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02/07/2012 04I Uniform Fire Code Enforcement and Inspections; YMC Amendment Section 10.05.025(A) . ,,Ao. 4.;;;,, if.z..i.,_,r,..,_..„,1,,o ouvv:, i _,,„,..,„,...... VAtIfir. F BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. • For Meeting of February 7, 2012 '''r: „ i. +;4i c ru..i : ,w ,,,., m.:, t °. . a .. .a. ..: .7.v..4r +.. sx . ITEM TITLE: Ordinance relating to the Fire Code, amending Section 10 05.025 (A) and (E) regarding responsibility for enforcement of the Uniform Fire Code pursuant to annual inspections SUBMITTED BY: Joan Davenport, Acting CED Director CONTACT Joe Caruso, Code Administration Manager PERSON /TELEPHONE: 509 - 575 - 6257 SUMMARY EXPLANATION: Due to budget reductions, starting February 1, 2012 and the layoff of a fire inspector, the City of Yakima will discontinue enforcing and conducting annual fire inspections. This budget action necessitates a change in the Yakima Municipal Code amending Section 10 05 025 (A) and (E) of the Uniform Fire Code. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR C Manager SUBMITTAL: J do �. STAFF RECOMMENDATION: Pass Ordinance BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ An Ordinance, relating to the Fire Code; amending section 10.05.025 (A) and (E) regarding responsibility for enforcement of the Ubiform Fire Code pursuant to annual inspections ❑ An Ordinance, relating to the Fire Code; amending section 10.05.025 (A) and (E) regarding responsibility for enforcement of the Ubiform Fire Code pursuant to annual inspections ORDINANCE NO. 2012 - AN ORDINANCE relating to Fire Code; amending section 10.05.025(A) and (E) regarding responsibility for enforcement of the Uniform Fire Code and inspections undertaken pursuant to the Uniform Fire Code, respectively. WHEREAS, the City Council has previously adopted ordinances adopting and amending provisions of the Uniform Fire Code, all as codified at Chapter 10.05 YMC; and WHEREAS, the City Council finds and determines that such subsections (A) and (E) of section 10.05.025 should be amended to clarify existing procedures and implement new procedures regarding responsibility for enforcement of the Uniform Fire Code and inspections undertaken pursuant to the Uniform Fire Code; and WHEREAS, the City Council finds and determines that such amendment is in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare, now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 10.05.025(A) of the Yakima Municipal Code is hereby amended to read as follows, with changes shown in legislative format: A. Section 2.101, "Responsibility For Enforcement," of the Uniform Fire Code, 1991 Edition, is amended to read as follows: Sec. 2.101 Responsibility for Enforcement. (a) Subject to the availability of sufficient budgeted funds and /or personnel, the Director of Community and Economic Development shall be responsible for the administration and enforcement of this code. Under his 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. (b) 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. Section 2. Section 10.05.025(E) of the Yakima Municipal Code is hereby amended to read as follows, with changes shown in legislative format: E. Section 2.201, "Inspections and Unsafe Buildings," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 2.201. Inspections and Unsafe Buildings. (a) Subject to the availability of sufficient budgeted funds and /or personnel, the Code Administration Manager or his authorized representatives than 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. (b) 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. Section 3. Except as amended in sections 1 and 2 above, the provisions of Chapter 10.05 YMC shall remain unchanged. 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. PASSED BY THE CITY COUNCIL, signed and approved this 7th' day of February, 2012. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: YAKIMA MUNICIPAL CODE Chapter 10.05 FIRE CODE Sections. 10.05.010 Adoption of codes. 10.05.015 Fire code plan review and inspection fees. 10.05.020 Deletions from the Uniform Fire Code. 10.05.025 Amendments to the Uniform Fire Code. 10.05.030 Permits, certificates, fees. 10.05.050 Regulation of alarm gongs and chimes. 10.05.060 Care of standpipes and hose. 10.05.070 Establishment of limits in which storage of explosives and blasting agents is to be prohibited. 10.05.075 Operation of tank vehicles. 10.05.080 Establishment of limits in which storage of flammable liquids in outside aboveground tanks is to be prohibited. 10.05.090 Establishment of limits in which bulk plant storage of liquefied petroleum gases is to be restricted. 10.05.110 Storage in unfinished spaces. 10.05.120 Wooden box, tote bin and pallet storage. 10.05.130 Duties of persons in control of public buildings. 10.05.140 Injuring or tampering with fire alarm apparatus or equipment— Sounding false alarm of fire. 10.05.145 Removal of debris after fire. 10.05.150 OPTICOM — Defined— Regulated. 10.05.010 Adoption of codes. The Uniform Fire Code with appendices except Appendices 1 -A and 1 -B therein, 1991 Edition, published by the International Conference of Building Officials and the Western Fire Chiefs Association consisting of Uniform Fire Code and a separate supplement volume thereto entitled "Uniform Fire Code Standards," of which one or more copies of each are filed in the office of the code administration manager of the city of Yakima, and are adopted and incorporated as fully as if set out in full herein, as the fire prevention code of the city, except as hereinafter amended, and the provisions and regulations thereof are hereby adopted as the provisions and regulations of the city, and the several sections of numbers therein shall constitute, and may be referred to as, the numbers of this chapter. (Ord. 3394 § 1, 1991: Ord. 3147 § 1, 1988. Ord. 2898 § 1, 1985 Ord. 2669 § 1, 1983: Ord. 2462 § 1, 1980: Ord. 2171 § 1, 1978: Ord. 1764 § 1, 1975. Ord. 1109 § 1, 1969 Ord. 1027 § 1, 1968). 1 10.05.015 Fire code plan review and inspection fees. A. General. Fees as set forth in Table 10.05.015A shall be paid to the city for review of building plans for compliance with Chapter 10.05 YMC and for inspection of construction for compliance with Chapter 10.05 YMC. No inspection fee shall be charged for annual inspection of existing buildings after a certificate of occupancy has been issued. B. Fees Required for Plan Review. For construction projects for which the fire code requires submittal documents, the hourly plan review fee indicated in Table 10.05.015A shall be charged for the time to perform the plan review. The plan review fees required by this section are separate from the inspection fees required by this section, and are in addition to any inspection fees. When submittal documents are incomplete or are changed so as to require additional plan review, additional plan review fees shall be charged at the rate shown in Table 10.05.015A. C. Fees Required for Inspection. For construction projects for which the fire code requires inspection, the hourly inspection fee indicated in Table 10.05.015A shall be charged for the time to perform the inspection. The inspection fees required by this section are separate from the plan review fees required by this section, and are in addition to any plan review fees. D. Fees Required for Re- Inspections. A fee shall be charged for re- inspection for each inspection that must be