HomeMy WebLinkAboutORDINANCE 0411-1978CITY OF KENAI
ORDINANCE NO. 411-78
A1v; ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AMENDING
CHAPTER EIGHT (NOW REFERRED TO AS TITLE EIGHT) OF THE KENAI CODE
TO UPDATE STANDARDS ADOPTED AND TO DELETE IMPRISONMENT AS A FORM
OF PUNISHMENT FOR VIOLATION COMMITTED UNDER THIS TITLE, AS AMENDED.
WHEREAS, the National Fire Code now has 16 volumes and was updated in 1976
and published in 1977. Therefore, it is imperative the City incorporate these
updated volumes into the City Code;
WHEREAS, the Fire Protection Handbook is merely a working manual on the National
Fire Code and is not an enforcement tool; therefore, there ia no need to have this
handbook in the City Code and should, thus, be deleted;
WHI~REAS, the Uniform Building Code, 1976 Edition, has been incorporated into
Title IV (Unifom Building Code) of the Kenal City Code; therefore, it is expedi-
ent to update Title VIII (Fire Code) of the City Code;
WHEREAS, it is an uhnecessauy expense for the City Clerk to have a copy of all 16
volumes of National Fire Codes and the Uniform Building Code of 1976 Edition. It
is, therefore, advisable for theee volumes to be on file in the Fire Chief's Office,
Public Safety Building;
WHEREAZ, it is necessai'y for the City to have the current 1976 Edition of the Uniform
Ffl'e Code and the 1977 Edition of the National Fire Code for enforcement procedures
and inspections, and these updated volumes should be incorporated into the City
Cede as fully as if set out verbatim herein; and,
WHEREAS, the City of Kenai is obligated to incur the cost of a Jm'y trial and public
defender when prosecuting a violation for a eareerable offense, it is advisable to
delete the imprisonment provisions in the Penalties section, Section 8.05.150.
BI~ IT ORDAINED by the Council of the City of Kenai, that the Code of the City of
Kanat is hereby amandod .in its entirety as attaehe.~l~hereto.
VI /CENT O'm ILL Q rg
ATTEST:
Sue' Peter, City Clerk
FIRST READING:
SECOND READING:
THIRD READING:
EFFECTIVE DATE:
June 7, 1978
June 9.1, 1979 - Tabled
July 5, 1978
August 5, 1978
6/9.7/78
TITLE Viii
FIRE CODE
Cha~ter:
05 Fire Prevention
8.05
8.05,020
8.05.030
8.05.040
8.05.050
8.05.060
8.05,070
8.05.080
8.05.090
8.05.100
8.05.110
8.05.120
8.05.130
8.05.140
8.05.010
Chapter 5. Fire P?evenflon
Adoption of Fire Prevention Standard
Fire Department to Enforce Fire Prevention Standards
Definitions
Bureau of Fire Prevention Established
Duties of Inspector
Initiation of Fire Investil~aflons
Dangerous Materials
Inspection of Hazardous Substances
Routine Inspections
Inspections on Request
Entry for Inspections Authorized
Records Required
Annual Report
Penalties
_Adop. tion of Fire Prevention Standard
1. The City hereby adopts the following fire prevention standards:
a. The NATIONAL FIRE CODES of 16 volumes, 1977 Edition, of the National Fire Protection Association;
b. The' Uniform Building Code, 1976 Edition, as published by the
International Conference of Building Officials;
c. That certain bound volume known as the Uniform Fire Code of
1976, except for such portions as are hereinafter deleted, mali-
fled, or amended; and the same are hereby adopted and incorp-
orated as fully as if set out verbatim herein.
At least one (I) copy of the above codes has been acquired and is filed
for record with the Fire Chief. Said codes are available for
flon in the Office of the Fire Chief, Public Safety Building.
AMENDED PAGE
$/~-$/78
8.05.020
Fire Department to Enforce Fire Prevention Standards
The Standards adopted hereby shall be enforced by the agency
designated as Fire Department for the City.
8o 05.030 Definitions
8.05.040
Definitions applicable to this flfie of the Kenat Code are:
1. "Municipality" whenever used in any of the code or codes
adopted hereby shall be the City of Kens/, Alaska.
2. "Corporation Counsel" as used in any code or codes adopted
hereby shall mean the City Attorney of the City of Kens/.
°
"Chief of the Fire Department" shall he that individual who
has been employed by rise CiO/of Kens/as the officer in charge
of such agency as may act as the fire department of the City of
Kens/. The "Chief of the Fire Department" may also be refer-
red to from time to time as "Fire Chi,'~' o
"Fire Department" shall be such agency or non-profit corp-
oration or volunteer fire department as may be variously
known as the Kens/Fire Department or Kenai Volunteer Fire
Department, or such comparable agency designated by the
City of Kens/to act as its agency to suppres~, control and
prevent fires m'- fire hazards with the City.
