Title 15
BUILDINGS AND CONSTRUCTION¹

Chapters:

15.04 Board of Appeals

15.06 Enforcement

15.08 Building Code

15.10 Ventilation and Air Quality

15.12 Dangerous Buildings

15.14 Unfit Dwellings, Buildings and Structures

15.16 Electrical Code

15.20 Energy Code

15.24 Fire Code

15.28 Fire Flows and Hydrants

15.32 International Residential Code

15.34 Construction Hours

15.36 Repealed

15.40 Housing Code

15.44 Mechanical Code

15.48 Plumbing Code

15.52 Flood Damage Prevention

15.56 Repealed

15.60 Manufactured Homes

15.64 Repealed

15.68 Moving Buildings

15.72 Repealed

Chapter 15.04
BOARD OF APPEALS

Sections:

15.04.010 Established – Composition.

15.04.020 Authority.

15.04.030 Filing of appeals.

15.04.035 Hearing notice.

15.04.040 Hearing scheduling – Records transmittal.

15.04.050 Options of board.

15.04.055 Hearing rules.

15.04.060 Findings and decision deadline.

15.04.070 Notice of decision.

15.04.080 Appeal from board.

15.04.010 Established – Composition.

A board of appeals is created to determine the suitability of alternative materials and methods of construction and to provide for reasonable interpretation of the building code, fire code, mechanical code, plumbing code, housing code, dangerous building code, sprinkler regulations and any other building regulations or codes designated by ordinance after the effective date of the ordinance codified in this section. The board of appeals shall consist of five members, all of whom shall serve without compensation, who shall be qualified by experience and training to pass upon matters pertaining to the various codes. The city shall maintain a list of individuals who are qualified by experience and training to interpret the various codes. At the time an appeal is filed the mayor shall appoint five individuals from the list maintained by the city who are qualified to pass upon the subject matter of the appeal. The appeal board so appointed shall serve until the matter on appeal has been concluded. (Ord. 1427 § 1, 1988: Ord. 1350 § 1, 1986)

15.04.020 Authority.

The board of appeals shall have the authority to hear and decide appeals of orders, decisions or determinations made by the building official, fire chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue) or their designees relative to the application and interpretation of the adopted codes designated by ordinance after the effective date of the ordinance codified in this section. The board of appeals shall have no authority relative to interpretation of the administrative provisions of adopted codes nor shall the board be empowered to waive requirements of the Washington State mandated codes. The board of appeals is empowered to waive local amendments to the adopted codes. (Ord. 2200 § 9, 2007: Ord. 1685 § 1, 1995: Ord. 1427 § 2, 1988: Ord. 1350 § 2, 1986)

15.04.030 Filing of appeals.

Appeals may be filed with the board of appeals by any person aggrieved, or by any officer, department or board of the city affected, by any decision of the building official, fire chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue), or their designees. Such appeal shall be filed in writing and shall be filed in duplicate with the board of appeals within 20 days from the action being appealed, together with a nonrefundable fee of one-half of the permit fee of the matter from which the appeal is taken, unless otherwise specified. A written appeal shall contain:

A. A heading in the words: “Before the Board of Appeals of the City of Sumner”;

B. A caption reading: “Appeal of ____,” giving the names of all appellants participating in the appeal;

C. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;

D. A brief statement in ordinary and concise language of the specific order or action appealed, together with any material facts claimed to support the contentions of the appellant;

E. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the appealed order or action should be reversed, modified, or otherwise set aside;

F. The signatures of all parties named as appellants, and their official mailing addresses;

G. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (Ord. 2200 § 10, 2007; Ord. 1511 § 2, 1991; Ord. 1427 § 3, 1988: Ord. 1350 § 3, 1986)

15.04.035 Hearing notice.

Upon filing of a legal and sufficient appeal, the board of appeals shall schedule a hearing. Notice of the hearing shall be provided to the applicant, property owner, building official, fire marshal and any other parties who have stated an interest in the proceeding. (Ord. 1685 § 2, 1995)

15.04.040 Hearing scheduling – Records transmittal.

Upon the filing of an appeal with the board of appeals, the matter shall be set for hearing, and notice given. Upon receiving notice of the appeal, the building official shall forthwith transmit to the board of appeals all the records pertaining to the decision being appealed. (Ord. 1350 § 4, 1986)

15.04.050 Options of board.

The board of appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the building official or fire chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue) from whom the appeal is taken, insofar as the decision of a particular issue is concerned, and in making its determination the board of appeals may hear any facts bearing on the case. (Ord. 2200 § 11, 2007: Ord. 1350 § 5, 1986)

15.04.055 Hearing rules.

The board of appeals shall conduct all meetings subject to the applicable state laws. The board of appeals may establish rules of procedure by proposing and requesting such rules be adopted by the city council. (Ord. 1685 § 3, 1995)

15.04.060 Findings and decision deadline.

Not more than 40 days after the termination of the proceedings of the hearing on the appeal, the board of appeals shall announce its findings and decision and the record shall recite the findings and facts upon which the board of appeals made its determination. (Ord. 1350 § 6, 1986)

15.04.070 Notice of decision.

Following the rendering of a decision by the board of appeals, a copy of the written decision shall be mailed to the appellant at the address shown on the notice of appeal filed with the board of appeals and to the building official, and to any other person involved in the case who requires a copy. (Ord. 1350 § 7, 1986)

15.04.080 Appeal from board.

The decision of the board of appeals shall be final and conclusive unless within 10 days from the date of the action the appellant files a petition for writ of certiorari to the Superior Court of the State of Washington for Pierce County. The filing of such petition within such time limit shall stay the effective date of the order of the board of appeals until such time as the appeal is then adjudicated or withdrawn. (Ord. 1350 § 8, 1986)

Chapter 15.06
ENFORCEMENT

Sections:

15.06.010 Purpose.

15.06.020 Violations.

15.06.030 Code enforcement officer.

15.06.040 Complaints and investigations.

15.06.050 Notice of violation.

15.06.060 Time to comply.

15.06.070 Civil citation penalties.

15.06.080 Stop work order.

15.06.090 Emergency order.

15.06.100 Review by the hearing examiner.

15.06.110 Criminal penalties.

15.06.120 Additional relief.

15.06.010 Purpose.

A. The purpose of this chapter is to establish consistent enforcement methods and procedures to ensure compliance with the city’s building, construction, land use, street use, construction in the right-of-way, environmental protection, and permitting regulations.

B. This chapter shall be enforced for the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

C. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings or responsible for actions regulated pursuant to this chapter. (Ord. 1781 § 1 (part), 1996)

15.06.020 Violations.

The provisions of this chapter shall apply to the enforcement of the following city regulations, as the same now exist or may hereafter be amended:

A. Business Licenses Generally, chapter 5.04 SMC;

B. Building Numbers, chapter 12.16 SMC;

C. Sidewalk Construction, chapter 12.20 SMC;

D. Sidewalk Specifications, chapter 12.24 SMC;

E. Obstructing Streets and Sidewalks, chapter 12.28 SMC;

F. Street and Public Trees, chapter 12.42 SMC;

G. Special Events, chapter 12.52 SMC;

H. Utility Work Permits, chapter 13.04 SMC;

I. Sewers, chapter 13.16 SMC;

J. Water Utility Service, chapter 13.24 SMC;

K. Building Code, chapter 15.08 SMC;

L. Ventilation and Air Quality, chapter 15.10 SMC;

M. Dangerous Buildings, chapter 15.12 SMC;

N. Electrical Code, chapter 15.16 SMC;

O. Energy Code, chapter 15.20 SMC;

P. Fire Code, chapter 15.24 SMC;

Q. Fire Flow and Hydrants, chapter 15.28 SMC;

R. Construction Hours, chapter 15.34 SMC;

S. Housing Code, chapter 15.40 SMC;

T. Mechanical Code, chapter 15.44 SMC;

U. Plumbing Code, chapter 15.48 SMC;

V. Flood Damage Prevention, chapter 15.52 SMC;

W. Manufactured Homes, chapter 15.60 SMC;

X. SEPA Procedures and Policies, chapter 16.04 SMC;

Y. Control of Erosion and Sedimentation of Waterways, chapter 16.05 SMC;

Z. Shoreline Management; Enforcement, chapter 16.36 SMC;

AA. Resource, Wildlife and Hazard Area Regulation Framework, chapter 16.40 SMC;

BB. Subdivisions; General Provisions, chapter 17.04 SMC;

CC. Zoning; Enforcement, chapter 18.59 SMC;

DD. In addition to the violations previously denoted, it is a violation of the Sumner Municipal Code to remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter;

EE. It shall be a violation of the Sumner Municipal Code for any person to expressly or implicitly give the impression of being the code enforcement officer or an inspector for the city of Sumner without holding such valid and legal credentials as may be appropriate for such duties. (Ord. 2156 § 1, 2005: Ord. 1846 § 18, 1998: Ord. 1781 § 1 (part), 1996)

15.06.030 Code enforcement officer.

A. It shall be the duty of the code enforcement officer to administer enforcement of this chapter. The code enforcement officer may call upon the police, fire, community development, public works or other city departments to assist in enforcement.

