Chapter 8.03
INTERNATIONAL FIRE CODE
Sections:
8.03.020 Applicability of the International Fire Code.
8.03.030 Administration and enforcement – Rules and regulations.
8.03.040 Administration and enforcement – Fire chief authority.
8.03.060 Liability limitations.
8.03.070 Amendment – Additions.
8.03.100 Hearing examiner to function as appeals board.
8.03.010 Title.
This chapter shall be known as the International Fire Code of the city of Oak Harbor. (Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).
8.03.020 Applicability of the International Fire Code.
The most recent edition of the International Fire Code as adopted by the Washington State Building Code Council pursuant to Chapter 19.27 RCW and as amended herein shall be in effect in the city of Oak Harbor. A copy shall be filed in the office of the city clerk and is available for public inspection. The copy of codes on file may be placed by the city clerk in the custody of the office of the building official in order to make them more readily available for inspection and use by the general public. (Ord. 1771 § 1, 2016; Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).
8.03.030 Administration and enforcement – Rules and regulations.
The city council may upon notice and hearing promulgate such rules and regulations as may be necessary to the effective and efficient administration of the code. (Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).
8.03.040 Administration and enforcement – Fire chief authority.
(1) The International Fire Code shall be administered and enforced by the bureau of fire prevention in the fire department of the city of Oak Harbor which is established and which shall be operated under the supervision of the chief of the fire department.
(2) The chief of the Oak Harbor fire department shall assign the duties of the fire marshal to one or more career civil service members of the Oak Harbor fire department.
(3) The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the mayor the employment of technical inspectors, who, when such authorization is made, shall be selected through examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department and appointment made after examination shall be for an indefinite term with removal only for cause. (Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).
8.03.050 Notices.
It is unlawful for any person to remove, mutilate, destroy or conceal any lawful notice issued or posted by the fire chief or his designee pursuant to the provisions of this code. (Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).
8.03.060 Liability limitations.
Nothing contained in this chapter or in the International Fire Code or in OHMC Title 8 is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of a building to conform to the provisions of the International Fire Code. (Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).
8.03.070 Amendment – Additions.
The following sections and appendix chapters of the International Fire Code as adopted in OHMC 8.03.020 are amended to read as follows:
(1) Appendix Chapters B, C, D, E, F, H, and J of the International Fire Code are hereby adopted.
(2) Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Oak Harbor, hereinafter referred to as “this code.”
(3) Section 103.1 is hereby amended to read as follows:
103.1 General. The Department of Fire Prevention, also known as the Oak Harbor Fire Department, is established within the City of Oak Harbor under the direction of the fire chief. The function of the department shall be the implementation, administration and enforcement of the provisions of this code.
(4) Section 105.1.1 is hereby amended to read as follows:
105.1.1 Permits Required. Operational Permits as described in Section 105.1.2(1) as required by this code shall be obtained from the fire code official. Permit fees, if any, shall be as set forth in Section 8.06.010. Fees shall be paid prior to issuance of the permit. Construction Permits as described in Section 105.1.2(2) as required by this code shall be obtained from the fire code official. Permit fees, if any, shall be as set forth in Section 8.06.010, and shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official.
(5) Section 108.1 is hereby amended to read as follows:
108.1 Board of Appeals Established. All references to the term “Board of Appeal(s)” shall be deemed to mean the hearing examiner as per OHMC 18.40.180. Permits under this chapter shall be Type I review process as per OHMC 18.20.230. Appeals of decisions of applicable codes adopted under this chapter shall be to the hearing examiner.
(6) The following definitions shall apply to the International Fire Code and supersede other definitions of the same term therein:
“Chief of the bureau of fire prevention” shall mean the person or persons who are assigned by the Chief of the Oak Harbor Fire Department to perform the duties of the fire marshal under the supervision of the chief of the Oak Harbor Fire Department. The Chief of the Oak Harbor Fire Department may appoint any career civil service member of the Oak Harbor Fire Department to fulfill any or all of the duties of the chief of the bureau of fire prevention, fire marshal, or fire code official.
“Jurisdiction” shall be referred to as the City of Oak Harbor.
“Appeal Board” shall refer to the hearing examiner as provided under OHMC Title 18.
