Loading...
Ordinance No. 2021-02 Relating to Amending regulations of fire hydrants and water mains-Approved 022321 Page 1 of 10 ORDINANCE NO. 2021-02 AN ORDINANCE of the City of Bainbridge Island, Washington, amending Chapter 13.10, Regulation of Fire Hydrants and Water Mains, of the Bainbridge Island Municipal Code to align that chapter with Title 20 of the Bainbridge Island Municipal Code as amended by Ordinance No. 2020-01. WHEREAS, the City of Bainbridge Island is concurrently adopting state-required updates to the Washington State Fire Code through amendments to Title 20 of the Bainbridge Island Municipal Code (“BIMC”); and WHEREAS, in order to fully implement those changes and remove any duplication, confusion, or conflicts between the changes to Title 20 BIMC and Chapter 13.10 BIMC, amendments to Chapter 13.10 BIMC are necessary. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN, AS FOLLOWS: Section 1. Chapter 13.10 of the Bainbridge Island Municipal Code is hereby amended as shown in Exhibit A. Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. This ordinance shall take effect and be in force five (5) days from its passage and publication as required by law. PASSED BY THE CITY COUNCIL this 23rd day of February, 2021. APPROVED BY THE MAYOR 23rd day of February, 2021. ______________________________ Rasham Nassar, Mayor ATTEST/AUTHENTICATE: Page 2 of 10 FILED WITH THE CITY CLERK: February 5, 2021 PASSED BY THE CITY COUNCIL: February 23, 2021 PUBLISHED: February 26, 2021 EFFECTIVE DATE: March 3, 2021 ORDINANCE NUMBER: 2021-02 Page 3 of 10 EXHIBIT A Ordinance No. 2021-02 Chapter 13.10 REGULATIONS OF RELATING TO FIRE HYDRANTS AND WATER MAINS PUBLIC WATER SYSTEMS Sections: 13.10.010 Definitions. 13.10.020 Applicability. 13.10.030 Building permits and plats. 13.10.040 Variance. 13.10.045 New installation procedures. 13.10.050 Financial responsibility for water mains. 13.10.060 Fire Hydrant Location. 13.10.065 Fire flow. 13.10.070 Mains and service lines. 13.10.080 Private hydrants. 13.10.090 Repealed Flush-type hydrants. 13.10.100 Construction standards Repealed. 13.10.110 Repealed. 13.10.120 Repealed Surrounding vegetation prohibited. 13.10.130 Repealed Occupancy of building. 13.10.140 Repealed Unlawful conduct. 13.10.150 Inspection required. 13.10.160 Approval not deemed acceptance. 13.10.170 Penalties. 13.10.010 Definitions. For the purpose of this chapter certain words and terms used herein are defined as set forth below. Unless the natural construction of the word indicates otherwise, all words used in the present tense include the future tense; all words in the plural include the singular number; and all words in the singular number include the plural number. A. Repealed by Ord. 2003-22.“BIMC” is the Bainbridge Island Municipal Code. B. “DCSS” is the current version of the City of Bainbridge Island Design and Construction Standards and Specifications as promulgated by the public works department. CB. “Fire chief Marshal” is the fire chief designated member of the Bainbridge Island fire department or histheir authorized agent responsible for implementation of BIMC Title 20. Page 4 of 10 DC. “Fire department” means the Bainbridge Island fire department. ED. “Fire flow” means water flow required for fire protection purposes. FE. “Flush-type hydrant” means a hydrant installed entirely below grade. GF. “Private hydrant” means a fire hydrant so situated and maintained on private property to which provides water with limitations as to use by the fire and public works department as set forth in BIMC 13.10.080. HG. “Public hydrant” means a fire hydrant so situated and maintained on public right-of-way or public easements and owned by the city of Bainbridge Island, or other water purveyor, to which provides water without restriction as to use by the fire and public works departments. I. “Public water supply system” means any system providing water for human consumption as defined in WAC 246-290 and WAC 246-291. This definition also includes similar terms such as “water system,” “public water system,” and “public water supply.” JH. “Public works department” means the public works department of the city of Bainbridge Island. KI. “Single-family residential area” is as set forth in BIMC Title 18. L. “Water Purveyor” or “Purveyor” is any entity operating a public water system for the supply of potable water for domestic uses under the regulations and authority of the Washington State Department of Health through WAC 246-290 or WAC 246-291. (Ord. 2003-22 § 17, 2003; Ord. 85-03 § 1, 1985) 13.10.020 Applicability. This chapter shall apply to all public water supply systems now existing or constructed in the future, where fire flow is provided or is required by Chapter 20.04 BIMC. All water mains and fire hydrants hereinafter installed shall meet the provisions of this chapter as well as all other applicable plans, standards and ordinances adopted by the city of Bainbridge Island In addition, existing hydrants not conforming with the requirements of this chapter shall, when replaced, be brought into conformance. (Ord. 85-03 § 1, 1985) 13.10.030 Building permits and plats. A. Fire hydrants, water mains, and appurtenances shall be installed as required by this chapter as a condition of approval of short plats, subdivisions, planned unit developments, and mobile home parks. B. No building permits shall be issued for erection of any building or structure until adequate provision is made to assure that the provisions of this chapter will be met, including financial responsibility, provided, this section shall not apply to the reconstruction, repair, rebuilding or remodeling of a single-family dwelling. (Ord. 85-03 § 1, 1985) 13.10.040 Variance. In specific cases, a