HomeMy WebLinkAbout032822ca01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Philip Hunsucker,
Chief Civil Deputy Prosecuting Attorney
DATE: March 28, 2022
SUBJECT: Adoption of Ordinance to Designate and Define Authority and Responsibilities for the
County Fire Marshal
STATEMENT OF ISSUE:
Staff would like to brief the Board of County Commissioners (BoCC) on a draft ordinance that would
amend Title 2 and Title 15 of the Jefferson County Code. This ordinance would designate the Director of
the Department of Community Development as the County Fire Marshal in the Jefferson County Code. In
a new chapter 2.40 of the code, JCC 2.40.020 sets out the general authority and responsibilities of the fire
marshal. Amendments to JCC 15.05.020 and a new JCC 15.05.045 outline the fire marshal's
responsibilities under the International Fire Code, as amended by Jefferson County. In addition, staff
recommends that the BoCC approve a hearing notice for the draft ordinance, which is attached.
BACKGROUND:
The BoCC has been discussing amendments to Chapter 8.75 JCC, Fireworks and Sky Lanterns over several
recent public sessions. During those discussions, questions arose regarding the designation of the county
fire marshal. On March 14, 2022, the BoCC appointed the director of the Department of Community
Development as the fire marshal for Jefferson County and directed staff to prepare an ordinance that
appoints and describes the duties of the fire marshal for Jefferson County. This ordinance responds to the
BoCC's direction.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
None anticipated at this time.
RECOMMENDATIONS:
Hear a staff briefing on a proposed ordinance to Designate and Define Authority and Responsibilities for
the County Fire Marshal. Approve a hearing notice, obtain written public comments and oral testimony
on the proposed ordinance.
REVIEWED BY:
/f a
Mark McCauley terim County Admini ato
Date
Please publish 2 times: March 30 and April 6, 2021
Bill to Jefferson County Commissioners
Non -departmental Fund
PO Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING BEFORE THE
JEFFERSON COUNTY BOARD OF COMMISSIONERS REGARDING THE ADOPTION OF
ORDINANCE RELATING TO THE DESIGNATION OF AND DEFINING AUTHORITY AND
DUTIES OF THE COUNTY FIRE MARSHAL; AMENDING TITLE 2 AND CHAPTER 15.05 OF THE
JEFFERSON COUNTY CODE
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners for MONDAY, April 11, 2022 at 10:30 a.m. in the Commissioners' Chambers, County
Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. Notice of said hearing is to be published in the
official newspaper of Jefferson County.
The public hearing is being held for the purpose of receiving public testimony and considering an ordinance that
will provide for the designation of the Director of the Department of Community Development as the County
Fire Marshal in the Code. The Board of County Commissioners designated the Director of Community
Development as the County Fire Marshal by motion on March 14, 2022. This ordinance memorializes that
motion by placing the designation in the code, and defines the authority and duties of the County Fire Marshal.
The ordinance adopts a new Chapter 2.40 of the Jefferson County Code to accomplish this purpose, amends
Chapter 15.05 of the Jefferson County Code to further define the responsibilities of the County Fire Marshal
pursuant to the International Fire Code, and makes clear that any reference to "Fire Code Official" in the
International Fire Code or elsewhere in the Code refers to the "County Fire Marshal."
On April 11, 2022, as part of their Regular Meeting, the Board of County Commissioners will take public
testimony and consider adoption of this ordinance relating to the designation of and defining the authority and
duties of the County Fire Marshal.
You are welcome to participate in this hearing. You will need to join the meeting by 10:30 a.m. using the
following methods: VIRTUALLY: Via the following Zoom, link: https://zoom.us/j/93777841705, PHONE:
Dial 1-253-215-8782 and enter access code: 937-7784-1705# and press *9 to "raise your hand" to be called
upon. Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-6384,
or IN -PERSON: This option may be limited as we are operating at 50% room capacity at this time. If you
experience difficulties joining the meeting or viewing documents please call 360-385-9100 to report any issues.
