1726 - Ordinance - Repealing Ordinance No. 1698 Adopting Uniform Fire CodeORDINANCE NO. 1726 Y
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCE NO. 1698; AND
ADOPTING THE 1997 UNIFORM FIRE CODE AND
ESTABLISHING A BUREAU OF FIRE PREVENTION AND
THE AUTHORITY THEREOF.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES
ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 1698 is hereby repealed.
SECTION 2. UNIFORM FIRE CODE, 1997 EDITION, ADOPTED. Pursuant to
RCW 35.21.180 there is adopted by council of the city for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion, that certain code
known as the Uniform Fire Code, 1997 Edition, including amendments and additions thereto, as
adopted by the International Conference of Building Officials and the Western Fire Chiefs
Association of which code, one copy has been and now if filed in the office of the city clerk, and
the code is adopted and incorporated as fully as if set forth at length therein, and from the
effective date of this section, and the provision thereof shall be controlling within the limits of the
city, except the following: (105.8) A.1, A.2, A.3, A.4, A.5, B.1, B.2,c.1, C.3, CA, C.5, C.6, C.7,
C.8, C.9, D.1, D.2, F.1, F.3.1. F.3.2, F.3.2.1, F.3.2.2, F.3.3, F.3.4, F.3.4, F.3.5, F.3,6, F.3.7, FA,
F.5, H.1, H.2, H.3, H.3.1, H.3.2, H.3.3, H.3.4, 1.1.1, 1.1.2, 1.2.1, 1.3, M.1, M.2, M.3, 0.2, 0.3, P.1,
P.2, R.1, R.2, R.3, S.1, T.1, T.2, W.1. The deletions are permit requirements only.
SECTION 3. ENFORCEMENT. The codes hereby adopted or now in effect shall
be enforced by the Fire Authority.
SECTION 4. DEFINITIONS. (1) Whenever "municipality" is used in the Uniform
Fire Code, it means the City of Port Orchard.
(2) Whenever "inspector of the Fire Department' or 'Bureau of Fire Prevention" is
used in the Uniform Fire Code, it means Fire Authority.
(3) Whenever "corporation counsel' is used in the code, it means the City Attorney.
(4) Wherever "Police Department' is used in the code, it means the City Police
Department.
(5) Whenever "Chief of the Bureau of Fire Prevention" is used in the code, it means
"Fire Authority".
Ordinance No. 1726
Page 2 of 11
SECTION 5. District limits for storage of flammable and combustible liquids,
liquefied petroleum gases, and explosives.
The limits referred to in Article 79 of the fire prevention code in which storage of flammable and
combustible liquids in outside aboveground storage tanks is prohibited, the limits referred to in
Article 82 of the fire prevention code in which bulk storage of liquefied petroleum gas is restricted,
and the limits referred to in Article 77 of the fire prevention code, in which storage of explosives
and blasting agents is prohibited, are established as follows:
Beginning at the intersection of the outer harbor line and the west boundary of the city; thence
southerly along the west boundary to the southerly margin of Bay Street thence northeasterly
along the southerly margin to the projected centerline of alley in Block 2, original plat of Sidney;
thence east along the centerline of the alley to the intersection with the centerline at Cline Street;
thence north to the centerline of the alley in Block 7, original plat of Sidney; thence east to the
centerline of Austin Avenue; thence north to the centerline of Kitsap Street; thence east to the
centerline of Seattle Street; thence north to a point two hundred feet south of the centerline of
Bay Street; thence parallel to the centerline of Bay Street easterly to the centerline of Blackjack
Creek to the west line of Maple Street Waterway projected southerly; thence northerly along the
west line of Maple Street Waterway to the outer harbor line; thence southwesterly along the outer
harbor line to the point of beginning.
SECTION 6. PERMIT FOR BRUSH AND REFUSE. It is prohibited to burn
brush, refuse, debris, dry grass, bracken or undergrowth within the City limits of the City, unless a
permit therefore is first obtained from the Fire Authority, who is authorized to issue the same and
to supervise such fires.