B. For purposes of this chapter, the code enforcement officer shall be the building official, who may delegate the enforcement of particular regulations to specific departments or individuals.

C. Upon presentation of proper identification, the code enforcement officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to investigate existing or potential violations pursuant to this chapter.

D. No provision or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. (Ord. 1781 § 1 (part), 1996)

15.06.040 Complaints and investigations.

The code enforcement officer shall investigate any structure or use which the code enforcement officer reasonably believes does not comply with the standards and requirements subject to the provisions of this chapter, except that violations of the zoning regulations, which are not the direct consequence of the issuance of a land use permit, shall be enforced only after receipt of a written complaint in regard thereto. (Ord. 1781 § 1 (part), 1996)

15.06.050 Notice of violation.

A. If after investigation the code enforcement officer determines that a violation pursuant to this chapter has occurred, the code enforcement officer shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:

1. The name of party responsible;

2. The address or location of the violation;

3. A separate statement of each standard, code provision or requirement violated;

4. What corrective action is necessary to comply with the standards, code provisions or requirements;

5. A reasonable time for compliance pursuant to SMC 15.06.060;

6. A statement that civil citation penalties will occur if compliance does not occur within the established timeframe for compliance;

7. A statement that, if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in SMC 15.06.110; and

8. Description of the method for appeal of the notice of violation pursuant to SMC 15.06.100.

B. The notice shall be served on the owner, tenant or other person responsible for the condition by personal service, registered mail or certified mail, with return receipt requested, addressed to the last-known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the code enforcement officer makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:

1. Publishing the notice once each week for two consecutive weeks in the city’s official newspaper; and

2. Mailing a copy of the notice to each person named on the notice of violation by first-class mail to the last-known address, if known, or if unknown, to the address of the property involved in the proceedings.

C. A copy of the notice may be posted at a conspicuous place on the property.

D. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to SMC 15.06.080, 15.06.090, 15.06.110 or 15.06.120.

E. The code enforcement officer may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure, a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.

F. A notice or order may be amended at any time in order to:

1. Correct clerical errors; or

2. Cite additional authority for a stated violation.

G. Prior to issuing a notice of violation for violations which in the judgment of the code enforcement officer are minor in nature, the code enforcement officer may informally con-

tact the responsible party to inform them of the violation and seek compliance. The code enforcement officer should not allow more than seven days for compliance pursuant to this provision. (Ord. 1781 § 1 (part), 1996)

15.06.060 Time to comply.

A. When calculating a reasonable time for compliance, the code enforcement officer shall consider the following criteria:

1. The type and degree of violation cited in the notice;

2. The stated intent, if any, of a responsible party to take steps to comply;

3. The procedural requirements for obtaining a permit to carry out the corrective action;

4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and

5. Any other circumstances beyond the control of the responsible party.

B. Unless an appeal is filed with the city clerk for a hearing before the hearing examiner in accordance with SMC 15.06.100, the notice of violation shall become the final order of the code enforcement officer. A copy of the notice may be filed with the Pierce County auditor. (Ord. 1781 § 1 (part), 1996)

15.06.070 Civil citation penalties.

Unless otherwise specified below, in addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this chapter shall be subject to a cumulative civil penalty in the maximum amount of $100.00 per day for each violation from the date set for compliance in the notice of violation until compliance with the order is achieved. The city council may establish penalty tables giving penalty amounts of less than $100.00. (Ord. 1781 § 1 (part), 1996)

15.06.080 Stop work order.

Whenever a continuing violation of this code will materially impair the code enforcement officer’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the code enforcement officer may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. Failure to comply with a stop work order shall constitute a violation of this chapter. The stop work order shall comply with the provisions of SMC 15.06.050 for content and service, except that posting on the site shall be mandatory unless not physically possible. (Ord. 1781 § 1 (part), 1996)

15.06.090 Emergency order.

A. Whenever any use or activity in violation of the provisions of this chapter threatens the health or safety of the occupants of the premises or any member of the public, the code enforcement officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health or safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a violation of this chapter.

B. Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance and the code enforcement officer is authorized to abate such nuisance summarily by such means as may be appropriate. The cost of such abatement shall be recovered from the owner or person responsible or both in the manner provided by law. The procedures for such abatement and cost recovery shall be the same as SMC 8.16.060 and 8.16.070. (Ord. 1781 § 1 (part), 1996)

15.06.100 Review by the hearing examiner.

A. Any person significantly affected by or interested in a notice of violation issued by the code enforcement officer pursuant to SMC 15.06.050 may obtain an appeal of the notice by filing such appeal within the fifteenth calendar day following service of the notice. When the last day of the period so computed is a Saturday, Sunday or a federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in writing, and upon receipt of the appeal request, the code enforcement officer shall forward the request to the office of the hearing examiner, pursuant to chapter 2.58 SMC. The filing of such an appeal shall not alter the time for compliance unless modified by the hearing examiner following a hearing. A stop work order issued pursuant to SMC 15.06.080 and an emergency order pursuant to SMC 15.06.090 may not be appealed to the hearing examiner.

B. The hearing examiner shall schedule a hearing within 30 days of the receipt of the appeal. The hearing examiner shall provide at least 10 days’ notice to the applicant and code enforcement officer of the pending hearing. No public notice of the hearing is required.

C. The hearing examiner shall have the authority to:

1. Review the procedural compliance of the notice of violation;

2. Interpret the applicable code and its application to the specific facts of the situation; provided, that the hearing examiner shall not have the authority to modify any development standards or regulations as applied pursuant to this chapter;

3. Modify the time for compliance; and

4. Modify the civil penalty.

D. At or after the appeal hearing, the hearing examiner may:

1. Sustain the notice of violation;

2. Withdraw the notice of violation;

3. Continue the review to a date certain for receipt of additional information;

4. Modify the notice of violation, which may include an extension of the compliance date;

5. Modify the civil penalty.

E. The hearing examiner shall issue a decision within 15 calendar days of the date of the completion of the review and shall cause the same to be mailed by regular first-class mail to the person(s) named on the notice of violation, and mailed to the complainant, if possible.

F. The decision of the hearing examiner shall be final and conclusive, unless an appeal is filed in the Pierce County superior court within 15 calendar days from the date of the final decision of the hearing examiner. The cost of transcription of all records shall be borne by the appellant. (Ord. 1781 § 1 (part), 1996)

15.06.110 Criminal penalties.

A. Any person violating or failing to comply with any of the provisions of this chapter and who has had a judgment entered against him or her or a civil infraction penalty imposed pursuant to this chapter within the past five years shall be subject to criminal prosecution for a gross misdemeanor and, upon conviction thereof, shall be fined in a sum not exceeding $5,000 or be imprisoned for a maximum term fixed by the court of not more than one year, or by both such fine and imprisonment. Each day of noncompliance with any of the provisions of this chapter shall constitute a separate offense.

