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HomeMy WebLinkAbout3136 OrdinanceAttachment" E" ORDINANCE NO 3) 3e AN ORDINANCE dealing with the Fire code and amending various sections of Title 18 of the Pasco Municipal Code THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS Section 1 Chapter 18 04 of the Pasco Municipal Code be and the same is hereby amended to read as follows 18 04 0010 ADOPTION OF UNIFORM FIRE CODE (a) There is adopted by the City Council of the City, pursuant to the provisions of RCW 35 21 180 and 35A 12 140 35 2 1 289 for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the Uniform Fire Code, including Appendix Chapters I-A, I-C, II-B, II-C, II-D, II-F, III-A, I-11—B, III-C, III-D, IV-A, IV-B, VI-A, VI-C, VI-D, VI-E and the Uniform Fire Code Standards, published by the Western Fire Chiefs Association and the International Conference of Building Officials, International Fire Code Institute, being in particular the 1991 1994 editions thereof and the whole thereof, as amended by the Washington State Building Code Council on November 8, 1991, June 30,1995 and published as Chapters 51, 2451-34 and 51, 25 51-35 Washington Administrative Code, save and except such portions as are hereinafter deleted, modified or amended, and the same are adopted and incorporated as fully as if set out at length herein and from the date on which the ordinance codified in this chapter shall take effect, the provision thereof shall be controlling within the corporate limits of the city (b) It is the specific intent of the fire code of the City as herein adopted, modified and amended, to place the obligation of complying with its requirements upon the owners and occupiers of the buildings and premises within the scope, and no provision of nor any term used in this fire code is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this fire code shall be discretionary and not mandatory (c) Nothing contained in this fire code is intended to be nor shall be construed to create or form the basis for any injury or damage resulting from the failure of a building or any premises to comply with provisions of this fire code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this fire code, or by reason of any action or inaction on the part of the City, related in any manner to the enforcement of this fire code by its officers, employees or agents (d) It is expressly the purpose of this fire code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by 'i the provisions of this fire code (Ord 2884 Sec 1, 1992, Ord 2726 Sec 1, 1989, Ord 22604, Sec 1, 1986, Ord 2504 Sec 1 (part), 1984) 18 04 015 SUBSTITUTION FOR SECTION 2 303 103 1 4 OF THE UFC Section 2 303 103 1 4 of the Uniform Fire Code shall be omitted and the following shall be substituted in its place Section 2 303 103 1 4 Appeals Whenever the Fire Chief or Community Development Director disapproves an application or refuses 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 of the code has been misconstrued or wrongfully interpreted, the applicant may, within thirty (30) days of the decision, appeal that decision to the Board of Appeals established under the Building Code (Ord 2884 Sec 2, 1992, Ord 2726 Sec 2, 1989, Ord 2504 Sec 1 (part), 1984) 18 04 020 AMENDMENT FOR ARTICLE 9 2 OF THE UFC Definitions of the following words and terms in Article 9— 2 of the Uniform Fire Code are amended in Section 9 105, 9 107, 9 108 and 9 112, 204-C 206-E, 207-F, and 211-J to read as follows Section 9 105 204-C "Chief" or "Chief of the Fire Department" Chief is the chief officer of the Pasco Fire Department or the Chief authorized representative_Lone further means the person appointed by the City Manager (or litsin person's authorized representative) to administer and enforce the Uniform Fire Code within the City of Pasco Section 9 107 206-E Electrical Code Is the National Electrical Code (currently adopted edition by the State of Washington) and the State of Washington "Rules and Regulations for Installing Electric Wires and Equipment and Administrative Rules " Section 9 108 207-F Fireworks Means those devices meeting the current definition of fireworks as found in the "Washington State Fireworks Law," RCW 70 77 Section 9 112 2114 Jurisdiction Means the City of Pasco Jurisdictional area means that territory included within the Pasco City limits (Ord 2884 Sec 3, 1992, Ord 2504 Sec 1 (part), 1984) 18 04 035 ADOPTION OF STATE-DELETED SECTIONS OF THE UFC, Uniform Fire Code Section 902 2, 902 2 1, 902 2 2, 902 2 21, 902 2 2 2, 902 2 2 3, 902 2 2 4, 2 5, 902 2 2X-6, and 902 2 3 as they appear in the 1994 Uniform Fire Code shall be adopted 18 04 040 Subsection For Section 903 4 2 of the