HomeMy WebLinkAbout4992-6 /23/2010ORDINANCE NO. 4992
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING CHAPTER 2, FIRE PREVENTION AND
PROTECTION OF TITLE 9, BUILDING REGULATIONS,
IN THEIR ENTIRETY; AND ENACTING IN LIEU
THEREOF NEW CHAPTER 2, FIRE PREVENTION AND
PROTECTION OF TITLE 9, BUILDING REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Chapter 2, Fire
Building Regulations,
of Waterloo, Iowa, are
new Chapter 2, Fire
Building Regulations,
of Waterloo, Iowa,
follows:
Protection and Prevention of Title 9,
of the 2007 Code of Ordinances of the City
hereby repealed in their entirety; that a
Prevention and Protection of Title 9,
of the 2007 Code of Ordinances of the City
are hereby enacted in lieu thereof as
9-2-1: PURPOSE: This chapter shall provide the city with rules
and regulations to improve public safety by promoting the
control of fire hazards; regulating the installation, use and
maintenance of equipment; regulating the use of structures,
premises and open areas; providing for the abatement of fire
hazards; establishing the responsibilities and procedures for
code enforcement; and setting forth standards for compliance and
achievement of these objectives. This chapter shall be known as
CITY OF WATERLOO FIRE PREVENTION CODE.
9-2-2: CODES ADOPTED: The following codes are hereby adopted
and incorporated as if fully set out at length herein. At least
one copy of such codes is on file and available for inspection
in the city clerk's office and fire headquarters, and the
provisions thereof shall be controlling within the limits of the
city.
International Fire Code: That certain document marked and
designated as the International Fire Code, 2009 edition,
including Appendix Chapters B, C, D and J, as published by the
International Code Council, Inc., be and the same is hereby
adopted as the fire code of the city, to prescribe regulations
consistent with nationally recognized good practice for the
safeguarding to a reasonable degree of life and property from
the hazards of fire and explosion arising from the storage,
handling and use of hazardous substances, materials and devices,
and from conditions hazardous to life or property in the use or
occupancy of buildings or premises.
9-2-3: ENFORCEMENT:
A. Fire Chief Responsible; Inspectors: The fire chief shall be
responsible for the enforcement of the codes adopted in
section 9-2-2 of this chapter. The fire chief may detail
qualified members of the fire department as inspectors as
shall from time to time be necessary.
Ordinance No. 4992
Page 2
B. Fire Chief To Prepare Instructions: The fire chief shall
prepare instructions for the fire marshal and the fire
marshal's assistants, and forms for their use in the
reports required by this chapter.
9-2-4: INVESTIGATIONS, REPORTS AND RECOMMENDATIONS:
A. Investigate Fires: The bureau of fire prevention and/or
incident commander shall investigate the cause, origin and
circumstances of every fire occurring in the city by which
property has been destroyed or damaged and, so far as
possible, shall determine whether the fire is the result of
carelessness or design. Such investigations shall begin
immediately upon the occurrence of such a fire. The fire
marshal shall take immediate charge of the physical
evidence, shall notify the proper authorities designated by
law to pursue the investigation of such matters, and shall
further cooperate with the authorities in the collection of
evidence and in the prosecution of the case. Every fire
shall be reported in writing to the bureau of fire
prevention within one day after the occurrence of the same
by the fire department officer in whose jurisdiction such a
fire has occurred. Such report shall be in such form as
shall be prescribed by the fire marshal, and shall contain
a statement of all facts relating to the cause, origin and
circumstances of such fire, the extent of the damage
thereof and the insurance upon such property, and such
other information as may be required, including the injury,
death or rescue of persons.
B. Daily Records: The fire department shall compile and keep a
record of all fires and of all facts concerning the same,
including injuries, deaths, rescue of persons, statistics
as to the extent of such fires and the damage caused
thereby, and whether such losses were covered by insurance
and, if so, in what amount. Such record shall be made daily
from the reports made by the technical inspectors under the
provisions of this chapter. All such records shall be
public.
