Chapter 15.10
FIRE CODE

Sections:

15.10.010    International Fire Code.

15.10.020    Section amendments.

15.10.025    Department of fire prevention.

15.10.030    Definitions.

15.10.035    Modifications, interpretations and appeals.

15.10.040    Explosives and fireworks.

15.10.050    Flammable and combustible liquids.

15.10.060    Liquefied petroleum gas.

15.10.070    Fire alarm systems.

15.10.080    Automatic fire sprinkler systems.

15.10.090    Remodeled or enlarged structures.

15.10.095    Penalties.

15.10.010 International Fire Code.

The International Fire Code (IFC), 2015 Edition, as published by the International Code Council, together with any additions, deletions and exceptions currently enacted or as may be amended from time to time by the State of Washington, as set forth in Chapter 51-54A WAC, and specifically including reference standards of the National Fire Protection Association, are hereby adopted by reference as though fully set forth herein and as further amended in this chapter and specified in MTMC 15.10.020, except that the following appendices are the only appendices adopted:

A. Appendix B (Fire-Flow Requirements);

B. Appendix C (Fire Hydrant Locations and Distribution).

One copy of the IFC is on file with the City’s fire code official. (Ord. 2708 § 1, 2017; Ord. 2622 § 1, 2013).

15.10.020 Section amendments.

The following local amendments to the International Fire Code (IFC) adopted by reference in MTMC 15.10.010 have been added, amended, deleted or replaced as follows:

A. Chapter 1, Administration.

1. Section 103.1 through 103.2, Department of fire prevention. Section 103.1 through 103.2 of the IFC, entitled “Department of fire prevention,” is hereby replaced by MTMC 15.10.025, Department of fire prevention.

2. Section 104.8, Modifications. Section 104.8 of the IFC, entitled “Modifications,” is hereby replaced by MTMC 15.10.035, Modifications, interpretations and appeals.

3. Section 104.10.1, Assistance from other agencies. Section 104.10.1 of the IFC, entitled “Assistance from other agencies,” is hereby amended by substituting Section 104.10.1 with the following:

Section 104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have the authority to render necessary assistance in the investigation of fires, hazardous conditions, and enforcement of the life safety provisions of this code when requested by the Fire Marshal.

4. Section 105.1.1, Permits required. Section 105.1.1 of the IFC, entitled “Permits required,” is hereby amended by substituting Section 105.1.1 with the following:

Section 105.1.1 Permits required. Permits required by this code and regulated by the City shall be issued by the Fire Marshal. The application for permit shall be accompanied by the full application fee, when required, in order to vest rights under the permit and to constitute a complete permit application. All permits shall be renewed annually unless the specific time period is set forth when the permit is granted. No permit shall be transferable and each permit shall be issued on a single job, transaction, owner, or occupancy basis, except that the fire marshal is authorized to consolidate permits for a single location, building, or unit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the Fire Marshal. The fee for each permit shall be set forth in the City of Mountlake Terrace Fee Schedule.

5. Section 108, Board of appeals. Section 108 of the IFC, entitled “Board of appeals,” is hereby replaced by MTMC 15.10.035, Modifications, interpretations and appeals.

6. Section 109.4, Violation penalties. Section 109.4 of the IFC, entitled “Violation penalties,” is hereby replaced by MTMC 15.10.095, Penalties.

B. Chapter 5, Fire Service Features (Section 503, Fire apparatus access roads). The following sections in MTMC 15.10.010 have been added, amended, deleted or replaced as follows:

1. Section 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3, provided that the Community and Economic Development Director, in consultation with the Fire Marshal, Engineering Services Director and others, may approve new standards for fire apparatus access roads, at which time the new standards shall be in effect.

2. Section 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with standards pursuant to MTMC 15.10.020.B.1 and shall extend to 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. Exception: The fire code official is authorized to increase the dimension of 150 feet where:

a. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

b. 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.

c. There are not more than two Group R-3 or Group U occupancies.

3. Section 503.1.2 Additional access. Section 503.1.2 of the IFC, entitled “Additional Access” is hereby adopted as originally set forth by the International Code Council.

4. Section 503.1.3 High-piled storage. Section 503.1.3 of the IFC, entitled “High-piled storage,” is hereby adopted as originally set forth by the International Code Council.

5. Section 503.2 Specifications. Fire apparatus access roads shall be installed and arranged consistent with MTMC 15.10.020.B.

6. Section 503.3 Marking. Section 503.3 of the IFC, entitled “Marking,” is hereby adopted as originally set forth by the International Code Council.

7. Section 503.4 Obstruction of fire apparatus access roads. Fire apparatus roads shall not be obstructed in any manner. The minimum widths and clearances shall be pursuant to MTMC 15.10.020.B.

8. Section 503.4.1 Traffic calming devices. Traffic calming devices, where consistent with the Transportation Master Plan, shall be approved by the Engineering Services Director in consultation with the Fire Marshal.

