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8.4 1988 UFC CITY OF SALINA m REOUEST FOR COIVNI$SION ACTION .. DATE TI.ME ............ 7/10/89 ~:00 P.M. AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: NO. 8 Fire Department BY: Tom Girard BY: Item Uniform Fire Code Backgr0un.d On May 22, 1989, Chief Girard, Fire Marshal Scott and Chief Building Inspector, Mike Peterson, met the City Commission and presented reason for adoption of the Uniform Fire Code. This information, based on requirements of the Superfund Amendment and Reauthorization Act passed by Congress in 1986, puts the .. responsibility to local communities to adopt good codes that. will-fill the "Community Right-to-Know" about hazardous materials. The Uniform Fire Code is "the tool" necessary to satisfy these requirements; however, we would like to think of the UFC as a complete guide to our community fire safety. As relates to SARA Title III, the UFC will identify those fixed sites .that contain hazardous materials in reportable quantities. The' local Emergency Planning Committee h'as been meeting for the past 18 months to meet these requirements of SARA Title i!1, with the adoption of the Uniform Fire 'Code being its next objective in signing and identifying for the "Community Right-to-Know" those sites so defined as "hazardous." The fire department staff, along with staff from other City departments, has reviewed the Uniform Fire Code as adopted (and under study for adoption) by other' Kansas communities of Wichita, Hutchinson and Lawrence. We amended our UFC to some of their basic changes; however, these related to trends only as most communities have unique characteristics not like 5alina. We took some of theirs, added some of ours and came up with what we feel is a very good code package. We have worked closely with counsel of our City Attorney, Greg Bengtson to ascertain the language of the code so that it remains clear and concise in all issues. Recommended action Introduce Ordinance Numb(~r 89-9327 for first readin(~. . ....... COh~ISS ION ACTION IVlOTION BY SECOND BY TO: (Published in The Salina Journal July , 1989) ORDINANCE NUMBER 89-9327 AN ORDINANCE ADOPTING THE 1988 EDITION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, INCLUDING ALL APPENDICES THERETO BY REFERENCE, EXCEPTING CERTAIN SPECIFIED SECTIONS; AMEblDING SECTIONS__.14-41 _AND 14-42 OF THE SALINA CODE AND REPEALING THE EXISTING SECTIONS; ENACTING SECTIONS 14-6, 14-7, 14-8, 14-9, 14-10 AND 14-11 OF THE 5ALINA CODE WHICH AMEND SECTIONS 2.105, 2.201, 3.102, 10.203, 79.1206 AND APPENDIX Ill-A, PARAGRAPH 4 OF THE UNIFORM FIRE CODE, 1988 EDITION, AND REPEALING THE EXISTING SECTIONS OF THE UNIFORM FIRE CODE; AND REPEALING THE EXISTING SECTIONS 14-2, 14-3, 14-4, 14-5 AND 14-55 OF THE SALINA CODE. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 14-41 of the Salina Code is hereby amended to read as follows: "Section 14-41. Uniform Fire Code adopted. There is hereby adopted, by reference, for the purpose 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, (the "UFC"), including its several appendices, and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1988 edition thereof and the whole thereof, save and except Sections 2-303, 9.108(f), 11,208, 78,101, 78.102, 79.1201 which are hereby deleted and such portions as are hereinafter modified or amended by Sections 14-6, 14-7, 14-8, 14-9, 14-10 and 14-11 of The Salina Code. Not fewer than three (3) copies of which Code and Standards have been and are now filed in the Office of the City Clerk 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 Salina, Kansas." Section 2. That Section 14-42 of the Salina Code is hereby amended to read as follows: "Section 14-42. Violations. Any person who shall violate any provisions of the Fire Prevention Code adopted by reference in Section 14-41 or any changes or additions thereto prescribed by this division or fail to comply therewith or who shall violate or fall to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken hereunder, shall severally for every violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons or corporations shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified each ten (18) days that prohibited conditions are maintained shall constitute a separate offense. The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions." Section 3. That the Salina Code is hereby amended by adding Section 14-6 which shall read as follows: "Section 1~,-6. Amendment of Section 2.105 of the the Uniform Fire Code Section 2.105 of the Uniform Fire Code is hereby amended to read as follows: ....................... ,see's' ~-~'1-0~- AUthority of fire personnel to exercise powers of police officers. The chief and members of the fire department shall have the powers of a police officer in performin9 their duties under this code.I" Section ~,. That the Sallna Code is hereby amended by adding Section 14-7 which shall read as follows: "Section 1~-7. Amendment of Section 2.201 of the the Uniform Fire Code Section 2.201 of the Uniform Fire Code is hereby amended to read as follows: ~Sec. 2.201. Inspections and unsafe buildincjs. Sec. 2.201(a) Inspection. The fire department shall inspect, as often as may be necessary, all buildings and premises, including such other hazards or appliances as the chief may designate for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety. However, this shall not be interpreted to require the fire department to routinely inspect one and two family dwellings. Sec. 2.201(b) Unsafe buildincjs. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with procedures provided by law.