Chapter 9.01
AUTHORITY

Sections:

9.01.010    Title, authority, and applicability.

9.01.020    South County fire standards.

9.01.030    Adoption of International Fire Code.

9.01.031    Adoption of International Fire Code appendices.

9.01.040    Severability.

9.01.050    Fees.

9.01.060    Conflicting codes.

9.01.070    Appeals.

9.01.080    Definitions.

9.01.090    New materials, processes or occupancies requiring permits.

9.01.100    Violation and penalty.

9.01.010 Title, authority, and applicability.

The Lynnwood fire code is comprised of the International Fire Code (IFC), with Washington State amendments and locally adopted regulations. While it is the intent of the city of Lynnwood to be consistent with regional, state and national good practice, the city of Lynnwood is responsible for the evaluation of risk and benefit regarding the public health, safety and welfare. As such, the city has exercised and continues to reserve its right to institute local rules and regulations governing the development and use of businesses, operations, occupancies, and structures. The city shall retain the full and ultimate authority for code adoption, interpretation, and enforcement. (Ord. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.01.020 South County fire standards.

Fire marshal services are provided by South Snohomish County Fire and Rescue Regional Fire Authority County Fire (South County Fire) through interlocal agreement with the city, under the authority of Chapter 39.34 RCW, dated October 1, 2017. It is the intent of the city and South County Fire to enforce the provisions of adopted codes in a manner that is consistent, fair, without undue burden, efficient, and beneficial to the short- and long-term health, safety and economic well-being of the citizens, businesses, employees and visitors of our community. In meeting this intent and in accordance with the authority and jurisdiction granted in the International Fire Code Chapter 1, the South County Fire “Fire Protection and Prevention Standards” have been created. They are formulated as individual standards on specific topics as deemed necessary. Requirements found in the International Fire Code, state law, community development guides, or other references are not generally repeated herein. (Ord. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.01.030 Adoption of International Fire Code.

Under the statutory authority of RCW 19.27.031 and 19.27.074, the International Fire Code (IFC), latest edition, as published by the International Code Council including amendments set forth in Chapter 51-54A WAC, and subsequently amended by this chapter, is hereby adopted including referenced standards in Chapter 80, the appendices adopted in LMC 9.01.031, and South County Fire’s (SCF) Fire Prevention Standards. One copy of this document shall be on file with the fire code official. (Ord. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.01.031 Adoption of International Fire Code appendices.

The following appendices of the IFC are hereby adopted by reference:

Appendix B: Fire-Flow Requirements for Buildings.

Appendix C: Fire Hydrant Locations and Distribution.

Appendix D: Fire Apparatus Access Roads.

Appendix H: Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions.

Appendix I: Fire Protection Systems – Noncompliant Conditions.

Appendix N: Indoor Trade Shows and Exhibitions. (Ord. 3396 § 1, 2021)

9.01.040 Severability.

If any section, subsection, sentence, clause, phrase or word of this code should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other portions of this code. (Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.01.050 Fees.

All fees authorized under Section 106 IFC shall be set forth in a fee ordinance adopted, and from time to time amended, by the city council. Fees required for fire permits can be found in Chapter 3.104 LMC. (Ord. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.01.060 Conflicting codes.

Where there is a conflicting requirement between a nationally recognized code and a provision of this title, this title shall be applicable. (Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.01.070 Appeals.

Whenever the fire marshal 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 marshal to the hearing examiner in accordance with Chapter 16.50 LMC. (Ord. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.01.080 Definitions.

Whenever the following terms are used in this title or other applicable codes they shall be defined as follows:

“Applicable governing authority” shall mean the city of Lynnwood building official.

“Approved central station list” means a list of central stations that meet the requirements and have an approved application to monitor fire alarm and sprinkler flow alarms within the city of Lynnwood, Washington.

“Approving authority” means the South County Fire (SCF) fire marshal.

“Assumed property line” means an imaginary line separating two buildings on the same property.

“Automatic fire alarm system” means a system of heat, smoke or other detection devices along with notification devices and a control panel to detect the early stage of a fire and alert the occupants per NFPA 72.

“Automatic fire sprinkler system” means a system of pipes, control valves and sprinkler heads arranged in a building to discharge water on a fire per NFPA 13, 13D and 13R.

“Building code” means the International Building Code as currently adopted by the city of Lynnwood, Washington.

“City” means the city of Lynnwood, Washington.

“Code” or “fire code” means this title, as now existing or hereafter amended, and the edition of the International Fire Code as adopted by this title.

“Common fireworks” means any fireworks as defined in RCW 70.77.136.

“Corporate counsel” means the attorney for the city of Lynnwood, Washington.

“FDC” means fire department connection.

“Fire chief” means the chief of South Snohomish County Fire and Rescue (SSCFR).

“Fire code official” means the SSCFR fire marshal. Person in charge of the Fire Prevention Bureau.

“Fire department” means the South Snohomish County Fire and Rescue Regional Fire Authority (SSCFR), also known as South County Fire (SCF).

“Fire detection system” means a system of heat and/or smoke detectors connected to a communicator or control panel; typically without notification devices.

“Fire flow” means the amount of water required to extinguish a fire. Also see IFC Appendix B.

“Fire watch” means a temporary measure intended to ensure continuous and systematic surveillance of a building or property by one or more qualified employees of a licensed and bonded security company for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department.

“Fireworks” means any fireworks as defined in RCW 70.77.126.

“Hot works” means processes that involve an open flame or cutting/welding operations that produce sparks.

“Jurisdiction” means the city of Lynnwood, Washington.

“Private hydrant” means a fire hydrant so situated and maintained to provide water for firefighting purposes with restrictions for its use limited to certain defined property or properties.

“Public hydrant” means a fire hydrant so situated and maintained to provide water for firefighting purposes without restriction as to use. The location is such that it is accessible for immediate use of the fire department.

“Regional Fire Authority” (RFA) means South Snohomish County Fire and Rescue (SSCFR) Regional Fire Authority, also known as South County Fire (SCF).

“South County Fire” means South Snohomish County Fire and Rescue (SSCFR) Regional Fire Authority.

“Special fireworks” means any fireworks as defined in RCW 70.77.131.

“Tenant improvement” means interior or exterior remodeling or improvement to an existing building or portion of a building including but not limited to adding or removing or moving walls, reconfiguration of the floor plan, replacing ceilings/roofs or wall coverings, modifications to electrical or plumbing or mechanical work, structural repairs/improvements, and other similar work. (Ord. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.01.090 New materials, processes or occupancies requiring permits.

The fire code official shall determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the code. The fire marshal shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. (Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.01.100 Violation and penalty.

A. Failure to Comply. Any person who violates any of the provisions of this code or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the hearing examiner or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days or both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

B. Civil Penalty for Operating without a Required Permit. Whenever the fire marshal determines that a person, firm, corporation or company is operating without permit(s) as required by this code, he/she may, in addition to, or as an alternative to, any other enforcement remedies the city may have, impose a civil penalty in an amount equal to two times the amount of the required permit fee, plus $100.00 per day for each day that operations continue without the required permit(s). Written notice of intent to impose such penalty shall be served pursuant to the notice provisions of Chapters 1.40 and 2.22 LMC. Such civil penalty notice may be appealed by filing with the fire marshal, within five working days of service of said notice, a written request for a hearing before the city’s hearing examiner, per Chapter 16.50 LMC. (Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)