HomeMy WebLinkAboutORD 5086CITY OF RENTON,WASHINGTON
ORDINANCE NO._5_0_8_6_
Amends ORDs 2434,4147,
4547,4722,4769
Amended by ORD 5088,
5159,5177
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,
AMENDING SECTION 4-1-150 OF CHAPTER 1,ADMINISTRATION
AND ENFORCEMENT,AND SECTIONS 4-5-070 AND 4-5-120 OF
CHAPTER 5,BUILDING AND FIRE PREVENTION STANDARDS,OF
TITLE IV (DEVELOPMENT REGULATIONS)OF ORDINANCE NO.
4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY
OF RENTON,WASHINGTON"BY AMENDING THE FIRE
PREVENTION FEES,ADOPTING THE 2003 INTERNATIONAL FIRE
CODE AND AMENDMENTS THERETO,AND ESTABLISHING
PENALTIES FOR VIOLATIONS.
THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO ORDAIN
AS FOLLOWS:
SECTION I.SeCtion 4-1-150 of Chapter 1,Administration and Enforcement,of
Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances ofthe City of Renton,Washington"is hereby amended to read as follows:
4-1-150 FIRE PREVENTION FEES:
Value of Work
$50.00 or less
$50.01 to $249.99
$250.00 to $999.99
$1,000.00 to $4,999.99
$5,000.00 or more
Construction Re-inspection
Infraction Re-inspection after 30-day
period (whenever 30 days or more have
passed since Fire Department notification
of an infraction which required re-
inspection and such violation has not been
remedied or re-inspected
Fee Amount
$10.00
$15.00
$10.00 plus 2%of the cost
$25.00 plus 1%of the cost
$60.00 plus .5%of the cost
A fee of $60.00 per hour may be assessed
if the requested inspection does not meet
the a roval of the inspector
$50.00
1
ORDINANCE NO.5086
Pre-citation follow-up inspection when
re-inspections are required beyond the
original re-inspection.
Malfunctioning fire alarm fee.
Late payment penalty
$50.00 each inspection.
First,second,and third false alanns -no
charge.Fourth and fifth false alanns in a
calendar year -$50.00/each.Sixth false
alann and successive false alanns in a
calendar year -$100.00/each.
$25.00 for late payment of malfunctioning
fire alann fee and pre-citation inspection
fee.
Operational Fire Code Permit (issued in
accordance with Section 105.6 of the IFC)
Construction Permit
Replacement for lost permit
Hazardous Production Materials Permit
(for businesses storing,handling,or using
hazardous production materials as
regulated in the Fire Code)
Underground Tank Removal Permit
(Commercial)
Underground Tank removal or
abandonment-in-place permit
(residen tial)
$30.00 per year.Exception 1-Non profit
place of assemble pennit $10.00 per year.
Exception 2 -Hazardous materials and
HPM facilities $100.00 per year.
10%of the above Plan Review/Inspection
Fee or a minimum of $50.00,whichever is
greater
$25.00 for each pennit.
$100.00 per year
See plan review and construction pennit
fees.
$30.00
SECTION II.Sections 4-5-070.A,B,and C of Chapter 5,Building and Fire
Prevention Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled
"Code of General Ordinances of the City of Renton,Washington,"are hereby amended to read
as follows:
A.PURPOSE:
The following provisions and regulations are adopted as part of the City's fire prevention
program to abate existing fire hazards,to investigate the cause,origin and circumstances of fires,
2
ORDINANCE NO.5086
to inspect potential fire hazards,to control the means and adequacy of the construction and safety
of buildings in case of fires,within commercial,business,industrial or manufacturing areas and
all other places in which numbers of persons work,meet,live or congregate,as hereinafter more
particularly set forth.
B.ADOPTION OF FIRE CODE AND STANDARDS:
The City does hereby adopt the 2003 International Fire Code and Appendix Chapter B,
published by the International Code Council,by reference as provided by State law,with the
amendments,deletions or exceptions as noted herein.
C.ADDITIONS AND AMENDMENTS TO THE FIRE CODE:
1.International Building Code.Chapter 1,sections 102.3,102.4 and 102.5 of the
International Fire Code,2003 edition,are hereby amended by deleting the reference to the
International Existing Building Code and substituting the International Building Code.
2.Referenced codes and standards -Chapter 1,section 102.6 ofthe International
Fire Code,2003 edition,is hereby amended to read as follows:
Section 102.6 Referenced Codes and Standards.The codes and standards
referenced in this code shall be those that are listed in Chapter 45.Such codes and standards
shall be considered part of the requirements of this code to the prescribed extent of each such
reference as determined or modified by the fire code official.
3.Legal Defense -Chapter 1,Section 103.4.1 of the International Fire Code,2003
edition,is hereby amended to read as follows:
Section 103.4.1 -Legal defense:The administrative authority or any employee
performing duties in connection with the enforcement of this Code and acting in good faith and
without malice in the performance of such duties shall be relieved from any personal liability for
3
ORDINANCE NO.5086
any damage to persons or property as a result of any act or omission in the discharge of such
duties,and in the event of claims and/or litigation arising from such act or omission,the City
Attorney shall,at the request of and on behalf of said administrative authority or employee,
investigate and defend such claims and/or litigation and if the claim be deemed by the City
Attorney a proper one or ifjudgment be rendered against such administrative authority or
employee,said claim or judgment shall be paid by the City.
4.General Authority and Responsibilities -Chapter 1,Section 104.1 of the
International Fire Code,2003 edition,is hereby amended to read as follows:
Section 104.1 -General:The fire code official is hereby authorized to enforce the
provisions of this code and shall have the authority to render interpretations of this code,and to
adopt policies,procedures,rules and regulations in order to clarify the application of its
provisions.Such interpretations,policies,procedures,rules and regulations shall be in
compliance with the intent and purpose of this code and shall not have the effect of waiving
requirements specifically provided for in this code.Under the Chief s direction the Fire
Department is authorized to enforce all ordinances of this jurisdiction pertaining to:
a.Prevention of fires.
b.Suppression or extinguishing of dangerous or hazardous fires.
c.The storage,use and handling of hazardous materials.
d.The installation and maintenance of automatic,manual and other private
fire alarm systems and fire extinguishing equipment.
e.The maintenance and regulation of fire escapes.
f.The maintenance of fire protection and the elimination of fire hazards on
land and in buildings,structures and other property,including those under construction.
4
ORDINANCE NO.5086
g.The maintenance of means of egress.
h.The investigation of the cause,origin and circumstances of fire and
unauthorized releases of hazardous materials.
Enforcement of this Code shall not be construed for the particular benefit of any
individual person or group of persons,other than the general public.In the event of a conflict
between the intent of this Section and any other subsection herein,this subsection shall govern
insofar as applicable.
5.Assistance from other agencies -Chapter 1,section 104.10.1 ofthe International
Fire Code,2003 edition,is hereby amended to read as follows:
Section 104.10.1 Assistance from other agencies.Police and other enforcement agencies
shall have authority to render necessary assistance in the investigation of fire or the enforcement
of this code as requested by the fire code official.
6.Obstructing operations -Chapter 1,section 104.11.2 of the International Fire
Code,2003 edition,is hereby amended to read as follows:
Section 104.11.2.Obstructing operations.No person shall obstruct the operations of the
fire department in connection with extinguishment,control,or investigation of any fire or actions
relative to other emergencies,or disobey any lawful command ofthe fire chief or officer of the
fire department in charge of the emergency,or any part thereof,or any lawful order of a police
officer assisting the fire department
7.Permits -Chapter 1,section 105 of the International Fire Code,2003 edition,
subsection 105.1.1 entitled "Permits required,"is hereby amended by adding a new subsection,
to read as follows:
5
ORDINANCE NO.5086
Section 105.1.1.1 Operational permit fees.:The fee for permits issued in accordance
with section 105.6 of the International Fire Code and permits issued for underground tank
removal shall be as stipulated in RMC 4-1-150,Fire Prevention Fees.Fees for tank storage shall
be assessed for each individual tank.The permits shall expire one year after date of issuance or
as otherwise noted on the permit.The permit fee shall be payable at or before the time of
issuance or renewal of the permit.In the event of failure to remit payment for an operational
permit within thirty (30)days after receipt of application or renewal notice,the fee for the permit
shall be double the amount of the above-stated fee.
8.Extensions -Chapter 1,section 105.3.2 of the International Fire Code,2003
edition,is hereby amended to read as follows:
105.3.2 Extensions.A permittee holding an unexpired permit shall have the right to apply
for an extension of the time within which the permittee will commence work under that permit
when work is unable to be commenced within the time required by this section for good and
satisfactory reasons.The fire code official is authorized to grant,in writing,one or more
extensions of the time period of a permit for periods of not more than 180 days each.Such
extensions shall be requested by the permit holder in writing and justifiable cause demonstrated.