~" Section 5. That the Salina Code is hereby amended by adding Section 14-8 which shall read as follows: "Section 1~1-8. Amendment of Section 3.102 of the the Uniform Fire Code Section 3.102 of the Uniform Fire Code is hereby amended to read as follows: ~Sec. 3.102. Compliance with order or notice. Any order or notice issued or served as provided in this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains. In cases of extreme danger to persons or property immediate compliance shall be required. If immediate compliance cannot be accomplished, then vacancy of the occupancy may be required by the Fire Chief or his designee. If the building or other premises is owned by one person and occupied by another, under lease or otherwise, and the order or notice requires additions or changes in the building or premises such as would immediately become real estate and be the ................. proper_ty _o_f__.the owner unless the owner and occup_a~_t__have otherwise agreed between themselves, in which event the occupant shall comply.'" Section 6. That the Salina Code is hereby amended by adding Section 14-9 which shall read as follows: "Section 1~,-9. Amendment of Section 10.203 of the the Uniform Fire Code That Section 10.203 of the Uniform Fire Code is hereby amended to read as follows: 'Sec. 10.203. Hydrant use approval. No person shall use or operate any hydrant or other valves installed on any water system intended for use by the chief for fire suppression purposes and which is accessible to any public highway, alley or private way open to or generally used by the public, unless such person first secures approval for use from the chief. This section does not apply to the use of a hydrant or other valves by a person employed by and authorized to make such use by the water company which supplies water to such hydrants or other valves.'" Section 7. That the Salina Code is hereby amended by adding Section 14-10 which shall read as follows: "Section 14-10. Amendment of Section 79.1206 of the the Uniform Fire Code That Section 79.1206 of the Uniform Fire Code is hereby amended to read as follows: 'Sec. 79.1206. Parking and gara,cjinc, i. Sec. 79.1206(a). Parkin~l on thoroughfare. ^ tank vehicle shall not be left unattended on any residential street; nor in or within 500 feet of any residential area, apartment or hotel complex, educational, hospital or care facility at any time; or at any other place that would, in the opinion of the chief, present an extreme life hazard. In locations other than those specified in Section 79.1206(a), a driver shall not leave a tank vehicle unattended on any street, highway, avenue or alley. EXCEPTIONS: 1. The necessary absence in connection with loading or unloading the vehicle, but dUring actual discharge for the vehicle, the provisions of Section 79-1204(b) shall apply. 2. Stope for meals during the day or night, if the street is well lighted at the point of parking. 3. When, in case of accident or other emergency, the operator must leave to obtain assistance. Sec. 79.1206(b) Parking off thoroucjhfare. A tank vehicle shall not be parked at any one point for longer than one hour except: At other approved locations not less than fifty (50) feet from any building and property line except those approved for the storage or serving of such vehicle.~" ...................... Se~_tion 8 ....... ~h_e_ Salina Code is hereby amended b_y,_~a_dding Section lq-ll which shall read as follows: "Section 14-11. Amendment of Appendix Ill-A, paragraph 4 of the Uniform Fire Code. That Appendix Ill-A, paragraph 4 of the Uniform Fire Code is hereby amended to read as follows: Fire-flow requirements for buildings The minimum fire-flow requirements for one and two family dwellings shall be one thousand (1,000) gallons per minute. EXCEPTION: Fire flow may be reduced fifty percent (50%) when the building satisfies any one of the following criteria: a. Is provided with an approved automatic sprinkler system. b. Meets Type 5, one (1) hour construction requirements. c. An approved alternate water supply is provided. d. Exposure distance from adjacent buildings meet the requirements of the National Fire Protection Association Table 17-3b (Handbook). e. Construction is on a tract for which final approval of required platting and zoning was in effect as of August 1, 1989. (Approval of required platting and zoning shall not include approval of a final development plan in a Planned Development District.)~" The fire flow for buildings other than one and two family dwellings shall be not less than that specified in Table No. III-A-A. EXCEPTION; The required fire flow may be reduced up to seventy-five percent (75%), but in no case less than 1,000 gallons per minute, when the building satisfies any one of the following criteria: a. Is provided with an approved automatic sprinkler system. b. An approved alternate water supply is approved. c. Exposure distances fi'om adjacent buildings meet the requirements of National Fire Protection Association Table 17-3b. (Handbook) d. Construction is on a tract for which approval of required platting and zoning was in effect as of August 1, 1989. (Approval of required platting and zoning shall not include approvat of a final development plan in a Planned Development District.)'" Section 9. That the existing Sections 1~t-2, 14-3, 14-4, 14-5, 14-41, 14-42, 1.4-55 of the .Salipa~.~ode are hereby repealed. Section 10. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: July 10, 1989 Passed: July 17, 1989 Joseph A. Warner, Mayor [SEAL] ATTEST: Jacqueline Shiever, City Clerk