HomeMy WebLinkAboutord1985-003SUBSTiITUTE DRAFT
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INTRODUCED BY: Consent
PROPOSED BY: Public Works Dept.
DATE INTRODUCED: January 3, 198;
ORDINANCE NO. 85-3'
AN ORDINANCE AMENDING ORDINANCE NO. 84 -40, AN
ORDINANCE RELATING TO IMPLEMENTATION OF THE
UNIFORM FIRE CODE AND ADOPTING, BY REFERENCE,
THE 1982 EDITION OF THE UNIFORM FIRE CODE AND
APPENDICIES THERETO, AND AMENDING ORDINANCE NO.
82 -19, AN ORDINANCE AMENDING WHATCOM COUNTY
CODE CHAPTER 2.04, ESTABLISHING THE OFFICE OF
COUNTY FIRE MARSHAL AS A FUNCTION OF THE DEPART-
MENT OF PUBLIC WORKS, AMENDING BY MODIFYING TO
PROVIDE FOR ARSON AND FIRE INVESTIGATIONS AS A
FUNCTION OF THE SHERIFF'S DEPARTMENT AND
ESTABLISHING THE POSITIONS OF ARSON AND FIRE
INVESTIGATOR AND DEPUTY FIRE MARSHAL.
WHEREAS, the County Council has reviewed the Fire Marshal's duties and
responsibilities as provided for in Ordinances Nos. 82 -19 and 84 -40, and the
County's obligation to provide adequate Fire Marshal services in the unincor-
porated area of Whatcom County and the incorporated cities through interlocal
agreements; and
WHEREAS, it has been determined that the County would be best served if
Fire Marshal services are segregated between the Sheriff's Department and the
Public Works Department for the purpose of providing adequate, efficient and
approporiate services for the safety and welfare of the citizens;
NOW, THEREFORE, BE IT ORDAINED:
Section 1.
Whatcom County Code Chapter 2.04, Sections 2.04.010, 2.04.020 and
Ordinance No. 82 -19 are hereby amended to. read as follows:
2.04.010 Establishment and Appointment
meft 'There 4J established
y� -a new function ion 1.17 � eount depart
-ter
L f c yam, bureau - QITQi codes
L. i• ,
�ppo rtes I t ordance with +he �f +f re Whattem eount y #orate Rtra e
G h arfer 7wd personnel -arts} shall serve -as + re
-&f -r count fi-re prevention, 7wd investiqet programs and activities.
A. There is hereb established a new function within the Whatcom
County Sheriff's Department to be known as ARSON AND FIRE INVESTIGATOR.
The Arson and Fire Investigator shall be appointed in accordance
with provisions of the Whatcom County Home Rule Charter and applicable personnel
ordinances and Civil Service Rules and Regulations under the supervision of the
County Sheriff and shall administer the County's arson and fire investigation
functions. Said functions shall include, but not be limited to: fire and arson
investigation, statistical and informational reports; examination of witnesses;
criminal prosecution in conjunction with the Prosecuting Attorney's office;
maintenance of all records on fires and disposition of same; rp epare and submit
annual reports to the Count Sheriff, County Council, State Fire Marshal, county
ORDINANCE - 1.
Date drafted: 1/15/85
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fire districts, State Insurance Commissioner and insurance companies; and per-
form other activities that are permitted and required under RCW 48.50, 48.48 an
other related sections of state law and local ordinances pertaining thereto as
approved or may be approved by the Council in accordance with RCW 48.50.090, an
those sections pertinent to the investigation of the cause, origin and cir-
cumstances of fire as enumerated in the Uniform Fire Code.
B. The County Executive may designate a County Fire Marshal, pro-
vided, however, that the Deputy Fire Marshal shall have the same op wers and
duties as the County Fire Marshal. For the up rpose of coordinating the enfor-
cement of the Uniform Fire Code with other related building codes, and for the
purpose of checking commercial anindustrial plans and 1p ats, there shall be
appointed within the Department of Public Works a position designated as the
DEPUTY FIRE MARSHAL.
The Deputy Fire Marshal shall be appointed by the Director of
Public Works in accordance with applicable personnel ordinances.
2.04.020 Responsibilities 4-he +4re.marsshal shall +rams such powers as
are eamfor° red -by state raw -and, Oft addition, rite following responsibilities 4ft
t#e trnfi areas -of Whateem e oun t -aftd -fir Streit other areas -n may lre,
-agreed open through aetu&+ arrangement-s- with otterentities.
