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Home My WebLink AboutORD 18440 Bill No. AN ORDINANCE TO DELETE TITLE X, CHAPTER 1, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO THE 1979 UNIFORM -FIRE CODE, 1979 UNIFORM FIRE CODE STANDARDS AND THE 1979 NATIONAL FIRE CODES, STANDARDS AND RECOMMENDED PRACTICES, AND ADOPTING A NEW TITLE X, CHAPTER 1, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO THE 1988 UNIFORM FIRE CODE, AND THE 1988 UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES. BE IT ORDAINED BY THE MAYOR AND COUNCIL_ OF THE CITY OF CALDWELL, COUNTY OF CANYON. STATE OF IDAH(3: 10 -1 -1. ADOPTION OF 1988 UNIFORM FIRE CODE. There is hereby adopted by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho for the purl:)ose 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 -B, II --A, II -B, II -D, II -E, III -A, III -B, III -C, III -D, IV -A, V -A, VI -A, VI -D, and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1998 editions thereof and the whole thereof, save and except sL►ch portions as are hereinafter deleted, modified or amended by Section 7 of this ordinance are now on file in the office of the of the Caldwell Fire Department and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provision, thereof shall be controlling within the limits of the City of Caldwell, County of Canyon, State of Idaho. 10 -1 -2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. (a) The uniform Fire Code shall. be enforced by the bureau of fire prevention in the fire department of the City of Caldwell which is hereby established and which shall be operated under the supervision of the chief of the fire department. 0 • (b) The Fire Marshal in charge of the bureau of fire prevention shall be appointed by the Fire Chief of the Caldwell fire Department, City of Caldwell on the basis of examination to determine his qualifications, and appointment made after examination shall be for an indefinite term with removal only for cause. (c) The chief of the fire department may detail sr.ir_h members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the Mayor of the City of Caldwell the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. 10 -1 -3. DEFINITIONS. (a) Whenever the word "jurisdiction" i� used in the Uniform Fire Code, it is the City of Caldwell, County of Canyon, State of Idaho. (b) Whenever the words "chief of the bureau of fire prevention" are used they shall be held to mean "fire Marshal." 10 -1 -4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVE GROUND TANKS IS PROHIBITED. The limits referred to in Section 79.501 of the Uniform Fire Code in which the storage of flammable or combustible liquids is prohibited are hereby established as follows: In all zoning districts and overlay zones, except M -1, M -2, and I -P without overlay zones with the approval of the chief. 10 -1 -5. ESTABLISHMENT OF LIMITS OF DISTRICTS IN LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 82.104 (a) of Code in which the storage of liquefied petroleum restricted, are hereby established as follows: In districts and overlay zones, except M -1, M- -2, and overlay zones with the approval of the chief. WHICH STORAGE OF the Uniform Fi gas is all zoning I -P without 10-1-6. ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 77.106 (b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: In all zoning districts and overlay zones, except M-1. M-2, and {-P without overlay zones with the approval of the chief. 10-1-7. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. a. Section 79.115 (f) Uniform Fire Code, be, and the same is amended to read as follows: Exception: _-Unde[g[q49d_tanks_ that - comply _with - the [le[fg[mance_standards_for_gew-o[_upg[@dg!d qndg[q[qqnd- tanks _set _forth _in-40_CFR_28O.20_g[_4O CFR_28O.2 finale - rule _maY_[2Tqi9 _ Out _Of sg[viqg-i�d�fi�it�l�_��_l��Q_��_th�Y-[��i�-in �lgmpliance-with_the_oOT[�!tigD,_-qiaiDtenance.,_ay.id [elease_ detection _[eQqi[g�nqLits-of- the _finale - rule. b. Section 79.603 1. Uniform Fire Code, be, and the same is amended to read as follows: ' Sec. 79.603 1. Through the use of cathodic protection system in accordance with recognized standards of design. See Section 2.304- C. Section 79.605 (c) Uniform Fire Code, be, and the same is amended to read as follows: Section 79.6{)5 (c) . . testing of tanks shall leaks as small as 0.10 piping and equipment s� repaired or replaced. Section 79.601 (d). . . Devices used for finial be capable of detecting gallon per hour. Leaking iall not be used until For leaking tanks, see D. Section BO.303 (a) 6.1) (i) Uniform Fire Code, be and the same is amended be the addition of, and to read as follows: ExceDtion:-_Up9L the _fire _cbief,_ tanks _ag_ site _and _ig_ use _as_[ecommended_by-th� Chlo[ine_Institute_may_bg_�t5gd-f[lr-chlgr,ine_Qa-s product - leaks -iD- lieu -gf- the _treatment _system [@ggi[@Tqnts_gf_ this _ sect i�ln_as_lonQ-q�_thq[g_�[g two_[esQgDde[s_�hg_�[��_t��i��d_iD-th��_�� ELnplgyed_by_thq_Us2[� 10 -1 -9. APPEALS. a. Whenever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to a Board of Appeals within thirty (30) days from the date of the decision appealed. b. The appeals board will determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this code, the board has to act within the scope and purpose of the code. The appeals board can not violate the code in their rulings. c. There shall be and hereby is created a Board of Appeals consisting of five members who are qualified by experience and training to pass upon pertinent matters. the fire c=hief shall be an ex officio member and shall act as secretary of the hoard. The Board of Appeals shall be appointed by the Mayor with the advice and consent of the Council and shall hold office at their - pleasure. The board shall render all decisions and findings in writing to the fire chief, with a duplicate copy to the appellant, and may recommend to the executive body such new legislation as is consistent with in the fire code. d. At the hearing before the Board of Appeals the appellant may present evidence, call witnesses and be represented by counsel.. Within ten (10) working days after the date of the hearing, the Board of Appeals shall render there decision and or findings. e. The decision of the Board of Appeals shall be final and conclusive. Appeal from a decision of the Board must be made to the State Fire Marshals Office, and then to the District Court for Canyon County. 10 -1 -9. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The Mayor of the City of Caldwell, the chief, the building official and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after givinq affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in said code. The chief of the bureau of fire prevention shall post such lists in a conspicuous place in his office, and distribute copies thereof to interested persons. 0 10 -1 -10. Penalties. (a) Any person who shall violate any of the provisions of this Code or Standards hereby adopted or fail to comply therewith, or who shall violate or fail to comply with order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the appeals process or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation avid noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00) or by imprisonment for not less than thirty (30) days nor more than one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days, that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall riot be held to prevent the enforced removal of prohibited conditions. 10 -1 -i1. VALIDITY. The City Council of the City of Caldwell hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of Caldwell that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. 10 -1 -12. All ordinances, resolutions, orders or parts thereof, in conflict herewith are hereby repealed, rescinded and annulled. 10 -1 -13. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. 0 0 PASSED BY THE CITY COUNCIL of the City of Caldwell this -- - 5th - day of March 1990. APPROVED BY THE MAYOR of the City of Caldwell this -_ 5th day of ---- March ------ 1990. ATTEST: ay r City Clerk