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066-21 - Ordinance - Fire Prevention and Building CodesORDINANCE NO. 066-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING FIRE PREVENTION AND BUILDING CODES; REPEALING CHAPTER 20.204 OF THE PORT ORCHARD MUNICIPAL CODE (POMC), FIRE PREVENTION CODE; AMENDING POMC CHAPTER 20.200, CITY BUILDING CODE; AMENDING POMC CHAPTER 15.28, FIRE HYDRANT INSTALLATION; AND AMENDING POMC CHAPTER 5.60, FIREWORKS; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, consistent with the requirements of the State Building Code Council, the City has adopted and codified the International Building Code, International Fire Code (IFC), and International Residential Code, with permitted local amendments thereto; and WHEREAS, these regulations are in need of reorganization and updating to best service the interests of the City and the public interests; and WHEREAS, the City annexed to the Kitsap County Fire Protection District No. 7, also known as South Kitsap Fire and Rescue (SKFR) in 2001, and SKFR provides fire protection to the City, pursuant to Chapter 52.04 RCW and Port Orchard Municipal Code (POMC) 2.12; and WHEREAS, pursuant to an Interlocal Agreement (ILA) between the City and SKFR, the City has historically utilized SKFR staff for fire prevention services and permitting under the IFC, and the applicable regulations governing those services were adopted by ordinance and codified in the Port Orchard Municipal Code; and WHEREAS, to meet the needs of the residents of Port Orchard, the City recently hired a Building Official with certification in the International Fire Code to perform permit review, inspections and other fire prevention services; and WHEREAS, accordingly, SKFR will no longer perform these services pursuant to an agreement between the agencies, but will perform other fire prevention services, including burn permit review, special events consultation, and on -call permit review for special permits; and WHEREAS, SKFR and the City recently authorized the execution of a new ILA, effective January 1, 2022, to memorialize the change in responsibilities and services; and WHEREAS, as part of the reorganization and updating of the building code, inclusive of the IFC, amendments thereto are necessary to clarify the roles and responsibilities of the City and the SKFR; and WHEREAS, amendments are necessary to other code provisions pertaining to the services provided by SKFC, to clarify these roles and responsibilities; and Ordinance No. 066-21 Page 2 of 26 WHEREAS, the City Council finds adoption of this Ordinance and the amendments herein to be in the best interest of the City, its employees and residents; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Repealer. Port Orchard Municipal Code Chapter 20.204 is hereby repealed in its entirety. SECTION 2. Amendment. Port Orchard Municipal Code Chapter 20.200 is hereby amended to read as attached as Exhibit A hereto and incorporated herein by this reference. SECTION 3. Amendment. Port Orchard Municipal Code Chapter 15.28, Fire Hydrant Installation, is hereby amended to read as attached as Exhibit B hereto and incorporated herein by this reference. SECTION 4. Amendment. Port Orchard Municipal Code Chapter 5.60, Fireworks, is hereby amended to read as attached as Exhibit C hereto and incorporated herein by this reference. SECTION 5. Savings Clause. The ordinances and portions of resolution which are repealed by this Ordinance remain in force and effect until the effective date of this Ordinance. Such repeals must not be construed as affecting any existing right acquired under the ordinances and resolution repealed or amended, nor as affecting any proceeding instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor the administrative action taken thereunder. Notwithstanding the foregoing actions, obligations under such ordinances in effect on the effective date of this Ordinance continue in full force and effect, and no liability thereunder, civil or criminal, is in any way modified. Further, it is not the intention of these actions to reenact any ordinances or parts of ordinances previously repealed or amended, unless this Ordinance specifically states such intent to reenact such repealed or amended ordinances. SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 7. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 8. Effective Date. This Ordinance shall take effect and be in full force and effect on January 1, 2022, as provided by law. Ordinance No. 06&21 Page 3 of 26 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 2111 day of December 2021. Robert Putaansuu, Mayor ATTFtr�� �/ ��c:�.v�r� c�. �Iyut ewo.e✓� Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM. SPONSOR: Charlotte A. Archer, City Attorney John Clauson, PUBLISHED: December 26, 2021 EFFECTIVE DATE: January 11 2022 uncilmember Chapter 20.200 CITY CONSTRUCTION CODE Sections: 20.200.001 Purpose. 20.200.005 Administration. 20.200.008 State Building Code Adopted 20.200.010 Conflicts between codes. 20.200.012 Local amendments of International Building Code. 20.200.014 Local amendments of International Residential Code. 20.200.016 Local amendments of the International Fire Code 20.200.018 Appeals. 20.200.020 Violations 20.200.022 Penalties and Other Relief. 