"Bureau of Fire Prevention" is a division or section of the Fire
Department for the City of Kens/which, by inspection and
citation, insists on standards profes$1onally established to
prevent or minimize fires or fire hazards.
"Chief Inspector" is an officer of the Fire Department aagigned
to head the Bureau of Fire Prevention and responsible
carrying out the functions of the said department relating to
prevention of fires as specified in this code.
Bureau of Fire Prevention Established
A Bureau of Fire Prevention for the Fire Department of the City
of Kenai is hereby established. The Fire Chief shall designate
an officer and such number of assistants as required to operate as
the Bureau of Fix, e Prevention.
8.05.050
8.05.060
Duties of Inspector
The officers of the Bureau of Fire Prevention ~hall enforce all laws
a~d ordinances of the State and C!ty for:
1. The prevention of fires;
2, The storage and use of explosives and flan~msbles;
3. The installa~3n_n An~ mn{ntonn_n.e~, nf 01~f.o.m..0.~.e n_.rld other fire
alarm systems, and fire extinguisher equipment;
4. The maintenance and regulation of fire escapes;
The means snd sdequaey of exit in case of fire from factories,
schools, hotels, lodging houses, asylums, hospitals, churches,
halls, theaters, amphitheaters, and sll other places in which
numbers of persons work, Hve, or congregate from time to
time for any purpose;
6, The investigation of the cause, origin, and circumstances of
fires; and
7. Such other regulations or duties as may be directed from time
to time by law or the Fire Chief,
Initiation of Fire Investigations
The Bureau of Fire Prevention shall investigate the cause,
origin and circumstances of every fire occurring in the City
by which property has been destroyed or damaged, and so fsr
as possible shall determine whether the fire is the result of
carelessness or design. Such investigations shall begin immed-
iately upon the oecttm, ence of such a fire, and if it appears to
the officer making an investigation that such fire is of suspic-
ious m, igtn, the Fire Chief shall be immediately notified of the
faet. The Fire Chief shall take chex'ge of the physical evidence,
shell notify the other authorities with concurrent Jurisdiction to
pursue rite investigation of such matters, and shall cooperate
with other such authorities in the colleotion of evidence and in the
prosecution of the case. Every fire shall be recorded in writing
by the Bureau of Fire Prevention not later than two days after the
occurrence of the same. Such repox't or record shall contain a
statement of aH facts relating to the cause, origin and circum-
stances of such fire, fl-_.~ extent of the damage thereof, and the
insurance upon such property, and such other information as
may be required.
8.05,070
8,05,080
8.05.090
Dangerous Materials
Before licenses may be issued for the keeping storatze, use, manu-
facture, sale, handling, transportation, or other disposition of
highly flammable material and rubbish, crude petroleum or any of
its products, gum or blasting power, crackers, and signaling ex-
plosives, the Fire Chief or the Chief Inspector or his assistants
shall inspect and approve the receptacles, vehicles, buildings,
or storage places to be used for any such purposes.
luspe.e.tf, on of Ha .z~wdous Substances
Not less than once per year or oftener as required, the Fire Pre-
vention Bureau shall inspect all specifically hazardous nmnufaet-
uring processes, storages, or installations of acetylene or other
gases, chemicals, oils, explosives and flammable materials, all
interior fire alarms and automatic sprinkler systems, and such
other hazards or appliances as the Fire Chief shall designate,
and shall make orders es may be necessary for the enforcement
of the laws and ordinances governing the same and for safegu~wd-
tng of life and property from fire.
Routine Inspections
The Fire Chief shah inspect or cause to be inspected, as often
as may be necessary, residentially zoned districts and once
per year in areas zoned for commercial or other high density
uses in the closely built portions of the City all buildings,
premises, and public thoroughfares, except the interiors of
private dwellings, for the purpose of ascertaining and caus-
ing to be cern'coted any conditions liable to cause fire or any
violations of the provisions o~ intent of any ordinance or regu-
lations of the City related to fh'e hazm'ds.
e
Whenever any inspector shall find in any building or upon any
promises or other place combustible or explosive matter el;
dangerous accumulations of rubbish or unneeeesa~y ac¢~mu~
laflon of waste paper, boxes, shavings, o~ any highly flam-
mable materials especially liable to fire, and which is so sit-
uated as to endanger prope~, or shall find obstructions to
or on fire escapes, stairs, passageways, doors or windows
liable to intefere with the operations of the Fire Department or
e~ess of occupants in case of fi~e, he shall order the same to
be removed or remedied, and such order 8~all forthwith be com-
plied with by the owner or occupant of such premises or
buildings, subject to appcal within twenty-four hours to the
Fire Chief, as provided in Section 8.05.100 of this code.