variance from the terms but within the spirit of this chapter as will not be contrary to the public interest may be granted by the hearing examiner upon written application of the property owner or developer, or their agent as set out in BIMC 2.14.0302.16.020 and Page 5 of 10 2.16.120, within 30 days of the notification to comply with this chapter. In determining to grant a variance from the terms of this chapter, including consideration of reasonable alternatives, the hearing examiner shall be guided by the following standards and criteria: A. Special conditions and circumstances exist which are peculiar to the property or structure such as size, shape, topography or location and that strict enforcement of the provisions of this chapter would deprive the property owner of rights commonly enjoyed by other properties similarly situated. B. The special conditions and circumstances are not primarily the result of the actions of the applicant such as structure design necessitating greater fire protection especially, as it may relate to commercial and multiple residential property development. C. Unnecessary hardships and practical difficulties which make it difficult to carry out the provisions of this chapter. D. Granting of the application, or providing alternatives to this chapter, will not be materially detrimental to the public health, safety, morals or welfare, or injurious to the property or improvement in the vicinity of the applicant’s property with particular emphasis on fire protection. E. The variance is necessary to make possible the reasonable development of the property. (Ord. 85-03 § 1, 1985) 13.10.045 New installation procedures. All hydrants and water mains water system components newly installed or replaced shall meet the following requirements: A. All proposed expansion, improvements, or replacements of water system components, on City owned or operated public water systems, shall be submitted to the public works department for review and approval, in accordance with Chapter 13.32 BIMC, and to the Fire Department, in accordance with BIMC 20.04.090, prior to construction of said improvements. The Public Works Department, at its sole discretion, may waive this requirement where the expansion, improvement, or replacement is considered de minimis and adequate conditions to protect the public interest can be imposed through other mechanisms such as the issuance of a right-of-way permit in conformance with chapter 15.12 BIMC. In areas already platted operational hydrants and water mains may be required to be installed in accordance with this chapter prior to the beginning of building construction. B. All proposed expansion, improvements, or replacements of water system components, on non-City owned and operated public water systems, shall comply with the water purveyor’s requirements and applicable requirements of Chapter 20.04 BIMC, and shall provide documentation of such at the time of application for land use or building permits. Five copies of engineered plans or drawings, accurately indicating main size, the location of all valves, hydrants and thrust blocks to be installed, shall be submitted to the engineering department with utility drawings at least 15 working days prior to the beginning of any construction. Page 6 of 10 C. In areas already platted, installation of operational hydrants and water mains may be required in accordance with this chapter prior to the beginning of building construction. In such case, an application as noted in subsection A or documentation as noted in subsection B above shall be required. All construction shall conform to the city of Bainbridge Island street and utility standards in effect at the time of construction. A public works construction permit shall be obtained prior to commencement of construction. D. The city engineer and the fire department shall be notified in writing by the permit holder when the hydrant(s) and water mains will be available for use and when they are placed in service. D E. Building construction shall not commence until plans required under this chapter have the requirements of subsections A or B above have been submitted and approved completed in accordance with the provisions of this and all other applicable chapters of the BIMC and the applicable section of the DCSS or applicable design standards. When water mains and hydrants are to be installed by the developer, such facilities and access roadways serving same shall be installed and made serviceable prior to and during the time of construction. No building shall be occupied until hydrants and mains for its protection are placed in service and accepted by the purveyor. E F. With respect to commercial, and industrial and/or multifamily construction only, no conventional or stick construction shall be permitted to start until all hydrants required for such improvements are placed in service and tested by the fire department. At the sole discretion of the Fire Marshal, this condition may be waived or modified as a condition of any permit for construction issued by the city. G. When any new hydrant is installed in the vicinity of a ditch which would hinder fire suppression operations, the hydrant must be centered near a 10-foot section of culvert for purposes of ready access to equipment. (Ord. 89-14 § 1, 1989; Ord. 85-03 § 1, 1985) 13.10.050 Financial responsibility for water mains. A. The installation of water mains to properties not previously served shall be at the benefited property owner’s or developer’s expense and in accordance with Chapter 13.32 BIMC. B. Oversized water mains required for special use demands shall be installed at the developer’s or property owner’s expense in accordance with Chapter 13.32 BIMC. C. If the water