HomeMy WebLinkAbout2010-011ORDINANCE NO. 2010-011
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN SECTIONS OF
ARLINGTON MUNICIPAL CODE TITLE 15 RELATING TO FIRE
REGULATIONS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 15, relating to fire regulations;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 15.10.010 is amended to read as
follows:
15.10.010 Title.
This chapter shall be known as the Fire Code of the City of Arlington.
Section 2. Arlington Municipal Code Section 15.10.020 is amended to read as
follows:
15.10.020 Document adopted by reference.
The 2009 edition of the International Fire Code, including the following chapters of its
appendix: B, F, H, I and J, as published by the International Code Council as set forth in
Washington Administrative Code Chapter 51-54 and adopted by the Washington State
Building Code Council under the provisions of RCW 19.27, is adopted by reference as
the city's fire code.
Section 3. Arlington Municipal Code Section 15.10.050 is amended to read as
follows:
15.10.050 Administration and enforcement — Inspections
The fire chief shall have the authority to assess fees for failure to make corrections of fire
or life/safety notifications as conducted by the Fire Chief or his/her designee through the
City of Arlington Fire Department's inspection program. There shall be no fine assessed
for the initial inspection or the first reinspection. If, after the first reinspection, fire or
life/safety violations have not been corrected, the Fire Chief may assess a fine as set forth
in the City's fee resolution.
Ordinance No. 2010-011
Section 4. Arlington Municipal Code Section 15.10.070 is amended to read as
follows:
15.10.070 Amendments.
The following sections of the International Fire Code shall be amended to read as
follows:
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of
Arlington, hereinafter referred to as "this code."
Section 103.1 General. The Department of Fire Prevention, also known as the Arlington
Fire Department, is established within the jurisdiction under the direction of the fire code
official. The function of the department shall be the implementation, administration and
enforcement of the provisions of this code.
Section 105.1.1 Permits Required. Operational Permits required by this code shall be
applied for and obtained through the City of Arlington Permit fees, if any, shall be paid
prior to issuance of the permit. Issued permits shall be kept on the premises designated
therein at all times and shall be readily available for inspection by the Fire Code Official
and the Building Official.
Section 105.4.1 Submittals. Submittals shall be made to the City of Arlington Permit
Center. Construction documents shall be submitted in one or more sets and in such a form
and detail as required by the Building Official.
Section 108 Board of Appeals. If an appeal is filed, the appeal shall be processed through
the City's hearing examiner process.
Section 501.4 Timing of Installation. When fire apparatus access roads or a water supply
for fire protection is required to be installed, such protection shall be installed and made
serviceable prior to issuance of any building permit for the project, except grading
permits, and during the time of construction, except when approved alternative methods
of protection are provided. Temporary street signs shall be installed at each street
intersection when construction of new roadways allows passage by vehicles in
accordance with Section 505.2.
Section 503.1.4 Obstruction prohibited. Parking of motor vehicles or otherwise
obstructing marked fire lanes is prohibited and said vehicle is subject to be towed at the
owner's expense.
Section 503.2.8 Distance from Structures. Fire apparatus access roadways shall be a
minimum of 5 feet away from the exterior wall of structures, or as otherwise required due
to construction type.
Ordinance No. 2010-011 2
Section 503.3 Signs. When required by the Fire Code Official, identified fire access
roads shall be identified with permanent approved signage that indicates FIRE LANE -
NO PARKING -TOW AWAY ZONE. Signs shall be permanently mounted in locations
as directed by the Fire Code Official. The use of ground level markings on pavement,
curbing or other shall only be allowed in applications as approved by the Fire Code
Official.
Section 503.7 Enforcement. Enforcement of Section 503.1.4 of the International Fire
Code shall be the responsibility of the City Police Department which shall have the
authority to impound or otherwise cause such obstruction to be removed.
Section 508.5.1 Where Required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant
on a fire apparatus access road, as measured by an approved route around the exterior of
the facility or building, on -site fire hydrants and mains shall be provided where required
by the Fire Code Official.
EXCEPTION;
1. For Group R-3 and U occupancies, the distance requirement shall be 600 feet.
2. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall
be 600 feet.
Section 912.2 Fire Department Connections. The location of fire department connections
shall be approved by the fire code official.
Section 5. Arlington Municipal Code Section 15.12.010 is amended to read as
follows:
15.12.010 Obstruction of fire extinguishment.
Any person who, with intent to prevent, obstruct, or delay the extinguishment of any fire,
does prevent ,obstruct, or delay the extinguishment of any fire, is guilty of a
misdemeanor.
