Chapter 20.204
FIRE PREVENTION CODE

Sections:

20.204.010    International Fire Code, 2018 Edition, adopted.

20.204.020    Enforcement.

20.204.030    Definitions.

20.204.040    District limits for storage of flammable and combustible liquids, liquefied petroleum gases, and explosives.

20.204.050    Appeals.

20.204.060    Violations.

20.204.090    Penalties and other relief.

20.204.100    Local amendments to the 2018 Edition of the International Fire Code.

20.204.130    Reserved.

20.204.140    Reserved.

20.204.150    Reserved.

20.204.010 International Fire Code, 2018 Edition, adopted.

The 2018 Edition of the International Fire Code, as adopted by the Washington State Building Code Council, including amendments, is hereby adopted, together with Appendices B and D, except as to local amendments as set forth in POMC 20.204.100, as the official fire prevention code of the city of Port Orchard, as though fully set forth herein. One copy is on file in the office of the city clerk. (004-21 § 2; Ord. 019-17 § 18 (Exh. 1)).

20.204.020 Enforcement.

The codes hereby adopted or now in effect shall be enforced by the fire authority. (Ord. 019-17 § 18 (Exh. 1)).

20.204.030 Definitions.

(1) Whenever “municipality” is used in the International Fire Code, it means the city of Port Orchard.

(2) Whenever “jurisdiction” or “department of fire prevention” is used in the International Fire Code, it means the fire authority.

(3) Whenever “counsel” is used in the code, it means the city attorney.

(4) Whenever “police” is used in the code, it means the city of Port Orchard police department.

(5) Whenever “fire chief” or “fire code official” or “fire department” is used in the code, it means the fire authority.

(6) Whenever “fire area” is used in the code, it means the total floor area of all floor levels within the exterior walls and under the horizontal projections of the roof of a building.

(7) Whenever “governing body” is used in the International Fire Code, it means the city council of Port Orchard. (Ord. 019-17 § 18 (Exh. 1)).

20.204.040 District limits for storage of flammable and combustible liquids, liquefied petroleum gases, and explosives.

The limits referred to in Chapter 57 of the fire prevention code in which storage of flammable and combustible liquids in outside aboveground storage tanks is prohibited, the limits referred to in Chapter 61 of the fire prevention code in which bulk storage of liquefied petroleum gas is restricted, and the limits referred to in Chapter 56 of the fire prevention code, in which storage of explosives and blasting agents is prohibited, are established as follows:

Beginning at the intersection of the outer harbor line and the west boundary of the city; thence southerly along the west boundary to the southerly margin of Bay Street thence northeasterly along the southerly margin to the projected centerline of alley in Block 2, original plat of Sidney; thence east along the centerline of the alley to the intersection with the centerline at Cline Street; thence north to the centerline of the alley in Block 7, original plat of Sidney; thence east to the centerline of Austin Avenue; thence north to the centerline of Kitsap Street; thence east to the centerline of Seattle Street; thence north to a point two hundred feet south of the centerline of Bay Street; thence parallel to the centerline of Bay Street easterly to the centerline of Blackjack Creek to the west line of Maple Street Waterway projected southerly; thence northerly along the west line of Maple Street Waterway to the outer harbor line; thence southwesterly along the outer harbor line to the point of beginning.

(Ord. 019-17 § 18 (Exh. 1)).

20.204.050 Appeals.

Whenever the fire authority shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the codes do not apply or that the true intent and meaning of the codes have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire authority within 30 days from the date of the decision in accordance with Section 108 of the 2015 Edition of the International Fire Code, as adopted herein. (Ord. 019-17 § 18 (Exh. 1)).

20.204.060 Violations.

(1) Any person who shall violate any of the provisions of the codes hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted 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 city council or by a court of competent jurisdiction, within the time fixed herein, shall for each and every such violation and noncompliance respectively be subject to the penalties and provisions specified in POMC 20.204.090.

(2) Each day or portion of a day in which a violation occurs or is allowed to continue shall constitute a separate offense and may be punished as such. (Ord. 019-17 § 18 (Exh. 1)).

20.204.090 Penalties and other relief.

(1) Civil Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of this chapter, as specified in POMC 20.204.060, shall constitute a civil infraction subject to a penalty in the amount of $250.00, not including statutory penalties, per violation;

(2) Criminal Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of this chapter, as specified in POMC 20.204.060, shall constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment;

(3) Nuisance, Abatement, and Injunctive Relief. In addition or alternative to any other provision of this chapter, any violations of this chapter, or of any lawful notice or order issued hereunder shall constitute a public nuisance. The fire authority or designee shall have the right to seek injunctive relief in a court of competent jurisdiction, to abate such violation as a public nuisance or dangerous building, or to exercise any and all other legal remedies to stop and/or correct such violations. In all such proceedings, the business, agency, property owner, and/or other person or entity responsible for the violation(s) shall be required to pay all of the fire authority’s or designee’s legal costs, including reasonable attorney’s fees accrued in bringing and enforcing such legal action;

(4) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the director or his/her designee may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of the provisions of this chapter; or

(5) Other Remedies. In addition or alternative to any other remedies provided herein, the fire authority or designee may issue stop work orders, notices to vacate and/or keep out, and other lawful notices and orders. Any person removing such notices and orders without the permission of the fire authority or designee shall be guilty of a misdemeanor. (Ord. 019-17 § 18 (Exh. 1)).