20.200.001 Purpose. The purpose of the codes and regulations adopted in this subtitle is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Port Orchard. It is not the purpose or intent to create or designate any class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual. 20.200.005 Administration. All permits issued pursuant to the codes adopted by reference in this chapter shall follow a Type I permit process pursuant to Chapter 20.22 POMC. 20.200.008 State Building Code Adopted. Pursuant to RCW 35A.12.140, the city of Port Orchard hereby adopts the following codes of technical compliance by reference, which are incorporated herein; provided, that the amendments, deletions, and additions thereto as provided in this chapter shall govern over the published provisions of the respective adopted code: 1. The 2018 edition of the International Building Code as published by the International Code Council (ICC), including Appendix E, as adopted and amended by the Washington State Building Code Council (WSBCC) in Section 51-50-003 WAC is hereby adopted by reference. Additionally, Appendix B of the 2018 International Building Code is adopted by reference by the City of Port Orchard. 2. The 2018 edition of the International Residential Code as published by the ICC and as adopted and amended by the WSBCC in Section 51-51-003 WAC, Additionally, Appendix M of the International Residential Code is adopted by reference by the City of Port Orchard. 3. The 2018 edition of the International Mechanical Code, as published by the ICC, as adopted and amended by the WSBCC in Section 51-52-003 WAC is hereby adopted by reference by the City of Port Orchard; 4. The 2018 edition of the International Fire Code, as published by the ICC, as adopted by the WSBCC in Section 51-54A WAC is hereby adopted by reference. Additionally, Appendix B of the International Fire Code is adopted by reference by the City of Port Orchard and portions of Appendix D are adopted as shown in POMC 20.200.016; 5. The 2018 edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, and as adopted and amended by the WSBCC in Section 51-56-003 WAC is hereby adopted by reference; 6. The 2018 Edition of the International Energy Conservation Code, Commercial, as adopted and amended by the Washington State Building Code Council in Chapter 51-11C WAC; 7. The 2018 edition of the International Energy Conservation Code, Residential, as adopted and amended by the Washington State Building Code Council in Chapter 51-11R WAC; 8. The current edition of the International Property Maintenance Code, as published by the ICC; and 9. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings together with the appendices, as published by the International Conference of Building Officials, is hereby adopted, except that references to the uniform codes shall be replaced with the appropriate technical codes and sections as adopted by the city. A copy of the codes referenced herein shall be kept on file with the city clerk. 20.200.010 Conflicts between codes. In case of conflict among any of the codes referenced in POMC 20.200.008 as adopted and subsequently amended by this chapter the first named code as located in POMC 20.200.008 and the amendments thereto shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. 20.200.012 Local amendments of International Building Code. 1. IBC Section 101.1 is amended as follows: 101.1 Title. These regulations shall be known as the Port Orchard Building Code herein referred to as "this code." 2. IBC Section 105.2, entitled "Work exempt from permit," subsection "Building:" is hereby amended to read as follows: Building: (1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2). (2) Fences not over 6 feet high. (3) Oil derricks. (4) Retaining walls which are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. (5) Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1. (6) Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route. (7) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. (8) Temporary motion picture, television and theater stage sets and scenery. (9) Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground. (10) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. (11) Swings and other playground equipment accessory to detached one- and two-family dwellings. (12) Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies. (13) Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height. 3. IBC Section 105.5, entitled "Expiration," is hereby amended to read as follows: 105.5 Expiration. A. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. B. Notwithstanding the above, if the City has issued a Land Disturbing Activity Permit and/or Stormwater Drainage Permit under Chapters 20.140 and/or 20.150 POMC in conjunction with a building permit for the same site, then the building permit shall expire concurrent with and under the same terms as set forth in Chapters 20.140 and/or 20.150 POMC as the issued Land Disturbing Activity Permit and/or Stormwater Drainage Permit. 4. IBC Section 111.1 is amended to read as follows: 111.1 Use and Occupancy. A. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2. B. When a building is constructed with future tenant spaces to be finished or occupied at a later date, a shell only certificate of occupancy shall be issued. A separate tenant improvement permit is required for each tenant space prior to any tenant occupancy. C. A certificate of occupancy shall be required prior to occupancy when there is a change in tenant whether or not construction or alterations are performed or proposed and regardless of the use or occupancy classification. Exceptions: 1. R-3 occupancies. 2. Group U occupancies. 3. Individual dwelling units of R-1 and R-2 occupancies. 4. Individual rental units of mini -storage buildings with S occupancy classification. 5. A second business in the same location as another tenant with the same use classification which already has a Certificate of Occupancy for the space. 6. Individual business license holders within a space with a current Certificate of Occupancy. 7. A business that changes ownership but does not change location, business name, use, or make any structural changes. The new owner is required to provide ownership and business license information to the Department of Community Development Permit Center. An updated certificate will be issued to the new owner. 