ORD 2008-10 FIRE CODE UPDATEORDINANCE NO. 2008-10
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the fire code; repealing BIMC Chapter 8.12; repealing
Sections 15.04.090 and 15.04.095 of BIMC Chapter 15.04, repealing
BIMC Chapter 15.05; and repealing BIMC Chapter 15.24; amending
Section 1.26.010 of BIMC Chapter 1.26; amending Section 2.16.130 of
BIMC Chapter 2.16; amending Section 15.04.020 of BIMC Chapter
15.04, and adopting a new title, Title 20, Fire Code, including new BIMC
Chapters 20.04 (City Fire Code), 20.08 (Fire Safety Requirements for
Designated Multifamily Residential Buildings) and 20.12 (Burning
Restrictions).
WHEREAS, the Bainbridge Island Fire Department, in conjunction with City staff, has
recommended that the City's fire code provisions be amended and reorganized under one title;
and
WHEREAS, City Council desires to amend and reorganize the City's fire code
provisions and adopt a new title relating to the fire code; now; therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 8.12 of the Bainbridge Island Municipal Code (`BIMC") is
hereby repealed in its entirety.
Section 2.
Section 15.04.090 of BIMC Chapter 15.04 is hereby repealed.
Section 3.
Section 15.04,095 of BIMC Chapter 15.04 is hereby repealed.
Section 4.
BIMC Chapter 15.05 is hereby repealed in its entirety.
Section 5.
BIMC Chapter 15.24 is hereby repealed in its entirety.
Section 6. Section 1.26.010 of BIMC Chapter 1.26 is hereby amended to read as
follows:
"1.26.010 Applicability of chapter.
The provisions of this chapter shall apply to enforcement of BIMC Title 18 and
Chapters 15_04, 15.18, 15.34, 16.20, and 16.22 BIMC, and specified provisions
outlined in BIMC Title 20, with the exception of BIMC 15.04.090 and the
Uniform Fire Code adopted by referenee in
1312 �G 15.01.020. For purposes of this
chapter, such titles and chapters shall be referred to as "the applicable chapters
and titles of this code."
Section 7. Subsection 2.16.130(A) of BIMC Chapter 2.16 is hereby amended to read
as follows:
"2.16.130 Appeal procedures — Appeal of an administrative decision to the
hearing examiner.
A. Applicability. This section is applicable to all hearings conducted in response
to appeals of administrative decisions, departmental rulings, and interpretations
made in accordance with administrative review procedures of BIMC 2.16.095 and
administrative decisions made under BIMC 1.26.070, BIMC 20.04.030 and BIMC
20.08.110. Appeals of decisions made in accordance with BIMC Chapter 16.04
BIMG, the city's SEPA rules, shall be made according to the procedures in that
chapter and shall be combined with an appeal hearing as specified in subsection E
of this section."
Section 8. Section 15.04.020 of BIMC Chapter 15.04 is hereby amended to read as
follows:
"15.04.020 Codes adopted by reference.
The following codes are adopted by reference subject to the amendments set forth
in BIMC 15.04.021 through 15.04.050:
A. The International Building Code, 2003 Edition, published by the International
Code Council, and as amended as set forth in Chapter 51-50 WAC, and adopted
by the State Building Code Council, in addition to the following appendices:
Appendix J, "Grading";
B. The International Residential Code, 2003 Edition, published by the
International Code Council, and as amended as set forth in Chapter 51-51 WAC,
and adopted by the State Building Code Council, in addition to the following
appendices: Appendix G, "Swimming Pools and Hot Tubs";
C. The 2003 Edition of the Uniform Plumbing Code, as published by the
International Association of Plumbing and Mechanical Officials, as amended and
adopted by the State Building Code Council, together with Appendix Chapters A,
"Recommended Rules for Sizing the Water," Appendix B, "Explanatory Notes on
Combination Waste and Vent Systems," Appendix I, "Installation Standards,"
Appendix H, "Grease Interceptors," and excluding Chapter 1, "Administration";
D. The International Mechanical Code, 2003 Edition, published by the
International Code Council, and as amended as set forth in Chapter 51-52 WAC,
and adopted by the State Building Code Council, except that the standards for
handling liquefied petroleum gas installations shall be NFPA 58, "Storage and
Handling of Liquefied Petroleum Gases," and ANSI Z223.I/NFPA 54, "National
Fuel Gas Code," and excluding Chapter 1, "Administration";
Page 2
F. The 1997 Edition of the Uniform Code for the Abatement of Dangerous
Buildings, as published by the International Conference of Building Officials;
G. The 2003 Washington State Energy Code, as amended as set forth in Chapter
51-11 WAC, and adopted by the State Building Code Council;
H. The 2003 Washington State Ventilation and Indoor Air Quality Code, as
amended as set forth in Chapter 51-13 WAC, and as adopted by the State
Building Code Council;
I. The 1997 Edition of the Uniform Administrative Code, as published by the
International Conference of Building Officials;
J. The 2003 International Fuel Gas Code, as published by the International Code;
K. The 1997 Uniform Building Code, Table 1-A only, as published by the
International Conference of Building Officials.