B. The above criminal penalties may also be imposed:

1. For any other violation of the provisions of this chapter for which corrective action is possible;

2. For any wilful, intentional or bad faith failure or refusal to comply with the standards or requirements subject to this chapter;

3. For the violation of a stop work order or emergency order issued pursuant to this chapter;

4. For the removal or defacing of any sign, notice, complaint or order required by or posted in accordance with this chapter; or

5. For any person to expressly, implicitly or to give the impression of being the code enforcement officer or an inspector for the city of Sumner without holding such valid and legal credentials as may be appropriate for such duties. (Ord. 1781 § 1 (part), 1996)

15.06.120 Additional relief.

The code enforcement officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the provisions of this chapter when civil or criminal penalties are inadequate to effect compliance. (Ord. 1781 § 1 (part), 1996)

Chapter 15.08
BUILDING CODE²

Sections:

15.08.010 Codes adopted.

15.08.015 Application of chapter 15.06 SMC.

15.08.020 Amendments.

15.08.030 Building permit and plan review fees.

15.08.010 Codes adopted.

Pursuant to RCW 35A.12.140, the International Building Code, 2006 Edition, including Appendix Chapters H and I, published by the International Code Council as amended by the Washington State Building Code Council and published in chapter 51-50 WAC, is adopted by this reference except Sections 112, 113, and 903. (Ord. 2220 § 1, 2007: Ord. 2085 § 1, 2004: Ord. 1834 § 1, 1998: Ord. 1703 § 1, 1995)

15.08.015 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 9, 1996)

15.08.020 Amendments.

Section 113 of the International Building Code, 2006 Edition, as adopted by reference in SMC 15.08.010, is amended as hereinafter set forth, and as so amended shall supersede the section so numbered.

Violations and penalties.

Section 113. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

Any person, firm or corporation violating any of the provisions of this code shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110.

(Ord. 2220 § 2 (part), 2007: Ord. 2085 § 2 (part), 2004: Ord. 1834 § 2, 1998: Ord. 1782 § 10, 1996; Ord. 1742 § 1, 1996: Ord. 1703 § 2, 1995)

15.08.030 Building permit and plan review fees.

Fees for building permits shall be assessed pursuant to Table 1-A, Chapter 1, Volume 1, of the Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials. Fees for the plan review of required construction documents shall be paid by the applicant. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 1-A, except where fire plan review is also required, in which case the plan review fee, at the discretion of the fire marshal, based upon the amount of time spent in reviewing the documents, shall not exceed 35 percent of the building permit fee as shown in Table 1-A.

Where a permit involves only an addition or remodel of a single-family dwelling or single-family accessory structure, where said work is valued at $7,500 or less, the building official may waive the plan review fee.

Plan review fees specified in this section are separate fees from the permit fees specified herein and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items as defined in Section 106.3.4.2 of the International Building Code, an additional plan review fee shall be charged at a rate shown in Table 1-A. (Ord. 2220 § 2 (part), 2007: Ord. 2085 § 2 (part), 2004)

Chapter 15.10
VENTILATION AND AIR QUALITY³

Sections:

15.10.010 Code adopted.

15.10.020 Application of chapter 15.06 SMC.

15.10.030 Violation – Penalty.

15.10.010 Code adopted.

Pursuant to RCW 35A.12.140, the Washington State Ventilation and Indoor Air Quality Code, Third Edition, as adopted by the Washington State Building Code Council and filed as chapter 51-13 WAC is adopted by this reference. (Ord. 1687 § 1, 1995)

15.10.020 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 11 (part), 1996)

15.10.030 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 11 (part), 1996)

Chapter 15.12
DANGEROUS BUILDINGS⁴

Sections:

15.12.010 Code adopted.

15.12.020 Amendments.

15.12.010 Code adopted.

Pursuant to RCW 35A.12.140, the Uniform Code for the Abatement Dangerous Buildings, 1991 Edition, published by the International Conference of Building Officials except Section 205, and Chapter 5, is adopted by this reference. (Ord. 1563 § 1, 1992)

15.12.020 Amendments.

Section 203 of the Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition as adopted by reference in SMC 15.12.010, is amended to read as hereinafter set forth, and as so amended shall supersede the section so numbered:

Violations and Penalties.

Section 203. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

Any person, firm or corporation violating any of the provisions of this code shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110.

(Ord. 1782 § 13, 1996: Ord. 1563 § 2, 1992)

Chapter 15.14
UNFIT DWELLINGS,
BUILDINGS AND STRUCTURES

Sections:

15.14.010 Purpose and findings.

15.14.020 Definitions.

15.14.030 Duties of the director.

15.14.040 Duties and qualification of the board.

15.14.050 Unfit buildings.

15.14.060 Substandard buildings.

15.14.070 Nuisances.

15.14.080 Complaint.

15.14.090 Voluntary correction.

15.14.100 Hearings before the board.

15.14.110 Hearings before the hearing examiner.

15.14.120 Enforcement.

15.14.130 Costs.

15.14.140 Unfit building and nuisance abatement fund.

15.14.150 Permit required.

15.14.160 Rules and regulations.

15.14.170 Penalties.

15.14.180 Emergencies.

15.14.010 Purpose and findings.

The city council of the city of Sumner finds that unkempt, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the city of Sumner, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, adversely affect the value, utility and habitability of property within the city as a whole and specifically cause substantial damage to adjoining and nearby property. A property that is merely unkempt may reduce the value of adjoining property and there are sufficient properties that are unkempt, unsightly and dangerous, that the habitability and economic well-being of the city are materially and adversely affected. This chapter conveys to the city administration, in accord with the procedures set out below, all necessary and proper powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to those responsible, the owners and occupants of the property upon which nuisances exist, and those properties themselves. This chapter is an exercise of the city’s police power, and it shall be liberally construed to affect this purpose. (Ord. 1923 § 1, 2000)

15.14.020 Definitions.

Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter have the meaning given them by the currently adopted edition of the Uniform Building Code. Gender and number are interchangeable. Defined terms or concepts from Title 18 SMC generally apply to this chapter.

A. “Abandoned” refers to any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicia that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of chattels, location. Length of time or any particular state of mind of the owner or person entitled to possession is not conclusive in determining that property is abandoned.

B. “Board” means the Sumner improvement board and shall consist of the members of the city of Sumner design commission as defined by chapter 2.89 SMC.

C. “Boarded-up building” means any building the exterior openings of which are closed by extrinsic devices or some other manner designed or calculated to be permanent, giving to the building the appearance of non-occupancy or non-use for an indefinite period of time.

D. “Building” means any building, dwelling, structure, or mobile home, factory-built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

E. “Hearing examiner” means the individual authorized to hear appeals for the city of Sumner.

F. “Director” means the director of community development, his or her authorized deputies and representatives.

G. “Health officer” means the head of the Pierce County health department, his authorized deputies or representatives.

H. “Nuisance” includes:

1. A nuisance defined by statute or ordinance;

2. A nuisance at common law, either public or private;

3. An attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris;

4. Uncleanliness or whatever is dangerous to human life or detrimental to health;

5. Overcrowding; or

6. Abandonment or vacancy.

I. “Owner” means any person having any interest in the real estate in question as shown upon the records of the office of the Pierce County auditor, or who establishes his interest before the director, board, or hearing examiner. For the purpose of giving notice, the term “owner” also includes any person in physical possession.

J. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

K. “Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance has been sought within two years, or a notice of violation has been issued within two years. (Ord. 1923 § 2, 2000)

15.14.030 Duties of the director.

The director is the chief administrative officer for the purposes of this chapter, and his or her duties and powers include:

A. Investigation of all buildings and premises which he has reasonable grounds to believe may be unfit, substandard, boarded-up, or a nuisance;

B. Preparation, service and posting of complaints against buildings or premises believed to be in violation; and

C. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 1923 § 3, 2000)

15.14.040 Duties and qualification of the board.

A. At least two members of the board should have knowledge of or be familiar with construction principals;

B. Conducting administrative hearings and rendering decisions based upon written findings; and

C. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 1923 § 4, 2000)

15.14.050 Unfit buildings.

A. In reaching a judgment that a building is unfit for human habitation, the director, board or the hearing examiner shall consider:

1. Dilapidation;

2. Disrepair;

3. Structural defects;

4. Defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury;

5. Inadequate ventilation;

6. Uncleanliness;

7. Inadequate light;

8. Inadequate sanitary facilities;

9. Inadequate drainage;

10. Substandard conditions.

B. If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of the building’s occupants, or the occupants of neighboring buildings or of other residents of the city of Sumner, and if:

1. Structural deterioration is of such degree that:

a. Vertical members list, lean or buckle to the extent that a plumb line passing through the center of gravity falls outside the middle third of its base; or

b. Thirty-three percent of the supporting members shows damage or deterioration; or

2. The cost of restoration exceeds 60 percent of the value of the building; or

3. The building has been damaged by fire or other calamity, the cost of restoration exceeds 30 percent of the value of the building and it has remained vacant for six months or more. (Value shall be determined by reference to a current edition of “Building Valuation Data” published by the International Conference of Building Officials or, if not published, as determined by the director. Cost of restoration is the actual estimated cost, which may be determined in the same manner as “value.”) The board or the hearing examiner shall order the building or premises demolished and the land suitably filled and cleared, or shall order the property immediately vacated and secured as completely as possible pending demolition.