4 8. A business that changes its name but does not change location, ownership, use, or make any structural changes. The owner is required to provide updated business license information showing the name change to the Department of Community Development Permit Center. An updated certificate will be issued with the new business name. D. When a Certificate of Occupancy is required, or a business's ownership or name is changed, an application shall be submitted to the Department of Community Development Permit Center using the applicable city form, along with supporting documentation as required. The fee shall be as adopted under the city's current fee schedule resolution. 5. IBC 903.2.1.1 is hereby adopted to read as follows: 903.2.1.1 Group A -I. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists: An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet (929 m2); 2. The fire area has an occupant load of 300 or more; 3. The fire area is located on a floor other than the level of exit discharge; or 4. The fire area contains a multi theater complex. 6. IBC Section 903.2.1.3 is hereby adopted to read as follows: 903.2.1.3Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet (929 m2); 2. The fire area has an occupant load of 300 or more; or 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. 7. IBC Section 903.2.1.4 is hereby adopted to read as follows: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet (929 m2); 2. The fire area has an occupant load of 300 or more; or 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. 8. IBC Section 903.2.13 is hereby adopted to read as follows: 903.2.13 Group B. An automatic sprinkler system shall be provided for Group B occupancies where the fire area exceeds 10,000 square feet. 9. IBC Section 903.2.4 is hereby adopted to read as follows: 903.2.4 Group F. An automatic sprinkler system shall be provided throughout all buildings containing Group F occupancy where one of the following conditions exists: 1. Where a Group F fire area exceeds 10,000 square feet (929 m2); 2. Where a Group F fire area is located more than three stories above grade plane. 3.The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2). 4.A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet (232 m2). 10. IBC Section 903.2.7 is hereby adopted to read as follows: 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 1. Where a Group M fire area exceeds 10,000 square feet (929 m2); 2. Where a Group M fire area is located more than three stories above grade plane. 3.The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2). 4.A Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet (464 m2). 0 20.200.014 Local amendments of International Residential Code. 1. IRC Section 101.1 is amended as follows: 101.1 Title. These regulations shall be known as the Port Orchard Residential Code for One- and Two - Family dwellings and will be referred to herein as "this code." 2. IRC Section 105.2, entitled "Work exempt from permit," subsection "Building:" is hereby amended to read as follows: Building: (1) One-story detached accessory structures, provided that the floor area does not exceed 200 square feet (18.58 m2). (2) Fences not over 6 feet (2134 mm) high. (3) Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. (4) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. (5) Sidewalks and driveways. (6) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. (7) Prefabricated swimming pools that are less than 24 inches (610 mm) deep. (8) Swings and other playground equipment. (9) Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. (10) Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling do not serve the exit door required by Section R311.4. (11) Roof covering replacement (re -roofing) provided the roof area does not exceed 2100 square feet (21 squares) and further provided the existing sheathing remains in place and no structural work is performed. (12) Residential siding replacement providing the area does not exceed 1000 square feet and further provided the existing sheathing remains in place and no structural work is performed. .. The remainder of section 105.2 remains unamended. (2) IRC Table R301.2(1) is hereby amended by adding the following into the corresponding table blanks: (i) Ground Snow Load = 25 Ibs psf 7 (ii) Wind Speed = 110 mph Topographic Effects = No Special Wind Region = No Wind -Born Debris Zone = No(iii) Seismic Design Category = D2 (iv) Weathering = Moderate (v) Frost Line Depth = 12 inches (vi) Termite = Slight to Moderate (vii) Decay = Moderate to Severe (ix) Winter Design Temp = 26 (x) Ice Shield Underlayment Required = No (xi) Flood Hazards = (a) 1980, (b) 1980 (xii) Air Freezing Index = 148 (xiii) Mean Annual Temp = 51.4 3. R313.2One- and two-family dwellings automatic fire sprinkler systems is hereby amended to read as follows: R313.2One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings where the fire area exceeds 4999 square feet. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. 