SECTION 7. MODIFICATIONS
power to modify any of the provisions of the
application in writing by the owner or lessee,
practical difficulties in the way of carrying out the
of the codes shall be observed, public safety
particulars of such modification when granted o
thereon shall be entered upon the records of 1
furnished the applicant.
,R VARIANCE. The Fire Authority shall have
;odes hereby adopted or now in effect upon
x his duly authorized agent, when there are
strict letter of the codes, provided that the spirit
secured, and substantial justice done. The
allowed and the decision of the Fire Authority
ie Fire Authority and a signed copy shall be
SECTION 8. APPEALS. Whenever the Fire Authority shall disapprove an
application or refuse to grant a permit applied for, or when it is claimed that the provisions of the
codes do not apply or that the true intent and meaning of the codes have been misconstrued or
wrongly interpreted, the applicant may appeal from the decision of the Fire Authority within thirty
days from the date of the decision appealed.
Ordinance No. 1726
Page 3 of 11
SECTION 9. VIOLATIONS. (1) Any person who shall violate any of the
provisions of the codes hereby adopted or fail to comply therewith, or who shall violate or fail to
comply with any order made thereunder, or who shall build in violation of any detailed statement
of specifications or plans submitted thereunder, and from which no appeal has been taken, or
who shall fail to comply with such an order as affirmed or modified by the City Council or by a
court of competent jurisdiction, within the time fixed herein, shall severally for each and every
such violation and noncompliance respectively, be guilty of a misdemeanor. The imposition of
one penalty for any violation shall not excuse the violation or permit it to continue, and all such
persons shall be required to correct or remedy such violations or defects within a reasonable
time. When not otherwise specified, each ten days that prohibited conditions are maintained shall
constitute a separate offense.
(2) The application of this section shall not be held to prevent the enforced removal of
prohibited conditions.
SECTION 10. CONFICT WITH PROVISIONS. In the enforcement of the
Uniform Fire Code, if it should develop that there is a conflict with its provisions and the
provisions of the Uniform Building Code, then the provisions of the Uniform Building Code shall
prevail.
SECTION 11. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE
PREVENTION.
(1) The Uniform Fire Code shall be enforced by the Fire Authority of the City which is
hereby established and shall be operated under the supervision of the Fire Authority.
(2) The chief (or fire marshal) in charge of the Fire Authority shall be appointed by the Fire
Authority on the basis of examination to determine its qualifications.
(3) The Fire Authority may detail such members of the fire department as inspectors as
shall from time to time be necessary.
SECTION 12. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH
MAY REQUIRE PERMITS. The Fire Authority for the City of Port Orchard shall act as a
committee to determine and specify, after giving affected persons an opportunity to be heard, any
new materials, processes or occupancies which will require permits, in addition to those now
enumerated in said code. Fire Authority shall post such list in a conspicuous place in his office
and distribute copies thereof to interested parties.
SECTION 13. STATE OF WASHINGTON UNIFORM COMPLAINT/CITATION
SYSTEM. The state of Washington Uniform Complaint/Citation System dated January 1, 1976, is
hereby adopted by the City.
Ordinance No. 1726
Page 4 of 11
SECTION 14. SCHEDULE OF BAILS.
UFC Section Offense
103.4.5
Unsafe Buildings
103.4.3.2
Compliance
103.4.3.3
Destruction of Signs
104.1.2
Interference With Fire Equipment
1001.6.1
Tampering with Fire Equipment
1001.6.2
Tampering with Fire Hydrant or Fire Equipment
1001.6.2
Hydrant Use Approval
902.2.4.2
Tampering with Barriers, Etc.