C. An undertaking entered into, at or prior to the hearing, by a party in interest creates a presumption that the building or premises can be reasonably repaired. The failure to accomplish such an undertaking is grounds for the board or the hearing examiner to order demolition. If by reason of any of the above conditions, a building is unfit, but no public necessity is found for its immediate demolition, the hearing examiner, board or the director may take other action, such as causing the property to be cleaned, cleared, vacated, secured or otherwise repaired, which will promote the public health, safety or general welfare. (Ord. 1923 § 5, 2000)

15.14.060 Substandard buildings.

A. In reaching a judgment that a building or premises is substandard, the director, board and the hearing examiner shall be guided by such factors as:

1. Structural unsoundness;

2. Improper sanitation;

3. Improper safety;

4. Improper weatherproofing;

5. Defective or hazardous wiring, including wiring which:

a. Did not conform with law applicable at the time of installation; or

b. Has not been maintained in good condition; or

c. Is not being used in a safe manner;

6. Defective or hazardous plumbing, including plumbing which:

a. Did not conform with law applicable at the time of installation; or

b. Has not been maintained in good condition; or

c. Is not being used in a safe manner;

7. Defective or hazardous heating or ventilating equipment, including equipment, vents and piping which:

a. Did not conform with law applicable at the time of installation; or

b. Has not been maintained in good and safe condition;

8. Fire hazard, including any building, device, apparatus, equipment, combustible waste or debris, or vegetation which may cause fire or explosion or provide ready fuel to augment the spread or intensity thereof;

9. Nuisance.

B. If these or similar conditions are found to exist, the board or hearing examiner shall order the building or premises repaired, cleaned, cleared or otherwise brought into compliance with current codes, and may order the property vacated and secured as completely as possible pending such repair or other action. (Ord. 1923 § 6, 2000)

15.14.070 Nuisances.

A. In determining that a nuisance exists, the director, board and the hearing examiner will consider whether the conditions:

1. Annoy, injure or endanger the comfort, repose, health or safety of others;

2. Offend decency;

3. Offend the senses;

4. Unlawfully interfere, obstruct, tend to obstruct or endanger the passage of any stream, park, parkway, square, street, sidewalk, easement or way;

5. Render others insecure in life or use of property;

6. Obstruct the full use of property so as to essentially interfere with the comfortable enjoyment of life or property;

7. Violate any provision of this code, especially SMC Titles 8, 15 and 18; or

8. Are unlawful or illegal.

B. If the board or hearing examiner finds that a nuisance exists, they shall order it abated and may order the property otherwise secured pending abatement. (Ord. 1923 § 7, 2000)

15.14.080 Complaint.

If, after a preliminary investigation of any building or premises, the director finds that it is unfit, substandard, boarded-up, required to be boarded-up, or a nuisance; he or she shall cause the owners to be served, either personally or by first class and certified mail, with return receipt requested, and shall post in a conspicuous place on such property, a complaint stating in what respect such building is unfit for human habitation or other use or is substandard or that it is or should be a boarded-up building or that the premises is a nuisance, together with the corrective action to be taken and the fees and costs to be paid. If the whereabouts of such person is unknown and cannot be ascertained by the director in the exercise of reasonable diligence, he or she shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the notice and orders by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, or at the address known to the county assessor. A copy of the notice and order shall also be mailed, addressed to each person, at the address of the building involved in the proceedings, if different, and to each person or party having a recorded right, title, estate, lien, or interest in the property. Such complaint shall contain a notice that a hearing will be held before the board at a place therein fixed, not less than 10 days nor more than 30 days after the service of such complaint; that all parties in interest shall be given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the time and place fixed in the complaint. A copy of such complaint shall also be filed with the auditor of Pierce County, and such filing of the complaint or order shall have the force and effect of lis pendens. (Ord. 1923 § 9, 2000)

15.14.090 Voluntary correction.

A. The director may secure voluntary correction by agreement with the owner.

B. The voluntary correction agreement is a contract between the city and the owner in which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary agreement must include:

1. The name and address of the owner or person bound under the contract;

2. The street address and a legal description sufficient to identify the premises;

3. A description of the violation and a reference to the provisions of this code or other regulation that has been violated;

4. The corrective action to be taken, and a date and time by which the corrective action must be completed;

5. An agreement by the owner that the city of Sumner may abate the violation and recover its costs and expenses pursuant to this chapter if all terms of the voluntary agreement are not met;

6. A waiver by the owner of his right to any administrative or legal review of the violations, the appropriate corrections, and all other rights except those in the agreement;

7. The administrative costs to be paid and by whom;

8. Permission by the owner for the city to enter upon the property at any time or, in the case of occupied property, at reasonable times until the violation is abated; and

9. An acknowledgement.

C. The director may grant an extension for corrections or modifications if the owner has been diligent and made substantial progress but has been unavoidably delayed. (Ord. 1923 § 10, 2000)

15.14.100 Hearings before the board.

A. Unless, prior to the time fixed for hearing in the complaint issued by the director, arrangements satisfactory to the director for the repair, demolition, vacation or re-occupancy of the building or premises are made, including the proper application for permits, or abatement of the nuisance, the board shall hold a hearing for the purpose of determining the immediate disposition of the building or premises. The hearing will be canceled if the director approves the completed corrective action at least 48 hours before the scheduled hearing.

B. The Board shall conduct a hearing pursuant to its adopted rules. The director or his or her designee and the owner may participate as parties in the hearing and each party may call witnesses. Any complainant or person affected by the violation may appear and present evidence. The city shall have the burden of demonstrating by a preponderance of evidence that a violation has occurred and that the required corrective action is reasonable. The determination of the director shall be accorded substantial weight. If the owner fails to appear at the scheduled hearing, the board will enter an order finding that the violation occurred and assess the appropriate costs.

C. The board shall issue an order to the owner that contains the following information:

1. The decision regarding the alleged violation including findings of fact and conclusions based thereon.

2. The required corrective action.

3. The date and time by which the correction must be completed.

4. The costs assessed.

5. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.

6. The decision shall state that the owner has the right to appeal to the hearing examiner within 30 days and, unless he does appeal or comply with the order, the city shall have the power, without further notice or proceedings, to vacate and secure the building or premises and do any act required of the owner in the order of the board, and to charge any expenses incurred thereby to the owner and assess them against the property.

D. The director shall mail by certified mail, a copy of the decision to the owner or occupant within 10 working days following the hearing.

E. If no appeal is filed, a copy of such order shall be filed with the auditor of Pierce County and shall be a final order. (Ord. 1923 § 11, 2000)

15.14.110 Hearings before the hearing examiner.

A. The purpose of the hearing examiner under this chapter is to review the proceedings and orders of the board and to affirm, modify or vacate said orders.

B. Within 30 days from the date of service and posting of an order of the board, an owner may file an appeal with the hearing examiner by filing a written notice of appeal with the city clerk setting out the reasons he believes the findings or order of the director to be erroneous. There will be not less than 10 or more than 30 days from the date of said appeal or referral and the hearing. Notice of the time and place of the hearing shall be made in accord with SMC 15.14.080. The matter of the appeal will be scheduled for public hearing before the hearing examiner so as to allow 10 days’ notice of the hearing to the appellant and all interested parties and to permit final decision thereon to be made within 60 days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the board, except so much thereof as requires temporary measures, such as securing of the building to minimize any emergent danger to the public health or safety.

C. Upon the public hearing of the appeal, the hearing examiner shall consider the file of the proceedings before the board and such other evidence as may be presented. After the hearing, the examiner may affirm, modify or vacate the order of the board, or may continue the matter for further deliberation or presentation of additional evidence. Normally the hearing examiner will not accept new evidence or evidence not made available to the board in the absence of good cause. The examiner’s review is on the record, not de novo. A record of the proceedings shall be made and kept for one year or until the matter is final, whichever is longer. The examiner shall cause its findings of fact and order to be made in writing; provided, he may adopt the findings and order of the board, or so much thereof as supports its decision. Such findings and order shall be served and posted in the same manner as an order of the board. In addition, such notice shall state that the owner has the right to petition the superior court of Pierce County for appropriate relief within 30 days after the order becomes final.

