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HomeMy WebLinkAbout2024-007 Ordinance amending sections of Yakima Municipal Code Title 10 Fire for adoption of the 2021 Washington State Codes ORDINANCE NO. 2024-007 AN ORDINANCE amending certain sections of City of Yakima Municipal Code Chapter 10.05 and Chapter 10.10 Fire Code for adoption of the 2021 Washington State Fire Code. WHEREAS, the International Code Council publishes the International Codes and accompanying standards for adoption by state and local jurisdictions to regulate the safe construction of buildings and building systems; and WHEREAS, the Washington Legislature has delegated the responsibility of amending and adopting the International Codes by reference (referred to herein as the Washington State codes) to the State Building Code Council; and WHEREAS, the State Building Code Council has adopted review procedures and approval criteria for local amendments, exempting from its review the administrative provisions of the codes; and WHEREAS, any jurisdiction may amend the Washington State codes provided that the amendments do not reduce the minimum performance standards of the codes; and WHEREAS, the State Building Code Act requires that each local jurisdiction enforce the Washington State codes within its jurisdiction; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to adopt the Washington State codes as amended by the State Building Code Council and as amended by the City of Yakima; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following sections of Chapter 10.05 Fire Code of the City of Yakima Municipal Code are hereby revised to read as follows: 10.05.010 Adoption of codes. The city of Yakima hereby adopts the 2021 Washington State Fire Code, including Sections 503.1, 503.2 and Appendices B, C, and Sections D105.1, D105.2, D105.3, D106 and D107 of Appendix D therein, as published by the International Code Council, Inc., as adopted and maintained by the State Building Code Council in Chapter 51-54A WAC and as modified by the amendments, additions, deletions, and exceptions provided in this chapter. Any references to the International Fire Code, the fire code, the Washington State Fire Code, or this code shall mean the 2021 Washington State Fire Code as referred to herein. The above-referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the fire code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 10.05.025 Amendments to the Washington State Fire Code. 1 A. Section 103 of the Washington State Fire Code is amended to read as follows: SECTION 103 RESPONSIBILITY FOR ENFORCEMENT 103.1 General. The following officers are designated as fire code officials, as that term is applied throughout this code, with the duties described herein. 103.2 Administration and Enforcement—Code Administration Manager. Subject to the availability of sufficient budgeted funds and/or personnel, the Director of Community Development and the Code Administration Manager shall be responsible for the administration and enforcement of this code. Under his or her direction, the Division of Code Administration shall enforce all ordinances of the jurisdiction pertaining to: 1. The prevention of fires. 2. The storage, use and handling of hazardous materials. 3. The installation and maintenance of automatic, manual, and other private fire alarm systems and fire-extinguishing equipment. 4. The maintenance and regulation of fire escapes. 5. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property including those under construction. 6. The maintenance of exits. 7. Adoption and 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 section herein, this section shall govern insofar as applicable. 103.3 Administration and Enforcement—Fire Chief. The Chief of the Fire Department shall be responsible for the administration and enforcement of all ordinances of the jurisdiction pertaining to: 1. The suppression or extinguishing of dangerous or hazardous fires. 2. The investigation of the cause, origin and circumstances of fires and unauthorized releases of hazardous materials. 3 Annual inspections of existing buildings after which a Certificate of Occupancy has been issued. B. Section 104, "General," of the Washington State Fire Code, is amended to add Section 104.1.1, "Rules and Regulations," to read as follows: 2 104.1.1 Rules and Regulations. The Director of Community Development, or person designated by the Director, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this code. Three certified copies of such rules and regulations shall be filed with the Yakima City Clerk and shall be in effect immediately thereafter and additional copies shall be kept in the Office of Code Administration for distribution to the public. C. Section 104, "General," of the Washington State Fire Code, is hereby amended to add Section 104.1.2, "Authority of Fire Code Officials to Exercise Powers of Police Officers," to read as follows: 104.1.2 Authority of Fire Code Officials to Exercise Powers of Police Officers. The Chief of the Fire Department and Director of Community Development, together with their respective authorized representatives, shall have the powers of a police officer in performing their respective duties under this code. D. Section 104, "General," of the Washington State Fire Code, is hereby amended to add Section 104.1.3, "Authority and Duty of Police Personnel to Assist in Enforcing this Code," to read as follows: 104.1.3 Authority and Duty of Police Personnel to Assist in Enforcing this Code. Whenever requested to do