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TITLE 13
FIRE DEPARTMENTChapters:
13.01 Personnel
13.02 Fire Chief’s Duties
13.03 Membership
13.04 Fire Department Services Defined
13.05 Apparatus and Equipment
13.06 General
13.07 Enforcement
13.08 Ambulance Transport
13.09 Fees for Services
13.10 Fire Code
13.11 Emergency Management
Chapter 13.01
PersonnelSections:
13.01.010 Personnel.
13.01.020 Officers.
13.01.030 Expenditure of funds.
13.01.010 Personnel.
Under the provisions of RCW 35A.12.100, the Mayor is in charge of the Fire Department. The Department shall consist of a Chief, one Assistant or Operations Chief, and other career and volunteer officers as necessary for the effective operation of the Department and as funded in the annual budget. Staffing for emergency response shall be primarily volunteer personnel augmented by career personnel. Up to 25 volunteers are authorized by the Department. (Ord. 97 § 1, Art. 1, Oct. 8th, 1970; Ord. 04-763 § 1).
13.01.020 Officers.
All Department career and volunteer officers shall be recommended for appointment to the Mayor by the Chief in accordance with the rules and regulations established by the Civil Service Commission. Such officers shall be accountable to the Chief and subject to removal in accordance with RCW 35A.12.090. (Ord. 97 § 4, Oct. 8th, 1970; Ord. 04-763 § 1. Formerly 13.01.040).
13.01.030 Expenditure of funds.
Legitimate expenditures of monies expended by any member of the Department, while in the official performance of duty at any fire or other emergency, shall be an official expenditure of the City of DuPont. Legitimacy of expenditure shall be adjudicated by the City Council; provided, the expenditure does not exceed $1,000 without Mayoral approval. If the Mayor is unavailable, any public official may exceed the $1,000 limit. (Ord. 97 § 1, Art. 5, Oct. 8th, 1970; Ord. 04-763 § 1. Formerly 13.01.050).
Chapter 13.02
Fire Chief’s DutiesSections:
13.02.010 General responsibilities.
13.02.020 Rules and regulations.
13.02.030 Organization of Department.
13.02.040 Conduct of drills and practice.
13.02.050 Investigation of arson.
13.02.060 Fire and explosives hazards.
13.02.070 Abatement of hazards.
13.02.080 Maintenance of records.
13.02.090 Monthly report.
13.02.100 Annual report.
13.02.010 General responsibilities.
The Chief shall be held accountable for the administration and management of the Fire Department under the supervision of the Mayor. All other Department officers shall be under the general supervision of the Chief. The Chief shall develop and maintain a Fire Department “master plan” that projects the mission, goals, performance objectives, organizational design and needed resources for at least five years into the future. The plan shall be reviewed and revised as necessary at least every five years and approved by the City Council. (Ord. 04-763 § 2).
13.02.020 Rules and regulations.
The Chief shall formulate a set of rules and regulations, subject to approval by the Council, to govern the Department and shall be responsible to the Mayor for personnel, morale and general efficiency of the Department. (Ord. 97 § 2, Art. 1, Oct. 8th, 1970; Ord. 04-763 § 2. Formerly 13.02.010).
13.02.030 Organization of Department.
The Chief shall determine the number and kind of companies of which the Department is to be composed and shall determine the response of such companies to alarms. (Ord. 97 § 2, Art. 2, Oct. 8th, 1970; Ord. 04-763 § 2. Formerly 13.02.020).
13.02.040 Conduct of drills and practice.
The Chief shall assure that all personnel are trained and competent, as required by State law, to perform assigned responsibilities in fire suppression, emergency medical, rescue, fire prevention and other services as considered essential for the protection of life and property within the City. (Ord. 97 § 2, Art. 3, Oct. 8th, 1970; Ord. 04-763 § 2. Formerly 13.02.030).
13.02.050 Investigation of arson.
The Chief shall assist proper authorities in suppressing the crime of arson by investigation or causing to be investigated the cause, origin, and circumstances of all fires. (Ord. 97 § 2, Art. 4, Oct. 8th, 1970; Ord. 04-763 § 2. Formerly 13.02.040).
13.02.060 Fire and explosives hazards.
The Chief shall formulate reasonable regulations for the handling and transporting of explosives, hazardous materials and fireworks within the City of DuPont and in accordance with the appropriate regulations and laws of the State of Washington. These regulations shall be adopted by the City Council. (Ord. 97 § 2, Art. 5, Oct. 8th, 1970; Ord. 04-763 § 2. Formerly 13.02.050).
