HomeMy WebLinkAboutORD2023-010 Title 9 Health and Safety - Recodification Sponsored by: City Clerk
111 Introduction: April 24, 2023
Public Hearing: May 8, 2023
Enactment: May 8, 2023
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE TITLE 9—HEALTH AND
SAFETY FOR THE CITY OF SEWARD RECODIFICATION PROJECT
WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to
review,update, and recodify Seward City Code; and
WHEREAS, there are 16 Titles contained in Seward City Code; and
WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and
reasonable to provide the changes in smaller,more manageable portions for consideration; and
WHEREAS,this ordinance is focused on updating Title 9—Health and Safety and reflects
input from the city manager (including department heads), city attorney, and city clerk and will
complete the recodification for Title 9.
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 9—Health and Safety is hereby amended as follows:
(Deletions=Bold Strilcflre s; Additions=Bold Italics Underlined.)
TITLE 9- HEALTH AND SAFETY
Chapter 9.05-Animals and Fowl *
*Footnote: See AS 11.61.140 and AS 11.61.145 for state provisions as to cruelty to animals and
exhibiting fighting animals; see § 11.01.015 and § 11.01.075 for additional provisions as to riding
animals and carrying animals on outside of vehicles.
Article 1.—General Provisions
9.05.110 - Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
111 respectively ascribed to them by this section:
Chief of police. The chief of police and all police officers, animal control officers, and other
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ORDINANCE 2023-010
persons employed to perform any such duties.
Cat. The smallest domesticated member of the family Felidae and the order of Carnivora; Felis
catus.
Dog. Any dog, whcth r al unspaye o e female dog. A domestic mammal of the
family Canidae and the order Carnicora; Canis lupus familiaris.
"Firearm"means a weapon including a pistol, revolver, rifle or shotgun that can discharge a
bullet or pellets.
License collector. The license collector shall be the chief of police, and shall include the person
designated by him to act in his behalf.
License year. A license year shall commence on January 1 and end on December 31 of each year.
Quarantine. The isolation of a dog or any other domestic animal in a substantial enclosure so that
the dog or domestic animal cannot be subject to contact with other animals or unauthorized
persons.
Trap shall be defined as the use of any mechanical device such as a snare, steel jaw trap, steel leg
hold trap, Conibear or spring trap, that is designed to shut suddenly upon contact to kill or capture
an animal.
Vicious dog. Any dog which has bitten a person, or which has bitten an animal without
provocation. ,
9.05.115 - Interference with enforcement of this chapter prohibited.
No person shall interfere with, oppose or resist the chief of police in the performance of his duties
as herein provided.
9.05.120 - Impoundment of animals—Authorized.
The chief of police, and all police officers, animal control officers, and other persons employed
to perform any of such duties, are hereby authorized and empowered to take up and impound any
animals running at large in violation of the provisions of this chapter, and to keep such animals
confined in the city pound animal control shelter, or at such other place as the chief of police
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ORDINANCE 2023-010
may provide, for not less than five days,unless such animals be redeemed by payment of the cost
incurred. At the expiration of the five days, if the animal is not redeemed,the chief of police shall
be deemed to have acquired jurisdiction over the animal and is hereby authorized to destroy or sell
or to otherwise dispose of same.
9.05.125-Impoundment of animals—Removal from pound without permission.
No person shall remove or attempt to remove any dog or other animal which is impounded in the
city pound animal control shelter without first receiving permission from the chief of police to
do so.
9.05.130-Destruction of biting animals.
A. f Nothing in this chapter shall be construed to prohibit the killing of a dog or other domestic
animal where such destruction is necessary for the protection of life and limb, or for the purpose
of preventing a further attack.
(e) One of the p s f r the a ctn ent of this section .s toe able the chief of pol ee to
9.05.135- Quarantine of rabid animals, etc. -Authorized. *
* Footnote: See AS 03.05.070 for state provisions as to rabies control.
A. The chief of police is authorized to immediately quarantine for
observation any dog or other animal infected with rabies or believed to be infected with rabies.
B_ If, upon examination, the chief of police or eiay-kealth animal control officer shall
determine that any dog or any animal is afflicted with rabies, he may cause such dog or other
animal to be immediately destroyed; provided, that when any dog or animal shall be known to
have bitten,scratched or otherwise exposed any person,it shall be kept under observation until the
death of such dog or animal, or for fourteen days.
C. The chief of police to shall promptly notify the state health
officer of the location and description if the dog or other animal having rabies or suspected of
111 having rabies;and shall also to supply the state health officer with the names and addresses of the
persons who have been bitten, scratched or had any contact with the suspected animal.
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D. (d)-No dog or other animal which has had an illness which was suspected of being rabid shall
be released from quarantine except upon the written authorization of the chief of police or City
health animal control officer.
E. (e)-Any dog or other animal having been bitten or presumed to have been bitten by a rabid
animal,or any animal bitten by an animal which presumptively was rabid, shall be quarantined by
the chief of police for three months; provided, that any animal the owner of which is not known,
when such animal has been bitten or presumed to have been bitten, by a rabid animal, or when
such animal was bitten or presumed to have been bitten by an animal which presumptively was
rabid,sueh-animal shall be destroyed after a 14 day quarantine period has been observed.
F. (9-All quarantines shall be effective either on the premises of the owner or-harborer or person
having custody, control or possession of such animal, if practicable, or at the city pound animal
control shelter. If the chief of police determines that such animal can be best observed in
quarantine by being placed in the city pound animal control shelter, he may transfer and keep
such animal in the city pound animal control shelter. The ownerer- or person having
control or custody or possession of any animal thus placed in the city pound animal control shelter
shall be liable for all costs incurred in the keeping of such animal.
G.(g)-The chief of police or his deputies are hereby empowered to enter upon any private property
where any dog or other animal is kept, which dog or animal is alleged to have bitten any person,
to inspect and seize and impound any such dog or other animal for a period of fifteen fourteen
f�days, and may in lieu of impounding the same,require the owner of such dog or other animal,
by a notice in writing personally served upon such owner,to quarantine the dog or animal for such
period.
9.05.140 - Quarantine of rabid animals, etc.—Removal from place of confinement.
No person, either by himself or agent, shall remove from the city pound animal control shelter
or any veterinary hospital,or from any other place,any animal which has been quarantined without
consent of the chief of police.
9.05.145-Noisy animals.
It is hereby declared to be a nuisance, and it shall be unlawful to keep,maintain or permit on any
lot or parcel of land, any animals or household pets which by any sound or cry shall disturb the
peace and comfort of any neighborhood or interfere with any person in reasonable and comfortable
enjoyment of life or property.
9.05.150- Cruelty to animals.
AS 11.61.140 is hereby adopted by reference. 111
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
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CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
ascertainable; Of
9.05.155 - Removal and disposal of fecal matter.
($-Any person in possession of any household or
livestock animal shall immediately remove and dispose of all fecal matter left by the animal on
public parks, streets, sidewalks or bike paths.
111
Article 2. -Dogs Licensing and control*
* Footnote: See AS 03.55.010, et seq., for state provisions as to vicious dogs; see § 7.10.248 as to
regulating dogs in the small boat harbor.
9.05.210 - Licenses required.
No person in possession of any dog over four months of age shall fail or
neglect or refuse to obtain a license for such dog.
9.05.212 - License fee—Dogs.
A. (a-There is hereby levied an annual license fee of$5.00 per year for each neutered male or
spayed female dog and $10.00 per year for each unneutered male or unspayed female dog. The
license fee shall be due and payable on the first day of January July of eaeh the initial license
year.
B. (13}Any person who fails or neglects to pay the license fee on or before the first day of February
August of each year;as the license fee becomes due, shall be deemed delinquent under the
foregoing provision and shall pay an additional $5.00 penalty in addition to the prescribed fee for
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
the license.
C. 4e-}Any person who comes into ownership or commences to harbor a dog within the city after
the first day of January July of each year shall, within 30 days after such time, obtain a license as
provided in this section at the full year yearly rate stated above.
D. Licenses shall be issued for a three year period and renewed on or before the first day of
August following expiration.
E. Dogs that are spayed, neutered and micro-chipped and have a current rabies certificate are
eligible for a lifetime license for a fee of$30.
9.05.214 License fcc Kennels.
This sectio„ aled F„bruary 4 999
rz , 1
9.05.216- License fees—Collection; issuance and form of license tag.
A. (a)-The license collector shall, and it is hereby made his duty to, see that the licenses from every
owner or-harborer of dogs required to be licensed are paid. The license fee shall be paid to the
license collector, and the license collector shall issue a tag for each dog licensed. Upon the tag
shall be the stamped words and numerals showing the license year for which the same is issued.
The tags shall also be serially numbered. Replacements for lost license tags may be procured from
the license collector upon proof of loss and payment of$0.25 $1.00.
B. (*The license collector shall keep a register in which he shall enter the name of the owner or
harborer of each dog for which a license is paid, together with the date and number of the tag
issued.
9.05.218 i ieense-fees—Exam tion-for-newly-annexed-territor-icr.
9.05.220 -Wearing of license tag required.
No person owningTharbering or having charge or control of any dog shall keep,maintain or allow
such dog to be within the city unless there be attached to such dog a collar, lead or harness to
which the license tag for the then current year shall be affixed. The collar, lead or harness and
license tag shall be worn by the dog on a constant basis when the dog is on other than the owner's
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
private property.
9.05.222 -Tag to be worn by dog for which issued.
No person shall attach any current license tag to any dog other than the dog for which the tag was
originally issued.
9.05.224-Removal of license tag prohibited; counterfeiting of tag prohibited.
A.(a}No person,other than the owner, shall remove from any dog any license tag attached to such
dog under the provisions of this chapter.
B. (b)-No person shall counterfeit or attempt to counterfeit a dog license tag; receipt for payment
for license or certificate of vaccination,or place a dog tag upon a dog unless the tag was specifically
issued for that particular dog.
9.05.226-Impoundment of untagged dogs.
The chief of police is authorized to take-up-and impound all
dog found in the streets or public places within the city without a tag as provided in this chapter,
and to keep each dog so taken up and impounded for not less than 72 hours in the city pound
animal control shelter, unless such dog be sooner redeemed by the payment of all pound fees
incurred, together with the production of the required tag.
9.05.228- Disposition of unredeemed animals.
At the expiration of five L5A days from the time the animal is impounded, unless it has been
redeemed as herein provided, it shall be humanely destroyed by the chief of police or person
designated by him; provided, that the chief of police is hereby authorized to sell any unredeemed
animal upon the purchaser paying all adoption fees and deposits as set by resolution of the city
council from time to time. A license shall not be required if the animal is immediately removed
from the city.
9.05.230-Liability for injury or disease during impoundment.
Neither the city,nor any of its officers,employees or agents shall be liable for any injuries suffered,
or disease incurred,by any dog while taken-up-and impounded.
9.05.232 -Vicious dogs—Reports; control.
A. (0-Whenever a dog suspected of being vicious is reported,the chief of police shall investigate
the conditions of the dog's behavior,and if he finds that such dog has done any of the acts or shown
CITY OF SEWARD,ALASKA
111 ORDINANCE 2023-010
a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious dog,
he shall deliver in writing to the person in possession of such dog a statement
of the facts and circumstances concerning the dog's behavior. He shall also order the owner-er
harborer person in possession of such dog to keep such dog in a substantial enclosure or securely
held upon a chain or other adequate control, or if this restraint is impossible or impractical, such
dog shall be impounded in the city pound animal control shelter until such time as the owner
harborer of such dog shall make provisions satisfactory to the chief of police for the restraint of
such dog either in a substantial enclosure or upon a chain or other adequate control.
B. If the owner or-harborer shall fail to make provisions for adequate
restraint or control of the dog within a reasonable time, such dog may be destroyed or otherwise
disposed of in a manner so that he will not be a menace within the city.
9.05.234 - Same—Running at large.
No person in possession of any vicious dog shall permit such dog to be at
large after he has been notified by the chief of police that the dog is vicious,or when he knows,or
by the exercise of reasonable care should know, that such dog is a vicious dog.
9.05.236- Same—Posting of premises.
Whenever any dog has a disposition or propensity to attack or bite any person or animal without
provocation, the chief of police shall order the owner to post and keep posted upon the premises
where such dog is kept under restraint as herein provided, in plain and conspicuous view, a notice
in letters not less than two inches in height, which shall contain the words: "Beware of Vicious
Dog." Failure to obey such order in any respect as herein provided shall render owner liable to
prosecution for violation of this chapter and shall render such vicious dog subject to summary
destruction if found at large.
9.05.238- Same—Menacing utility service employees.
In the event that any person owns or harbors any dog which bites or attacks, or threatens to bite or
attack, any meter reader, inspector, officer or employee of the city while in the performance of his
duties as such, the city shall have the right to cut off all electric and water service to the premises
where such dog is kept, and not resume the same until such dog is disposed of or confined in such
a manner as to insure that it will not thereafter menace such meter reader, inspector, officer or
employee.
9.05.240 - Running at large - .
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
No person owning, or in possession of any such dog or
animal shall permit such dog or animal to run at large upon any public street, alley or any other
public place within the city, and no person shall permit any animal to be upon any public street,
alley or other public place within the city, unless such *n dog or animal is kept under the
immediate control of the person in possession
of the same by voice command or leash.
. .
9.05.248 - Disposition of impounded animals.
At the expiration of five L5)_days,if the animal mentioned in the preceding section is not redeemed,
the chief of police shall be deemed to have acquired jurisdiction over such animal, and he is hereby
authorized to destroy or to sell or to otherwise dispose of same,and any proceeds derived therefrom
shall accrue to the city, to be deposited in its general fund.
9.05.250 - Citation of owner in lieu of impounding.
In lieu of seizing and impounding any dog or animal found to be running at large in or upon any
public street, sidewalk, alley or public place,
or kept or maintained in violation of any of the provisions of
this chapter, the chief of police may issue a citation to the owner orbs of any such dog or
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
animal,
directing the owner or-her-barer of any such dog or animal to appear before the judge of the
magistrate's court, to show cause why such person should not be punished as provided in this code
for causing or permitting such dog or animal to run at large,
or for any other violation of this chapter, and to show
cause why such dog or animal should not be destroyed, unless such owner makes
adequate provisions for the control of the animal as required by the provisions of this chapter.
Upon a third offense, any such dog or animal may be ordered to be summarily destroyed. If such
citation is issued as a result of a complaint made by any person against the owner o of
any dog or animal, a notice in writing may also be given to the person making such complaint,
notifying him to appear at the time and place stated in the citation, to verify the complaint.
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9.05.254 - Retention of animal without owner's consent.
No person, without the consent of the owner thereof, shall hold or retain possession of any dog or
animal of which he is not the owner, for a longer period than 24 hours, unless such person shall
within such 24 hour period report the possession of such dog or animal to the chief of police,
giving his name and address, and a true description of the dog or animal.
9.05.258 - Antirabies vaccination required.
It shall be unlawful for the owner of any animal to keep or maintain in the city any animal over
the age of six f Lmonths, unless it shall have been vaccinated by a licensed veterinary surgeon
with antirabies vaccine, within two years preceding the date on which such animal is kept or
maintained, unless the animal is exempt from receiving a vaccine by a licensed veterinarian. As
9.05.260 - Antirabies vaccination prerequisite to issuance of license.
No license shall be issued for any dog unless the owner presents proof that the dog has been
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
vaccinated with antirabies vaccine, as defined in section 9.05.258 within 24 months prior to the
date of the application for such license.
9.05.262 -Pound Shelter and feeding fees.
The city shall collect a $25.00 pound shelter fee, plus $3.50 per day for feeding each animal so
impounded,plus any license fees due according to the provisions of§9.05.212.The pound shelter
fee shall be $50.00 for the second impoundment of the animal within a calendar year under the
provisions of this article; the pound shelter fee shall be $100.00 for the third such impoundment
within a calendar year.
9.05.264 - Disposition of fees.
All license and pound shelter fees collected pursuant to this chapter shall be paid into the general
fund of the city.
Article 3. -Hunting and Trapping
9.05.310-Trapping of animals prohibited.
It shall be a violation of this chapter for any person to trap, attempt to trap or aid and abet any
person in trapping any animal, wild or domestic, within the City of Seward, provided, that this
section shall not apply to the following persons or activities:
A. (a)-Hunting,trapping,or capturing of animals or birds by city,state or federal law enforcement,
game department or animal control personnel while engaged in the performance of their official
duties or any person authorized by the city manager or his designee for purposes of animal control
or research;
B. (13}Hunting,trapping or capturing of rats,mice, shrews, or similar vermin; or
C. (e)-The nonlethal live capturing of loose domesticated animals or birds by means designed to
ensure the safety and well-being of the animals.Any animal captured shall be cared for in a humane
manner and returned without unreasonable delay to the animal's owner or an animal control officer.
9.05.315 -Hunting prohibited in pates city limits.
No hunting, trapping or harassment of wildlife by any means or methods whatsoever will be
permitted within city limits, unless within areas
designated by the chief of police as lawful for huntinj.
9.05.410-Discharge of firearms.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
Except as provided below, it is unlawful for any person to knowingly discharge any firearm, air
rifle, air pistol, BB gun or dart gun within the city limits.
