ORD NO. 2016-13 AMENDMENTS TO THE FIRE CODEORDINANCE NO. 2016-13
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the fire code and regulation of fire hydrants; amending
Sections 13.10.120, 20.04.010, 20.04.030, 20.04.040, 20.04.080,
20.04.100, 20.12.020, and 20.12.060; adding a new Section
20.04.065 and 20.04.140; and repealing Section 20.04.090 and
Chapter 20.08 of the Bainbridge Island Municipal Code (BIMC).
WHEREAS, the City Council desires to amend the City's fire code provisions in BIMC
Chapter 20.04 to reflect changes made in the International Fire Code, 2015 Edition; and
WHEREAS, the Bainbridge Island Fire Department has recommended that BIMC
Chapter 20.08, relating to fire safety requirements for designated multifamily residential
buildings, be rescinded as the purpose of the chapter has been accomplished; and
WHEREAS, the Bainbridge Island Fire Department has further recommended a change
to BIMC Chapter 13.10 relating to the regulation of fire hydrants and water mains;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 13.10.120 of BIMC Chapter 13. 10, Regulation of Fire Hydrants
and Water Mains, is hereby amended to read as follows:
13.10.120 Surrounding Vegetation Prohibited.
A three-foot (914 mm) clear space shall be maintained around the circumference
of fire hydrants fire sprinkler system indicator valves and fire department
connections. Access along the normal route of travel shall not be impeded except
as otherwise required or approved.
Section 2. Section 20.04.0 10 of BIMC Chapter 20.04 is hereby amended to read as
follows:
20.04.010 Code adopted by reference.
The following codes are adopted by reference subject to the amendments set forth
in BIMC 20.04.010 through 20.04.130:
A. The International Fire Code, 24t2 2015 Edition, published by the International
Code Council, and as amended as set forth in Chapter 51-54A WAC, and adopted
by the State Building Code Council, with the addition of the following
appendices: Appendix B (Fire Flow Requirements) as amended in
BIMC 20.04.110, Appendix C (Fire Hydrant Locations and Distribution) as
amended in BIMC 20.04.120, Appendix D (Fire Apparatus Access Roads) as
amended in BIMC 20.04.130, Appendix E (Hazard Categories), Appendix F
(Hazard Ranking), Appendix G (Cryogenic Fluids — Weight and Volume
Equivalents), and Appendix H (Hazardous Materials Management Plan (HMMP)
and Appendix N (2015 Wildlatld aml Urban Interface Code) as annen(led in BIMC.
20.04.140, and Hazardous Materials Inventory Statement (HMIS) Instructions)
(the "International Fire Code")
Section 3. Section 20.04.030 of BIMC Chapter 20.04 is hereby amended to read as
follows:
20.04.030 Amendments to Section 108.
.................... .. ...............................,......................
Section 108 of the International Fire Code is amended to read as follows:
SECTION 108
108.1 Appeals.
A. General. Except for civil infractions, misdemeanors and civil
penalties imposed pursuant to BIMC 20.04.040, the fire chief of the
Bainbridge Island Fire Department and city hearing examiner shall
have the authority to hear and decide appeals of orders, decisions
and/or determinations made by the fire code official relative to the
application and interpretation of the city fire code.
B. Review by Fire Chief. A person or entity that is directly affected
by an order, decision and/or determination made by the fire code
official may request that the fire chief review said order, decision
and/or determination. Any request for review must be submitted to
the fire chief within 14 calendar days of issuance of the order,
decision and/or determination. The request shall state the grounds
for the review and shall be filed with the fire chief. If no such
request for review is filed within the required timeline, the order,
decision and/or determination of the fire code official shall be final.
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C. Appeal. The decision of the fire chief regarding any request for
review may be appealed to the city hearing examiner within 14
calendar days of issuance of said decision. The appeal must be filed
with the city clerk and in accordance with BIMC 2.16.130. The
appeal shall be considered in accordance with the process set forth in
BIMC 2.16.130. If no such appeal is filed within the required
timeline, the decision of the fire chief shall be final.
