Chapter 20.02
FIRE PREVENTION CODE
Sections:
20.02.010 Adoption of the International Fire Code – Purpose and policy declared.
20.02.051 Fire protection water supplies – Amendment to Section 507.
20.02.070 Adoption of state-deleted sections of the International Fire Code.
20.02.080 Fixed fire protection testing and records.
20.02.278 Manufacture, sale and discharge of fireworks.
20.02.280 Biofuels in residential occupancies.
20.02.285 Flammable liquids in residential occupancies.
20.02.298 Maximum capacity within established limits.
20.02.300 Violations – Penalties.
20.02.010 Adoption of the International Fire Code – Purpose and policy declared.
Pursuant to the provisions of Chapter 51-54A WAC, and in conformance therewith, the International Fire Code, as adopted by the state of Washington, together with Appendices B, C, D, E, F and G as now, or hereafter amended, is hereby adopted.
Reference to National Fire Protection Association (NFPA) standards in the International Fire Code shall refer to the most current version of said standards. In the event of a conflict between code provision(s) and an existing standard, including an existing city of Richland standard, the most restrictive of the two authorities will apply as determined by the fire code official.
It is the specific intent of the fire code of the city of Richland as herein adopted, modified and amended to place the obligation of complying with its requirements upon the owners and occupiers of the buildings and premises within its scope, and no provision of nor any term used in this fire code is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation and enforcement of this fire code shall be discretionary and not mandatory.
Nothing contained in this fire code is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a building or any premises to comply with the provisions of this fire code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this fire code, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this fire code by its officers, employees or agents.
It is expressly the purpose of this fire code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the provisions of this fire code. [Ord. 39-77; Ord. 39-80; Ord. 52-83; Ord. 15-86; Ord. 21-89; Ord. 26-92; Ord. 35-95; Ord. 39-98; Ord. 19-04; Ord. 33-07; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.020 Enforcement.
The chief of the Richland fire and emergency services department, the fire marshal or other designee is the fire code official and is responsible for the administration and enforcement of the International Fire Code as adopted, modified and amended. [Ord. 39-77 § 1.01; Ord. 26-92; Ord. 19-04; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.028 Inspection – Amendment to Section 106.11 of the International Fire Code.
Repealed by Ord. 01-11. [Ord. 39-98; Ord. 19-04].
20.02.029 Wildland areas.
Wildland areas are areas which are undeveloped, uncultivated or unfit for cultivation, or are considered by the city of Richland to be wasteland or desert, or which are any combination of these descriptions and definitions and which are deemed by the city of Richland as a hazard for wild fire purposes. The following requirements apply to buildings and structures constructed on, in, or near wild-land areas:
A. All structures within 30 feet of a property line adjoining a wildland area shall have noncombustible siding, soffit, and skirting on the side adjacent to the wildland area when the wildland area is in excess of five contiguous acres. This requirement shall not apply to interior lots of platted parcels of land and development phases whose streets are accessible and whose water system is operational.
B. Decks or porches 36 inches or less in height shall have skirting if within 30 feet of adjacent wildland areas when the wildland area is in excess of five contiguous acres. Skirting shall be sufficiently constructed so as not to allow the accumulation of combustible material under the deck or porch. The area under the deck or porch shall not be used for storage.
C. When determined by the fire marshal, noncombustible siding or soffit material shall be required on the downhill side(s) of a structure or building that is within 30 feet of a grade that is 15 percent or greater in steepness. The grade shall be determined by the predominant slope on the downhill side measured from the structure or building and extending a maximum of 300 feet. [Ord. 17-20 § 1].
20.02.051 Fire protection water supplies – Amendment to Section 507.
Section 507 of the International Fire Code is amended by amending Section 507 to read as follows:
Section 507.5.1 Where required. Where any portion of a facility or building hereafter constructed or moved into or within the jurisdiction, either by physical relocation or annexation, is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official; provided, however, that the nearest hydrant from any commercial building shall be not more than 200 feet travel distance on an approved fire apparatus road.
Exceptions:
1. For Group R-3 and Group U occupancies, the maximum hydrant separation distance shall be 600 feet, with no more than 300 feet travel distance to any structure on an approved fire apparatus road. The 300 feet hydrant distance shall not be obstructed by grade change, physical barriers, or other obstacles as determined by the fire code official.