9.05.420-Exceptions.
The provisions of Section 9.05.410 do not apply to:
A. A peace officer acting within the scope and authority of the officer's job;
B. Any person who is lawfully defending a person or property;
C. Professional or public target ranges specifically authorized by the city council, or indoor
air-propelled arm target ranges; or
D. The discharge of a firearm in areas open to the public for lawful hunting with a firearm.
Chapter 9.10 - Civil Defense and Disaster *
* Footnote: See AS 26.20.010, et seq., for state homeland security and civil defense provisions;
see AS 29.35.130 as to the establishment of emergency services communications centers.
9.10.010-Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Civil defense. Preparation for and carrying out of all emergency functions other than functions for
which military forces are primarily responsible,to prevent,minimize and repair injury and damage
resulting from disaster. It shall not include nor does any provision of this chapter apply to any
condition resulting from a labor controversy.
Civil defense and disaster service worker. All city employees, all volunteers registered with the
civil defense disaster organization, and any unregistered person pressed into service during the
state of disaster or state of extreme emergency, by a person having authority to command the aid
of the citizens in the execution of their duties.
Disaster. Actual or threatened enemy attack, sabotage, air pollution, extraordinary fire, flood,
storm, epidemic, earthquake or other disaster which is or is likely to be beyond the control of the
services,personnel, equipment and facilities of the city, and requires the combined forces of other
local agencies to combat.
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Local peril, local emergency or local disaster. The existence of conditions within the territorial
limits of the city,in the absence of a duly proclaimed state of emergency or state of disaster,which
conditions are the result of an emergency created by a great public calamity, such as extraordinary
nuclear or chemical accident, fire, flood, storm, epidemic, earthquake or other disaster which is or
is likely to be beyond the control of the services, personnel, equipment and facilities of the city,
and requires the combined forces of other local agencies to combat.
State of disaster. The duly proclaimed existence of conditions of extreme peril to the safety of
persons and property within the city caused by such condition as air pollution,nuclear or chemical
accident, fire, flood, storm, epidemic, riot or earthquake, or other conditions, except as a result of
war-caused disaster, which such conditions by reason of the services, personnel, equipment and
facilities of the city, require the combined forces of mutual aid to combat. State of disaster does
not include nor does it apply to any condition resulting from a labor controversy.
State of extreme emergency. The duly proclaimed existence of conditions of extreme peril to the
safety of persons and property within the city caused by an enemy attack, or threatened attack, or
other cause such as air pollution,nuclear or chemical accident, fire, flood, storm, epidemic,riot or
earthquake, which conditions, by reason of their magnitude, are or are likely to be beyond the
control of the services, personnel, equipment and facilities of the city, and require the combined
forces of mutual aid to combat. A state of extreme emergency exists immediately and without
proclamation thereof by the governor whenever the state is attacked by an enemy of the United
States or upon receipt of warning from authorized federal or state agency indicating that such an
enemy attack is probable or imminent. A state of extreme emergency does not include, nor does
any provision of this chapter apply to a condition resulting from a labor controversy.
9.10.015- Purposes of chapter; expenditures.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans
for the civil defense of persons and property within this city,in the event of a disaster from natural
or man-made causes or acts of war, and to provide for the coordination of the civil defense and
disaster functions of this city, with all other public agencies and effective private persons,
corporations and organizations. Any expenditures made in connection with such civil defense and
disaster activities, including mutual aid activities, shall be deemed exclusively to be for the
protection and benefit of the inhabitants and property of the city.
9.10.020 - Director—office created; powers generally.
There is hereby created the office of director of civil defense and disaster. The city manager may
be the director of civil defense and disaster. The director is empowered:
A_(I)-To request the city council to proclaim the existence or threatened existence of a local
disaster or local emergency and determination thereof, if the city council is in session, or to issue
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such proclamation if the city council is not in session, subject to confirmation by the city council
at the earliest practicable time;
B. f23-To request the governor to proclaim a state of disaster or state of extreme emergency when,
in the opinion of the director,the resources of the region are inadequate to cope with the disaster;
C. (3)-To control and direct the efforts of civil defense and disaster organization of this city for the
accomplishment of the purposes of this chapter;
D.f -To direct coordination and cooperation between divisions,services and staff of civil defense
and disaster organizations of this city and to resolve questions of authority and responsibility that
may arise between them;
E. (5)-To represent the civil defense and disaster organizations of this city in all dealings with
public or private agencies pertaining to civil defense and disaster.
9.10.025 - Director powers in event of disaster or state of extreme emergency.
In the event of the proclamation of disaster or local emergency, as provided in this chapter, or the
proclamation of a state of disaster or a state of extreme emergency by the governor or the director
of the state disaster office, the director is hereby empowered:
A. (1)-To make and issue rules and regulations on matters reasonably related to the protection of
life and property as affected by such disaster or emergency; provided, that such rules and
regulations must be confirmed at the earliest practicable time by the city council;
B. (2)-To obtain vital supplies and equipment and such other properties found lacking and needed
for the protection of the life and property of the people,and bind the city for the fair value thereof;
and if required, immediately to commandeer the same for the public use;
C. f33-To require emergency services of any city officer or employee, and in the event of a
proclamation of a state of disaster or state of extreme emergency by the governor in the region in
which the city is located, to command the aid of as many citizens of this community as he thinks
necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits
and immunities as are provided for regular city employees;
D. f43-To requisition necessary personnel, and material, of any city department or agency;
E.(5)-In the event the city manager is appointed civil defense director, he is to execute all of his
ordinary powers as city manager, and all of the special powers conferred upon him by this chapter,
or by resolution adopted pursuant thereto, and all powers conferred upon him by any statute, or
agreement,approved by the city council,or by any other lawful authority,and to exercise complete
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authority over the city and to exercise all power vested in the city by the constitution and the
general laws of the city charter.
9.10.030 - Organization—composition.
All officers and employees of the city, together with those volunteer forces enrolled to aid them
during a disaster, and all groups, and organizations, and persons who may by agreement or
operation of law, including persons pressed into service by provision of subsection (3) of section
9.10.025 shall be charged with duties incident to the protection of the life, and property, of the
city, during such disaster, and shall constitute and be known as the civil defense and disaster
organization of the city.
9.10.035 - Organization—division,services and staff.
A.(a)-The function and duties of the city civil defense and disaster organization shall be distributed
among such divisions, services and special staff, if the city manager, acting as director of civil
defense and disaster organization, or the director, shall prescribe.
B. (b)-The city council shall, , adopt the civil
defense and disaster organization's plan for the city, which:
(1) Sets forth a form of organization;
(2) Establishes and designates divisions and services;
(3)Assigns,functions,duties,powers and responsibilities of the civil defense and disaster services
personnel;
(4)Designates services and the respective chiefs of services;
(5)Establishes operational procedures to be carried out in the event of local disaster or emergency,
or proclamation of a state of disaster or state of extreme emergency, as defined in this chapter.
C. (e-Insofar as possible,the form of the organization,titles and terminology shall conform to the
recommendations of the state disaster office and disaster agencies of the federal government.
..a duties and p cifed ; chapter 3 o f the H n e Rul„Charter „f the city
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
9.10.045 - Acts prohibited during disaster.
It shall be unlawful for any person, during a disaster:
A_(44-Willfully, to obstruct, hinder or delay any member of the civil defense and disaster
organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or
in the performance of any duty imposed upon him by virtue of this chapter;
B. (2 -To do any acts forbidden by any lawful rules or regulations issued pursuant to this chapter,
and such act as is of such nature as to be likely to give assistance to the enemy or imperil the lives
and property of the inhabitants of the city, or to prevent, hinder or delay the defense or protection
thereof.
Chapter 9.15 - Fire Prevention
Article 1. - General Provisions
9 110 ni€s ire-Code- Adopted.
9.15.111 - 2012 2021 International Fire Code—Adopted.
re€erenee-to the--same extent-as if t fort►- f,ll h t t„ th„ tent that th„
--i�ac^T-zvrcrr-i-n--raair-rr^c-ra^-ii�^c�a^.cprcv cn�. c^�rcir�cmr�cna,
l.,t,.,. . dopted .L.ic .. c the p of this ..ode shall .. ply
aura.■ uuv�s cccr,
1. The IFC Chapters 12 19, 37 49 and 68 79 arc reserved. Chapters 1 11, 20 36, 50 67,
40-anfl-APPendiees-B— and-H-24-1-2-ftlitie10-are-adoPted-hy-refereffee-te-regulate-all
revisions:
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
lL
1--rep a theme th "Eleetriet ede-as-adepted--by 8 " C 70.025 „ded ., „f
ti
. ,
. .
36
• •
eanepies
. ,
. .
. .
. . . . ,
s
6 pter Seetiea AB, (Bo^rd ^f "ppea-ls) is-amended-te-refeet SCC n.,c.,12.
AS 12.55."
• >
: "
homes (Croup n 33—eperatingbet peen- the--heurs f 6:00 nd 10:00
. ,
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
h Section 29411__Happ -sle and (4) porta, n^ xtinguisher
requirements as-deseribedin-Section 90F
pte Section '11�02, (Gene de initions) is a is a by adds
rr
tr rr rt
the ' eetion 405.t
11 Chapter '1 Section 20'1 !General definitions) first ntence of the last paragraph of the
11. ..1l slts la.l i1, 4J 1.{.IlVll ,
definition ns i tie oup-� is revised-te--r ^a: I„•deseribed_abovea^ch one
> , i
Chapter Sectio 202 (General definitions) add ^ nap ph to the definition
1 iI. t.11uYalil CJG ,
"Institut: rr rr A fa i des b bove with
-�cr9#i-Rl-Frr9�l-�-&n t9�c^-ul��r-ruEillca-isTvae-cicae�-lu , ` cIr
"-Instituti6 oup-I an 'lity that p :aes ..
24 hour basis tom e thaw, hild.e„ yyhe ^ ^ two and a half. of ^ r less
M i�l'i 11Vlll VNJIJ IV 111V1{. all i1I1 ,
including children related to the sta€f shall-4be-eiasrifi ,rr
• > >
rr n n
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classified-as_it_Greuty ,"
15 Chapt Section, 202 (Ge„er^l definitions\ : ed by adding., ph t„the
definition for"F4-4'�u "Residen • rt rr ccupancj classiifcation"between the
cif„st_and_seeend_paragraphs_40_fead:÷ Faeilitie"4thin_This_citieupaney_eiassicieation__that4tave
rt
the I.F.C., Section 405.10."
4bb hapter Section 34-7-•Z Per n-it-required),is revised-te-r : " '. The fire-chief
it 1l•r ntio ntre „ sy
va a uai�a. vi ��aauaaaa. alaullugc , lfa: t
,
> >
fire."
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
rr
fla ctio „th .hl; eti„ atho f tha urpose of delibeiu�av atia
ia,
vvershiP> > > > > >
rr
ph_Glifipter 3,-Seetio • z evise tleletingthe-re€ere a ,rfeperty
Maintenancee.."
1 n Chapter 2 Sect;o„ 3 l c (Placards) as h., deleting this_section.
• > >
to . rein the a .,t o „tea ire .. rty the a a ..t shall
T ,
11
11 tl
tl
alarms of ha ntea fire drill for the of Section A0c Ti mer.gency
evacuation d[rills23 .tr
• > > ,i
n row
tl
Section-405.1.0
. > >
405 I n * Def;nitier In this section :
rr n
either to a ate a buila;„o or to relocate from the p nt of o to a ,.t of
sa€et3.
•girt-off Safety" 1„ at:„ that /al xte r to „a f. huildi
!h\ ; ;thin, a building of a type a instruction. .. otected throughout by a e
reguirem f IFC section 1020; or (2) ,:rhino a arbor portion, of the building that is
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
than a e half hour firer .stance rating ..a the portion of the building has a s to
all All ({ Vll tr ll All 11VA , �
w iva."Aiaciv a.esa.wYe vi
.,f x t that A nfor is to y,th r nts of this node and does •lot
return to the. a of the, fire.
405 4$3,-F re Dry euatio E ete tfen -Tne—intial
o€fieial, based--s -reeerd „f fire drills ee ete the cility-staff The drills will b,e
40-5,1-0.4, Evacuation - e--proteetion--requirements. Fiireproteetion
requirentents-of-a-faeilitunder-this-seetion-afe-as-follows4
. ,
eati'fie-requirements-e the eedefer Croups-1-1,12 o R 4 oceu-paneiesmust
followed.
405A-0.4.2,filow evacuation-capability, >r yacuation c ability of m e the,., three but less
sidential „l,lers .,stalled rd.ance with section nn2 2 1 N D A 3
(Sprinklers ,step s)
. ,
slow--capa-bilit -t er seetion--405.10.4.2;(b) one half hour i re-resrstive construetion
via--a--three foot si ch wide door. er (ii) if th„ sleeping r at„a fro.., the r„st
wiudows-eonforming-to-the-provisions-of-seetion40-297
, ,
n
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
rr
25 Chapter A Section An4 2 (Gre.... >r ., ..a Group D_'1 college e..a
buildings) is rein additin_of_a__snbseetienterea: 4084,TFalse alarms lse
rr
11
m rtovy nrnm the etion � ter Septe er nn r1,a r..a ., .,t„s
�eeess repaired to eemt�
Ir
rr� Tl, hi 4 t a fi a t t 1. ,. .
to-re-a �<cee�t�9ir:�n�c'iricrvr-ttri;re�icrcera�acpurcirreir��-i-i:g--J'u' -i��criccioir-iiwT
merease-er-deerease-the ensien „f
. ,
29. Chapter5,-Seetion 505.,, (,.ddresn ers)tcne-first-sentenee is-revised-to-readThe
rr
rt
tt
31GhaFt r 5, Section en7.1, (Fire Pret ti eeon t Waer Supplies t), e firs t t. epee ; ea
te_featirapprevt
ea ate pl able of c p1. the ea fir fle f fir protectie.. be
Y f
t1
,
11
o- portion of tl.e facility or building hereafter nstructed a ed into__er within the
fead> >
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
v
section
;s further . ed by 1 a deleting Exceptions n 2
33 hapter5T-Bection50-.4,(Obi#uetion) is revisna by adding n „ew sentence he
✓i• a hapter V, vcctavnr 6v3 (Fuel Fired Appliances) ed by deleting the references
,
"International Fit^1� ce and--repiaeing them with"Rlu g rode-as-adepted-by 8
AAC63.n� 10, as ended ass of ebruafy_23, 201 n n mended Ito tin e. 'fefereneeseetfieat_cod , and the
n rt n
A ArrAC-441•va Tember 27 nn8 a.,a a - end^a e- times""
-an}e�ded�i�s-e ep mimte,
3l -Chapter 6;--Seedo 6n3.3.', (Fuel--oil-storage-in-entsi „d tanks) the last
w4
gallons (2498-L) shall-comply wit" NFD A 3 nd have distance-to nearest
the-references "ICC Electrical ! ,de" .,,, ephieing=t with Electrical Code as adoptedl--by
A A C 7n 02 r e temb nn time
�-r�rc-r�v���-a-s-a,i�el�ded--aS-orczep�cmve�-� v,8=and�'8-arirende� €ren�ti-life-teen
37. Chapter 6,Sections 5 ee' ent,Wring-andl
September 2 �908 ands amendea�time to e"
38. Chapter - Section 703 2 z moor a ation) ; ed by addin a „ Section
✓V• ill(1IJ LL.I T,
'1
hem--them-proper- peration at any time. Whentw^ ^ self—elosing_fire
I.B.C."
ception: Buildings tn.,,po ar•ly closed .l..e to al o ations m l,a..e their fire
L AL.I.11 L1V1L•
the f llowing n nditions:
uaua 111 J'JL{+ v
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
C. tilities-arediseenneeted-and drained;
—The-fire-syr&tems-afe-eertified-as-oper-atien-al-befere-the-building-is-reeeeupiedi
it A 24_hour ., .7ay ire . atcl. s .lefine.1 Section 202 ideal .during the interim
I he "tre-eot e-e€feial-is-neti€ie0-in-wr-iting-efthe-ekisure; and
n
t [l !i 1 tee d: "F•
��iir�ce��see-ti9fl--���.rta-�iuti6�i�cceeeFta-I}^c�ccstl-H gT�l•e�'-i Se�t9—re&a—rite
> > >
> >
must be-eenveyed-te-the-chie€ thin 30-days."
> >
rr
> > >
and
ems;
3 Any time .1.,...age is found;
,
6 Afters al shutdown,
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
Reports-o€-inspections-and-t� tc t b ta a r a f the
cac�--ii:iis��c-Iirisia a^cza--vir C'�S@S�e9pj=-vrciic
ace- est-ewe must €orwarded--to-t#ere-code offieialby the n
conducting the : ection or test I ,ithin 0 days „f the : ection or test being ,. pletea
\VaaY Ham.Lillb fill. 111J t/i.\�L1V 11 Vl LliJi 11 •
i't ceordance wit►cn-13 AAC 50.03o n�vti reludl-ng the- dingo „er or the owner's--agent."
rr
> >
t#e-shutdown u-ntil-thee protection--system-has-been--retur-ned to service•"
43:-Cha-ptet•--9, Section--90-3.2 ,-{Croup- )-is revised--te-r „tent-atic
of-this-section,
R Home Day Ca. s that a e licensed to c e for a than five p s between the
li• uvaala, liuJ �.ua a, us%
hours „f 10:00 p nd 6:00 ., ,st b,, a ed i ,itl, a ••toniatic „kler s ,stem
11VN1J Vl 1V•VV tJ•lll• ullu V•
44,Cliapter— Section-903 -Groap-R)-is-reviseel-to-readoup-R,-An-automatie
903.2.8.4."