C. Annual Report To Mayor And City Council: The fire marshal
shall make an annual report of the activities of the bureau
of fire prevention and shall transmit this report to the
mayor and city council through the fire chief. The report
shall contain all proceedings under the fire prevention
code with such statistics as the fire chief may wish to
include therein.
D. Recommend Amendments To Code: The fire chief or the fire
marshal shall also recommend any amendments to the fire
prevention code or ordinance that shall be desirable.
9-2-5: FEES FOR CALLS FOR SERVICE:
A. When the fire department is called to respond to an
emergency call to a building or complex consisting of four
(4) or more units; businesses, commercial, retail, and
Ordinance No. 4992
Page 3
industrial properties, not for profit or otherwise, located
within the city limits, the following charges will apply:
1. The minimum fee for response is five hundred dollars
($500.00), or based upon length of service.
2. A maximum fee for response will be as provided for in
the Waterloo fire department's guidelines for billing
commercial, industrial, business retail and commercial
rental property, as modified from time to time, upon
proper verification of services provided by the
Waterloo fire department.
B. The fire department will invoice the property owner.
C. The fire chief has the authority to waive or negotiate a
more appropriate service fee based on hardship, established
self-insurance plans and larger deductibles.
D. When a final fee is six (6) months delinquent, the unpaid
fee for calls for service shall be assessed against the
property benefited. Amounts collected for calls for service
shall be deposited with the city.
9-2-6: FALSE FIRE ALARMS; TAMPERING WITH DEVICES: Any person
who shall, without reasonable cause therefor, or who shall for
the purpose of either misleading or deceiving, give an alarm of
fire, or permit any false alarm of fire through an alarm
telegraph to be given, or who shall, in any way, tamper with the
fire alarm boxes or keyholes thereto, shall be deemed guilty of
an offense.
9-2-7: VIOLATION; PENALTY:
A. Compliance Required: It shall be unlawful for any person to
violate this chapter, to permit or maintain such a
violation, to refuse to obey any provision thereof, or to
fail or refuse to comply with any such provision or
regulation except as variation may be allowed by the action
of fire chief in writing. Proof of such unlawful act or
failure shall be deemed prima facie evidence that such act
is that of the owner or other person in control of the
premises. Prosecution or lack thereof of either the owner,
occupant or the person in charge shall not be deemed to
relieve any of the others.
B. Violations; Penalty: Any person who shall violate any of
the provisions of the codes hereby adopted; or shall fail
to comply therewith; or shall violate or fail to comply
with any order made thereunder; or shall build in violation
of any details, statements, specifications or plans
submitted or approved thereunder; or who shall operate not
in accordance with the provisions of any certificate,
permit or approval issued thereunder, and from which no
appeal has been taken; or who shall fail to comply with
such an order as affirmed or modified by the fire marshal
or by a court of competent jurisdiction within the time
fixed herein, shall severally for each and every violation
Ordinance No. 4992
Page 4
and noncompliance, respectively, be guilty of a municipal
infraction and be fined as provided in subsection 1-3-2C of
this code. The imposition of a penalty for any violation
shall not excuse the violation nor shall the violation be
permitted to continue. All such persons shall be required
to correct or remedy such violations or defects within a
reasonable time, and when not otherwise specified, the
application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions.
9-2-8: AMENDMENTS:
The following sections of the 2009 International Fire Code are
hereby revised.
Section 101.1. Insert City of Waterloo
Section 109.3. Deleted in its entirety.
Section 111.4. Deleted in its entirety.
INTRODUCED: June 7, 2010
PASSED 1St CONSIDERATION: June 7, 2010
PASSED 2nd CONSIDERATION: June 14, 2010
PASSED 3rd CONSIDERATION: June 21, 2010
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 21St day of June, 2010, and approved by
the Mayor on the 23rd day of June, 2010.
ATTEST:
Suzy S h res, CMC
City Clerk
fi-rh7'est G. Clark, Mayor
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4992 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 21St day of June, 2010.
Witness my hand and seal of office this 23rd day of June,
2010.
SEAL Suz S hares, CMC
City Clerk