1698 - Ordinance - Adopting Uniform Fire Code and Establishing Bureau of Fire PreventionRepealed by Ordinance 1726
Date: 06-22-98
ORDINANCE NO. 1698 v�
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCE NO.S 1678, 1638,
1111 AND 1278; AND ADOPTING THE 1994 UNIFORM FIRE
CODE AND ESTABLISHING A BUREAU OF FIRE PREVENTION
AND THE AUTHORITY THEREOF.
WHEREAS, the City of Port Orchard and Kitsap County Fire District No. 7 have
entered into an Agreement for the District to provide fire protection to the City commencing
January 3, 1998, and
WHEREAS, to facilitate the transition from a city operated fire department to the
recognized fire authority as set forth in the Fire Protection Agreement, it is necessary to revise
city statutes to delegate fire safety related responsibilities, now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
DOES ORDAIN AS FOLLOWS:
SECTION 1. Effective January 3, 1998 Ordinance No. 1678, 1638, 1111 and 1278 are
hereby repealed.
SECTION 2. UNIFORM FIRE CODE, 1994 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, 1994 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.A1, 105.8.A4, 105.8.A5,
105.8.131, 105.8.C1, 105.8.D1, 105.8.F1, 105.8.F3, 105.8.F4, 105.8.11, 105.8.M3, and 105.8.03
- these deletions are permit requirements. Also delete: Section 1104, Article 24, Article 46,
Appendix 1-A, Appendix 1-B, Appendix II-D, Appendix II -I, Appendix I-V, and Appendix III-D.
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.
Ordinance No.1698
Page 2 of 9
(5) Whenever "Chief of the Bureau of Fire Prevention" is used in the code, it means
"Fire Authority".
SECTION 5. District limits for storage of flammable and combustible liquids, liquefied
petroleum gases, and explosives.
The limits referred to in Section 79.201 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 Section 82.105A of the fire prevention code in which bulk storage of liquefied
petroleum gas is restricted, and the limits referred to in Section 77.106B 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 OR VARIANCE.
The Fire Authority shall have power to modify any of the provisions of the codes hereby
adopted or now in effect upon application in writing by the owner or lessee, or his duly
authorized agent, when there are practical difficulties in the way of carrying out the strict letter
of the codes, provided that the spirit of the codes shall be observed, public safety secured, and
substantial justice done. The particulars of such modification when granted or allowed and the
decision of the Fire Authority thereon shall be entered upon the records of the Fire Authority
and a signed copy shall be furnished the applicant.
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.1698
Page 3 of 9
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.
SECTION 14. SCHEDULE OF BAILS.
UFC Section Offense Bail
2.201 Unsafe Buildings 100.00
3.102 Compliance 500.00
Ordinance No.1698
Page 4 of 9
UFC Section
Offense
Bail
3.104
Destruction of Signs
100.00
10.102
Interference With Fire Equipment
100.00
10.201
Tampering with Fire Equipment
100.00
10.202
Tampering with Fire Hydrant or Fire Equipment
100.00
10.203
Hydrant Use Approval
50.00
10.204
Tampering with Barriers, Etc.
100.00
10.205
Closure of Fire Roads, ParkingThereon
50.00
10.206
Obstructing Fire Protection Equipment
50.00
10.208
Premises Identification
50.00
10.209
Key Box
50.00
10.301
Installation
75.00
10,302
Maintenance
75.00
10.304
Sale of Defective Fire Extinguishers
100.00
10.305
Fire Extinguishers In Parking Areas
50.00
10.306
Fire Protection In Recreational Vehicle and Mobile Home Parks
50.00
10.307
Fire Alarm Systems
100.00
10.313
Buildings Under Construction
100.00
11.101
Bonfires
50.00
11.102
Kindling of Fire on Land of Others Restricted
50.00
11.103
Discarding Burning Objects Prohibited
50.00
11.104
Hot Ashes and Other Dangerous Materials
50.00
11.111
Chimney Spark Arresters
50.00
11.113
Burning on Public Property
50.00
11.116
Fire Hazard Prohibited
50.00
11.201
Accumulation of Waste Material
75.00
11.202
Handling Readily Combustible Materials