so by the Chief of the Fire Department or the Director of Community Development or one of their authorized representatives, the Chief of Police shall assign such available police officers as in his discretion may be necessary to assist the Fire Department or Office of Code Administration in enforcing the provisions of this Code. E. Section 107.1, "Inspection authority," of the Washington State Fire Code, is hereby amended to read as follows: 107.1 Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code. Subject to the availability of sufficient budgeted funds and/or personnel, the Code Administration Manager or his authorized representatives may inspect, as often as may be practicable, all buildings and premises, including such other hazards or appliances, as the Code Administration Manager or his authorized representatives may designate for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this Code and of any other law or standard affecting fire safety. F. Section 110.1.1, "Unsafe conditions," of the Washington State Fire Code, is hereby amended to read as follows: 110.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, 3 shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapters 4 through 9 of the Uniform Code for the Abatement of Dangerous Buildings or by any other procedures provided by law. G. Section 104.10, "Fire investigations," of the Washington State Fire Code, is hereby amended to read as follows: 104.10 Fire investigations. The Fire Chief, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall be subject to the procedures and provisions of the Public Records Act, Chapter 42.56 RCW. The Fire Department shall investigate promptly the cause, origin and circumstances of each and every fire occurring in the municipality involving loss of life or injury to person or destruction or damage to property, and if it appears to the Chief of the Fire Department or his authorized representatives making the investigation that such fire is of suspicious origin, he shall then take immediate charge of all physical evidence relating to the cause of the fire and shall pursue the investigation to its conclusion. The Chief of the Fire Department or his authorized representatives shall make a report in writing of all facts and findings relative to each investigation. The Police Department shall assist the Fire Department in its investigations whenever requested to do so, unless otherwise directed by the Chief of Police. H. Section 104.3, "Right of entry," of the Washington State Fire Code, is hereby amended to read as follows: 104.3 Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or any rules and regulations adopted hereunder, or whenever the Code Administration Manager or any of his authorized representatives has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this code which makes such building or premises unsafe, the Code Administration Manager or any of his authorized representatives may enter such building or premises at all reasonable times to inspect; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Code Administration Manager or any of his authorized representatives shall have recourse to every remedy provided by law to secure entry. 4 "Authorized representative" shall include the officers named in Section 104.1.2 and 104.1.3 of this code. If the owner or occupant denies entry, the chief or his authorized representative shall obtain a proper inspection warrant or other remedy provided by law to secure entry. No owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the chief or his authorized representative for the purpose of inspection and examination pursuant to this code. I. Section 109.3, "Violation penalties," of the Washington State Fire Code, is hereby amended to read as follows: 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, punishable by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. J. Section 109, "Board of Appeals," of the Washington State Fire Code, is hereby amended to read as follows: Board of appeals. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this Code, the Board of Appeals shall be the hearing examiner as outlined in Yakima Municipal Code section 11.04.113. K. Section 105.2, "Application," of the Washington State Fire Code, is hereby amended to read as follows: 105.2 Application. All applications for a permit required by this Code shall be made to the Office of Code Administration, the applicable fire code official, in such form and detail as prescribed by the Code Administration Manager. Applications for permits shall be accompanied by such plans as required by the Code Administration Manager. Section 2. The following Sections of Chapter 10.10 Fire Code of the City of Yakima Municipal Code are hereby revised to read as follows: 10.10.010 Purpose of chapter. This chapter is enacted to provide minimum requirements for installation of fire hydrants designated or approved by the code administration manager in the exercise of his duties pursuant to Sections 507, Appendix B, Appendix C of the 2021 Edition of the Washington State Fire Code. 10.10.040 Plans and installations to conform to specifications and standards—Adoption of standards by reference. 