mains installed pursuant to subsections A and B of this section provide service or benefits to properties other than those owned by the water main installer, such installer shallmay receive latecomer reimbursement from the owners of such properties in accordance with Chapter 13.32 BIMC. D. If the city requires a developer to install water mains larger than eight inches in diameter or larger than a diameter required for special use the minimum size required by the DCSS or the demands of the developer’s property, whichever is larger, then the developer shall may be entitled to oversizing reimbursement in accordance with Chapter BIMC 13.18.030BIMC. Page 7 of 10 E. When the city requires a developer to extend a water main along or through property in accordance with BIMC 13.18.010, the developer shall not be required to install fire hydrants outside of the developer’s property. However, the developer shall be required to install tees in the water main extension at appropriate intervals to facilitate the future installation of fire hydrants. (Ord. 2002-02 § 2, 2002: Ord. 86-05 §§ 1, 2, 1986; Ord. 85-03 § 1, 1985). 13.10.060 Fire Hydrant Location. The City of Bainbridge Island has adopted, with amendments, the International Fire Code in Title 20 BIMC. The installation of fire hydrants and related water system infrastructure for fire protection shall conform to Title 20 BIMC and the current version of the Bainbridge Island Design and Construction Standards and Specifications as promulgated by the public works department. In addition to the requirements referenced here, the following conditions shall apply to the installation of fire hydrants within the city of Bainbridge Island: A. Where potable water mains are extended along streets where hydrants are not currently needed, but where future need for the protection of structures exists, hydrants shall be provided at spacing not to exceed 1,000 feet. In cases where a system does not provide fire protection, spacing of valves and appurtenances related to isolation and line flushing shall be done in accordance with the purveyor’s design and construction standards. B. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant, or appurtenance installed for flushing purposes, without disruption of water service. A. All fire hydrant location requirements are subject to approval by the Bainbridge Island fire department. B. All public fire hydrants shall be installed at street intersections where possible. Hydrants located mid-block shall be aligned with the extension of a property line, where possible. Public hydrant spacing shall be measured along approved vehicular access routes. C. Hydrant Spacing. 1. Residential structures shall be no further than 300 feet, as measured along an approved route, from a fire hydrant. This distance may be doubled if the structures are equipped with an automatic fire sprinkler system. 2. All structures, other than residential, shall be no further than 250 feet, as measured along an approved route, from a fire hydrant. 3. For one- and two-family residential structures, fire hydrant spacing shall be no further than 600 feet measured along the centerline of the fire apparatus access roadway. This distance may be increased to 1,000 feet if the structures are served by the fire hydrants are equipped with automatic fire sprinkler systems. 4. For all structures, other than one- and two-family residential, fire hydrant spacing shall be no further than 300 feet measured along the centerline of the fire apparatus access roadway. 5. Where potable water mains are extended along streets where hydrants are not needed for the protection of structures, hydrants shall be provided at spacing not to exceed 1,000 feet. Page 8 of 10 6. Minor deviations to these distances may be allowed subject to the approval of the fire marshal and city engineer if it is deemed that such deviations would not jeopardize the safety of building occupants or the ability to provide adequate fire protection. D. Fire hydrants may be required to be served by a main which loops around the building or complex of buildings and reconnects back into a distribution supply main. Location for the installation of fire hydrants shall be mutually acceptable to the fire department and the city. E. The number of fire hydrants shall be determined in accordance with BIMC 20.04.120. F. Fire hydrant installations shall be adequately protected against vehicular damage, in accordance with the standards and specifications promulgated herein. G. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. (Ord. 2008-23 § 1, 2008: Ord. 89-14 §§ 2, 3, 1989; Ord. 85-03 § 1, 1985) 13.10.065 Fire flow. Minimum fire flow requirements shall be as stated in Appendix B of the currently adopted fire code adopted in BIMC Chapter 20.04 BIMC.110. (Ord. 2008-23 § 2, 2008: Ord. 2007-17 § 5, 2007: Ord. 2004-14 § 6, 2004: Ord. 98-30 § 3, 1998; Ord. 85-03 § 1, 1985) 13.10.070 Mains and service lines. A. All public hydrants in single-family residential zoned areas shall be supplied by not less than six-inch circulating water mains. All hydrants in areas other than single-family residential shall be supplied by not less than eight inches circulating water mains. Dead-end water mains supplying fire hydrants must be at least six inches in diameter per subsection C below. Mains 50 feet long or longer, shall be no less than six inches in diameter and shall not have a flow velocity greater than 10 feet per second during fire flow conditions. B. The service line from the water main to the hydrant shall be no less than six inches in diameter. Any service lines over 50 feet in length from water main to hydrant shall be designed as a water main. The provisions of this section shall apply without