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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 Effective January 3, 1998 Ordinance No. 1678, 1638, 1111 and 1278 are hereby repealed.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