HomeMy WebLinkAboutRes1977-011
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3/30/77
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 77-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA REJECTING THE STATE'S DELEGATION OF RESPONSIBILITY
FOR FIRE SAFETY INSPECTION AND ENFORCEMENT
WHEREAS, under state statutes and regulations it appears that the
responsibility for fire prevention and enforcement of state fire statutes
and regulations is vested in the State Fire Marshal, and
WHEREAS, the State of Alaska, by letter, has attempted to delegate
the State's basic responsibility described hereinabove to the City of
Seward, and
WHEREAS, the City does not have the personnel to conduct a fire safety
enforcement and fire prevention program, and
WHEREAS, it appears that this delegation is being made by the State
solely to escape the liability imposed upon it by the principle of law
expressed in Adams vs. State, 555 P2d 235 (Alaska 1976) and
WHEREAS, the City of Seward does not desire to assume this liability,
which would be placed upon it by the law as set forth in State vs. Jennings,
555 P.2d 248 (Alaska 1976),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, that the City of Seward rejects the State's delegation of
the responsibility for fire prevention inspections and enforcement of the
State fire safety statutes and regulationso
BE IT FURTHER RESOLVED that the City of Seward declares that it assumes
no liability or responsibility for enforcement of or failure to enforce
State fire safety statutes and regulations or conducting fire inspections.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
THIS 29th day of March ,1977.
CITY OF SEWARD, ALASKA
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Richard A. Neve'
Mayor
AYES:
NOES:
ABSENT:
Gillespie,Hugli, Mott, Martin, Neve', and Vincent
None
Oldow
APPROVED AS TO FORM:
ATTEST:
HUGHES, THORSNESS, GANTZ, POWELL,
AND BRUNDIN
Attorneys for the City of Seward, Alaska
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J Anne E. Shanley
City Clerk-Treasurer
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(City Seal)