(7) Section 501.4 is hereby amended to read as follows:
501.4 Timing of Installation. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to issuance of any building permit for the project, except grading permits, except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2.
(8) Section 503, Fire apparatus access roads, shall be provided and maintained in accordance with Sections 503.1.1 through 503.6 of the International Fire Code.
(9) Section 503.2.9 is hereby amended to read as follows:
503.2.9 Distance from Structures. Fire apparatus access roadways shall be a minimum of 5 feet away from the exterior wall of structures, or as otherwise required due to construction type.
(10) Section 503.7 is hereby added to read as follows:
503.7 Enforcement. Enforcement of Section 503.4 of the International Fire Code shall be the responsibility of the City Fire Department which shall have the authority to impound or otherwise cause such obstruction to be removed, and said remedies shall be in addition to the criminal penalties provided in the Oak Harbor Municipal Code.
(11) Section 507.5.1 is hereby amended to read as follows:
Section 507.5.1 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 U occupancies, the distance requirement shall be 600 feet (183 m).
2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
(12) Section 903.3.7 is hereby amended to read as follows:
903.3.7 Fire Department Connections. The location of fire department connections shall be approved by the fire code official. A fire department connection shall be located within 50 feet of a fire hydrant.
(13) Section 5601.1.3 is hereby amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.
EXCEPTIONS:
1. The use of fireworks for display as allowed in section 5608.
2. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulation, provided such fireworks comply with CPSC 16 CFR, Parts 1500 and 1507, and DOTn 49 CFR, Parts 100-178, for consumer fireworks.
3. Manufacture of fireworks within the jurisdictional area is prohibited.
4. Except as hereinafter provided, it shall be unlawful for any person to possess, store, or offer for sale, expose for sale, sell at retail, or use or explode any fireworks.
a) The fire code official shall have power to adopt reasonable rules and regulations for the granting of permits for supervised and public displays of fireworks by a jurisdiction, fair associations, amusement parks, and other organization or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the fire code official and every operator shall have first obtained a State License pursuant to RCW 70.77.305. The display shall be of such character and so located, discharged or fired as in the opinion of the fire code official after proper investigation so as not to be hazardous to property or endanger any person.
b) The fire code official shall make a recommendation to the City Council concerning the issuance of permits for the sale of fireworks to persons, corporations, or organizations, after investigation and his/her determination that the location where the fireworks are to be sold is not hazardous to property or endangers any person and that the persons in charge of selling the fireworks are competent and trained to handle such fireworks. No person under the age of 18 shall be employed by the permittee in connection with such sale.
c) The provisions of Oak Harbor Municipal Code Chapter 5.32 shall remain in full force and effect and nothing herein shall be construed as repealing the same.
5. Applications for permits shall be made in writing at least 10 days in advance of the date of the display in a manner prescribed by the fire code official. After such privilege shall be granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
6. Fireworks may be sold, purchased, issued, fired, or discharged in the City, except as provided in Paragraphs (11), (12), (13) and (14) below, as follows:
a) It is legal to sell and purchase consumer fireworks within the City from twelve o’clock noon to eleven o’clock p.m. on the twenty-eighth of June, from nine o’clock a.m. to eleven o’clock p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o’clock a.m. to nine o’clock p.m. on the fifth of July, from twelve o’clock noon to eleven o’clock p.m. on each day from the twenty-seventh of December through the thirty-first of December each year, and as provided in RCW 70.77.311.
b) Consumer fireworks may be used or discharged each day between the hours of twelve o’clock noon and eleven o’clock p.m. on the twenty-eighth of June and between the hours of nine o’clock a.m. and eleven o’clock p.m. on the twenty-ninth of June to the third of July, and on July Fourth between the hours of nine o’clock a.m. and twelve o’clock midnight, and between the hours of nine o’clock a.m. and eleven o’clock p.m. on July fifth, and from six o’clock p.m. on December thirty-first until one o’clock a.m. on January first of the subsequent year, and as provided in RCW 70.77.311.
Nothing in this ordinance shall be construed as modifying, repealing or in any way affecting the ordinance regulating noise or nuisance.