50.00
11.203
Storage of Readily Combustible Materials
50.00
11.204
Flammable Decorative Materials
50.00
11.205
Use of Open Flame or Light
50.00
11.206
Combustible Materials Beneath Structures
50.00
11.207
Combustible Storage in Attics
50.00
11.208
Parade Floats
50.00
11.209
Atrium Furnishings
75.00
11.301
Reporting of Fires
50.00
11.302
False Alarms
100.00
11.401
Toy Balloons - Toxic, Explosive or Flammable Gas
100.00
11.404
Heating Appliances
50.00
11.405
Maintenance of Chimneys and Heating Appliances
50.00
11.406
Trapdoors to be Closed
50.00
11.410
Open -flame Devices in Marina
50.00
11.411
Vacating Premises
50.00
11.412
Vacant Buildings
50.00
11.413
Protection of Gas Meters
50.00
11.414
Posting of Signs on Exterior Doors Blocked by Storage
50.00
11.415
Storage of Hazardous Equipment in Buildings
50.00
12.103
Exit Obstruction
100.00
Ordinance No.1698
Page 5 of 9
UFC Section
Offense
Bail
12.104
Doors
100.00
12.113
Exit Illumination
100.00
13.104
Removal of Signs Prohibited
50.00
13.105
Compliance with NO SMOKING Signs
50.00
25.103
Decorative Material
50.00
25.105
Motion Picture Screens
50.00
25.106
Exit Doors
100.00
25.107
Aisles
75.00
25.109
Use of Exit Ways
100.00
25.111
Fire Appliances
50.00
25.113
Marking and Lighting of Exits
75.00
25.114 (c)
Overcrowding
100.00
25.115
Open Flame
50.00
25.117
Use of Candles and Open Flames, Permit
50.00
25.118
Detailed Requirements for Use of Candles
50.00
28.103
Loose Storage
50.00
28.106
Dust -collecting System
50.00
29.103
Cleaning With Class I or 11 Liquids
75.00
29.104
Handling of Gasoline and Oils
75.00
30.102
Open Yard Storage
50.00
30.103
Operations Fire Hazards in Lumber Yards
50.00
30.105
Woodworking Plants
50.00
32.104
Location of Tents and Air -Supported Structures
50.00
32.105
Structural Stability
50.00
32.106
Flame-retardant Treatment
100.00
32.108
Smoking and Open Flame
50.00
32.109
Fire Extinguishers and Other Fire -protection Equipment
50.00
32.112
Exits
50.00
32.113
Maintenance of Exit Ways
50.00
32.115
Exit Illumination
50.00
32.116
Occupant Load
50.00
32.118
Heating and Cooking Equipment
50.00
32.119
Storage of Flammable or Combustible Liquids
75.00
32.120
Housekeeping
50.00
45.103
Smoking Prohibited
50.00
45.104
Welding Warning Signs
50.00
45.105
Electric Wiring and Equipment
50.00
45.202
Location of Spray -finishing Operations
100.00
45.203
Spray Booths
50.00
45.204
Dry -type Overspray Collectors (Exhaust Air Filters)
50.00
45.205
Electrical and Other Sources of Ignition
75.00
45.206
Ventilation of Spray Booths and Spray -finishing Areas
50.00
45.207
Limited Spraying Areas
50.00
45.208
Storage and Handling of Flammable or Combustible Liquids
75.00
45.209
Fire -protection Equipment
50.00
45.210
Operations and Maintenance
50.00
Ordinance No.1698
Page 6 of 9
UFC Section
Offense
Bail
45.211
Drying Apparatus
50.00
45.301
Location of Dip Tank Operations
75.00
45.302
Ventilation of Vapor Areas
50.00
45.305
Electrical and Other Sources of Ignition
75.00
45.308
Dip Tank Cover
50.00
45.310
Coating Operations
50.00
45.403
Guards and Signs
50.00
45.405
Ventilation
50.00
45.602
Location and Construction of Powder Coating Rooms and Booths
75.00
45.603
Electrical and Other Sources of Ignition
75.00
45.604
Ventilation
50.00
45.608
Electrostatic Fluidized Beds
50.00
45.701
General
50.00
45.702
Use of Organic Peroxide Coatings
50.00
45.703
Storage
75.00
45.705
Mixing
100.00
45.706
Smoking
50.00
47.104
Notification of Fumigation
50.00
47.108
Warning Signs
50.00
48.108
Fire -extinguishing Materials
50.00
48.110
Handling of Magnesium Fines (Fine Magnesium Scrap)
50.00
49.104
Storage of Cylinders
50.00
49.107
General Safety Rules for Welding and Cutting
50.00
50.104
Process Buildings
50.00
50.105
Storage of Raw Materials and Finished Products
50.00
50.107
Process Mills, Mixers and Kettles
50.00
50.109
Transfer of Flammable and Combustible Liquids in Process Areas
75.00
50.111
Electrical Equipment
50.00
50.112
Protection Against Static Electricity and Lightning
50.00
50.113
Fire Protection
50.00
50.114
Maintenance
50.00
62.103