D. Limitations on Authority. An application for appeal shall be
based on a claim that the true intent of the city fire code or the rules
legally adopted thereunder have been incorrectly interpreted, the
provisions of the city fire code do not fully apply or an equally good
or better form of construction is proposed. The fire chief and/or
hearing examiner shall have no authority to waive requirements of
the this code.
E. Conflict. In the event and to the extent the language of this section
conflicts with language of the codes and/or appendices adopted by
reference in BIMC 20.04.010, the language of this section shall
prevail over the language it conflicts with in any said code and/or
appendix.
Section 4. Section 20.04.040 of BIMC Chapter 20.04 is hereby amended to read as
follows
20.04.040 Amendments to Section 109.
Section 109 of the International Fire Code is amended to read as follows:
SECTION 109
VIOLATIONS
109.1 Unlawful acts. It shall be unlawful for a person, firm or
corporation to erect, construct, alter, repair, remove, demolish or
utilize a building, occupancy, premises or system regulated by this
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code, or cause same to be done, in conflict with or in violation of
any of the provisions of the eity fire eede this code.
109.2 Owner/occupant responsibility. Correction and abatement of
violations of this code shall be the responsibility of the owner or the
owner's authorized _agent. If an occupant creates, or allows to be
created, hazardous conditions in violation of this code, the occupant
shall be held responsible for the abatement of such hazardous
conditions.
109.3 Notice of violation. When the fire code official (or designee)
finds a building, premises, vehicle, storage facility or outdoor area that
is in violation of the this code, the fire code official or
(designee) is authorized to prepare a written notice of violation
describing the conditions deemed unsafe and wticrc; compliance is not
immediate, specifying a time for reinspection.
109.3.1 Service. A notice of violation issued pursuant to this code
shall be served upon the owner, operator, occupant, or other person
responsible for the condition or violation, either by personal service,
mail, or by delivering the same to, and leaving it with, some person of
responsibility upon the premises. For unattended or abandoned
locations, a copy of such notice of violation shall be posted on the
premises in a conspicuous place and the notice of violation shall be
mailed by certified mail with return receipt requested or a certificate
of mailing, to the last known address of the owner, occupant or both.
109.3.2 Compliance with orders and notices. A notice of violation
issued or served as provided by this code shall be complied with by
the owner, the owner's authorized agent operator, occupant or other
person responsible for the condition or violation to which the notice of
violation pertains.
109.3.3 Prosecution of violations. If the notice of violation is not
complied with promptly, the fire code official is authorized to request
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the city code enforcement official or prosecutor to institute the
appropriate legal proceedings at law or in equity to restrain, correct or
abate such violation or to require removal or termination of the
unlawful occupancy of the structure in violation of the provisions of
the city fire code or of the order or direction made pursuant hereto.
109.3.4 Unauthorized tampering. Signs, tags or seals posted or affixed
by the fire code official shall not be mutilated, destroyed or tampered
with or removed without authorization from the fire code official. Any
mutilation, destruction, tampering or removal of said signs, tags,
and/or seals is unlawful and a violation of the city fire code.
109.4 Violation penalties.
A. Civil Infraction. Except as provided in subsection B of this section,
conduct made unlawful by the city fire code shall constitute a civil
infraction and is subject to enforcement and fines as provided in
BIMC 1.26.035, including payment of a fine of not more than five
hundred dollars ($500.00) per violation for each day of noncompliance
and payment of court costs. A civil infraction under this section shall
be processed in the manner set forth in BIMC Chapter 1.26.
Enforcement of this code and the imposition of penalties for violations
of this code shall be by the Fire Code Official as provided for in
BIMC Chapter 1.26.
B. Misdemeanor. Any person who again violates this section within
twelve (12) months after receiving a notice of infraction pursuant to
subsection A of this section, commits a misdemeanor and any person
who is convicted thereof shall be punished as provided in BIMC
1.24.010.A.