13.02.070 Abatement of hazards.
Any person so served with a notice to abate any fire hazard or hazards shall comply therewith and promptly notify the Chief. The Fire Chief shall inform the Mayor when there is reason to believe that there exists a serious fire hazard within the City and he is unable to resolve the alleged hazard within the Chief’s authority. The City Council shall meet and determine the action to be taken. In the event of immediate threat to life, including but not limited to bomb threats and fires, the Chief or designated incident manager may immediately order the building and area at risk to be evacuated. (Ord. 97 § 2, Art. 6, Oct. 8th, 1970; Ord. 04-763 § 2. Formerly 13.02.060).
13.02.080 Maintenance of records.
The Chief shall see that complete records are kept of all fires, inspections, apparatus and motor equipment, personnel, training and other information about the work of the Department. (Ord. 97 § 2, Art. 7, Oct. 8th, 1970; Ord. 04-763 § 2. Formerly 13.02.070).
13.02.090 Monthly report.
The Chief shall report monthly in writing to the Mayor. The report shall cover such items as the condition of the apparatus and equipment; the number of fires during the month, their location and cause, the date of same and loss occasioned thereby; the number of members responding to each emergency incident; the number and purpose of all other response to requests for services; and any changes in membership. The report will be reviewed at the regular Council meeting. (Ord. 97 § 2, Art. 8, Oct. 8th, 1970; Ord. 04-763 § 2. Formerly 13.02.080).
13.02.100 Annual report.
The Chief shall make a complete annual written report to the Mayor at the end of the calendar year. Such report will include the information specified in DMC 13.02.090, together with comparative data for previous years and recommendations for improving the effectiveness of the Department. The annual report will be discussed at the next regular Council meeting. (Ord. 140 § 1, Feb. 13th, 1974; Ord. 04-763 § 2. Formerly 13.02.090).
Chapter 13.03
MembershipSections:
13.03.010 Appointment.
13.03.020 Suspension or discharge.
13.03.030 Compensation.
13.03.040 Participation in relief and pension acts.
13.03.050 Enrollment for pension, relief and disability compensation.
13.03.060 Payment of enrollment fee by City.
13.03.010 Appointment.
The membership of the Department shall consist of persons as may be appointed by the Chief and officers as appointed in Chapter 13.01 DMC. Candidates for appointment shall be administered a medical and physical examination to determine their fitness for duty in accord with State laws, rules and regulations and performance standards adopted by the Fire Chief. (Ord. 97 § 3, Art. 1, Oct. 8th, 1970; Ord. 223 § 1, May 9th, 1979; Ord. 04-763 § 3).
13.03.020 Suspension or discharge.
Any member, excluding exempt employees appointed in Chapter 13.01 DMC, may be suspended or discharged from the Department by the Chief for cause in accordance with State laws, the collective bargaining agreement and the Department’s adopted progressive disciplinary procedures. (Ord. 97 § 3, Art. 2, Oct. 8th, 1970; Ord. 04-763 § 3).
13.03.030 Compensation.
Volunteer members of the DuPont Fire Department shall receive an $8.00 stipend for reimbursement of incidental personal expenses for each emergency response and each training session attended, and a $30.00 stipend for reimbursement of incidental expenses for standing a voluntary 12-hour shift in the fire station. The Fire Chief and the Assistant or Operations Chief shall not receive any additional compensation for attending drills or responding to emergency incidents. (Ord. 97 § 3, Art. 3, Oct. 8th, 1970; Ord. 281 § 1, Jan. 13th, 1982; Ord. 04-763 § 3).
13.03.040 Participation in relief and pension acts.
The City of DuPont shall participate in the Volunteer Firefighter’s and Reserve Officers’ Relief and Pension Act (Chapter 41.24 RCW). (Ord. 97 § 3, Art. 4, Oct. 8th, 1970; Ord. 04-763 § 3).
13.03.050 Enrollment for pension, relief and disability compensation.
Each volunteer officer and volunteer member of the DuPont Fire Department shall be enrolled under the Volunteer Firefighter’s and Reserve Officers’ Relief and Pension Act upon becoming a member. Each volunteer officer and volunteer member of the Department may choose to enroll under the Pension Act. (Ord. 97 § 3, Art. 5, Oct. 8th, 1970; Ord. 04-763 § 3).
13.03.060 Payment of enrollment fee by City.
The City of DuPont shall pay annually the fee for the enrollment of each volunteer firefighter for relief and disability compensations and the City portion of the Pension Act, but shall not pay or advance payment of any fee chargeable by law to individual firefighters to another public agency. (Ord. 97 § 3, Art. 6, Oct. 8th, 1970; Ord. 04-763 § 3).
Chapter 13.04
Fire Department Services DefinedSections:
13.04.010 Services provided by the Fire Department.
13.04.010 Services provided by the Fire Department.
The City of DuPont Fire Department shall provide emergency and nonemergency response to fire, medical, rescue, environmental threats and releases, public assistance and fire prevention services within the jurisdictional boundaries of the City of DuPont. (Ord. 07-842 § 1).
Chapter 13.05
Apparatus and EquipmentSections:
13.05.010 General.
13.05.020 Purchase.
13.05.030 Housing.
13.05.040 Alarms.
13.05.050 Unauthorized use.
13.05.060 Unauthorized entry.
13.05.070 Mutual aid agreements.
13.05.080 Use of equipment out of City.
13.05.010 General.
The Department shall be equipped with such apparatus and other equipment, with budgetary limitations, as may be required to maintain its efficiency and properly protect life and property from fires. (Ord. 97 § 5, Art. 1, Oct. 8th, 1970; Ord. 04-763 § 6).
13.05.020 Purchase.
Recommendations of apparatus and equipment needed shall be made by the Chief and, after approval by the City Council by special appropriation or in the annual budget, shall be purchased in such manner as may be prescribed by law. (Ord. 97 § 5, Art. 2, Oct. 8th, 1970; Ord. 04-763 § 7).
13.05.030 Housing.
All equipment of the Department shall be safely and conveniently housed in such places as may be designated by the Chief. (Ord. 97 § 4, Art. 3, Oct. 8th, 1970).
13.05.040 Alarms.
Suitable arrangement or equipment shall be provided for citizens to turn in an alarm and for notifying all members of the Department so that they may promptly respond. (Ord. 97 § 5, Art. 4, Oct. 8th, 1970).
13.05.050 Unauthorized use.
No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without the authority of the Mayor or Chief take away or conceal any article used in any way by the Department. (Ord. 97 § 5, Art. 5, Oct. 8th, 1970).
13.05.060 Unauthorized entry.
No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the Department unless accompanied by or having the special permission of the Mayor or authorized member of the Department. (Ord. 97 § 5, Art. 6, Oct. 8th, 1970).
13.05.070 Mutual aid agreements.
The City of DuPont is hereby authorized to enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations to provide the members of such communities or organizations with fire protection or to establish a mutual aid system. (Ord. 97 § 5, Art. 7, Oct. 8th, 1970).
13.05.080 Use of equipment out of City.
The Chief shall have power to assign equipment for response to calls for outside aid in accordance with DMC 13.05.070 and in other cases only when such absence of equipment will not jeopardize protection in the City of DuPont. A full written report of such activities within this section shall be made to the Council at the next regular meeting. (Ord. 97 § 5, Art. 8, Oct. 8th, 1970; Ord. 04-763 § 8).
Chapter 13.06
GeneralSections:
13.06.010 Badge and insignia.
13.06.020 Emergency vehicle signals.
13.06.030 Traffic and parking.
13.06.040 Following fire apparatus.
13.06.050 False alarms.
13.06.010 Badge and insignia.
Each member of the Department shall be issued a badge designating assigned rank. (Ord. 97 § 6, Art. 1, Oct. 8th, 1970; Ord. 04-763 § 9).
13.06.020 Emergency vehicle signals.
All motorized fire apparatus responding to an emergency must and shall have red warning lights activated and siren activated when necessary to assure adequate warning to surrounding traffic in accordance with RCW 46.37.187. The fire apparatus shall have the right-of-way over all traffic and shall proceed at a safe and prudent speed. Each member responding in a private vehicle shall exercise every precaution to prevent an accident, and shall obey all traffic laws. (Ord. 97 § 6, Art. 2, Oct. 8th, 1970; Ord. 223 § 2, May 9th, 1979; Ord. 04-763 § 10).
13.06.030 Traffic and parking.
No person shall drive any vehicle over fire hose except upon specific orders from the Chief or other officer in charge where the hose is used. No person shall park any vehicle or otherwise cause any obstruction to be placed within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance, or within 15 feet of any fire hydrant on a public thoroughfare. (Ord. 97 § 6, Art. 3, Oct. 8th, 1970; Ord. 04-763 § 11).
13.06.040 Following fire apparatus.
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where the fire apparatus has stopped in answer to a fire alarm. (Ord. 97 § 6, Art. 4, Oct. 8th, 1970).
13.06.050 False alarms.
No person shall turn in or cause to be turned in any false alarm. (Ord. 97 § 6, Art. 5, Oct. 8th, 1970).
Chapter 13.07
EnforcementSections:
13.07.010 Violations.
13.07.020 Enforcement.
13.07.030 Police assistance.
13.07.010 Violations.
Any person violating the provisions of DMC 13.02.060, 13.05.050, 13.05.060, 13.06.020, 13.06.030, 13.06.040, and 13.06.050 shall be guilty of a misdemeanor and shall, upon conviction in District Court, be fined not less than $10.00 nor more than $250.00 for each offense. (Ord. 97 § 7, Art. 1, Oct. 8th, 1970; Ord. 04-763 § 12).
13.07.020 Enforcement.
All officers of the Department are hereby delegated police powers in accordance with RCW 35A.12.100 for the purpose of enforcing the provisions of this title. (Ord. 97 § 7, Art. 2, Oct. 8th, 1970; Ord. 04-763 § 13).
13.07.030 Police assistance.
It is hereby made the special duty of the Chief of Police and/or other peace officers who may be on duty and available for fire duty to respond to all fire alarms and assist the Department in the protection of life and property, in regulating traffic, maintaining order, and in enforcing observance of all sections of this title. (Ord. 97 § 7, Art. 3, Oct. 8th, 1970).
Chapter 13.08
Ambulance TransportSections:
13.08.010 Ambulance transport rates.
13.08.020 Authority to promulgate regulations.
13.08.030 Billing functions and services.
13.08.010 Ambulance transport rates.
The following rates are established for ambulance transports performed by the City of DuPont:
Basic Life Support:
$480.00
Advanced Life Support:
$660.00
Mileage:
$10.00/mile
“Basic life support” or “BLS” means noninvasive emergency medical services requiring basic medical treatment skills as defined in WAC 388-546-0001.
“Advanced life support” or “ALS” means invasive emergency medical services requiring advanced medical treatment skills as defined in WAC 388-546-0001.
Rates may be amended from time to time by resolution of the City Council, as a part of the City fee schedule. A copy of current rates shall be maintained by the City Clerk. (Ord. 07-843 § 1).
13.08.020 Authority to promulgate regulations.
The Mayor, or his/her designee, is hereby authorized to promulgate any and all regulations necessary to implement the provisions of this chapter, including regulations related to billing, payment, collections and penalties for delinquent payments. (Ord. 07-843 § 1).
13.08.030 Billing functions and services.
The Mayor, or his/her designee, is authorized to provide or contract for billing services necessitated through passage of the ordinance codified in this chapter. The Mayor, or his/her designee, is authorized to enter into agreements with other governmental jurisdictions or private companies for the provisions of ambulance billing and collection services. (Ord. 07-843 § 1).
Chapter 13.09
Fees for ServicesSections:
13.09.010 Schedule of fees.
13.09.020 Administration of billing.
13.09.010 Schedule of fees.
When the City of DuPont Fire Department is called upon to fight fires and/or render basic life support services on or for property which is, for any reason whatsoever, exempt from general property taxation, or which is outside the property tax jurisdiction of the City of DuPont (except by virtue of a Mutual Aid Firefighting Agreement), the following schedule of fees and charges will apply for said services:
(a) Engine #4211.
(1) Initial Cost: $110.00.
(2) Standby Cost: $44.00 per hour.
(3) Mileage Cost: $1.65 per mile.
(b) Support Vehicle #4291.
(1) Initial Cost: $110.00.
(2) Standby Cost: $28.00 per hour.
(3) Mileage Cost: $1.10 per mile.
(c) Personnel.
(1) Chief: $16.50 per hour.
(2) Captain: $9.80 per hour.
(3) Firefighter: $7.20 per hour.
(d) Equipment lost or destroyed. For any and all equipment lost or destroyed in the course of rendering services described in this section, the property owner shall be billed the actual cost of replacing said equipment. Depreciation shall not be a consideration in calculating equipment value. (Ord. 334 § 1, May 14th, 1986).
13.09.020 Administration of billing.
(a) The Fire Chief shall submit to the Clerk-Treasurer of the City of DuPont an itemized billing for services rendered within five working days of the Department actually having rendered the services described herein.
(b) The Clerk-Treasurer shall transmit said bill to the affected property owner within 15 days of the date services were rendered.
(c) All bills for services rendered under this chapter shall become due and payable within 30 days of the date of first billing. Bills not paid within 30 days shall accrue interest at the then prevailing rate. (Ord. 334 § 2, May 14th, 1986).
Chapter 13.10
Fire CodeSections:
13.10.010 Adoption of International Fire Code.
13.10.020 Establishment of fire prevention functions in the Fire Department.
13.10.030 Definitions.
13.10.040 Establishing limits in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited.
13.10.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited.
13.10.060 Establishment of limits in which storage of explosive and blasting agents is prohibited.
13.10.070 Establishment of limits in which the storage of compressed natural gas is prohibited.
13.10.080 Establishment of limits in which the storage of stationary tanks of flammable cryogenic fluids are to be prohibited.
13.10.090 Establishment of limits in which the storage of hazardous materials is to be prohibited or limited.
13.10.100 Amendments to the Uniform Fire Code.
13.10.110 Appeals.
13.10.120 New materials, processes or occupancies which may require permits.
13.10.130 Services and fees.
13.10.010 Adoption of International Fire Code.
There is hereby adopted by the City of DuPont, for the purpose of prescribing regulations governing conditions of hazardous materials or explosions, that certain code known as the 2006 International Fire Code, published by the International Code Council, as amended and adopted by the Washington State Building Code Council, and as further amended herein or amended subsequently by the City of DuPont. Also adopted are all appendix chapters except A, save and except such portions as hereinafter deleted, modified, or amended by the City of DuPont. (Ord. 98-614 § 1; Ord. 04-766 § 2; Ord. 07-836 § 2).1
13.10.020 Establishment of fire prevention functions in the Fire Department.
(a) The Uniform Fire Codes as adopted and amended herein shall be enforced by the Fire Chief or his designee in the Fire Department of the City of DuPont.
(b) Under the authority of the Chief of the Fire Department, on duty firefighters shall perform inspections and enforcement duties.
(c) The Fire Department shall inspect, as often as necessary, commercial buildings and premises, including other such hazards or appliances designated by the Fire Chief 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 or any other law or standard affecting fire safety.
(d) Any occupancy which is subject to a business or occupational license by the City of DuPont, which requires the general public to enter their home for business purposes, shall be subject to inspection under the authority of Section 103 of the Uniform Fire Code. This shall include all home-based business that require the general public to enter their home for business purposes. (Ord. 98-614 § 1).
13.10.030 Definitions.
(a) Wherever the word “jurisdiction” is used in the Uniform Fire Code, it refers to the City of DuPont.
(b) “Board of Appeals” shall be defined as the City Council with the Fire Chief acting as Secretary. (Ord. 98-614 § 1).
13.10.040 Establishing limits in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited.
The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the Uniform Fire Code, in which the storage of flammable or combustible liquids is restricted, are hereby established as follows:
Storage of flammable and combustible liquids in outside aboveground tanks shall be prohibited in all residential and commercially zoned areas. However in low density commercially zoned areas small aboveground tanks may be allowed by permit only. A temporary permit may be obtained for construction sites.
(Ord. 98-614 § 1).
13.10.050 Establishment of limits in which storage of liquefied petroleum gases is
prohibited. The limits referred to in Section 8204.2 of the Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows:Storage of LP-gas in excess of 2,000 gallons shall be prohibited in all commercially zoned areas.
(Ord. 98-614 § 1).
13.10.060 Establishment of limits in which storage of explosive and blasting agents is
prohibited. The limits referred to in Section 7701.7.2.of the Uniform Fire Code, in which storage of explosive and blasting agents is prohibited, are hereby established as follows:The storage of explosives and blasting agents is prohibited within the City of DuPont. Except, a permit allowing temporary storage may be obtained with the types, amounts, and locations being approved by the Fire Chief.
(Ord. 98-614 § 1).
13.10.070 Establishment of limits in which the storage of compressed natural gas is
prohibited. The limits referred to in Section 5204.5.2 of the Uniform Fire Code, in which the storage of compressed natural gas is restricted, are hereby established as follows:The storage of compressed natural gas shall be prohibited in all residentially zoned areas, and amounts in excess of 183,000 cubic feet shall be prohibited in all commercially zoned areas.
(Ord. 98-614 § 1).
13.10.080 Establishment of limits in which the storage of stationary tanks of flammable
cryogenic fluids are to be prohibited. The limits referred to in Section 3-1.5 of the Uniform Fire Code Standard 80-3, in which the storage of flammable cryogenic fluids in stationary containers is prohibited, are hereby established as follows:Storage of flammable cryogenic liquids in stationary tanks shall be prohibited in all residential and commercially zoned areas.
(Ord. 98-614 § 1).
13.10.090 Establishment of limits in which the storage of hazardous materials is to be prohibited or limited.
The limits referred to in Section 8001.1.1 of the Uniform Fire Code, in which the storage of hazardous materials is prohibited or limited, is hereby established as follows:
The storage of hazardous materials is limited to no more than 20,000 pounds in all manufacturing/research park, and industrially zoned areas, and restricted, based on the amounts of hazardous materials listed in table 105-C in all residential, office and commercially zoned areas. The storage of hazardous materials shall be in appropriate containers.
(Ord. 98-614 § 1).
13.10.100 Amendments to the Uniform Fire Code.
The Uniform Fire Code is amended and changed in the following respects:
Section 103.4.4 of the Uniform Fire Code is deleted in its entirety and replaced as follows:
Violations and Penalties.
A. Any person who violates any of the provisions of the Uniform Fire Code as adopted and amended herein or fails to comply therewith, or violates or fails to comply with any order made thereunder, or who builds 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 fails to comply with such order as affirmed or modified by the board of appeals, or by a court competent jurisdiction, within the required time, shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $75.00 nor more than $500.00 or by imprisonment for not less than one (1) day nor more than ninety (90) days or by both such fine and imprisonment. The imposition of one penalty for one 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 period of 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 not be held to prevent the enforced removal of prohibited conditions.