C. Chapter 9, Fire Protection Systems.

1. The following sections of the IFC are hereby deleted and replaced by MTMC 15.10.080.

a. Section 903.2.1, Group A.

b. Section 903.2.1.1, Group A-1.

c. Section 903.2.1.3, Group A-3.

d. Section 903.2.1.4, Group A-4.

e. Section 903.2.4, Group F-1, save and except Section 903.2.4.1, Woodworking operations, which is adopted as originally set forth in IFC.

f. Section 903.2.7, Group M, save and except Section 903.2.7.1, High-piled storage, which is adopted as originally set forth in the IFC.

g. Section 903.2.9, Group S-1, save and except Section 903.2.9.1, Repair garages, and Section 903.2.9.2, Bulk storage of tires, which are adopted as originally set forth in the IFC.

2. Section 907.2, Where required – New buildings and structures. Section 907.2 of the IFC, entitled “Where required – New buildings and structures,” is hereby replaced by MTMC 15.10.070, Fire alarm systems.

D. Chapter 56, Explosives and Fireworks.

1. Section 5601.1.3, Fireworks. Section 5601.1.3 of the IFC, entitled “Fireworks,” is hereby replaced by MTMC 15.10.040, Explosives and fireworks.

E. Chapter 57, Flammable and Combustible Liquids.

1. Sections 5704.2.9.6.1 (outside) and 5706.2.4.4 (inside), Locations where above-ground tanks are prohibited. Sections 5704.2.9.6.1 and 5704.2.4.4 of the IFC are hereby replaced by MTMC 15.10.050, Flammable and combustible liquids.

F. Chapter 61, Liquefied Petroleum Gases.

1. Section 6104.2, Maximum capacity within established limits. Section 6104.2 of the IFC, entitled “Maximum capacity within established limits,” is hereby replaced by MTMC 15.10.060, Liquefied petroleum gas. (Ord. 2622 § 1, 2013).

15.10.025 Department of fire prevention.

There is established in the City a Department of Fire Prevention, supervised by the Fire Marshal or Deputy Chief of Fire Prevention acting under the supervision of the Fire Chief. The function of the Department shall be the implementation, administration and enforcement of the provisions of this code. (Ord. 2622 § 1, 2013).

15.10.030 Definitions.

A. Whenever the term “fire code official” is used in the IFC, it shall mean the Fire Marshal, or designee, acting under the supervision of the Fire Chief.

B. Whenever the term “chief appointing authority” or “fire chief” is used in the IFC, it shall mean Snohomish County Fire Protection District No. 1 Fire Chief, who is the Fire Chief for the City of Mountlake Terrace.

C. Whenever the word “municipality” or “jurisdiction” is used in the IFC, it shall mean the City of Mountlake Terrace.

D. Whenever the term “Board of Appeals” is used, it shall mean the City Hearing Examiner.

E. Whenever the term “legal representative of the jurisdiction” is used in the IFC, it shall mean the Attorney for the City of Mountlake Terrace.

F. Wherever the term “Police Department” is used in the IFC, it shall mean the Mountlake Terrace Police Department. (Ord. 2622 § 1, 2013).

15.10.035 Modifications, interpretations and appeals.

A. The Fire Marshal shall have the authority to modify any of the provisions of the IFC or this chapter on written application by the owner, lessee, or his duly authorized agent when there are practical difficulties in carrying out the strict letter of the code. Approved modifications, including alternative materials and methods, shall observe the spirit of the code, preserve fire and life safety, secure the public health, and do substantial justice. A signed copy of approved modifications shall be promptly given to the applicant.

B. Details of actions granting modifications and related interpretations shall be recorded and preserved in the records of the Department of Fire Prevention to aid in conformance and uniform application of related codes, ordinances, and standards.

C. An owner, or his/her agent, may appeal a decision of the Fire Marshal to the Hearing Examiner by filing an appeal with the City Clerk. An appeal to the Hearing Examiner shall be governed by the procedures set forth in MTMC 19.110.100(A) and shall be accompanied by the required fee established in the City’s fee schedule. The Hearing Examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive requirements of this code. Both parties shall submit their case materials for the record at least two weeks prior to the date set by the Hearing Examiner for hearing of the case. An appeal from the Hearing Examiner’s decision shall be brought before the Superior Court of Snohomish County in accordance with the Land Use Petition Act, Chapter 36.70C RCW, and shall include any amendment to such section that has been or will be enacted. (Ord. 2622 § 1, 2013).

15.10.040 Explosives and fireworks.

A. Establishment of Geographic Limits. Possession, manufacture, storage, handling, sales and use of explosives and blasting agents are prohibited within the City of Mountlake Terrace.

B. Consumer Fireworks Ban. The sale, possession, use and discharge of fireworks are prohibited and unlawful within the City of Mountlake Terrace, subject to the provisions of Chapter 9.70 MTMC. (Ord. 2622 § 1, 2013).

