ORDINANCE _________________

AN ORDINANCE revising the designated member representation of the Seattle Fire Code Advisory Board to include a representative of the fire protection industry by amending Ordinance 117717;

WHEREAS, individuals from the fire protection industry have requested that the Mayor include a representative of their industry on the Fire Code Advisory Board to provide technical expertise and a voice in fire code development issues; and

WHEREAS, the Seattle Fire Code Advisory Board has recommended that one voting member position which is currently designated to represent the public be re-designated to represent the fire protection industry;

NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS

Section 1. Ordinance 117717 is hereby amended to read as follows:

Section 2. There hereby is established a Fire Code Advisory Board (the "Board") which will consist of fifteen (15) voting members, as follows:

One architect

One chemical engineer

One mechanical engineer

One Building Owners and Managers Association representative

One King County Labor Council representative

One fire insurance industry representative

One petroleum industry representative

One marine industry representative

One Port of Seattle representative

One manufacturing / warehouse representative

One retail industry representative

One research / labs representative

One fire protection industry representative

Three Two members of the public

The Board members will be appointed by the Mayor, who will select fifteen (15) individuals collectively possessing the characteristics listed above. The Mayor's appointments will be subject to confirmation by the City Council. In addition, one representative each from the Department of Design, Construction and Land Use, Seattle City Light, the Seattle Water Department Seattle Public Utilities, and City Council staff shall be chosen by their respective Department Heads and shall serve on the Board in a nonvoting ex-officio capacity. No City employees will serve on the Board in a voting capacity.

Section 3. The first board shall have five (5) members whose term of service is two (2) years, five (5) members whose term of service is three (3) years, and five (5) members whose term of service is four (4) years. Within these parameters, the Mayor shall have the discretion to designate the term of each member of the first Board. Thereafter, terms of service for voting members on the Board shall be for three (3) years dating from the day of expiration of the term of the member whose vacancy is being filled,. provided that a A voting member whose term of service has expired shall continue to serve until a successor is appointed and qualified. A successor to one of the fifteen (15) voting positions is "qualified" after being appointed by the Mayor and confirmed by the City Council. The four non-voting ex-officio members representing the Department of Design, Construction and Land Use, Seattle City Light, Seattle Public Utilities and City Council staff shall serve at the direction of his or her Department Head and for such time until a replacement is qualified by his or her respective Department Head. A successor to one of the four (4) non-voting ex-officio positions is "qualified" after being chosen by his or her respective Department Head. Vacancies that occur before the end of a member's term of service shall be filled by a qualified successor who shall serve Vacancies shall be filled for any the unexpired term. in the same manner as original appointments. A member may be removed by the Mayor, subject to a confirming affirmative vote of a majority of the total membership of the City Council. No member shall receive any compensation for service on the Board.

Section 4. The new fire protection industry member position that is being created by this ordinance shall have the same term of service as the public voting member position that it is replacing.

Section 4.5. The Board shall act in an advisory capacity. The Board shall have the power to: (1) examine proposed amendments relating to the Fire Code and to make recommendations to the Fire Marshal, the Fire Chief, and the City Council for changes in the Fire Code; and (2) hear appeals relating to the interpretation and application of the Fire Code, and to make recommendations to the Fire Chief relating to such appeals.

Section 5.6. The Board shall elect a cChair and shall adopt reasonable rules and regulations for conducting its appeals and developing its recommendations. The Board shall receive staff support from the Fire Marshal's Office.

Section 6.7. The Board shall meet at least once each month in a regular meeting and at a time and place to be established by its rules. The cChair may call special meetings when she or he deems it necessary. The cChair may cancel a meeting by providing written notice to the members, and publicizing notice in whatever manner is established in the rules.

Section 7.8. The Board's appellate powers shall be exercised by and through a subcommittee referred to herein as the Appeals Board. The appeals process will include the following:

a. The Appeal's Board recommendations to the Fire Chief shall be in writing.

b. The cChair shall select five Board members to serve on the Appeals Board, three (3) of which shall be chosen from the following categories: one (1) business representative (the Building Owners and Managers Association representative, the fire insurance industry representative, the petroleum industry representative, the marine industry representative, the Port of Seattle representative, the manufacturing / warehouse representative, the retail industry representative, or the research / labs representative, or the fire protection industry representative, one (1) professional / technical representative (the architect, the chemical engineer, or the mechanical engineer), and one (1) public citizen. At his or her discretion, for particular appeals, the cChair may appoint or substitute additional Board members to hear a given appeal if she or he believes particular expertise is needed to hear the appeal.

c. The Board's rules relating to the conduct of appeals will be made available to the public.

d. Information on appeals and the Appeals Board's recommendations shall be maintained and made available to the public.

e. If the Fire Chief declines the Appeals Board's recommendation, then she or he must state in writing his or her reasons for doing so. This statement shall be copied to the Mayor's Office and to the City Council member who chairs the Public Safety Committee.

f. The Fire Chief and the Fire Marshal shall make themselves available to meet with the appellant, after the conclusion of the appeals process, in every case.

Section 8.9. The Board shall develop a process for obtaining citizen input relating to the Fire Code and for providing that input to the Fire Marshal's office.

Section 910. The Board shall make a report to the City Council's Public Safety Committee two years after its first meeting, or sooner if the chair of the Board deems necessary.

The report should include data on the activities of the Board and the Appeals Board, an assessment of the adequacy of the structure of the Board, the content and function of any rules the Board has established, and any changes the Board wishes to recommend at that time.

Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ______ day of ______________, 1999, and signed by me in open session in authentication of its passage this _______ day of _______________, 1999.

President of the City Council

Approved by me this _____ day of ________________, 1999.

Paul Schell, Mayor

Filed by me this _____ day of ________________, 1999.

City Clerk

(Seal)

Diane Hansen/dh

Fire Code Board.

11/18/99

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