Chapter 13.02
ENFORCEMENT OF THE FIRE CODES
Sections:
13.02.010 Scope.
13.02.020 Definitions.
13.02.030 Administration and enforcement.
13.02.040 Investigation and notice of violation.
13.02.050 Stop work order and stop use order.
13.02.060 Emergency order.
13.02.070 Deadline for compliance – Extension of compliance deadline.
13.02.080 Violations.
13.02.090 Violation – Penalty.
13.02.100 Additional relief.
13.02.010 Scope.
This chapter shall supplement the procedures outlined in Ch. 1.04 KCC for enforcement of violations of the Kent City Code and both chapters shall govern enforcement of the fire codes adopted in KCC Title 13.
13.02.020 Definitions.
The definitions contained in KCC 1.04.020 shall also apply to this chapter. In addition, the following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fire code official means the chief of the city’s fire department, or any person authorized by the fire chief or other designated authority charged with the administration and enforcement of the fire codes.
Fire codes means and includes the International Fire Code as now or hereafter adopted, amended, and/or supplemented pursuant to KCC Title 13, the Revised Code of Washington, and/or the Washington Administrative Code.
13.02.030 Administration and enforcement.
A. It shall be the duty of the fire code official to enforce the fire codes in the manner generally described in the fire codes and as more particularly described in this chapter and in Ch. 1.04 KCC. Enforcement of the fire codes shall be performed by the fire code official or with his or her concurrence. The fire code official may call upon the police or other appropriate city department(s) to assist in enforcement.
B. The obligation of complying with the requirements of the fire codes shall fall upon any person defined under KCC 1.04.020(K) as a “person responsible for the violation,” and shall expressly include an owner, occupier, or other person responsible for the condition of the buildings, structures, dwelling units, or premises.
C. In case of conflict between the provisions of the fire codes and of this chapter, the provisions of this chapter shall control. In case of any conflict between this chapter and Ch. 1.04 KCC, this chapter shall control.
13.02.040 Investigation and notice of violation.
A. The fire code official shall investigate any building, structure, dwelling unit, or premises which the fire code official reasonably believes does not comply with the standards and requirements of the fire codes.
B. If, after investigation, the fire code official determines that the standards or requirements of the fire codes have been violated, the fire code official may seek compliance and serve a notice of violation on a person responsible for the violation or may otherwise enforce the fire codes pursuant to this chapter and Ch. 1.04 KCC.
13.02.050 Stop work order and stop use order.
The fire code official may issue a stop work order and/or a stop use order pursuant to the provisions of the International Fire Code or may issue such order whenever a continuing violation of any of the fire codes will materially impair the fire code official’s ability to secure compliance, or when a continuing violation threatens the health or safety of the public. A stop work order or a stop use order may include the placement of a stop work or a stop use red tag upon the building, structure, dwelling unit, or premises.
13.02.060 Emergency order.
A. Whenever any building, use, dwelling unit, and/or premises violates the fire codes in a manner that, in the opinion of the fire code official, creates a risk of imminent harm to the occupants of the building, dwelling unit, premises, or any member of the public, the fire code official may issue an emergency order barring use of the building, dwelling unit, and/or premises until the building, dwelling unit, and/or premises has been inspected by the city and approved as restored to a condition of safety, and the order may require that the building, dwelling unit, and/or premises be immediately vacated and closed to entry until the dangerous condition has been corrected to the satisfaction of the fire code official. The emergency order shall also specify a deadline for correction of the conditions that caused the emergency order to be issued.
B. The emergency order shall be posted on the building, dwelling unit, and/or premises and shall be mailed by regular first class mail to the last known address of the owners, and if applicable, to any known occupants.
C. Any building, dwelling unit, and/or premises subject to an emergency order which is not repaired within the time specified in the order is hereby found and declared to be a public nuisance, and the fire code official is authorized to abate that nuisance by any legal means and with any assistance that may be available, and all abatement costs shall become a lien against the property and shall be recovered by the fire code official in any manner provided by law.
13.02.070 Deadline for compliance – Extension of compliance deadline.
A. Where violations of the fire codes occur, deadlines for compliance with the fire codes, and any extension of the deadline for compliance granted by the fire code official, shall be governed by the conditions outlined in KCC 1.04.050.
B. An extension of the deadline for compliance may be revoked by the fire code official pursuant to the conditions outlined in KCC 1.04.050.
13.02.080 Violations.
A. It shall be unlawful to fail to comply with a notice of violation, final order, stop work order, condemnation tag or any other order or restriction imposed by the fire code official and issued pursuant to this title or Ch. 1.04 KCC.
B. It shall be unlawful to remove or deface any sign, notice, complaint, or order posted by the fire code official in accordance with his or her enforcement duties.
C. It shall be unlawful for any person to intentionally obstruct, impede, or interfere with any lawful attempt to serve notice of a violation or intentionally obstruct, impede, or interfere with lawful attempts to correct a violation.
D. It shall be unlawful for any person to fail to comply with an emergency order issued by the fire code official requiring that the building, dwelling unit, and/or premises be restored to a condition of safety by a specified time.
E. It shall be unlawful for any person to use or occupy, or to cause or permit any person to use or occupy the building, dwelling unit, and/or premises after the date provided in an emergency order requiring the building, dwelling unit, and/or premises to be vacated and closed, until the fire code official certifies that the conditions described in the emergency order have been corrected and the building, dwelling unit, and/or premises have been restored to a safe condition.
13.02.090 Violation – Penalty.
A. Civil code enforcement action. Any violation of any provision of this title constitutes a civil violation under Chapter 1.04 KCC for which a monetary penalty may be assessed and abatement may be required and/or otherwise enforced as provided therein.
B. Criminal offense. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of the Kent City Code may be charged criminally, pursuant to KCC 1.04.030(B).
C. Civil infraction. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter may be issued a class 1 civil infraction pursuant to RCW 7.80.120, as currently enacted or hereafter amended, and KCC 1.04.225.
D. Separate offense. Each day, or portion thereof, that a violation continues to exist shall be considered a separate offense.
(Ord. No. 3691, § 3, 5-4-04; Ord. No. 3880, § 3, 5-6-08; Ord. No. 4282, § 7, 7-3-18)
13.02.100 Additional relief.
The fire code official may seek legal or equitable relief to enjoin any acts and practices and abate any condition which constitutes or will constitute a violation of the fire codes when civil or criminal penalties are inadequate to effect compliance. Nothing in this chapter shall be deemed to limit or preclude any other action or proceeding relating to the enforcement of the fire codes.