance with orders and notices $5,000.00
111.1 I Unlawful continuance of a hazard $5,000.00
111.4 1 Non compliance with a Stop Work Order $5,000.00
109.2.4 Unlawful removal of a tag $5,000.00
503.4 Illegal parking on fire apparatus access roads $100.00
609.3.3 Failure to: Clean commercial kitchen hoods $500.00
901.6.1 j Failure to: Maintain fire protection systems $500.00
901.7 I Failure to: Conduct a required fire watch $500.00
904.11.6 Failure to: Maintain commercial cooking extinguishing systems $500.00
1003.6 Failure to: Maintain means of egress continuity $250.00
TMC Section Failure to: Provide required UL central station monitoring $500.00
16.40.110
E. Other Violations: Bail for all other violations is $150.00 plus court costs. Fines are
forfeitable on the first offense and mandatory appearance is required on second offense.
F. False Alarms:
1. False alarms shall not be given, signaled or transmitted or caused or pernutted 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 $25.00 fine
d. Fourth and subsequent false alarms $50.00 fine
2. The number of false alarms shall be calculated by calendar year beginning January 1
and ending December 31.
Section 10. TMC Section 16.16.085 shall read as follows:
16.16.085 Exceptions. Any exception to the items covered by this ordinance 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.
Section 11. TMC Section 16.16.090 shall read as follows:
16.16.090 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 12. TMC Section 16.16.100 shall read as follows:
16.16.100 New Materials, Processes or Occupancies which may Require Permits. The
Planning Director, the Fire Chief and the Fire Marshal of the Fire Prevention Bureau shall act as
a committee to determine and specify, after giving affected persons an opportunity to be heard,
any new materials processes or occupancies for which permits are required, in addition to those
now encumbered in said code. The Fire Marshal of the Fire Prevention Bureau shall post such
list in a conspicuous place in his office, and distribute copies thereof to interested persons.
Section 13. TMC Section 16.16.110 shall 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 $5,000.00, as outlined in TMC Section 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
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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 14. TMC Section 16.16.120 shall read as follows:
16.16.120 Conflicts with Existing Codes and Ordinances. Whenever any provision of the
International Fire Code or Appendices adopted by this ordinance conflicts with any provision
of any other adopted code or ordinance of the City, the provision providing the greater or most
effective protection shall govern.
Section 15. Repealer. Ordinance Nos. 2047, 2129 and 2166 are hereby repealed.
Section 16. 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 17. 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 on July 1, 2010, 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 L 5' day of In AI (2 2010.
ATTEST UTHENTICATED:
0 0FilLAA aggerto� j
Christy O'Flah ty, CMC, City CIerk
iled with the City Clerk: /0
APPReLEI S RM BY: Passed by the City Council: -J-J -/n
Published:
Effective Date: 7
Office of thety Aorney Ordinance Number:
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Finance Safety Committee Minutes March 22. 2011— Page 2
Additionally, horn/strobe candelas (light intensity) requirements have increased to address inhabitants at
slumber. The Permit Expiration section (see page 28 of Committee agenda packet) has been duplicated
from the City's building code. The most significant change to this ordinance is in Section 11, 16.40.100
Applicability, No. 6 (see page 25 on the Committee agenda packet), which requires existing
commercial/industrial buildings with an existing fire alarm system to be upgraded to current code
requirements when sold. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR
DISCUSSION.
Hiffh -Rise Construction
This draft ordinance changes the current definition of high -rise from 40 -feet or four stories and above to
75 -feet or eight stories and above. The mid -rise construction ordinance below, which is new, addresses
buildings less than 75 -feet or eight stories and more than 40 -feet or four stories. In addition to this change,
Section 5, 16.48.050, Letter B (see page 30 of the Committee agenda packet) requires installation of a
second standpipe which is a Labor and Industries requirement for Rapid Intervention Teams.
UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR DISCUSSION.
Mid -Rise Construction
This entire draft ordinance is new and addresses buildings above 40 -feet or four stories and below 75 -feet
or eight stories. Similar to high -rise requirements, but slightly less restrictive, this ordinance is more fairly
applicable to smaller buildings. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW
FOR DISCUSSION.
Fire Lane Violations
Staff is seeking Council approval of an amendment to the current ordinance regarding violations and
penalties for fire code violations (TMC Section 16.16.110). Currently, this ordinance classifies all fire
code violations as gross misdemeanors. This means that when issuing a fire lane violation, firefighters
must identify the operator of the vehicle and issue the citation to the person. Staff is proposing fire
violations be reclassified to civil infractions. Issuing a violation that is classified as a civil infraction
allows the citation to be issued to the registered owner of the vehicle, avoiding possible confrontation
with the vehicle's operator. UNANIMOUS APPROVAL. FORWARD TO MARCH 28 COW FOR
DISCUSSION.
B. Ordinance Amendment: Business License and RGRL
Staff is seeking Council approval to make changes to the following items in the current business
license/RGRL ordinance: temporary license, non profit exemption, appeal process and fee and multiple
RGRL fee assessments.
After a lengthy discussion, questions still remained on the issue of temporary licenses. Committee
Members would like to further consider the definition and applicability of the temporary license. Shawn
Hunstock distributed a list of short-term license requirements in surrounding cities. There is no common
theme among license requirements, and each city has implemented different restrictions and/or
requirements.
Committee Members expressed an interest in this item returning to Committee for additional discussion
prior to moving forward to full Council. Committee Members would like to receive input/feedback from
Parks and Recreation and other departments as appropriate to determine how the temporary license
requirements effect City- sponsored events (ie: Backyard Wildlife Fair) as compared to private events (ie:
SkiBonkers). Items to be considered are: revenues earned, length of license, consecutive day definitions
and exemptions and /or exceptions as appropriate.
Other items of discussion included: the definition of home occupations in the Zoning Code, clarification
of RGRL fee applicability to rental properties and modification of the RGRL /business license forms for
next year's renewal cycle. In closing, Committee Members also expressed a desire to understand in more
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