In case of conflict among codes adopted in subsections A, B, C, D, IJ, F, G, H, I,
and J of this section, the codes adopted in subsections A and B of this section
shall govern over those adopted in subsections C, D, E; F, G, H, I, and J of this
section."
Section 9. A new title, Title 20, Fire Code, including new BIMC Chapters 20.04
(City Fire Code), 20.08 (Fire Safety Requirements for Designated Multifamily Residential
Buildings) and 20.12 (Burning Restrictions), is hereby adopted in its entirety as follows:
"Title 20
FIRE CODE
Chapters:
20.04 City Fire Code
Page 3
�.
• .'
.
..
..
MffmSAM
WN
F. The 1997 Edition of the Uniform Code for the Abatement of Dangerous
Buildings, as published by the International Conference of Building Officials;
G. The 2003 Washington State Energy Code, as amended as set forth in Chapter
51-11 WAC, and adopted by the State Building Code Council;
H. The 2003 Washington State Ventilation and Indoor Air Quality Code, as
amended as set forth in Chapter 51-13 WAC, and as adopted by the State
Building Code Council;
I. The 1997 Edition of the Uniform Administrative Code, as published by the
International Conference of Building Officials;
J. The 2003 International Fuel Gas Code, as published by the International Code;
K. The 1997 Uniform Building Code, Table 1-A only, as published by the
International Conference of Building Officials.
In case of conflict among codes adopted in subsections A, B, C, D, IJ, F, G, H, I,
and J of this section, the codes adopted in subsections A and B of this section
shall govern over those adopted in subsections C, D, E; F, G, H, I, and J of this
section."
Section 9. A new title, Title 20, Fire Code, including new BIMC Chapters 20.04
(City Fire Code), 20.08 (Fire Safety Requirements for Designated Multifamily Residential
Buildings) and 20.12 (Burning Restrictions), is hereby adopted in its entirety as follows:
"Title 20
FIRE CODE
Chapters:
20.04 City Fire Code
Page 3
20.08 Fire Safety Requirements for Designated
Multifamily Residential Buildings
20.12 Burning Restrictions
Chapter 20.04
CITY FIRE CODE
Sections:
20.04.010 Code adopted by reference.
20.04.020 Amendments to Section 101.1.
20.04.030 Amendments to Section 108.
20.04.040 Amendments to Section 109.
20.04.050 Amendments to Section 111.4.
20.04.060 Amendments to Section 307.1.
20.04.070 Fire lanes.
20.04.080 Fire protection systems.
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 20.04.080:
A. The International Fire Code, 2006 Edition, published by the
International Code Council, and as amended as set forth in
Chapter 51-54 of the Washington Administrative Code, and
adopted by the State Building Code Council, with the
addition of the following appendices: Appendix B (Fire
Flow Requirements), except that Section B105.1 of
Appendix B relating to One- and Two -Family Dwellings is
replaced by flexible residential fire flow requirements as set
forth in BIMC 13.10.065, Appendix C (Fire Hydrant
Locations and Distribution), Appendix E (Hazard
Categories), Appendix F (Hazard Ranking), and Appendix
G, (Cryogenic Fluids -Weight and Volume Equivalents)
(the "International Fire Code").
20.04.020 Amendments to Section 101.1.
Section 101.1 of the International Fire Code is amended to read as
follows:
101.1 Title. These regulations shall be known as the Bainbridge
Island Fire Code o '-'`T
—�^ N4E OF jURISDICTIO
hereinafter referred to as "this code."