45-Chapter Seetie . , (-Grottp-R) ..evised b. add: new Seetion 903 2.8.3 to
„arr 903 7 4 3 Croup D 1 (Heald, Clinics I ith Transient Quarters) utili a an NFDA
i\.NM /V✓•iI•V•✓ V1Vllt,! 1\ 1• `ill.{{fill \.iIlIII�.
1
• ,
r
section
46 Chapter n Section 903 4 (Croup R : ed b., adding a , Section 903 8 ,l to
reackrr
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
buildi ith C. D '1 fi> that tha tll, sto.-ice he gh+ c1uaaa din
, l �
11
A^/. Chapt •Z1•1 !NL D A 1 Z nkle.. s ,stems) : vise.) by adding e
, �F , , g u iaa.w
Seetion 903 2-te--r : Irn03.3.1,1.2 Elevator Hoist Ways an,a Machine Dooms.When the
pro isions of this ee grey=uir s—the sta ation--of automatie—sprinkler--sysrtecnrs, tthe
Zn (Elevators ,..1 Conveying Systems) and NFD A 1 Z Elevator Hostand ine Mach
Illli
e nd adopted by re eren^ n the A m S„ ety f Mechan: al En 1r s
(A.S.M.E ) A 17.1 Safety C„de for Ti leyators and Escalators (2000 edition) and adopted by 8
•(2)-Q,moke-deteetion-i.s-provided4n-aeeer-damee-withil-adeptecl-by-referentaeanth
i
(3) notifieation of alarm aetivation zeeeivedat a cens-tantly monitoredleeatio
48. Chapter Seetio nn3.Z.1.1 of the ea by adding a Section, 903.3.1,1.3
. Irn0Z.Z•1 ) nsecors es vave tes vave )hille nae.) t th ae .. te S
teT . .1•ZIpt t t l ) A t l bistll
ell+ea
installed to the-exterior-or-te-an4nterio
11 11
, ,
11 11
50 Chapter n Section 903 (Existing hu:ldings): ed by adding Section 903 1 to> ad:
11
Cr rda ith Sect:o 903 Z ed whenever alteratio
rr
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
. ,
documents to those th t .st be submitt„d f r plan
..V1..1111{.111J CV T
4 System , r d:agr.,ms
15:Fire systemdes er stampTsigna te,.
ef--1-00-ems--mere"
5 Chapter n Sect:on 907 2 2 (Croup B) : ed b deleting t► e „ ption
55,Cimp er-9-, Seetion--90 2 ,1s-rei ed b dig-a-seeend--paragraph te-rem"Deems
be-p-revided with smeke s-had-eemply with-Seetion 907.'., eieting
exee.,ti„
. ,
. . . ,
58 C► apter 9 Section one (Croup ram) ; ed b y deleting a ption
. ,
exception
exception-2.
61. Chapter 9, Seet+en-9-07,2. . , by
paragraph to--rea A copy of the-aeeeptanee-test-eerti€ca
aeeerdanee with NFPA-72, as-adept a€erence,mast -fenia-ded by t r-m
authorityvithin-30-days of the-completion of the-installation.='
a second--paragraph te-r " ;sting Croup R
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
ee e-alarms-mtus-t-be s-talle ssdeseribec in-Sectien-90-7.2 -1"
rr
50.025.11
65 Ch apter n Section nn4 (Carbon xid„ alarms) ; ea by adding the
rr
en eaeh-Meer level."
66 Chapter n Section nn4 7 (Carbon ..• .,id„ alarms) : „a by adding the following
rt
,
rorira commercial-source,andd--shalssll-be equipped-wit a--batter ba
preteetion
.r
feadl
n
rr
6n hapter 1 n ection 1 nn1 (Cinema) i ea by add ng te following wNords to the as
. 0 , S , h l st
sentence-of the-exception "ass governed-by t .11
7n Ch pt„r 1 n Secti„n 1009 ,1 (Stairway width) ; ea by adding the f llowing„
to—read"Exceptio a ders used only to attend equipment nt frost tl,e
requirements--e€-seetien 1,0T
n
Aeeumulatien-efthe-sno er-lee
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
7-2,Gluipter10Seetioon40-1-078*(Aatdeer--conditiens)-is-rev4sec Hid g-s sentence n
spew-ewe be designed-tee the accumulation the sneer er-iee."
73 Chapter 1 n Sectio„ 1 01 c ^l ^l (Three „ xits xit a s doorways) ; „d by
i✓. a..aaur..a.a iv, ll l�l�laVla s.vr ,
rl
length--eft# overall diagonal dimensien-efthe ea-served."
. ,
rr n rr
sprinkler s ,stem when tlae c ridor:
Serves a nt load g ate.. th an 101
cam. va.a ,
Anil
C. iess than three stories-in heigh .=r
75. Chapter 10, Seetie . , eeeral) is revis thing a sentence-te-read"Exterior
. ,
rr
. ,
> > >
rl
'77 Chapter 1 n Section 1029 1 (Ce.aerall ; ed by deleting a ptions 1 and 2
i i. �.aau�s aa.a av, va,�.cavn . , .
sentence—is revised to rem Aircrm motor vehiele4Rel-dispeHsing—faeilities shall be .
aeeerdanee-witli-Gh-apier-23e€-they-FC-and NF , adopted-by referenc
7n Chapter 2n Section 2005 (Portable fa.,, extinguishers) ed by deleting Section
.�. �..aau�.s..a.a 1r v, vc.a.as ,
8.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
tt
23-of t#ezand NFP A. A07 as adopted by re€erenee"
41 C apter 20, .2 !Section 2006 Construction of aircraft_fueling vehicles and a ^TJVl 1<.Jes)
. , 1J
revis ew exception to reaad• "Exception• A ,chicle trailer tank with
• > >
the tank c city.
the ific
tr
82—Capter 23 eetion 2306.2.3, /Above-greend-tanks-Ieeated--outsid ,
revised by addingiut-iten+6to rea . rt abo ..a atm pheric tanks 1,e
used_witheut_speciat_eneiosure_ef_fire_ratingif_the_fellowing_eriteria_a_re_Inett
. Tanks--mustt be located-as required for "Other Tanks" by Table 2306.2.2.
the-ienee."
rr
tr
•
8 l rhapte ►� Section 23 > 2 (Drai age .,.,a disposal of l;a..;as ...,a aa_�n. k a . ast„)
rr
afe-Provided
> > >
.t
sentenee tr tr
,
n n
,
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
rr
fre—ehiefefthe__registered—ire departm ridition require__the
uv�.uuawaru uvaa va alai. a.avo ua a. 4rasarr , ^,
•
managManagement Plan nd Hazardous Materials Inventory Statemen* indicated Sections
ement r asaaa isaaar rrarz,
5001.5.1 and 5001.5.2."
88.Chapter 56 ,eetion-5 1, {Seep^e) is revised to insert rand-AS 18.72"after 'came
rr
89. C-h-apter 56, Seetion--560 > > (Exples• e + dard) :s rey4sete�d. n
, oTl'rv�+i c-mure�la�--9�a4�
tuition to the reuirements e€-this ehapter,Seward Code-Chafit °ems �A rrtic
> >
explosive-m at er-i-als.►r
rr
allowed-in this-seetion a„a A S ,4.72."
94- Chapter 56,Seetion36n1 cope) is-rei4sed--13Y-addingnew Seetion-560' to
reathrr
n n t� all f:.. transport fireworks f>.
. z.�-ar���85�9-peer-so" ^��,—p^Ss�s,-o��p�r-.zr�..-�.�sz�
> ,
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required-as outlined-in- re ard-Git pter 9 5, Artiele-3.rr
93 pter-5kseetion-5601.7, (Seizure) isrevisea by adding the words "or-AS ' 'err
94 hapter 56—is—revised--hydel Seetie s al Responsibility) nd
95 Chapter 56 Seet:on 5601 2 (Sale and retail d:splay) : ea by deleting the . rds
n rr rr
explosiveinateriais
rr
96Chapter3�, eetion 5608-is-reyiseawe-titling-the seetie "FI EWO KS DET A I
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
SALES AND DISPLAYS."
. ,
rr rr
08,GkaFtcr56 cction 5608 Permit appiieatie i) is revised to-read: "Permit a plication.
1OS:o ft#c I F
• .
AG
te-sell> >
r
3C f:reworks to „ s fireworks for display „ .,tine testing of L 3C_fireworks.
„f 1 3C fireworks or 250 g „ds r1 t 2 ,l kg) of salable fireworks.
r .
r
r
and-in4he-ameuet-set-eut-in-AS-1-8,7-L02ker
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
(5) A r a plicatien f r .a retailer's „ mit 1 .ceder (a) (2) .af this p ph .ar for .a fireworks
`✓� All ulJ 1.1 lll.ualVll
state fir., m rshal showing aaced describing the sales location er display site•
J lla alp Ill�. , ,
(6) Ana plication, f ar a .technic .a ator s p mit 1 nder (a)(3) .af this p ph m nst
� ��u uYlsaa�,uuvaa ava u la�i vats
iia�auua. „i"of satisfactor .ay t the .. fi statr., rshal that the a aat•plica.ludo p
7
and
., this stat.. er holds a .alid p otechn is o .ator s r wait er license from .a other state
11a 1111J Jasa ace. Vl 11 VltaJ u
ef4his-paragraph
49 -Chapter36, Seetie , by• adding Sect„ann
t' .a A 't far the tail l..
^te-Fefk�See-ti6�J60evOe&aivzr-ailcr=au=apciraivir.Trirci-airirrvrciraTccmrairic
of s.al.able fireworks n oid if the intena.le place of sale o of the n mit ; „thin,
Vl JIalH V1\. 111\.♦♦V11�J 1J ♦Vlla 1T T11G
lufisdietiffit
holdersends ansports, deliiers-ire s to-a jurisdictie ee- s
pr.ahibited the sale o of f;reworks
The State Fire Marshal m oke a mit or licenase if•
a aaa. �ausc
the date set in. the order•
(2) the p mittee or licensee ; cited cal a than, .a .a time for the s .,Latio.. of A S
18 -or the e-cede-regulations in this chapter-in the same-ealendaf-year-;-er
if a mit or licenase oked the p mittee or l cenasee ,„ , file .a ritten, a .al to the
a.a sl Ya.illau va aaa.anal Jan a� ii�v ac ,
m-ay net apply for or be-granted--a--new ppermit or license orthe sale, use, er display of
����e�or oney�e� ate-o -r€€ evocation
. ,
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
. . ,
. ,
sentence-te-read: s seetien-does--net-a- yte shore oil plat€erm
1- pt „d b y adding a Section 5801.3 to read.
5801..3 Plan review. Where a g e c ntainer ; 500 gallon n892.7 r ) w ater capacity
erthe-aggregate ca-paeit efeeeta-inerss-ire 500 ter-eapaei ;fie
50.027."
aft
N >r D A 10 2013 Portable Fire Extinguishers;
N.F.P.A. ;
N F D A 12 A _2009 Halos 1301 fire extinguishing s ,stems.
N.F.P.A. ;
N 1r n A 13D 2007201 2 Installation of'Spri„kler Systems i„ O„a_ a„d Twa_Tamily Dwellings
N T1 D A 13 20072013 Installation of Spri„kler Systems in Residential Oeeupancies Up_to
f
N T. D A ^72 2013 National Fire Alarm and Signaling Code;
r-rrrrr.��-rv-r���ssro'ressrr-irc� �n=mn�cv a
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
N•F 72$ 2012 S da-rden-Installa-tion of Caf M,., oxide Warning Equipment
n A 750 2010 Standard on - atcr Mist Fire Protection System•
1\.l •1 •A• l JV SiVT ,
106, $en Board of Appeals,,is-adopted ai c-revise-tto rread: "A vcoppc A board
fer-medification of the-requirements a Internntional Fir„ Code. Thep edur„ r r th„
bead-of appeals is es blished-i -Sewa-rd City Ater n •tiele Section
n 1 c 1 12 The r „der of A ppendi. A is deletea
107,- Appendix of the IFC is-revis lews4
"APPENDIX K FIDE ST A TITS DEi PODTINC"
K1 f11 (Scope) A 11 fire .iding the State of A Iaska shall
l�l v 1, �va.v�sa.� riaa rarz
Of iee-asadopted-and ended-to the 201' rs-lis-ted-bek
Sec below forc ntact information
withi„ 2 1.ours Notification m , be made bye .mil
♦11111111 ilT
• ,
• • , • • • • ,
Sys:
1 Damage to fire department c ections
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
K102.1.1.2, Fire Pumps:
. . . ,
2 Plugged .1isch..rge n zz es
G Gas o electric not shutting down
. ,
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
K-1-0-3-1,Correct Ne action Tim s-2 ys emsshall be-repsairecd--wit i-in 1n 14 days;
1i1i- 03 1 1 or a ple (but not limited to).
VJ•t. , F
ir103 1 1 1 Fir., Sprinkler ,.v Water Based System.
1z1.,J.1.1.1,
'1 Change of use th at I ,ill .,f f ct the performance of the nkler s ,stem
r. �.as slaa�a� Va uoa. a.lr
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s
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A Detection not. rking a .. to three device r three devices status 1
K10Z 1 1 A ditchen Hood Fire Systems•
lil VJ.1.I.T, I
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
4,14eetl-and-duets-with-heavy-grease-buildup,-
2,4114j-ether-majer-preblems-that-will-afeet-the-perfer-mtneeT
K1 n�Stats 3) Miner defieieney- ts—alll beprevidedtet#e-elesestS e--Fire
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number;
4,def-ieieneies-shall-he-typed-Or-wr-itten-and-shall-he-prittted-text,Ne-ettrsiye-Of-longhand
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CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
5700 E.Tud9 9a , Anchorage 7�it 99507; Phan �,- 907 269 8
egerRendFairbnnks 1-9-709;Phone 907-451 5200, Fax 907 451- 8
2 60 Sherwood i-ane, St„ 2 ,B runeau it 9980 . Phone 907-465 4331-Fax 907 4b�-
-n , �o , vzaircuu��rrzTr vrrirvirc�vr u�vr
5521
(-E ,/--1-4/81,, Register-?7,-am 8/2/86 egisam 10/28/90;-Register
am 8/27/2004, Regis , ;
/ / , Register )
Authoity. S 18.70.080
International -i-re Code for-publi , ' .
A. The International Fire Code, 2021 Edition (IFC) Chapters 13-19, 41-49, 52, and 68-79 are
reserved. The International Fire Code 2021 Edition (IFC), Chapters 1 - 12, 20- 40, 50 - 51,
53-67, and 80 and Appendices B-I,K,L, and N as approved and published by the International
Code Council, and adding appendix KK, except as provided in subsection D of this section, are
adopted by reference, and hereby designated and shall be known as the Seward Fire Code and
shall constitute a portion of the laws of the City relating to building regulation except to the
extent that the International Building Code as adopted by the City shall be in conflict with this
code or any relevant ordinance later adopted, in which case the provisions of the International
Fire Code as adopted by the City shall prevail.
B. The City of Seward shall possess three copies of the City designated edition of the
International Fire Code, for public use, inspection and examination, so long as the provisions
thereof remain in force: one copy is kept in the Seward City Library (239 Sixth Ave) and two
sets are kept at the Seward Fire Station (316 Fourth Ave, Seward,AK 99664).
C. Copies of the NFPA Standards may be obtained from the National Fire Protection
Association, 1 Batterymarch Park, Quincy, MA 02169-7471 or at www.nfpa.org.
D. Copies of the International Fire Code 2021Edition (IFC) may be obtained from the
International Code Council Inc., 900 Montclair Rd, Birmingham,Alabama 35213; Telephone:
(888) 422-7233 or at www.iccsafe.org.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
111
E. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove,
convert, demolish, or equip any building or structure in the city, or cause or permit the same to
be done, contrary to any provision of the International Fire Code adopted and incorporated as
the Seward Fire Code by this section.
F. The International Fire Code (IFC), 2021 Edition, adopted in Subsection A of this section is
adopted by reference to regulate all occupancies and buildings for the safeguarding 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 other conditions hazardous to life and
property, except that the IFC is revised by deleting all the references to "ICC Electrical Code "
or "NFPA 70" and replacing those references with "Electrical Code as adopted by 8 AAC
70.025, as amended as of April 16, 2022"and the IFC is revised by deleting all references to
the "International Plumbing Code"and replacing them with "Plumbing Code as adopted by 8
AAC 63.010, as amended as of April 24, 2020" and the IFC is revised by deleting all the
references to "International Fuel Gas Code", with the exception of Chapter 3 Section 304 and
Chapters 6 and 7. Additionally, the IFC is changed with the following revisions:
(1) Chapter 1, (Administration) of the IFC, Section 101.1 (Scope and general requirements) is
revised to change:[NAME OF JURISDICTION!to City of Seward.