UFC Section 903 4 2 of the Uniform Fire Code shall be omitted and the following shall be substituted in its place Sec 903 4 2 Required Installation The location, number and type of fire hydrants connected to a water supply capable of delivering the -2- required fire flow shall be provided on the public street or on site of the premises or both as required and approved by the chief Fire Hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Section 902 2 903 4 2 1 Installation of Fire Hydrants in Commercial and Industrial Zones Required The owner of any building located within one thousand (1000) feet of a City water main and within any commercial or industrial use district, established by the Pasco Comprehensive Zoning Ordinance, which building is not within two hundred (200) feet of an existing fire hydrant, shall install, at his or her expense, a fire hydrant at a location tow hundred (200) feet or less from aid building, together with whatever pipes and connections are necessary to connect said hydrant to the existing water supply of the city 903 4 2 2 Installation of Fire Hydrants Near Schools, Churches, Hospitals, Assembly Buildings, etc Required The owner of any building used for a school, church, rest home, hospital, residential apartment, or place of public assembly. in whatever use district located, which building is not within two hundred (200) feet of an existing fire hydrant, shall install at his or her expense, fire hydrant at a location two hundred (200) feet or less from such building. together with whatever pipes and connections are necessary to connect said hydrant to the existing water supply of the city 903 4 2 3 Standard Spacings Unless otherwise required by this section standard spacing of fire hydrants along public streets within residential areas shall be six hundred (600) feet and within commercial or industrial areas shall be three hundred (300) feet 18 04 050 SUBSTITUTION FOR SECTION 11 203 1102 3 OF THE UFC Section 11 203 1102 3 of the Uniform Fire Code is omitted and the following shall be substituted in its place Section 11 203 1102 3 Open burning shall be in accordance with RCW 7094 and WAC Chapter 173 425 (Ord 2884 Sec 6, 1992, Ord 26004, Sec 5, 6-2-86, Ord 2504 Sec 1 (part), 1984) 18 04 055 AMENDMENT FOR SECTION 1109 3 2 1 OF THE UFC, Section 1109 3 2`ketif the Uniform Fire Code is amended to read as follows Section 1109 3 2 1 General The use of torches and other flame producing devices for sweating pipe Joints, thawing pipes, removing paint, or applying roof membranes shall be in accordance with 1109 3 2 18 04 060 AMENDMENT FOR SECTION 13 203 1302 3 Section 13 203 1302 3 of the Uniform Fire Code is amended by the addition of a new subsection ( (1) to read as follows -3- Section 113 203(a) Subsection (1) It is unlawful for any person, business or legal entity, having or conducting a private fire alarm system to transmit three( or more false alarms within a ninety (90) day period The owner of any residence, business or premises in which said alarm system exists, shall be responsible for payment of the City of Pasco of its reasonable costs for labor, equipment, fuel and materials, as determined by the Pasco Fire Chief, for a response by the Fire Department for the third and each subsequent false alarm in a ninety (90) day period For the purposes of this section, the term "False Alarm" means the activation of a fire alarm system because of accident, malfunction or an inadvertent activation, at a time when no fire exists on the premises (Ord 2884, Sec 7 1992, Ord 2604, Sec 6, 6-2-86, Ord 2504 Sec 1 (part), 1994) 18 04 080 AMENDMENT FOR SECTION 5204 5 2 OF THE UFC Section 5204 5 2 establishment of limits of districts in which storage of CNG is restricted The limits referred to in Section 5204 5 2 of the Uniform Fire Code is as follows All districts except I-1 (Light Industrial), 1-2 (Heavy Industrial, AG (Agricultural) 18 04 100 AMENDMENT0VOR SECTION 77 107(A) 7701 72 OF THE UFC Section 77 107(a) 770 la2 of the Uniform Fire Code is amended to read as follows Section 77 107(a) 7701 7 2 Establishment of limits of districts in which storage of explosives is to be prohibited The limits referred to in Section 77 107(a) 7701 7 2 of the Uniform Fire Code in which storage of explosives is prohibited, is established as follows All use districts except I-1 (Light Industrial) and 1-2 (Heavy Industrial) (Ord 2884 Sec 11, 1992, Ord 2504 Sec 1 (part), 1994) 18 04 110 SUBSTITUTION FOR SECTION 78 103 (a) 7802 1 OF THE UFC Section 78 102(a) 7802 1 of the Uniform Fire Code is omitted and the following shall be substituted in its place Section 78 103(a) 7802 1 Manufacture, Sale and Discharge of Fireworks (1) The