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04/03/2018 14 Commercial Cooking Under Tents; YMC Addition to Chapter 10.05 Fire CodeBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 14. For Meeting of: April 3, 2018 ITEM TITLE: Ordinance amending the City of Yakima Municipal Code Chapter 10.05 Fire Code to add a new Section 10.05.095 related to commercial cooking under tents SUBMITTED BY: Tony Doan, Fire Code Inspector Glenn Denman, Supervising Code Inspector SUMMARY EXPLANATION: The Fire Code Inspection division is seeking the passage of an ordinance that will allow cooking to take place under tents at venues such as the fairgrounds and farmers market with certain limitations. Chapter 31 of the 2015 International Fire Code regulates such tent uses, but is very broad and vague in its application. The proposed ordinance will give fire inspectors and consumers some flexibility and clarification allowing cooking to take place under the canopies, or tents, that are typically set up at these events for smaller, temporary cooking operations. This matter was presented to the Public Safety Committee at their March 22, 2018 meeting. The Committee recommended unanimously to forward the proposed ordinance for full City Council consideration. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: NA Public Safety STAFF RECOMMENDATION: Pass Ordinance BOARD/COMMITTEE RECOMMENDATION: The Public Safety Committee recommended approval on March 22, 2018. ATTACHM E NT S : Description • Memo_tent.cc)oking O ord redline O ord final Upload Date 3/23/2018 3/28/2018 3/28/2018 Type Cover Memo Cover Memo Co\,er Memo 2 3 MEMORANDUM Date: April 3, 2018 To: City of Yakima Council Members From: Fire Code Inspection Division RE: Proposed Ordinance for Cooking Under Tents The Fire Code Inspection Division is proposing an ordinance that will amend specific sections of the state adopted 2015 International Fire Code (IFC). Chapter 31 of the IFC addresses tents and other membrane structures. We are looking specifically at cooking operations under tents and canopies. The proposed ordinance would allow cooking under tents and canopies at events that are specific to our city, such as the Farmers Market and the Central Washington State Fair. It would give fire inspectors a standard that can be enforced consistently at these kinds of events. Currently, the fire code is somewhat vague on the subject of cooking under tents. One section states that some cooking and heating equipment is allowed, while other sections say that open flames are not allowed. This lack of clarity requires a level of subjective interpretation. City of Yakima Fire Inspectors are tasked with applying and enforcing this code on events that differ greatly. One event might have a few hundred people with 1 or 2 cooking tents while another would host an event where thousands of people would walk through and there are 20 different vendors utilizing different cooking operations in tents of all sizes. Our research has found that many jurisdictions use the local ordinance process to tailor the code to fit the kinds of events specific to their areas. This proposed ordinance would provide a single code that applies to Yakima's events regardless of size or number of food vendors. The items in this ordinance have been composed with fire and life safety as the focus, while offering a level of practicality. This allows the fire inspectors to consistently provide a safe environment for the citizens of Yakima while providing clear, easy to understand criteria for the food vendors and event coordinators. AN ORDINANCE 4 ORDINANCE NO. 2018 - amending the City of Yakima Municipal Code Chapter 10.05 Fire Code to add a new Section 10.05.095 related to commercial cooking under tents WHEREAS, the City of Yakima has seen an increase in festivals, street fairs, and other events where vendors may provide food and beverages to the public; and WHEREAS, many of the vendors use temporary tents as part of their activities to provide shade for volunteers and workers, and to also create a space for vending their food and beverages; and WHEREAS, the Fire Code does not allow for any flame, fire or heat, or any flammable or combustible devices to operate inside or within 20 feet of any tent or membrane structures open to the public unless approved by the fire code official; and WHEREAS, staff from the fire department and the building code official evaluated when, and under what conditions, it may be appropriate to allow cooking under tents or canopies within the City of Yakima; and WHEREAS, after evaluation, it was determined that some cooking under tents or canopies could be allowed as long as the vendors or persons cooking meet specific requirements; and WHEREAS, the City Council finds that it is in the best interests of the residents of the City of Yakima and the City to allow cooking under tents or canopies with specific requirements; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 10.05 of the City of Yakima Municipal Code is hereby amended to add Section 10.05.095: 10.05.095 Establishment of limits in which cooking under tents is allowed. (1) A tent, for the purposes of this Section, shall be defined as a structure, enclosure, canopy or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects, and which meets the flame