Location and Construction
50.00
62.104
Ventilation
50.00
62.105
Safety Controls
50.00
63.104
Installation and Maintenance
50.00
63.106
Instructions
50.00
63.107
Emergency Signs and Labels
50.00
63.108
Diffusion Systems
50.00
74.105
Cylinder Systems for Flammable
Anesthetics and Nonflammable Medical Gases
50.00
74.107
Storage and Use of Cylinders
75.00
74.109
Pipe Distribution
50.00
76.103
General Requirements
100.00
77.104
Permits
100.00
77.201
Storage of Explosives
100.00
77.202
Gunpowder
100.00
Ordinance No.1698
Page 7 of 9
UFC Section
Offense
Bail
77.301
Use and Handling of Explosives
100.00
77.302
Transportation of Explosives
100.00
77.304
Blasting Agents, General
100.00
77.305
Mixing Blasting Agents
100.00
78.102
Permits for Manufacture, Sale and Discharge
100.00
79.104
Portable Tanks, Containers and Equipment
50.00
79.106
Warning Labels
50.00
79.107
Warning Signs
50.00
79.108
Operating Heating, Lighting and Cooking Appliances
75.00
79.109
Unlawful Sales of Flammable Liquids
100.00
79.110
Cleaning with Flammable Liquid
100.00
79.111
Waste Petroleum and Flammable or Combustible Liquids
50.00
79.112
Sources of Ignition
75.00
79.113
Abandonment and Status of Tanks
100.00
79.201
General
75.00
79.202
Inside Liquid Storage Room
75.00
79.203
Liquid Storage Rooms
75.00
79.204
Liquid Storage Warehouses
75.00
79.301
General
50.00
79.403
Location on Property
100.00
79.404
Container and Tank Storage Near Buildings on the Same Property
100.00
79.405
Drainage
50.00
79.406
Fencing and Maintenance
50.00
70.407
Ignition Sources
75.00
79.408
Outside Dispensing
50.00
79.409
Empty Containers and Tanks Storage
50.00
79.601
General
50.00
79.603
Corrosion Protection
75.00
79.604
Tank Connections
75.00
79.605
Testing
50.00
79.802
Inside Operations
75.00
79.902
Storage
50.00
79.903
Dispensing Services
50.00
79.905
Electrical Equipment
50.00
79.906
Heating Equipment
50.00
79.907
Drainage and Waste Disposal
50.00
79.908
Fire Protection
50.00
79.1303
Incidental Storage and Use of Liquids
100.00
79.1311
Housekeeping
50.00
79.1312
Fire Protection
50.00
79.1806
Occupancy Requirements
75.00
79.1807
Ventilation
50.00
79.1808
Heating Equipment
50.00
79.1809
Electrical Equipment and Lighting
50.00
79.1810
Solvent Containers, Tanks and Transferring Equipment
75.00
79.1811
Dry-cleaning Units
50.00
Ordinance No.1698
Page 8 of 9
UFC Section
Offense
Bail
79.1814
Bonding and Grounding
50.00
79.1815
Scouring, Brushing and Spotting
50.00
79.1816
Fire Protection
50.00
79.1817
Smoking
50.00
80.104
Oxidizing Materials
50.00
80.105
Radioactive Materials
50.00
80.106
Reactive and Unstable Liquids
50.00
80.107
Highly Toxic Materials
50.00
80.108
Poisonous Gases
50.00
80.109
Storage Cabinets for Hazardous Materials
50.00
81.105
Automatic Fire -extinguishing Systems
50.00
81.108
Aisles
50.00
82.104
Installation of Equipment
50.00
82.110
Smoking and Open -flame Devices
50.00
82.111
Clearances of Combustibles
50.00
82.112
Abandonment of Liquefied Petroleum Gas Equipment
50.00
84.104
Projection Equipment
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
(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:
(i) "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
(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.
Ordinance No.1698
Page 9 of 9
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 rchard, signed by the Mayor
and attested by the Clerk in authentication of such passage thi ° f December, 1997.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM: Sponsored by:
Cit Attorn y Councilman Morrison
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 December 22, 1997.
ORDINANCE NO. 1698
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING ORDINANCE NOS. 1678, 1638, 1111 AND 1278; AND ADOPTING
THE 1994 UNIFORM FIRE CODE AND ESTABLISHING A BUREAU OF FIRE
PREVENTION AND THE AUTHORITY THEREOF.
Copies of Ordinance No. 1698 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. 1698 will be provided at a nominal
charge.
City of Port Orchard
'Michelle MC�`YyL�L�-�
Deputy Clerk
Publish: Port Orchard Independent
December 31, 1997