made. (1) because work for which inspection is called by the permittee is not complete and ready for inspection; (2) when the inspection record card is not posted or otherwise available on the work site; (3) when the approved plans are not readily available to the inspector; (4) for failure to provide access on the date for which inspection is requested; or (5) when corrections required by an inspector are not satisfactorily made when the permittee calls for a follow -up inspection for corrections. No re- inspection fee shall be incurred for verification of corrections when such corrections are satisfactorily made. To obtain a re- inspection, the permittee must pay the re- inspection fee stated in Table 10.05 015A in advance. Table 10.05.015A Plan Review and Inspection Fees 1. Plan review for compliance with Chapter 10.05 YMC and for changes, additions or $47.00 per hr. revisions to approved plans (minimum charge —one hour) 2. Normal inspection (minimum charge —one hour) $47.00 per hr. 3. Re- inspection (minimum charge —one hour) $47.00 per hr. 4. Inspections for which no other fee is specifically indicated (minimum charge —one hour) $47 00 per hr. E. Severability. If any part of this section is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this section. (Ord. 2002 -16 § 1, 2002). 2 10.05.020 Deletions from the Uniform Fire Code. Sections 2.103 and 2.104 and Article 78, "Fireworks," and Appendices 1 -A and 1 -B are hereby deleted in their entirety from the Uniform Fire Code, 1991 Edition. (Ord. 3394 § 2, 1991. Ord. 3147 § 2, 1988* Ord. 2898 § 2, 1985. Ord. 2669 § 2; 1983: Ord. 2462 § 2, 1980: Ord. 2354 § 4, 1979: Ord. 2171 § 2, 1978: Ord. 1764 § 2, 1975. Ord. 1109 § 2, 1969: Ord. 1027 § 2, 1968). 10.05.025 Amendments to the Uniform Fire Code. A. Section 2.101, "Responsibility For Enforcement," of the Uniform Fire Code, 1991 Edition, is amended to read as follows: Sec. 2.101 Responsibility for Enforcement. (a) Subject to the availability of sufficient budgeted funds and /or personnel, the Director of Community and Economic Development shall be responsible for the administration and enforcement of this code. Under his 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. (b) 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 B. Section 2.102, "Rules and Regulations," of the Uniform Fire Code, 1991 Edition, is amended to read as follows: Sec. 2.102 Rules and Regulations. The Director of Community and Economic 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 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 2.105, "Authority of Fire Personnel to Exercise Powers of Police Officers," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 2.105 Authority of Chief of Fire Department and Director of Community and Economic Development to Exercise Powers of Police Officers. The Chief of the Fire Department and Director of Community and Economic 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 2.106 "Authority and Duty of Police Personnel to Assist in Enforcing this Code," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows. Sec. 2.106. 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 and Economic 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 2.201, "Inspections and Unsafe Buildings," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 2.201 Inspections and Unsafe Buildings. (a) 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 In lieu of inspection by the Code Administration Manager or his authorized representatives, the Code Administration Manager may accept a report prepared and certified by a qualified inspector, architect or licensed engineer, approved by the Code Administration Manager, for such purposes. 4 (b) 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. F. Section 2.203 "Investigations," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 2.203. Investigations. (a) 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 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. (b) The Police Department shall assist the Fire Department in its investigations whenever requested to do so, unless otherwise directed by the Chief of Police. G. Section 2.107, "Right of Entry," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: • Sec. 2.107. 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. 5 "Authorized representative" shall include the officers named in Section 2.105 and 2.106 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. H. Section 2.205, "Orders, Notices and Tags," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 2.204 Orders, Notices and Tags. (a) Whenever the Code Administration Manager shall find in any building or on any premises combustible, hazardous or explosive materials, or dangerous accumulations of rubbish, or unnecessary accumulations of waste paper, boxes, shavings, or any highly flammable property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the Fire Department, or the egress of the occupants of such building or premises, or shall find that the effectiveness of any exit door, attic separation, or any fire separation wall is reduced, or shall find that this Code is being violated, he shall issue such orders as may be necessary for the enforcement of the fire prevention laws and ordinances governing the same and for the safeguarding of life and property from fire. (b) Whenever the Code Administration Manager deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally approved standard in or upon any building, structure or premises not specifically mentioned in the Code, to be defective or unsafe so as to create an immediate hazard, he shall serve upon the owner or the person having control of the property a written notice to repair or alter as necessary and shall notify any other authority enforcing codes regulating such equipment. He may affix a condemnation tag prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag may be removed only by the order of the Code Administration Manager or his duly authorized representative and may be removed only when the hazard to which the order pertains has been eliminated in an approved manner Until removed, that item or device which has caused the hazard shall not be used or be permitted to be used. (c) The Code Administration Manager may order the operation or use stopped, or the evacuation, of any premises, building or vehicle or portion thereof which has or is a fire hazard. (d) Every order or notice shall set forth a time limit for compliance dependent upon the hazard and danger created by the violation. 6 I. Section 3.101 "Unlawful Continuance of Fire Hazard," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows. Sec. 3.101 Unlawful Continuance of Fire Hazard. Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on premises under his control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the Code Administration Manager or his duly authorized representative shall be guilty of a misdemeanor. J. Section 2.204. "Records and Reports," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 2.204 Records and Reports. (a) The Fire Department shall keep a record of all fires occurring within its jurisdiction and of all facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with such other information as may be required by the Chief. (b) The Chief of the Fire Department shall retain for not less than three years a record of each investigation made showing the cause, the findings and disposition of each such investigation. The Code Administration Manager shall retain for not less than three years a record of each inspection made showing the findings and disposition of each such inspection. K. Section 2.301. "Alternative Materials and Methods," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows. Sec. 2.301 Alternative Materials and Methods. (a) Practical Difficulties. The Code Administration Manager may modify any of the provisions of this Code upon application in writing by the owner or lessee, or his duly authorized representative, where there are practical difficulties in the way of carrying out the strict letter of the Code provided that the spirit of the Code shall be complied with, public safety secured and substantial justice done. The particulars of such modification shall be granted or allowed and the decision of the Code Administration Manager shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (b) Alternate Materials. The Code Administration Manager may approve any alternate material or method, provided he finds that the proposed design, use or operation satisfactorily complies with the intent of this Code and that the material, method of work performed or operation is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety. (c) Proof of Compliance. The Code Administration Manager may require tests as proof of compliance with the intent of this Code, such tests to be made by an approved agency at the expense of the person requesting approval of the alternate material or method of construction. 7 L. Section 2.303, "Board of Appeals," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 2.303. Board of Appeals. In order to determine the suitability of altemate materials and type of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and hereby is created a Board of Appeals, consisting of five members who are qualified by experience and training to pass upon pertinent matters. The Code Administration Manager shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals shall be appointed by the Yakima City Council and shall hold office at their pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Code Administration Manager with a duplicate copy to the appellant and may recommend to the Yakima City Council such new legislation as is consistent therewith.' M. Section 4.103 "Application for Permit," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 4 103. Application for Permit. All applications for a permit required by this Code shall be made to the Office of Code Administration 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. N. Section 4.104, "Inspection Required," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 4 104. Inspection Required. Before a permit may be issued, the Code Administration Manager or his authorized representative shall inspect and approve the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used. O. Section 4.105 "Retention of Permits," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows. Sec. 4.105. Retention of Permits. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by an officer of the Police Department or the Code Administration Manager or his authorized representative. P. Section 4.107 "Revocation of Permits," of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 4.107. Revocation of Permits. Any perrnit or certificate issued under this Code may be suspended or revoked when it is determined after a hearing by the Code Administration Manager that: 8 (a) It is used by a person other than the person to whom the permit or certificate was issued. (b) It is used for a location other than that for which it was issued. (c) Any of the conditions or limitations set forth in the permit or certificate have been violated. (d) The permittee fails, refuses or neglects to comply with any order or notice duly served upon him under the provisions of this Code within the time provided therein. (e) There has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or application was based. Q. Section 9.104 of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 9.104 Sec. 9.104, BALCONY, EXTERIOR EXIT, is a landing or porch projecting from the wall of a building and which serves as an exit. The long side shall be at least 50 percent open, and the open area above the guardrail shall be so distributed as to prevent the accumulation of smoke or toxic gases. BANDING is a method of packaging consisting of stretch wrapping around not more than four sides of a pallet load. BARRICADE is a structure that consists of a combination of walls, floor and roof that is designed to withstand the rapid release of energy in an explosion. Barricades may be fully confined, partially vented or fully vented. BARREL shall mean a volume of 42 U.S. gallons. BASEMENT is any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined in the Building Code. BASE PRODUCT is the contents of an aerosol container excluding the propellant. A base product is considered flammable if its closed -cup flash point is below 500 °F. BATF is the Bureau of Alcohol, Tobacco and Firearms. BELOWGROUND CONTAINER is a storage container in which the maximum liquid level is below the surrounding grade or below a backfill berm, which is at least 10 feet wide at the top, and then slopes away from the container at a natural angle of repose or is retained 10 feet from the container by a retaining'wall, and constructed of earth, concrete, solid masonry, or suitable material designed to prevent the escape of liquid. 9 BINARY EXPLOSIVE is an explosive material composed of separate component, each of which is safe for storage and transportation and would not in itself be considered as an explosive. BLASTING AGENT is any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, in which none of the ingredients are classified as explosives, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined. Materials or mixtures classified as nitrocarbonitrates by the Department of Transportation regulations shall be included in this definition. BLASTING CAP is a shell closed at one end and containing a charge of detonating compound which is ignited by a safety fuse. It is used for detonating explosives. BLEACHERS are seating facilities without backrests in which an area of 3 square feet or less is assigned per person for computing the occupant Toad. BOILING POINT is the boiling point of a liquid at a pressure of 14 7 pounds per square inch absolute (psia). Where an accurate boiling point is unavailable for the material in question, or for mixtures which do not have a constant boiling point, for purposes of this classification, the 10 percent point of 'a distillation performed in accordance with nationally recognized standards may be used as the boiling point of liquid. See Section 2.304 (b), ASTM D86 -72. BOILOVER is the expulsion of crude oil (or certain other liquids) from a burning tank in which the light fractions of the crude oil burn off producing a heat wave in the residue, which on reaching a water strata may result in the expulsion of a portion of the contents of the tank in the form of a froth. BONFIRE is the open burning of cut trees, vegetation or lumber. BREAK (aerial shell) is an individual effect from an arterial shell, generally either color or noise. Aerial shells can be single break, having only one effect, or multiple break, having two or more effects. BTU is a British Thermal Unit, the heat necessary to raise the temperature of one pound of water by 1 °F. BUILDING is any structure used or intended for supporting or sheltering any use or occupancy. BUILDING CODE. The Uniform Building Code as adopted by the City of Yakima. BUILDING OFFICIAL is the officer or other designated authority of the jurisdiction charged with the administration and enforcement of the Building Code or a duly authorized representative. 