8.05.090
~ttne lnspe..~,ons (continue. d)
The sci'vice of any such order may be made upon the occupant
of premises to whom it t~ directed, either by delivering s copy
of same to such ceeupant personally or by delivering the same
to and leaving it with any person in charge of the premises,
or in case no such person is found upon the premises, by affix-
lng a copy thereof tn a conspicuous place on the said premises.
Whenever it may be necessary to serve svch an order upon
the owner of premises, such order may be served either
by delivering to and leaving with said person a copy of said
order, or 0 if such owner is absent from the Jurisdiction of
the officer making the order, by mailing such copy to the
owner's last known post office address.
8.05.100 Inspections on Request
An officer of the Fire Department upon the complaint of any
person or whenever deemed necessary shall inspect all build-
ings and premises within its Jtwisdietion. Whenever any of
said officers shall find any butMing or other structure which,
for want of repairs, lack of or insufficient ffl'e escapes, auto-
marie or other fire alarm apparatus or fire extinguishing
equipment or by reason of age or dilapidated condition or from
any other cause is especially liable to fire and which is so situ-
ated as to endanger other prope~, or the oe~apa.;~ ~ereof,
and whenever such an officer shall find in any building eom~
busttble or explosive master o~' flammable conditions dangerous
to the safety of such building or the occupants thereof, he shall
ox'der such dangerous conditions ch. matel.~ls to be removed or
remedied end such o~der shall forthwith be complied with by
the owner or ocaup~at of such premises or building. If such
order is made by the Chief Inspeeto~ or any of his Assistant
Inspectors, such owner or o~eupant may within twenty-four
hem's appeal to the Fire Chief, who shall within five days re~
view such order and file his decision thereon, and unless by
his authori~ the re'der is revoked or modified, it shall remain
in full force and be complied with within the time fixed in said
order or decision of the Fire Chief.
Provided, however, that any such owner or occupant may
within five days after the making or affirming of any such
order by the Chief of the Fire Department file a petition with
the Superior Court, praying s review of such order. Such
8,05,100
8.05,110
8.05.120
8.05.130
05.140
lnspecttens on Request
2. (continued)
parties so appealing to the 8uperio~ Court shall file with
said court within two days a bond in an amount to be
fixed by the Court, to be approved by thc Court, condition-
sd to pay all the cost of such appeal in ease such appellant
fails to sustain his appeal or the ~ame be dismissed for any
Entry for Inspections Authorized
The Fire Chief or any member of Bureau of Fire Prevention may,
at all reasonable hours, enter any building or premises within
his Jm, isdictlon for the purpose of making any inspection or invest-
igatlon which, under the provisions of this ordinance, he or they
may deem necessary to be made.
The Fire Chief shall keep in the office of the Bureau of Fire Pre-
vention a record of all fires and of all the facts concerning the
same, including statistics as to the extent of such fires and the
damage caused thereby and whether such losses were covered by
insurance, and if so, £~ what amount. Such record shall be made
daily from the reports made by the Inspectors under the provisions
of this o~dinance. All such records shall be public.
Annual Report
The annual repo~t of the Bureau of Fire Prevention shall be
made on or before the first day of Janua.-'y and be transmit-
ted to the City Manager. It shall contain all proceedings under
this ordinance with such statistics as the Fire Chief may wish
to include therein.
Penalties
Any person, firm, or corporation who shall violate any of the
provisions of the Fire Prevention Code hereby adopted or of
this chapter or fail to comply therewiUt, or who shall violate
or fail to comply with any order made thereunder, or who
shall build in violation of any detatle~ statement of apeciflca-
tions or plans submitted and approved thereunder, or any
certificate or permit issued th~,rsunder, and from which no
appeal has been taken, or who shall fail to co~aply with such an
order as affirmed or modified by the City Council or by a court
of competent Jurisdiction within the time fixed therein shall
severally for each and every such violation and noncompUance
respectively be g~ilty of a misdemeanor, punishable by a fine
of not to exceed One Hundred Dollars ($100.00). The imposition
AMENDED PAGE
8/28/78
$,05.140 PenanCes
1. (continued)
of one penalty for any violation shall not excuse the violation or
permit it to continue; and all such persons shall be required to
eom, eot or remedy such violations or defeet~ within a reasonable
time; and when not otherwise specified, each ten deys that pro-
hibited conditions are maintained shall constitute a sepm'ate
offense.
l: .... i
2. The applteflflon of the above penalty shall not be held to pre-
vent the enforced removal of prohibited conditions.
AMENDED PAGE
S/Z8/?8