9.Submittals -Chapter 1,section 105.4.1 of the International Fire Code,2003
edition,is hereby amended by adding a new subsections to read as follows:
a.105.4.1.1 Construction plan review.Plans shall be submitted for review
and approval prior to issuing a permit for work set forth in Sections 105.7.1 through 105.7.12.
b.105.4.1.2 Plan review and construction fees.Construction plans required
to be reviewed by this Chapter and International Fire Code shall be charged in accordance with
RMC 4-1-150,Fire Prevention Fees.
6
ORDINANCE NO.5086
10.Hazardous Materials -Chapter 1,Section 105.7.6,of the International Fire Code,
2003 edition,entitled "Hazardous materials,"is hereby amended to read as follows:
Section 105.7.6 Hazardous materials.A construction permit is required to install,repair
damage to,abandon,remove,place temporarily out of service,or close or substantially modify a
storage facility,tank,or other area regulated by Chapter 27 when the hazardous materials in use
or storage exceed the amounts listed in Table 105.6.21.
Exceptions:
a.Routine maintenance.
b.For emergency repair work performed on an emergency basis,application
for permit shall be made within two working days of commencement of work.
11.Owner/occupant responsibility -Chapter 1,section 107.5 of the International Fire
Code,2003 edition,is hereby amended by adding a new subsection,107.5.1,entitled
"Malfunctioning alarm fee,"to read as follows:
Section 107.5.1 Malfunctioning alarm fee.Whenever an alarm system is activated due to
a malfunction and the fire department is dispatched,a report of the false alarm will be recorded
for the building or area effected.For the first,second and third false alarm within a calendar
year,no fee will be assessed.For every false alarm caused by a malfunction of the alarm beyond
the third false alarm a fee will be assessed as per RMC 4-1-150.
12.Board of Appeals -Chapter I,Section 108,of the International Fire Code,2003
edition,is hereby amended to read as follows:
a.Section 108.1 Hearing Examiner.In order to hear and decide appeals of
orders,decisions or determinations made by the fire code official relative to the application and
7
ORDINANCE NO.5086
interpretation ofthis code,the Hearing Examiner process established by the City of Renton shall
have authority.
b.Section 108.3,"Qualifications,"is deleted.
13.Notice of Violation -Chapter 1,section 109.2 of the International Fire Code,
2003 edition,is hereby amended to read as follows:
109.2 Notice of violation.When the fire code official finds a building,premises,vehicle,
storage facility or outdoor area that is in violation ofthis code,the fire code official is authorized
to prepare a written notice of violation describing the conditions deemed unsafe and,when
compliance is not immediate,specifying a time for re-inspection Whenever the Fire Department
has given proper notification of an infraction which required reinspection and thirty (30)days
have expired with such condition or violation still in existence,a second re-inspection will be
required.Any reinspection after the original thirty (30)day period oftime shall be done only
upon the payment of a reinspection fee as specified in RMC 4-1-150,Fire Prevention Fees, to be
assessed against the person owning,operating or occupying the building or premises wherein the
violation exists.This re-inspection fee must be paid within ten days ofthe notice for the re-
inspection.However,any building owner,operator or occupant,upon a reasonable request to the
Fire Code Official,may obtain an extension of said thirty (30)day period for a reasonable period
to be established by the Fire Code Official to allow such time for compliance.The request for an
extension must be received by the fire department prior to the expiration of the original re-
inspection date.
14.Notice and Responsibility -Chapter 1,section 109.2 ofthe International Fire
Code,2003 edition,is hereby amended by adding a new subsection,109.2.2.1,to read as
follows:
8
ORDINANCE NO.5086
Section 109.2.2.1:Notice and Responsibility:Whenever the infraction,condition or
violation involves the structural integrity of the building,then the notice of the infraction,
condition or violation shall be sent to both the building owner and its occupant or occupants.
Should compliance with the Fire Code so as to remedy the infraction,condition or violation
require additions or changes to the building or premises,which would be part of the structure or
the fixtures to the realty,then the responsibility to remedy the infraction,condition,or violation
shall be upon the owner of the building unless the owner and occupant shall otherwise agree
between themselves and so notify the City.Should the occupant not remedy the infraction,
condition,or violation,then the City shall have the right to demand such remedy from the owner
of the premises.
15.Pre-citation fees -Chapter 1,section 109.2.3 of the International Fire Code,2003
edition,is amended by adding a new subsection,109.2.3.1,to read as follows:
Section 109.2.3.1 Pre-citation fees.Re-inspections required beyond the original re-
inspection as noted in section 109.2 will be assessed a fee as specified in RMC 4-1-150,Fire
Prevention Fees,for each re-inspection.Payment will be required within 10 days of the notice
for the re-inspection.
16.Violation penalties -Chapter 1 section 109.3 of the International Fire Code 2003,
edition,is hereby amended to read as follows:
Section 109.3 Violation penalties.Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect,install,alter,repair
or do work in violation of the approved construction documents or directive of the fire code
official,or of a permit or certificate used under provisions of this code,shall be guilty of a
misdemeanor,as established by Renton Municipal Code section 1-3-1,except for those
9
ORDINANCE NO.5086
provisions adopted in RMC 4-5-070.69 or 4-5-070.73.Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
17.Failure to comply -Chapter 1,section 111.4 of the International Fire Code,2003
edition,is hereby amended to read as follows:
111.4 Failure to Comply.Any person who shall continue any work after having been
served with a stop work order,except such work as that person is directed to perform to remove
a violation or unsafe condition,shall be guilty of a misdemeanor,as established by Renton
Municipal Code section 1-3-1.
18.Add Definition of "Shall"-Chapter 2,section 202 of the International Fire Code,
2003 edition,is hereby amended by adding the following definition:
The word "shall"is defined to have the following meaning:
a.With respect to the functions and powers of the Director of Development
Services,Fire Code Official,any agents and employees of the City of Renton,and any Board
authorized hereunder,a direction and authorization to act in the exercise of sound discretion and
in good faith;and
b.With respect to the obligations upon owners,occupants of the premises
and their agents,there is a mandatory requirement to act in compliance with this Code at the risk
of civil and criminal liability upon failure to so act.
19.Open Burning and Recreational Fires -Chapter 3,section 307 of International
Fire Code,2003 edition,entitled "Open Burning and Recreational Fires,"is hereby amended to
read as follows:
a.Section 307.1 -General open burning is hereby prohibited in conformance
with the Puget Sound Clean Air Agency and the Department of Ecology regulations.
10
ORDINANCE NO.5086
b.Section 307.2 -Permits are required for the following:for recreational,
religious or other fIres as outlined in state regulations.Such permits shall be obtained through
Puget Sound Clean Air Agency.
20.Flaming Food and Beverages Preparation.Chapter 3,section 308 of the
International Fire Code,2003 edition,is hereby amended by adding a new subsection,308.3.1.2,
to read as follows:
Section 308.3.1.2 Flaming Food and Beverages Preparation:The preparation of flaming
foods or beverages in places of assembly and drinking or dining establishments shall be in
accordance with this section.
a.Section 308.3.1.2.1 Dispensing.Flammable or combustible liquids used
in the preparation of flaming foods or beverages shall be dispensed from one of the following:
1.A I-ounce (29.6 ml.)container,or
11.A container not exceeding I-quart (946.5 ml)capacity with
controlled-pouring device that will limit the flow to a I-ounce (29.6 ml)serving.
b.Section 308.3.1.2.2 Containers not in use.Containers shall be secured to
prevent spillage when not in use.
c.Section 308.3.1.2.3 Serving of flaming food.The serving of flaming
foods or beverages shall be done in a safe manner and shall not create high flames.The
pouring,ladling or spooning of liquids is restricted to a maximum height of 8 inches (203 mm)
above the receiving receptacle.
d.Section 308.3.1.2.4 Location.Flaming foods or beverages shall be
prepared only in the immediate vicinity of the table being served.They shall not be transported
or carried while burning.
11
ORDINANCE NO.5086
e.Section 308.3.1.2.5 Fire Protection.The person preparing the flaming
foods or beverages shall have a wet cloth immediately available for use in smothering the flames
in the event of an emergency.
21.Group A occupancies -Chapter 3,section 308.3.7 of the International Fire Code,
2003 edition,is hereby amended by adding Exception 4,to read as follows:
Section 308.3.7 Exception 4.Where approved by the fire code official
22.Indoor displays -Chapter 3,section 314.4 of the International Fire Code,2003
edition,is hereby amended to read as follows:
Section 314.4 Vehicles.Liquid or gas-fueled vehicles,fueled equipment,boats or other
motor craft shall not be located indoors except as follows:
a.Batteries are disconnected.
b.Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (19 L)
(whichever is least).
c.Fuel tanks and fill openings are closed and sealed to prevent tampering.
d.Vehicles,boats or other motor craft equipment are not fueled or defueled
within the building.
23.Fire Department Access Roads -Chapter 5,section 503 of the International Fire
Code,2003 edition,is hereby amended by adding the following subsections,to read as follows:
a.Section 503.1 Where required.Fire apparatus access roads shall be
provided and maintained in accordance with Sections 503.1.Ithrough 503.2.