manufacture of fireworks is prohibited within the City and all districts, except by special permit, and only in I-1 (Light Industrial) an 1-2 (Heavy Industrial) (2) Except as herein provided, it is unlawful for any person to possess, store, offer for sale, expose for sale, sell at retail, or use, or explode, fire, or discharge any fireworks EXCEPTION (a) The use of fireworks by railroads or other transportation agencies for signaling or illumination -4- (b) The sale or use of blank cartridges for theatrics, signaling or ceremonial purposes (c) The use of fireworks by the United states Armed Forces (3) The Fire Chief is authorized to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks Applicants shall meet all qualifications and requirements of State law regarding public display of fireworks and all fire and safety requirements as set forth here in the standards for public display Every operator shall have first obtained a state license pursuant to RCW 70 77 300 The display shall be of such character and so located, discharged or fired that, after proper inspection, shall not be hazardous to property or endanger any person (Ord 2884 Sec 12, 1992, Ord 2782 Sec 1, 1990, Ord 2511 Sec 1984, Ord 2504 Sec 1 (part), 1984) 18 04 120 SUBSTITUTION FOR SECTION 78 203 (c) 7802 4 3 OF THE UFC Section 78 203(c) 7802 4 3 of the Uniform Fire Code shall be omitted and the following shall be substituted in its place Section 78 203(c) 7802 4 3 Insurance Required The applicant for a permit for a public display of fireworks shall file with the Fire Chief a copy of a public liability and property damage insurance policy providing coverage with minimum limits as specified in RCW 70 77 295, however, the holder of a general license from the State Fire Marshall and, upon compliance with RCW 70 77 355, shall be excused from compliance with this section (Ord 2884 Sec 13, 1992, Ord 2782 Sec 2, 1990, Ord 2504 Sec 1 (part), 1984) 18 04 125 POSSESSION OF COMMON FIREWORKS FOR WHOLESALE DISTRIBUTION PERMITTED Any person having the necessary licenses from the State of Washington may possess and store common fireworks in the City of Pasco at a location properly zoned therefore, for the purpose of the distribution of such fireworks for retail sale outside the City limits "Common fireworks" is defined in Ch 70 77 RCW, as amended from time to time (Ord 2820 Sec 1, 1991 ) 18 04 140 AMENDMENTS FOR SECTION 79 101 OF THE UFC Section 79 101 of the Uniform Fire Code is amended by the addition of a new subsection (c) to read as follows Section 79 101 (c) Notwithstanding of any provision of the Uniform Fire Code, flammable and combustible liquids shall not be stored and dispensed from portable or fixed equipment into the fuel tanks of motor vehicles in any use district classified under Title 22 of the Pasco Zoning Code, as R 1 (Low Density), R 1 S (Suburban), R 2, R 3 (Medium Density), R-4, R-5 (High Density), and RMH-1, 2, 3 Use Districts (Ord 2884 Sec 15,1992, Ord 2504 Sec 1 (part), 1984 ) 1804 150 AMENDMENT FOR SECTION 79 501 7902 2 1 OF THE UFC Section 79 501 7902 2 1 Establishment of limits of districts in which storage of Class I and Class II liquids in aboveground tanks is prohibited (a) The limits referred to in Section 79 501 7902 2 1 of the Uniform Fire Code is -5- Section 2 This Ordinance shall take effect five (5) days after passage and summary publication SSED this day of 1996 Charles D Kilbury, M yor ATTEST e "4_lit '....•nnnn •1 which storage of Class I and Class II liquids in outside, aboveground tanks is prohibited, are established as follows All districts except I-1 (Light Industrial), 1-2 (Heavy Industrial), AG (Agricultural), R-T (Residential transitional), and construction sites EXCEPTION The Chief may allow storage of Class I and (( liquids in outside aboveground tanks in other use districts, if in his opinion, such storage does not constitute a hazard to lire or property (Ord 2884 Sec 16, 1992, Ord 2604, Sec 10, 6- 2-96, Ord 2504 Sec 1 (part), 19984) 18 04 155 AMENDMENT FOR SECTION 82 104(b) 8204 2 OF THE UFC Section 82 104(b) 8204 2 establishment of limits of districts in which storage of L P G is restricted (b) The limits referred to in Section 82 104(b) 8204 2 of the Uniform Fire Code is as follows All districts except I-1 (Light Industrial), 1-2 (Heavy Industrial), AG (Agricultural) (Ord 2884 Sec 17, 1992, Ord 2726 Sec 3, 1989 ) 1804 170 AMENDMENT FOR APPENDIX 1-A Appendix I-A of the Uniform Fire Code is amended by the deletions as follows Subsection (4)— 12 (effective Date) (of a General) is deleted in its entirety Section 4 (Basement access or sprinkler protection) is deleted in its entirety (Ord 2504 Sec 1 (part), 1984 ) 18 04 180 