HomeMy WebLinkAboutord1987-0731
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INTRODUCED BY: Consent
PROPOSED BY: Public Works Dept.
DATE INTRODUCED: Nov. 5. 1987
ORDINANCE NO. 87 -73
AN ORDINANCE AMENDING ORDINANCE NO. 85 -3, AN
ORDINANCE ESTABLISHING THE OFFICE OF THE COUNTY
FIRE MARSHAL AS A FUNCTION OF THE DEPARTMENT OF
PUBLIC WORKS AND PROVIDING FOR ARSON AND FIRE
INVESTIGATION AS A FUNCTION OF THE SHERIFF'S
DEPARTMENT, AMENDING WHATCOM COUNTY CODE CHAPTER
2.04 SECTION 2.04.020A, AND REPEALING SECTION 2
PARAGRAPHS 6, 7, 8 AND 9.
WHEREAS, the Whatcom County Council has reviewed the Fire Marshal's
duties and responsibilities as provided for in Ordinance No. 85 -3 and the
County's obligation to provide adequate fire marshal services in the unincorpo-
rated areas of Whatcom County and the incorporated cities through interlocal
agreements; and
WHEREAS, it has been determined that the County would be best served it
the fire marshal services are segregated between the Sheriff's Department and
the Public Works Department for the purpose of providing adequate, efficient an(
appropriate services for the safety and welfare of the citizens; and
WHEREAS, it has been determined that the Sheriff's Department does not
possess the manpower to provide adequate investigation for regulating bonfires,
outdoor rubbish fires, incinerators and open burning, and for the issuance or
non - issuance of burning permits and coordination of burning bans with the State
Department of Natural Resources and the Northwest Air Pollution Control
Authority.
NOW, THEREFORE, BE IT ORDAINED:
Section 1.
Whatcom County Ordinance No. 85 -3, Section 1, amending Whatcom County
Code Chapter 2.04, Section 2.04.020A is hereby amended to read as follows:
A. The Arson and Fire Investigator shall have such powers as are con
ferred on him by the County Sheriff, state and local laws, for the purpose of
enforcement of the laws enumerated herein and codes, ordinances and laws adopte
by reference herein in the performance of the functions enumerated herein, and
other laws and codes adopted by reference for the purpose of investigation
within the county concerning the cause, prevention and reduction of damage from
fire and explosion, and assisting and cooperating with the appropriate official
and agencies as enumerated herein in the matter of fire and arson investiga-
tions. Provided, it shall be the duty of the Director of Public Works /Building
Official Fire Mars'F_al, or his desi nee, to investigate bonfires, outdoor rubbis
Fires, incinerators and oper burnin , and for the issuance or non - issuance of
burning permits and coordination of burning bans witTi the State Department of
Natural Resources and the Northwest Air Pollution Control Authority. Provided
furl, if it is tt e o inion; u onu��o�n investigation y the Director of Public
Works /Building Official Fire Marshal, that the cause of a fire could or may be
arson, he shall immediately notify the Arson Investi ator and de iver all files
or reports to the Arson investigator's office within 24 hours.
ORDINANCE - 1.
Date drafted: 10/20/87
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Section 4 of Whatcom County Ordinance No. 85 -3 shall be deleted in
accordance with Whatcom County Ordinance No. 86 -1.
Section 3. Severability.
If any section, subsection, sentence, clause, phrase, or portion of
this code or ordinance adopted herein is for any reason held to be invalid or
unconstitutional by the decision of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordi-
nance or the code herein.
BE IT FURTHER ORDAINED that unless specifically mentioned within this
ordinance, all other terms and conditions of Ordinance No. 85 -3 shall remain in
full force and effect.
APPROVED this 19th day of November 1987
WHATCOM COUNTY COUNCIL
WHAT�COM COUNTY, WASHINGTON
G av/zn�_
THPMAS BURTON
Chairperson
ATTEST: APPROVED ( J),VETOED
Carol Ebergson SHIRLEY VAN ANTEN
Clerk of the Council County Executive
Date: November 20, 1987
APPROVED AS TO FORM:
?'__
Randall at s, Chi Civil
Deputy Prose t'ng Attorney
Published on November 11, 1987 and November 25, 1987
This ordinance becomes effective on November 30, 1987
ORDINANCE - 2.
Date drafted: 10/20/87