A. Fire Code Adopted:
1. The current International Fire Code, which has been adopted by the State of Utah, is hereby adopted by the City to encompass the Washington City Fire Code including, appendices B: Fire Flow Requirements for Buildings, C: Fire Hydrant Locations and Distribution, D: Fire Apparatus Access Roads.
2. A copy of the current code shall be maintained for use and examination by the public in the Office of the City Recorder.
B. Appeals:
1. Board Of Appeals Created; Jurisdiction; Composition: There is hereby created a Board of Appeals to be known as the Washington City Council, to hear and decide appeals of orders, decisions and determinations made by City officials and Enforcement Officers relative to the application and interpretation of the International Fire Code.
2. Filing Of Appeal: Any individual or entity desiring to appeal a decision of a City official or Enforcement Officer, as provided for herein, shall file a notice of appeal, in writing, with the City Recorder within twenty (20) days after being provided notice of the decision or determination from which an appeal is sought. Upon the filing of a notice of appeal, the Secretary shall refer the matter to the Board for a hearing.
3. Hearing: The hearing shall be scheduled within a reasonable time after the filing of the notice of appeal and shall be a public hearing. The appellant may present such evidence and argument as is pertinent to the question of whether or not the decision of the City official or Enforcement Officer was correct. The Board shall also permit the presentation of evidence and argument by the City official or Enforcement Officer and other interested parties.
4. Standard Of Review And Burden Of Proof: The Board shall presume the action of the City official or Enforcement Officer which is the subject of the appeal is valid and uphold such action unless it is shown that such action was an abuse of discretion or was otherwise contrary to law. The burden of proof shall at all times remain with the appellant. It shall take an affirmative vote of three (3) members to reverse or modify the action which is the subject of the appeal.
5. Time Frame For Decision: Within ten (10) days of the hearing, the Board shall, over the signature of its Chairperson (Mayor) or such other member of the Board as it may designate, render its written decision, a copy of which shall be mailed to or served upon the appellant by the City Recorder.
6. Decision; Limits On Authority: In rendering its decision, the Board may uphold, reverse or modify the decision of the City official or Enforcement Officer which is the subject of the appeal. Appeals shall be based on a claim that the intent of the applicable Fire Code provision or rules adopted thereunder have been incorrectly interpreted, do not apply, or an equivalent method of protection or safety is proposed. The Board shall have no authority to waive the requirements of the Fire Code.
a. Determination Upheld: In the event the Board upholds the determination of the City official or Enforcement Officer, the notice originally given by the City official or Enforcement Officer which is the subject of the appeal shall be deemed to be sufficient to require the appellant to comply therewith and the appellant shall have up to ten (10) days from the date of notice of the Board's decision within which to conform thereto.
b. Determination Overruled Or Modified: In the event the Board either overrules or modifies the determination of the City official or Enforcement Officer, the written decision of the Board shall apprise the appellant of that fact and set forth the details and the action that appellant may be required to take, if any, to conform to the decision of the Board. Unless a longer time frame is provided in the Board's decision, the appellant shall be required to conform to the decision of the Board within ten (10) days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision of the City official or Enforcement Officer.
7. Miscellaneous Administrative Provisions:
a. Rules And Procedures: The Board is authorized to establish policies and procedures necessary to carry out its duties and any hearing.
b. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional or financial interest.
c. Postponed Hearing: When five (5) members are not present to hear an appeal, either the appellant or the appellant's representatives shall have the right to request a postponement of the hearing. Failure to request a postponement at the beginning of any hearing shall be deemed a waiver of the right to have any appeal heard by a full five (5) member Board.
d. Stay Of Decision: Except in those circumstances where the City official or Enforcement Officer deems, in his or her sole discretion, that there is an immediate threat to the public health or safety, the filing of an appeal as provided for in this subsection shall operate as an automatic stay of the decision being appealed from.
e. Time Computed: In computing any period of time prescribed or allowed by this subsection, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday.
C. Penalty:
1. Any person who shall violate any of the provisions of the Washington City Fire Code or fail to comply therewith, or who shall build 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 shall fail to comply with such an order as affirmed or modified by the Governing Body or by a court of competent jurisdiction within the time fixed herein, shall, severally for each and every such violation and noncompliance respectively, be guilty of a Class B misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. Imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. All persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
2. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited condition. (Ord. 2018-16, 6-13-2018)