10 BULK OXYGEN SYSTEM is an assembly of equipment, such as oxygen storage containers, pressure regulators, safety devices, vaporizers, manifolds, and interconnection piping, which has a storage capacity at normal temperature and pressure of: 1 More than 12,000 cubic feet of oxygen connected in service or ready for service, or 2. More than 25,000 cubic feet of oxygen, including unconnected reserve on hand at the site. The bulk oxygen system terminates at the point where oxygen at service pressure first enters the supply line. The oxygen may be stored as a liquid or gas in either stationary or portable containers. BULK PLANT OR TERMINAL is that portion of a property where refined flammable or combustible liquids are received by tank vessel, pipeline, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank or container. BULLET RESISTANT is a material and construction method capable of preventing penetration of a 180 grain, 30 caliber, soft nose, hunting type bullet, when propelled at a maximum velocity of 2700 feet per second. BUREAU OF FIRE PREVENTION is the Code Administration Manager of the City of Yakima or his authorized representative when the term herein defined is used in a context which relates to duties assigned to the Code Administration Manager by Section 2.101 (a) of this Code. Otherwise, Bureau of Fire Prevention shall mean the chief officer of the Fire Department of the City of Yakima or his authorized representative when the term herein defined is used in a context which relates to duties assigned to the Chief of the Fire Department by Section 2.101 (b) of this Code. R. Section 9.105 of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 9.105. CARCINOGEN is any substance that causes the development of cancerous growths in living tissue. A chemical is considered to be a carcinogen if: (a) It has been evaluated by the International Agency for Research on Cancer (IARC) and found to be a carcinogen or potential carcinogen, or (b) It is listed as carcinogen or potential carcinogen in the latest edition of the Annual Report on Carcinogens published by the National Toxicology Program (NTP), or (c) It is regulated by OSHA as a carcinogen. 11 CARGO TANK is any container having a liquid capacity in excess of 110 gallons used for the carrying of flammable or combustible liquids, LP -Gas, or hazardous chemicals, and mounted permanently or otherwise upon a tank vehicle. The term "cargo tank" does not apply to any containers used solely for the purpose of supplying fuel or propulsion to the vehicle upon which it is mounted. CARNIVAL is a mobile enterprise principally devoted to offering amusement or entertainment to the public, in, upon or by means of portable amusement rides or devices or temporary structures in any number or combination, whether or not associated with other structures or forms of public attraction. CEILING LIMIT is the maximum concentration of an airbome contaminant to which one may be exposed. The ceiling limits utilized are to be those published in C.F.R. 1910 1000. CELLULOSE NITRATE PLASTICS (PYROXYLIN) is any plastic substance, material or compound, other than cellulose nitrate film, covered by Article 33 or guncotton or other explosive covered by Article 77, having cellulose nitrate as a base, or whatever name known, when in the form of blocks, slabs, sheets, tubes or fabricated shapes. For requirements, see Article 27. CENTRAL SUPPLY is that portion of the system which normally supplies the piping systems. CGA is the Compressed Gas Association. C.F.R. is the Code of Federal Regulations of the United States Government. CHEMICAL is any element, chemical compound or mixture of elements or compounds or both. CHEMICAL NAME is the scientific designation of a chemical in accordance with the nomenclature system development by the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service rules of nomenclature or a name which will clearly identify the chemical for the purpose of conducting an evaluation. CHEMICAL PLANT is a plant or that portion of a plant other than a refinery or distillery where flammable or combustible liquids are produced by chemical reactions or used in chemical reactions. CODE ADMINISTRATION MANAGER is the Code Administration Manager of the City of Yakima or his authorized representative. CHIEF or CHIEF OF THE FIRE DEPARTMENT is the Code Administration Manager of the City of Yakima or his authorized representative when either term herein defined is used in a context which relates to duties assigned to the Code Administration Manager by Section 2.101 (a) of this Code. Otherwise, Chief or Chief of the Fire Department is the Chief of the Fire Department of the City of Yakima or his authorized representative when either term herein defined is used in a 12 context which relates to duties assigned to the Chief of the Fire Department by Section 2.101 (b) of this Code. CHIEF OF THE BUREAU OF FIRE PREVENTION is the Code Administration Manager of the City of Yakima or his authorized representative when the term herein defined is used in a context which relates to duties assigned to the Code Administration Manager by Section 2.101 (a) of this Code. Otherwise, Chief of the Bureau of Fire Prevention shall mean the chief officer of the Fire Department of the City of Yakima or his authorized representative when the term herein defined is used in a context which relates to duties assigned to the Chief of the Fire Department by Section 2.101 (b) of this Code. CHIEF ENGINEER is the Code Administration Manager of the City of Yakima or his authorized representative when the term herein defined is used in a context which relates to duties assigned to the Code Administration Manager by Section 2.101 (a) of this Code. Otherwise, Chief Engineer shall mean the chief officer of the Fire Department of the City of Yakima or his authorized representative when the term herein defined is used in a context which relates to duties assigned to the Chief of the Fire Department by Section 2.101 (b) of this Code. CHIEF OF POLICE or POLICE DEPARTMENT shall mean the chief law enforcement officer of the jurisdiction or his authorized representative. CLASSIFIED PRODUCT is a product that has been evaluated with respect to (a) the properties of the product, (b) a limited spectrum of hazards to life or property, (c) suitability of the product for certain uses and (d) other conditions by a nationally recognized testing laboratory or approved organizations. CLOSED CONTAINER is a container so sealed by means of a lid or other device that liquid, vapor or dusts will not escape from it under ordinary conditions of use or handling. COMBUSTIBLE FIBERS are readily ignitable and free - buming fibers, such as cotton, sisal, henequen, ixtle, jute, hemp, tow, cocoa fiber, oakum, baled waste, baled wastepaper, kapok, hay, straw, excelsior, Spanish moss, and other like materials. COMBUSTIBLE FIBER STORAGE BIN is a metal or metal -lined container with a capacity not exceeding 100 cubic feet and equipped with a self - closing cover. COMBUSTIBLE FIBERS STORAGE ROOMS are rooms with a capacity not exceeding 500 cubic feet separated from