D. Any action taken by the hearing examiner shall be final 60 days after the filing of a notice of appeal unless continued with consent of the owner or occupant. In the event that the examiner fails to reach a decision or continues the hearing beyond 60 days after the filing of an appeal, the board’s order and finding shall be that of the examiner’s, and shall be final and subject to petition to the superior court; provided, any continuance at the request or with the consent of any owner or occupant shall suspend the running of the 60 days allowed for final decision, for the length of the continuance. (Ord. 1923 § 12, 2000)

15.14.120 Enforcement.

A. The order of the board or the hearing examiner may prescribe times within which demolition shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time for appeal, the director may cause the building to be demolished and the premises to be suitably filled and cleared as provided by SMC 15.14.050. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the board or the examiner may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the board or the examiner may cause the building to be demolished and the premises suitably filled and cleared as provided by SMC 15.14.050. The director shall let bids for any demolition in accordance with SMC 15.14.130.

B. If other action ordered by the board or the hearing examiner is not taken within the time prescribed, or if no time is specified within the time for appeal, the director may cause the action to be taken by the city.

C. If the director deems it necessary to have the building secured as an interim measure for the protection of the public health and welfare while pending action, he may so order. If the owner is unable or unwilling to secure the building within 48 hours, the director may order the building secured by the city.

D. If the owner is unable to comply with the board or hearing examiner’s order within the time required, and the time for appeals to the examiner or petition to the court has passed, he may, for good and sufficient cause beyond his control, request in writing an extension of time. The board or the hearing examiner may grant a reasonable extension of time after a finding that the delay was beyond the control of the owners. There shall be no appeal or petition from the board or the hearing examiner’s ruling on an extension of time. (Ord. 1923 § 13, 2000)

15.14.130 Costs.

A.  1. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the city, shall be assessed against the real property upon which such costs were incurred unless paid. The director shall forward such costs to the city treasurer, who shall certify them to the county auditor for assessment on the tax rolls.

2. Bids for demolition shall be let only to a licensed contractor. The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his bid accordingly. The contract price fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage value. Such bids may be let prior to the time for compliance or appeal, but shall not be binding or accepted until the order for demolition is final. The director shall have the authority to sign the contract on behalf of the city.

3. There shall be charged against the owner and assessed against the property of any boarded-up building an annual inspection fee of $250.00. Such fee shall be payable at the time the building becomes a boarded-up building. The hearing examiner or board shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the time the preceding annual fee has been exhausted.

B.  1. Actual costs and expenses will be assessed in accord with the provisions of this section.

2. In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner:

a. Where abatement is accomplished prior to board hearing:

Nuisance, $100.00;

Substandard building, $200.00;

Unfit building, $300.00.

Provided, the director may waive these fees for a first offense if abatement is complete 48 hours prior to a board hearing; provided further, that where abatement is accomplished by voluntary agreement, the director shall charge at least $50.00 per month per acre or fractions thereof.

b. Where abatement is accomplished subsequent to or less than 48 hours prior to a board hearing:

Nuisance, $500.00;

Substandard building, $1,000;

Unfit building, $1,500.

c. Where abatement is accomplished following breach of an agreement or understanding between a property owner and director, board, or hearing examiner:

Nuisance, $1,000;

Substandard building, $2,000;

Unfit building, $3,000.

d. Where the abatement is accomplished by the city following hearing or default of the property owner:

Nuisance, $1,000;

Substandard building, $2,000;

Unfit building, $3,000.

3. For cases heard by the board of appeals add $500.00.

4. For repeat violations, costs shall be doubled.

C. The director, board, or hearing examiner may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In setting costs, they may reduce the costs to an owner who has acted in good faith and would suffer extreme financial hardship. They may increase costs if it appears that the scheduled costs are inadequate to make the city whole with respect to a particular violation. (Ord. 1923 § 14, 2000)

15.14.140 Unfit building and nuisance abatement fund.

A fund shall be created to retain the moneys collected pursuant to this chapter and pay for any demolitions and nuisance abatements undertaken by the city. (Ord. 1923 § 15, 2000)

15.14.150 Permit required.

Any work including construction, repairs or alterations under this chapter to rehabilitate any building or structure, may require a permit in accord with the provisions of SMC Titles 5, 15, 17 or 18. (Ord. 1923 § 16, 2000)

15.14.160 Rules and regulations.

The director and board may make and promulgate such rules and regulations as will effectuate the purposes of this chapter and do substantial justice. (Ord. 1923 § 17, 2000)

15.14.170 Penalties.

It shall be unlawful and a violation of this chapter to knowingly:

A. Occupy or suffer to be occupied any building or premises ordered vacated;

B. Fail to comply with any order issued pursuant to this chapter; or

C. Obstruct any officer or agent of the city of Sumner or other governmental unit in the enforcement of this chapter.

Violation of this chapter is a gross misdemeanor. (Ord. 1923 § 18, 2000)

15.14.180 Emergencies.

The provisions of this chapter shall not prevent the director or any other officer of the city of Sumner or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. (Ord. 1923 § 19, 2000)

Chapter 15.16
ELECTRICAL CODE⁵

Sections:

15.16.010 National Electric Code adopted.

15.16.020 Repealed.

15.16.030 Removal of unused conductors.

15.16.040 Plans and specifications.

15.16.050 Meter identification.

15.16.060 Inspectors appointed.

15.16.010 National Electric Code adopted.

Pursuant to RCW 35A.12.140, the National Electric Code, the edition currently adopted by the state of Washington, Department of Labor and Industries, and the Department of Labor and Industries Electrical Inspection Section Laws, Rules and Regulations for Installing Electrical Wires and Equipment, the edition currently adopted by the state of Washington, Department of Labor and Industries, are adopted by this reference. (Ord. 1688 § 1, 1995)

15.16.020 Special protection required.

Repealed by Ord. 1745. (Ord. 1688 § 2, 1995)

15.16.030 Removal of unused conductors.

Electrical conductors not in use shall be removed unless otherwise approved by the building official. (Ord. 1688 § 3, 1995)

15.16.040 Plans and specifications.

Duplicate sets of printed documents of all proposed electrical installations shall be submitted to the building official for review. Such documents shall include the following:

A. All electric panel locations.

B. Exit signs and exit illumination. (Ord. 1688 § 4, 1995)

15.16.050 Meter identification.

Where more than one electric meter is used on a building, all meters must be identified by permanently indicating the apartment, occupancy or area served by each meter. (Ord. 1688 § 5, 1995)

15.16.060 Inspectors appointed.

The state of Washington Electrical Inspectors, Department of Labor and Industries, are appointed as the electrical inspectors for the city. All forms and notices required for the administration of the code and rules and regulations shall be furnished by the state of Washington Electrical Inspectors, Department of Labor and Industries. (Ord. 1688 § 6, 1995)

Chapter 15.20
ENERGY CODE⁶

Sections:

15.20.010 State code adopted.

15.20.020 Application of chapter 15.06 SMC.

15.20.030 Violation – Penalty.

15.20.010 State code adopted.

Pursuant to RCW 35A.12.140, the Washington State Energy Code, 1994 Edition, as amended by the Washington State Building Code Council and filed as chapter 51-11 WAC, is hereby adopted by this reference. (Ord. 1689 § 1, 1995)

15.20.020 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 14 (part), 1996)

15.20.030 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this code shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 14 (part), 1996)

Chapter 15.24
FIRE CODE

Sections:

15.24.010 Adoption of the International Fire Code (IFC).

15.24.020 Establishment and duties of the bureau of fire prevention.

15.24.030 Definitions.

15.24.040 Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited.