1.Section 503.1.1:Two (2)means of approved access shall be
required when a complex of three or more buildings is located more than 200'from a public
road.
12
ORDINANCE NO.5086
n.Section 503.2 Specifications.Fire apparatus access roads shall be
installed and arranged in accordance with City Code 4-6-060 and 4-4-080.
b.Section 503.3 Enforcement.The fire department,under provisions of
RMC 3-8-7,may issue non-traffic citations to vehicles parked in a fire lane or blocking a fire
hydrant in accordance with bail schedule established by Renton Municipal Court.The
application of the above penalty shall not be held to prevent the enforced removal of prohibited
conditions.
24.Premises Identification -Chapter 5,section 505 of the International Fire Code,
2003 edition,is hereby amended to add the following subsections,to read as follows:
a.Section 505.1.1-Identification Size:In order that the address
identification is plainly visible,the following size figures or numbers,in block style in
contrasting color shall be used in accordance with the following:
1.Single-family residential houses -4".
n.Multi-family residential,commercial,or small business:50'or less
setback -6";more than 50'setback -8-12".
111.Large commercial or industrial areas:100'or less setback -18";
more than 100'setback -24".
b.Section 505.1.2-Rear Door Marking:When vehicle access is provided to
the rear of commercial,industrial and warehouse buildings,the rear doors servicing individual
businesses shall be marked to indicate address and/or unit identification with letters or numbers
at least 4"high.
13
ORDINANCE NO.5086
c.Section 505.1.3 -Suite numbers:Buildings consisting of separate suites
with the same building address shall have their suite number marked so that the suite is readily
identifiable and sized as per section 505.1.1.
Exception:Suites located on an interior hall or corridor shall have lettering at least l-
inch high.
25.Fire protection water supplies -Chapter 5,section 508.5.1 of the International
Fire Code,2003 edition,is hereby amended to read as follows:
a.Section 508.5.1 Where required.Where a portion of the facility or
building hereafter constructed or moved into or within the jurisdiction is more than 150 feet from
a hydrant on a fire apparatus access road,as measured by an approved route around the exterior
of the facility or building,on-site fire hydrants and mains shall be provided where required by
the fire code official.
Exceptions:
1.For Group R-3 and Group U occupancies,the distance requirement
shall be 300 feet.
2.Deleted.
26.Definitions -Chapter 6,section 602 of the International Fire Code,2003 edition,
is hereby amended to add the following definition:
Power Tap.A listed device for indoor use consisting of an attachment plug on one end of
a flexible cord and two or more receptacles on the opposite end,and has over-current protection.
27.Electrical Code -Chapter 6 of the International Fire Code,2003 edition,entitled
"Building Services and Systems,"sections 603,604,605,and 606,is hereby amended by
14
ORDINANCE NO.5086
changing reference from the ICC Electrical Code to the Electrical Code adopted by the City of
Renton.
28.Furnishings -Chapter 8,Section 803.1 of the International Fire Code,2003
edition,entitled "General Requirements,"is hereby revised to read as follows:
Section 803.1 General requirements.The provisions of Sections 803.1.1 through 803.1.4
shall be applicable to all occupancies covered by Sections 803.2 through 803.7.
29.Furnishings -Chapter 8,Section 803.1 of the International Fire Code,2003
edition,is hereby amended by adding the following subsections:
a.803.1.4 Atrium Furnishings.Atrium furnishings shall comply with
Sections 803.1.4.1 and 803.1.4.2.
b.803.1.4.1 Potential heat.Potential heat of combustible furnishings and
decorative materials within atria shall not exceed 9,000 Btu per pound (20,934 Jig)when located
with an area that is more than 20 feet (6096 mm)below ceiling-level sprinklers.
c.803.1.4.2 Decorative materials.Decorative material in atria shall be
noncombustible,flame resistant or treated with a flame retardant.
30.Decorative Vegetation -Chapter 8,Section 804.1.1 of the International Fire Code,
2003 edition,entitled "Restricted Occupancies,"is hereby revised to read as follows:
a.804.1.1 Restricted occupancies.Natural cut trees shall be prohibited in
Group A,E,1-1,1-2, 1-3,1-4,M,R-l,R-2 and R-4 occupancies.
Exceptions:
1.Trees located in areas protected by an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be
prohibited in Groups A,E,M,R-I and R-2.
15
ORDINANCE NO.5086
11.Trees treated with a flame retardant and renewed to maintain flame
resistance,subject to the approval of the fire code official.
31.Decorations and Trim -Chapter 8,Section 805.1 of the International Fire Code,
2003 edition,entitled "General,"is hereby revised to read as follows:
805.1 General.In occupancies of Groups A,B,E,I and R -1 and dormitories in Group R-
2,curtains,draperies,hangings and other decorative materials suspended from walls or ceilings
shall be flame resistant in accordance with Section 805.2 and NFPA 701 or be noncombustible.
In Groups I-I and 1-2,combustible decorations shall be flame retardant unless the
decorations,such as photographs and paintings,are of such limited quantities that a hazard of
fire development or spread is not present.In Group 1-3,combustible decorations are prohibited.
32.Installation Acceptance Testing -Chapter 9 of the International Fire Code,2003
edition,subsection 901.5.1 entitled "Occupancy,"is hereby amended to read as follows:
Subsection 901.5.1 -Occupancy.It shall be unlawful to occupy any portion of a
building or structure until the required fire detection,alarm and suppression systems have been
tested and approved.All acceptance tests shall be witnessed by the Fire Department,Fire
Prevention Bureau prior to occupancy being granted.
33.Inspection,Testing and Maintenance -Chapter 9,section 901.6 of the
International Fire Code,2003 edition,entitled "Inspection,testing and maintenance,"is hereby
amended by adding the following subsections,to read as follows:
a.Section 901.6.3 -Annual Certification Required:All sprinkler systems,
fire alarm systems,portable fire extinguishers,smoke removal systems and other fire protective
or extinguishing systems shall be certified annually by a qualified agency.(Exception)Hood fire
16
ORDINANCE NO.5086
extinguishing requires 6-month service.Documentation shall be provided as indicated in section
901.6.
b.Section 901.6.4 -Annual hazardous systems certification:All electronic
monitoring systems used in connection with flammable,combustible liquids and/or hazardous
materials shall be certified annually by a qualified agency.Documentations of the system
certification shall be forwarded to the Fire Prevention Bureau indicating the system has been
tested and functions as required.
34.System out of service -Chapter 9,section 901.7 of the International Fire Code,
2003 edition,entitled "Systems out of service,"is hereby amended to read as follows:
Section 901.7 Systems out of service.Where a fire protection system is out of service,the
fire department and the fire code official shall be notified immediately and,where required by
the fire code official,the building shall either be evacuated or an approved fire watch shall be
provided for all occupants left unprotected by the shut down until the fire protection system has
been returned to service.Where utilized,fire watches shall be provided with at least one
approved means for notification ofthe fire department and their only duty shall be to perform
constant patrols of the protected premises and keep watch for fires.
35.Automatic Sprinkler Systems -Chapter 9,section 903 ofthe International Fire
Code,2003 edition,subsection 903.2 entitled "Where required,"is hereby amended to read as
follows:
a.Section 903.2 Where required.Approved automatic sprinkler systems in
new buildings and structures shall be provided in the locations described in this section.
17
ORDINANCE NO.5086
All newly constructed buildings with a gross square footage of 12,000 or greater square
feet,regardless of type or use as well as zero lot line townhouses within an aggregate area of all
connected townhouses equaling 12,000 square feet or greater square feet must be sprinklered.
Additions to existing buildings which would result in a gross floor area greater than 12,000
square feet must be retrofitted with an automatic sprinkler system.
Exception:One time additions to Group R-3 occupancies of up to 500 square feet are
permitted without compliance with this section.
36.Group A-I -Chapter 9 section 903.2.1.1 of the International Fire Code,2003
edition,entitled "Group A-I,"is hereby amended to read as follows:
903.2.1.1 Group A-I.An automatic sprinkler system shall be provided for Group A-I
occupancies where one of the following conditions exists:
a.The gross floor area exceeds 12,000 square feet;
b.The fire area has an occupant load of300 or more;
c.The fire area is located on a floor other than the level of exit discharge;or
d.The fire area contains a multi theater complex.
37.Group A-2 -Chapter 9 section 903.21.2 of the International Fire Code,2003
edition,entitled "Group A-2,"is hereby amended to read as follows:
903.2.1.2 Group A-2.An automatic sprinkler system shall be provided for Group A-2
occupancies where one ofthe following conditions exists:
a.The gross floor area exceeds 5,000 square feet;
b.The fire area has an occupant load of 100 or more;or
c.The fire area is located on a floor other than the level of exit discharge.