C. Civil penalty. In addition to any civil infraction fine, criminal
penalty, and or other available sanction or remedial procedure, any
person engaging in conduct made unlawful by the city fire code shall
be subject to a cumulative civil penalty in the amount of $1,000 per
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day for each violation from the date set for compliance until the date
of compliance. Any such civil penalty shall be collected in accordance
with BIMC 1.26.090.
D. Additional Remedies. In addition to any other remedy provided by
this chapter or under the Bainbridge Island Municipal Code, the city
may initiate injunction or abatement proceedings or any other
appropriate action in courts against any person who violates or fails to
comply with any provision of this chapter to prevent, enjoin, abate,
and/or terminate violations of this chapter and/or to restore a condition
which existed prior to the violation. In any such proceeding, the
person violating and/or failing to comply with any provisions of the
city building code shall be liable for the costs and reasonable
attorney's fees incurred by the city in bringing, maintaining and/or
prosecuting such action.
E. In the event and to the extent the language of this section conflicts
with language of the codes and/or appendices adopted by reference in
BIMC 20.04.010, the language of this section shall prevail over the
language it conflicts with in any said code and/or appendix.
109.4.1 Abatement of violation. In addition to the imposition of the
penalties herein described, the fire code official is authorized to
institute appropriate action to prevent unlawful construction or to
restrain, correct or abate a violation; or to prevent illegal occupancy of
a structure or premises; or to stop an illegal act, conduct of business or
occupancy of a structure on or about any premises.
Section 5. A new section is hereby added to BIMC Chapter 20.04 to read as follows:
20.04.065 Amendment to Section 308.1.6.3
Section 308.1.6.3 of the International Fire Code is amended to read as follows:
308.1.6.3 Sky Lanterns. A person shall not release or cause to be
released an tintether-ed a sky lantern.
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Section 6. Section 20.04.080 of BIMC Chapter 20.04 is hereby amended to read as
follows:
20.04.080 Amendments to Section 503.
Section 503 of the International Fire Code is hereby amended to read as follows:
SECTION 503
FIRE APPARATUS ACCESS ROADS
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 facility, building or portion of a
building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the
requirements of this section and shall extend to within 150 feet of all
portions of the facility and all portions of the exterior walls of the
first story of the building as measured by an approved route around
the exterior of the building or facility.
Exception: The fire code official is authorized to increase the
dimension of 150 feet where:
1. The building is equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1,
903.3.1.2 or 903.3.1.3.
2. Fire apparatus access roads cannot be installed because of location
on property, topography, waterways, nonnegotiable grades or other
similar conditions, and an approved alternative means of fire
protection is provided.
3. There are not more than two Group R-3 or Group U occupancies.
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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 23.
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, except for approved
security gates in accordance with Section 503.6, and an unobstructed
vertical clearance of not less than 13 feet 6 inches, unless otherwise
approved by the fire marshal of the Bainbridge Island Fire
Department.
Exceptions:
1. The width may be reduced in residential areas consisting of only
single-family homes, providing the width is consistent with public
works street standards and not less than a 12 foot wide drivable
surface.
2. Public streets shall be in accordance with Public Works
Department street standards.
503.2.2 Authority. The fire code official shall have the authority to
require an increase in the minimum access widths where they are
inadequate for fire or rescue operations.
503.2.3 Surface. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall
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be surfaced so as to provide all-weather driving capabilities. (See
also Appendix D Section D102.1.)
503.2.4 Turning radius. The required turning radius of a fire
apparatus access road shall be determined by the fire code official.
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess
of 150 feet 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 Standard
Specification for Highway Bridges 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 when required by the fire code official.
Where elevated surfaces designed for emergency vehicle use are
adjacent to surfaces which are not designed for such use, approved
barriers, approved signs or both shall be installed and maintained
when required by the fire code official.
503.2.7 Grade. The grade of the fire apparatus access road shall be
based on the fire department apparatus and be within the limits
established by the fire code official.
503.2.7.1 Public Fire Apparatus Access Roadways. The grade of
public fire apparatus access roads shall be in accordance with Public
Works Department Standards but shall not exceed the limits set forth
in 503.2.7.2.
503.2.7.2 Private Fire Apparatus Access Roadways. The grade of
existing private fire apparatus access roads shall not exceed 12%.