(2) Chapter 1, (Administration)of the IFC,Section 103.1, Creation of Agency is revised to read:
"The Seward Fire Chief and Building Inspector shall be known as the fire code official
responsible for the implementation, administration and enforcement of the provisions of this
code.
(3) Chapter 1 of the IFC, Section 104.7 is deleted.
(4) Chapter 1, (Administration) of the IFC, Section 105 (Permits) is revised by adding a new
sentence to 105.4.1 to read: "In addition to two sets of printed construction documents, one
electronic copy shall be submitted":
(5) Chapter 1, (Administration) of the IFC, Section 105 (Permits) is revised by adding a new
section 105.4.2.2 to read: "105.4.2.2 Fire system plans shall be designed by a State of Alaska
Fire System Permit Holder Level IC,IIC or IIIC in accordance with AS 18.70.090 and 13 AAC
50.027 or a professional fire protection engineer, mechanical engineer or electrical engineer
registered under AS 08.48.
Plans shall include the following on each drawing:
1. Original signature and date on professional seal, or digital signature and date on
professional seal. 111
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
2. State of Alaska Fire System Permit license number with permit level designation or Engineer
license number; and date.
(6) Chapter 1, (Administration) of the IFC, Section 105.5 (Required operational permits) is
revised by deleting all operational permits except for: 105.5.16 Explosives, 105.5.17 Fire
Hydrants and valves, 105.5.32 Mobile food preparation vehicles, 105.5.34 Open Burning,
105.5.36 Open flames and candles, 105.5.40 Plant extraction systems, 105.5.41 Private fire
hydrants 105.5.42 Pyrotechnic special effects material, 105.5.49 Temporary membrane
structures and tents. And adding to the last sentence to read: Any fees associated with an
operational permit are set by Resolution by the City of Seward Council.
(7) Chapter 1, (Administration) of the IFC, Section 105.6 (Required construction permits) is
revised by deleting all construction permits except for: 105.6.1 Automatic fire extinguisher
systems, 105.6.6 Fire alarm and detection systems and related equipment, 105.6.7 Fire pumps
and related equipment, 105.6.11 Gates and barricades across fire apparatus access roads,
105.6.17 Plant extraction systems, 105.6.18 Private fire hydrants, 105.6.19 Smoke control or
smoke exhaust systems, 105.6.21 Special event structure, 105.6.23 Standpipe systems, 105.6.24
Temporary membrane structures, tents and canopies.
(8) Chapter 1, (Administration) of the IFC, Section 105.6.24(Temporary membrane structures,
tents and canopies) is revised by adding the following phrase after "in excess of 400 square feet
(37 m^2).": "There is a mandatory ninety day period between the date an operational permit
expires and the date a substantially similar operational permit (under section 105.5.49 of the
IFC) or construction permit (under this section) can be issued. Temporary membrane
structures, tents and canopies must be taken down during this period. Whether a permit is
substantially similar is determined by the fire code official based on factors such as location,
size and use.
(9) Chapter 1, (Administration) of the IFC, Section 107(Fees) is revised by adding a sentence
at the end to read: "Plan review fees for construction, alteration, repair, or changing the
occupancy of a building, a substantial land structure, or structure regulated by the authority
having jurisdiction, to include that of Fire system plan review, will be included in the Building
Permit fee covered in the International Building Code Section 109 and SCC. If work is being
done contrary to the provisions of this section, the City may order the work stopped by notice in
writing served on any persons engaged in or causing the work to be done. The persons doing
the work shall immediately stop the work until authorized by the Fire Chief or building official
to proceed."
(10) Chapter 1, (Administration) of the IFC, Section 111 (Means of Appeals) is amended to
delete the entire section and replace it with "Appeals of orders,decisions or determinations made
by the Fire Chief or building official relative to the application and interpretation of this code
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
shall be in accordance with Seward City Code Section 9.15.112".
(11) Chapter 1, (Administration) of the IFC, Section 112.4 (Violation penalties) is revised by
deleting: "shall be guilty of a[specify offense!,punishable by a fine of not more than [amount]
dollars or by imprisonment not exceeding [number of days], or both such fine and
imprisonment"; and replace with: "shall be in violation of SCC 9.15 and AS 18.70.100 is guilty
of a Class B misdemeanor and punishment shall be as set forth in AS 12.55."
(12) Chapter 1, (Administration) of the IFC, Section 113.4 (Failure to comply) is revised by
deleting "subject to fines established by the authority having jurisdiction" and replace with
"shall be in violation of SCC 9.15 and AS 18.70.100 is guilty of a Class B misdemeanor and
punishment shall be as set forth in AS 12.55."
(13) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) the definition of
"airport" is revised by deleting "with an overall length greater than 39 feet (11,887 mm) and
an overall exterior fuselage width greater than 6.6 feet(2,012 mm)".
(14) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) the definition for
"occupancy classification", the introductory language of the sub-definition of "Educational
Group E: Group E, day care facilities" is revised by adding a sentence at the end to read:
"Family child care homes occupied as their primary residence (Group R-3) operating between
the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any age
without conforming to the requirements of a Group E occupancy except for (1) smoke alarms
as described in Section 907.2.11.2; (2) carbon monoxide detectors and alarms as specified in
Section 908 adhering to AS 18.70.095; (3) means of egress requirements of Section 1003,
including emergency escape and rescue openings, as required by Section 1029, in napping or
sleeping rooms; and(4) fire extinguisher requirements as described in the IFC."
(15) Chapter 2, (Definitions) of the IFC, Section 202 (General definitions) Occupancy Class,
IBG]Residential Group R-3, Lodging houses (transient) with five or fewer guestrooms and 10
or fewer occupants, is revised to add at the end of the sentence: "with no provisions for cooking
or warming food in the guest rooms."
(16) Chapter 3, (General requirements) of the IFC,Section 307.2 (Permit required)is revised to
read: "Approval. The fire chief may allow a fire for recognized silvicultural or range or wildlife
management practices, prevention, or control of disease or pests, or a bonfire. An application,
as required by the fire chief, must be presented by the owner of the land upon which the fire is
to be kindled before kindling that fire."
(17) Chapter 3, (General requirements)of the IFC,Section 308.1.1 (Where prohibited)is revised
by adding a new sentence at the end to read: "No person shall release or cause to be released
any unmanned free-floating devices on land, in the air, or on water; containing an open flame
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
or other heat source, including sky lanterns."
(18) Chapter 3, (General requirements) of the IFC, Section 308.3 (Group A occupancies) is
revised to read: "308.3 Group A occupancies. The use of open flame in connection with a public
meeting or gathering for the purposes of deliberation, worship, entertainment, amusement,
instruction, education, recreation, awaiting transportation, or similar purposes in assembly or
educational occupancies must be done in consultation with the fire department."
(19) Chapter 3, (General requirements) of the IFC, Section 311 (Vacant Premises) is revised by
deleting Section 311.5 (Placards);
(20) Chapter 4, (Emergency planning and preparedness) of the IFC, Section 401 (General) is
revised by adding a new section to read: "401.3.4 False alarm charges. The owner of a building
containing a fire alarm or fire protection systems shall pay a charge in accordance with SCC
9.15.150 for false alarms to which the fire department responds. As used in this Section, "false
alarm"means an alarm signal generated by a fire alarm system reporting an alarm for which
no fire or emergency actually exists, and includes system malfunctions, faulty operation of
detectors, and false alarms not classified above. It does not include incidents where the detector
or system operated as designed, such as but not limited to, a smoke detector sounding from
someone smoking under the detector or a manual pull station being pulled':
(21) Chapter 4, (Emergency planning and preparedness) of the IFC, Section 403.4 (Group E
occupancies) is revised by adding a new section "403.4.4 False Alarms to read: `False alarms
may not be counted as a fire drill for the purpose of this section'."
(22) Chapter 4, (Emergency planning and preparedness) of the IFC,Section 403.9.2.1 (College
and university buildings) is revised by adding a new section "403.9.2.1.3 False Alarms to read:
`False alarms may not be counted as a fire drill for the purpose of this section."
(23) Chapter 4, (Emergency planning and preparedness) of the IFC,Section 405.3 (Frequency)
is revised by adding a second sentence at the end of the section to read: "False alarms may not
be counted as a fire drill for the purpose of this section."
(24) Chapter 4, (Emergency planning and preparedness) of the IFC, Section 407.1 (General)
is revised to read: "407.1 General. The provisions of Sections 407.2 through 407.7 shall be
applicable, in the discretion of the fire chief"
(25) Chapter 5, (Fire service features) of the IFC, Section 501.3 (Construction documents) of
the IFC, is revised by adding a second paragraph to read: "The fire chief may require fire
apparatus access roads, premises identification, key boxes, fire protection water supplies, fire
protection and utility equipment identification and access, and emergency responder radio
coverage in accordance with this chapter. Documentation shall be provided indicating that the
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
fire chief has been involved in discussion regarding fire apparatus access roads, premises
identification, key boxes, fire protection water supplies, fire protection and utility equipment
identification and access, and emergency responder radio coverage.".
(26) Chapter 5 (Fire service features) of the IFC, Section 507 (Fire protection water supplies)
of the IFC, amend Section 507.1 by adding the following exceptions:
"Exception: In areas of the City not served by a water utility the following structures do not
require a water supply:
1. Detached one-and two-family dwellings regulated by the International Residential Code and
protected throughout by an approved automatic fire sprinkler system;
2. Structures accessory to detached one- and two-family dwellings and regulated by the
International Residential Code having 3,000 square feet or less gross floor area;
3. Structures classified as a Group U occupancy in accordance with the International Building
Code having 3,000 square feet or less gross floor area;
4. Structures classified as a Group U occupancy in accordance with the International Building
Code in excess of 3,000 square feet of gross floor area and protected throughout by an approved
automatic fire sprinkler system;
5. Buildings protected throughout by an approved automatic fire sprinkler system and
constructed of Type I-A or I-B construction in accordance with the International Building
Code;
6. Buildings protected throughout by an approved automatic fire sprinkler system and
constructed of Type II-A construction when Type II-B construction is allowed based on
occupancy classification, allowable height and allowable area in accordance with the
International Building Code;
7. Buildings protected throughout by an approved automatic fire sprinkler system and
constructed of Type III-A construction when Type III-B construction is allowed based on
occupancy classification, allowable height and allowable area in accordance with the
International Building Code; and
8. Buildings protected throughout by an approved automatic fire sprinkler system and
constructed of Type V-A construction when Type V-B construction is allowed based on
occupancy classification, allowable height and allowable area in accordance with the
International Building Code."
(27) Chapter 5, (Fire service features) of the IFC, Section 507.5.1, (Where required) is revised
to read: "507.5.1 Where required. Where a portion of the facility or building hereafter
constructed or moved into or within the City is more than 250 feet(76.20 meters)from a hydrant
on a fire apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required by the
building official or fire chief" This section is further revised by deleting Exceptions 1 and 2.
(28) Chapter 5, (Fire service features) of the IFC, Section 507.5.2 (Inspection, testing and
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
maintenance) is revised to add to the last line; "in accordance with NFPA 291."
(29) Chapter 6 (Building Services and Systems) of the IFC, Section 606.3.3.2 (Grease
accumulation) is revised to read: "606.3.3.2 Grease accumulation. If during the inspection it is
found that hoods. grease-removal devices, fans, ducts or other appurtenances have an
accumulation of grease, those components shall be cleaned in accordance with NFPA 96 or
ANSUIKECA C1O for cleaning only.
(30) Chapter 9, (Fire protection and life safety systems) of the IFC,Section 901.2 (Construction
documents) is revised by adding a new sentence at the end to read: "A copy of the completed
fire system construction documents shall be kept safe and secured near the riser for the life of
the system and available for inspection."
(31) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.4 (Installation)
is revised by adding an exception to read: "Exception: Buildings temporarily closed due to
seasonal operations may have their fire systems deactivated under the following conditions:
1. The building is unoccupied;
2. The building is properly secured;
3. All utilities are disconnected and drained;
4. The fire systems are certified as operational before the building is reoccupied;
5. A 24-hour-a-day fire watch is provided during the interim between when utilities are
reactivated, and the fire systems are certified as operational;
6. The fire chief or building official is notified in writing of the closure; and
7. A letter from the insurance carrier, or the owner if self-insured, indicating knowledge of the
closure is provided to the fire chief or building official."
(32) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.5 (Installation
acceptance testing) is revised to read: "901.5 Installation acceptance testing. Fire detection and
alarm systems, fire-extinguishing systems, fire standpipes systems, and other fire protection
systems and appurtenances to those systems must meet the approval of the authority having
jurisdiction as to installation and location, and are subject to the acceptance test required by the
standard in IFC Table 901.6.1 for the system or appurtenance. Within 30 days after the
completion of the installation, a copy of the acceptance test certificate must be forwarded by the
firm conducting the test to the deferred authority having jurisdiction. Fire hydrant systems, fire
pump systems, and private fire service mains installed as a requirement by the fire chief are
subject to the acceptance tests as contained in the installation standards and as approved by the
fire chief The fire chief must be notified before any required testing, and all results of the tests
must be conveyed to the fire chief within 30 days."
(33) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.6(Inspection,
testing and maintenance) is revised by adding a second paragraph to read: "Superseding other
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
code or standard requirements established by this section, fire protection systems and fire
extinguishers must be inspected, tested, and serviced as follows:
1. Annually;
Exception:Standpipe systems must be inspected, tested, and serviced every five years;
2. After any use or activation;
3. Any time damage is found;
4. After repair or alteration;
5. When required by the fire chief or building official; and
6. After a seasonal shutdown.
Reports of inspections and tests must be maintained on the premises, and within 30 days after
the inspection or test being completed, a copy of the test report must be forwarded by the person
conducting the inspection or test to the fire chief or building official. The annual fire
extinguisher testing may be performed by any person who has a valid permit in accordance with
13 AAC 50.030(d)."
(34) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 901.7(Systems out
of service) of the IFC, the first sentence is revised to read: "Where a required fire protection
system is out of service for more than eight hours in a 24-hour period, an impairment plan shall
be submitted to the fire chief immediately. Where required by the fire chief, the building shall
either be evacuated, or an approved fire watch shall be provided for all occupants left
unprotected by the shutdown until the fire protection system has been returned to service. A
daily fire watch log will be submitted to the fire chief for each 24-hour period."
(35) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.2.3 (Group E)
is revised to read: "903.2.3 Group E. An automatic sprinkler system must be provided
throughout all buildings with Group E occupancies. The use of a fire wall or barrier does not
establish a separate building or fire area for purposes of this section. As determined by the fire
chief or building official an automatic fire-extinguishing system approved under Section 904
shall be installed in a Group E occupancy in accordance with Section 903.2.3, whenever
alterations or additions are made to an existing structure containing a Group E occupancy
Exception: Buildings with Group E occupancies having an occupant load of 50 or less.
An automatic sprinkler system must also be provided for every portion of educational buildings
below the level of exit discharge.
Family childcare homes that are licensed to care for more than five persons between the hours
of 10:00 p.m. and 6:00 a.m. must be equipped with an automatic sprinkler system designed and
installed as described in Section 903.3.1.3 or an equivalent system approved by the fire chief or
building official."
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
(36) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.2.8 through
903.2.8.3 is revised to read: "903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout buildings containing Group R
occupancies as provided in this section.
903.2.8.1 Group R-1. An automatic sprinkler system shall be provided throughout all buildings
that contain an R-1 occupancy.
903.2.8.2 Group R-2. An automatic sprinkler system shall be provided throughout all buildings
that contain an R-2 occupancy.
Exceptions:
1. Buildings that are no more than two stories in height, including basements and contain four
or fewer dwelling units.
2. Buildings that are no more than two stories in height, including basements and contain 16
or fewer sleeping rooms.
For the purpose of this section, fire walls may be used to create up to three separate attached
buildings. Any additional buildings must be physically separated in accordance with
International Building Code (IBC) Table 602, as adopted by reference in 13 AAC 50.020.
903.2.8.3 Group R-4. A 13R automatic sprinkler system shall be provided throughout all
buildings that contain an R-4 occupancy."
(37) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.3.6 (Hose
threads) is revised by deleting "the fire code official"and replacing it with "AS 18.70.084"
(38) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.5 (Testing and
maintenance) is revised by adding a new Section 903.5.1 to read: "903.5.1 Camp relocations.
On each portable or relocatable camp move, a plumber certified under AS 18.62 may disconnect
and reconnect the fire suppression system. The camp must be certified by an appropriate fire
suppression permit holder under AS 18.70.090 and 13 AAC 50.035 to provide documentation
that the system has been placed back in service and is ready for operation. Fire suppression
system certification documentation is to be retained on site and available for review upon
request. Annual requirements are still required by this code as adopted by reference in 13 AAC
50.025."
(39) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903 (Automatic
Sprinkler Systems) is revised by adding a new Section 903.3.9 to read: "903.3.9 Seismic Design.
Fire sprinkler systems shall have a minimum simplified seismic factor seismic design coefficient
Cp of 0.72 or greater as by NFPA 13."
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
(40) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 903.4 (Sprinkler
system supervision and alarms) is revised by amending exception number 1 by adding the
following to the end of the sentence: "not used as an assisted living or custodial care facility."
(41) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 904.1 (General) is
revised by adding a new sentence at the end of the paragraph to read: "Within 30 days after the
completion of the installation, a copy of the acceptance test certificate must be forwarded by the
firm conducting the test to the authority having jurisdiction.
(42) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 904.13.5.2
(Extinguishing system service) is revised by replacing "not less frequently than every six
months"with "annually':
(43) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 906.1 (Where
required) is revised by deleting the exception in item 1.
(44) Chapter 9, (Fire Protection and life safety systems) of the IFC, Section 907.2.3 (Group E)
Exception 1 is revised by replacing "50" with "49".
(45) Chapter 9, (Fire Protection and life safety systems of the IFC,Section 907.2.11.2 (Groups
E, R-2, R-3, R-4, and I-11 is revised by adding a reference in the section heading to Group E, as
indicated, and adding a second paragraph to read: "Rooms used for sleeping or napping
purposes within a daycare use of a Group E occupancy must be provided with smoke alarms
that comply with this section.
(46) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.2.11.5
(Interconnection)is revised by adding a new paragraph to read: "If more than 12 smoke alarms
are interconnected the interconnecting means must be supervised in accordance with NFPA
72."
(47) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.7.2 (Record of
completion) is revised by adding a second paragraph to read: "Within 30 days after the
completion of the installation, a copy of the acceptance test certificate verifying completion in
accordance with NFPA 72 must be forwarded by the firm conducting the test to the authority
having jurisdiction."
(48) Chapter 9, (Fire protection and life safety systems) of the IFC, Section 907.8 (Inspection,
testing and maintenance) is revised by adding a new Section 907.8.6 to read: "907.8.6 Camp
relocations. On each portable or relocatable camp move, an electrician certified under AS 18.62
may disconnect and reconnect the fire alarm system. The camp must be certified by an
appropriate fire system permit holder under AS 18.70.090 and 13 AAC 50.035 to provide
documentation that the system has been placed back in service and is ready for operation.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
System certification documentation is to be retained on site and available for review upon
request. Annual requirements are still required under this code as adopted by reference in 13
AAC 50.025."
(49) Chapter 9, (Fire protection and life safety systems) of the IFC,Section 909.18(Acceptance
testing) is revised by adding a new sentence at the end of the paragraph to read: "Within 30
days after the completion of the installation, a copy of the smoke control system acceptance
testing certificate must be forwarded by the firm conducting the test to the authority having
jurisdiction.':
(50) Chapter 10, (Means of egress) of the IFC, Section 1001.1 (General) last sentence of the
paragraph is revised by adding at the end "as governed by the provisions of AS 18.70.080"
(51) Chapter 10, (Means of egress) of the IFC, Section 1009.2 (Continuity and components) is
revised by adding a new Section 1009.2.2, Minimizing Snow and Ice Accumulation, to read:In
all occupancies, surfaces and landings which are part of the exterior egress to include stairs,
ramps, or balconies shall be designed to minimize the accumulation of snow or ice."
(52) Chapter 10, (Means of egress) of the IFC, Table 1020.2 (Corridor fire-resistance rating)
is revised by inserting a superscript "e" footnote reference after "R" in the "occupancy"
column and is revised by adding footnote "e" to read: "R occupancies with an occupant load
greater than 10 shall have one-hour rated corridors when the R occupancies are allowed to not
have a sprinkler system and
1. serve four or fewer dwelling units or 16 or fewer sleeping rooms; and
2. are less than three stories in height.";
(53) Chapter 10, Section 1031.2 (Where required) of the IFC, is revised by replacing the first
sentence to read: "In addition to the means of egress required by this chapter provisions shall
be made for emergency escape and rescue openings in Group R and I-1 occupancies."
(54) Chapter 10, (Means of egress) of the IFC, Section 1031.2 (Where required) is revised by
deleting Exceptions 1 & 3.
(55) Chapter 11, (Construction requirements for existing building) of the IFC, Section 1103
(Fire safety requirements for existing building) is revised to add Section 11.03.11 to read:
"11.03.11 Monitoring. Monitoring shall be provided for all existing occupancies with fire
sprinkler or fire alarm systems. Fire sprinkler system monitoring shall comply with Sections
903.4 and 903.4.1. Fire alarm monitoring shall comply with Section 907.6.6."
(56) Chapter 20, (Aviation Facilities) of the IFC, Section 2006.3 (Construction of aircraft-
fueling vehicles and accessories) of the IFC, is revised by adding an exception to read:
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
"Exception:A vehicle or trailer tank with a capacity of 250 gallons or less may be used for non-
commercial refueling of private non-commercial aircraft if the following requirements are met:
1. The tank is placarded with no smoking signs, the type of fuel contained in the tank, and the
tank capacity;
2. The tank and all appurtenances used in the fueling operation are listed and approved for the
pecific purpose; and
3. Electrical bonding is provided as required under Section 2006.3.7."
f57) Chapter 23, (Motor fuel-dispensing facilities and repair garages) of the IFC, Section
2311.2.3 (Drainage and disposal of liquids and oil-soaked waste)is revised by adding a sentence
at the end of the paragraph to read: "Where oil separators or traps are provided, neither the oil
nor water phase may drain to septic systems, dry wells, or other means of underground
discharge."
(58) Chapter 50, (Hazardous materials-general provisions) of the IFC,Section 5001.6(Facility
closure) is revised by adding new sentences at the end of the paragraph to read: "The fire chief
may require the documentation of the closure plans for the termination of the storage, use, or
handling of hazardous materials at least 30 days before the termination. The fire chief is
authorized to require that the documentation include an approved facility closure plan in
accordance with Section 5001.6.3. The fire chief may require the submission of the Hazardous
Materials Management Plan and Hazardous Materials Inventory Statement indicated in
Sections 5001.5.1 and 5001.5.2."
(59) Chapter 56, (Explosives) of the IFC, Section 5601.1 (Scope) is revised to insert "and
AS 18.72"after "The provisions of this chapter".
(60) Chapter 56, (Explosives) of the IFC, Section 5601.1.1, (Explosive material standard) is
revised to read: "In addition to the requirements of this chapter, Seward City Code Chapter
9.15, Article 3 and NFPA 495 shall govern the manufacture, transportation, storage, sale,
handling and use of explosive materials."
(61) Chapter 56, (Explosives) of the IFC, Section 5608 (Fireworks Display) 5608.2 (Permit
application) is revised to add: "Fireworks Display Permit application must be submitted to the
City of Seward to include a site and safety plan, production schedule, copy of the operator's
State of Alaska Permit, and certificate of insurance prior to approval by the fire code official."
(62) Chapter 56, (Explosives) of the IFC, Section 5608.6 (Installation of mortars) is revised by
adding a new Section 5608.6.1 to read: "5608.6.1 Mortar construction. Mortars must be
constructed of paper, high density plastic pipe, or metal other than cast iron."
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
(63) Chapter 57, (Flammable and noncombustible liquids) of the IFC, Section 5704.3.5
(Storage in control areas) is revised by deleting Section 5704.3.5.1 (Basement storage).
(64) Chapter 57, (Flammable and noncombustible liquids) of the IFC, Section 5706.3 (Well
drilling and operating) is revised by adding a second sentence to read: "This section does not
apply to offshore oil platforms."
(65) Chapter 58, (Flammable gases and flammable cryogenic fluids) of the IFC, Section 5801
(General) is revised by adding a new Section 5801.3 to read: "5801.3 Plan review. Where a
single container is over 500 gallon (1,892.7 L) water capacity or the aggregate capacity of
containers is over 500 gallon (1,892.7 L) water capacity, the installer shall submit plans for
review before installation in accordance with 13 AAC 50.027."
(66) Chapter 80(Referenced Standards)of the IFC,is revised to amend the Reference Standards
as follows:
"Add NFPA 291-19 Recommended Practice for Fire Flow Testing...Ref 507.5.2."
(67) Appendix B, (Fire-Flow requirements for buildings) of the IFC, Section B105.1 (One-and
two-family dwellings Group R-3 and R-4 buildings and townhouses) is revised by adding the
following exception: "Exception: Buildings protected throughout with an approved automatic
fire sprinkler system"
(68)Appendices, the appendices of the IFC are amended by adding Appendix KK to read:
"APPENDIX KK
FIRE STATUS REPORTING
KK101 Scope. All fire alarm and protection service companies providing services in the City of
Seward shall provide a legible copy of all fire system service reports to the City as adopted and
amended in the IFC 2021 Edition as listed in this appendix.
Exception:Industrial occupancies with a fire system preventive maintenance program approved
by the division of fire and life safety. This appendix contains contact information.
KK102 Status 1. Systems out of service or major deficiencies. The fire service company shall
immediately contact the Fire Chief if the system cannot be returned to service. On a weekend or
after hours, contact, Seward Dispatch at: 907-224-3338 and request the on-call fire officer be
contacted. Written notification shall be sent by facsimile transmission or email to the Fire Chief
within 24 hours from the time the system first could not be returned to service.
KK102.1 Corrective action time. Status 1 systems shall be repaired immediately, and a Fire
Watch implemented prior to any occupation of the building.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
KK102.1.1 For example but not limited to
KK102.1.1.1 Fire sprinkler or water-based systems:
1. Non-working flow/pressure switches.
2. Damage to fire department connections.
3. No water to system.
4. Frozen or otherwise damaged system.
KK102.1.1.2 Fire pumps:
1. Non-working fire pumps.
2. Fire pump controls not working or malfunctioning.
KK102.1.1.3 Fire alarm systems (detection and alarm):
1. Non-working fire alarm panel.
2. Malfunctioning fire alarm panel.
3. Audio and visual devices not working entire loop.
4. Detection not working entire detection loop.
5. Loss of programming.
KK102.1.1.4 Kitchen hood fire systems:
1. System cylinder is not charged or leaking.
2. Appliance not properly covered due to rearrangement of appliances.
3. Plugged discharge nozzles.
4. Automatic detection not functional.
5. Gas or electric not shutting down.
KK102.1.1.5 Clean agent or special hazard system:
1. System cylinder is not charged or leaking.
2. Releasing panel not functional.
KK103 Status 2. Critical deficiencies. If systems have critical deficiency reports, the critical
deficiency reports shall be provided to the Fire Chief within 14 days from the date of initial
receipt of the critical deficiency report.
KK103.1 Corrective action time. Status 2 systems shall be repaired within 14 days.
KK103.1.1 For example but not limited to
KK103.1.1.1 Fire sprinkler or water-based system:
1. Five or more painted sprinkler heads in a concentrated area or more than 10 in a facility.
2. Change of use that will affect the performance of the sprinkler system.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
3. Low water pressure.
4. No monitoring on required systems.
5. Any other major problem that will affect the performance.
KK103.1.1.2 Fire pumps:
1. Low fuel
2. Pump packing leaking beyond specifications.
3. Fire pump room below 40 degrees.
4. Fire pump not meeting its rated discharge pressure or GPM flow over a 10 percent difference.
5. Any other major problem that will affect the performance.
KK103.1.1.3 Fire alarm systems (detection and alarm):
1. Batteries overdue for replacement.
2. No monitoring on required system.
3. Audio and visual devices not working- up to three devices, over three devices Status 1.
4. Detection not working-up to three devices, over three devices Status 1.
5. Any other major problem that will affect the performance.
KK103.1.1.4 Kitchen hood fire systems:
1. Hood and ducts with heavy grease buildup.
2. Any other major problems that will affect the performance.
KK104 Status 3. Minor deficiencies. Minor deficiency reports shall be provided to the authority
having jurisdiction or closest state division of fire and life safety office within 30 days. These
deficiencies will not affect the performance of the system.
KK104.1 Corrective action time. Status 3 systems shall be repaired within 30 days.
KK105 Status 4. No deficiencies. Systems with no deficiencies shall be reported to the authority
having jurisdiction or closest state division of fire and life safety office within 30 days.
KK106 Information to be provided. System service reports shall have the following information
as follows:
1. The inspection company name shall be printed on all reports with the company's address and
telephone number.
2. The inspector's first and last name shall be printed with the permit number of the inspector's
fire systems permit required under AS 18.70.090 and 13 AAC 50.035.
3. The inspector's office telephone number shall be printed, and the inspector's cellular
telephone number, if available, shall also be printed.
4. Deficiencies shall be typed or written and shall be printed text. No cursive or longhand
handwriting is acceptable. Typed reports shall use at least 10-point font and handwritten reports
shall use at least 3/8 inch spacing between lines.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
5. All reports shall have the building name, occupancy inspected, and address clearly identified
on the first page, and all subsequent pages shall have the building name and date of inspection
on the top of the page.
6. All reports shall have the building contact person's name with telephone number on the front
page.
7. Only white and yellow copies will be accepted by the City of Seward for reports submitted.
8. Deficiency write ups must include the code provision being violated and a description of the
problem.
9. All reports must include the Status Number on the first page of the report.
10. All Corrective Actions Reports shall be sent within 30 days of work completion.
All system service reports shall be sent to:
Seward Fire Department
Po Box 167, Seward,AK 99664;
Phone 907-224-3445, Fax 907-224-8633,
Email:sewardfd(a cityofseward.net
Systems out of service and those with major deficiencies shall have a report faxed or emailed to
the Seward Fire Department and mailed immediately within one day to the address listed in this
appendix. 111
9.15.112 - International Fire Code—Enforcement, appeals.
A. kW-Any person aggrieved by an administrative officer's interpretation and enforcement of the
International Fire Code may appeal the administrative ruling to the city council if such appeal is
filed within ten calendar days of notification of the administrative ruling being appealed.
B. kb)-Appeals shall be in writing, filed with the city clerk and shall contain the appellant's name
and address, a description of the administrative ruling being appealed, the reason why the ruling
is grievous to the appellant, and any documents the appellant wishes the council to consider.
C. (e)-Upon receipt of the written appeal, the clerk shall schedule the matter for public hearing at
a regular city council meeting, to be held within thirty calendar days of receipt of the appeal. The
clerk shall notify the appellant in writing of the public hearing date.
D. kd}The clerk shall provide copies of the appeal to the administrative official whose ruling is
being appealed. The administrative official shall prepare a written report of the events which
preceded the appellant's filing, including a recitation of the code provision or regulation and the
ruling being appealed. The administrative official shall attach to his report copies of all
applications, denials, correspondence or other writings relating to the matter being appealed. The
clerk shall provide council with copies of the administrative report and the appellant's filing prior
to the public hearing.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
E. (e)-It is the burden of the appellant to submit such evidence, including engineering and other
technical studies, in support of his appeal, as may be necessary to enable the council to reach a
decision. Upon a showing of good cause, the council may continue the hearing for presentation of
such information;provided,however, that the council shall render a decision of the appeal within
40 calendar days of its filing.
F. (1)-The council shall either affirm or reverse the administrative official's ruling, in whole or in
part. The council may vote to reverse, in whole or in part, only if it finds the appellant has proven
the following:
(1)The relief sought will not result in a violation of any applicable federal or state regulation;
(2)The relief sought is in harmony with established city codes,policies and procedures;
(3)The relief sought will not significantly increase the risk of loss of life or property on the subject
property or on adjacent properties; and
(4) Public services and fire protection are not impaired and are adequate to meet any new
requirements resulting from granting the relief sought, and it will not significantly increase the
cost of operations of public service and fire protection agencies. A decision may be made subject
to the appellant's compliance with terms and conditions deemed necessary by the council.
G. (g)-In rendering its decision, the council shall issue written findings of fact and conclusions of
law. The council's decision shall be final. The appellant may appeal the decision to the superior
court if such appeal is filed within 30 days of the decision.
H. (h)-The city clerk shall provide the appellant written notification of council's decision within
ten days of the decision.
9.15.120- Fire hazards—Right of entry for purposes of inspection.
The fire chief,or his appointed representative, shall be permitted access to any building or area for
purposes of inspecting the same for fire hazards and conditions pertaining to safety and welfare of
the city, at any reasonable hour of the day.
9.15.125- Fire hazards—Reports.
If upon inspection a building or area is found to harbor or constitute a fire safety hazard,the person
making the inspection shall prepare a written report specifying such hazards and conditions. The
report shall contain the name of the inspector and the date and hour that the inspection was made.
A copy of the report shall remain in the fire department files, and a copy shall be personally
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
delivered or mailed via certified mail or entailed to the owner or agent and to any occupant of the
premises.
9.15.130-Fire hazards—Time limit for correction.
When any fire inspection has been made, the chief of the department shall specify a certain time
and date that all hazardous and unsafe conditions, if found, shall be corrected. The owner of any
building or area shall be notified of the date and time that conditions must be corrected. This
information shall be stated on the inspection report specified in section 9.15.125. It shall be the
responsibility of the fire chief to further inspect the premises on the date specified and if the
hazardous or unsafe condition has not been corrected he shall issue a violation citation without
further delay.
9.15.135-Applicability of building code fire requirement.
All buildings erected within the city shall conform to the building code in all matters pertaining to
fire prevention and any building remodeled or rehabilitated shall meet the same specifications(see
§§ 12.05.010 and 12.05.015).
9.15.140-Building partly destroyed or damaged.
Any building which has been damaged by fire, natural or man-made or-other disaster, weather-
related event, or that is otherwise structurally compromised shall be immediately boarded up or
fenced around so that the public cannot have access to the same. If any building has been over 50
percent damaged, the fire chief shall notify the owner that the building is to be demolished and
shall specify the date that work is to be completed. When any building is demolished the area is to
be cleared of all debris and if the building was constructed over a basement the same shall be filled
in, unless the owner plans on constructing a new building over the basement, in which case a
building permit must be secured immediately from the city building department.
9.15.145- Burning permits.
Under certain conditions the fire chief may issue a burning permit. When a permit is requested the
fire chief or designee shall make a thorough inspection of the immediate area and shall determine
whether or not, in his opinion, it is safe to allow burning in the area. The permit, if issued, shall be
for a specific date and time. The city, or the fire chief, shall be saved harmless and free from all
liabilities, claims, demands, suits,judgments and actions of any nature whatsoever arising out of
issuing the burning permit.
9.15.150 - False alarm.
A. (-a -No person shall cause, permit, make, or give a false alarm that a fire or other incident
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
dangerous to life or property, that would require emergency response, has occurred or is about to
occur.
B. (b)-A false alarm for a building alarm system shall be defined as an alarm generated when no
fire or emergency exists; it includes system malfunctions, faulty operation of detectors, and
intentional activations of an alarm system(malicious mischief). It does not include incidents where
the alarm system operated as designed but was activated accidentally or with good intent.
C. (e)-The owner of a building that contains a building alarm system shall pay to the city a charge
for each false alarm responded to by the fire department. The amount of the charge shall be set in
a schedule adopted by council resolution. The payment shall be due within 30 days of the billing
date by the city,as printed on the invoice.The bill shall be considered late when the building owner
fails to make payment within 30 days of the invoice date. Failure to make timely payment will
subject the building owner to a late payment charge set by resolution. Interest at a rate set by
resolution shall also accrue on the account beginning 30 days from the date of the invoice until
paid in full. If the building owner fails to pay the charges in the manner provided by the city, the
city may seek payment by any lawful means.
D. (d)-The fire chief or his/her designee,may delay the imposition of the false alarm charge by an
agreement in writing if the owner of the building is working diligently with the fire department to
correct the cause of the problem with the system and such corrective action is diligently pursued
until the problem is corrected. Reasons supporting such a delay may include the unavailability of
a licensed technician or waiting on parts for repair. The chief must submit to the city manager the
reasons for granting the delay, the written agreement, and the time frame it will be in effect. The
city may reinstate the charges if the building owner fails to complete the correction within the time
frame established by the written agreement.
E.{*The charge imposed by this section shall not apply to buildings occupied by a local, state,
or federal governmental entity if (1) the governmental entity provides on-site building
maintenance, management, or security personnel, 24 hours a day, seven days a week, who have
the ability and authority to confirm a false alarm, and(2)the governmental entity provides the city
an on-site, 24 hour a day, telephone contact number that is immediately answered by such
personnel.
Article 2. -Volunteer Fire Department*
* Footnote: See Sec. 2.25.050 and Sec. 2.25.055 as to fire department creation,powers and duties.
9A5,210 Vo eer-€rre departments:' t
> >
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
eftraining—future- elunteer--department members. All members ef-the volunteer—fire
appointed officers.
.'- --Offieers— ties and-respons+ ies
> >
articcle. The chief shall:
and filed r itl, tire. itry clerk it nd citizen r
(3) Prep.,re r orts arrrl m ntairr r orals as reg reel.
make r of it to the best advantage of all m mbers.
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(7) Make effort to attend all fire nd direct tyre off n nd S mbers ireIl the Illy.
1
1
7
the-eas et
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
other duties a „d b the fire chief
(c) Assistant chief
f
9A-542-0 ords te-be-maintained.
(2) City m „ste,a in the ire hall showing location of all f:re hydra„ts.
(3) Flow test and ..as of fire hydrants if available.
(4) Attendance . rds „f those attending meetings and training
(6) Deports of fire loss.
9.15.225 - Report of conditions of fire hydrants.
The fire chief or his representative shall report any fire hydrant which is not operating properly or
that has in any way caused the department trouble during a fire or drill. This report shall be filed
with the public works department for immediate attention and correction. The fire chief may
recommend, in writing, the installation of additional hydrants in any area that he deems has
inadequate facilities. This recommendation shall point out the specific area to be covered by the
installation and other information he believes should be considered.
9.15.230 - Fire reports.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
The fire chief shall prepare a written report, in duplicate, on each fire within the city. This report
shall include information as to location,time and date of alarm,extent of damage to building and/or
contents and the chiefs estimate of dollar damage suffered. The original of this report shall remain
in the department files and the duplicate „ ubmitt„d t„ the city ithin 48 hours
front-time-of-fife;
9���� r es to associ ions c.
ssociation shall b,, legitimate „ „ditures „f the fre department
�.
9.15.245 - Housing of fire equipment.
The fire equipment of the city shall be housed in the city fire hall at all times unless on call,practice
drills or other authorized purposes. The city fire hall shall be considered off limits to anyone other
than authorized personnel unless the fire chief or an attendant is in the building.
9.15.250 - Damaging, etc. fire apparatus.
It shall be unlawful for any person or group of persons to damage or attempt to damage in any
manner any piece of fire fighting equipment or apparatus belonging to the city.
9.15.255 - Maintenance of adequate equipment within city; service outside of city.
A. (a)-The fire fighting apparatus is the property of the residents of the city and is purchased and
maintained from general fund appropriations derived from general taxes and, therefore, is mainly
for the safety and protection of city residents. The fire chief shall be responsible for maintaining
adequate fire fighting equipment and manpower on call at all times to combat any fire within the
city.
B. {13}Residents outside the city may be given assistance by the department in case of fire or
disaster, but at no time will equipment or manpower be dispatched outside the city in any number
which will leave the city without adequate fire protection.
Article 3. - Explosives
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
9.15.310-Permits.
A. (a)-It shall be unlawful for any person to discharge, load,transport,handle use and/or store any
explosive within the city without first obtaining an appropriate permit from the ire
chief and,where applicable,from the U.S.Coast Guard captain of the port,as hereinafter provided;
nor shall any explosives be discharged on or loaded from any wharf, pier, dock or vessel within
the city without such permits. Any explosives authorized for such handling shall be immediately
removed from the wharf, pier or dock area unless a special authorization permit is obtained from
the eitma Lager fire chief and the captain of the port to defer such immediate removal. The eity
manager fire chief shall be authorized to issue any explosives handling permit upon such terms
and conditions as he/she may deem appropriate in the public interest.However,any person seeking
to obtain such permit, other than any bureau, department, agency or arm of the United States
government,or of the government of the state,the federal and state governments being considered
to be self insurers, shall pay a permit fee and furnish a bond or,in lieu thereof,evidence of liability
insurance, in the sums and manner hereinafter provided; and shall further be required to execute a
document of indemnity as hereinafter provided. Permits for discharge, loading, transport, handle
and short term use (up to 72 hours) shall not extend beyond 72 hours, and a permit fee as set by
resolution shall accompany each application, except as hereinabove provided. Permits for
permanent storage and for long term use (exceeding 72 hours) shall not extend over a year. All
requirements of the International Fire Code Chapter 33 are mandatory and a permit fee as set by
resolution shall accompany each application for storage except as hereinabove provided. Permits
may be specific as to location of discharge, loading, transport,handling,use and/or storage.
B. b)-When the Alaska Railroad engages in explosives handling activities,it shall not be required
to furnish bond or evidence of insurance coverage, nor be required to execute a document of
indemnity in favor of the city for any loss or damage resulting from such explosives handling.
Nevertheless,the Alaska Railroad shall coordinate such activities with the city,and the coast guard
captain of the port where applicable,by obtaining the aforementioned explosives handling permit
or permits. In addition, when the Alaska Railroad, as a common carrier, performs explosives
handling activities for third-party consignors or consignees,such clients or customers of the Alaska
Railroad shall be required to pay the aforementioned daily permit fee to the city for all explosives
handled in or transported through the city. However, no person shall be required to procure more
than one permit for any given shipment of explosives.
C. (e)-"Explosives," for the purpose of this code, shall be defined in the International Fire Code
Chapter 33. "Explosives," as used herein, shall include all "Class A" or dangerous explosives, as
outlined in 46 Code of Federal Regulations 146, and shall further include detonators and fuses.
"Explosives," as used in this article, shall not include inflammable, combustible or corrosive
liquids or solids, or compressed gases, poisons or radioactive or other hazardous materials not
covered in the description above.
D. (d)-Documentation of the following items must be presented to the fire chief for
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
issuance of a permit:
(1)A bond or a certificate of insurance as set out in § 9.15.315. The permit will be revoked if the
bond or insurance coverage is canceled;
(2)A schedule of loading,unloading, transporting, etc., of the explosives;
(3) Amount and type of explosives, blasting agents, etc., to be transported, loaded, discharged,
used or stored;
(4)Provide examples of the markings on the containers;
(5) Copy of ship's manifest and cargo stowage plan, if applicable. Vehicle traffic will need to
provide a copy of shipping documents and travel route;
(6) Copy of City of Seward terminal use permit, to be obtained from the harbor master's office, if
applicable;
(7)Contact person(s),phone numbers, address;
a Company name and contact person,phone number(s);
b Site personnel,name,phone number(s).
(8)A document of indemnity must be signed and notarized.
9.15.315 -Bond or insurance requirements; document of indemnity.
A. (a)-Before any explosive handling permit is issued by the city Huger fire chief to any
applicant other than a bureau, department, agency or arm of the United States government, or the
government of the state, the applicant shall furnish an indemnity bond in an amount and with
sureties deemed adequate by the fire chief, which bond shall become available for
the payment of any damage to public or private property and the payment of any personal injuries
resulting from such handling.
B. (b)-In lieu of the bond indicated in subsection(a) of this section, the applicant may furnish the
city with certificates of insurance, with stipulation thereon that the city will be given 15 days'
notice of intent to cancel, evidencing liability coverage in an amount deemed adequate by the eity
manager fire chief
(1) Certificate of insurance proving coverage not less than $1,000,000.00 against bodily injury
liability per individual, per accident, and against property damage liability, or as determined by
the City of Seward's risk manager. The applicable certificate of insurance shall clearly show that 111
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
the property damage liability coverage includes hazards from explosion, collapse and damage to
underground wires, conduits,pipes, fittings,mains, sewers or other similar property.
(2)Workmen's compensation insurance in accordance with the laws of the state,required whether
hazard is covered by bond or insurance.
C.(e)-In addition to compliance with the provisions of this section outlined above,an applicant for
an explosives handling permit shall be required to furnish the city with an executed document of
indemnity with adequate sureties saving the city harmless against any loss or damage. Including
attorney fees from accident,or injuries to persons or property arising out of the work for which the
permit is issued.
D. (d)-Any insurance required under this section shall include as additional insureds: the City of
Seward, and including all elected and appointed officials, all employee volunteers, all boards,
commissions, and/or authorities and their board members, employees and volunteers. This
coverage shall be primary to the additional insureds,and not contributing with any other insurance
or similar protection available to the additional insureds, whether said or other available coverage
be primary, contributing or excess.
E. (e}-All safety precautions as required by the International Fire Code and United States Coast
Guard will be documented and provided to the fire chief prior to the issuance of a
permit. Site inspections may be performed by the fire department.
F. (t-Permanent storage areas must comply with the requirements of International Fire Code
Chapter 33 and must have an annual inspection prior to the issuance of a permit.
9.15.320- Loading or discharging generally.
A. fa)-It shall be unlawful for any water carrier to tie up at any dock within the city carrying a
greater limit of explosives than from time to time authorized for the various docks within the city
by the U.S. Coast Guard Captain of the port.
B. (b)-It shall be the responsibility of the vessel master or agent to notify the coast guard captain
of the port in writing of explosives shipments entering or leaving via the port,and to secure a coast
guard permit to load or discharge explosives. A separate permit is required for both the loading
and discharge operations.Application for the permit,together with a manifest and a cargo stowage
plan, must be submitted to the coast guard captain of the port not less than seven working days
prior to the desired date of loading or unloading of the explosives, in order that arrangements can
be made to have a coast guard explosive handling supervisor on the scene at the proper time. The
captain of the port is to be notified at the Marine Safety Office in Anchorage, Alaska. Telephone
or telegraphic notice may be utilized in emergency circumstances requiring shorter notice;
however,written application must follow as soon as practicable thereafter. A separate permit must
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
be obtained from the City of Seward Fire Department.
C. (e)-All explosives loading,unloading and movement via railroad,truck or other land transport,
or loading or unloading of explosives on aircraft shall be accomplished in accordance with the
applicable provisions of this chapter,of the Interstate Commerce Commission explosives handling
regulations promulgated in 49 Code of Federal Regulations 71 through 78, and of other applicable
federal and state regulations.
9.15.330-Display of danger signals; supervision of explosives handling.
A. fa}-It shall be unlawful for any person to load or discharge any explosives into or from a vessel
in the port unless such actions are in compliance with the requirements of CFR Part 49, Section
176.176, no fire or welding operations or smoking shall be permitted on board such vessel;
provided, that in the case of steam vessels, fire may be allowed in the furnaces, but any such
explosives shall be discharged or loaded as far from the center of the fire boiler area as possible.
In the discretion of the captain of the port or his designee any of the foregoing provisions of this
section may be modified or suspended, or additional provisions devised and enforced.
B_f1In the absence of a coast guard explosives handling supervisor being assigned to the
explosives handling activity, a properly qualified watchman or supervisor supplied by the
permittee and approved by the eianager fire chief shall supervise the operation for safety
precautions and proper handling, and this service shall be maintained at the expense of the owners
of such explosives cargo, in order to safeguard the public.
C.fe3-Vehicles transporting explosive material shall be in compliance with the International Fire
Code Chapter 33 and Department of Transportation requirements. Vehicles transporting explosive
material shall display placards as required by the Department of Transportation. Vehicles
transporting the explosives shall be routed to avoid congested and heavily-populated areas. Prior
to transportation the routes of travel and times must be provided to the Fire Department, Police
Department, and Alaska State Troopers. Vehicles carrying explosives shall not be left unattended.
D. f d3-Areas where loading, discharge, handling are conducted from a vehicle must be clearly
identified and secure to prevent unauthorized personnel from entering the area. Areas where
explosives are in use must comply with the section of International Fire Code Chapter 33. All
access to areas for loading, discharge, handling and use shall be in compliance with International
Fire Code Chapter 33 Storage areas shall comply with International Fire Code Chapter 33.
9.15.335 -Blasting.
No person shall blast or carry on any blasting operations without first having obtained a permit
from the i fire chief. Before any such permit is issued, the applicants therefor shall
comply with the provisions of § 9.15.315 as to bonding or insurance, furnishing evidence of
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
workmen's compensation coverage and execution of the document of indemnity. In addition to the
above requirements, the eit -engineer fire chief, or his designee who is knowledgeable as to the
hazards and safety requirements of explosives handling,shall be provided a blasting operation plan
which will cover all aspects of the operation.This plan must be approved by the eity-engineer are
chief, or his designee, prior to any blasting operation being conducted. The are
chief, or his designee may be in attendance at the scene of operations while blasting is being
performed, and the applicant shall reimburse the city for the cost of providing such safety
inspection and supervision.
9.15.340-Explosive material storage.
Permanent storage of explosives shall only be in designated industrial areas and in compliance
with the International Fire Code Chapter 33. Permits for the storage site must be obtained from the
eity-managerts-offieefire chief, and all the requirements for these sites must be met prior to the
issuance of the permit. Permits shall be valid on a calendar year basis.
9.15.345- Safety precautions and practices.
In all explosives handling, all safety precautions prescribed by Underwriters Laboratories and
standard practices for the handling or explosives, detonators and fuses must be observed.
9.15.350- Petroleum and gas storage tanks.
A. (a)-Except as provided in subsections (b) and (c) herein, the construction, enlargement, or
relocation of above-ground storage tanks for bulk petroleum or gas is prohibited in the city.
B. (b)-Above-ground storage tanks for bulk petroleum or gas shall be allowed in the industrial (I)
district and institutional district(INS), provided that a permit is obtained from the fire chief.
C. (e)-Above-ground vehicle fuel dispensing tanks measuring 2,000 to 5,000 gallons in size shall
be allowed in the industrial(I)district,the auto commercial(AC)district and the institutional(INS)
district, provided that a permit is obtained from the fire chief. All above-ground vehicle fuel
dispensing tanks shall be installed in accordance with the International Fire Code and the criteria
established by the State Fire Marshal's office.
Chapter 9.20- Public Nuisances
9.20.010 -Defmitions; violations; administration.