Section 6. Arlington Municipal Code Section 15.12.020 is amended to read as
follows:
15.12.020 Obstruction of the fire department.
Every person who, at the burning of any building or any life rescue scene, disobeys the
lawful orders of a public officer or fire official or resists or interferes with the lawful
efforts of any firefighters, or company of firefighters to extinguish the fire and save said
life, or who forbids, prevents or dissuades others from assisting therewith, is guilty of a
misdemeanor.
Section 7. Arlington Municipal Code Section 15.12.030 is amended to read as
follows:
15.12.030 False fire alarms.
Ordinance No. 2010-011 3
Any person who knowingly causes or makes any false fire alarm, is guilty of a
misdemeanor.
Section 8. Arlington Municipal Code Section 15.12.040 is repealed in its entirety.
Section 9. Arlington Municipal Code Section 15.16.010 is amended to read as
follows:
15.16.010 Intent.
It is the intent of this chapter to amend the city's fireworks regulations to bring them into
compliance with the recently adopted state fireworks regulations. This chapter amends
the city's fireworks regulations to comply with Chapter 70.77 RCW, as amended by
Chapter 370, Laws of 2002. This provides a procedure for the granting of licenses, and
the possession, sale and discharge of approved fireworks, classified as such by the State
Fire Marshal, and not to permit the possession, sale, or use of any other fireworks
classified as dangerous fireworks by the State Fireworks Law, or otherwise prohibited by
the ordinance of the city.
Section 10. Arlington Municipal Code Section 15.16.050 is amended to read as
follows:
15.16.050 License application.
No license or permit is required for the possession or use of consumer fireworks lawfully
purchased at retail.
The fireworks license will be issued only to such applicants who meet the following
qualifications:
(a) Nonprofit charitable, religious, or eleemosynary corporations, organized and existing
primarily for veterans, patriotic, religious, charitable or civic betterment purposes; and
(b) Said corporation or association has its principal and permanent meeting place in the
city, and has been organized and established in the city, for a period of at least one year
prior to the date application is made for a fireworks license.
Application for a license:
(a) Will be made in writing accompanied by a license fee as set forth in the City's fee
resolution;
(b) Will be made ninety days prior to the discharge date. Applicants for any such license
will be notified by the city clerk of the granting or rejection of their application for
license and if any applicants are not granted a license, the fee will be refunded.
(c) Will set forth the proposed location of the fireworks stand applied for; and
(d) Will be accompanied by an assurance that if the license is issued to applicant,
applicant will, at the time of receipt of such license, deliver to the city clerk a liability
insurance policy with coverage of not less than fifty thousand dollars and five hundred
thousand dollars for bodily injury liability for each person and occurrence respectively,
and not less than fifty thousand dollars for property damage liability for each occurrence,
unless such insurance is not readily available from at least three approved insurance
companies. If insurance in this amount is not offered, each fireworks permit will be
covered by a liability insurance policy in the maximum amount offered by at least three
Ordinance No. 2010-011 4
different approved insurance companies. A rider will be attached to the policy
designating the city as an additional insured there under.
Section 11. Arlington Municipal Code Section 15.16.110 is amended to read as
follows:
15.16.110 Temporary firework stands.
All retail sales of consumer fireworks will be permitted only from within a temporary
fireworks stand, and the sale from any other building or structure is prohibited.
Temporary stands will be subject to the following provisions:
(a) No fireworks stand will be located within twenty-five (25) feet of any other building,
nor within fifty feet of any gasoline station or distribution station;
(b) Fireworks stands need not comply with the provisions of the building code of the
city; provided, however, that all stands will be erected under the supervision of the fire
chief of the city, who will require that those stands be constructed in a manner and place
that will ensure the safety of attendants and patrons. Safety approved fire extinguishers
will be maintained at stands at all times;
(c) Each stand must have at least two exits;
(d) No fireworks stand will be located closer than six hundred (600) feet to another
fireworks stand;
(e) All weeds and combustible material will be cleared from the location of the stand,
including a distance of at least twenty feet (25) surrounding the stand;
(f) "No Smoking" signs will be prominently displayed on the fireworks stand;
(g) Each stand will be operated by adults only. No fire -works will be left unattended in a
stand;
(h) All unsold stock, accompanying litter, and the fireworks stand will be removed from
the location and the city by twelve noon on the sixth day of July and the second day of
January of each year.
