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Home My WebLink About1469 OrdinanceORDINANCE NO. 1469 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION AND ESTABLISHING STANDARDS FOR SAFETY RELATING THERETO AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Adoption of Fire Prevention Code. There is hereby adopted by the City Council of the City of Pasco for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1970 Edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended of which code not less than three copies have been and now are filed in the Office of the Clerk of the City of Pasco:9 and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect the provisions thereof shall be controlling within the corporate limits of the City of Pasco. Section 2. Definitions. (a) Wherever the term "Bureau of Fire Pre- vention" is used in the Fire Prevention Code, it shall mean the Fire Department. (b) Wherever the term "Chief of the Bureau of Fire Prevention" is used in the Fire Prevention Code, it shall mean the Fire Chief or his designee charged with the duties of administering and enforcing this Ordinance. (c) Wherever the term "Corporation Counsel" is used in the Fire Pre- vention Code, it shall mean the City Attorney. (d) Wherever the term "Fire Zone" is used in this Ordinance or in the Fire Prevention Code, it shall mean Fire Zone No. 1. (e) Wherever the term "Municipality" is used in the Fire Prevention Code, it shall mean the City of Pasco. (f) Wherever the term "nationally recognized good practice" is used in the Fire Prevention Code, it shall mean those practices prescribed in the standards and publications listed in Article 31 of the Fire Prevention Code. Section 3. Establishment of Limits of Districts in Which Storage of Explosives and Blasting Agents is to be Prohibited. The limits referred to in Section 12.5 b of the Fire Prevention Code in which storage of explosives and blasting agents is prohibited is hereby established to be Fire Zone No. 1. Section 4. Establishment of Limits of Districts in Which Storage of Flammable Liquids in Outside Above Ground Tanks is to be Prohibited. a The limits referred to in 16.22(a) of the Fire Prevention Code in which storage of flammable liquids in outside above ground tanks is prohibited, is hereby established as Fire Zone No. 1. (b) The limits referred to in Section 16.51 of the Fire Prevention Code in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as Fire Zone No. 1. Section 5. Establishment of Limits in Which Bulk Storage of Li uified Petroleum Gases is to be Restricted. The limits referred to in Section 21.6(a) of the Fire Prevention Code in which bulk storage of liquified petroleum gas is restricted, are hereby established as Fire Zone No. 1. Section 6. Substitution for Section 13.4 of the Fire Prevention Code. Section 13.4 of the Fire Prevention Code shall be omitted and the following shall be substituted in its place. "Section 13.4 Insurance Required. The permittee shall file with the Fire Chief, a public liability and property damage insurance policy providing coverage with limits not less than $50,000 to the applicant for liability for the payment of damages which may be caused either to a person,,or to property by reason of the permitted display, and arising from any acts, or failure to act, of the permittee, his agents, employers or subcontractors, unless he is excused from filing such policy by reason of any of the provisions of the laws of the State of Washington." Section 7. Substitution for Section 13.6 of the Fire Prevention Code. Section 13.6 of the Fire Prevention Code shall be omitted and the following shall be substituted in its place: "Section 13.6. Seizure of Fireworks. Any member of the Pasco Police or Fire Departments is hereby authorized and empowered to seize, take, remove or cause to be removed at the expense of the owner any and all stocks of fireworks offered or ex- posed for sale, stored, or transported, or held in violation of this article." Section 8. Substitution for Section 28.1 of the Fire Prevention Code. Section 28.1 of the Fire Prevention Code shall be omitted and the following shall be substituted in its place: "Section 28.1. Bonfires and Outdoor Rubbish Fires. (a PERMIT REQUIRED. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained without a permit or other proper authorization from the Bureau of Fire Prevention. During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having obtained a permit or other proper authorization from the Bureau of Fire Prevention. (b) LOCATION RESTRICTED. No person shall kindle or main- tain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained unless (1) the location is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading within 50 feet of any structure, or (2) the fire is contained in an approved waste burner with closed top, located safely not less than 15 feet from any structure. (c) CHIEF MAY PROHIBIT. The Fire Chief may prohibit any and all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous. (d) BURNING HOURS. Hours of burning shall be from 6:00 A.M. to 6:00 P.M." Section 9. Addition of Section 28.17 to the Fire Prevention Code. The following section shall be added to Article 28 of the Fire Prevention Code. "Section 28.17. Torches, Open Flame for Thawing Frozen Pipes. It shall be unlawful to use any torch, open flame or other . fire producing device for the purpose of thawing out any pipe in or under any building or structure." -2- Section 10. Addition of Section 28.18 to the Fire Prevention Code. The following Section shall be added to Article 28 of the Fire Prevention Code as Section 28.18:." "Section 28.18. Dangerous Building and Unsafe Conditions. Whenever the Chief of the Bureau of Fire Prevention, after inspection, finds any building or structure to be a fire hazard because of deterioration, lack of repairs, age or other dangerous conditions, or finds that said building is liable to endanger other buildings, property, or human life, he shall serve a notice in writing upon the owner or occupant of said building or structure requiring the elimination of the fire hazard within a reasonable period stated therein according to the following provisions: a) By repairing, rearranging, or wrecking the building or structure, or by repairing the equipment therein, or by changing the occupancy therein, to remove such fire hazard. b) By vacating and closing all, or that portion of such building or structure that is dangerous to property or life. c) By altering or repairing such building or structure in full conformance to the provisions of the Building Code, or any other Ordinance of the City affecting such building or structure." Section 11. Addition to Article 31. The following shall be added to Article 31 under the National Fire Protection Association:. NFPA No. 101. Fire Exits Code, 1970, National Electric Code, NFPA No. 70, 1968, and National Fire Codes Volumes III, IV, V and VI. Section 12. Modifications. The Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee of his duly authorized agent and there are practical difficulties in the way of carrying out the strict letter of this code, provided that the spirit of the code shall be ob- served, public safety secured, and substantial justice done. The particulars of such modifications, when granted or allowed, and the decision of the Chief of the Bureau of Fire Prevention thereon, shall be entered upon the records of the department and a signed copy shall be furnished to the applicant. Section 13. Appeals. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council of the City of Pasco within 30 -days from the date of the decision appealed from. Section 14. New Materials, Processes, or Occupancies Which May Require Permits. The Building Inspector, Fire Chief, and the officer designated by the Fire. Chief as the chief enforcing officer of this Code, shall act as a committee to determine and specify, after having given affected persons an opportunity to be heard, any new materials, processes, or occupancies, in addition to those now enumerated in this Code, which shall require permits, during the 90 days next following such determination. The Chief of the Bureau of Fire Prevention shall post a list of such new materials, processes, and occupancies in a conspecuous place in his office and shall distribute copies thereof to interested persons. The committee shall promptly make recommendations to the City Council for changes in or additions to this Ordinance relating to such new uses, pro- cesses, or occupancies. -3- Section 15. Violations -- Penalties. (a) Every person convicted of a violation of any provision of this Ordinance shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (b) Every firm or corporation convicted of a violation of any provision of this Ordinance shall be punished by a fine of not more than three hundred dollars ($300.00). Section 16. Severability. The invalidity of any article, section, sub -section, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Ordinance or the validity of its application to other persons or circumstances. Section 17. Effective Date. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED as provided by law this 6 day of April , 1971. RxRxx9ARIiR4xNAX@R GEORGE P. STORK, MAYOR PRO -TEM ATTEST: EX-OFFICIQ ITY CLERK APPROVED AS TO FORM: ► i ' C ► ,rOP- -