902.2.4.1
Closure of Fire Roads, ParkingThereon
901.5
Obstructing Fire Protection Equipment
901.4.4
Premises Identification
902.4
Key Box
902.4
Installation
1111
Maintenance
1112
Maintenance
1001.5.1
Maintenance
1201.1
Maintenance
1303.4.3
Maintenance
4504.4
Maintenance
5013.2
Maintenance
1002.3
Sale of Defective Fire Extinguishers
901.4.3
Fire Extinguishers In Parking Areas
901.6
Fire Protection In Recreational Vehicle and Mobile Home Parks
1007
Fire Alarm Systems
Article 87
Buildings Under Construction
1101.3
Bonfires
Appendix II A
Sec. 20
Hot Ashes and Other Dangerous Materials
Appendix II A
Sec. 7
Chimney Spark Arresters
1102.3.1
Burning on Public Property
Appendix II A
Sec. 1
Fire Hazard Prohibited
1103.2
Accumulation of Waste Material
1103.1
Handling Readily Combustible Materials
1103.2.1.2
Storage of Readily Combustible Materials
1103.3.3
Flammable Decorative Materials
2501.17
Use of Open Flame or Light
1103.3.5.2
Combustible Materials Beneath Structures
1103.3.2.5
Combustible Storage in Attics
1104
Parade Floats
1103.3.4
Atrium Furnishings
1302
Reporting of Fires
Bail
100.00
500.00
100.00
100.00
100.00
100.00
50.00
100.00
50.00
50.00
50.00
50.00
75.00
75.00
75.00
75.00
75.00
75.00
75.00
75.00
100.00
50.00
50.00
100.00
100.00
50.00
50.00
50.00
50.00
50.00
75.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
75.00
50.00
Ordinance No. 1726
Page 5 of 11
UFC Section
Offense
Bail
1302.3
False Alarms
100.00
1107.1
Maintenance of Chimneys and Heating Appliances
50.00
Appendix II C
5.2
Open -flame Devices in Marina
50.00
1110
Vacating Premises
50.00
1110
Vacant Buildings
50.00
1106
Protection of Gas Meters
50.00
1103.3
Storage of Hazardous Equipment in Buildings
50.00
1205
Exit Obstruction
100.00
1207
Doors
100.00
1207.6
Exit Illumination
100.00
2501.5
Decorative Material
50.00
2501.7
Motion Picture Screens
50.00
2501.8
Exit Doors
100.00
2501.9
Aisles
75.00
2501.11
Use of Exit Ways
100.00
1001.10
Fire Appliances
50.00
2501.15
Marking and Lighting of Exits
75.00
2501.18
Overcrowding
100.00
2501.17
Open Flame
50.00
2501.17
Use of Candles and Open Flames, Permit
50.00
2501.17
Detailed Requirements for Use of Candles
50.00
1109.8
Detailed Requirements for Use of Candles
50.00
8203.2.1.8
Detailed Requirements for Use of Candles
50.00
2804
Loose Storage
50.00
2807
Dust -collecting System
50.00
2901.3.1
Handling of Gasoline and Oils
75.00
3004.1
Open Yard Storage
50.00
3205
Location of Tents and Air -Supported Structures
50.00
3206
Structural Stability
50.00
3207
Flame-retardant Treatment
100.00
3215
Smoking and Open Flame
50.00
3208
Fire Extinguishers and Other Fire -protection Equipment
50.00
3211
Exits
50.00
3212
Maintenance of Exit Ways
50.00
3214.2
Exit Illumination
50.00
3209
Occupant Load
50.00
3216
Heating and Cooking Equipment
50.00
3217
Storage of Flammable or Combustible Liquids
75.00
3221
Housekeeping
50.00
4506.6
Smoking Prohibited
50.00
4501.5
Welding Warning Signs
50.00
4502.4.3
Electric Wiring and Equipment
50.00
4502.1
Location of Spray -finishing Operations
100.00
4502.2
Spray Booths
50.00
Ordinance No. 1726
Page 6 of
11
UFC Section
Offense
Bail
4502.3
Dry -type Overspray Collectors (Exhaust Air Filters)
50.00
4502.4.3
Electrical and Other Sources of Ignition
75.00
4502.5
Ventilation of Spray Booths and Spray -finishing Areas
50.00
4502.6
Limited Spraying Areas
50.00
4502.7