2. For buildings 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, the fire code official may extend the distance.
The owner of any building or structure requiring fire hydrants as determined by the fire code official, shall install at their expense fire hydrants and whatever pipes and connections are necessary to connect to the existing water supply of the city.
Unlawful Conduct – Industrial or Commercial Zone Buildings. It is unlawful for any person, firm or corporation to occupy or use any building located in any use district, unless such building is within two hundred (200) feet travel distance of a fire hydrant.
[Ord. 35-95; Ord. 39-98; Ord. 19-04; Ord. 33-07; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.070 Adoption of state-deleted sections of the International Fire Code.
International Fire Code Sections 503.1 through 503.4.1 shall be adopted. [Ord. 26-92; Ord. 35-95; Ord. 39-98; Ord. 19-04; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.080 Fixed fire protection testing and records.
Fixed fire protection systems testing records, noted throughout the International Fire Code and referenced standards, shall be submitted to the Richland fire and emergency services in the manner and frequency determined by the fire code official, as set forth in the fire standards found on the city of Richland website. Fire protection systems inspection, testing and/or maintenance companies must report confidence testing results, in the manner described above, within 14 calendar days of conclusion of the work being performed. [Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.278 Manufacture, sale and discharge of fireworks.
A. The sale and discharging of fireworks within the city of Richland shall be in accordance with the Washington State Fireworks Law, Chapter 70.77 RCW, and Chapter 212-17 WAC, unless otherwise provided in this section.
B. Application for permits for public display and/or retail sales of fireworks shall be accompanied by a letter from the person legally responsible for the property on which such display and/or sale is to take place. Such letter shall grant permission to the applicant for the use of said property.
C. It shall be unlawful for any person or corporation to sell or give fireworks to anyone under the age of 16 unless that person is under the immediate supervision of an adult (18 years old or older). It shall be unlawful for a parent, guardian or other person responsible for a child under the age of 16 to allow that child to possess, use, discharge or transport any fireworks unless that child is under the immediate supervision of an adult. It shall be unlawful for any person under the age of 16 to possess, use, discharge, or transport any fireworks unless under the immediate supervision of an adult (18 years old or older).
D. It is unlawful to use, fire or discharge any fireworks along the route of and during any parade or at any place of public assembly or in any commercial use district.
E. It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle or other thing or object.
F. The fee for a permit for the retail sale of fireworks and for the public display of fireworks shall be $100.00.
G. Signs shall be posted prominently at each firework sales outlet which state:
It is unlawful to sell or give fireworks to anyone under the age of sixteen (16) unless that person is under the immediate supervision of an adult (eighteen (18) years or older). It shall be unlawful for a parent, guardian or other person responsible for a child under the age of sixteen (16) to allow that child to possess, use, discharge or transport any fireworks unless that child is under the immediate supervision of an adult. RMC 20.02.278.
No Smoking, Discharge of Fireworks, Motor Vehicles, or Ignition Sources within 25 feet.
H. Smoking, the discharge of fireworks, motor vehicles, and ignition sources are prohibited within 25 feet of any building or stand in which fireworks are stored or sold at retail.
I. Notwithstanding RCW 70.77.575 and 70.77.580, every retailer in the city of Richland is required to post prominently at each retail outlet a list of the fireworks that may be sold to the public under this section. The list is subject to approval by the fire code official and shall be submitted to the fire code official no later than May 31st of each year.
J. It shall be unlawful for any person to possess, sell or use in the city of Richland any of the following:
1. Helicopter or Aerial Spinner. Tube not more than one-half inch (12.5 mm) inside diameter and containing up to 20 grams of pyrotechnic composition. A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight.
2. Mine or Shell. Heavy cardboard or paper tube up to two and one-half inches (63.5 mm) inside diameter attached to a wood or plastic base and containing up to 40 grams of pyrotechnic composition. Upon ignition, stars, firecrackers, or other devices are propelled into the air. The tube remains on the ground.
3. Sky Rocket. Tube not exceeding one-half inch (12.5 mm) inside diameter that may contain up to 20 grams of pyrotechnic composition. Sky rockets contain a wood stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of flight.
