Coffin v. Blackwell

Citations

• 116 Wash. 281
• 199 P. 239
• 1921 Wash. LEXIS 819

Syllabus

<p>Municipal Corporations (315)—Police Power—Retroactive Ordinances—Protection Against Fire. A city, in the exercise of the police power, has a right to enact an ordinance, retroactive in effect, to compel a building owner to make necessary changes to reduce the fire hazard of a structure erected prior to the passage of the ordinance.</p> <p>Same (50)—Ordinances—Construction and Operation. The building code of Seattle, providing, in § 1035 of the part relating wholly to “alterations and repairs” of existing buildings, that “nothing in this part shall be construed to prevent the superintendent of buildings from requiring unsafe or dangerous structures to be made safe under the powers granted elsewhere in this code,” has a special and limited effect to the control only of alterations and repairs.</p> <p>Same (50). The building code of Seattle, §103, providing that “nothing in the building code shall be construed as requiring that buildings heretofore constructed and equipped must be reconstructed, rearranged or otherwise equipped unless it be by ordinance specially provided,” took from the administrative officers of the city all power to require reconstruction or equipment, unless specifically provided by ordinance to that effect.</p> <p>Same (50). Section 110 of the Seattle building code empowering the superintendent of buildings to require a building to be demolished or vacated when he finds “(c) That such building is unsafe to human life or property from any cause whatever or in imminent danger of so becoming,” authorizes physical abatement by the officer when the danger is unmistakable and emergent.</p> <p>Same (50). Under § 9 of the “fire hazard” ordinance of the city of Seattle, providing that nothing therein shall be construed to require the alteration of elevators in any building constructed in full accordance with a permit issued by the superintendent of buildings, “unless such alterations or installation is manifestly necessary for the safeguarding of life a