A. (a)-"Public nuisances" shall include, but not be limited to, whatever is forbidden by any
provision of this chapter.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
I
B. fIt shall be unlawful for any person to commit, create or maintain any public nuisance
enumerated in § 9.20.015.
C. fe)-The city manager, fire chief, police chief or their designated representatives are hereby
authorized to enforce the provisions of this chapter.When used in this chapter"abatement official"
shall include these officials or their designated representatives.
9.20.015- Enumerated. *
* Footnote: See Sec. 7.10.216 as to noise restrictions in the small boat harbor; see Sec. 9.05.145
as to noisy animals; see Sec. 11.10.160 as to vehicle noise.
A. The following acts and conditions shall constitute a public nuisance:
(1) Whatever annoys, injures or endangers the safety, health, comfort or repose of the public;
offends public decency; interferes with, obstructs or renders dangerous any street, highway,
navigable lake or stream; or in any way renders the public insecure in life or property;
(2) Making or causing to be made any unnecessary or unusual noise which either annoys, injures
or endangers the comfort, repose, health of safety of the public, except as otherwise permitted in
this code, and any such noise within 150 feet of any hospital or other institution reserved for the
sick or any school, whenever the institution is posted calling for special attention against noise.
The police chief shall order the placing of such signs calling for special attention against noise he
deems necessary within 150 feet of any portion of the grounds and premises on which is located a
hospital, other institution reserved for the sick or a school;
> ;
Q(4)-Using, for the purpose of attracting the attention of the public, any radio, recording music
or sound amplifying device of any kind, the sound from which is cast directly upon a street, alley
or public place. This subsection should not apply to devices officially used by governmental units.
The city manager shall have the authority, on written application to him, to permit the broadcast
by use of sound amplifying devices under conditions prescribed by him;
((5)-Operating or using any pile driver,power shovel,pneumatic hammer or other apparatus the
use of which is attended by loud or unusual noise, in conducting any building operations between
the hours of 10:00 p.m. and 7:00 a.m., except by written permission of the city manager;
LZf6)--Operating any internal combustion engine, or noise-creating blower or power fan, unless
the noise made thereby is so muffled as not to cause annoyance to the public;
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f6)_(7)-Disposing of any refuse,garbage,manure,waste or other materials except at refuse disposal
sites which have been approved and are supervised by the state health officer, borough health
officer or city manager, and which are clearly marked for such purpose;
0J-83-Dumping, abandoning, throwing, scattering or transporting anything in such manner as to
cause the littering of any street, alley or public place,or of any private property not his own,or as
to cause the obstruction of any ditch, drain or gutter, except as permitted in refuse disposal sites
under subsection(7)of this section;
giL(9)-Knowingly or wantonly operating or causing to be operated any machine, device or
apparatus of any kind whatsoever within the corporate limits of the city between the hours of 10:00
a.m. and 12:00 midnight, the operation of which shall cause reasonably preventable electrical
interference in the operation of any radio or television receiving set or with radio or television
reception within the city, ,
2)_(10)-Any well, swimming pool or other dangerous excavation in the earth kept, maintained or
permitted in an uncovered, unprotected, unfenced or inadequately fenced or otherwise dangerous
or unsafe condition within the city;
(10) (1)Buildings which are unoccupied and open to ingress and egress and which should be
locked up,boarded up or otherwise secured from ingress or egress;
(11)(123-Unpainted buildings in a dry,rotten or warped condition;
(12) (13) Broken windows constituting hazardous conditions and inviting trespassers and
malicious mischief;
(13)(14}Overgrown vegetation causing detriment to neighboring properties or property values;
(14)(15)Dead trees, weeds or debris:
a Constituting unsightly appearance;
b Dangerous to public safety and welfare;
c Detrimental to nearby property or property values.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
Periedi
(15)( )-Attractive nuisances dangerous to children in the form of:
a Abandoned and broken equipment;
b Hazardous pools,ponds and excavations;
c Neglected machinery;
d Abandoned refrigerators;
e Abandoned automobiles or cabinets.
(16) (18)-Broken or discarded furniture and household equipment in yard areas for unreasonable
periods, seven days being prima facie evidence of an unreasonable period;
(17)(19)Clothes lines in front yard areas;
(18) (203-Garbage cans stored in front or side yards and visible from public streets;
(19) (21) Packing boxes and other debris stored in yards and visible from public streets for
unreasonable periods, seven days being prima facie evidence of an unreasonable period;
(20)(22)Neglect of premises:
a To spite neighbors;
b To influence zone changes;
c To cause detrimental effect upon nearby property or property values.
(21) (23) Property including but not limited to building exteriors which are maintained in such
condition as to become so defective, unsightly or in such condition of deterioration or disrepair
that the same causes appreciable diminution of the property values of surrounding property or is
materially detrimental to nearby properties and improvements. This includes but is not limited to
the keeping or disposing of or the scattering over the property or premises of any of the following:
a Lumber,junk, trash or debris;
b Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves,
refrigerators, freezers, cans or containers;
c Stagnant water or excavations;
d Any device,decoration,design,fence, structure, clothes line or vegetation which is unsightly by
reason of its condition or its inappropriate location.
(22)(343-Emitting or discarding any lint or other waste from any laundry or dry cleaning premises
or any kind whatsoever.
9.20.020 - Junked or abandoned vehicles.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
A. (a)-It shall be unlawful for any person to place(1)upon public property not set aside by law as
a refuse disposal,or(2)upon any private property,except licensed junk yards,any wrecked,junked
or abandoned vehicle.
B. ( It shall be unlawful for any owner, lessee, agent, tenant or occupant to allow or permit to
remain on any property owned or controlled by him, except licensed junk yards, any wrecked,
junked or abandoned vehicle.
C. (e)-Any violation of subsections (a) or (b) shall constitute a public nuisance. The costs of
abatement may be charged or assessed by the city council as provided by section 9.20.085(b)
against any or all of the following:
(1) The vehicle;
(2) The registered owner of the vehicle;
(3) Any person who has acquired the right to possession of the vehicle from or through the
registered owner;
(4)Any person in violation of subsection(a)or(b) of this section; and
(5) The owner, leasee, agent, tenant or person in control of the property where the vehicle was
situated at the time of the notice to abate.
D. (d)-As used in this section:
(1)The term "abandoned" includes any vehicle which at the time of the notice of abandonment is:
a Not licensed as a motor vehicle in compliance with the laws of this state;
b Cannot be operated as a motor vehicle in compliance with the laws of this state because of
mechanical failure.
(2) The term "vehicle" means any motor vehicle as defined in this code and includes any body or
part of any such motor vehicle.
E.(e}A person having upon his premises an abandoned vehicle which is in need only of reasonable
repairs and is without available funds to obtain the required license or to make such repairs may
apply to the city manager for a permit to keep the vehicle upon the premises.
9.20.025 -Emission of dense smoke. *
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
* Footnote: See Sec. 11.10.160 as to vehicle smoke emissions.
A. (a)-It shall be unlawful for any person, firm or corporation to permit the emission of any smoke
from any source whatever of a density equal to or greater than that density described as No. 2 on
the Ringlemann Chart. The emission of any such dense smoke is declared to be a public nuisance
and may be summarily abated by the abatement official. This section shall not apply to:
(1)The circumstance when a fire-box, furnace,boiler,locomotive or other fuel consuming device
is being cleaned out and a new fire is being built therein, in which event the smoke of a density
greater than that described on the Ringlemann Chart shall be permitted for a period of not to exceed
six minutes in any single period of 60 minutes;
(2) Smoke from fires set by or permitted by any official if such fire is set or permission given in
the performance of the official duties of such officer, and such fire in the opinion of such officer
is necessary:
a For the purpose of the prevention of a fire hazard which cannot be abated by any other means;
b The instruction of public employees in the methods of fire fighting.
B. (b)-Ringlemann Chart.
(1)The"Ringlemann Chart" is a chart which is described in the U.S. Bureau of Mines Information
Circular 6888,and on which are illustrated graduated shades of gray for use in estimating the light-
obscuring smoke density.
(2) The Ringlemann number is the number appearing on the Ringlemann Chart described by the
observer to the density of smoke emission.
(3) The use of the chart will be made by placing it at such distance from the observer so that the
smoke appears as even shades of coloring or when no white spaces between the lines are visible.
Measurements shall be taken at the point of greatest density, which will usually be at the point of
emission. Comparison of the smoke and observation with the various shades of the chart will then
indicate the density of the smoke. Observation distances shall not be less than 100 feet nor more
than one-quarter mile from the smoke observed.
(4) Where the density or opacity of the smoke as observed falls between two consecutive
Ringlemann numbers,the lower Ringlemann number shall be considered the density of the smoke
observed.
9.20.030 -Escape of soot, cinders, noxious acids, fumes and gas.
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ORDINANCE 2023-010
A. fa)-It shall be unlawful for any person to permit or cause the escape of such quantities of soot,
cinders,noxious acids, fumes and gases in such place, or manner as to:
(1) Be detrimental to any person or the public;
(2) Endanger the health, comfort and safety of any such person or of the public;
(3) Cause or have a tendency to cause injury or damage to property or business. The escape of
such matter is declared to be a public nuisance and may be summarily abated by the abatement
official.
B. (b -"Cinders," "dust," "fly ash," "noxious acids," "fumes" and "gases," as used in this section,
shall be considered to be all matter other than dense smoke, including smoke, cinders, dust and
soot formed as the result of the combustion of fuel which are carried in the gas streams so as to
reach the eternal air and which have not been completely consumed by the combustion process.
9.20.035-Summary abatement.
The abatement official may abate any public nuisance without notice in an emergency where the
public safety, comfort or repose is seriously annoyed, injured or endangered to the point where
immediate action is necessary and notice cannot be timely given.All other abatement proceedings,
except the necessity and the manner and method of giving notice shall apply to the nuisance
summarily abated, including the recovery of the costs of the summary abatement.
9.20.040- Commencement of proceedings.
Whenever the abatement official has inspected any activity, condition or property and has found
and determined that such activity, condition or property constitutes a public nuisance, he shall
commence proceedings to have the public nuisance abated by rehabilitation, demolition,repair or
other appropriate action. The procedures set forth herein shall not in any manner, however, limit
or restrict the city from enforcing city ordinances or abating public nuisances in any other manner
provided by law, or by the common law.
9.20.045-Notice and order of abatement—issuance; contents; service.
A. (-a3-Issuance; contents. The abatement official shall issue a notice and order direct to (1) the
record owners of the affected property, or(2) the person committing, creating or maintaining the
public nuisance. The notice and order shall contain:
(1)The street address and legal description sufficient for identification of the affected property;
(2)The statement that the abatement official has found the property affected with a public nuisance
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with a brief and concise description of the public nuisance as defined in this chapter;
(3)A statement of the action required to be taken as determined by the abatement official to abate
the public nuisance by rehabilitation, repair, demolition or other action sufficient to cause the
nuisance to be wholly abated;
(4)A statement advising that if any required abatement is not commenced or completed within the
time specified the abatement official may proceed to cause the necessary work to be done and
charge the cost thereof against the property or its owner;
(5) Statements advising:
a That any person having record title or legal interests in the property may appeal from the notice
and order of any action of the abatement official to the city council by filing with the city manager
within 15 days (unless such abatement will materially effect a building or structure permanently
attached to real property, in which case 30 days shall be allowed) from the date of service of such
notice and order an appeal in writing in accordance with the appeal procedure as provided in
section 9.20.065; and
b Failure to appeal will constitute a waiver of all right to administrative hearing and determination
of the order.
B. {b)-Service of notice and order. The notice and order and any amended or supplemental notice
and order shall be served upon the record owner and posted on the property affected by the public
nuisance, and one copy thereof shall be served on each of the following if known to the abatement
official or disclosed from official public records:
(1)The holder of any mortgage or deed of trust or other lien or encumbrance of record;
(2)The owner or holder of any lease of record;
(3)The owner of any other estate or legal interest of record in or to the property affected with the
public nuisance. The failure of the abatement official to serve any person required to be served
shall not invalidate any proceedings herein as any other person duly served or relieve any such
person from any duty or obligation imposed on him by the provisions of this chapter. No notice is
required for abatement of a public nuisance occurring on the public streets and rights-of-way, city
properties and parks or for summary abatement when permitted.
C. (0-Method of service. Service of the notice and order shall be made upon all persons entitled
thereto either personally or by mailing a copy of such notice and order by registered or certified
mail,postage prepaid, return receipt requested, to each such person at his address as it appears on
the last equalized assessment roll of the borough or as known to the abatement official. If no 111
CITY OF SEWARD,ALASKA
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address of any such person so appears or is known to the abatement official, any copies of notice
or order shall be so mailed addressed to such person, at the address of the property involved in
these proceedings. The failure of any such person to receive such notice shall not affect the validity
of any proceedings taken under this section. Service by certified or registered mail in the manner
herein provided shall be effective on the date of mailing.
D. (d)-Proof of service. Proof of service of the notice and order shall be certified to at the time of
the service by written declaration under penalty of perjury executed by the person effecting service,
declaring the time, date and manner in which service was made. The declaration, together with
any receipt card returned in acknowledgement of receipt by certified or registered mail shall be
affixed to the copy of the notice and order retained by the abatement official.
9.20.050-Notice and order of abatement—Recordation.
A. (a)-If compliance is not had with the order within the time specified therein, and no appeals are
properly and timely filed, the abatement official shall have filed in the office of the recording
district a certificate describing the property and certifying:
(1) That the property is affected by a public nuisance;
(2) That the owner has been so notified.
B. (b)-Whenever the public nuisance has been abated on a property described in the certificate,the
abatement official shall file a new certificate with the office of the Seward recording district,
certifying that the public nuisance has been abated.
9.20.055 - Notice and order of abatement—Posting.
A.(a)-Required. Every order of compliance shall,in addition to being served as provided in section
9.20.045(b),be posted in a conspicuous place upon the affected property.
B. (b) Removal. No person shall remove or deface any such notice after it is posted until the
required abatement has been completed. Any person violating this subsection shall be guilty of a
misdemeanor.
9.20.060-Means of abatement.
The abatement official (and the board of appeals, if an appeal is taken) shall order the means best
calculated to abate wholly the nuisance with the least costs of abatement, and demolition shall not
be ordered if repair or removal may accomplish the abatement.
9.20.065-Appeals.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
Any person entitled to service under section 9.20.045(b) may appeal from any notice and order or
any action of the abatement official concerning abatement of a public nuisance by filing at the
office of the city manager clerk within 30 thirty (30) days from the date of service of such order
—stances a notice of appeal. The notice shall specify all of the grounds for such appeal
with supporting documents attached:
A. The city clerk shall assign a date for the hearing with written notice sent to the appellant and
the city council.
B. Appeals shall be heard by the city council sitting as the board of adjustment. At the hearing,
all parties may be represented by counsel and may offer witnesses and exhibits. The burden of
proof rests with the appellant.
C. Within thirty (30) days following the conclusion of the hearing, the city council shall issue
written findings of the facts and conclusions of law, and clearly state the grounds upon which
the decision is based. The appellant may appeal a decision of the board of adjustment to the
superior court within thrity days, in accordance with the Rules of Appellant Procedure of the
State of Alaska.
D. During pendency of an appeal to the board of adjustment, the notice and order of abatement
and any abatement action shall be stayed. During pendency of an appeal to the superior court
the notice and order of abatement and all abatement action shall not be stayed.
9.20.070 - Enforcement of order of abatement.
A. (a -General. After any order of the abatement official or the city council acting as a board of
appeals, shall have become final, no person to whom any such order is directed shall fail, neglect
or refuse to obey any such order. Any such person who fails to comply with any such order shall
be guilty of a misdemeanor.
B. (b)-Failure to obey order. If, after any order of the abatement official or the city council acting
as a board of appeals, has become final, any person to whom such order is directed shall fail,
neglect or refuse to obey such order, the abatement official may:
(1) Cause such person to be prosecuted under subsection (a) of this section;
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
(2) Institute any appropriate action to abate such public nuisance;
(3) Do both (1) and (2).
C. (e)-Failure to commence work. Whenever the required abatement is not commenced within
thirty days after any final notice and order issued under this code becomes effective the abatement
official may, in addition to any other remedy herein provided, cause the public nuisance to be
abated with the cost of such abatement to be paid and recovered in the manner and method
provided in section 9.20.090.
9.20.075-Extension of time.
Upon receipt of an application from the person required to conform to the order and agreement in
writing by such person that he will comply with the order if allowed additional time,the abatement
official may,at his discretion,grant an extension of time within which to abate the public nuisance,
if the abatement official determines that such an extension of time will not create or perpetuate a
situation dangerous to life or property. The abatement official's authority to extend time is limited
to the abatement of the public nuisance and will not in any way affect or extend the time to appeal
his notice and order.
9.20.080-Interference with city employees, contractors, etc., prohibited.
No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized
representative of the city or with any persons who own or hold any estate or interest in the premises
affected by the public nuisance which has been ordered abated, whenever such officer, employee,
contractor or authorized representative of the city, person having interest or estate in the affected
premises, is performing the necessary acts preliminary or incidental to such work authorized or
directed pursuant to section 9.20.070.