propagation performance treatment set forth in Section 3104.2 of the International Fire Code (test method 1 or 2 of NFPA 701), CPAI 84, or California Fire Marshal Seal. (2) All tents with dimensions larger than 10' x 10' must conform to labeling and certification which shall be done in accordance with Sections 3104.3 and 3104.4 of the International Fire Code. (3) Cooking under tents shall conform with each of the following requirements: (a) Tents with cooking devices are not allowed to be open to the public; (b) Cooking devices are not allowed to obstruct the exit access, exit or exit discharge; (c) Cooking devices located under tents with sidewalls shall have cooking devices located a minimum of three feet from tent walls; (d) Cooking surfaces shall have a minimum vertical clearance of forty-two inches to tent structure when the tent dimensions do not exceed 10' x 10', and a minimum vertical clearance of 48" when the tent dimension exceeds 10' x 10'; 5 (e) All tents with cooking devices shall be separated from other tents and structures by a minimum of 5 feet; (f) A minimum rated 2A-10BC fire extinguisher shall be located within each tent; (g) If grease laden vapors are produced, a six liter class K extinguisher shall be located within the tent; (h) All fire extinguishers shall have an up-to-date annual inspection tag provided by certified personnel; and (i) All compressed gas cylinders shall be restrained to prevent dislodging. Section 2. Severability. If any section, subsection, paragraph, sentence or clause of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the ordinance. Section 3. 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. PASSED BY THE CITY COUNCIL, signed and approved this 3rd day of April, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: AN ORDINANCE 6 ORDINANCE NO. 2018 - amending the City of Yakima Municipal Code Chapter 10.05 Fire Code to add a new Section 10.05.095 related to commercial cooking under tents WHEREAS, the City of Yakima has seen an increase in festivals, street fairs, and other events where vendors may provide food and beverages to the public; and WHEREAS, many of the vendors use temporary tents as part of their activities to provide shade for volunteers and workers, and to also create a space for vending their food and beverages; and WHEREAS, the Fire Code does not allow for any flame, fire or heat, or any flammable or combustible devices to operate inside or within 20 feet of any tent or membrane structures open to the public unless approved by the fire code official; and WHEREAS, staff from the fire department and the building code official evaluated when, and under what conditions, it may be appropriate to allow cooking under tents or canopies within the City of Yakima; and WHEREAS, after evaluation, it was determined that some cooking under tents or canopies could be allowed as long as the vendors or persons cooking meet specific requirements; and WHEREAS, the City Council finds that it is in the best interests of the residents of the City of Yakima and the City to allow cooking under tents or canopies with specific requirements; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 10.05 of the City of Yakima Municipal Code is hereby amended to add Section 10.05.095: 10.05.095 Establishment of limits in which cooking under tents is allowed. (1) A tent, for the purposes of this Section, shall be defined as a structure, enclosure, canopy or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects, and which meets the flame propagation performance treatment set forth in Section 3104.2 of the International Fire Code (test method 1 or 2 of NFPA 701), CPAI 84, or California Fire Marshal Seal. (2) All tents with dimensions larger than 10' x 10' must conform to labeling and certification which shall be done in accordance with Sections 3104.3 and 3104.4 of the International Fire Code. (3) Cooking under tents shall conform with each of the following requirements: (a) Tents with cooking devices are not allowed to be open to the public; (b) Cooking devices are not allowed to obstruct the exit access, exit or exit discharge; (c) Cooking devices located under tents with sidewalls shall have cooking devices located a minimum of three feet from tent walls; (d) Cooking surfaces shall have a minimum vertical clearance of forty-two inches to tent structure when the tent dimensions do not exceed 10' x 10', and a minimum vertical clearance of 48" when the tent dimension exceeds 10' x 10'; 7 (e) All tents with cooking devices shall be separated from other tents and structures by a minimum of 5 feet; (f) A minimum rated 2A-10BC fire extinguisher shall be located within each tent; (g) If grease laden vapors are produced, a six liter class K extinguisher shall be located within the tent; (h) All fire extinguishers shall have an up-to-date annual inspection tag provided by certified personnel; and (i) All compressed gas cylinders shall be restrained to prevent dislodging. Section 2. Severability. If any section, subsection, paragraph, sentence or clause of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of the ordinance. Section 3. 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. PASSED BY THE CITY COUNCIL, signed and approved this 3rd day of April, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: