Chapter 8.12
FIRE CODE
Sections:
8.12.010 International Fire Code—Adopted.
8.12.020 International Fire Code—Enforcement.
8.12.040 International Fire Code—Appeals.
8.12.050 International Fire Code—Disclaimer.
8.12.060 Establishment of limits—Bulk storage of liquefied petroleum gases.
8.12.070 International Fire Code—Violations—Penalties.
8.12.010 International Fire Code—Adopted.
A. The 2009 Edition of the International Fire Code, including Appendix Chapters B through G, I and J as published by the International Code Council and all applicable reference changes published by the State Fire Marshal, is adopted by the city for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Valdez.
B. The city clerk is directed to keep on file at least three copies of the International Fire Code including Appendix Chapters B through G, I and J as published by the International Code Council, and all applicable reference changes published by the Alaska State Fire Marshal.
C. It is unlawful for any person to take any action or permit any action to be taken contrary to or in violation of any provisions of the International Fire Code. (Ord. 12-08 § 1 (part): Ord. 02-22 § 1 (part))
8.12.020 International Fire Code—Enforcement.
A. The International Fire Code shall be enforced by the fire department.
B. The fire chief may detail such members of the fire department, or building department as inspectors or enforcement officers as shall from time to time be necessary. (Ord. 12-08 § 1 (part): Ord. 02-22 § 1 (part))
8.12.030 Modification.
The city council shall have power to modify the provisions of the International Fire Code adopted by this chapter when such modifications do not fall below the minimum standards for fire safety and prevention as adopted by the Alaska State Fire Marshal. (Ord. 12-08 § 1 (part): Ord. 02-22 § 1 (part))
8.12.040 International Fire Code—Appeals.
Whenever the fire department shall disapprove an application or refuse 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 has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire chief.
A. Appeal to the Planning and Zoning Commission.
1. Filing Limit. An appeal from the decision of the fire chief in enforcement of this title may be taken to the planning and zoning commission by the permittee or agent thereof. The written appeal must be filed within fifteen days of the decision of the fire chief. The appeal must be filed with the office of the city clerk.
2. Report. A report concerning each case appealed to the planning and zoning commission shall be prepared by the fire chief and filed with the city clerk. Such report shall state the decision and recommendations of the fire chief together with reasons for the decision and recommendations. All data pertaining to the case shall accompany the report.
3. Stay of Proceedings. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the planning and zoning commission, unless the court issues an enforcement order based on a certificate of imminent peril to life or property.
B. Appeal to the Board of Adjustment.
1. Filing Limit. An appeal from any action or decision of the planning and zoning commission may be taken to the board of adjustment by the permittee or agent thereof. The appeal shall be in the form of a written statement, and state how the appellant will be affected or aggrieved by the action. The appeal must be filed within ten days of the date of the action or decision by the planning and zoning commission. The notice of appeal must be filed with the city clerk.
2. Report. A report concerning each case appealed to the board of adjustment shall be prepared by the planning and zoning commission and filed with the city clerk. Such report shall state the decision and recommendations of the commission together with reasons for the decision and recommendations. All data pertaining to the case shall accompany the report.
3. Stay of Proceedings. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the board of adjustment, unless the court issues an enforcement order based on a certificate of imminent peril to life or property.
C. Appeal to Superior Court. An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by the permittee or agent thereof, or any officer, commission or board of the city, to the superior court by filing with the court, with a copy to the city clerk, within thirty days from the date of the action appealed from, a notice of appeal which shall specify the grounds of such appeal. Failure to file the notice of appeal in the manner and time specified shall forfeit any right to appeal. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the court, unless the court issues an enforcement order based on a certificate of imminent peril to life or property. (Ord. 12-08 § 1 (part): Ord. 02-22 § 1 (part))
8.12.050 International Fire Code—Disclaimer.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 12-08 § 1 (part): Ord. 02-22 § 1 (part))
8.12.060 Establishment of limits—Bulk storage of liquefied petroleum gases.
The limits referred to in Chapter 38, Section 3804.2 of the International Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are established as follows: The bulk storage of liquefied petroleum gas is permissible only in the heavy industrial zoning district of the city. (Ord. 12-08 § 1 (part): Ord. 02-22 § 1 (part))
8.12.070 International Fire Code—Violations—Penalties.
A. Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code shall be punishable by a fine of not more than three hundred dollars. Each ten days that a violation continues after due notice has been served shall be deemed a separate offense.
B. Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than three hundred dollars. (Ord. 12-08 § 1 (part): Ord. 02-22 § 1 (part))