4. Missile-Type Rocket. Device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability.
5. Firecracker or Salute. Small paper-wrapped or cardboard tube the external dimensions of which do not exceed one and one-half inches in length or one-quarter inch in diameter containing not more than 50 mg of pyrotechnic composition. Upon ignition, noise and a flash of light are produced.
6. Chaser. Small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced. The explosive composition used to create the noise may not exceed 50 mg.
7. Ground Spinner. Small device similar to a wheel in design and effect and placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
8. Roman Candle. Heavy paper or cardboard tube not exceeding three-eighths inch (9.5 mm) inside diameter and containing up to 20 grams of pyrotechnic composition. Upon ignition, up to 10 stars (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several-second intervals.
9. Smoke Device. Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
10. Jumping Jacks. A small tube containing pyrotechnic composition so that, upon ignition, the tube will bounce around and produce a flash.
11. Combination Items. Fireworks devices containing combinations of two or more of the effects described in WAC 212-17-198.
12. “Special fireworks” as defined in RCW 70.77.131 and WAC 212-17-345. Except with public display permits.
13. “Agricultural and wildlife fireworks” as defined in RCW 70.77.141 and WAC 212-17-045. Except with proper permit.
14. “Special effects” as defined in RCW 70.77.146. Except with proper permit.
15. Any fireworks devices which do not satisfy all the chemical content and construction requirements of WAC 212-17-050.
16. Any fireworks larger, in terms of size or amount of pyrotechnic composition, than specified in this section.
K. Any and all fireworks deemed to be in violation of this section shall be seized and properly destroyed by the police. [Ord. 15-86 § 1.08; Ord. 13-88; Ord. 21-89; Ord. 26-92; Ord. 35-95; Ord. 39-98; Ord. 19-04; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.280 Biofuels in residential occupancies.
The manufacturing, sales, and storage of bio-fuels in all International Residential Code residences and accessory occupancies and all International Building Code residential occupancies require a fire permit. Operational constraints, or refusal of permit, may apply. [Ord. 33-07; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.285 Flammable liquids in residential occupancies.
To store, handle or use Class 1 flammable liquids in all International Residential Code residences and accessory occupancies and all International Building Code residential occupancies in excess of 10 gallons requires a fire permit. Operational constraints, or refusal of permit, may apply. [Ord. 33-07; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.298 Maximum capacity within established limits.
The maximum capacity of liquefied petroleum gas is restricted. The limits referred to in Chapter 61 of the International Fire Code in which storage of liquefied petroleum gas is restricted are established as follows:
All use districts except I-1 (limited manufacturing), I-M (medium industrial) or M-2 (heavy manufacturing). [Ord. 39-80 § 1.22; Ord. 15-86 § 1.09; Ord. 21-89; Ord. 35-95; Ord. 19-04; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.300 Violations – Penalties.
A. It is unlawful for any person, firm or corporation to violate any of the provisions of this chapter. Any person who has violated any provision of this chapter shall have committed a civil infraction subject to a civil penalty as set forth in RMC 10.02.050(E).
Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC 1.30.010 for criminal offenses.
B. For any violation of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense.
C. Violations and penalties of RMC 20.02.278, Manufacture, sale and discharge of fireworks, shall be considered a nontraffic infraction subject to a penalty of $250.00 as determined by the Benton County district court. [Ord. 39-77 § 1.01; Ord. 52-83 § 1.13; Ord. 17-84; Ord. 35-95; Ord. 06-10 § 1.36; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.310 Savings clause.
Nothing contained in any provision of this code shall apply to an offense charged at any time before the day when this code becomes effective. Any such offense shall be punished according to the provisions of the ordinances or other laws existing when such offense was charged in the same manner as if this code had not been enacted. [Ord. 39-77 § 1.01; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.320 Repealer.
All ordinances and resolutions of the city of Richland bearing on the subject matter of fire prevention, with the exception of Chapter 20.05 RMC, which ordinances or resolutions are inconsistent with this chapter, are hereby repealed. [Ord. 39-77 § 1.01; Ord. 21-89; Ord. 01-11 § 1.01; Ord. 17-20 § 1].
20.02.330 Severability.
The invalidity of any article, section, subsection, provision, clause or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. [Ord. 39-77 § 1.01; Ord. 01-11 § 1.01; Ord. 17-20 § 1].