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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 Ordinance No. 1698 is hereby repealed.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