18
ORDINANCE NO.5086
38.Group A-3 -Chapter 9 section 903.2.1.3 of the International Fire Code,2003
edition,entitled "Group A-3,"is hereby amended to read as follows:
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:
a.The gross floor area exceeds 12,000 square feet;
b.The fire area has an occupant load of 300 or more;or
c.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.
39.Group A-4 -Chapter 9,section 903.2.1.4 of the International Fire Code,2003
edition,entitled "Group A-4,"is hereby amended to read as follows:
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:
a.The gross floor area exceeds 12,000 square feet;
b.The fire area has an occupant load of 300 or more;or
c.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.
40.Group E -Chapter 9,section 903.2.2.of the International Fire Code,2003
edition,entitled "Group E,"is hereby amended to read as follows:
Section 903.2.2 Group E.An approved automatic sprinkler system shall be provided for
Group E Occupancies where the gross floor area exceeds 12,000 square feet.
Exceptions:
19
ORDINANCE NO.5086
a.Throughout every portion of educational buildings below the level of exit
discharge.
b.Throughout all newly constructed Group E Occupancies having an
occupant load of 50 or more for more than 12 hours per week or four hours in anyone day.A
minimum water supply meeting the requirements ofNFPA 13 shall be required.
c.Portable school classrooms,provided aggregate area of clusters of portable
school classrooms does not exceed 5,000 square feet;and clusters of portable school classrooms
shall be separated as required in Chapter 5 of the building code.
d.Basements:An automatic sprinkler system shall be installed in basements
classified as a Group E Occupancy when the basement is larger than fifteen hundred (1,500)
square feet in floor area.
When not required by other provisions of his chapter,a fire-extinguishing system
installed in accordance with NFPA-13 may be used for increases and substitutions allowed in
Section 504.2,506.3,and Table 601 ofthe building code.
41.Group B,F,H,and S Occupancies -Chapter 9,section 903.2.3 of the
International Fire Code,2003 edition,entitled "Group F-l,"is hereby amended to read as
follows:
Section 903.2.3 Group B,F,H,and S Occupancies:An automatic sprinkler system shall
be provided throughout all buildings containing a Group B,F,H or S occupancy with over
twelve thousand (12,000)square feet of gross floor area.
42.Group M -Chapter 9,section 903.2.6 of the International Fire Code,2003
edition,entitled "Group M,"is hereby amended to read as follows:
20
ORDINANCE NO.5086
903.2.6 Group M.An automatic sprinkler system shall be provided throughout buildings
containing a Group M occupancy where one ofthe following conditions exists:
a.Where a Group M gross floor area exceeds 12,000 square feet
b.Where a Group M ftre area is located more than three stories above grade;
or
c.Where the combined area of all Group M fIre areas on all floors,including
any mezzanines,exceeds 12,000 square feet.
43.Group R -Chapter 9,section 903.2.7 ofthe International Fire Code,2003 edition,
entitled "Group R,"is hereby amended to read as follows:
Section 903.2.7 -Group R Occupancies:An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings with a Group R fIre
area.
44.Group R3 -Chapter 9,section 903.2.7.1 ofthe International Fire Code,2003
edition,entitled "Group R-3,"is hereby added to read as follows:
Section 903.2.7.1-Group R-3 occupancy.When the occupancy has over twelve
thousand (12,000)square feet of gross floor area
45.Dwellings -Chapter 9,section 903.2.7.2 ofthe International Fire Code,2003
edition,entitled "Dwellings,"is hereby added to read as follows:
Section 903.2.7.2 -Dwellings.When proposed within all residential zones,clustered or
constructed so that,when attached,the total square foot gross floor area of all dwelling units
exceeds twelve thousand (12,000)square feet.For the purpose ofthis subsection,portions of
buildings separated by one or more frrewalls will not be considered a separate building.
21
ORDINANCE NO.5086
46.Automatic Sprinkler Systems in New Buildings -Chapter 9,section 903.2.14 of
the International Fire Code,2003 edition,entitled "Automatic Sprinkler Systems in New
Buildings,"is hereby added,to read as follows:
Section 903.2.14 -Automatic Sprinkler Systems in New Buildings:
a.Section 903.2.14.1 - A fully automatic fire protection sprinkler system is
to be installed in all new buildings in excess oftwelve thousand (12,000)square feet total gross
floor area,regardless ofvertical or horizontal fire barriers,such sprinkler system shall be
designed,installed and tested as per Section 903.3.
b.Section 903.2.14.2 - A fully automatic fire protection sprinkler system
may be required by the Chief of the Fire Department or the Fire Code Official for buildings less
than twelve thousand (12,000)square feet gross floor area when,in their judgment, supported by
written documentation from a professional organization (such as NFPA,ICC,SBCC,D.L.,ISO
etc.)verifies that hazardous operations,hazardous contents,critical exposure problems,limited
accessibility to the building or other items may contribute to a definite hazard.
47.Sprinkler Systems in Remodeled Buildings -Chapter 9,section 903.2.15 ofthe
International Fire Code,2003 edition,entitled "Sprinkler systems in remodeled buildings,"is
hereby added,to read as follows:
Section 903.2.15 -Sprinkler Systems in Remodeled Buildings:
a.Section 903.2.15.1 -When existing buildings with full sprinkler systems
are remodeled or added onto,the remodeled or added on portion shall be fully sprinklered.
b.Section 903.2.15.2 -When an existing building is added onto or
remodeled and the resulting total square foot gross floor area exceeds twelve thousand (12,000)
square feet,then the entire structure shall be fully sprinklered.
22
ORDINANCE NO.5086
48.NFPA l3R sprinkler systems -Chapter 9,section 903.3.1.2 of the International
Fire Code,2003 edition,entitled ''NFPA l3R sprinkler systems,"is hereby amended to read as
follows:
Section 903.3.1.2 NFPA l3R sprinkler systems.Where allowed in buildings of Group R,
up to and including four stories in height,automatic sprinkler systems shall be installed
throughout in accordance with NFPA 13R.NFPA 13R systems shall be limited to buildings
with a maximum gross floor area of 12,000 square feet.
49.Alarms -Chapter 9,section 903.4.2 ofthe International Fire Code,2003 edition,
entitled "Alarms,"is hereby amended to read as follows:
Section 903.4.2 Alarms.Approved audible and visible alarm notification appliances shall
be provided for every automatic sprinkler system in accordance with Section 907 and throughout
areas designated by the Fire Code Official.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 provided on the exterior of the building in an approved
location.Where a fire alarm system is installed,actuation ifthe automatic sprinkler system shall
actuate the building fire alarm system.
Exception:
a.With approval of the Fire Code Official,audible and visible alarm
notification appliances may be omitted for approved residential sprinkler systems in 1 or 2
dwelling units ifnot otherwise specifically required.
b.Approved domestically supplied local systems with 10 heads or less per
building.
23
ORDINANCE NO.5086
50.Floor Control Valves -Chapter 9,section 903.4.3 of the International Fire Code,
2003 edition,entitled "Floor control valves,"is hereby amended to read as follows:
Section 903.4.3 Floor control valves.Approved supervised indicating control valves shall
be provided at the point of connection to the riser on each floor.
Exception:When approved by the Fire Code Official in NFPA 13D and NFPA 13R
Systems.
51.Standpipe Systems -Chapter 9,section 905.3.1 of the International Fire Code,
2003 edition,entitled "Building height,"is hereby amended to read as follows:
905.3.1 Building height.Class III standpipe systems shall be installed throughout
buildings where the floor level of the highest story is located more 20 feet above the lowest level
of the fire department vehicle access,or where the floor level of the lowest story is located more
than 20 feet below the highest level of fire department vehicle access.
Exceptions:
a.Class I standpipes are allowed in buildings equipped throughout with an
automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.
b.Class I manual standpipes are allowed in open parking garages where the
highest floor is located not more than 150 feet (45 720 mm)above the lowest level of fire
department vehicle access.
c.Class I manual dry standpipes are allowed in open parking garages that are
subject to freezing temperatures,provided that the hose connections are located as required for
Class II standpipes in accordance with Section 905.5.
d.Class I standpipes are allowed in basements equipped throughout with an
automatic sprinkler system.
24
ORDINANCE NO.5086
e.Group R-3 does not require standpipes.
52.High Rise Building Standpipes -Chapter 9,section 905.3.7 of the International
Fire Code,2003 edition,entitled "High rise building standpipes,"is hereby amended by adding a
new section,905.3.7,to read as follows:
905.3.7 High Rise Building Standpipes.Standpipe risers shall be combination
standpipe/sprinkler risers using a minimum pipe size of 6 in.Two-2 12 in.hose connections
shall be provided on every intermediate floor level landing in every required stairway unless
otherwise approved by the fire code official.Where pressure reduction valves (PRY)are
required,each hose connection shall be provided with its own PRY.The system shall be
designed to provide a minimum flow of300 gpm at a minimum pressure of 150 psi (maximum
200 psi)at each standpipe connection,in addition to the flow and pressure requirements
contained in NFPA 14
53.Dry Standpipes -Chapter 9,section 905.3 ofthe International Fire Code,2003
edition,is hereby amended to add a new subsection entitled "Dry standpipes,"to read as follows:
Section 905.8 Dry standpipes.Dry standpipes when approved by the fire code official are
acceptable in other than high-rise buildings
54.Portable Fire Extinguishers -Chapter 9,subsection 906.1,"Where required,"of
the International Fire Code,2003 edition,is hereby amended by deleting Exception to item
number 1.