C. Citation System. The Uniform Fire Code is amended by the addition of the following Citation System, designed to implement effective enforcement of the Uniform Fire Code. The Fire Department inspectors, when designated in writing by the Fire Chief, may, whenever the inspector has reasonable cause to believe that a person has committed a misdemeanor under this chapter, issue a notice to appear in Court for a hearing on the charge. Inspectors shall be instructed to deposit executed citations or notices with the Clerk of the Municipal Court of DuPont, after review for legal sufficiency. The bail schedule shall be as follows:
UFC Section
Offense
Bail
103.4.3.1
Noncompliance with Order or Notice
$500.00
103.4.3.2
Unlawful use with Tag Affixed
$500.00
103.4.3.3
Unlawful Removal and Destruction of Signs and Tags
$500.00
All other violations
$75.00
Court costs may also be assigned as directed by the Court
D. City of DuPont Police Discretionary Duty of Enforcement. The City of DuPont Police shall also have the discretionary duty to enforce the Uniform Fire Code and may, subject to the provisions of this Chapter, arrest a person without a warrant whenever the Police have reasonable cause to believe that a person has committed a misdemeanor in the officer’s presence, and to issue a Notice to Appear (citation), and to release such person on his or her written promise to appear in Court for a hearing on such charges.
Section 105.9 of the Uniform Fire Code is added to read as follows:
Permit Fees. A fee of $50.00 will be charged for all permits fisted in section 105.8 of the Uniform Fire Code, with the exception that no permit fee will be charged for candles and open flames in assembly areas and parade floats.
Section 903.4.2 of the Uniform Fire Code are amended as follows:
Hydrants.
This standard shall apply to all new hydrant installations and when existing hydrants are replaced. When fire flow is required, hydrants shall be provided for the protection of all buildings or portions of buildings hereafter constructed. The location of hydrants shall be determined by the Fire Chief, guided by the following:
A. The average spacing between fire hydrants for other than one- or two-family dwellings (Group R Division 3) or private garages shall not exceed that listed on Table I. Regardless of the average hydrant spacing, no point on a street or a road frontage shall be farther from a hydrant than that distance listed in the last (far right) column of Table I. Distances shall be measured along approved emergency vehicle accesses and adjacent public and private roads.
B. For one-or two-family dwellings (Group R Division 3) or private garages, the distances from the center point of lot frontage to a hydrant shall not exceed three hundred fifty (350) feet.
C. On dead-end streets and roadways not exceeding six hundred (600) feet in length and serving one- or two-family dwellings (Group R Division 3) or private garages, there need not be hydrants located on said dead-end street, or roadways if there is an approved hydrant at the intersection.
D. Hydrants shall be provided along approved emergency vehicle accesses and adjacent public or private roads. When practical, hydrants shall be located at intersections. The minimum number of hydrants available to a building shall be not less than that listed in Table I.
Table I
Minimum Fire Flow Requirement (GPM)
Minimum # of Hydrants
Average Spacing Between Hydrants
(in ft1, 2)Maximum Distance From Any Point on Street or Road Frontage to a Hydrant (ft3)
1,500 or less
1
700
350
1,550
2
500
250
2,000
2
450
225
2,500
3
450
225
3,000
3
400
225
3,500 – 4,000
4
350
210
4,500 – 5,000
5
300
180
5,500
6
300
180
6,000
6
250
150
6,500 – 7,000
7
250
150
7,500 or more
8 or more4
200
125
Number and Distribution of Hydrants
(1) Reduce by 100 feet for dead-end streets or roadways.
(2) Where streets are provided with median dividers which can be crossed by firefighters pulling hose lines, or where streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on alternating basis up to a fire flow requirement of 7,000 gallons per minute and 400 feet for higher fire flow requirements. Where streets are provided with median dividers which cannot be crossed, hydrant spacing shall comply with Table I on both sides of the street.
(3) Reduce by 50 feet for dead-end streets or roadways.
(4) One hydrant for each 1,000 GPM or fraction thereof.
Section 5.3 of Appendix III-A of the Uniform Fire Code is added to read as follows:
Minimum fire flow requirements. The minimum fire flow requirements shall be as follows:
A. One- and Two-Family (R3) Dwellings 500 gpm for a minimum of two hours.
B. Multi-Family (R1) Dwellings 1550 gpm for a minimum of two hours.
C. Commercial 1,550 gpm for a minimum of two hours.
D. Industrial 2,000 gpm for a minimum of two hours.
Section 1003 of the Uniform Fire Code is amended as follows:
Fire Extinguishing Systems. Shall include City of DuPont Ordinance No. 489 as amended and Ordinance No. 499.