the remainder of the building by a one -hour occupancy separation constructed as specified in the Building Code. COMBUSTIBLE FIBER STORAGE VAULT, PROTECTED, is a room with a capacity exceeding 1,000 cubic feet separated from a remainder of a building by not less than a two -hour occupancy 13 separation constructed in accordance with the Building Code and provided with an approved automatic sprinkler system. COMBUSTIBLE FIBER STORAGE VAULT, UNPROTECTED, is a room with a capacity not exceeding 1,000 cubic feet separated from the remainder of the building by a two -hour occupancy separation constructed in accordance with the Building Code and provided with an approved automatic sprinkler system. COMBUSTIBLE LIQUID is a liquid having a flash point at or above 100 °F Combustible liquids shall be subdivided as follows. Class II liquids shall include those having flash points at or above 100 °F and below 140 °F. Class III -A liquids shall include those having flash points at or above 140 °F and below 200 °F Class III -B liquids shall include those liquids having flash points at or above 200 °F COMBUSTIBLE WASTE MATTER shall mean magazines, books, trimmings from lawns, trees, flower gardens, pasteboard boxes, rags, paper, straw, sawdust, packing material, shavings, boxes and all rubbish and refuse that will ignite through contact with flames of ordinary temperatures. COMMODITY is the combination of product, packing material and container. COMPRESSED GAS is: (a) a gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70 °F , or (b) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130 °F regardless of the pressure at 70 °F , or (c) A liquid having a vapor pressure exceeding 40 psi at 100 °F as determined in U.F C. Standard No. 9 -5. CONDENSATE TANK is a tank which is installed in the vapor- returning piping of a vapor - recovery system to collect condensed gasoline and is capable of being emptied of liquids without opening. CONGREGATE RESIDENCE is any building or portion thereof which contains facilities for living, sleeping and sanitation, as required by the Building Code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jail, hospitals, nursing homes, hotels or lodging houses. CONTAINER. See Article 79. 14 CONTINUOUS GAS - DETECTION SYSTEM is a gas- detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption. Analysis may be performed on a cyclical basis at intervals not to exceed 30 minutes. CONTROL AREA is a space within a building where the exempt amounts may be stored, dispensed, used or handled. CONVERSION OIL BURNER is a burner for field installation in heating appliances such as boilers and furnaces. It may be furnished with or without a primary safety control. Under special circumstances it may be installed for firing ovens, water heaters, ranges, special fumaces and the like. A burner of this type may be pressure atomizing gun type, a horizontal or vertical rotary type or a mechanical or natural draft vaporizing type. CONVERSION RANGE OIL BURNER is an oil burner designed to bum kerosene, range oil or similar fuel. This burner is intended primarily for installation only in a stove or range, a portion or all of which originally was designed for the utilization of solid fuel and which is flue - connected. CORROSIVE is a chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the site of contact. A chemical is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described in the U.S. Department of Transportation in Appendix A to CFR 49 Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours. This term shall not refer to action on inanimate surfaces. CORROSIVE LIQUIDS are those liquids which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action. Examples include acid, alkaline or caustic materials. COVERED MALL BUILDING is a single building enclosing a number of tenants and occupancies such as retail stores, drinking and dining establishments, entertainment and amusement facilities, offices, and other similar uses wherein two or more tenants have a main entrance into one or more malls. CRUDE PETROLEUM is hydrocarbon mixtures that have a flash point below 150 °F. and which have not been processed in a refinery. CRYOGENIC FLUIDS are those fluids that have a normal boiling point below - 150 °F. CRYOGENIC IN- GROUND CONTAINER is a container in which the maximum liquid level is below the normal surrounding grade and is constructed essentially of natural materials, such as earth and rock and dependent upon the freezing of water - saturated earth materials for its tightness or impervious nature. 15 CRYOGENIC VESSEL is any pressure vessel, low- pressure tank, or atmospheric tank on which venting, insulation, refrigeration, or a combination of these, are used in order to maintain the operating pressure within the design pressure, and the contents in a liquid phase. CUT -OFF STORAGE is indoor storage which is separated from other building areas by not less than a two -hour fire- resistive occupancy separation. CYLINDER is a pressure vessel designed for pressures higher than 40 pounds per square inch, absolute and having a circular cross section. It does not include a portable tank, multi -unit tank, cargo tank or tank car S. Section 9.108, of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 9.108. FABRICATION AREA (Fab Area) is an area within a Group H, Division 6 Occupancy in which there are processes involving hazardous production of materials and may include ancillary rooms or areas such as dressing rooms and offices that are directly related to the fab area processes. FACILITY (as applied to access and water supply) is a handling or use in a fixed location including exterior storage areas for flammable and combustible substances and hazardous materials, piers, wharfs, tank farms and similar uses. FAIR is an enterprise principally devoted to the exhibition of products of agriculture or industry in connection with the operation of amusement rides or devices, or concession booths. FALSE ALARM is the deliberate reporting of an alarm for which no such fire or emergency actually exists. FIRE is the combustion of material other than deliberate combustion for cooking, heating, recreation, incineration or purposes incidental to normal operation of a property FIRE APPARATUS is a vehicle such as a fire pumper, aerial ladder truck, elevated platform, rescue squad or similar fire- fighting or rescue equipment. FIRE APPLIANCE is apparatus or equipment provided or installed for use in the event of an emergency FIRE ASSEMBLY is the assembly of a fire door, fire window, or fire damper, including all required hardware, anchorage, frames, and sills. FIRE BARRIER is a line or barricade designed to keep unauthorized persons out of the area of a fire. 16 FIRE CHIEF is the Code Administration Manager of the City of Yakima or his authorized representative when the term herein defined is used in a context which relates to duties assigned to the Code Administration Manager by Section 2.101 (a) of this Code. Otherwise, Fire Chief shall mean the chief officer of the Fire Department of the City of Yakima or his authorized representative when the term herein defined is used in a context which relates to duties assigned to the Chief of the Fire Department by Section 2.101 (b) of this Code. FIRE DEPARTMENT is any regularly organized fire department, fire protection district or fire company regularly charged with the responsibility of providing fire protection to the