VIOLATIONS - PENALTIES Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a gross misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than Five Thousand Dollars ($5,000) or by imprisonment for not more than one year, or by both such fine and imprisonment (Ord 2782 Sec 3, 1990, 2504 Sec 1 (part), 1984 ) Catherine Seaman Deputy City Clerk Leland Kerr, Interim City Attorney -6 - CITY OF PASCO SUMMARY OF ORDINANCE NO..3), 3C ORDINANCE NO I/ 3C , is an ordinance concerning fire safety and amending certain sections of Title 18 of the Pasco Municipal Code Sections 1 Amends the following sections of the Pasco Municipal Code as follows Section 18 04 0010 adopts the 1994 Uniform Fire Code Sections 18 04 15 and 18 04 020 had section numbers modified Section 18 04 035 had provisions for fire hydrants that were deleted by the State Building Code Council Section 18 04 050 100 120 150 155 and 170 all had provisions amending section numbers Section 18 04 055 provides provisions for the use of torches in construction Section 18 04 110 amends section numbers and add provisions for fireworks utilized by the railroad, the armed forces and for the theatrical ceremonies Section 18 04 140 is deleted and main Section 2 requires the ordinance or this summary herein to be published before the ordinance is in effect The full text of Ordinance No 106 is available free of charge to any person who request it from the City Clerk of the City of Pasco (509) 545-3402, P 0 Box 293, Pasco, Washington 99301-0293 Catherine D Seaman, Deputy City Clerk AO% oF t4fr FINANCE DEPARTMENT (509) 545-3401 / Scan 726 -3401 / Fax (509) 545 -3403 PO BOX 293, 525 NORTH 3RD AYE, PASCO, WASHINGTON 99301 „„01 11 1 1111 111 111P00„,, February 7, 1996 Tn -City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) and Summary of Ordinance(s) No 3132-3139 on the following date February 11, 1996 Please send two (2) Affidavits of Publication for each Thank you, _6se6724, Cathenne D Seaman, Deputy City Clerk 545-3402 cds * No attachments or maps included SUBSCRIBED AND SWORN BEFORE ME THIS to13:‘ 0 BOX 2608 PASCO WASHINGTON 99302 2608 - PHONE (509) 582 1500 LEGAL ADVERTISING INVOICE SOLD TO PASCO, CITY OF LEGALS F.O. BOX 29: FASCO WA 9 .:17.;01 DATE 02/11/ • LEGAL No #272 ACCOUNT NO 5 0 550 DESCRIPTION #272-CITY OF PASCO SUMMARY TIMES 001 INCHES 4 -50 T TAL „48 0n910TICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment Frin`,TIVIT F P COUNTY OF BENTON as STATE OF WASHINGTON GERALD WALL , being duly sworn, deposes and says, I am the Legal Clerk of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a #272-CITY OF F ASCO SUMMARY as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 0 2/1i / , and ending on 02/11 /W.. , and that said newspaper was regulary distributed to its subscribers during all of this period CITY OF PASCO SUMMARY OF ORDINANCE NO 3136 ORDIN/1 "GE NO 3136 is an ordinance ci:incerning fire safety and amending certain sections of Title 18 of the Pasco Municipal Code Sections 1 Amends the fol lowing sections of the Pasco Municipal Code as follows Section 18 04 0010 adopts the 1994 Uniform Fire Code Sections 18 04 15 and 18 04 020 had section numbers modified Section 18 04 035 had pro- visions for fire hydrants that were deleted by the State Building Code Council S ection 18 04 050 100 120 150 15- 5 and 170 all had provi sions amending section numbers Section 18 04 055 provides provisions for the use of torches in construction Section 18 04 110 amends section numbers and add provisions for fireworks uti hzed by the railroad the armed forces and for the theatrical ceremonies Section 18 04 140 is de- leted and main Section 2 requires the ordinance or this summary herein to be published before the ordi- nance is in effect The full text of Ordinance No 3136 is available free of charge to any person who request it from the City Clerk of the City of Pasco (509) 545-3402 P 0 Box 293 Pasco Washington 99301 0293 -s- Catherine D 3-eaman Deputy City Clerk 272 2111/96 [LL \it) Ri FEB 15 1996 Notary public on and for the State of Wash- ington, residing at ! ENNFW1C1 COMMISSION EXPIRES )71())2/ :4 -4 DAY OF ,zTeZ ot 0666000(44 , .... . Opp Ntto\'' me /C449#1 $.',i,- Z.' -- r. - %4TY3 Y ) 3 1-; 1 pui300 l' ' -tH 2, .•A '''? "e. i , ° • •• ...c0` ,3' ‘.c '"4 "L•ocmoie t+0 N , *************** —IND. XMT JOURNAL— **************** DATE FEB-07-1996 ***** TIME 09 38 ******** DATE/TIME = FEB-07-1996 09 34 JOURNAL No = 24 COMM RESULT = OK PAGE(S) = 012 DURATION = 00 04'03 FILE No = MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIVED ID = / 1 509 582 2143 RESOLUTION = STD —CITY OF PASCO FINANCE _ ************************************ - — ***** — 1 509 544 3082— *********