To watch this meeting live with no participation, go to www.co.jefferson.wa.us Follow the links under "Quick
Links: Videos of Meetings: Today. " The public may view the ordinances by visiting www.co.jefferson.wa.us;
click on Latest News and follow the posting regarding this Hearing. In addition, written testimony is also
invited beginning on March 30, 2022 and ending on April 11, 2022 at the end of the Public Hearing, unless
extended by the Board of County Commissioners. Written public testimony may be submitted by Email to:
jeffbocc o,co.jefferson.wa.us; or by Mail to: Jefferson County Commissioners' Office; PO Box 1220, Port
Townsend, WA 98368. Testimony must be received by the Board of County Commissioners by the end of the
hearing public testimony period.
Approved and signed this 28th day of March, 2022.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Heidi Eisenhour, Chair
STATE OF WASHINGTON
County of Jefferson
An Ordinance Relating to Fire Prevention
and Safety; Designating County Fire
Marshal and Defining Authority and Duties; ORDINANCE NO.
Amending Title 2 JCC and Title 15 JCC
WHEREAS, RCW 19.27.031(3) requires Jefferson County to t the International Fire
Code ("IFC"), including those standards of the National Fire Prot on �1$ssociation ("NFPA")
specifically referenced in the IFC; and, j
WHEREAS RCW
19.27.050 requires Jefferson Cty to a aster and enforce the
State Building Code adopted under chapter 19.27 RCW ,h�Pr�cludes t I ; and,
WHEREAS, the Jefferson County Depart of Community Develop `mmunity
Development") administers and enforces the St ing C under chapteMY//f
RCW to
provide for statewide consistency for the constructi d °aid the citizJefferson
County; and,��
WHEREAS, the IFC as adopted' State of Was n regulates and governs the
safeguarding of life and property from losion ansing from the storage,
handling and use of hazardous substances, rteria� vices from conditions hazardous
to life or property in the occupancy of build* re ,
WHEREAS, 19. 0 allows Je rson County to amend the state building code,
as long as the mini rform standards of e codes and objectives of chapter 19.27 RCW
are not diminished v th end : and
the Jefferson County Board of County
in implementing and supporting fire protection
AS, the inf of tl s ordinance is to designate under code a county official
responsible �� ire protect ,investigation, and enforcement issues, in cooperation and
coordination w1.1oca1 f1 , rotection districts and law enforcement agencies; and,
WHEREAS,` shington State, most counties designate a county fire marshal or other
fire protection offici responsible for fire safety and prevention activities, fire and arson
investigation, and fireworks regulation, and enforcement of the IFC, which regulates fire safety
matters related to new and existing facilities; and,
WHEREAS, on March 14, 2022, the BoCC appointed the director of the Department of
Community Development as the fire marshal for Jefferson County and directed staff to prepare an
ordinance that appoints and describes the duties of the fire marshal for Jefferson County; and,
1
WHEREAS, the BoCC finds that designating a county fire marshal in the Jefferson County
Code is in the public interest and necessary to promote fire protection and fire safety in Jefferson
County; and,
WHEREAS, on March 28, 2022, the BoCC held a public hearing soliciting input and
feedback on the proposed ordinance designating a county fire marshal.
NOW THEREFORE, be it hereby ordained by the BoCC:
Section 1. Findings. The BoCC hereby adopts the recitals (the 7RI'l
S statements) as its
findings of fact supporting this Ordinance.
Section 2. Adopting a New Chapter 2.40 to the Jefferson co cod' new chapter 2.40 of the
111
Jefferson county code is enacted to read: is. / _
Chapter
FIRE MAI
2.40.010 Fire marshal for Jefferson County
2.40.020 Duties and authority of the
2.40.010 Fire Marshal for Jeffersc
The Jefferson county director of the departure of elopment is designated the fire
marshal for Jefferson Co ���i
2.40.20 Duties and it oft i re marshal.���'���
(1) The fire marshal shall be responsible for fire and life safety inspections, fire and arson
investigation, plan review for compliance with fire and life safety regulations, and other
associated duties, as further described in JCC 15.05.020;
(2) The fire marshal shall be responsible for administration and enforcement of fire safety -related
matters and duties assigned under Chapter 8.75 JCC or other county code.
(3) The fire marshal shall enforce regulations and conduct activities related to fire prevention and
fire safety, in coordination and cooperation with law enforcement agencies, fire districts, and
other agencies in unincorporated Jefferson County.