4. R313.2 Is hereby amended to add the following new subsection R313.2.1 as follows: R313.2.1Design and installation. Automatic residential fire sprinkler systems for one -and two- family dwellings shall be designed and installed in accordance with Section P2904 or NFPA 13D. N 20.200.016 Local Amendments to the International Fire Code. 1. IFC Section 101.1 is amended as follows: 101.1 Title. These regulations shall be known as the Port Orchard Fire Code and will be referred to herein as "this code." 2. IFC Section 202 is amended as follows: (1) Whenever "municipality" is used in the International Fire Code, it means the city of Port Orchard. (2) Whenever "jurisdiction" is used in the International Fire Code, it means the City of Port Orchard. (3) Whenever "department of fire prevention" is used in the international Fire Code, it means the fire department serving the jurisdiction. (4) Whenever "Fire Code Official" is used in the international Fire Code it means the Building Official or other designated authority charged with the administration and enforcement of the code, or a duly authorized representative. (5) Whenever "counsel" is used in the code, it means the city attorney. (6) Whenever "police" is used in the code, it means the city of Port Orchard police department. (7) Whenever "fire area" is used in the International Fire Code, it means the total floor area of all floor levels within the exterior walls and under the horizontal projections of the roof of a building. (8) Whenever "governing body" is used in the International Fire Code, it means the city council of Port Orchard. 3. IFC Section 503 is hereby adopted to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every building, facility or portion of building or facility hereafter constructed or moved into or within the jurisdiction. The fire apparatus access shall comply with the requirements of this section and shall extend to within 150 feet (45720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building or facility. Exceptions: 1. The fire code official is authorized to increase the dimension of 150 feet (45720 mm) where any of the following conditions occur: 1.1 The building is equipped with an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 1.2 Fire apparatus access roads cannot be installed because of location on property, topography, critical areas, waterways, non-negotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.3 There are not more than two (2) Group R-3 (single-family dwellings) or Group U occupancies. 1.4 Where the fire apparatus access road serves only residential accessory building/occupancies (private garages, carports, sheds, agricultural buildings), as defined by the International Building Code. 2.Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities. 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 503.1.3 High -piled storage. Fire department vehicle access to buildings used for high -piled combustible storage shall comply with the applicable provisions of Chapter 32. 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), inclusive of bike lanes, shoulders, flat and mountable curbs, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds (34 050 kg). 503.2.4 Turning Radius: The required turning radius of a fire apparatus access road shall be consistent with the city's public works standards and where no standard is specified in the public works standards, shall be determined by the fire code official. 10 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official. 503.2.7. Grade. The grade (slope) of fire apparatus access roads shall not exceed 12% as measured from the roadway centerline. At no point along the centerline shall the road grade exceed 12%. Exception: The grade of the fire apparatus access road may be increased if buildings or facilities are equipped with an approved automatic fire sprinkler system when approved by the fire district chief and Fire Code Official. 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. 503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING —FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. 503.4 Obstructions of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. When posted in accordance with section 503.3, owners or operators of vehicles shall be liable for a fine in accordance with The Police Department may assist the Fire Code Officials with enforcement of this section. 503.4.1Traffic calming devices. Traffic calming devices shall be prohibited unless approved by the Public Works Director after soliciting input on the proposed device from the Fire Chief and Fire Code Authority. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. 11 503.5.1 Secured gates and barricades. Where required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5shall not be trespassed on or used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not apply to public officers acting within the scope of duty. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. 503.7 Residential Non -Conforming Existing Private Access . Group R-3, R-4, or Group U occupancies allowed on an existing, non -conforming private access if a residential sprinkler system is installed in each new structure. Exception: There are not more than two Group R-3, R-4, or Group U occupancies. 4. 903.2.1.1 Group A-1 is hereby adopted to read as follows. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet (929 m2); 2. The fire area has an occupant load of 300 or more; 3. The fire area is located on a floor other than the level of exit discharge; or 4. The fire area contains a multi theater complex. 5. 903.2.1.3 Group A-3 is hereby adopted to read as follows. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet (929 m2); 2. The fire area has an occupant load of 300 or more; or 3. The fire area is located on a floor other than the level of exit discharge. 12 Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. 6. 903.2.1.4 Group A-4 is hereby adopted to read as follows. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet (929 m2); 2. The fire area has an occupant load of 300 or more; or 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. 7. 903.2.13 Group B. An automatic sprinkler system shall be provided for Group B occupancies where the fire area exceeds 10,000 square feet. 8. 903.2.4 Group F is hereby adopted to read as follows. An automatic sprinkler system shall be provided throughout all buildings containing Group F occupancy where one of the following conditions exists: 1. Where a Group F fire area exceeds 10,000 square feet (929 m2); 2. Where a Group F fire area is located more than three stories above grade plane. 