55.Group A -Chapter 9,section 907.2.1 of the International Fire Code,2003 edition,
entitled "Group A,"is hereby amended by deleting the Exception.
56.Group B -Chapter 9,section 907.2.2 of the International Fire Code,2003 edition,
entitled "Group B,"is hereby amended to read as follows:
25
ORDINANCE NO.5086
Section 907.2.2 -Group B.A manual fire alarm system shall be installed in the
following Group B Occupancies:
a.Those having an occupant load of 500 or more persons or more than 100
persons above or below the lowest level of exit discharge.
b.Those that are two (2)or more stories in height and 10,000 square feet or
more III area.
Exception:Deleted.
57.Group E -Chapter 9,section 907.2.3 of the International Fire Code,2003 edition,
entitled "Group E,"is hereby amended by deleting Exception number 2.
58.Group F -Chapter 9,section 907.2.4 of the International Fire Code,2003 edition,
entitled "Group F,"is hereby amended by deleting Exception.
59.Group M -Chapter 9,section 907.2.7 of the International Fire Code,2003
edition,entitled "Group M,"is hereby amended by deleting Exception.
60.Manual Fire Alarm System -Chapter 9,section 907.2.8.1 ofthe International Fire
Code,2003 edition,is hereby amended by deleting Exceptions 1 and 2.
61.Group R-2 -Chapter 9 section 907.2.9 of the International Fire Code,2003
edition,entitled "Group R-2,"is hereby amended by deleting Exceptions 1,2,and 3.
62.Multi-family complexes -Chapter 9 of the International Fire Code,2003 edition,
is hereby amended by adding the following subsection,907.2.9.1,to read as follows:
Section 907.2.9.1-Multi-family complexes.Multi-family complexes with three (3)or
more separate buildings within the complex,including recreation and/or day-care buildings,shall
be provided with approved fire alarm systems regardless of size.The buildings within the
complex shall have each building monitored by an approved central station.
26
ORDINANCE NO.5086
63.Location -Chapter 9,section 907.4.1 of the International Fire Code,2003 edition,
entitled "Location,"is hereby amended by deleting Exception.
64.Maintenance,Inspection and Testing -Chapter 9,section 907.20.5 of the
International Fire Code,2003 edition,is amended by adding a new subsection entitled
"Nonconforming alarm systems,"to read as follows:
Section 907.20.5.1 -Nonconforming alarm systems.In the event that an alarm system
may not meet these requirements,it shall be a further requirement of this Chapter that
modifications necessary to meet these minimum levels are made to the alarm system and
subsequent testing be conducted prior to any occupancy being granted.
65.Fire Watch -Chapter 14,section 1404.5 of the International Fire Code,2003
edition,entitled "Fire watch,"is hereby amended to read as follows:
Section 1404.5 Fire watch.When required by the fire code official for building
construction or demolition that is hazardous in nature,qualified personnel shall be provided to
serve as an on-site fire watch.Fire watch personnel shall be provided with at least one approved
means for notification of the fire department and their sole duty shall be to perform constant
patrols and watch for the occurrence of fire.
66.Unattended self-service motor fuel-dispensing facility -Chapter 22,section 2204
of the International Fire Code,2003 edition,subsection 2204.3.1 entitled "General,"is hereby
amended to read as follows:
Section 2204.3.1 General.Unattended self-service motor fuel-dispensing facilities,open
to the general public are not allowed.As a condition of approval of fleet vehicle fueling and
private fueling facilities,the owner or operator shall provide,and be accountable for,daily site
visits,regular equipment inspection and maintenance.
27
ORDINANCE NO.5086
67.Materials classification -Chapter 27,section 2703.9 ofthe International Fire
Code,2003 edition,is hereby amended by adding a new subsection,2703.9.10,entitled
"Manufacturer's limitations,"and section 2703.9,to read as follows:
a.Section 2703.9 General safety precautions.General precautions for the
safe storage,handling or care of hazardous materials shall be in accordance with Sections
2703.9.1 through 2703.9.10
b.Section 2703.9.10 Manufacturer's Limitations.The storage and use of
hazardous materials shall not exceed the manufacturer's limitations on shelf life and any other
restrictions on use.
68.Hazardous Materials -Chapter 27,section 2701.5,"Permits,"ofthe International
Fire Code,2003 edition,is hereby amended to read as follows:
Section 2701.5 Permits.Permits shall be required as set forth in Sections 105.6 and
105.7.
When required by the fIre code official,permittees shall apply for approval to
permanently close a storage,use or handling facility.Such application shall be submitted at least
30 days prior to the termination ofthe storage,use or handling ofhazardous materials.The fire
code official is authorized to require that the application be accompanied by an approved facility
closure plan in accordance with Section 2701.5.3.
All new installations and/or modifications or additions to existing systems shall require
plan review and permit fees as stipulated in RMC 4-1-150,Fire Prevention Fees.
69.This Section will be effective until Section 4-5-070.C.73 becomes effective,at
which time this section shall be repealed.
28
ORDINANCE NO.5086
Explosives and Fireworks -Chapter 33 of the International Fire Code,2003 edition,
entitled "Explosives and Fireworks,"is hereby amended to read as follows:
a.Section 3301.2 -Purpose.Compliance with State Regulations:It is the
intent of this Chapter to provide a procedure for the granting of licenses and the possession,sale,
and discharge of fireworks as classified by the State Fire Marshal as safe for possessing,sale and
discharge,and not to permit the possession,sale or use of any other fireworks,classified as
dangerous fireworks by the State Fireworks Law,all as provided for and defined in RCW.Each
licensee shall further comply with and adhere to the rules and regulations relating to fireworks as
issued by the State Fire Marshal.
b.Section 3301.3 -Retail Sale of Fireworks.City and State Prerequisite:
1.Section 3301.3.1 -No permit shall be issued by the City unless the
person applying for same has first obtained a license from the State Fire Marshal
as provided in RCW.
11.Section 3301.3.2 -It shall be unlawful for any person to engage in
the retail sale of or to sell any fireworks within the City without first having
obtained a permit as hereinafter set forth.
c.Section 3301.4 -Permit Restrictions.A permit granted pursuant to this
Chapter shall entitle the permittee to maintain only one retail outlet.All permits issued pursuant
hereto shall be used only for the specified permittee and shall be nontransferable.Any transfer or
purported transfer of a permit shall be deemed a violation of this Chapter.
1.Section 3301.4.1 -Permit Fee.The annual permit fee for the sale
of such fireworks as may be authorized hereunder or may be authorized by the
29
ORDINANCE NO.5086
provisions ofthe laws of the State shall be one hundred dollars ($100.00)per
annum,payable in advance.
11.Section 3301.4.2 -Permit Limitations.No person shall receive
more than one license for the sale of fireworks during anyone calendar year.
lll.Section 3301.4.3 -Permit Application. Investigation:All
applications for a permit shall be made in writing addressed to the Fire Code
Official or such other person as may be appointed by the Chief.It shall be the
duty of the Fire Code Official or the Official's designee to make a complete
inspection of the stand site prior to the issuance of a permit.The Code Official
shall have power in his discretion to grant or deny the application,subject to such
reasonable conditions,if any,as he shall prescribe.
IV.Section 3301.4.4 -Time for Application.All applications for
licenses as required under the terms of this Chapter shall be made between the
first day of January and five o'clock (5:00)p.m.May 28 of the year for which
such license is sought.
v.Section 3301.4.4.1 -Performance Bond or Cash Deposit Required.
Any applicant shall post with the City a performance bond or cash deposit in an
amount of not less than seventy five dollars ($75.00)conditioned upon the prompt
removal of the temporary stand and the cleaning up of all debris from the site of
the temporary stand which deposit shall be returned to the applicant only in the
event that he removes said stand and cleans up all debris to the satisfaction of the
Fire Code Official or any other so designated official of the City.In the event of
the applicant's failure to do so,the performance bond or cash deposit shall be
30
ORDINANCE NO.5086
forfeited unto the City.In no event shall the applicant be entitled to the return of
the perfonnance bond or cash deposit ifhe has failed to remove the temporary
stand and failed to clean up all the debris by July 10th of each year.
VI.Section 3301.4.5 -Fireworks Sales.Pennits for the retail sale of
fireworks shall restrict any authorized retail sale to persons sixteen (16)or more
years of age.Sellers shall require proof of age by means of display of a valid
Washington State driver's license or photo identification card issued by the
Washington State Department of Licensing.No other fonns of identification shall
be accepted.