Page 4
20.04.030 Amendments to Section 108.
Section 108 of the International Fire Code is amended to read as
follows:
108.1 Boufd-of-aAppeals established. A. General. Except for
civil infractions, misdemeanors and civil penalties imposed
pursuant to $IMC 20.04.040, the fire chief of the Bainbridge
Island Fire Department and city hearing examiner shall have the
application and intemretation 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.
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.
the rules legally adopted there under 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 city fire code.
E. Conflict. In the event and to the extent the language
of this section conflicts with language of the codes and/or
Page 5
appendices adopted by reference in BIMC 20.04.010, the language
of this section shall prevail over the language it conflicts with in
M said code and/or appendix.
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
code, or cause same to be done, in conflict with or in violation of
any of the provisions of the city fire code this Bede.
109.2 Notice of violation. When the fire code official finds a
building, premises, vehicle, storage facility or outdoor area that is
in violation of the city fire code this cede, the fire code official is
authorized to prepare a written notice of violation describing the
conditions deemed unsafe and specifying a time for reinspection.
Page 6
NOW
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
code, or cause same to be done, in conflict with or in violation of
any of the provisions of the city fire code this Bede.
109.2 Notice of violation. When the fire code official finds a
building, premises, vehicle, storage facility or outdoor area that is
in violation of the city fire code this cede, the fire code official is
authorized to prepare a written notice of violation describing the
conditions deemed unsafe and specifying a time for reinspection.
Page 6
109.2.1 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.
109.2.2 Compliance with orders and notices. A notice of
violation issued or served as provided by this code shall be
complied with by the owner, operator, occupant or other person
responsible for the condition or violation to which the notice of
violation pertains.
109.2.3 Prosecution of violations. If the notice of violation is not
complied with promptly, the fire code official is authorized to
request the city prosecutor legal eounsel of the jurisdietie 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 this eede or of the order or
direction made pursuant hereto.
109.2.4 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.
109.3 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.
Page 7
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 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 1.26.90.
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
M 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.
109.3.1 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.
20.04.050 Amendments to Section, 111.4.
Section 111.4 of the International Fire Code is amended to read as
follows:
Page 8
111.4 Failure to comply. It is a violation of this code for aAny
person who shall continue any work after having been served with
a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, hall
te a fine of net less than [AAi7l UINT7 dollarsor- more tl...«
[AMOUNT] dollars
20.04.060 Amendments to Section 307.1.
Section 307.1 of the International Fire Code is amended to read as
follows:
307.1 General. A person shall not kindle or maintain or authorize
to be kindled or maintained any open burning unless conducted
and approved in accordance with this section and BIMC Chapter
20.12.
20.04.070 Fire lanes.
A. Dimensions. A fire lane shall have an unobstructed width of
not less than 20 feet with an approved turning radius and
unobstructed vertical clearance of not less than 13 feet, six inches,
unless otherwise approved by the fire marshal of the Bainbridge
Island Fire Department.
Exceptions:
1. Vertical clearance may be reduced, provided such reduction
does not impair access by fire apparatus and approved signs are
installed and maintained indicating the established vertical
clearance.
2. The width may be reduced in residential areas consisting of
only single-family homes, providing the width is consistent with
public works street standards.
B. Marking. When required by both the fire marshal and city
engineer, approved signs and other markings shall be provided in
designated locations and maintained to prohibit the obstruction
thereof. The property owner(s) of the designated fire lane shall
have sole responsibility to install and maintain the required signs
and markings. Failure to install or main4ain signs «, and ,,..1.:«o,..,
Signs shall be 12 inches by 18 inches in size with
Page 9
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 and read "No Parking Fire
Lane — Tow Away Zone." Where curbs exist or are placed along
the edge of designated fixe lanes they 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."
C. Surface. The design and maintenance of fire lanes shall
support the imposed loads of fire apparatus and shall be provided
with a surface as required by public works engineering.
D. Dead -Ends. Fire lanes in excess of 150 feet shall be provided
with an approved turnaround.
E. Grade. The maximum grade allowed is 12 percent, except
grades of up to 15 percent are allowed if a paved driving surface is
provided.
F. Security Gates. When security gates are installed, the fire
marshal is authorized to require the responsible person(s) to
provide a method of access approved by the fire department.