(Ord. 98-614 § 1).
13.10.110 Appeals.
Whenever the Fire 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 this code has been misconstrued or wrongfully interpreted, the applicant may appeal the decision of the Chief to the Board of Appeals within 30 days from the date of the decision appealed. (Ord. 98-614 § 1).
13.10.120 New materials, processes or occupancies which may require permits.
The Fire Chief and City Administrator shall act as a committee to determine and specify, after giving 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 the Uniform Fire Code. The Fire Chief shall post such list in a conspicuous place at the Fire Department and distribute copies thereof to interested persons. (Ord. 98-614 § 1).
13.10.130 Services and fees.
A fee of $50.00 shall be charged for each residential sprinkler base plan review. An additional fee of $50.00 shall be charged if there are significant changes in an existing base plan requiring an additional plan review. A fee of $50.00 shall be charged for residential sprinkler inspections that require more than one reinspection. (Ord. 98-614 § 1).
Chapter 13.11
Emergency ManagementSections:
13.11.010 Purpose.
13.11.020 Emergency management policy.
13.11.030 Emergency management defined.
13.11.040 Emergencies or disasters defined.
13.11.050 Emergency management program.
13.11.060 Emergency management plan.
13.11.070 Office of Emergency Management.
13.11.080 Disaster and emergency powers of the Director of Emergency Management (Mayor).
13.11.090 Duties of the Director of Emergency Management (Mayor).
13.11.100 Disaster and emergency powers of the Emergency Management Coordinator (City Administrator).
13.11.110 Duties of the Emergency Management Coordinator (City Administrator).
13.11.120 Emergency management appropriations.
13.11.130 Functions and duties of departments and employees.
13.11.140 Private liability.
13.11.150 Penalty.
13.11.160 Severability.
13.11.010 Purpose.
The declared purpose of this chapter is to provide for the preparation and carrying out of plans for mitigation, preparedness, response and recovery for persons and property within the City of DuPont in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services within the City of DuPont with the county and other affected public agencies and private persons, corporations and organizations. Any expenditure made in connection with such emergency management activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of DuPont. (Ord. 00-678 § 1).
13.11.020 Emergency management policy.
It is the policy of the City of DuPont to make effective preparation and use of manpower, resources, and facilities for dealing with any emergency or disaster that may occur. Disasters and emergencies, by their nature, may disrupt or destroy existing systems and the capability of the City of DuPont to respond to protect life, public health and public property. Therefore, citizens are advised to be prepared to be on their own for up to 72 hours should an emergency occur. (Ord. 00-678 § 1).
13.11.030 Emergency management defined.
“Emergency management” shall mean the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to and recover from emergencies and disasters, and to aid victims suffering from injury or damage resulting from disasters caused by all hazards, whether manmade or natural, and to provide support for search and rescue operations for persons and property in distress. (Ord. 00-678 § 1).
13.11.040 Emergencies or disasters defined.
“Emergency” or “disaster” as used in this chapter shall mean an event or set of circumstances which:
(a) Demand immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken neighborhood overtaken by such occurrences; or
(b) Reaches such a dimension or degree of destructiveness as to warrant the Mayor proclaiming the existence of a disaster or declaring a state of emergency in accordance with appropriate local and State law. (Ord. 00-678 § 1).
13.11.050 Emergency management program.
The emergency management program of the City of DuPont is hereby created and shall consist of:
(a) The Mayor (Director of Emergency Management), who shall be the administrative head and have direct responsibility for the organization, administration and operation of the emergency management program for the City of DuPont and direct responsibility for the emergency operation of departments of the City of DuPont.
(b) The City Administrator (Emergency Management Coordinator), who shall be responsible for the development, maintenance and coordination of the DuPont Emergency Management Plan. The City Administrator will also be responsible for the coordination of all training relating to the emergency management plan.
(c) The emergency management plan, which is the design for how the City will operate in a disaster or emergency.
(d) All mutual aid agreements and contracts for services. (Ord. 00-678 § 1).
13.11.060 Emergency management plan.
The emergency management plan, prepared by the City Administrator (Emergency Management Coordinator) and promulgated by the Mayor (Director of Emergency Management) and City Council, is the official emergency management plan of the City of DuPont. The Emergency Management Coordinator shall file a copy of said plan in the office of the City Clerk, and distribute copies of said plan to appropriate City departments. (Ord. 00-678 § 1).
13.11.070 Office of Emergency Management.
The City Administrator (Emergency Management Coordinator) shall be appointed by the Mayor (Director of Emergency Management) and shall develop and maintain the emergency management plan and program of the City of DuPont and shall have other such duties as may be assigned by the Director of Emergency Management. (Ord. 00-678 § 1).