It shall be unlawful for any person to offer for retail sale,or expose for
retail sale,or sell at retail within the City except from twelve o'clock (12:00)
noon on June 28 to eleven o'clock (11 :00)p.m.of July 4 of each year.
V11.Section 3301.4.6 -Fireworks Discharge.No person shall ignite or
discharge any fireworks except between the hours of nine o'clock (9:00)a.m.and
twelve o'clock (12:00)midnight p.m.on July 4 of any calendar year.
d.Exceptions:
1.Section 3301.4.6.1 -Public displays authorized by pennit issued
pursuant to WAC.
11.Section 3301.4.6.2 -Use by a group or individual for religious or
other specific purpose on an approved date at an approved location pursuant to a
pennit issued pursuant to WAC.
31
ORDINANCE NO.5086
lll.Section 3301.4.6.3 -Use of trick and novelty devices as defined in
WAC 212-17-030,as amended,and use of agricultural and wildlife fireworks as
defined in RCW.
IV.Section 3301.4.7 -Public Display;Insurance Required.Any
applicant shall,at the time of issuance of such license,submit to the City proper
evidence of public liability and property damage insurance and such applicant
shall maintain the insurance in a company or companies approved by the City
Attorney with amounts as follows:One million dollars ($1,000,000.00)or more
for injuries to anyone (1)person in one (1)accident or occurrence;two million
dollars ($2,000,000.00)or more for injuries to two (2)or more persons in anyone
(1)accident or occurrence;one million dollars ($1,000,000.00)for damage to
property in anyone (1)accident or occurrence.
Such insurance shall name the City as an additional insured and shall not
be cancellable except by a 45-day pre-cancellation notice in writing to the City.
Section 3301.4.7.1 -Pyrotechnic Operator Required:Every public display
of fireworks shall be handled or supervised by a State licensed pyrotechnic
operator.
e.Section 3301.4.8 -Temporary Stands.Required Standards:The temporary
stands of all licensees shall conform to the following minimum standards and conditions:
1.Section 3301.4.8.1 -Temporary fireworks stands need not comply
with all the provisions of the Building Code;provided however,that all such
stands shall be erected under the supervision of the Fire Code Official or the
Official's duly authorized representative who shall require that all such stands be
32
ORDINANCE NO.5086
constructed in a safe manner ensuring the safety of attendants and patrons.In the
event any such temporary stand is wired for electricity,then the wiring shall
conform to the Electrical Code of the City.
11.Section 3301.4.8.2 -No temporary fireworks stand shall be located
within fifty feet (50')of any other building or structure or within one hundred feet
(100')of any gasoline station,oil storage tank or premises where flammable
liquids are kept or stored.
111.Section 3301.4.8.3 -Each temporary fireworks stand must have at
least two (2)exits which shall be unobstructed at all times;and each stand have a
readily accessible fire extinguisher duly approved in advance by the Fire Code
Official.
IV.Section 3301.4.8.4 -All weeds,grass and combustible material
shall be cleaned from the location of the temporary fireworks stand and
surrounding area a distance of not less than twenty five feet (25 '),measured from
the exterior walls of each side of the temporary fireworks stand.
v.Section 3301.4.8.5 -No smoking shall be permitted in or near a
temporary fireworks stand,and the same shall be posted with proper "No
Smoking"signs,which rules are to be strictly enforced.No fireworks shall be
discharged within one hundred feet (100')of any retail fireworks sale location.
VI.Section 3301.4.8.6 -Each temporary fireworks stand shall have an
adult in attendance at all times.No child or children under the age of sixteen (16)
years shall be allowed inside any temporary fireworks stand.
33
ORDINANCE NO.5086
VB.Section 3301.4.8.7 -All unsold stock and accompanying litter
shall be removed from the temporary fireworks stand by twelve o'clock (12:00)
noon on July 6 of each year.
Vlll.Section 3301.4.8.9 -Dangerous Fireworks Prohibited.It shall be
unlawful for any person to sell,possess,use or explode any dangerous or illegal
fireworks within the City.Dangerous or illegal fireworks shall be those fireworks
so defined by RCW and any subsequent amendments thereto which said Code
section is hereby adopted by reference as part of this Code,one copy having been
filed with the City Clerk for public inspection.
IX.Section 3301.4.9 -Enforcement Officer.The Fire Code Official or
the Official's duly authorized representative is hereby designated as enforcing
officer of this Chapter.In addition to all other grounds for revocation or
termination of a permit as set forth in the general provisions hereof,any failure or
refusal on the part of a permittee to obey any rule,regulation or request of the Fire
Code Official concerning the sale of fireworks shall be grounds for the revocation
of a fireworks permit.
x.Section 3301.4.10 -Fireworks;Zoning Compliance.The location
of the proposed place of business shall be only in those areas or zones within the
City wherein business,or industrial activities,are authorized under the applicable
zoning law of the City;provided,that the sale of "common"fireworks shall not be
deemed an enlargement of existing nonconforming use;and provided further,that
no fireworks shall be sold in any residential area where a business enterprise does
not exist.
34
ORDINANCE NO.5086
f.Penalty:Any violation of this Subsection on Fireworks shall be an
infraction only and punishable under City Code Section 1-3-2 entitled Civil Penalties,except
possession,sale or discharge of fireworks not classified as "common"by the Washington
Administrative Code Section 212-17-035,as now or hereafter amended,shall be a misdemeanor.
70.Underground Tanks -Chapter 34,section 3404.2.11 of the International Fire
Code,2003 edition,entitled "Underground tanks,"is hereby amended to read as follows:
Section 3404.2.11 Underground tanks.Underground storage of flammable and
combustible liquids in tanks shall comply with Section 3404.2 and Sections 3404.2.11.1 through
3404.2.11.5.2.Corrosion protection shall comply with WAC 173-360-305.
All new underground storage tanks shall conform to the standards as defined in the
"Underground Storage Tank Secondary Containment Ordinance"(RMC 4-5-120).
All provisions of the "Underground Storage Tank Secondary Containment Ordinance"shall
apply to the installation,use,maintenance and abandonment of underground storage tanks.
All unauthorized releases from underground storage tanks shall be reported in conformance with
RMC 4-5-120K,Release Reporting Requirements.Leaking tanks shall be promptly emptied and
removed from the ground and abandoned in accordance with section 3404.2.14
All new above ground and underground tank installations and modifications or additions to
existing systems shall be subject to plan review and installation fees as described in RMC 4-1-
150.
71.Annual Certification of Monitoring System -Chapter 34,section 3404.2.11.5 of
the International Fire Code,2003 edition,entitled "Leak Prevention,"is hereby amended by
adding a new subsection,to read as follows:
35
ORDINANCE NO.5086
Section 3404.2.11.5.3 Leak Detection System Maintenance and Certification.Leak
detection devices and monitoring systems installed in accordance with this section shall be
inspected and tested at least annually by a qualified third party,and the test results maintained on
site for at least one year.
72.Appendix B -Fire-Flow Requirements for Buildings,International Fire Code,
2003 edition,section B104.2 entitled "Area separation,"is hereby amended to read as follows:
BI04.2 Area separation.Portions of buildings,which are separated by one or more four-
hour firewalls constructed in accordance with the International Building Code,without openings,
and provided with a 30-inch parapet,are allowed to be considered as separate fire areas.
SECTION III.Sections 4-5-120.C of Chapter 5,Building and Fire Prevention
Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances ofthe City of Renton,Washington,"is hereby amended to read as follows:
C.COMPLIANCE WITH THE FIRE CODE REQUIRED
In addition to the provisions of this Section,all underground storage facilities
installations shall meet all applicable provisions and requirements of chapters 27 and 34 of the
International Fire Code.
SECTION IV.Subsection 4-5-120.D.4 of Chapter 5,Building and Fire Prevention
Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington"is hereby deleted,with the remaining
subsections renumbered accordingly.
SECTION V.Section 4-5-120.F of Chapter 5,Building and Fire Prevention
Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows:
36
ORDINANCE NO.5086
F.FIRE CODE OFFICIAL AND FIRE DEPARTMENT AUTHORITY AND
RESPONSIBILITY
The Fire Department shall not issue a permit to operate an underground storage facility
until the Department inspects the underground storage facility and determines that the
underground storage facility complies with the provisions of these regulations.The Fire Code
Official or the Official's duly authorized representative is hereby designated as the enforcing
officer of this Section.In addition to all other grounds for revocation or termination of permits
set forth in the general provisions hereof,any failure or refusal on the part of a permittee to obey
any rule,regulation,condition or law concerning the installation,maintenance,or removal of
underground storage facilities shall be grounds for revocation of a permit.