20.204.100 Local amendments to the 2018 Edition of the International Fire Code.

The city of Port Orchard adopts, as local amendments, and further amends the following sections of the 2018 Edition of the International Fire Code as adopted by the Washington State Building Code Council, including amendments to Appendices B and D as follows:

Section 102.7:

102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as interpreted by the fire code official. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply.

Section 105.6:

105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.6.2, except for 105.16.

Section 105.7:

105.7 Required construction permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.7.1 through 105.7.18.

308.1.6.3 Sky Lanterns. Sky Lanterns are any unmanned device with a fuel source that incorporates an open flame in order to make the device airborne. The sale, use or distribution of Sky Lanterns is prohibited.

Section 503:

503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Appendix D.

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 the requirements of this section and shall extend to within 150 feet (45 720 mm) 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 (45 720 mm) where:

1. 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.

2. Fire apparatus access 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 Chapter 23.

503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8.

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm).

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 be 35ft. inside radius and 48ft. outside radius for commercial and 25ft. inside and 40ft. outside radius for residential.

503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus.

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 HB-17. 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 gradient of the fire apparatus access road shall not exceed 12%.

Exception: Gradient of the fire apparatus access road may be increased up to 15% if all buildings are protected by an approved auto-

matic fire sprinkler system. Gradients of fire apparatus access road in excess of 15% will require the approval of the Fire Chief.

503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based upon the department’s apparatus.

503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words FIRE LANE – NO PARKING shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.

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.

503.4.1 Traffic calming devices. Traffic calming devices shall be prohibited unless approved by the fire code official.

503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other access ways, not including public streets, alleys or highways.

503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official.

Exception: The restriction on use shall not apply to public officers acting within the scope of duty.

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 have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times.

503.7 Residential Private Access. Group R-3, R-4, or Group U occupancies allowed on a private access if a residential sprinkler system is installed in each new structure.

Exception: There are not more than two Group R-3, R-4, or Group U occupancies.

Section 903:

903.1.2 For the purpose of this section, for determining fire extinguishing system requirements, fire walls shall not define separate buildings.

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

Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire resistance-rated floor/ceiling assemblies.

1. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within an otherwise non-sprinkler building, then automatic sprinkler protection will be required throughout the entire building.

2. Portions of buildings which are separated by one or more four-hour area separation walls constructed in accordance with the International Building Code, without openings and provided with a 30-inch (762 mm) parapet, are allowed to be considered as separate fire areas.

903.2.1.1 Group A-l. An automatic sprinkler system shall be provided for Group A-l 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 the level of exit discharge; or

4. The fire area contains a multi theater complex.

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 fire area exceeds 10,000 square feet (929 m2);

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

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

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

3. The fire 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.

903.2.13 Group B. An automatic sprinkler system shall be provided for Group B occupancies where the fire area exceeds 10,000 square feet.

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

1. Where a Group F fire area exceeds 10,000 square feet (929 m2);

2. Where a Group F fire area is located more than three stories above grade plane.

903.2.7 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 a Group M fire area exceeds 10,000 square feet (929 m2);

2. Where a Group M fire area is located more than three stories above grade plane.

903.2.8 Group R. An automatic sprinkler system in accordance with Section 903 shall be provided throughout buildings containing a Group R occupancy:

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

903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy where one of the following conditions exist:

1. Where a Group S fire area exceeds 10,000 square feet (929 m2);

2. Where a Group S fire area is located more than three stories above grade plane.

Section 907:

907.2 Where required – new buildings and structures. An approved manual and automatic fire alarm system shall be provided in all Group A, B, F, M and S occupancies having 4,000 square feet or greater of total floor area. An approved manual, automatic, or manual and automatic fire alarm system shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23. Where automatic sprinkler protection installed in accordance with Section 903.3 is provided and connected to the building fire alarm system, automatic detection required by this section shall not be required.

An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.3. The automatic fire detectors shall be smoke detectors. Where ambient conditions prohibit installation of automatic smoke detection, other automatic fire detection shall be allowed.

107.3.1 Required Maintenance. All installed fire protection systems regardless of whether or not such system is required by this code shall be maintained in an approved operable condition at all times and shall be immediately repaired or replaced when found to be defective.

107.3.2 Registration and system reporting. Any firm, corporation or individual doing fire protection system testing, repair or maintenance shall register with the Inspection Reporting Online (IROL) program administered by South Kitsap Fire and Rescue. Within 30 days of performing any testing, repair or maintenance the firm, corporation or individual performing the work shall report such work through the IROL system.

EXCEPTION: The fire code official may reduce requirements for the fire alarm system for buildings protected by an approved automatic sprinkler system.

Appendix B:

B104.2 Area separation. Portions of buildings which are separated by one or more four-hour area separation walls, constructed in accordance with the Building Code, without openings and provided with a 30-inch (762 mm) parapet, are allowed to be considered as separate fire-flow calculation areas.

Appendix D:

D103.2 Grade. New fire apparatus access roads shall not exceed 12 percent in grade.

Exception: Grades steeper than 10 percent as approved by the fire chief. Gradient of the fire apparatus access road may be increased up to 15% if all buildings are protected by an approved automatic fire sprinkler system. Gradients of fire apparatus access roads in excess of 15% will require approval of the fire chief.

(Ord. 004-21 § 3; Ord. 019-17 § 18 (Exh. 1)).

20.204.130 Schedule of bails.

Reserved.

20.204.140 Smoke detection devices in dwelling units.

Reserved.

20.204.150 Automatic fire sprinklers.1

Reserved.


1

Code reviser’s note: For fire sprinkler provisions, see Chapter 20.206 POMC.