(4) The fire marshal may issue a declaration of high fire hazard as defined in JCC 8.75.020(3), if
in their considered judgment, circumstances so warrant.
(5) The fire marshal shall be responsible for any duties assigned under Jefferson County code to
the "fire code official" or to the "fire marshal."
(6) The fire marshal may delegate their authority, or any portion of authority, as is necessary to
perform the fire marshal's responsibilities and duties.
2
Draft of. 3/18/2022
(7) The fire marshal is authorized to negotiate and present to the board of county commissioners
any interlocal agreement necessary to perform the fire marshal's responsibilities and duties.
(8) The fire marshal is authorized to promulgate such rules, policies or procedures as may be
deemed necessary to administer and enforce this chapter.
(9) The fire marshal may be delegated additional authority to conduct activities as necessary to
protect health and safety and promote fire prevention by motion of the board of county
commissioners.
Section 3. Amendment of JCC 15.05.020. The Jefferson County Code at section 15.05.020, last
amended by Ordinance 03-0713-98 on July 13, 1998, is amended to read:
15.05.20 Administration and enforcement of code.
The Jefferson County building official is charged with the administration and enforcement of
the Jefferson County building code ordinance. The building official may retain necessary
personnel, conduct inspections and investigations, issue permits, maintain necessary records
and files, and do or cause to be done all things necessary and proper for the administration and
enforcement of the Jefferson County building code ordinance.
Administration of the International Fire Code adopted in this chapter. The fire marshal is
charged with the administration and enforcement of the International Fire Code and any
amendments thereof adopted in Chapter 15.05 JCC, and other duties as required by chapter
2.40 JCC. The fire marshal's duties and authority shall include:
(a) The fire marshal shall conduct fire plan review, fire inspections, and fire and arson
investigation;
(b) The fire marshal shall investigate the cause, origin, and circumstances of fires and
unauthorized releases of hazardous substances;
(c) The fire marshal shall assist and cooperate with the state fire marshal, private insurance
companies, fire protection districts, and law enforcement agencies in the investigation of
any fire;
The fire marshal may issue any approvals of permits necessary for fire safety;
(e,) The fire marshal shall enforce regulations and conduct activities related to fire prevention
and fire safety, in coordination and cooperation with law enforcement agencies, fire
districts, and other agencies within unincorporated Jefferson County;
ff' The fire marshal shall conduct all necessary enforcement action and proceedings under
Title 19 of the Jefferson county code to enforce the International Fire Code as adopted by
Chapter 15.05 JCC. In such actions and proceedings, reference in Title 19 JCC to "director"
shall be a reference to the fire marshal or their designee, and reference to "department"
shall be a reference to the department of community development; and,
Draft of. 3/18/2022
W The fire marshal may make an administrative determination regarding any matter essential
for public safety of an existing or proposed activity, building or structure, or for the safety
of occupants thereof, which is not specifically_ provided for by the International Fire Code.
Section 4. New Section for Chapter 15.05 JCC. A new section is added to chapter 15.05 JCC, to
read:
15.05.045 International Fire Code amendments and clarifications.
Chapter 1, Part 2, Section 103.2, is amended to read:
"Section 103.2 Fire Marshal. "The position of fire marshal e ' thin Jefferson County and
every reference within this code to fire code official shall be fer o the fire marshal. The
fire marshal may delegate their duties as necessary to nice heG*quireN of this code."
�ff
Section 5. Severability. If any section, subsection, ntence, clause, phrar+A section of this
Ordinance or its application to any person or cir cc is bpld invalid, the er of this
Ordinance or its application to other persons or c rc ces s f be fully valid shall not be
affected.
Section 6. Effective Date. The Ordinance Pines effective adoption by the BoCC.
Section 7. SEPA Categorical Exemption. 'is� cc is categ ly exempt from the State
Environmental Policy Act under WAC 197- -800
(SIGP~S FOLL N THEXT PAGE)
4
Draft of: 3/18/2022
APPROVED and ADOPTED this day of , 2022.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Heidi Eisenhour, Chair
Kate Dean,
Greg
SEAL:
Draft of. 3/18/2022