3.The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2). 4.A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet (232 m2). 9. 903.2.7 Group M is hereby adopted to read as follows. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 1. Where a Group M fire area exceeds 10,000 square feet (929 m2); 2. Where a Group M fire area is located more than three stories above grade plane. 3.The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2). 4. A Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet (464 m2). 13 10. 903.2.9 Group S-1 is hereby adopted to read as follows. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. A Group S-1 fire area exceeds 10,000 square feet (929 m2). 2. A Group S-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines exceeds 24,000 square feet (2230 m2). 4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2). 5. A group S-1 occupancy used for self -storage where the fire area exceeds 2,500 square feet (232 m2). All other subsections of IFC 903.2.9 remain unamended. 11. Appendix D. The following sections of IFC Appendix D are hereby adopted to read as follows: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code as adopted and amended in this chapter. D102.1 Access and Loading. [This section is not adopted]. D103.1 Access road width with a hydrant. [This section is not adopted] D103.2. Grade. [This section is not adopted] D103.3 Turning Radius. [This section is not adopted] D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4. D103.5. Fire apparatus access gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1.Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 12 feet (3658 mm). 2.Gates shall be of the swinging or sliding type. 3.Construction of gates shall be of materials that allow manual operation by one person. 4.Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 14 S.Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6.Methods of locking shall be submitted for approval by the fire code official. 7.Electric gate operators, where provided, shall be listed in accordance with UL 325. 8.Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. D103.6. Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING —FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2. SIGN TYPE ".A" SIGN TYPE '-C" SIGN TYPE "D" NO No NO PARKING PARKING PARKING FIRE LANE FIRE LANE FIRE LANE 12" �I — 12" —I 12" I FIGURE D103.6 FIRE LANE SIGNS D104. [This section is not adopted] D105. Aerial Fire Apparatus Access Road. This section shall not apply to the D105.1 Where required. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 20 feet (7925 mm), inclusive of bike lanes, shoulders, flat and mountable curbs, in the immediate vicinity of the building or portion thereof. D105.3 Proximity to building. One or more of the required access routes meeting this condition shall be located not less than 15 feet (4572 mm) and not greater than 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official. 15 D106 [This section is not adopted] D107 [This section is not adopted] 20.200.018 Appeals. Whenever the fire code 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 30 days from the date of the decision in accordance with Section 108 of the 2018 Edition of the International Fire Code, as adopted herein. 20.200.020 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 for each and every such violation and noncompliance respectively be subject to the penalties and provisions specified in POMC 20.200.022. (2) Each day or portion of a day in which a violation occurs or is allowed to continue shall constitute a separate offense and may be punished as such. 20.200.022 Penalties and other relief. (1) Civil Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of this chapter, as specified in POMC 20.200.020, shall constitute a civil infraction subject to a penalty in the amount of $250.00, not including statutory penalties, per violation; (2) Criminal Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of this chapter, as specified in POMC 20.204.060, shall constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment; (3) Nuisance, Abatement, and Injunctive Relief. In addition or alternative to any other provision of this chapter, any violations of this chapter, or of any lawful notice or order issued hereunder shall constitute a public nuisance. The fire code authority or designee shall have the right to seek injunctive relief in a court of competent jurisdiction, to abate such violation as a public nuisance or dangerous building, or to exercise any and all other legal remedies to stop and/or correct such violations.; (4) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the director or his/her designee may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of the provisions of this chapter; (5) Other Remedies. In addition or as an alternative to any other remedies provided herein, the fire code authority or designee may issue stop work orders, notices to vacate and/or keep out, and other lawful 16 notices and orders. Any person removing such notices and orders without the permission of the fire authority or designee shall be guilty of a misdemeanor; and (6) Recovery of Expenses. All expenses incurred by the City in correcting the violation shall be billed to the property owner and/or person responsible for the violation, and shall become due and payable to the City within 10 calendar days. Such costs may include, but are not limited to, the following: (a) "Legal expenses," which shall include, but are not limited to: (i) Personnel costs, both direct and indirect, including attorney's fees and all costs incurred by the City attorney's office or its designee; (ii) Actual and