HomeMy WebLinkAboutOrd 2133 - Re-Inspection Fees, Violations / Penalties, Exceptions and Appeals on High-Rise Buildings (Repealed by Ord 2329)City of'Tukwila
Washington
Cover page to Ordinance 2133
The full text of the ordinance follows this cover page.
AN OROINA THE CITY COUNCIL OF THE CrrY OF " F'EI'I "k ILA,
WAS111INGTON, AMENDING ORDINANCE NO. 2053, AS CODI'MIJ AT
TUKWILA MUNICIPAL 'IPAL D HA P"TEI T .48, "HIGH RISE
BUILDINGS," E, T BLI UIING PROVISIONS 117OIL RE'MI SPE TI ONFEE ,
VIOLATIONS/PENAurIES, EXCEPTIONS AND APPEALS; PRO'VIDIN(,,'
FOR EVERA I ITT ,- AND ESTABLISHING 1.,TEI "CTIVE DATE.
Ordinance 2133 was amended or repealed by the
following ordinances.
REPEALED
- Section(s) Repea ec Repealed, by Ord #
2329
City of Tukwila
Washington
Ordinance No. I
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, EXCEPTIONS 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. 2053, 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 $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.
Section 2. Ordinance No. 2053, 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 $5,000.00, 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.
Section 3. 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 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 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. 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.
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 f �F THE CITY 9F TUKWILA, WASHINGTON,
at a Special Meeting thereof this 5 day of ,A --C.e, x 1 t. Ct L 2006.
ATTEST/ AUTHENTICATED:
Jaffe E. Cantu, tMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Steven M. Mullet, Mayor
Filed with the City Clerk: S- 31- 2'6
Passed by the City Council: 4 C`' 6-
Published: i
Effective Date: 614
Ordinance Number: 33
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SUMMARY OF ORDINANCE
No. 2133
City of Tukwila, Washington
On September 5, 2006, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2133, the main points of which are summarized by its title as follows:
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; AND
APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of September 5, 2006.
)4e v'
Jar1fE. Cantu, CMC, City Clerk
Published Seattle Times: September 8, 2006 A-c