Chapter 16.11
SOLID FUEL BURNING APPLIANCE CODE
Sections:
16.11.030 Building department to administer.
16.11.040 Violations and penalties.
16.11.050 Standards amended—Right of entry.
16.11.060 Permit and inspection fees.
16.11.010 WABO Standards for Installation and Care of Solid Fuel Burning Appliances adopted by reference.
The Washington Association of Building Officials Standards for the Installation and Care of Solid Fuel Burning Appliances, 1984 Edition, is hereby adopted by reference. (Ord. 1251-86 § 1, 1986)
16.11.020 Title of ordinance.
The ordinance codified in this chapter shall be known as the “Solid Fuel Burning Appliance Code.” It will hereinafter be referred to as the “code.” (Ord. 1251-86 § 2, 1986)
16.11.030 Building department to administer.
The city of Everett building department shall be responsible for administering the provisions of this code. The building official shall have the powers and duties as herein set forth and as set forth in the code herein adopted by reference. (Ord. 1251-86 § 3, 1986)
16.11.040 Violations and penalties.
Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in jail not to exceed ninety days, or both fine and imprisonment. Each separate day or any portion thereof, during which any violation of this code occurs or continues, shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as provided in this section. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawful.
The issuance of granting of a permit or approval of plans shall not prevent the building official from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error.
Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred eighty days. Before such work can be recommenced, a new permit shall be first obtained, and the fee shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one hundred eighty days. (Ord. 1251-86 § 4, 1986)
16.11.050 Standards amended—Right of entry.
The Standards for the Installation and Care of Solid Fuel Burning Appliances is hereby amended by the addition of the following:
Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or Code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this Code. (Ord. 1251-86 § 5, 1986)
16.11.060 Permit and inspection fees.
A. Prior to the installation of all solid fuel burning appliances, a permit shall be obtained from the city’s building department. Once the solid fuel burning appliance has been installed, the appliance shall be inspected by the city’s building department prior to any usage thereof.
B. For the installation or relocation of each solid fuel burning appliance, a permit fee in the amount of $30 shall be paid to the building department. (Ord. 1251-86 § 6, 1986)
16.11.070 Purpose of code.
It is expressly the purpose of this code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.
It is the specific intent of this code to place the obligation of complying with these regulations upon the permit applicant and any person owning or controlling any building or structure within the scope of this code and no provision nor term used in this code is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this code shall be discretionary and not mandatory.
Nothing contained in this code is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a building to comply with the provisions of this code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this code, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this code by its officers, employees or agents.
Notwithstanding any language in this code, it is not the intent of this code to create a duty and/or cause of action running to any individual or identifiable person but rather any duty is intended to run only to the general public. (Ord. 1251-86 § 8, 1986)
16.11.080 Board of appeals.
In order to determine the suitability of alternate materials and methods of construction, to provide for reasonable interpretations of this code and to hear appeals from orders issued by the city’s building official, the board of appeals created pursuant to Ordinance No. 351-75 shall hear these matters. Appeals from written orders of the building official must be filed within thirty calendar days from the date of receipt of the written order by the aggrieved party. Such time limitation shall not apply to oral orders or directions given by the building official. The aggrieved party shall cause to be made at his own expense any tests or research required to substantiate his claim. (Ord. 1251-86 § 10, 1986)
16.11.090 Authority to abate.
A. Any violation of the code or the ordinance codified in this chapter is hereby declared to be a nuisance.
B. Where a nuisance exists, the city attorney on behalf of the city is authorized to institute injunction, mandamus, or other appropriate action or proceeding to prevent the violation of this code or ordinance.
C. Notwithstanding subsection B of this section, the city attorney is authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a temporary or permanent injunction restraining any person, firm and/or corporation from violating any provision of this code or ordinance and compelling compliance herewith. The cost of such action shall be taxed against the violator.
D. A conviction of any person, firm or corporation for violating this code or ordinance shall not impede the authority granted in this section to the city attorney or city. (Ord. 1252-86 § 11, 1986)