7. Approved “No Smoking” signs shall be posted at conspicuous locations on all four sides of the fireworks stand or structure and such other places as may be designated by the inspecting authority. Each sign shall have the words “NO SMOKING BY ORDER OF THE FIRE MARSHAL” in red letters not less than two inches in height on white background. All signs shall be maintained in a legible condition.
8. Smoking and the discharge of fireworks shall be prohibited within 25 feet of any building or stand in which fireworks are sold at retail or stored after hours.
9. Each retail fireworks location shall have at least two water-type extinguishers of at least two and one-half gallon capacity.
10. There shall be no accumulation of dry grass, paper, cardboard, trash, lumber or other combustibles within 100 feet of any retail fireworks outlet.
11. Temporary structures or stands used for the retail sale of fireworks shall be removed from the premises within one week after the sale of such fireworks ends as regulated by RCW 70.77.311. Any such stand or structure remaining beyond one week may be removed by the regulating authority at the expense of the permittee or owner.
12. Fireworks shall not be sold or given to minor children under the age of sixteen.
13. It shall be unlawful to use, fire, or discharge any fireworks along the route of and during any parade or at any place of public assembly or in any commercial use district.
14. It shall be unlawful at any time to throw or toss any fireworks at any person, animal, vehicle or other thing or object.
(14) Section 5601.2.3 is hereby amended to read as follows:
5601.2.3 Permit Restrictions. The fire code official is authorized to limit the quantity of explosives, explosive materials permitted at a given location. Permit restrictions for fireworks shall be as described in section 5601.2.3. No person, possessing a permit for storage of explosives at any place, shall keep or store an amount greater than authorized in such permit. Only the kind of explosive specified in such permit shall be kept or stored.
(15) Section 6104.2 is hereby amended to read as follows:
6104.2 Maximum Capacity within Established Limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons in all areas within the City of Oak Harbor except as zoned industrial.
EXCEPTION: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions.
(Ord. 1819 § 1, 2018; Ord. 1771 § 2, 2016; Ord. 1661 § 1, 2013; Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).
8.03.080 Penalties.
(1) It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter and/or Chapter 8.05 OHMC as now in effect or hereafter amended or added to, or the technical codes.
(2) Civil Violation. Except as provided in subsection (5) of this section, any violation of any of the provisions of this chapter and/or Chapter 8.05 OHMC as now in effect or hereafter amended or added to, or of the technical codes, constitutes a Class 1 infraction as defined in Chapter 1.28 OHMC.
(3) Criminal Penalty. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who intentionally or knowingly violates any of the provisions of this chapter and/or Chapter 8.05 OHMC as now in effect or as hereafter amended or added to, or the technical codes, shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine of up to $1,000 or a jail sentence of up to 90 days, or both such fine and jail time.
(4) Violations of Orders by the Fire Code Official. Persons operating or maintaining an occupancy, premises or vehicle subject to the International Fire Code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered to do so by the fire code official shall be guilty of a misdemeanor punishable by a fine of up to $1,000 or a jail sentence of up to 90 days, or both such fine and jail time.
(5) Separate Offense. Each day or portion thereof upon which a violation occurs constitutes a separate offense under subsections (1), (2), (3) and (4) of this section.
(6) Destruction of Notice. It shall be unlawful for any person to remove, mutilate, destroy or conceal any notice issued and posted by the fire official pursuant to the provisions of this chapter or the fire code, which violations shall be a Class 1 infraction as defined in Chapter 1.28 OHMC. (Ord. 1717 § 23, 2015; Ord. 1661 § 2, 2013; Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).
8.03.090 Severability.
Should any section, paragraph, sentence or word of this chapter or codes hereby adopted be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter and of the codes hereby adopted independent of the elimination herefrom any such portions as may be declared invalid and accordingly such declaration of invalidity shall not affect the validity of this chapter as a whole nor any part hereof other than the part so declared to be invalid. (Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).
8.03.100 Hearing examiner to function as appeals board.
Permits under this chapter shall be Type I review process as set forth in OHMC 18.20.230. Appeals of decisions of applicable codes adopted under this chapter shall be to the hearing examiner. References to the board of appeals shall be to the hearing examiner as set forth in OHMC 18.40.180. (Ord. 1596 § 1, 2010; Ord. 1515 § 1, 2007).