Chapter 15.40
INTERNATIONAL FIRE CODE

Sections:

15.40.010    Adoption of the International Fire Code.

15.40.020    IFC Section 2306.2.3 amended.

15.40.030    IFC Section 5601.1.3 amended.

15.40.010 Adoption of the International Fire Code.

A. The 2021 Edition of International Fire Code (IFC), including Appendix B, “Fire-Flow Requirements for Buildings,” and Appendix C, “Fire Hydrant Locations and Distribution,” as published by the International Code Council, and as adopted and amended by the State Building Code Council (SBCC) in Chapter 51-54A WAC, excluding IFC Sections 905.3.4, 905.3.4.1, 907.2.7.1 and 907.2.13.2, are adopted by reference and shall be applicable within the city, subject to the SBCC-adopted exceptions and city amendments and deletions set forth in this chapter.

B. State Building Code Council-Adopted Exceptions. The exceptions and amendments to the International Fire Code contained in the provisions of Chapter 19.27 RCW shall apply in case of conflict with any of the provisions of these rules.

Codes referenced which are not adopted through RCW 19.27.031 or Chapter 19.27A RCW shall not apply unless specifically adopted by the authority having jurisdiction.

The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. “Temporary growing structure” means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention. A temporary growing structure is not considered a building for purposes of this code.

The provisions of this code do not apply to the construction, alteration, or repair of temporary worker housing except as provided by rule adopted under Chapter 70.114A RCW or Chapter 37, Laws of 1998 (2SSB 6168). “Temporary worker housing” means a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy, and includes “labor camps” under RCW 70.54.110.

The manufacture, storage, handling, sale and use of fireworks shall be governed by Chapter 70.77 RCW and by Chapter 212-17 WAC and local ordinances consistent with Chapter 212-17 WAC.

C. City Amendment Adopting the City of Bellevue Ordinance. The 2021 Edition of the IFC, as adopted and amended by subsection (A) of this section, is hereby further amended to include the local amendments adopted in Section 2 of the city of Bellevue IFC code-adopting ordinance, as defined herein, in which local amendments to the 2021 Edition of the IFC are adopted by reference and shall be applicable within the city subject to the amendments set forth below:

1. All references therein to the city of Bellevue and/or city of Bellevue officials shall be construed as meaning the city of Newcastle and/or the relevant city of Newcastle officials except that references to the “fire code official” and “fire marshal” shall mean the fire marshal of the city of Bellevue and references to the “fire chief” or “chief” shall mean the fire chief of the city of Bellevue.

2. All references to Bellevue City Code (BCC) Chapter 1.18 shall mean Chapters 1.10, 4.05, 4.15, 4.20 and 4.25 NMC, where applicable.

3. All references to the city of Bellevue Transportation Department Design Standards and Manual shall be replaced with the city of Newcastle public works standards as adopted in Chapter 12.05 NMC.

4. All references to the Washington Cities Electrical Code shall be replaced with references to the electrical code adopted by the state of Washington.

5. The following provisions of Section 2 of the city of Bellevue IFC code-adopting ordinance are expressly not adopted by reference, and shall have no applicability within the city of Newcastle:

23.11.100 – Adoptions – International Fire Code;

23.11.201.5 – Terms used in this chapter.

6. The Bellevue Fire Department Smoke Control Guidelines shall be adopted for administering the smoke control provisions of the International Building Code and International Fire Code.

7. Text marked “Point of information” is for guidance only and does not have the force of law.

8. Violations of provisions of the IFC shall be administered by city of Bellevue fire department officials utilizing policies in the IFC as adopted herein.

9. There shall be no administrative appeal of the fire code official’s determination that a preventable fire department response has occurred.

D. All codes, ordinances, standards, rules, and regulations adopted by this section are adopted by reference thereto and by this reference fully incorporated herein. Not less than one copy of each code, ordinance, rule or regulation, in the form in which it was adopted, shall be filed in the city clerk’s office and be available for use and examination by the public. (Ord. 2024-659 § 2 (Exh. A)).

15.40.020 IFC Section 2306.2.3 amended.

IFC Section 2306.2.3 as amended by city of Bellevue Ordinance 6782 is further amended as follows (strike-through text not adopted and underlined text indicates changes made):

2306.2.3 Above-ground tanks located outside, above grade. Above-ground tanks shall not be used for the storage of Class I, II or IIIA liquid fuels except as provided by this section.

1. The storage of Class I, and Class II, and III liquids in above ground tanks in excess of 100 gallons outside of buildings is prohibited within the limits of the City. established by law as the limits of districts in which such storage is prohibited. Districts for which this prohibition applies include areas zoned as other than LI (Light Industrial) and GC (General Commercial) as defined in City of Bellevue Land Use Code and designated on the City’s official zoning map.

2. Above-ground tanks used for outside, above-grade storage of Class I liquids shall be listed and labeled as protected above-ground tanks in accordance with UL 2085 and shall be in accordance with Chapter 57. Such tanks shall be located in accordance with Table 2306.2.3.

3. Above-ground tanks used for outside, above-grade storage of Class II or IIIA liquids shall be listed and labeled as protected above-ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3.

Exception: Other above-ground tanks that comply with Chapter 57 where approved by the fire code official.

4. Tanks containing fuels shall not exceed 12,000 gallons (45,420 L) in individual capacity or 48,000 gallons (181,680 L) in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30,480 mm).

45. Tanks located at farms, construction projects, or rural areas shall comply with Section 5706.2.

56. Above-ground tanks used for outside above-grade storage of Class IIIB liquid motor fuel shall be listed and labeled in accordance with UL 142 or listed and labeled as protected above-ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.

(Ord. 2024-659 § 2 (Exh. A)).

15.40.030 IFC Section 5601.1.3 amended.

IFC Section 5601.1.3 is amended as follows (strike-through text not adopted and underlined text indicates changes made):

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.

Exceptions:

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605.

23. The use of fireworks for fireworks displays as allowed in Section 5608.

34. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with the 2006 edition of NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100185, as applicable for consumer fireworks.

(Ord. 2024-659 § 2 (Exh. A)).