20.04.080 Fire protection systems.
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
Washington State c.....ey and Ratings Bureau. 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 No-. 13, NFPA 13R, or NFPA
13D, as determined by the fire marshal, (eurf�) 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 chief or officer, any of the following conditions
Page 10
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 an
approved backflow prevention assembly.
B. Standpipes Required. A standpipe system designed, installed
and tested pursuant to NFPA No. 14 (current edition) shall be
installed in all new buildings in excess of 10,000 square feet total
floor area.
C. Conflicts. In the event that any provision of this section
conflicts with any provision of the Building Code or the Fire Code
as adopted by the city, the more stringent (greatest protection)
provision shall apply.
D. 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 sprinkler system or
hose station would create a safety hazard or cause damage to the
building's contents.
E. 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, the entire
structure shall be fully sprinklered as required in subsection A.1 or
A.2 of this section, whichever may apply.
Page 11
Chapter 20.08
FIRE SAFETY REQUIREMENTS FOR
DESIGNATED MULTIFAMILY RESIDENTIAL
BUILDINGS
Sections:
20.08.010 Purpose and scope.
20.08.020 Definitions.
20.08.030 Smoke detectors.
20.08.040 Floor plans.
20.08.050 Emergency evacuation plan.
20.08.060 Fire safety training.
20.08.070 Annual fire inspection.
20.08.080 Fire alarm systems.
20.08.090 Fire sprinkler systems.
20.08.100 Enforcement.
20.08.110 Appeals.
20.08.010 Purpose and scope.
The provisions in this chapter are intended to enhance the fire and
life safety protection of the general public. This chapter applies to
designated buildings classified as R-1 Occupancies with five or
more dwelling units, and without automatic fire sprinkler
protection. (Ord. 2000-20 § 1, 2000)
20.08.020 Definitions.
For the purposes of this chapter, the following definitions apply:
A. Repealed by Ord. 2003-22.
B. "Uniform Fire Code" means the current fire code adopted by
the city as mandated by action of the State Legislature.
C. "Uniform Building Code" means the current building code
adopted by the city as mandated by action of the State Legislature.
D. "Approved" means approved by the fire marshal of the
Bainbridge Island Fire Department fire or designee,
unless otherwise specified.
E. "Dwelling unit' means any building or portion thereof which
contains living facilities, including provisions for sleeping, eating,
cooking and sanitation as required by the 1997 Uniform Building
4p Page 12
Code, for not more than one family, or a congregate residence
which accommodates 10 or fewer persons.
F. "Targeted building" means a residential multifamily building
classified as an R-1 Occupancy, as defined by the Uniform
Building Code, with five or more dwelling units and without
automatic fire sprinkler protection.
G. "Higher risk building" means a targeted building without
automatic fire sprinkler protection, three or more stories in height,
with interior exit corridors or exterior exit balconies. A listing of
higher risk buildings is attached to the ordinance codified in this
chapter; provided, that the fire marshal may add other buildings to
the list based on this definition and new information gathered in
the process of implementing this chapter.
H. "Lower risk building" means a targeted building without
automatic fire sprinkler protection, less than three stories in height,
including some three or four story buildings with existing fire
alarm systems, partial sprinkler systems, or other building
construction feature that enhances life safety in the event of a fire
such as noncombustible construction or rated wall separations. A
listing of the lower risk buildings is attached to the ordinance
codified in this chapter; provided, that the fire marshal may add
other buildings to the list based on this definition and new
information gathered in the process of implementing this chapter.
"Fire department" means the Bainbridge Island Fire Department.
I. "Fire safety committee" means a group of community
representatives appointed by the mayor to review the fire and life
safety risks in older multifamily residential buildings.
J. "Stories" means floor levels in a building, not including
basements, providing this level does not qualify as a first story as
defined by Section 220 of the Uniform Building Code.
K. "R-1 building" means a building with an occupancy
classification of Group R, Division 1 as defined in the Uniform
Building Code which is a hotel, apartment building or congregate
residence, including condominiums.
L. "Owner" means the owner of record of an R-1 building, which
includes homeowner associations.
Page 13
M. "Approved monitored fire alarm system" means approved by
the fire marshal with a U.L. listed central station monitoring
company.
