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HomeMy WebLinkAbout3498- ', '~ Dis''"bution: ~ 2orney / Fire Dept./ Bremerton Sunw/ NO. AN ORDINANCE establishing enforcement procedures for the Life Safety Code of the National Fire Protection Assoc- iation as adopted by the City of Brem- erton. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1: Whenever the Chief of the Fire Department or his duly authorized representative shall find in any building or structure within the City of Bremerton, violations of the Life Safety Code as adopted by the City, he shall issue such orders as may be necessary for the enforcement of the Life Safety Code. SECTION 2: Any order or notice authorized or required under Section 1 of this ordinance or by the Life Safety Code, shall be mailed .~ by registered mail, or served upon the person, firm or corporation owning, operating, or having control of the premises or structure where the violations exists. Said order shall specify and clearly enumerate the specific violations of the Life Safety Code and shall specify the steps and procedures necessary for the abatement of said violations. Every order or notice shall set forth time limits for compliance which shall be dependant in part upon the hazard and danger created by the violation. SECTION 3: Any person, firm or corporation owning, operating or having control of buildings, or any structure subject to regulation by the Life Safety Code of the National Fire Protection Association as adopted by the City of Bremerton, who shall premit any violations of the Life Safety code to exist on pr~mises under their control, or shall fail to take immediate action to abate violations of said code when ordered or notified to do so by the Chief of the Fire Department or his duly authorized representative shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than $500.00 or by imprisonment in the City - 1 - Jail for not more than 90 days or by both fine and imprisonment. In addition, any person, firm or corporation, owning, operating, or having control of buildings or any structure subject to regulatio by the Life Safety Code, who shall fail to comply with orders or notices issued by the Fire Chief or his authorized representative, shall be subject to a Civil Fine of not more than $200.00 for each day of non-compliance. SECTION 4: Any person, firm or corporation, aggrieved by any order issued by the Chief of the Fire Department or his authorized agent pursuant to this ordinance shall have the right to appeal said order or notice by filing a written notice of appeal at the office of the Bremerton City Clerk within five days from the date of the receipt of said order or notice from the Fire Department Upon receiving said notice of appeal, the Clerk shall notify the Board of Appeals and the City Council. SECTION 5: There is hereby created aBoardofAppeals.which shall consist of five members. The Board of Appeals shall be appointed by the City Council and shall hold office at their pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and hearings and render all decisions and findings in writing to the Fire Chief and to the appellant. Said Board shall have the power to affirm, rescind, or modify any order or notice issued pursuant to this ordinance. SECTION 6: As soon as practicable after receiving the written appeal filed pursuant to Section 4, the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall be not less than seven, nor more than fo~ty-five days from the date the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given to all parties at least five days prior to the date of the hearing by the Board. SECTION 7: Failure of any person to prefect an appeal in accordance with this ordinance shall constitute a waiver of the right to appeal any order or notice of the Fire Chief pursuant to - 2 - this ordinance. SECTION 8: Enforcement of any notice or order of the Fire Chief or his duly authorized representative issued pursuant to this Ordinance shall be stayed during the pendency of the appeal which has been properly and timely filed. SECTION 9: Severability Clause, should any portion of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively pressed that this Ordinance would have been enacted without that provision so held unconstitutional or invalid and the remainder of this Ordinance shall not be affected as a result of said part being held unconstitutional or invalid. APPRO~D by the City Council on the first reading this ~day of February, 1979. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentica- tion of such passage this ~day of March, 1979. Attest: R. ROSS, Deput'y City Clerk -3-