5 A. Fire hydrants, connecting pipelines, valves and appurtenances, including plans and installation details not specifically regulated by this chapter, shall conform to design standards and specifications promulgated by the owner of the attendant water system, to specifications of the city of Yakima's code administration manager and city engineer and to accepted standards of sound engineering practices. B. Fire hydrants, connecting pipelines, valves and appurtenances further shall conform to the specifications and standards published in the following publications which are adopted and incorporated as fully as if set out in full herein: 1. Guide for Determination of Required Fire Flow, published by the Insurance Service Office of the Municipal Survey Service; 2. Washington State Department of Health Water System Design Manual; 3. The following AWWA Standards, published by the America Water Works Association: Standard C104, Ductile Iron Pipe; Standard C105, Ductile Iron Pipe Encasement; Standard C110, Ductile Iron Pipe Fittings; Standard C111, Ductile Iron Pipe Gaskets; Standard C115, Ductile Iron Pipe Flange; Standard C150, Ductile Iron Pipe Design; Standard C151, Ductile Iron Pipe Design; Standard C502, Hydrants; Standard C509, Valves; Standard C600, Ductile Iron Pipe Installation; Standard C651, Disinfection of Water Mains. 10.10.050 Fire hydrant type and installation requirements. A. All public fire hydrants, which shall include those hydrants situated on a street right-of-way or public utility easement and maintained by the city or a water district, and all private fire hydrants, which shall include those hydrants situated on private property for firefighting purposes, shall be restricted primarily to use for firefighting purposes and shall be maintained accessible for immediate use for such purposes at all times pursuant to IFC Section 507. B. All fire hydrants shall have three total outlets; two outlets that are national thread standard hose outlets of two and one-half inches in diameter, and one five-inch Storz quarter-turn quick- connect outlet. C. All fire hydrants shall stand plumb. 6 D. All fire hydrants shall be set to finished grade with the lowest outlet thereof no less than eighteen inches above grade and with no less than thirty-six inches of unobstructed area for the operation of hydrant wrenches on all outlets and the control valve nut pursuant with IFC 508.5.5. Flush-type hydrants, which hydrants are installed below grade, are prohibited except upon written approval of the code administration and planning manager and the fire chief pursuant to a showing of extreme necessity. E. All fire hydrants shall be installed with the pumper port facing the nearest street, unless the code administration and planning manager designates a different public highway or direction as a more likely route of fire truck approach or location for pumping. F. All fire hydrants shall be adequately protected against vehicular damage in a manner prescribed by IFC Section 508. G. All fire hydrants shall be equipped with an auxiliary resilient seat gate valve installed between the service line and the hydrant to permit repair or replacement of the hydrant without disruption of water service. H. All fire hydrant installations on dead-end mains or temporarily dead-end mains shall include provisions for looping, together with minimum easements of sixteen feet therefor, unless the city engineer and the water/irrigation manager approves for good cause a different installation design. I. All private fire hydrants situated on private property for firefighting purposes which are connected to the city of Yakima's or a water district's water system shall be equipped with a backflow prevention device as required in YMC 7.68.070 and be subject to monthly service charges in accordance with YMC 7.68.275, 7.68.280 and 7.68.282. 10.10.070 Fire hydrant location and number requirements. A. The distance between fire hydrants in single-family zones shall be pursuant to IFC Section 507 and IFC Appendix C. B. The maximum distance between fire hydrants in other than single-family zones shall be pursuant to IFC Section 507 and IFC Appendix C. C. The length of any fire hydrant lead shall not exceed one hundred fifty feet. D. Not more than one fire hydrant shall be installed on a six-inch main between intersecting mains and not more than two fire hydrants shall be installed on an eight-inch line between intersecting mains. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 7 PASSED BY THE CITY COUNCIL, signed and approved this 5th day of March, 2024. i0/ ATTEST: ,iM Patricia Byer , Mayor I Citi.,. SEAL * Rosalinda Ibarra, City Clerk iy{;—*— /ski/NG-cO Publication Date: March 9, 2024 Effective Date: April 8, 2024 8 1 .4. ! a, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 11. For Meeting of: March 5, 2024 ITEM TITLE: Ordinance amending sections of Yakima Municipal Code Title 10 Fire for adoption of the 2021 Washington State Codes SUBMITTED BY: Joan Davenport, Community Development Director Glenn Denman, Code Administration Manager SUMMARY EXPLANATION: Washington State law requires cities and counties to adopt the state adopted editions of the International and Uniform Codes (most are now called the Washington State codes). The 2021 editions have been approved by the state for adoption by local jurisdictions. The City has previously adopted the 2018 editions of those codes (codes run in approximately 3 year cycles). The adoption of the 2021 codes has no connection with the International Property Maintenance Code. The proposed Ordinance adopts the 2021 editions of the applicable codes with some amendments. Fees associated with the issuance of permits under such codes have not been changed in this Ordinance. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Description Upload Date Type D Ordinance-Redline Title 10 changes D Ordinance-Clean Title 10