incidental expenses and costs incurred by the City in preparing notices, contracts, court pleadings, and all other necessary documents; and (iii) All costs associated with retention and use of expert witnesses or consultants. (b) "Abatement expenses," which shall include, but are not limited to: (i) Costs incurred by the City for preparation of notices, contracts, and related documents; (ii) All costs associated with inspection of the abated property and monitoring of said property consistent with orders of compliance issued by the City's hearing examiner or a court of competent jurisdiction; (iii) All costs incurred by the City for hauling, storage, disposal, or removal of vegetation, trash, debris, dangerous structures or structures unfit for occupancy, potential vermin habitat or fire hazards, junk vehicles, obstructions to public rights -of -way, and setback obstructions; (iv) All costs incurred by law enforcement or related enforcement agencies; (v) All costs incurred by the City during abatement of nuisance and code violations may include interest in an amount as prescribed by law; and (c) The City shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity. 17 Port Orchard Municipal Code Chapter 15.28 FIRE HYDRANT INSTALLATION Chapter 15.28 FIRE HYDRANT INSTALLATION Sections: 15.28.010 Applicability. 15.28.020 Definitions and abbreviations. 15.28.030 Plans. 15.28.040 Timing of installation. 15.28.050 Number of hydrants required. 15.28.060 Location of hydrants. 15.28.070 Materials and installation. 15.28.080 Water mains. 15.28.090 Hydrant workmanship. 15.28.100 Hydrant obstructions. 15.28.110 Hydrant protection. 15.28.120 Prohibited installation. 15.28.130 Exemption. 15.28.140 Interpretation, purpose and conflict. 15.28.150 Violation — Penalty. Page 1/3 15.28.010 Applicability. (1) All buildings constructed within the city shall be served by fire hydrants installed in accordance with the requirements of this chapter. In addition, existing fire hydrants which do not conform with the requirements and standards of this chapter, when replaced, shall be replaced with hydrants which conform to the standards and requirements of this chapter. (2) No building shall be constructed within the city unless there is an approved water supply system with hydrants capable of supplying the required fire flow for the classification of the building to be constructed. Any cost incurred to bring the system up to required standards shall be the responsibility of the property owner. 15.28.020 Definitions and abbreviations. (1) Whenever a reference is made to any portion of this code or any other applicable law or ordinance, the reference applies to all amendments and additions now or hereafter made. (2) For the purpose of this chapter, the following words, terms, phrases and their derivations shall have the meaning given in this section unless the context otherwise indicates. Words used in the present tense include the future; words in the plural include the singular, and the singular the plural. The word "shall" is always mandatory. (a) "AWWA" means the American Water Works Association. (b) "Fire authority" means the Building Official or their designee for the purposes of the code section. (c) "Flush hydrant" means a hydrant installed entirely below grade. (d) "LID" means a local improvement district as authorized by RCW 57.16.060. (e) "Standard specifications" means the "Standard Specifications for Municipal Public Works Construction" prepared by Washington State Chapter, American Public Works Association, current edition. (f) "IBC" means the International Building Code as adopted, including amendments, by the city of Port Orchard. (g) "IFC" means the International Fire Code as adopted, including amendments, by the city of Port Orchard. The Port Orchard Municipal Code is current through Ordinance 058-21, passed November 23, 2021. Port Orchard Municipal Code Chapter 15.28 FIRE HYDRANT INSTALLATION Page 2/3 (h) "Water authority" means the city engineer, his appointee or any other approved entity distributing water to fire hydrants within the city of Port Orchard. 15.28.030 Plans. Two copies of detailed plans or drawings, accurately indicating the location of all valves and fire hydrants to be installed, shall be submitted to and approved by the fire authority prior to the commencement of any construction. 15.28.040 Timing of installation. (1) The UFC shall govern. The developer shall provide written notification to the appropriate water authority and fire authority of the date of installation and expected date of serviceability of fire hydrants. (2) The developer shall provide written notification to the fire authority when all newly installed hydrants or mains are placed in service. 15.28.050 Number of hydrants required. The fire authority will determine the number of fire hydrants to be installed in accordance with UFC. 15.28.060 Location of hydrants. (1) The fire authority shall determine the location of the hydrants based upon a determination of utility, topography and building location. (2) The UFC shall govern the location of fire hydrants required by this chapter. All provisions of this code shall govern unless specifically excluded or modified by statements in the body of this chapter. (3) Fire hydrants shall be within 400 feet of each other. Where this is not feasible, the distance between fire hydrants shall be determined by the fire authority and approved by the water authority. (4) Hydrants shall be a minimum of 50 feet away from the building or structure. Where that is impossible, they shall be set where chance of injury by falling walls is small and from which men are not likely to be driven by smoke or heat. 15.28.070 Materials and installation. (1) The document entitled "Standard Specification for Municipal Public Works Construction" shall be the specification which shall govern the material and installation of hydrants and water lines required by this chapter. (2) All provisions of these specifications as they relate to the activities required by this chapter shall govern unless specifically excluded or modified by statements in the body of this chapter. 