20.08.030 Smoke detectors.
Smoke detectors shall be installed in all targeted buildings not later
than one year from the effective date of the ordinance codified in
this chapter. The owner shall be responsible for the installation of
listed smoke detectors in each dwelling unit. The detectors shall
be located in accordance with Section 310.9.1.4 of the 1997
Edition of the Uniform Building Code. Such devices shall be the
photoelectric type detectors and may be battery -powered. Existing
smoke detectors are approved, providing they are correctly located
and operating properly. Existing detectors over 10 years old shall
be replaced by the owner. The owner shall certify to the fire
marshal, using approved forms, that the devices have been
installed, as required, and are operating properly.
20.08.040 Floor plans.
The owner shall provide building floor plans to the fire marshal to
assist with the fire department's pre -fire planning. The floor plans
shall be in a format approved by the fire department.
20.08.050 Emergency evacuation plan.
A. An emergency evacuation plan must be posted in all targeted
buildings with interior common corridors and stairways.
B. The fire department will work with the owners by providing
guidelines for developing approved emergency evacuation plans.
All plans shall be submitted and approved by the fire department
prior to posting.
C. Building owners shall be responsible for posting the approved
emergency evacuation plans in common areas of the buildings.
D. Emergency evacuation plans shall be reviewed and updated
annually by owners. Revised plans shall be submitted to the fire
department for review and approval.
20.08.060 Fire safety training.
The fire department will develop and offer training and/or
information for building owners and tenants regarding fire and life
Page 14
safety protection. Emphasis will be placed on prevention and safe
evacuation.
20.08.070 Annual fire inspection.
A. All targeted buildings shall be inspected annually for
compliance with provisions of the Uniform Fire Code. The
inspections will include all common corridors, stairways, public
areas and emergency access areas. The inspections will not
include individual dwelling units. The fire department, acting as
the city's agent, shall be responsible for completing the
inspections.
B. The fire marshal has the authority to redesignate a targeted
building from a higher risk building to a lower risk building based
on relevant information collected during an inspection.
20.08.080 Fire alarm systems.
A. The owner(s) shall install an approved monitored fire alarm
system in all higher risk buildings with' common interior corridors
and stairways. The fire alarm system shall consist of smoke
detectors in the corridors, a heat detector and audible devices in
dwelling units and manual pull stations at each exit on all levels.
The alarm systems shall be installed and operational not later than
three years from the effective date of the ordinance codified in this
chapter. If an alarm system has not been installed within 30
months from the effective date, a letter from the owner shall be
sent to the fire department indicating a specific date the system
will be installed and operating. Plans and specifications shall be
submitted through the building department for fire department
approval prior to installation. The city shall waive permit fees for
alarm systems installed in compliance with this chapter.
B. The owner(s) shall install an approved monitored fire alarm
system in all higher risk buildings with direct exiting to exterior
balconies or stairways. The fire alarm system shall consist of
audible devices in dwelling units and manual pull stations at each
exit on all levels (heat detectors are optional). The alarm system
shall be installed and operational not later than three years from the
effective date of the ordinance codified in this chapter. If an alarm
system has not been installed within 30 months from the effective
date, a letter from the owner shall be sent to the fire department
indicating a specific date when the system will be installed.
Page 15
C. Fire alarm systems are not required in lower risk buildings,but
may be installed on a voluntary basis. The city shall waive the
permit fees for alarm systems installed in compliance with this
chapter.
20.08.090 Fire sprinkler systems.
Automatic fire sprinkler systems are not required in any targeted
building but may be installed on a voluntary basis. The city shall
waive the permit fees for fire sprinkler systems installed in
compliance with this chapter.
20.08.100 Enforcement.
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
code, or cause same to be done, in conflict with or in violation of
any of the provisions of this chapter.
2. Notice of violation. :When the fire code official finds a
building, premises, vehicle, storage facility or outdoor area that is
in violation of this chapter, the fire code officiaLis authorized to
prepare a written notice of violation describing the conditions
deemed unsafe and specifying a time for reinspection.
3. 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.
4. Compliance with orders and notices. A notice of violation
issued or served as provided by this code shall be complied with by
the owner, operator, occupant or other person responsible for the
condition or violation to which the notice of violation pertains.