-P-.- -Te establish, with +he approval-of +he director-e+ Vie -mss,
tOr the issuartee -of perms, notifications -of e l es ores br- other -1 egarl
ae t i ears, appeal , -of dam;.- t i _ -af attd
en foreement- tf +he U n i form f i-re £ ode, m td to ewe sitth activities. m4 -tit
-& h building ttde enforeemetrt +tmetiens -of +re eoun ;
-B -Te within +he count -y t_hre
eeut es , arm art a* damage from ++re art explosion,. -an-d -to
psi s t and �°eeper Hirt with apprepria "ruff i e i al s art ag ens es including, -btrt rro-t
44m+ted +e, +lie sate ++re marshal; count y ++re p ret-eet-i on
d i s tr i e is , poliee authorities; other federal, state, -or i eea! agenei es ind pr+-
V ate Knee temp -na-ies 4fr hire matter -of ++re ,
V• Te motif +he e h 1 e f a* -a" ++ re G . artment V 1 JTRiT1 e t of
by to l-ep h om a $r ma44 Wi t i m seventy t hours, - f -& 4 4mspeetiom. reports -&r
ether matters $f reeerd that tray affeet said ire department.. tr district. -1-r
-tht absence tf Mare definite , sa e h eemmunica shall 1te erected
t-e the f4 re e hri of tf + reec -e department. -or d i strut;
l�-- -Te 1Fe� -off 44+e 4it *i-t wee -&4 reports -f f-i res and explosions
*ade t-e #gym pti rsa an t t-e +h 4s chapter;
f . -Te 5 u bm i t -by + ht 4-ay tf -d� -air -an a a i r eparb -te
the director -of pub! i a works mhe shall, -fr turn, s abfflit taps es tf +I tee report to
the W h ate em County executive, Whateem £ ou n ty a ou m e i l , -ar-d one taps+ each to each
f're ''rte' = = -afrd -a" der entit J' tai tg tar ++re marshal se i es. TMre
feport s he! 1 teatain -a =tc�- T -of #ht +4,i°e mars i al's -of fieia! -acts purs u an jt to
tkri-s e h apter.
f—. +Fe thre purpose -of teord i m ati the e- e<errt -ef the -U form
-F i C-ode and other related tedes , +er tFte purpose -of Cheek i mg temmmerei-a!
std. i m da st i et i , p l arts -ar-d plats, the ++re marshal s-ha i-1 -d s -bt desigmated -ns the
e h i of of e s epee i m s peeter +er the bureau -f bu i l d i rigs -acrd Cede
-G-. *44 investigations -ef + re Marrs e, origin -afrd extent tf +ass caused
by t ire and explosions. s h al 1 -be with ate
aff -ire anrd the county sheriff's i-he #+re Fa etrsh at-1 shall estab! Sit
*4-t+ these agencies procedures +er +rte report -of t-i res -ar-d exp-1 as-i ens.
A. The Arson and Fire Investigator shall have such op wers as are con-
ferred on him by the Count Sheriff, state and local laws, for the up rpose of
enforcement of the laws enumerated herein and codes, ordinances and laws adopted
ORDINANCE - 2.
Date drafted: 1/15/85
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by reference herein in the performance of the functions enumerated herein, and
other laws and codes adopted by reference for the up rpose of investigation
within the county concerning the cause, prevention and reduction of damage from
fire and explosion, and assisting and cooperating with the appropriate officials
and agencies as enumerated herein in the matter of�ire and arson
investigations.
B. He shall notify the Chief of am fire department or district
within the count of inspections, investigations, reports or other matters of
record that may affect said fire department or district. Notification shall be
by telephone or mail within amours. The Arson and Fire Investigator shall
maintain files in his office of all reports of fires, explosions, inspections
and investigations made bar him pursuant to this ordinance and to submit, on or
by the 31st dM of January, an annual report. This report shall contain a sta-
tement of the Arson and Fire Investigator's official acts pursuant to this ordi-
nance unless otherwise directed by the Prosecuting Attorney or County Sheriff.
C. For the up rpose of coordinating enforcement of the Uniform Fire
Code with other related codes and state laws as enumerated herein, the Deputy
Fire Marshal, in coordination with the Bureau of Buildings & Code Administration
under the direction of the Director of Public Works /Building Official, shall
have the authority and exercise the op wers in the performance of his duties as
set forth in the Uniform Fire Code, 1982 Edition.
Section 2.