15.28.080 Water mains. (1) All newly installed mains shall be a minimum of eight inches in diameter. All new mains shall be constructed as loop systems where appropriate as determined by the water authority. A minimum 10-foot easement will be required for mains constructed on private property. (2) The leads from the service main to the hydrant shall be no less than six inches in diameter. Any hydrant leads over 50 feet in length from the water main to the hydrant shall be no less than eight inches in diameter. 15.28.090 Hydrant workmanship. (1) All hydrants shall stand plumb and be set with the lowest outlet of the hydrant not less than 18 inches above grade. (2) Each hydrant shall be equipped with two -and -one -half -inch outlets and a steamer port with four -and -one -half -inch outlet National Standard Thread. The steamer port shall also be equipped with five -inch Storz quarter turn coupling complete with cover. Exception: When it is determined by the fire authority and the city engineer that the Storz coupling is no benefit to the fire authority, this requirement may be waived, and a standard four -and -one -half -inch National Standard Thread steamer port be allowed. The Port Orchard Municipal Code is current through Ordinance 058-21, passed November 23, 2021. Port Orchard Municipal Code Page 3/3 Chapter 15.28 FIRE HYDRANT INSTALLATION (3) The steamer port shall face the street. Where the street cannot be clearly defined, the fire authority will determine the appropriate alignment of the ports. (4) There shall be a cleared and level area around the hydrant with a minimum radius of 36 inches. 15.28.100 Hydrant obstructions. Hydrants shall not be obstructed by any structure or vegetation that would impair sight visibility of the hydrant within a distance of 150 feet in any direction of vehicular approach to the hydrant. 15.28.110 Hydrant protection. Fire hydrants shall be adequately protected against vehicular damage, when deemed necessary by the fire authority. 15.28.120 Prohibited installation. The installation of flush -type hydrants is prohibited unless approved by the fire authority. 15.28.130 Exemption. Where the fire authority determines that practical difficulties, unnecessary hardships, or results inconsistent with the general intent of this chapter would occur from its strict literal interpretation and enforcement, an exemption from the requirements of this chapter may be granted, provided: (1) The structure is entirely surrounded and adjoined by public space, street or yards not less than 60 feet in width; (2) The owner agrees to sign a "no protest agreement" to take part in an LID when one is proposed for the installation of fire mains and hydrants. This agreement shall be a covenant running with the land and shall be binding upon all parties and their heirs and assigns until the permanent water main and hydrants conform to the standards and requirements of this chapter. 15.28.140 Interpretation, purpose and conflict. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public safety. It is not intended by the chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction, the provisions of this chapter shall govern. It is to be noted, however, that where private restrictions are greater than those imposed by this chapter, they are not superseded by the provision of this chapter. 15.28.150 Violation — Penalty. A violation of any section or provision of this chapter is a misdemeanor punishable by a fine of not more than $250.00 for each offense. Each day upon which a violation occurs or continues constitutes a separate offense. The Port Orchard Municipal Code is current through Ordinance 058-21, passed November 23, 2021. Port Orchard Municipal Code Chapter 5.60 FIREWORKS Chapter 5.60 FIREWORKS Sections: 5.60.005 Definitions. 5.60.010 Permit and state license required — Fee. 5.60.015 Fireworks permits — Forms and deadlines. 5.60.020 Conditions for sales of fireworks and public display — Permit issuance. 5.60.030 Temporary stands. 5.60.040 Number of licenses and stands limited. 5.60.050 Exploding fireworks legal period designated. 5.60.055 Prohibition due to extreme fire danger. 5.60.060 Chapter supplementary to state law. 5.60.070 Violations — Penalty. 5.60.080 Enforcement. Page 1/3 5.60.005 Definitions. (1) "Fireworks" means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of "articles pyrotechnic' or "consumer fireworks" or "display fireworks" as set forth in Chapter 70.77 RCW. (2) "Consumer fireworks" means smaller fireworks designed primarily for use by consumers, as further defined by RCW 70.77.136 and WAC 212-17-025. (3) "Display fireworks" means larger fireworks designed primarily for display and classified as such by the U.S. Department of Transportation, as further defined by RCW 70.77.131 and WAC 212-17-025. (4) "Public display" means an entertainment feature where the public is or could be invited, admitted and/or permitted to view the display or discharge of display fireworks. (5) "Extreme fire danger" means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected, and fire growth will be accelerated. (6) "Fire authority" means the fire chief of the South Kitsap Fire and Rescue District or his/her designee for the purposes of this Chapter. (7) "Retail sales" means any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. 