jurisdiction. FIRE DEPARTMENT INLET CONNECTION is a connection through which the fire department can pump water. FIRE DOOR is a fire- resistive door approved for openings in fire separations. FIRE HAZARD is any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. FIRE NUISANCE is anything or any act which is annoying, unpleasant, offensive or obnoxious because of fire. FIRE POINT is the lowest temperature of a liquid in an open container at which vapors are evolved fast enough to support continuous combustion as determined by U F.C. Standard No. 9- 6. FIRE - RESISTIVE OR FIRE RESISTIVE CONSTRUCTION is construction to resist the spread of fire, details of which may be specified in the Building Code of the jurisdiction. FIRE - RESISTIVE RATING is the time that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the standard methods of fire tests of buildings, construction and materials in the U B C. Standards. FIRE SEPARATION is construction of rated fire resistance or the maintenance of clear area to resist the spread of fire. FIREWORKS is any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include bank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, sky- rockets, Roman candles, Daygo bombs, sparklers, or other devices of like construction and any 17 devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term "fireworks" shall not include any auto flares, paper caps_containing not an excess of an average of twenty -five hundredths of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times. FIREWORKS, CLASS C, COMMON, are small firework devices designed primarily to produce visible or audible effects by combustion and which comply with the construction, chemical composition and DOT labeling requirements for Class C, common fireworks. FIREWORKS, SPECIAL, are large fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation. Special fireworks include, but are not limited to, firecrackers, containing more than 2 grains (130 milligrams) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as common fireworks. Special fireworks are classified as Class B explosives by DOT. FISSILE MATERIAL is a radioisotope which may undergo a nuclear fission reaction and is usually found at reactor sites or as part of a nuclear weapon. FIXED GROUND PIECE is a ground display piece having no movable parts, such as a revolving wheel. FLAME ARRESTER is a device approved for installation in piping which carries a flammable vapor /air mixture to prevent a flashback beyond the point of installation and installed in a location specifically approved by the listing agency FLAME - RESISTANT MATERIAL is material that has been modified in its chemical composition by impregnation, coating or has inherent composition that makes the material resistant to ignition and combustion when exposed to a small ignition source. FLAME RETARDANT is any approved chemical, chemical compound or mixture which when applied in an approved manner to any fabric or other material will render such fabric or material incapable of supporting combustion. FLAMMABLE ANESTHETIC is a compressed gas which is flammable and administered as an anesthetic and shall include among others, cyclopropane, divinyl ether, ethyl chloride, ethyl ether and ethylene. FLAMMABLE CRYOGENIC FLUIDS are those cryogenic fluids which are flammable in their vapor state. 18 FLAMMABLE GAS is a gas which is flammable in mixture of 13 percent or Tess (by volume) with air, or the flammable range with air is wider than 12 percent, regardless of this lower limit. FLAMMABLE LIQUIFIED GAS is a liquified compressed gas which, under the charged pressure is partially liquid at a temperature of 70 °F. and which is flammable. FLAMMABLE LIQUID is any liquid having a flash point below 100 °F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 °F. Class I liquids shall include those having flash points below 100 °F and may be subdivided as follows. Class I -A shall include those having flash points below 73 °F and having a boiling point below 100°F. Class I - shall include those having flash points below 73 °F and having a boiling point at or above 100 °F. Class I - shall include'those having flash points at or above 73 °F. FLAMMABLE MATERIAL is (1) any material that will readily ignite from common sources of heat; (2) any material that will ignite at a temperature of 600 °F. or less. FLAMMABLE SOLID is a solid substance, other than one which is defined in this article as blasting agent or explosive, that is liable to cause fire through friction or as a result of retained heat from manufacturer, or which has an ignition temperature below 212 °F , or which bums so vigorously or persistently when ignited so as to create a serious hazard. Finely divided solid materials which when dispersed in air as a cloud may be ignited and cause an explosion are flammable solids. FLASH POINT is the minimum temperature at which liquid gives off vapors in sufficient concentrations to form an ignitable mixture with air near the surface of the liquid within the vessel as specified by appropriate test procedure and apparatus as follows: The flash point of a liquid having a viscosity less than 5.82 centistokes (cSt) at 100 °F. and a flash point below 200 °F shall be determined in accordance with U.F.C. Standard No. 9 -1. The flash point of a liquid having a viscosity of 5 82 centistokes (cSt) or more at 100 °F or a flash point of 200 °F. or higher shall be determined in accordance with U F.0 Standard No 9 -2. As an altemate, U F.C. Standard 9 -3 may be used for testing aviation turbine fuels within the scope of this procedure. As an alternate, U.F.C. Standard No. 9-4 may be used for paints, enamels, lacquers, varnishes and related products and their components having flash points between 32 °F. and 230 °F. and having a viscosity lower than 150 stokes at 77 °F. 19 FLEXIBLE CORD is a multi- conductor flexible sheathed cable which is used for extension cords, as the connection means for appliances, and for permanent use by connecting pieces of equipment or devices to each other or to the premises wiring system where flexibility or portability is required. FLOOR AREA is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. FLUIDIZED BED is a container holding powder coating material which is aerated from below, so as to form an air - supported expanded cloud of such material through which the preheated object to be coated is immersed and transported. FOLDING AND TELESCOPING SEATING is a structure that is used for tiered seating of persons and whose overall shape and size may be reduced, without being dismantled, for purposes of moving or storing. FOOTBOARDS are that part of a raised seating facility other than an aisle or cross aisle upon which the occupant of the stands walks to reach a seat or upon which he may rest his feet. FUEL BREAK is a strip or block of land on which the vegetation has been permanently modified so that fires burning into it will not propagate across it. FUEL OIL is kerosene or any hydrocarbon oil conforming to nationally recognized standards and having a flash point not less than 100 °F. FUMIGANT is any substance which by itself or in combination with any other substance emits or liberates a gas, fume or vapor used for the destruction or control of insects, fungi, vermin, germs, rodents or other pests and shall be distinguished from insecticides and disinfectants. FUMIGATION is the process of using fumigant. T. Section 9.121 of the Uniform Fire