4841 GLENWOOD AVE 2019-01-11 - Laserfiche WebLink

Everett fire code requirements for elevated surfaces that are a part of a fire apparatus access road and fire apparatus access road markings. 4. During the property inspection on May 20, 2009, Assistant Fire Marshal Rick Robinson, observed that a retaining wall supporting the fire apparatus access road turn-around area on the property had collapsed. The retaining wall supported the fire apparatus turn-around area. Assistant Fire Marshal Robinson testified that, without the retaining wall, the turn-around area will not support a fire apparatus which can weigh approximately 36 tons. (See Exhibit 2 — Photographs of turn-around area.) 5. Assistant Fire Marshal Robinson also observed that the turn-around area lacked required signs and pavement marking stating"No Parking—Fire Lane." Four vehicles were obstructing the fire lane turn around area. (See Exhibit 2—Photographs of turn-around area.) 6. Through discussions with Permit Services Manager Tony Lee, Assistant Fire Marshal Robinson learned that the respondent and his family resided in the dwelling at the property. Mr. Lee testified that, to date, no certificate of occupancy has been issued for this properly. The Everett building code prohibits persons from occupying a dwelling without first obtaining a certificate of occupancy. Assistant Fire Marshal Robinson referred this information to the Everett Code Enforcement Unit which enforces violations of Chapter 16.01 EMC,the Everett building code. 7. On June 1, 2009, at about 1:20 p.m. the Everett Fire Department,jointly with the Everett Code Enforcement Unit, issued a violation citation to the respondent. Assistant Fire Marshal Robinson personally served the violation citation to the respondent by delivering it to his wife Dina, a resident at the property of suitable age and discretion to receive the violation citation. Copies of the violation citation were also delivered to the respondent by registered return receipt mail and by first class mail. (See exhibit 1 — Violation citation, Declaration of Service, and certified mail receipts.) 8. The violation citation notified the respondent that conditions on the property violated Everett fire code requirements for fire apparatus access roads and Everett building code requirements for occupancy of a dwelling. The respondent was given the opportunity to correct the conditions and has adequate notice to appear at this hearing to contest the City's findings. 9. Assistant Fire Marshal Robinson conducted a pre-hearing inspection on July 1, 2009. He observed no apparent changes to the retaining wall or the fire lane turn around area since May 20, 2009, and it appeared that the residence was still occupiedon the property located at 4841 Glenwood Avenue, Everett, Washington, 98203. Conclusions of Law I. The conditions above constitute a violation of the 2006 International Building Code Section 110.1, as adopted by Chapter 16.01 EMC, the Everett building code, which states in relevant part: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a 2/