5.60.010 Permit and state license required — Fee. No person, firm or corporation shall import, manufacture, transport (except as a public carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale or discharge fireworks inside the city limits of the city of Port Orchard without first obtaining a permit from the city and a license from the state of Washington. The fee for obtaining a city permit shall be $100.00 per year payable in advance. 5.60.015 Fireworks permits — Forms and deadlines. (1) Applications for permits required by this chapter shall be submitted to the City in such form and detail as prescribed by the City, in consultation with the fire authority. A separate application shall be required for each site and activity. Applications shall include, at a minimum: (a) The application fee; (b) Copy of appropriate state licenses; (c) A site or discharge plan; The Port Orchard Municipal Code is current through Ordinance 058-21, passed November 23, 2021. Port Orchard Municipal Code Page 2/3 Chapter 5.60 FIREWORKS (d) The names, addresses and telephone numbers of the applicant(s) and responsible party(ies); and (e) When applicable, a description of the proposed activity detailing how it satisfies the conditions set forth under POMC 5.60.020. (2) Permit applications shall be received by the DCD permit center for review by the fire authority: (a) No later than 4:30 p.m. on the last official city work day in May for retail sales; (b) No later than 4:30 p.m. at least 40 business days prior to the date of an intended public display; and (c) Prior to commencing a permitted activity for all other uses. (4) Permits issued pursuant to this chapter are nontransferable. 5.60.020 Conditions for sales of fireworks and public display — Permit issuance. A permit for the sale of fireworks or for public display shall be issued only upon the following terms and conditions: (1) The applicant shall have a valid and subsisting license issued by the state of Washington authorizing the holder thereof to engage in the fireworks business, a copy of which shall be filed with the DCD permit center. (2) For sales of fireworks, the applicant shall obtain a business license from the city. (3) The applicant shall have and keep in full force and effect a policy of insurance approved by the city attorney saving the city harmless for any acts of the licensee in the following amounts: $500,000 or more for injury to any one person in one accident or occurrence, $1,000,000 for injury to more than one person for any one accident or occurrence, $300,000 for injury to property in any one accident or occurrence. Proof of insurance coverage shall be included with the application for a permit and shall be filed with the DCD permit center. (4) For sales of fireworks, the location of the proposed place of business shall comply with the zoning ordinances of the city. (5) Applicant shall post a $50.00 deposit conditioned upon the prompt removal of the temporary stand and/or the cleaning up of all debris from the site. If the applicant removes such temporary stand and cleans up all the debris before the tenth day of July each year, he shall be entitled to the return of his $50.00 deposit. (6) Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in that the City, in consultation with the fire authority, shall determine whether the proposed display would pose a hazard to property or a danger to persons. The City, in consultation with the fire authority, shall prepare a written report detailing the findings and recommendations for or against the issuance of the permit. The fire authority report shall be filed with the DCD permit center. 5.60.030 Temporary stands. All safe and sane consumer fireworks shall be sold only from temporary stands and must conform to the written rules and regulations of the City and fire authority. 5.60.040 Number of licenses and stands limited. (1) Fourth of July Holiday Period. Each permittee shall be issued a fireworks permit annually and is entitled to only one retail sales outlet. 5.60.050 Exploding fireworks legal period designated. No person shall use or explode any fireworks within the city except from 11:00 a.m. to 11:00 p.m. on the fourth day of July of any year and except where public displays are authorized pursuant to the laws of the state of Washington. 5.60.055 Prohibition due to extreme fire danger. The mayor, after consulting with the fire authority, and other officials as may be deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire danger. In addition, the city council may, after conducting a public hearing, adopt by resolution emergency limitations or prohibitions on the sale of fireworks The Port Orchard Municipal Code is current through Ordinance 058-21, passed November 23, 2021. Port Orchard Municipal Code Chapter 5.60 FIREWORKS Page 3/3 during periods of extreme fire danger. Such emergency limitations or prohibitions shall be temporary and the reasons necessitating the emergency limitations or prohibitions shall be clearly defined in the resolution. 5.60.060 Chapter supplementary to state law. This chapter is intended to implement Chapter 70.77 RCW and shall be construed in connection with the law and any and all rules or regulations issued pursuant thereto. 5.60.070 Violations — Penalty. (1) Any person failing to comply with Chapter 70.77 RCW or any rules or regulations of the State Fire Marshal, the City, or the fire authority shall be guilty of a violation of this chapter. (2) Any person violating any of the provisions or failing to comply with the mandatory requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation or any provision of this chapter is committed, continued or permitted by any such person. 5.60.080 Enforcement. The City Building Official or duly authorized representative is designated as the enforcing officer of this chapter. The Port Orchard Municipal Code is current through Ordinance 058-21, passed November 23, 2021.