Code, 1991 Edition, is hereby amended to read as follows: Sec. 9.121. SAFE DISPERSAL AREA. See Dispersal Area, Safe. SAFETY CAN is an approved container of not over 5- gallon capacity having a spring - closing lid and spout cover. SAFETY FACTOR is the ratio of the design burst pressure to the maximum working pressure and shall not be less than four. 20 SECONDARY CONTAINMENT is that level of containment that is external to and separate from primary containment. SHALL is defined to have the following meaning: (a) With respect to the functions and powers of the Director of Community and Economic Development, Code Administration Manager, any agents and employees of the City of Yakima and any board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith; (b) With respect to the obligations upon owners and occupants of premises and their agents, a mandatory requirement to act in compliance with this code at the risk of civil and criminal liability upon failure to so act. SECURE is safe from intrusion or contained separately to prevent mixing with other materials. SEGREGATED is storage in the same area but physically separated from other materials by adequate space, wells or partitions and in accordance with the manufacturer's recommendations. SEGREGATED STORAGE is storage in the same room or inside area, but physically separated by distance from other incompatible materials. SEMICONDUCTOR FABRICATION FACILITIES. See definition for occupancy classification Group H, Division 6. SENSITIZER is a chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical. SERVICE CORRIDOR. See Article 51. SHELF STORAGE is storage on structures less than 30 inches deep. SMALL ARMS AMMUNITION is shotgun, rifle, pistol or revolver cartridges. SMOKE DETECTOR is an approved listed device which senses visible or invisible particles of combustion. SMOKING is the carrying or use of a lighted pipe, cigar, cigarette or tobacco in any form. SMOKING MATERIAL is a material or combination of materials intended for use by generating products of combustion. Smoking materials include cigars, cigarettes, materials used in pipes, and smoke bombs. 21 SOLID SHELVING is shelving that is solid, slatted or of other construction located in racks and which obstructs sprinkler discharge down into the racks. SOLVENT, METAL PARTS CLEANING, is a classified product which is basically refined petroleum distillates for use which equipment intended to clean parts. SPECIAL INDUSTRIAL EXPLOSIVE DEVICE is any explosive power -pack containing an explosive charge in the form of a cartridge or construction device. The term includes but is not limited to explosive rivets, explosive bolts, explosive charges for driving pins or studs, cartridges for explosive- actuated power tools and charges of explosives used in jet tapping of open hearth furnaces and jet perforation of oil well casings. SPECIAL INDUSTRIAL HIGH EXPLOSIVE MATERIALS are sheets, extrusions, pellets and packages of high explosives containing dynamite, trinitrotoluol, penaerythritoltetranitrate, cyclotrimethylenetrinitramine or other similar compounds used for high - energy -rate forming, expanding and shaping in metal fabrication and for dismemberment and quick reduction of scrap metal. SPRAY BOOTH is a power ventilated structure of varying dimensions and construction provided to enclose or accommodate a spraying operation and confine and limit the escape of spray vapor and residue and to exhaust it safely SPRAYING AREA is any area in which dangerous quantities of flammable vapors or combustible residues, dusts or deposits are present due to the spraying processes. The Code Administration Manager may define the limits of the spraying area in any specific case. SPRAYING ROOMS are rooms designed to accommodate spraying operations and shall comply with the Building Code requirements for a Group H, Division 2 Occupancy SQUIBB- ELECTRIC is a device similar in appearance to an electric blasting cap which, upon activation by an electric current, produces a deflagration instead of a detonation. STANDPIPE SYSTEM is a wet or dry system of piping, valves, outlets and related equipment designed to provide water at specified pressures and installed exclusively for the fighting of fires, including the following: Class I is a standpipe system equipped with 2 -1/2 -inch outlets. Class II is a standpipe system directly connected to a water supply and equipped with 1 -1/2 -inch • outlets and hose. Class 111 is a standpipe system directly connected to a water supply and equipped with 2 -1/2 -inch outlets or 2- 1.21 -inch and 1 -1/2 -inch outlets when a 1 -1/2 -inch hose is required. Hose 22 connections for Class III systems may be made through 2 -1/2 -inch hose valves with easily removable 2 -1/2 -inch by 1 -1/2 -inch reducers. STATIONARY TANK is packaging designed primarily for stationary installations not intended for loading, unloading or attachment to a transport vehicle as part of its normal operation in the process of use. It does not include cylinders having less than 1,000 -pound water capacity. STORAGE FACILITY is a building, portion of a building or exterior areas used for the storage of hazardous materials in excess of exempt amounts specified in Division III. STREET is any thoroughfare or public way not less than 16 feet in width which has been dedicated or deeded to the public use. STRUCTURE is that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. SWING JOINT is one of the following: (a) Extractor -type foot valve housing with either a street elbow or a nipple and an elbow. (b) An elbow and street elbow. (c) Two elbows and nipple not over 6 inches long. Due to structural weakness "close" nipples are not allowed SWITCHBOARD, ELECTRICAL, is a large floor - mounted single panel, frame or assembly of panels on which are mounted, on the face or back or both, switches, overcurrent and other protective devices, buses and usually instruments. Most modern switchboards, even though totally enclosed, are generally accessible from the rear as well as from the front, and are not intended to be installed in cabinets. See "panelboard, electrical." SYSTEM is an assembly of any equipment consisting of containers, or appurtenances, pumps, compressors and connecting pumping. (Ord. 3394 § 3, 1991. Ord. 3147 § 3, 1988' Ord. 2898 § 3, 1985' Ord. 2669 § 3, 1983' Ord. 2606 § 1, 1982; Ord. 2462 § 3, 1980' Ord. 2354 § 5, 1979: Ord. 2171 § 3, 1978 Ord. 1764 § 3, 1975). 10.05.030 Permits, certificates, fees. The director of community development, chief of code administration or his authorized representative is authorized and empowered to issue permits, certificates of approval and certificates of fitness required by this code. A permit fee of ten dollars shall be charged to each person, firm or corporation engaged in the business of maintaining fire extinguishers or fumigation. 23 It is unlawful for any person to repair or fill any portable or other type extinguisher, or to fumigate commercially, unless such person has obtained from the chief of code administration a certificate of fitness to do so. Each applicant applying for a certificate of fitness to repair or fill portable fire extinguishers or for fumigation shall be at least eighteen years of age; able to speak, read and write the English language understandably; shall be reliable and have good judgment; and shall be familiar with the necessary work and the materials used in repairing and filling portable fire extinguishers. Whenever the chief of code administration shall find that a person holding a certificate of fitness is careless, negligent or unfitted for the work for which it is issued, the chief of code administration is authorized to revoke or suspend the certificate. Any fees required by local or state law in the enforcement of this code shall be paid to the treasurer of the city. Any permit required by this code shall be issued to the recipient on an permanent basis other than those which require renewal on an annual basis. (Ord. 2354 § 6, 1979: Ord. 2182 § 1, 1978: Ord. 1027 § 3, 1968). 