13.11.080 Disaster and emergency powers of the Director of Emergency Management (Mayor).
In the event of a proclamation of a disaster as herein provided, or upon the proclamation of a state of emergency by the Director of Emergency Management or Governor, the Director of Emergency Management is hereby empowered:
(a) To proclaim a state of emergency when, in the opinion of the Director of Emergency Management, the resources of the City or region are inadequate to cope with the disaster;
(b) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
(c) To obtain vital supplies, equipment and other properties found lacking and needed for the protection of the life and property of the people, and to bind the City of DuPont for the fair value thereof, and if required immediately, to commandeer the same for public use;
(d) To control and direct the efforts of the emergency management organization of the City of DuPont for the accomplishment of the purpose of this chapter;
(e) To require emergency services of any City official, officer or employee and, in the event of the proclamation of a state of emergency by the Governor in the region in which the City of DuPont is located, to command the aid of as many citizens of the City of DuPont as may be deemed necessary in the execution of the Director of Emergency Management’s duties, and such persons to be entitled to all privileges, benefits and immunities as are provided by State law for registered emergency workers. (Ord. 00-678 § 1).
13.11.090 Duties of the Director of Emergency Management (Mayor).
The duties and responsibilities of the Director of Emergency Management shall include the following:
(a) Proclaim a state of emergency when necessary;
(b) Provide overall direction and control of City emergency management activities;
(c) Provide emergency information to the public;
(d) Provide liaison with the county, State and national elected officials. (Ord. 00-678 § 1).
13.11.100 Disaster and emergency powers of the Emergency Management Coordinator
(City Administrator). The Emergency Management Coordinator is hereby empowered:(a) To request the Director of Emergency Management (Mayor) or Mayor Pro Tem to proclaim the existence or threatened existence of a disaster or state of emergency and the termination thereof, or to issue such proclamation, in the absence of the Director of Emergency Management (Mayor) or Mayor Pro Tem, and communicate the situation to the above at the earliest practical time. (Ord. 00-678 § 1).
13.11.110 Duties of the Emergency Management Coordinator (City Administrator).
The duties and responsibilities of the Emergency Management Coordinator shall include the following:
(a) To carry out the program for emergency management, coordinate emergency efforts during the mitigation of, preparation for, response to, and the recovery from a disaster;
(b) To direct and control all operational activities of emergency services of the City before, during and after disasters;
(c) To develop and execute plans for utilization of resources before, during and after an emergency/disaster;
(d) To requisition necessary personnel or material from any City of DuPont department or agency;
(e) To execute all of the special powers conferred upon the emergency management coordinator by this chapter, by any other statute, agreement, lawful authority, as necessary;
(f) Other duties as deemed appropriate by the Director of Emergency Management. (Ord. 00-678 § 1).
13.11.120 Emergency management appropriations.
Appropriations will be made in the City budget to cover the expense of emergency management training, writing and maintaining the emergency disaster plan, and for administration of the emergency disaster plan. Such moneys are to be approved for expenditures in the same manner as expenditures are now authorized by requisition against the City budget. (Ord. 00-678 § 1).
13.11.130 Functions and duties of departments and employees.
The City Council hereby assigns to the various departments and to the officers and employees thereof the functions, duties and powers set forth in the emergency management plan. (Ord. 00-678 § 1).
13.11.140 Private liability.
No individual, firm, association, corporation or other party owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City of DuPont a license or privilege or otherwise permits the City of DuPont to inspect, designate and use the whole or any part or parts of such building or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency or disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon said building or premises as a result of any act or omission in connection with the upkeep or maintenance thereof, except a willful act of misconduct, when such person has entered or gone into or upon said building or premises for the purpose of seeking refuge therein during an emergency or disaster or an attack by enemies of the United States or during a disaster drill, exercise or test ordered by lawful authority. (Ord. 00-678 § 1).
13.11.150 Penalty.
Any person who shall:
(a) Willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon such member by virtue of this chapter;
(b) Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter if such act is of such a nature as to give or be likely to imperil the lives or property of the inhabitants of the City of DuPont or to prevent, hinder or delay the defense or protection thereof;
(c) Wear, carry or display, without authority, any means of identification specified by the Emergency Management Agency of the State;
shall be guilty of a misdemeanor and, upon conviction, be punished by fine not exceeding $1,000 or by imprisonment for a period not exceeding 90 days, or both at the direction of the court. (Ord. 00-678 § 1).
13.11.160 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 00-678 § 1).
Footnotes
1Code reviser’s note: Ord. 07-836 § 3 provides: The City Clerk shall file and maintain in the City Clerk’s office one copy of each of the referenced codes in the form in which they were adopted for use and examination by the public.
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