15.24.050 Establishment of limits of districts in which storage of liquefied petroleum gases is prohibited.

15.24.060 Establishment of limits of districts in which storage of explosives and blasting agents is to be prohibited.

15.24.070 Establishment of limits of districts in which the storage of compressed natural gas is to be prohibited.

15.24.080 Amendments to the International Fire Code.

15.24.090 Appeals.

15.24.100 New materials, processes or occupancies which may require permits.

15.24.110 Application of chapter 15.06 SMC, Enforcement.

15.24.120 Plans – Professional approval.

15.24.130 Plans – City approval.

15.24.140 Severability.

15.24.010 Adoption of the International Fire Code (IFC).

Pursuant to RCW 35A.12.140, there is hereby adopted by the city council of the city of Sumner for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion that certain code known as the International Fire Code, being particularly the 2006 Edition thereof and the whole thereof including Appendix B, save and except such portions as are hereinafter deleted, modified or amended by SMC 15.24.080. The same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city of Sumner. (Ord. 2244 § 1, 2007: Ord. 2223 § 1 (part), 2007)

15.24.020 Establishment and duties of the bureau of fire prevention.

A. The 2006 International Fire Code as adopted and amended herein shall be enforced by the bureau of fire prevention in the fire department of the city of Sumner which is hereby established and shall be operated under the supervision of the chief of the fire department.

B. The chief in charge of the bureau of fire prevention shall be appointed by the mayor on the basis of examination to determine his or her qualifications.

C. The chief of the fire department shall recommend to the mayor the employment of technical inspectors who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. (Ord. 2223 § 1 (part), 2007)

15.24.030 Definitions.

As used in the 2006 International Fire Code:

A. “Corporation counsel” means the city attorney.

B. “Fire chief” means the fire chief of Pierce County Fire Protection District No. 22 (East Pierce Fire and Rescue) or his/her designee.

C. “Jurisdiction” means within the city limits of the city of Sumner.

D. “Municipality” means the city of Sumner. (Ord. 2223 § 1 (part), 2007)

15.24.040 Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited.

The limits referred to in Section 3404.2.9.5 of the 2006 International Fire Code, in which the storage of flammable or combustible liquids is restricted, are hereby established within areas zoned other than M-1 or M-2. (Ord. 2223 § 1 (part), 2007)

15.24.050 Establishment of limits of districts in which storage of liquefied petroleum gases is prohibited.

The limits referred to in Section 3804.2 of the 2006 International Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established within areas zoned other than M-1 or M-2. (Ord. 2223 § 1 (part), 2007)

15.24.060 Establishment of limits of districts in which storage of explosives and blasting agents is to be prohibited.

The limits referred to in Section 3301 of the 2006 International Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established within all areas lying within the corporate limits. (Ord. 2223 § 1 (part), 2007)

15.24.070 Establishment of limits of districts in which the storage of compressed natural gas is to be prohibited.

The limits referred to in Section 2208 of the 2006 International Fire Code, in which the storage of compressed natural gas is prohibited, are hereby established within all limits zoned other than M-1 or M-2. (Ord. 2223 § 1 (part), 2007)

15.24.080 Amendments to the International Fire Code.

The following sections of the International Fire Code are hereby amended to read as follows:

Chapter 5

BUILDINGS AND FACILITIES

503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of building hereafter constructed or moved into or within the jurisdiction. The fire apparatus road shall comply with the requirements of this section and shall extend 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.

Exceptions: The Fire Code Official is authorized to increase the dimension of 150 feet where:

1. The building is equipped 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 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.

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 IFC Chapter 23.

503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.7.

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet or 28 feet with parking on one side except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches.

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 be surfaced so as to provide all weather driving capabilities.

503.2.4 Turning Radius. The required turning radius of a fire apparatus access road shall have a minimum inside turning radius of 28 feet.

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 (see Appendix D of the International Fire Code).

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. 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 within the limits established by the Fire Code Official based on the fire department’s apparatus.

503.3 Marking. Where required by the Fire Code Official, approved signs or other approved notices shall be provided for fire apparatus roads to identify such roads or prohibit the obstruction thereof. Signs or notices shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary for adequate visibility.

In accordance with the Washington State Highway Commission Sign Fabrication Manual M240-70 HT and the Manual of International Traffic Control Devices issued by the Federal Highway Administration, per illustration:

Lettering Specifications:

3" – Class C Width

2" – Class C Width

1/2" – Class C Width

Entrance Signs: The chief may allow the use of entrance signs for multi-family dwelling occupancies. When allowed, the signs shall be placed at each entrance to the property. Signs shall be in a clearly conspicuous location and shall clearly state “Notice, All Roads Are Emergency Vehicle Lanes, Park in Marked Stalls Only.”

Lettering Specifications:

4" – Class C Width

3" – Class C Width

1" – Class C Width

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.

503.6 Security Gates. The installation of security gates across a fire apparatus access road shall be approved by the Fire Chief. Where security gates are installed, they shall meet the following requirements:

1. Locked gates shall have an approved key box or key override system installed.

2. Gates serving 10 or more dwelling units shall have an Opticom activation system, Knox key override system or an equivalent and compatible system approved by the Fire Chief.

3. All electrically activated gates shall have default capabilities to the unlock position.

4. The minimum clearance width of a gate shall be compatible with the required width of the fire apparatus access road. Gate posts, keypads and other gate appurtenances shall be located in such a manner that they will not obstruct or restrict ingress and egress of emergency vehicles.

5. The security gate and the emergency operation shall be maintained operational at all times.

505.1 Premises Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inch. In addition, new and existing buildings located 100' or more from the street right-of-way shall have the same 6 inch address dimension on the building and at the street.

1. Multi-Family Residential, Commercial, or Small Business:

Amount of Setback	Number/Letter Size
50 Feet or less	6 inches
51 Feet to 100 Feet	12 inches
100 Feet or more	18 inches
Individual Apartment Units	4 inches

2. Large Commercial or Industrial Complexes:

Amount of Setback	Number/Letter Size
50 Feet or less	12 inches
51 Feet to 100 Feet	18 inches
100 Feet or more	24 inches

Section 903

AUTOMATIC SPRINKLER SYSTEMS

903.1 General. Automatic sprinkler systems shall comply with this section.

1. For structures with unknown tenants, the sprinkler density of .39 per 5,600 square feet shall be used for design purposes where required by the Fire Chief.

903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in lieu of automatic sprinkler protection where recognized by the applicable standard and approved by the fire code official.

903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section.

Gross floor area. For purposes of this chapter, gross floor area shall be defined in Chapter 10, International Building Code, 2006 edition.

1. All buildings hereinafter constructed or enlarged as defined by the International Fire Code, 2006 edition, shall be equipped with a fully automatic sprinkler system designed, installed, maintained and tested per NFPA 13, 13D, 13R, or 25, the edition currently adopted by the city, where the gross floor area or occupant load exceeds those listed below, or the building is 35 feet in height or three or more stories.

Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A-3 and A-4 occupancies, the automatic sprinkler system shall be provided throughout the floor area where the Group A-1, A-2, A-3 or A-4 occupancy is located, and in all floors between the Group A occupancy and the level of exit discharge. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in Section 903.2.1.5.

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists:

1. The gross floor area exceeds 5,000 square feet;

2. The gross floor area has an occupant load of 100 or more;

3. The gross floor area is located on a floor other than the level of exit discharge; or

4. The gross floor area contains a multi-theater complex.

903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists:

1. The gross floor area exceeds 5,000 square feet;

2. The gross floor area has an occupant load of 100 or more; or

3. The gross floor area is located on a floor other than the level of exit discharge.

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists:

1. The gross floor area exceeds 5,000 square feet;

2. The gross floor area has an occupant load of 100 or more; or

3. The gross floor area is located on a floor other than the level of exit discharge.

Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit.

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists:

1. The gross floor area exceeds 5,000 square feet;

2. The gross floor area has an occupant load of 100 or more; or

3. The gross floor area is located on a floor other than the level of exit discharge.

Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit.

903.2.1.5 Group A-5. An automatic sprinkler system shall be provided in concession stands, retail areas, press boxes, and other accessory use areas in excess of 1,000 square feet of gross floor area.

903.2.1.6 Group B. An automatic sprinkler system shall be provided throughout all buildings with a Group B occupancy where one of the following conditions exists:

1. Where the gross floor area of a Group B occupancy exceeds 5,000 square feet;

2. Where the gross floor area of a Group B occupancy is located more than three stories above grade; or

3. Where the combined gross floor area of all Group B occupancies on all floors, including any mezzanines, exceeds 5,000 square feet.

903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E occupancies where the gross floor area exceeds 5,000 square feet.

2. Throughout every portion of educational buildings below the level of exit discharge.

Exception: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level.

