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Home My WebLink About041122ra01 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Brent Butler, Director, Department of Community Development Barbara Ehrlichman, Civil Deputy Prosecuting Attorney III DATE: April 11, 2022 SUBJECT: Public Hearing to Consider Adoption of Ordinance to Designate and Define Authority and Responsibilities for the County Fire Marshal STATEMENT OF ISSUE: This public hearing is scheduled to allow the Board of County Commissioners (BoCC) to consider an ordinance which 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 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. 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. RECOMMENDATION: After accepting public testimony, adopt the new ordinance to Designate and Define Authority and Responsibilities for the County Fire Marshal. REVIE ED BY: TVZI 0-77- 2— Mark McCaul y County Administrator Date 1 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