Storage and Handling of Flammable or Combustible Liquids
75.00
4502.8
Fire -protection Equipment
50.00
4502.9
Operations and Maintenance
50.00
4502.10
Drying Apparatus
50.00
4503.9.3
Ventilation of Vapor Areas
50.00
4503.5
Electrical and Other Sources of Ignition
75.00
4503.8
Dip Tank Cover
50.00
4503.10
Coating Operations
50.00
4504.3
Guards and Signs
50.00
4505.8.4
Ventilation
50.00
4505
Location and Construction of Powder Coating Rooms and Booths
75.00
4502.4
Electrical and Other Sources of Ignition
75.00
4502.5
Ventilation
50.00
4505.8
Electrostatic Fluidized Beds
50.00
4505.9.1
General
50.00
4506
Use of Organic Peroxide Coatings
50.00
4506.3
Storage
75.00
4506.6
Smoking
50.00
4704
Notification of Fumigation
50.00
4708
Warning Signs
50.00
4808
Fire -extinguishing Materials
50.00
4810.2
Handling of Magnesium Fines (Fine Magnesium Scrap)
50.00
4901.7
Storage of Cylinders
50.00
4901
General Safety Rules for Welding and Cutting
50.00
5004
Process Buildings
50.00
5005
Storage of Raw Materials and Finished Products
50.00
5007
Process Mills, Mixers and Kettles
50.00
5009
Transfer of Flammable and Combustible Liquids in Process Areas
75.00
5012
Electrical Equipment
50.00
5012
Protection Against Static Electricity and Lightning
50.00
5013
Fire Protection
50.00
5014
Maintenance
50.00
6203
Location and Construction
50.00
6204
Ventilation
50.00
6205
Safety Controls
50.00
6305
Installation and Maintenance
50.00
6318
Instructions
50.00
6319
Emergency Signs and Labels
50.00
UFC Section
Article 74
Article 74
Article 74
7501
7701.3
7702
7702.2.1
Article 77
Article 77
Article 77
Article 77
Article 78
Article 79
7903.4.2
8001.7
8001.8
7901
Article 77
7901.9
Article 80
Article 77
7803.4.4
Article 77
5201.5.3
7903.2.2
Article 79
8001.9
7904.6.4
7902.1.7
Article 79
Article 79
Article 79
Article 79
Article 79
Article 79
Article 77
Article 78
Article 80
Ordinance No. 1726
Page 7 of 11
Offense
Cylinder Systems for Flammable
Anesthetics and Nonflammable Medical Gases
Storage and Use of Cylinders
Pipe Distribution
General Requirements
Permits
Storage of Explosives
Gunpowder
Use and Handling of Explosives
Transportation of Explosives
Blasting Agents, General
Mixing Blasting Agents
Permits for Manufacture, Sale and Discharge
Portable Tanks, Containers and Equipment
Warning Labels
Warning Labels
Warning Labels
Warning Labels
Warning labels
Warning Labels
Warning Labels
Warning Labels
Warning Labels
Warning Labels
Warning Labels
Cleaning with Flammable Liquid
Waste Petroleum and Flammable or Combustible Liquids
7902.5.10.2.4
Article 79
Article 80
5201.7
Article 79
Sources of Ignition
Sources of Ignition
Abandonment and Status of Tanks
General
Inside Liquid Storage Room
Liquid Storage Rooms
Liquid Storage Warehouses
General
Location on Property
Location on Property
Location on Property
Location on Property
Container and Tank Storage Near Buildings on the Same Property
Drainage
Drainage
Fencing and Maintenance
Ignition Sources
M
50.00
75.00
50.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
100.00
50.00
75.00
75.00
100.00
75.00
75.00
75.00
75.00
50.00
100.00
100.00
100.00
100.00
100.00
50.00
50.00
50.00
75.00
Ordinance No. 1726
Page 8 of 11
UFC Section
Offense
Bail
1109
Ignition Sources
75.00
2707
Ignition Sources
75.00
4503.5
Ignition Sources
75.00
Article 77
Ignition Sources
75.00
4606
Ignition Sources
75.00
4703
Ignition Sources