5. Prosecution of violations. If the notice of violation is not
complied with promptly, the fire code official is authorized to
request the city prosecutor to institute the appropriate legal
proceedings at law or in equity to restrain, correct or abate such
Page 16
violation or to require removal or termination of the unlawful
l occupancy of the structure in violation of the provisions of this
Cchapter or of the order or direction made pursuant hereto.
6. 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 fire code.
7. Violation penalties.
A. Civil Infraction. Except as provided in subsection B of this
section, conduct made unlawful by this chapter 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 this chapter shall be
subject to a cumulative civil penalty in the amount of $1,000 per
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 1.26.90.
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 this chapter shall be liable for the
Page 17
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 this chapter the language of this section
shall prevail over the language it conflicts with in any said code
and/or appendix.
8. 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.
20.08.110 Appeals.
A. General. Except for civil infractions, misdemeanors and civil
penalties imposed pursuant to BIMC 20.08.100, the fire chief and
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 of the Bainbridge
Island Fire Department 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. -
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.
Page 18
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 there under 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 city fire code.
E. Conflicts. 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.
Chapter 20.12
BURNING RESTRICTIONS
Sections:
20.12.010 Purpose.
20.12.020 Definitions.
20.12.030 Outdoor burning — Prohibited types.
20.12.040 Outdoor burning — Permitted types.
20.12.050 Permitting agency.
20.12.060 Field response to complaints and enforcement.
20.12.010 Purpose.
The purpose of these regulations is to restrict outdoor burning
within the city consistent with state law and regulations.
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
methods of fire fighting.
Page 19
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 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.
L. "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.
Page 20
20.12.030 Outdoor burning— Prohibited types.
The following types of outdoor burning are prohibited:
A. Any outdoor fire during any stage of an air pollution episode or
period of impaired air quality;
B. Any outdoor fire during any period of time that a burning ban
has been established by the fire protection agency due to high fire
hazard conditions;
C. Any outdoor fire containing garbage, dead animals, asphalt,
petroleum products, paints, tires, rubber products, plastics, paper
(other than what is necessary to start a fire), cardboard, treated
wood, construction/demolition debris, metal, or any substance
(other than natural vegetation) that normally releases toxic
emissions, dense smoke, or obnoxious odors when burned;
D, Any outdoor fire in a metal container such as a burning barrel;
E. Any outdoor fire for the purpose of demolition, salvage or
reclamation of materials;
F. Any outdoor fire for which a permit or approval has not been
issued by a state agency and/or the local permitting agency, as
appropriate, when such permits or approvals are required by law;
G. Any land clearing burning;
H. Any residential burning.
20.12.040 Outdoor burning— Permitted types.
A permit is required for the following types of outdoor burning:
A. Fire fighting instructional fires that comply with all applicable
state laws and regulations;
B. Agricultural burning that complies with all applicable state
laws and regulations;
C. Silvicultural burning that complies with all applicable state
laws and regulations;
D. Storm or flood debris burning, with time limitations for
burning established by the city;
Page 21
E. Recreational fires with a total fuel area that is greater than three
feet in diameter and/or two feet in height. Exception: Recreational
fires under this size are allowed and do not require a permit.
20.12.050 Permitting agency.
A. The city is the designated permitting agency for outdoor
burning.
B. The city (or its designated agent) must approve with conditions
or deny outdoor burning permits as needed to achieve compliance
with this chapter and Section 307 of the Fire Code as adopted in
BIMC 20.04.060. The city may enter into an interlocal agreement
with the fire protection agency and appoint the fire protection
agency as its agent for permit administration.
C. Fees. As the designated permitting agency for outdoor burning,
the city may charge a fee for any permit; provided, that the fee
amount must not exceed the costs of administering and enforcing
the permit program. The city shall establish the fee by resolution.
20.12.060 Field response to complaints and
enforcement.
A. The city and the fire protection agency 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
BIMC Chapter 1.26.
D. If the fire protection agency responds to, controls or
extinguishes an illegal or out of control fire, the fire protection
agency may charge and recover from the person responsible for the
fire the costs of its response and control action."
Section 10. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Page 22
Section 11. 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 25`h day of June, 2008.
APPROVED by the Mayor this 27`h day of June, 2008.
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, CMC, City Clerk
APPROVED AS TO FORM:
Paul McMurray, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NO.
v�
Darlene Kordonowy, Mayor
May 20, 2008
June 25, 2008
July 2, 2008
July 9, 2008
2008-10
Page 23