903.2.3 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. Where the gross floor area of a Group F-1 occupancy exceeds 5,000 square feet;

2. Where the gross floor area of a Group F-1 occupancy is located more than three stories above grade; or

3. Where the combined floor area of all Group F-1 occupancies on all floors, including any mezzanines, exceeds 5,000 square feet.

903.2.3.1 Woodworking Operations. An automatic sprinkler system shall be provided throughout all Group F-1 occupancy fire areas that contain woodworking operations in excess of 2,500 square feet in gross floor area which generate finely divided combustible waste or which use finely divided combustible materials.

903.2.4 Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as required in Sections 903.2.4.1 through 903.2.4.3.

903.2.4.1 General. An automatic sprinkler system shall be installed in Group H occupancies.

903.2.4.2 Group H-5 Occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that required under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.4.2.

Where the design area of the sprinkler system consists of a corridor protected by one row of sprinklers, the maximum number of sprinklers required to be calculated is 13.

TABLE 903.2.4.2

GROUP H-5 SPRINKLER DESIGN CRITERIA

LOCATION	OCCUPANCY HAZARD CLASSIFICATION
Fabrication areas	Ordinary Hazard Group 2
Service corridors	Ordinary Hazard Group 2
Storage rooms without dispensing	Ordinary Hazard Group 2
Storage rooms with dispensing	Extra Hazard Group 2
Corridors	Ordinary Hazard Group 2

903.2.4.3 Pyroxylin Plastics. An automatic sprinkler system shall be provided in buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding 100 pounds.

903.2.5 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area.

Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.2.1.3 shall be allowed in Group I-1 facilities.

903.2.6 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. Where the gross floor area of a Group M occupancy exceeds 5,000 square feet;

2. Where the gross floor area of a Group M occupancy is located more than three stories above grade; or

3. Where the combined gross floor area of all Group M occupancies on all floors, including any mezzanines, exceeds 5,000 square feet.

903.2.6.1 High-Piled Storage. An automatic sprinkler system shall be provided as required in Chapter 23 in all buildings of Group M occupancy where storage of merchandise is in high-piled or rack storage arrays. Permits may be required.

903.2.7 Group R. An automatic sprinkler system shall be provided throughout all buildings containing a Group R occupancy where one of the following conditions exists:

1. Where the gross floor area exceeds 5,000 square feet. Decks under the projection of the roof structure shall be included for purposes of calculating the gross floor area; or

2. Where the gross floor area of the basement exceeds 1,500 square feet.

Exception: Group R-3 Occupancies.

903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. Where the gross floor area of a Group S-1 occupancy exceeds 5,000 square feet;

2. Where the gross floor area of a Group S-1 occupancy is located more than three stories above grade; or

3. Where the combined gross floor area of all Group S-1 occupancies on all floors, including any mezzanines, exceeds 5,000 square feet.

903.2.8.1 Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with the International Building Code, as follows:

1. Buildings two or more stories in height, including basements, with a gross floor area containing a repair garage exceeding 5,000 square feet.

2. One-story buildings with a gross floor area containing a repair garage exceeding 5,000 square feet.

3. Buildings with a repair garage servicing vehicles parked in the basement.

903.2.8.2 Bulk Storage of Tires. Buildings and structures where the area for the storage of tires exceeds 20,000 cubic feet shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

903.2.9 Group S-2. An automatic sprinkler system shall be provided throughout buildings classified as an enclosed parking garage in accordance with the International Building Code or where located beneath other groups.

Exception: Enclosed parking garages located beneath Group R-3 occupancies.

903.2.9.1 Commercial Parking Garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the gross floor area exceeds 5,000 square feet.

903.2.10 Windowless stories in all occupancies. An automatic sprinkler system shall be installed in the locations set forth in Sections 903.2.10.1 through 903.2.10.1.3.

Exception: Group R-3 and Group U.

903.2.10.1 Stories and Basements Without Openings. An automatic sprinkler system shall be installed in every floor or basement of all buildings where the gross floor area exceeds 1,500 square feet and where there is not provided at least one of the following types of exterior wall openings:

1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located in each 50 linear feet (15,240 mm), or fraction thereof, of exterior wall in the story on at least one side.

2. Openings entirely above the adjoining ground level totaling at least 20 square feet (1.86 m²) in each 50 linear feet (15,240 mm), or fraction thereof, of exterior wall in the story on at least one side.

903.2.10.1.1 Opening Dimensions and Access. Openings shall have a minimum dimension of not less than 30 inches (762 mm). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior.

903.2.10.1.2 Openings on One Side Only. Where openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet (22,860 mm) from such openings, the story shall be equipped throughout with an approved automatic sprinkler system or openings as specified above shall be provided on at least two sides of an exterior wall of the story.

903.2.10.1.3 Basements. Where any portion of a basement is located more than 75 feet (22,860 mm) from openings required by Section 903.2.10.1, the basement shall be equipped throughout with an approved automatic sprinkler system.

903.2.10.3 Building height. An automatic sprinkler system shall be installed throughout buildings 35 feet in height or three or more stories.

Exceptions:

1. Airport control towers

2. Open parking structures

3. Occupancies in Group F-2

903.2.10.4 Special storage locations. An automatic sprinkler system shall be installed in rooms where nitrate film is stored or handled and in protected combustible fiber storage vaults as defined in the fire code.

903.3.1.1.1 Exempt locations. Subject to the approval of the Fire Chief, automatic sprinklers may be omitted in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains electrical equipment.

1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard, as in manufacture or storage of quantities of aluminum powder, calcium carbide, calcium phosphide, metallic sodium or potassium, quicklime, magnesium powder, sodium peroxide or like or similar materials.

2. Safe deposit or other vaults of fire-resistive construction, when used for the storage of record files and other documents, when stored in metal cabinets.

3. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire chief.

4. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.

5. In rooms or areas that are of non-combustible construction with wholly non-combustible contents.

6. Agricultural buildings, private garages, carports and small sheds that fall in the Group U occupancy classification.

7. In rooms or areas where other approved fire extinguishing systems are installed to protect special hazards or occupancies in lieu of automatic fire sprinklers.

903.3.7 Fire department connections. The location of fire department connections shall be approved by the fire chief. Where possible, fire department connections shall be located not less than 50 feet from the protected building and not more than 50 feet from a fire hydrant.

903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be installed on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

903.4.4 Indicating valves. All automatic sprinkler systems shall be provided with a listed and approved indicating valve. Such valve shall be provided on the exterior of the building in a location to be determined by the Fire Chief. When possible, such valve shall be located not less than 50 feet from the protected structure.

903.5 Testing and maintenance. Sprinkler systems shall be tested and maintained in accordance with Section 901. A copy of the annual inspection report shall be signed by the individual conducting the inspection, and a copy of the report shall be forwarded to the fire department.

903.6 Existing buildings. Approved automatic sprinkler systems shall be installed in existing buildings and structures as described below:

A. Where the gross floor area exceeds 8,000 square feet and one or more of the following conditions exist:

i. There is a change of occupancy classification within the building that would require an occupancy separation per Table 508.3.3 of the International Building Code.

ii. Any changes to the building which in their aggregate would increase the gross floor area of the building by 15 percent or more based upon the square footage of the building at the time of the adoption of the ordinance codified in this section.

iii. There is a change to the building, such as changes to the exiting system, that would increase the hazard to the occupants and/or fire suppression personnel.

Exception: The installation of an approved automatic sprinkler system is not required in existing buildings or structures where the gross floor area exceeds 8,000 square feet if a permit is requested for:

(a) Tenant improvements where there is no change in occupancy classification within the building that would require an occupancy separation per Table 508.3.3 of the International Building Code and the change to the building would not increase the hazard to the occupants and or fire suppression personnel; or

(b) Routine maintenance which includes but is not limited to (1) utility upgrades (replacement of electrical panel, replacement of wiring, new water or sewer service); (2) aesthetic upgrades (replacement of windows or doors, replacement of facades); (3) routine repairs (roof replacement or repair, siding replacement); or (4) site upgrades (landscaping replacement, parking area repairs).

B. Where the gross floor area is 8,000 square feet or less and one or more of the following conditions exist:

i. There is a change to the building that would increase the gross floor area of the building such that the gross floor area exceeds 9,200 square feet.

SECTION 907

FIRE ALARMS & DETECTION SYSTEMS

907.1.3 In addition to those requirements found in Section 907.2 of the 2006 International Fire Code, the following shall apply.