SECTION VI.The definitions of the following terms in Section 4-5-120.G of
Chapter 5,Building and Fire Prevention Standards,of Title IV (Development Regulations)of
Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington,"
are hereby amended to read as follows,with the other terms to remain as presently defined:
CLOSURE OF UNDERGROUND STORAGE FACILITIES:The lawful emptying
and/or removal of underground storage facilities pursuant to a permit issued by the Fire
Department and in conformance with chapter 34 of the International Fire Code.
NATIONALLY RECOGNIZED INDEPENDENT TESTING ORGANIZATION:Any
one of the following organizations,or other organizations approved by the Fire Code Official:
American National Standards Institute (ANSI)
American Society of Mechanical Engineers (AS ME)
American Society for Testing and Materials (ASTM)
National Association of Corrosion Engineers (NACE)
37
ORDINANCE NO.5086
National Sanitation Foundation (NSF)
Underwriters Laboratories (UL)
Underwriters Laboratories of Canada,Inc.(ULC)
REGULATED SUBSTANCES:Any hazardous materials,flammable liquid,combustible
liquid,or toxic substances which are more particularly defined as:
1.Flammable Liquid:Any liquid having a flash point below one hundred
degrees (100°)Fahrenheit and having a vapor pressure not exceeding forty (40)pounds per
square inch (absolute)at one hundred degrees (100°)Fahrenheit.
2.Combustible Liquid:A liquid having a flash point at or above one hundred
degrees (100°)Fahrenheit.
3.Hazardous Materials:Includes such materials as flammable solids,
corrosive liquids,radioactive materials,oxidizing materials,highly toxic,materials,poisonous
gases,reactive materials,unstable materials,hyperbolic materials and pyrophoric materials as
defined in chapter 2 of the International Fire Code and any substance or mixture of substances
which is an irritant,a strong sensitizer or which generates pressure through exposure to heat,
decomposition or other means.
4.Toxic Substance:Any material,either singularly or in combination,which
may pose a present or potential hazard to human health or to the quality of groundwaters when
improperly used,stored,transported or disposed of or otherwise mismanaged including
fertilizers,herbicides,and pesticides.
SECTION VII.Subsections 4-5-120.H.1 and 2 of Chapter 5,Building and Fire
Prevention Standards,of Title N (Development Regulations)of Ordinance No.4260 entitled
38
ORDINANCE NO.5086
"Code of General Ordinances of the City of Renton,Washington,"are hereby amended to read
as follows:
1.Applicability:The following subsections shall apply to all new installations of
primary and secondary containers including leak interception and detection systems.
2.Standards for New Underground Storage Facilities:
a.Primary and secondary levels of containment shall be required for all new
underground storage facilities used for the storage of regulated substances.
b.All primary containers shall be product-tight and shall be installed in
accordance with all applicable sections of chapter 34 of the International Fire Code.
c.All secondary containers shall be constructed of materials of sufficient
thickness,density,and composition to prevent structural weakening fo the secondary container
as a result of contact with any released hazardous substance and shall be capable of containing
any unauthorized release of the hazardous substance stored within the primary container(s)for at
least the maximum anticipated period,established by manufacturer's specificiations,sufficient to
allow detection and removal of the unauthorized release.
d.If a hazardous substance has come into contact with the secondary
container and either additional primary containers exist within the secondary container or the
leaking primary container has been closed as specified in this Section and replaced by a new
primary container,the owner shall demonstrate to the satisfaction of the Department that the
requirements of subsection H(2)(c)of this Section are still achievable or replace the secondary
container.
e.The secondary container shall have the ability to contain the following
volumes:
39
ORDINANCE NO.5086
1.At least one hundred percent (100%)of the volume of the primary
container where only one preimary container is within the secondary container.
11.In the case of multiple primary containers within a single
secondary conatiner,the secondary container shall be large enough to contain one hundred fifty
percent (150%)of the volume ofthe largest primary container placed in it or ten percent (10%)
of the aggregate internal volume of all primary containers in the secondary container,whichever
is greater.
f.If the secondary container is open to rainfall,then it shall be able to
accommodate the volume of precipitation which could enter the secondary container during a
twenty four (24)hour,one hundred (100)year storm in addition to the volume of hazardous
substance storage required in subsection H(2)(e)of this Section.
g.The volumetric requirements for the pore space of a granular material
placed in the secondary container as backfill for the primary container shall be equal to or greater
than that required in subsection H(2)(e)of this Section.The available pore space in the
secondary container backfill shall be determined using appropriate engineering methods and
safety factors and shall consider the specific retention and specific yield of the backfill material,
the location of the primary container within the secondary container,and the proposed method of
operation for the secondary container.
h.The secondary container shall be equipped with a collection system to
accumulate,temporarily store,and permit removal of any precipitation,subsurface infiltration,or
hazardous substance released from the primary container.
1.Laminated,coated,or clad materials shall be considered single-walled and
shall not be construed to fulfill the requirements of both primary and secondary containment.
40
ORDINANCE NO.5086
J.All primary containers and double-walled underground storage tanks
subject to flotations shall be weighted or anchored using methods specified by the manufacturer
or,ifnone exist,best engineering judgment.
SECTION VIII.Section 4-5-120.1 of Chapter 5,Building and Fire Prevention
Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows:
I.EXISTING INSTALLAnONS AND MONITORING STANDARDS
1.Continuation:Any underground storage facility in existence as of the effective
date of this Section,or for which an installation permit has been obtained prior to the effective
date of this Section,shall be allowed to continue in use,so long as it is product-tight.
2.Leaks:Should any existing storage tank and/or its associated piping experience a
loss of product,due to leakage or mechanical failure,the entire underground storage facility shall
be upgraded to meet the requirements for a new underground storage facility as set forth in this
Section.Should any existing storage tank experience a loss of product due to a failure in its
associated piping,the Fire Code Official shall have the authority,upon written request of the
owner/operator,to waive the requirement to replace the entire facility.Such waiver shall be
based upon certification to the satisfaction of the Code Official that the piping has been fully
repaired.At a minimum,such certification shall include a product-tight test of the facility.
3.Monitoring Standards for Existing Underground Storage Facilities:
a.Monitoring System Required:All owners of existing underground storage
facilities which store regulated substances subject to this Section shall implement a visual
monitoring or alternative monitoring system that complies with this Section and is approved by
the Fire Marshal within eighteen (18)months of the effective date of this Section.
41
ORDINANCE NO.5086
b.Objective:The objective of the monitoring program for existing
underground storage facilities is to detect unauthorized releases within seventy two (72)hours of
their occurrence.
c.Fire Department Approval Required:The Fire Department shall review
the proposed monitoring program and shall approve the monitoring system if it finds that all
aspects of the monitoring alternative can be implemented.If the proposed monitoring alternative
cannot be approved,then the Fire Department may request the submittal of another proposed
monitoring alternative or may specify the implementation of another monitoring alternative.
d.Monitoring System Requirements:The monitoring system must be
capable of determining the containment ability of the underground storage tank and detecting
any active or future unauthorized releases.Groundwater monitoring may be utilized as a primary
means of monitoring only when the underground storage facility is located outside of an Aquifer
Protection Area.All owners of existing underground storage facilities subject to this Section who
are not able to implement visual monitoring shall implement one of the following monitoring
alternatives in conformance with any permit requirements imposed by the Fire Marshal:
1.Tank tightness testing and inventory reconciliation controls.
11.Testing or monitoring for vapors within the soil surrounding the
underground storage tank system.
lll.Monitoring for products on the groundwater.
IV.Monitoring for releases in an interception barrier.
v.Automatic monitoring of product level and automatic inventory
reconciliation.
42
ORDINANCE NO.5086
VI.Interstitial monitoring between the underground storage tank and a
secondary barrier.
VB.Other methods approved by the Fire Department.
e.Annual Certification of Monitoring System -Leak detection devices and
monitoring systems installed in accordance with this section shall be inspected and tested at least
annually,and the test results maintained on site for at least one year.
4.System Evaluation Criteria:The Fire Department shall evaluate each monitoring
alternative proposed by the applicant for a permit to determine its suitability based on the
following criteria:
a.Whenever possible,primary method of monitoring other than groundwater
monitoring shall be performed,monthly at a minimum.
b.When the underground storage facility is in an Aquifer Protection Area,a
monitoring method other than groundwater monitoring shall be utilized on a weekly or more
frequent basis for leak detection monitoring.
c.Groundwater monitoring may be required by the Fire Code Official or the
Official's designee in an Aquifer Protection Area.The Fire Marshall shall review and approve.
the number and location of the monitoring welles).More than one underground storage facility
may be monitored using the same well provided the well is directly downgradient of all
underground storage facilities being monitored and is within one thousand feet (1,000')of all
underground storage facilities being monitored.
5.Tests:If the monitoring technique(s)selected is designed to detect the presence
of the stored regulated substance outside of the underground storage facility,then tests must be
43
ORDINANCE NO.5086
made to determine if the regulated substance or any interfering constituents exist in the soil or
backfill surrounding the underground storage facility.
6.Failure to Monitor:The failure to implement an approved monitoring system shall
be cause for the Fire Code Official to require closure of the underground storage facility pursuant
to subsection L of this Section,Closure Requirements.