Exception: Private fire apparatus access roads where grades are
greater than 12% but not exceeding 15% shall be paved, or in lieu of
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paving, shall have an automatic fire sprinkler system installed in any
new structure. Grades exceeding 15% will require the fire apparatus
access road to be paved, all new structures to be equipped with
automatic fire sprinkler systems, and special approval by the 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 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 — TOW AWAY ZONE 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 shall be replaced or repaired when necessary to provide
adequate visibility. The property owner(s) of the designated fire lane
shall have sole responsibility to install and maintain the required
signs and markings. Where required, signs shall be 12 inches by 18
inches in size with white background and red lettering, securely
attached to a fixed object or post. Signs shall be placed not less than
four feet nor more than six feet above grade level. Where required,
curbs shall be painted red on the sides and top with white lettering
not less than four inches high at 30 -foot intervals and read "No
Parking Fire Lane — Tow Away Zone" if signs are not provided.
503.4 Obstruction 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.
503.5 Required gates or barricades. The fire code official is
authorized to require the installation and maintenance of gates or
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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 UL325. Gates intended for automatic operation shall be
designed, constructed and installed to comply with the requirements
of ASTM F 2200.
503.5.1 Secured gates and barricades. When 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 503.5 shall 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 UL325. Gates intended for automatic operation shall be
designed, constructed and installed to comply with the requirements
of ASTM F 2200.
Section 7. Section 20.04.090 of BIMC Chapter 20.04 is hereby deleted in its entirety.
This section has been updated in the State amendments and identifies "approved methods"
including NFPA 1142 and/or the International Wildland Urban Interface Code.
Y
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Section 8. Section 20.04, 100 of BIMC Chapter 20.04 is hereby amended to read as
follows:
20.04.100 Amendments to Section 903.
Section 903 of the International Fire Code is hereby amended to read as follows:
903.2.4-413 Other automatic sprinkler system requirements.
Buildings within the city used for assembly, educational, industrial,
institutional, mercantile, storage, office and multifamily dwelling
purposes shall be equipped with fire protection systems. The plans
for all such systems must be approved in advance of construction by
the fire marshal. All sprinkler systems must meet the following
minimum requirements:
A. Sprinkler Systems Required.
1. A fully automatic sprinkler system designed, installed and tested
pursuant to the current edition of NFPA 13, NFPA 13R, or NFPA
13D, as determined by the fire marshal, shall be installed in all new
buildings in excess of 5,000 square feet total floor area.
2. A fully automatic sprinkler system meeting the standards set forth
in subsection A.1 of this section may be required by the chief of the
fire district for any new building in the city, when, in the judgment
of the shie€ fire code official, any of the following conditions exist:
hazardous operations, hazardous contents, critical exposure
problems, limited accessibility to the buildings, or other items which
may contribute to definite fire hazards.
3. All sprinkler systems installed after the effective date of the
ordinance codified in this subsection shall be equipped with a leak
detector meter which includes a double check valve assembly.
B. Conflicts. In the event that any provision of this section conflicts
with any provision of the Building Code or the Fire Code as adopted
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by the city, the more stringent (greatest protection) provision shall
apply.
C. Exceptions. The chief of the fire district and the city building
official shall have the authority to grant exceptions to the provisions
of this section. All such exceptions must be in writing and shall be
granted only where the required installation of a sprinkler system or
hose station would create a safety hazard or cause damage to the
building's contents.
D. Existing Buildings.
1. Existing fully sprinklered buildings, when remodeled or added
onto, shall retain the feature of being sprinklered in the remodeled or
added on portion.
2. If, by expanding an existing building, the resulting total structure
falls within the coverage of subsection A of this section, the entire
structure shall be fully sprinklered as required in subsection A.1 or
A.2 of this section, whichever may apply.
3. If a building permit is required in the remodeling of an existing
structure of 5,000 or more square feet total floor area as described in
903.2.14, the entire structure shall be fully sprinklered as required in
subsection A.1 or A.2 of this section, whichever may apply.