907.1.3.1 New Buildings and Structures. An approved manual and automatic fire alarm system shall be provided in accordance with this section, and in all structures exceeding 5,000 square feet gross floor area.

907.1.3.2 Existing Buildings and Structures. An approved manual and automatic fire alarm system shall be provided in accordance with this section, and in all structures exceeding 5,000 square feet gross floor area, which are altered as defined by the 2006 International Building Code and International Fire Code.

(Ord. 2244 § 2, 2007; Ord. 2223 § 1 (part), 2007)

15.24.090 Appeals.

Whenever the fire chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the fire chief to the board of appeals within 20 days from the date of the decision as provided by chapter 15.04 SMC. (Ord. 2223 § 1 (part), 2007)

15.24.100 New materials, processes or occupancies which may require permits.

The mayor, the fire chief and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the International Fire Code, 2006 Edition. The chief of the bureau of fire prevention shall post such list in a conspicuous place at the bureau of fire prevention and distribute copies thereof to interested persons. (Ord. 2223 § 1 (part), 2007)

15.24.110 Application of chapter 15.06 SMC, Enforcement.

The provisions of chapter 15.06 SMC shall apply to this chapter; provided, however, that any violation or failure to comply with any of the provisions of Section 902.2.4.1 of the International Fire Code, 2006 Edition, shall constitute a traffic infraction and any person found in violation thereof shall be punished by a maximum penalty of $250.00. (Ord. 2223 § 1 (part), 2007)

15.24.120 Plans – Professional approval.

Only plans approved by the Washington State Survey and Rating Bureau or certified and stamped by a fire protection engineer shall be accepted. Four sets of approved automatic sprinkler system plans shall be submitted to the building official or fire chief. (Ord. 2223 § 1 (part), 2007)

15.24.130 Plans – City approval.

No building shall be occupied prior to installation and approval of required automatic sprinkler and fire alarm systems as set forth in this chapter. (Ord. 2223 § 1 (part), 2007)

15.24.140 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter or the International Fire Code, 2006 Edition, or its application to any person or circumstance, is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2223 § 1 (part), 2007)

Chapter 15.28
FIRE FLOWS AND HYDRANTS

Sections:

15.28.010 Definitions.

15.28.020 Hydrants required.

15.28.030 Fire flow requirements.

15.28.040 Flush-type hydrants prohibited.

15.28.050 Engineering and materials.

15.28.060 Location and spacing.

15.28.070 Notice of completion.

15.28.080 Buildings set back from street.

15.28.090 Hydrant accessibility.

15.28.100 Deadend mains prohibited.

15.28.110 Plan approval required for building permit.

15.28.120 Appeals.

15.28.125 Application of chapter 15.06 SMC.

15.28.130 Violation – Penalty.

15.28.010 Definitions.

For the purposes of this chapter, the following words, terms, phrases, and their derivations shall have the meanings given in this section unless the context otherwise indicates. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory.

A. “Approving authority” means the chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue), or his appointee.

B. “AWWA” means the American Water Works Association.

C. “Board of appeals” means the city council.

D. “City of Tacoma steamer thread” means a thread conforming to the following specifications: thread outside diameter finished with 0.020 inches cut off the top shall be 5.09 inches; diameter at the root of the thread with 0.020 inches left in the valley shall be 4.74 inches; there shall be four threads per inch and the thread pattern shall be modified 60 degrees “V” thread; the total length of the threaded male nipple shall be one and one-eighth inches.

E. “Fire department” means Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue).

F. “Fire flow” means the measure of the sustained flow of available water for firefighting at a specific building or within a specific area at 20 pounds per square inch residual pressure.

G. “Fire marshal” means the fire chief or his appointee.

H. “Flush-type hydrant” means a hydrant installed entirely below grade.

I. “Private hydrant” means a fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. The location may be such that it is not readily accessible for immediate use by the fire authority for other than certain private property.

J. “Public hydrant” means a fire hydrant situated and maintained to provide water for firefighting purposes without restriction as to use for that purpose. Public fire hydrants shall be normally placed on public rights-of-way. The location is such that it is accessible for immediate use of the fire authority at all times.

K. “UBC” means the Uniform Building Code as adopted, including amendments, by the city of Sumner.

L. “UL” means Underwriters’ Laboratories, Inc.

M. “Water authority” means the city water department or any other entity legally distributing water to fire hydrants within the city. (Ord. 2200 § 14, 2007; Ord. 1155 § 1, 1981)

15.28.020 Hydrants required.

All buildings constructed within the city shall be served by fire hydrants installed in accordance with the requirements of this chapter. In addition, presently existing fire hydrants which do not conform with the requirements and standards of this chapter, when replaced, shall be replaced with fire hydrants which do conform to the standards and requirements of this chapter. All fire hydrants shall be served by the water department or an entity legally distributing water within the city. All fire hydrants shall be subject to testing, inspection

and approval by the fire department. (Ord. 1155 § 2, 1981)

15.28.030 Fire flow requirements.

A. All new water mains installed within the city shall conform to the minimum sizing as established by the current comprehensive water plan of the appropriate water authority.

B. All costs for extension and/or upgrading of mains and all valves and fire hydrants required by this chapter, shall be borne by the developer. Such costs may be subject to latecomer charges as provided for in SMC 13.24.260(A).

C. All fire hydrants newly installed in single-family residential areas shall be supplied by a water main of a minimum size of either eight inches in diameter for deadend mains or a minimum of six inches for circulating mains and shall be capable of delivering a minimum 1,000 gallons per minute fire flow over and above average maximum demands at the farthest point of the installation. An exception to the above minimum water flow requirements for single-family dwellings may be given if a new single-family dwelling, that will be served by an existing main without extension, is built on a platted lot which existed on the effective date of this chapter.

D. All buildings, except single-family dwellings, shall have fire hydrants supplied by a water distribution system capable of delivering fire flows determined by the fire marshal, based upon criteria set forth in the Insurance Service Offices, Guide To Determination Of Required Fire Flows, current edition, over and above average maximum demands at the farthest point of the system. (Ord. 1155 § 3, 1981)

15.28.040 Flush-type hydrants prohibited.

The installation of flush-type fire hydrants are prohibited unless approved by the fire marshal. (Ord. 1155 § 4, 1981)

15.28.050 Engineering and materials.

The installation of all fire hydrants shall be in accordance with sound engineering practices. In addition, the following requirements shall apply to all building construction projects:

A. Two copies of detailed plans or drawings, accurately indicating the location of all valves and fire hydrants to be installed shall be submitted to the fire marshal prior to the commencement of any construction.

B. All fire hydrants must be approved by the appropriate water authority prior to installation.

C. All construction of the fire hydrant installation and its attendant water system connection shall conform to the design standards and specifications promulgated by the appropriate water authority.

D. Fire hydrant installations shall be adequately protected against vehicular damage, in accordance with the standards and specifications promulgated by the appropriate water authority.

E. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the fire hydrant without disruption of water service.

F. All fire hydrants shall stand plumb, be set to the finished grade with the lowest outlet of the fire hydrant no less than 18 inches above and no more than 30 inches above the grade and have no less than 36 inches in radius of clear area about the fire hydrant for the clearance of fire hydrant wrenches on both outlets and on the control valve.

G. The steamer port shall face the street. Where the street cannot be clearly defined or recognized, the port shall face the most likely route of approach and location of the fire truck while pumping, all as determined by the fire marshal.

H. The lead from the service main to the fire hydrant shall be no less than six inches in diameter. Any fire hydrant leads over 50 feet in length from the water main to the fire hydrant shall be no less than eight inches in diameter.

I. All fire hydrants shall have at least a five-inch minimum valve opening, “O” ring stem seal, two two-and-one-half-inch national standard thread hose ports, one four-inch Tacoma thread steamer port. In addition, all fire hydrants shall meet American Water Works Association Standards for public fire hydrants.

J. All pipes shall meet relevant American Water Works Association standards. (Ord. 1155 § 5 (part), (1 – 10), 1981)

15.28.060 Location and spacing.

The following requirements shall apply to all building construction projects:

A. Public fire hydrants in single-family use district zones shall have an average lateral spacing of 660 feet with a maximum spacing of 800 feet.

B. Public fire hydrants in commercial, industrial and apartment use district zones shall have an average lateral spacing of 330 feet with a maximum spacing of 400 feet.

C. Any public right-of-way which deadends