Section 12. Arlington Municipal Code Section 15.16.120 is amended to read as
follows:
15.16.120 Fireworks seizure proceedings.
If the fireworks are not returned to the petitioner or destroyed, the city fire chief or State
Fire Marshal may sell confiscated consumer fireworks to wholesalers licensed by the
State Fire Marshal. Sale will be by public auction after publishing a notice of the date,
place and time of the auction in a newspaper of general circulation in Snohomish County
at least three days before the date of the auction. Proceeds of the sale of seized fireworks
will be deposited in the City's general fund. Fireworks that are not legal for use and
possession will be destroyed by the city fire chief or State Fire Marshal.
Section 13. Arlington Municipal Code Section 15.16.130 is amended to read as
follows:
Ordinance No. 2010-011
15.16.130 General duty.
It is expressly the purpose of this ordinance 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 the terms of this ordinance. It is the specific intent of this ordinance that no
provision or term used in this ordinance is intended to impose any duty whatsoever upon
the city or any of its officers or employees. Nothing contained in this ordinance is
intended nor will be construed to create or form the basis of any liability on the part of
the city, or its officers, employees or agents, for any injury or damage resulting from any
action or inaction on the part of the city related in any manner to the enforcement of this
ordinance by its officers, employees or agents.
Section 14. Arlington Municipal Code Section 15.20.010 is repealed in its entirety.
Section 15. Arlington Municipal Code Section 15.20.020 is repealed in its entirety.
Section 16. Arlington Municipal Code Section 15.20.030 is repealed in its entirety.
Section 17. Arlington Municipal Code Section 15.20.040 is repealed in its entirety.
Section 18. Arlington Municipal Code Section 15.20.050 is repealed in its entirety.
Section 19. Arlington Municipal Code Section 15.20.060 is repealed in its entirety.
Section 20. Arlington Municipal Code Section 15.20.070 is repealed in its entirety.
Section 21. Arlington Municipal Code Section 15.20.080 is repealed in, its entirety.
Section 22. Arlington Municipal Code Section 15.20.090 is repealed in its entirety.
Section 23.
Arlington Municipal Code Section 15.20.100 is repealed in its entirety.
Section 24.
Arlington Municipal Code Section 15.20.110 is repealed in its entirety.
Section 25.
Arlington Municipal Code Section 15.20.120 is repealed in its entirety.
Section 26.
Arlington Municipal Code Section 15.20.130 is repealed in its entirety.
Section 27.
Arlington Municipal Code Section 15.20.140 is repealed in its entirety.
Section 28.
Arlington Municipal Code Section 15.20.150 is repealed in its entirety.
Section 29.
Arlington Municipal Code Section 15.20.160 is amended to read as
follows:
15.20.160 Obstruction of visibility.
No one shall plant or allow vegetation or trees within three (3) feet of a fire hydrant. No
one shall plant or allow vegetation or trees, erect any structure, park any motor vehicle,
including, but not limited to, boats, trailers and so forth, and no activity may be
conducted on the city property or, rights -of -way which results in the obstruction of
Ordinance No. 2010-011
visibility or accessibility to a fire hydrant for a distance of twenty feet. Both the owner
and occupant of any privately owned property on which a hydrant is located shall be
responsible for removing weed and tree growth from around the hydrant and shall
maintain clear access. The purpose of this section is to assure that the hydrant is plainly
visible.
Section 30. Arlington Municipal Code Section 15.20.170 is repealed in its entirety.
Section 31. Arlington Municipal Code Chapter 15.24 is repealed in its entirety.
Section 32. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 33. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED byte City Council of the City of Arlington and APPROVED by the Mayor
this day of LPL � , 2010.
CITY OF ARLINGTON
Marga d Larson, yor
ATTEST:
Kristin)+anfield, City Clerk
APPROVED AS TOFORM:
0 ISO t � ��
ZU, -
Ordinance No. 2010-011 7
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on June 21, 2010, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2010-011 entitled,
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND
REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 15
RELATING TO FIRE REGULATIONS."
This ordinance is effective five days from its passage and publication.
The full text of the ordinance is available to interested persons and will be mailed
upon request.
ME
ws,
City Clerk
City of Arlington
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2010-011 was approved at the June 21, 2010 City Council meeting.
ORDINANCE #2010-011
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON
MUNICIPAL CODE TITLE 15 RELATING TO FIRE REGULATIONS."
A true and correct copy of the original ordinance is attached.
Dated this 21s' day of June 2010.
4
Kristin nfield
City Clerk for the City of Arlington