Section 9. A new section is hereby added to BIMC Chapter 20.04 to read as follows:
20.04.140 Amendments to Appendix N
Section 503 of the Wildland Urban Interface Code is adopted and amended to
read as follows:
503.1 General. Buildings and structures hereafter constructed, modified or
relocated into or within wildland urban interface areas shall have tin approved
noncombustible roof coverin ce
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Page 13
Section 507 of the Wildland Urban Interface Code is adopted:
507.1 General. The roof covering on buildings or structures in existence prior to
the adoption of this code that are replaced or have 25 percent or more replaced in
a 12 month period shall be replaced with an approved roof covering of
noncombustible material.
Section 10. BIMC Chapter 20.08, Fire Safety Requirements for Designated
Multifamily Residential Buildings, is hereby repealed in its entirety.
Section 11. Section 20.12.020 of BIMC Chapter 20.12 is hereby amended to read as
follows:
20.12.020 Definitions.
A. "Air pollution episode" means a period when a forecast, alert, warning or
emergency air pollution stage is declared by a state agency.
B. "Agricultural burning" means outdoor burning related to commercial
agricultural activities under Chapter 173-430 WAC, including, but not limited to,
any incidental agricultural burning or agricultural burning for pest or disease
control.
C. "Fire fighting instructional fires" means fires for instruction in the methods of
fire fighting.
D. "Fire protection agency" means the Bainbridge Island fire department.
E. "Impaired air quality" means a condition declared by an appropriate state
agency in which air contaminants exceed the amount established by regulation.
F. "Land clearing burning" means outdoor burning of trees, stumps, shrubbery, or
other natural vegetation from land clearing projects, including projects that clear
the land surface so it can be developed or for a different purpose.
G. "Natural vegetation" means unprocessed plant material from herbs, shrubbery,
and trees including grass, weeds, leaves, clippings, prunings, brush, branches,
roots, stumps and trunk wood.
H. "Outdoor burning" means any type of burning as specified in Chapter 173-
425 WAC, including the combustion of material of any type in an open fire or in
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an outdoor container without providing for the control of combustion or the
control of the emissions from the combustion.
I. "Recreational fire" means cooking fires, campfires, and bonfires using charcoal
or bare, untreated firewood that occur in designated areas or on private property
for cooking, pleasure or ceremonial purposes. A fire used for yard waste disposal
purposes is considered as residential burning, not a recreational fire.
J. "Residential burning" means the outdoor burning of natural vegetation
associated with yard and gardening refuse originating on land immediately
adjacent and in close proximity to a human dwelling and burned on such lands by
the property owner or his/her designee.
K. "Silvicultural burning" means outdoor burning associated with forest
management activities under Chapter 70.94 RCW.
M. "Storm or flood debris burning" means fires consisting of natural vegetation
deposited on lands by storms or floods that have resulted in an emergency being
declared by the city, county or state government; and are burned on such lands by
the property owner or his/her designee.
Sectioti 12. Section 20.12.060 of BIMC Chapter 20.12 is hereby amended to read as
follows:
20.12.060 Field response to complaints and enforcement.
A. The city and the prn fire department may enter into an
interlocal agreement that defines the specific responsibilities of each jurisdiction
for field response to outdoor burn complaints and enforcement.
B. The city (or its designated agent) will ascertain whether the outdoor burning is
legal or illegal and will take any corrective actions necessary to control or
extinguish an illegal or out of control fire.
C. The city (or its designated agent) may issue any infractions or penalties for
illegal or out of control outdoor fires as set forth in Chapter 1.26 BIMC.
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D. If the fire department responds to, controls or
extinguishes an illegal or out of control fire, the fire department may charge and
recover from the person responsible for the fire the costs of its response and
control action.
Section 13. This ordinance shall take effect and be in force five (5) days after its
passage, approval and publication as provided by law.
PASSED by the City Council this 12th day of July, 2016.
APPROVED by the Mayor this 12th day of July, 2016.
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, dily Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NO.
May 31, 2016
July 12, 2016
July 15, 2016
July 20, 2016
2016-13
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