Whatcom County Ordinance No. 84 -40, Section 3 amending Section 9.126 of
the Uniform Fire Code, 1982 Edition, is hereby amended to read as follows:
Section 9.126. Whenever the term "Fire Department" is referred to in
this ordinance and the Uniform Fire Code, 1982 Edition, it shall be construed to
mean the county fire districts, except in the Uniform Fire Code, 1982 Edition,
and other pertinent sections within the code and within this ordinance and other
laws and ordinances adopted by reference herein pertaining to the enforcement
and interpretation of the Uniform Fire Code on existing and new construction,
fire flow requirements, water supply, fire hydrant locations, and other related
conditions and requirements pertaining to existing and new construction of
buildings and structures, it shall be construed to mean the Department of Public
Works, Bureau of Buildings & Code Administration. In Sections 2.202, 2.203 and
other sections of the Uniform Fire Code, 1982 Edition, state and local laws, and
sections enumerated herein pertaining to arson and fire inspection and investi-
gation, it shall be construed to mean the County Sheriff's Department, Arson and
Fire Investigation Bureau.
Whenever the term "Administrative Authority" is
referred to in this ordinance or in the Uniform Fire Code, 9 2 Edition, it
shall be construed to mean the County Sheriff, except whenever the term is
referred to in this ordinance and in the Uniform Fire Code, 1982 Edition, per-
taining to existing buildings and new construction, fire flow, fire hydrant
locations, water supply, applications and permits, it shall be construed to mean
the Director of Public Works /Building Official.
Whenever the term "Fire Chief" is referred to in this
ordinance and the 1982 Edition of the Uniform Fire Code pertaining to arson and
fire inspection and investigation, it shall be construed to mean the Arson and
Fire Invest, ator. Whenever the term "Fire Chief" is referred to in this ordi-
nance and the 1982 Edition of the Uniform Fire Code pertaining to enforcement,
interpretation and inspection of existing and new buildings and structures, it
shall be construed to mean the County Deputy Fire Marshal. Whenever the term
"Fire Chief" is referred to in this ordinance pertaining to impression or
extinguishing of dangerous or hazardous fires, it shall be construed to mean the
Chief of the count— district.
ORDINANCE - 3.
Date drafted: 1/15/85
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Whenever the term "Fire Prevention Bureau" is referred
to in this ordinance and th82 Edition of the Uniform Fire Code pertaining to
the investigation of the cause, origin and circumstances of fire, it shall be
construed to mean the County Sheriff's Department, Arson and Fire Investigation
Bureau. Whenever the term "Fire Prevention Bureau" is referred to in this ordi-
nance and the 1982 Edition of the Uniform Fire Code pertaining to existing and
new construction, it shall be construed to mean the Department of Public Works,
Bureau of Buildings & Code Administration.
Whatcom County Ordinance No. 84 -40, Section 5 amending Subsection
10.301(c) of the Uniform Fire Code, 1982 Edition, is hereby amended to read as
follows:
(c) An approved water supply capable of supplying required fire
flow for fire protection shall be provided to.all premises upon which buildings
or structures or portions of buildings or structures are hereafter constructed.
When any portion of the building or structure protected is in excess of 150 feet
from a water supply on a public street or county road there shall be provided,
when required by the Deputy Fire Marshal or Building Official, on -site fire
hydrants and mains capable of supplying the required fire flow. Water supply
and fire flow shall be determined by the Public Works Director /Building Official
and approved by the Whatcom County Deputy Fire Marshal.
Water supply may consist of reservoirs, pressure tanks, ele-
vator tanks, water mains, or other fixed system capable of supplying the
required fire flow. In setting the requirements for the fire flow, the Deputy
Fire Marshal and /or the Building Official shall be guided by WAC 248 -57 Water
System Coordination Act: Fire Flow Regulations.
The location, number and type of fire hydrants connected to a
water supply capable of delivering the required fire flow shall be provided on
the public street or on the site of the premises to be protected as required and
approved by the Deputy Fire Marshal. All hydrants shall be accesesible to the
fire district apparatus by roadways meeting the requirements of Section 10.207.
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.
Section 4. Sunset Clause.
This ordinance will automatically expire on December 31, 1985 unless.
the Whatcom County Council takes action to re -enact it. If this ordinance is
allowed to expire, then it will be as if this ordinance never existed and
Whatcom County Code Sections 2.04.010 and 2.04.020 shall go back to their 1982
form, and Ordinance No. 84 -40 would go back into effect.
APPROVED this 17th day of January , 1985
ORDINANCE - 4.
Date drafted: 1/15/85
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
WILLIIAM P. ROEHL
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ATTEST:
Clerk of the Council
( �) APPROVED ( ) VETOED
DI—L V G,.,, C�
SHIRLEY VAV ZANTE
EXECUTIVE
Date: January 18, 1985
APPROVED AS TO FORM:
Civil Deputy osecuting
Attorney
Published on January 9 and January 23, 1985
This ordinance becomes effective on January 28, 1985
ORDINANCE - 5.
Date drafted: 1/15/85