9.20.085 - Abatement procedure; costs constitute lien on property.
A. fa-)-Procedure. When any abatement or a public nuisance is to be done pursuant to section
9.20.070(c) of this chapter, the abatement official shall issue his order therefor to the director of
public works, and the work shall be accomplished by city personnel or by private contract under
the direction of the director.
B. (b)-Costs. The costs, including incidental expenses, of abatement of such public nuisance shall
be a lien against the property involved or may be made a personal obligation of the property owner,
whichever the city shall determine is appropriate.
9.20.090-Recovery of costs of abatement.
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ORDINANCE 2023-010
A_(a-The director of public works shall keep an account of the costs, including incidental
expenses, of abating each public nuisance, including each separate lot or parcel of land where the
abatement is done, and shall render an itemized report in writing to city council showing the costs
of abatement and manner of abatement of each public nuisance, including any salvage value
relating thereto.
B. (b)-Upon the completion of the abatement work, the director of public works shall prepare and
file with the city clerk a report specifying the work done, itemizing the total cost of the work, the
description of the property affected by the public nuisance and the names and addresses of the
persons entitled to notice pursuant to section 9.20.045(b). Before the report is submitted to the city
council,a copy of a report shall be posted for at least five days upon the affected premises,together
with a notice of the time when the report shall be heard by the city council.
C. (e)-The term "incidental expenses" shall include, but not be limited to,the actual expenses and
costs of the city in the preparation of notices,specifications and contracts,overhead and inspection
of the work and the cost of printing and mailing required hereunder.
tn-seetions-12A-541.0-and-L105;0-1-5-shall-be-the-proeedure-and-method-for--the-reeoveFy-of
D. The city council shall hold a hearing on the cost report at which any person entitled to notice
pursuant to section 9.20.045(b) may appear and lodge objections to the costs of abatement. At
the conclusion of the hearing the city council shall either accept, reject or amend the report.
E.(e)-All monies recovered for the costs of abatement shall be paid into the general fund.
9.20.095- Legal remedies.
The remedies provided for in this chapter shall be cumulative and in addition to other remedies or
procedures provided elsewhere in this code or by common law. In addition, a public nuisance may
be abated by the city in a civil action.
Chapter 9.25-Noise Control
9.25.010-Noise control.
In addition to the provisions of chapter 9.20 applicable to noise as a public nuisance, this chapter
shall apply to noise control within the city.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
9.25.015- Defmitions.
A.(a)-The following words,terms,and phrases,when used in this chapter,shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
A-weighted sound level means the sound pressure level in decibels as measured on a sound level
meter using the A-weighting network, the level of which so read is designated dB(A) or dBA.
Commercial area means any parcel of land zoned as AC, HC, or CB under Title 15. Decibel (dB)
means a unit measure of sound level.
Equivalent A-weighted sound level(L eq)means the constant sound level that in a given situation
and time period conveys the same sound energy as the actual time-varying A-weighted sound.
Industrial area means any parcel of land zoned as I or RM under Title 15.
Noise means any sound that annoys or disturbs humans or causes or tends to cause an adverse
psychological or physiological effect on humans.
Noise disturbance means any sound that endangers or injures the safety or health of humans or
animals, annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures
personal or real property.
Noise-sensitive zone means any area designated pursuant to section 9.25.025 for the purpose of
ensuring exceptional quiet.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, public use
easement or similar place owned or controlled by a governmental entity.
Public space means any real property or structures thereon owned or controlled by a governmental
entity.
Public use area means any parcel of land zoned as INS or P under Title 15.
Residential area means any parcel of land zoned as RR, R-I, R-2, R-3,UR or OR under Title 15.
Sound level means the weighted sound pressure level obtained by the use of a sound level meter
and frequency weighting network such as A, B or C as specified in American National Standards
Institute specifications for sound level meters (ANSI S1.4-1971 or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the A weighting shall apply.
Sound level meter means an instrument that includes a microphone, amplifier, RMS detector,
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
integrator or time average, output meter and weighting networks used to measure sound pressure
levels.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical
parameter in a medium with internal forces that causes compression and rarefaction of that
medium. The description of sound may include any characteristic of such sound, including
duration, intensity, and frequency.
B. (b•}All terminology used in this chapter and not defined in this section shall be in conformance
with applicable publications of the American National Standards Institute(ANSI)or its successor
body.
9.25.020- Excessive noise prohibited.
A. (a)-It is unlawful for any person to wilfully willfully make or continue, or cause to be made or
continued,any noise disturbance,loud sound,loud noise,or unusual noise which disturbs the peace
or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person
of normal sensitivity residing in the area.
B.(b)-The standards which may be considered in determining whether a violation of the provisions
of this section by a person exists may include,but are not limited to, the following:
(1)In a public place,repeatedly or continuously shouts,blows a horn,plays a musical or recording
or amplifying instrument,or otherwise generates loud sounds or noise with the intent to disturb or
in reckless disregard of the peace and privacy of others;
(2) In a private place, engages in the conduct described in subsection(a) of this section, with the
same intent or reckless disregard, after having been informed by another person that the conduct
is disturbing the peace and privacy of others not residing in the same place;
(3) Using, playing, or practicing upon any musical instrument upon any street, alley, or public
place, without a written permit from the city manager, or unless permitted in this code;
(4) Using, for the purpose of attracting the attention of the public, any radio, recording music or
sound-amplifying device of any kind, the sound from which is cast directly upon a street, alley,or
public place. This subsection shall not apply to devices officially used by a governmental entity.
The city manager shall have the authority, on written application to him or her, to permit the
broadcast by use of sound-amplifying devices under conditions prescribed by him or her;
(5) Operating or using any pile driver, power shovel, pneumatic hammer, or other apparatus the
use of which is attended by loud or unusual noise, in conducting any building operations between
the hours of 10:00 p.m. and 7:00 a.m., except by written permit issued by the city manager; or
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
(6) Operating any unmuffled internal combustion engine, or noise creating blower or power fan.
C. (e)-As used in subdivisions (1) through (6) of subsection (b), "loud sound," "loud noise," or
"unusual noise" includes:
(1) Any sound or noise which would awaken, or cause difficulty in sleeping for, the average, not
unduly sensitive individual attempting to sleep in a house, apartment,hotel, or motel; and
(2) Any source of sound that creates a sound level exceeding the limits set forth for the receiving
land use category in Table 1 of this section when measured by a sound level meter at or within the
property boundary of the receiving land described under the listed receiving land use category.
Table 1. Sound Levels by Receiving Land Use.
Receiving Land Use Category Time Sound Level Limit(dBA)
Residential area 7:00 a.m.-10:00 p.m. 60
10:00 p.m.-7:00 a.m. 50
Commercial area 7:00 a.m.-10:00 p.m. 70
10:00 p.m.-7:00 a.m. 60
Public use area 7:00 am-10:00 pm 65
10:00 pm-7:00 am 50
Industrial area At all times 80
9.25.025 - Noise-sensitive zones.
The city manager may prepare recommendations to the city council for the designation of noise-
sensitive zones containing noise-sensitive activities. No person shall create or cause the creation
of any sound within any noise-sensitive zone designated pursuant to this section so as to disrupt
the activities normally conducted within the zone, provided that conspicuous signs are displayed
indicating the presence of the zone. No person shall create or cause the creation of any sound
within any noise-sensitive zone designated pursuant to this section containing a hospital, nursing
home, or similar activity so as to interfere with the functions of such activity or disturb or annoy
the patients in the activity, provided that conspicuous signs are displayed indicating the presence
of the zone.
9.25.030- Exceptions.
The provisions of this chapter shall not apply to:
���ie righ of wa
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
A.{b}The emission of sound for the purpose of alerting persons to the existence of any emergency,
the emission of sound in the performance of emergency work, or the emission of sound in the
performance work by city departments including,but not limited to,the harbor,police,fire,electric
and public works department (for example emergency response and snow removal).
o 2c 035 Penalties and „diem
co ction sh „f$50. r the �t violation; e7c.00 f r the � „a . „latio„;
$100.00 f r the third y. olation; „d $300.00 f the f urth olation „a � olat:on
therearter,
hr it ctio to olatio of thi chapter r to obtain„•.,
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Chapter 9.30 - Marijuana Tetrahydrocannabinol(THC) extraction equipment
9.30.010 - General provisions.
All licensed marijuana processing facility tetrahydrocannabinol (THC) extraction equipment
using hazardous materials must be approved by the city council prior to operation within the city.
9.30.015 - Listed equipment.
.All THC extraction equipment shall be listed and approved by
the State of Alaska and the Seward Fire Department.
9.30.020 - Equipment approval.
A. When no equipment listing criteria exists and for non-listed extractions systems, equipment
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
manufacturers may submit a master engineering report to the Seward Fire Department for approval
of their equipment.
B.An Alaska licensed professional engineer is required to prepare a site-specific report. The report
shall include the following information:
1.The proposed or existing address of the location where the equipment will be operated,the make
and model, serial number, and any other pertinent information specific to that equipment as
requested by the city;
2. The installation of the equipment will meet all applicable AME and NFPA standards for the
operating pressures it will be subjected to;
3. The equipment has pressure relief valves on any trapped gas sections;
4. That all hose fittings, vacuum pumps, and all other ancillary components of the equipment are
compatible with the specific flammable gas used in the equipment;
C. The engineering report is required by the 2042 International Fire Code, adopted as the Seward
Fire Code, and shall be signed and sealed by a responsible Alaska licensed professional engineer.
All equipment shall be operated strictly in accordance with the manufacturer's instructions.
D. Prior to the operation of the equipment, the city shall issue written approval of the engineering
report required under this section.
9.30.025-Modification of equipment.
Any modification of listed or approved equipment other than routine maintenance or replacement
of an identical replacement part voids the approval of the extraction equipment unless the
modification is approved by the city in writing. Modifications that require approval include but
are not limited to re-piping the system, addition of pumps, replacing components with non-
identical components, and using unapproved gases.
Chapter 9.35.-Plastic Bags and Polystyrene Containers
9.35.010. -Definitions.
Affected retail establishment means any commercial business facility that sells goods directly to
the ultimate consumer including but not limited to grocery stores,pharmacies, and retail stores.
Biodegradable means the entire product or package will completely break down and return to
nature. i.e.,decompose into elements found in nature within a reasonably short period of time after
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
customary disposal.
Customer means any person obtaining prepared food from a restaurant or retail vendor.
Disposable food service ware means all containers, bowls, plates, trays, cartons, cups, lids, and
other items that are designated for one-time use and on, or in, which restaurant or retail food
vendors directly places or packages prepared food or which are used to consume foods. This
includes, but is not limited to, service ware for takeout foods and/or leftovers from partially
consumed meals prepared at restaurants or retail food vendors.
Food vendor means any restaurant or retail food vendor located or operating within the City of
Seward.
Plastic carry-out bag means a bag made from plastic that is not intended nor suitable for continuous
reuse and that is less than two and one-quarter mils thick and is designed to carry customer
purchases from a seller's premises, except for: bags marketed or labeled as "biodegradable" or
"compostable," bags used by customers inside stores to package hulk items such as fruit,
vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts: bags used to
contain dampness or leaks from items such as frozen foods,meat or fish, flowers or potted plants:
bags used to protect prepared foods or bakery goods: bags provided by pharmacists to contain
prescription drugs: newspaper bags, laundry or dry cleaning bags: or bags sold for consumer use
off a seller's premises for such purposes as the collection and disposal of garbage, pet waste, or
yard waste.
Polystyrene foam means and includes blown polystyrene and expanded and extruded foams which
are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any
number of techniques including but not limited to fusion of polymer spheres, injection molding,
foam molding, and extrusion-blow molding.
Polystyrene foam is generally used to make cups, bowls, plates, trays otherwise known as
Styrofoam.
9.35.015-Non-biodegradable plastic carry-out bags.
A. Affected retail establishments, food vendors and nonprofit vendors are prohibited from
providing plastic carry-out bags to their customers at the point of sale to transport purchased items.
Reusable bags,recyclable paper bags and compostable bags,including biodegradable plastic bags,
are allowed alternatives.
B. Nothing in this section shall be read to preclude affected retail establishments, food vendors
and nonprofit vendors from making recyclable paper bags available to customers.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-010
C. Affected retail establishments, food vendors and nonprofit vendors are encouraged to provide
incentives for the use of reusable bags through education and through credits or rebates for
customers that use reusable bags at the point of sale for the purpose of carrying away goods.
D. No person shall distribute plastic carry-out bags at any city facility or any event held on city
property.
9.35.020-Polystyrene foam disposable food service ware.
A. Except as provided in section 9.35.25, food vendors are prohibited from providing prepared
food to customers in disposable food service ware that uses polystyrene foam.
B. All city facilities are prohibited from using polystyrene foam disposable food service ware and
all city departments and agencies will not purchase or acquire polystyrene foam disposable food
service ware for use at city facilities.
C.All food vendors using any disposable food service ware will use biodegradable or compostable
disposable food service ware unless they can show an affordable biodegradable or compostable
product is not available for a specific application. Food vendors are strongly encouraged to reuse
food service ware in place of using disposable food service ware.
9.35.025-Exemptions.
A. Prepared food prepared or packaged outside the city is exempt from the provisions of this
chapter. Purveyors of food prepared or packaged outside the City of Seward are encouraged to
follow the provision of this chapter.
B. Food vendors will be exempted from the provisions of this chapter for specific items or types
of disposable food service ware if the city manager or his/her designee finds that a suitable
affordable biodegradable or compostable alternative does not exist and/or that imposing the
requirements of this chapter on that item or type of disposable food service ware would cause
undue hardship.
C. Polystyrene foam coolers and ice chests that are intended for reuse are exempt from the
provisions of this chapter.
D. Disposable food service ware composed entirely of aluminum is exempt from the provisions of
this chapter.
E. Emergency supply and service procurement. In a situation deemed by the city manager to be an
emergency,for the immediate preservation of the public peace,health or safety,city facilities,food
vendors,contractors and vendors doing business with the city shall be exempt from the provisions
CITY OF SEWARD, ALASKA
ORDINANCE 2023-010
of this chapter.
Section 2. This ordinance shall take effect ten(10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 8th day of May, 2023.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES: Calhoon, Wells, Barnwell, Finch, DeMoss, Osenga, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ren a J. Ballo M
City Clerk
(City AO SESm,/,
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City Council Agenda Statement
Meeting Date: April 24, 2023, 2023
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Ordinance 2023-010: Amending Seward City Code Title 9 — Health and
Safety
Background and Justification:
The purpose of this ordinance is to complete the recodification for Title 9.
Key:
The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City
Manager, DH = Department Head, Clerk=City Clerk)
Code Citation Source Amendment
Atty Include Animal Control Officer under definition for Chief of Police.
Mgr Define cat.
9.05.110 Mgr Clarify the definition for dog.
DH, Atty Create new definition for firearm.
Atty Update definition for Vicious Dog to match AS 03.55.020.
9.05.130 Mgr Strike first sentence.
9.05.135 Atty Clarify wording.
9.05.150 At , DH Strike section; adopt AS 11.61.140 by reference.
9.05.155 Atty Clarify language.
9.05.210 & .212 Mgr Add cat.
9.05.212 DH, Atty Change timing for licenses to match current practices.
9.05.216 DH, Atty Updating rice to cover costs.
9.05.218 Atty Strike section; if/when a petition for annexation is filed,then include as
art of a proposed transition plan.
9.05.220 Mgr Update to include lead.
9.05.240-.244 DH Condense into one section.
9.05.246 DH Strike entire section.
9.05.252 At , DH Strike entire section.
9.05.258 AtClerkgr Update vaccine requirements.
9.05.315 DH Update to within city limits.
9.05.410 & .420 DH, Atty Create new section for discharge of firearms.
Chapter 9.15 At , DH Entire section being updated to 2021.
9.15.125 DH Update to allow reports to be emailed.
9.15.140 DH Updating language.
9.15.210-.215 DH Delete as redundant to SCC 2.25.050.
9.15.220 At , DH Delete as covered in ci 's Record Retention Schedule.
9.15.230 DH Fire dept. retains reports.
9.15.235 At , DH Strike section; dues are part of the budget process.
9.15.240 DH Delete as redundant to IFC.
9.15.310 DH Change city manager to fire chief; fire chief issues permit per IFC.
209
9.15.350 DH Updating zone to match current practices.
9.20.015 Atty Strike sentence related to music on streets as obsolete.
Atty Strike partial sentence related to x-rays as obsolete.
9.20.065 At , DH Striken language is obsolete; new language from attorney.
9.20.090 Atty Updated language.
9.25.030 Atty Striken as unconstitutional.
9.25.030 Atty Penalties are covered in Title 1.
9.30 Atty Updating terminology.
9.30.015 DH Updating language forequipment.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code.
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
Not applicable
Finance Signature: N/A
Attorney Review
✓ Yes Attorney Signature:
Not applicable Comments:
Administration Recommendation
e✓ Adopt Ordinance
Other:
Clerk's Note:Submitted draft ordinance to Shannon/administration 3123; Shannon submitted draft ordinance to
attorney on 3124 and followed up on 4117.
210