75.00
5014.2
Ignition Sources
75.00
2901.7
Ignition Sources
75.00
5201.7
Ignition Sources
75.00
4505
Ignition Sources
75.00
4502
Ignition Sources
75.00
5203
Outside Dispensing
50.00
5204
Outside Dispensing
50.00
Article 79
Outside Dispensing
50.00
7501.9
Outside Dispensing
50.00
Article 79
Empty Containers and Tanks Storage
50.00
203-204
Empty Containers and Tanks Storage
50.00
Article 75
Empty Containers and Tanks Storage
50.00
1102.3.1
General
50.00
2901
General
50.00
8004.1.4
General
50.00
7401
General
50.00
903.4.1
General
50.00
7901
General
50.00
4502.1
General
50.00
6102
General
50.00
5101.9
General
50.00
7902.6.15
Corrosion Protection
75.00
7901.11.3
Corrosion Protection
75.00
7901.11
Tank Connections
75.00
7902.6.16
Testing
50.00
7902.4
Inside Operations
75.00
7902.5
Inside Operations
75.00
2901.4
Inside Operations
75.00
2805
Storage
50.00
Article 79
Storage
50.00
Article 80
Storage
50.00
Article 81
Storage
50.00
7702
Storage
50.00
1103.3.2.5
Storage
50.00
8802
Storage
50.00
7502
Storage
50.00
7903
Dispensing Services
50.00
2901.4
Dispensing Services
50.00
8004.3.8
Dispensing Services
50.00
Ordinance No. 1726
Page 9 of 11
UFC Section
Offense
Bail
1107
Heating Equipment
50.00
209
Heating Equipment
50.00
5202.7
Heating Equipment
50.00
6106
Heating Equipment
50.00
Article 79
Drainage and Waste Disposal
50.00
Article 80
Drainage and Waste Disposal
50.00
Article 10
Fire Protection
50.00
Article 79
Housekeeping
50.00
Article 80
Housekeeping
50.00
7901.7.2
Housekeeping
50.00
4607
Housekeeping
50.00
4901.5.5
Housekeeping
50.00
Article 10
Fire Protection
50.00
216
Occupancy Requirements
75.00
2501.16
Occupancy Requirements
75.00
7903.2.3.4.2
Occupancy Requirements
75.00
7902.1.12
Occupancy Requirements
75.00
2603.3
Occupancy Requirements
75.00
4502
Occupancy Requirements
75.00
8004.2.2.2
Occupancy Requirements
75.00
1107.1
Occupancy Requirements
75.00
8504
Occupancy Requirements
75.00
3603.13.2
Solvent Containers, Tanks and Transferring Equipment
75.00
Article 36
Dry-cleaning Units
50.00
7903.2.1.3
Bonding and Grounding
50.00
7904.6.3.12
Bonding and Grounding
50.00
7904.6.3.13
Bonding and Grounding
50.00
7904.7.3
Scouring, Brushing and Spotting
50.00
3603.1.3
Scouring, Brushing and Spotting
50.00
7901
Fire Protection
50.00
Article 10
Fire Protection
50.00
1109
Smoking
50.00
7904.4.7
Smoking
50.00
Article 80
Oxidizing Materials
50.00
Article 80
Radioactive Materials
50.00
Article 80
Reactive and Unstable Liquids
50.00
Article 80
Highly Toxic Materials
50.00
Article 80
Poisonous Gases
50.00
Article 80
Storage Cabinets for Hazardous Materials
50.00
206
Automatic Fire -extinguishing Systems
50.00
8102
Automatic Fire -extinguishing Systems
50.00
8103
Automatic Fire -extinguishing Systems
50.00
8802
Automatic Fire -extinguishing Systems
50.00
8803
Automatic Fire -extinguishing Systems
50.00
8101
Aisles
50.00
UFC Section Offense
8802
Aisles
2501
Aisles
1204
Aisles
3504
Aisles
3504
Aisles
2502
Aisles
8203
Installation of Equipment
8208
Smoking and Open -flame Devices
8209
Clearances of Combustibles
8213
Abandonment of Liquefied Petroleum Gas Equipment
7902.3.5
Projection Equipment
Article 84
Projection Equipment
Ordinance No. 1726
Page 10 of 11
Bail
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
SECTION 15. SMOKE DETECTION DEVICES IN DWELLING UNITS. (1) RCW
48.48.140 is adopted by reference.