SECTION IX.Section 4-5-120.K.3.a of Chapter 5,Building and Fire Prevention
Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton Washington,"is hereby amended to read as follows:
a.Time for Notification:Within twenty four (24)hours after an unauthorized release
has been detected,or should have been detected,using required monitoring,the operator shall
notify the Fire Department.This Section shall apply to any unauthorized release except as
defined in subsection K(2)(a)of this Section.
SECTION X.Sections 4-5-120.L and M of Chapter 5,Building and Fire
Prevention Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled
"Code of General Ordinances ofthe City of Renton Washington,"are hereby amended to read as
follows:
L.CLOSURE REQUIREMENTS
1.Closure Required:Existing underground storage facilities which have experienced
an unauthorized release may not be repaired and shall be closed pursuant to the requirements of
this Section.During the period of time between cessation of regulated substance storage and
actual completion of underground storage facility closure,the applicable containment and
monitoring requirements of this Section shall continue to apply.
44
ORDINANCE NO.5086
2.Exception:The requirements of this Section do not apply to those underground
storage facilities in which regulated substances are continued to be stored even though there is no
use being made of the stored substance.In these cases,the applicable containment and
monitoring requirements of this Section ashall continue to apply.
3.General Provisions:
a.Compliance with Fire Code Required:All closures shall be accomplished
in conformance with chapter 34 of the International Fire Code and with the provisions of this
Section.
b.Closure Proposal Required:Prior to closure,the underground storage
facility owner shall submit to the Department a proposal describing how the owner intends to
comply with closure requirements.The requirement for prior submittal is waived if the storage of
regulated substances ceases as a result of an unauthorized release or to prevent or minimize the
effects of an unauthorized release.In this situation,the underground storage facility owner shall
submit the required proposal within fourteen (14)days of either the discovery of an unauthorized
release or the implementation of actions taken to prevent or minimize the effects ofthe
unauthorized release.
c.Department of Ecology Notification:Notification of intent to
close undergound storage tanks shall be submitted to the Department of Ecology at least
30-days prior to the start of work,in accordance with Chapter 173-360-385 of the
Washington Administrative Code (WAC).
4.Temporary Closure:
a.Applicability:This Section applies to those underground storage facilities
in which storage has ceased for a period of more than ninety (90)days and less than three
45
ORDINANCE NO.5086
hundred sixty-five (365)days and where the owner or operator proposes to retain the ability to
use the underground storage facility within a year for the storage of regulated substances.
Underground storage facilities temporarily taken out of service for a period of up to ninety (90)
days shall continue to be monitored in conformance with the applicable subsections of this
Section.
b.Exception:This Section does not apply to underground storage facilities
that are empty as a result of the withdrawal of all stored material during normal operating
practice prior to the planned input of additional regulated substances consistent with permit
conditions.
c.Standards and Requirements for Temporary Closure:The owner or
operator shall comply with all of the following:
1.All residual liquid,solids,or sludges shall be removed and handled
pursuant to the requirements of the Fire Department.
11.If the underground storage facility contained a regulated substance
that could produce flammable vapors at standard temperature and pressure,then the underground
storage facility shall be purged of the flammable vapors to levels that would preclude an
explosion or such lower levels as may be required by the Fire Department.
111.The underground storage tank may be filled with a noncorrosive
liquid that is not a regulated substance.This liquid must be tested by a certified testing agency
and results submitted to the Department prior to its being removed from the underground storage
facility at the end of the temporary closure period.
IV.Except for required venting,all fill and access locations and piping
shall be sealed utilizing locked caps or concrete plugs.
46
ORDINANCE NO.5086
v.Power service shall be disconnected from all pumps associated
with the use of the underground storage tank.
d.Modification of Monitoring Requirements:The monitoring required
pursuant to the permit may be modified or eliminated during the temporary closure period by the
Department.The Department shall consider,in making the above decision,the need to maintain
monitoring in order to detect unauthorized releases that may have occurred during the time the
underground storage facility was used but that have not yet reached the monitoring locations and
been detected.
e.Inspection Required:The underground storage facility shall be inspected
by the owner or operator at least once every three (3)months to assure that the temporary closure
actiqp.s are still in place.This shall include:
1.Visual inspection of all locked caps and concrete plugs.
11.If locked caps are utilized,then at least one shall be removed to
determine if any liquids or other substances have been added to the underground storage tank or
if there has been a change in the quantity or type of liquid added pursuant to the above Section.
f.Closure Plan Required:A closure plan clearly illustrating when
and how the tank will either be placed back into service,removed from the ground,or
permanently abandoned is required to be submitted to the Department at the time of
permit application.
5.Permanent Closure Requirements:
a.Applicability:The permanent closure requirements of this Section
shall apply to those underground storage facilities in which the storage of regulated
substances has ceased for a period of more than three hundred sixty-five (365)days or
47
ORDINANCE NO.5086
when the owner has no intent within the next year to use the underground storage facility
for storage of regulated substances.
b.Compliance Required:Owners of underground storage facilities
subject to permanent closure shall comply with all the provisionsofthis Section.
c.Standards and Requirements for Removal of Tanks:An underground
storage facility that is required to be permanently closed shall have the tanks removed,per
chapter 34 of the International Fire Code.Owners of underground storage facilities proposing to
permanently close the facility by removal shall comply with the following requirements:
1.All residual liquid,solids,or sludges shall be removed.
11.If the underground storage facility contained a regulated substance
that could produce flammable vapors at standard temperature and pressure,then the underground
storage facility,either in part or as a whole,shall be purged of the flammable vapors to levels
that would preclude explosion or such lower levels as may be required by the Department.
111.When an underground storage facility or any part of an
underground storage facility is to be disposed of,the owner must document to the Department
that proper disposal has been completed.
IV.An owner of an underground storage facility or any part of an
underground storage facility that is destined for a specific reuse shall identify to the Department
the future underground storage facility owner,operator,location of use,and nature of use.
v.An owner of an underground storage facility or any part of an
underground storage facility that is destined for reuse as scrap material shall identify this reuse to
the Department.
48
ORDINANCE NO.5086
d.Standards and Requirements for Abandoning Tank in Place:A tank may
be abandoned and closed in place,if it can be proven that removal of the tank could constitute a
hazard to the immediate structure or underground utilities.The closing in place is at the Fire
Code Official's approval.Owners of underground storage facilities who propose to permanently
close a facility in place with prior approval of the Fire Code Official shall comply with the
following:
1.All residual liquid,solids,or sludges shall be removed.
11.All piping associated with the underground storage tank
shall be removed and disposed of unless removal might damage structures or other pipes
that are being used and that are contained in a common trench,in which case the piping
to be closed shall be emptied of all contents and capped.
111.The underground storage tank,except for the piping that is closed
pursuant to the above subsection,shall be completely filled with an inert solid,unless the owner
intends to use the underground storage tank for the storage of a nonregulated substance which is
compatible with the previous use of the underground storage facility.
IV.A notice shall be filed and recorded with the County Auditor,
which shall describe the exact vertical and area location of the closed underground storage
facility,the regulated substance it contained,and the closure method.
e.Demonstration to Fire Code Official:The owner of an underground
storage facility being closed shall demonstrate to the satisfaction of the Fire Code Official that no
unauthorized release has occurred.This demonstration can be based on the on-going leak
detection monitoring,groundwater monitoring,or soils sampling performed during or
49
ORDINANCE NO.5086
immediately after closure activities.If feasible,soil samples shall be taken and analyzed
according to the following:
1.If the underground storage facility or any portion thereof is
removed,then soil samples from the soils immediately beneath the removed portions shall be
taken.Sampling shall be conducted using the methods described in the Department of Ecology's
Guidance for Remediation of Petroleum Contaminated Soils (Document 91-30).At a minimum,
a separate sample shall be taken for every two hundred (200)square feet for underground storage
tanks or every twenty (20)lineal feet of trench for piping.
11.Methods used to analyze soil samples shall be in accordance with
the Department of Ecology's Guidance for Remediation of Petroleum Contaminated Soils
(Document 91-30).At a minimum,soils shall be analyzed for all constituents of the previously
stored regulated substances and their breakdown or transformation products.
M.VARIANCES
The Fire Code Official shall have the authority to grant variances from the specific
requirements of this Section,if it can be shown that the proposed method of installation,
operation,or removal meets the intent of this Section.
SECTION XI.
days after publication.
This ordinance shall be effective after its passage,approval,and 30
PASSED BY THE CITY COUNCIL this 21 s t day of __J_u_n_e :,2004.
Michele Neumann,D~ptlty City Clerk
50
ORDINANCE NO.5086
APPROVED BY THE MAYOR this 21 st day of __J_u_n_e "2004.
Approved as to fonn:
Cc1a~1Ri¥~
Date of Publication:June 25,2004 (Summary)
ORD.1110:6/9/04:ma
51