exception and regardless of the size of the service main. C. All water mains serving or intended to serve fire protection systems, installed or replaced in the city of Bainbridge Island hereinafter shall have a minimum diameter of six inches in conformance with WAC 246-290-230 or WAC 246-291-210. D. Provisions shall be made wherever appropriate in any project for looping all dead-end or temporarily dead-end mains. A minimum 1520-foot easement shall be required, in addition to a temporary 10-foot construction easement on each side of the permanent easement. Construction plans must be approved by the city engineer prior to the commencement of construction. E. The minimum water main easement width shall be 20 feet in width. No permanent structures shall be built in the water main easement area. F. A minimum of 10 feet of horizontal clearance must be maintained between a water main and any parallel sewer main. Separation between water mains and other utilities shall conform with the other utility’s standards and the Pipeline Separation Design & Installation Reference Guide Page 9 of 10 (Pub #06-10-029 or as amended or replaced) promulgated by the Washington State Department of Ecology. G. Water main extensions will be required when the property does not front on a water main or when the existing water main is not adequate for the increased use proposed. The minimum extension shall be to a point at least five feet inside the prolongation of the property line. H. Due to the complexities of many water mains and their interface with other underground structures, all water main construction shall be staked to insure placement within designated easements. Any deviation from this requirement shall be approved by the city engineer. I. Every effort shall be made to incorporate “looped” water mains into a project. In cases where it is not possible to “loop” a new main installation, a minimum of a two-inch blow off shall be required at all line ends. J. All hook-ups to fire hydrants for temporary water for whatever purpose shall be approved by the department of public works department, shall be metered, and will require a “temporary hydrant valve.” In addition, double check valves may also be required if a potential for contamination exists. (Ord. 94-29 §§ 13, 14, 1995; Ord. 85-03 § 1, 1985) 13.10.080 Private hydrants. The installation of private hydrants as defined herein shall meet the requirements for public hydrants and shall be located in accordance with this chapter to provide adequate fire protection. The fire and public works departments shall have the right to go upon the premises and to use the private hydrant for testing, flushing and public emergency uses. When private hydrants are proposed, prior to project acceptance, the responsible party shall record a covenant in a form acceptable to the City stipulating inspection, maintenance, repair, and other conditions necessary and incumbent on the owner to assure continued operation and availability of the fire hydrant for public safety use in perpetuity.(Ord. 2008-23 § 3, 2008: Ord. 85-03 § 1, 1985) 13.10.090 Flush-type hydrants. Repealed by Ord. 2021-02. The installation of flush-type hydrants is prohibited unless determined by the city engineer that undue practical hardship would otherwise be created without relative increase in fire protection. (Ord. 85-03 § 1, 1985) 13.10.100 Construction standards. Construction shall be completed in accordance with approved plans and specifications. For City owned and operated public water systems, in addition to the approved plans and specifications, construction shall comply with the DCSS. Repealed by Ord. 94-29. (Ord. 85-03 § 1, 1985) 13.10.110 Street grade and hydrant clearance. Repealed by Ord. 94-29. (Ord. 85-03 § 1, 1985) 13.10.120 Surrounding vegetation prohibited. Repealed by Ord. 2021-02 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. (Ord. 2016-13 § 1, 2016: Ord. 2008-23 § 4, 2008: Ord. 85-03 § 1, 1985) Page 10 of 10 13.10.130 Occupancy of building. Repealed by Ord. 2021-02 No building or structure shall be occupied or used prior to installation and approval of required hydrants and mains as set forth in this chapter. (Ord. 85-03 § 1, 1985) 13.10.140 Unlawful conduct. Repealed by Ord. 2021-02 It is unlawful for any person, firm or corporation to occupy or use any building used for a school, church, rest home, hospital, residential apartments or place of assembly, in whatever use district located, unless such building is within 150 feet of a fire hydrant. (Ord. 85-03 § 1, 1985) 13.10.150 Inspection required. All improvements shall be subject to inspection by a duly authorized representative of the city, both during the course of construction and after construction is complete. The inspector shall have the authority to determine whether or not materials of construction, methods of construction and workmanship comply with working drawings and specifications. The contractor shall provide for reasonable tests and proof of quality of materials as requested by the inspector. The inspector may require that work be suspended for due cause. For purposes of this section, “due cause” includes adverse weather conditions, poor workmanship, the use of questionable materials or methods of construction, and nonadherence to specifications and drawings. (Ord. 85-03 § 1, 1985) 13.10.160 Approval not deemed acceptance. Approval by the inspector shall not be deemed acceptance of the improvement by the city. Acceptance shall be only by action of the Bainbridge Island city council. (Ord. 85-03 § 1, 1985) 13.10.170 Penalties. Any person violating any provision or term of this chapter shall, upon conviction thereof, be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 85-03 § 1, 1985)