(2) Smoke Detection Devices in Dwelling Units - Penalty.
(a) Smoke detection devices shall be installed inside dwelling units:
(i) Occupied by persons other than the owner on and after December 31,
1981; or
(ii) Built or manufactured in this state after December 31, 1980.
(b) The smoke detection devices shall be designed, manufactured and installed
inside dwelling units in conformance with:
(i) Nationally accepted standards; and U.B.C.
(ii) As provided by the Administrative Procedure Act, Chapter 34.04 RCW,
rules and regulations promulgated by the State Fire Marshal.
(c) Installation of smoke detection devices shall be the responsibility of the owner.
Maintenance of smoke detection devices shall be the responsibility of the tenant,
who shall maintain the device as specified by the manufacturer. At the time of a
vacancy, the owner shall insure that the smoke detection device is in operation
prior to the reoccupancy of the dwelling unit.
(d) Any owner or tenant failing to comply with this section shall be punished by a
fine of not more than $50.00.
(e) For the purposes of this section:
(1) "Dwelling unit' means a single unit providing complete, independent
living facilities for one or more persons including permanent provisions for
living, sleeping, eating, cooking, and sanitation; and
Ordinance No. 1726
Page 11 of 11
(ii) "Smoke detection device" means an assembly incorporating in one unit
a device which detects visible or invisible particles of combustion, the
control equipment, and the alarm sounding device, operated from a power
supply either in the unit or obtained at the point of installation.
SECTION 16. SEVERABILITY. Should any provision, section, or subsection of
this chapter of its application to any person or circumstances be held invalid, the remainder of the
provisions, sections, or subsections of this chapter and the remainder of this chapter or the
application thereof to other persons or circumstances is not affected.
PASSED by the City Council of the City of Port Orchard, signed by the Mayor and
attested by the Clerk in authentication of such passage this 22n ay of June, 1998.
c � i d,:
LESLIE J. WEATHERILL, MAYOR
ATTEST -
Patricia Parks, City Clerk
APPROVED AS TO FORM:
City Attorney
Sponsored by:
Councilman Morrison
� 6AA;
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their
regular Council meeting held June 22, 1998.
ORDINANCE NO. 1726
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCE NO. 1698; AND
ADOPTING THE 1997 UNIFORM FIRE CODE AND
ESTABLISHING A BUREAU OF FIRE PREVENTION AND THE
AUTHORITY THEREOF.
Copies of Ordinance No. 1726 are available for review at the office of the City
Clerk of the City of Port Orchard. Upon written request a statement of the full text
of the Ordinance will be mailed to any interested person without charge. Thirty
days after publication, copies of Ordinance No. 1726 will be provided at a nominal
charge.
City of Port Orchard
Michelle Meriino
Deputy Clerk
Publish: Port Orchard Independent
July 1, 1998