15.10.050 Flammable and combustible liquids.

A. Establishment of Geographic Limits. The storage of flammable class I and class II liquids stored within inside and outside above-ground containers is prohibited within the City limits, except that, at the discretion of the Fire Marshal, when such above-ground storage is requested, an operational permit authorizing the same may be issued. The above-ground tank installation will be in accordance with fire code requirements and shall not exceed 1,000 gallons. Except for fuel oil used for space heating or water heating, no permit shall be issued to allow new above-ground storage tanks in single-household residential districts within the City of Mountlake Terrace. (Ord. 2622 § 1, 2013).

15.10.060 Liquefied petroleum gas.

A. Establishment of Geographic Limits. The storage of liquefied petroleum gas (LPG) is restricted to an aggregate capacity for any one installation not exceeding a water capacity of 2,000 gallons (7,570 L) within the city limits. At the discretion of the Fire Marshal, when such installation is requested, an operational permit authorizing the same may be issued. The LPG tank installation will be in accordance with fire code requirements. No permit shall be issued to allow LPG tank installation greater than water capacity of 500 gallons in single-household residential districts within the City of Mountlake Terrace. (Ord. 2622 § 1, 2013).

15.10.070 Fire alarm systems.

A. Where Required – New Buildings and Structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code.

B. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed.

Exception: The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service.

C. Additionally, any occupancy over 2,500 square feet (232 m2) that is not required to be alarmed in Sections 907.2.1 through 907.2.23 shall be provided a fire alarm system meeting requirements as set forth by the Department of Fire Prevention in accordance with NFPA 72 and current development standards. The fire alarm system shall be monitored by an approved supervising station.

Exceptions: R-3, R-4 and Group U occupancies. (Ord. 2622 § 1, 2013).

15.10.080 Automatic fire sprinkler systems.

A. 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 from the Group A occupancy to, and including, the nearest level of exit discharge serving the Group A occupancy. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in Section 903.2.1.5.

B. An automatic sprinkler system shall be provided for Group A-1, A-3, and A-4 occupancies where one of the following conditions exists:

1. The fire area exceeds 10,000 square feet (929 m2).

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. For A-1 occupancies only, if the fire area contains a multi-theater complex.

C. Group B. An automatic sprinkler system shall be provided throughout all Group B other than ambulatory health care facilities with fire areas in excess of 10,000 square feet (929 m2).

D. Group F-1, M, and S-1. An automatic sprinkler system shall be provided for Group F-1, M, and S-1 occupancies where one of the following conditions exists:

1. The fire area exceeds 10,000 square feet (929 m2).

2. Where a Group F-1, M, and S-1 fire area is located more than three stories above grade plane.

3. Where the combined area of all Group F-1, M, and S-1 fire areas on all floors, including mezzanines, exceeds 20,000 square feet (1,858 m2).

4. For Group F-1 and S-1 used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet (232 m2).

5. For Group M used for the display and sale of upholstered furniture or mattresses, where the furniture fire area exceeds 5,000 square feet (464 m2).

6. For Group M high-piled storage, where storage of merchandise is in high-piled or rack storage arrays as required in IFC Chapter 32.

7. For Group S-1 used for the storage of commercial trucks or buses, where the fire area exceeds 5,000 square feet (464 m2).

E. When required by provisions of this chapter, a fire-extinguishing system installed in accordance with IFC Section 903.3.1.1 may be used for increases allowed in building code Sections 504.2 and 506.3, but never fire-resistance rating substitution allowed in building code Table 601.

F. An automatic sprinkler system shall be provided for all other occupancies and locations where required by fire and building codes. (Ord. 2622 § 1, 2013).

15.10.090 Remodeled or enlarged structures.

A. Existing sprinklered and alarmed structures, when remodeled or enlarged, shall retain the feature of being sprinklered and alarmed throughout, including in remodeled or enlarged areas.

B. When additional fire area is added to an existing structure, the entire structure shall be subject to compliance with fire alarm and automatic fire sprinkler requirements of this chapter.

C. If repairing or improving an existing structure and the cumulative cost of such repair and improvement exceeds 50 percent or more of its recorded assessed value, the entire structure shall be subject to compliance with this chapter as for new construction. For repairs and improvements of less than 50 percent of the assessed value, costs shall be cumulative for three years for a single-household dwelling and cumulative for five years for any other building. If, within three years from the initial permit for a single-household dwelling and within five years from the initial permit for any other building, the cumulative costs of repair and improvements exceed 50 percent of the value (as established at the time of the first permit within the period), then the entire structure shall comply with this chapter as for new construction.

D. Work exempt from building permits defined in the building code Section 105.2 is exempt from the fire alarm and automatic fire sprinkler sections. (Ord. 2622 § 1, 2013).

15.10.095 Penalties.

A. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build or operate in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate of permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction, within the time fixed herein, 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 and/or up to 90 days in jail. 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 10 days that prohibited conditions are maintained shall constitute a separate offense.

B. The application of the above penalty shall not be held to prevent the City’s enforced removal of prohibited conditions. (Ord. 2622 § 1, 2013).