10.05.050 Regulation of alarm gongs and chimes. Every building in the city used as a school, hospital, nursing home, rest home, nursery, sanitarium, orphanage, old people's home, children's home, hotel, or apartment house of more than one story with four or more families doing their own cooking and living independently of each other in the building shall have a manually operated fire alarm system capable of being heard distinctly throughout the building. The alarm system shall be operated from alternating current, electrically, and shall be provided with a manually operated switch and gong so that they are accessible within one hundred feet of any given point on any floor level. Every alarm system shall be installed in compliance with the electrical code of the city of Yakima, and the state of Washington. Any automatic alarm system meeting NFPA Standard 72A requirements shall be accepted in lieu of a minimum manually operated fire alarm system. The person in charge of any building where a fire alarm system is required shall test the system at least once every two weeks to ascertain whether or not the system is in working order, and shall immediately correct any defect that might be found. It shall be the duty of any employee in a building to see that the fire alarm system is operated immediately after the discovery of fire in the building. In all buildings where a continuously ringing fire alarm system is required, an electrically operated chime system may be substituted if such chime is approved for the purpose by the chief of code administration. (Ord 2354 § 7, 1979: Ord. 1109 § 3, 1969: Ord. 1027 § 5, 1968). 24 10.05.060 Care of standpipes and hose. The owner or person in charge of any building in the city that is equipped or may hereafter be equipped with wet or dry standpipes with inlet or outlet connections with national standard thread shall cause such connection and fittings to be kept in proper working order, and ready for immediate use in case of fire. Caps with approved lugs shall be installed on all valves and fittings. All hose connected with any dry or wet standpipes shall be kept ready for immediate use. All hoses shall be tested at least once each year, and satisfactory evidence presented to the chief of code administration showing fitness for use. (Ord. 2354 § 8, 1979: Ord. 1027 § 6, 1968). 10.05.070 Establishment of limits in which storage of explosives and blasting agents is to be prohibited. The limits referred to in Section 77.107'of the Uniform Fire Code in which storage of explosives and blasting agents is prohibited are established as follows: within the city limits of Yakima, Washington. (Ord. 93 -65 § 1, 1993: Ord. 1764 § 5, 1975. Ord. 1109 § 4, 1969: Ord. 1027 § 7, 1968). 10.05.075 Operation of tank There is added to Section 79.1'203 of the Uniform Fire Code, 1991 Edition, the following subsections: (n) Routes —Duty of City Engineer— Deviation. 1. Except as hereinafter provided, any tank vehicles for carriage of flammable liquids, whether loaded or unloaded, desiring to use the streets of the City of Yakima shall follow only the gasoline routes as designated on the gasoline route map on file in the office of the City Clerk. Such tank vehicles may deviate from said established gasoline routes only at the street intersection leading directly to the bulk plant or terminal or motor vehicle fuel dispensing station where such bulk plant or terminal or motor vehicle fuel dispensing station are not located on such routes and cannot be reached by traveling thereon. Provided, however that such tank vehicles may deviate from the established gasoline routes where necessary to do so for the purpose of being serviced or repaired at a service or repair garage when any such garage is not located on and cannot be reached by traveling on said routes. Such deviation shall be made only at the street intersection leading directly to any such approved garage. 2. The City Engineer, with the consent and approval of the Code Administration Manager, is hereby directed to erect and maintain at all times proper signs within the City of Yakima directing the routes for tank vehicles for the carriage of flammable liquids. Such routes may be changed from time to time by the City Engineer, with the consent and approval of the Code Administration Manager, and such changes shall be effective when the same are noted upon the gasoline route map on file in the office of the City Clerk and when such routes are properly marked by signs to plainly indicate said changed routes. 3. In the case of any emergency or necessity requiring a deviation from said gasoline routes now provided for herein or for stopping or parking upon said routes in violation of this title, the owner 25 or operator of any such tank vehicle shall immediately notify, and request instructions from, the Code Administration Manager or any authorized assistant, and shall explicitly carry out any such instructions received. (o) Delivery of flammable liquids on certain streets prohibited No tank vehicle shall travel along Yakima Avenue or along the first northerly alley or along the first southerly alley immediately adjacent to and running parallel with the said Yakima Avenue between Naches Avenue and 6th Avenue for the purpose of making gasoline deliveries, except only insofar as it shall be necessary for said tank vehicles to proceed on Yakima Avenue or on said alleys from the nearest intersecting street thereto. (Ord. 93 -65 § 2, 1993: Ord. 2354 § 9, 1979: Ord. 1764 § 6, 1975* Ord. 1077 § 1, 1968). 10.05.080 Establishment of limits in which storage of flammable liquids in outside aboveground tanks is to be prohibited. The limits referred to in Subsection 79 501 of the Uniform Fire Code in which bulk plant storage of flammable liquids in outside aboveground tanks is prohibited are established as follows. first fire zone and third fire zone. (Ord. 93 -65 § 3, 1993. Ord. 1764 § 7, 1975. Ord. 1109 § 5, 1969' Ord. 1027 § 8, 1968). 10.05.090 Establishment of limits in which bulk plant storage of liquefied petroleum gases is to be restricted. The limits referred to in Subsection 82.104(b) of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are established as follows: first fire zone and third fire zone. (Ord. 93 -65 § 4, 1993. Ord. 1764 § 8, 1975. Ord. 1109 § 5, 1969 Ord. 1027 § 9, 1968). 10.05.110 Storage in unfinished spaces. It is unlawful to place, store, or keep or permit to be placed, stored or kept, in any unfinished attic or other place directly under a roof or any unfinished basement or unfinished area under a building except a residence, any furniture, baggage or other combustible or flammable material. The term "unfinished" as used in this section shall apply to any space or area directly under a roof of any building or under the lowest story of a building, which, if used for storage of combustible materials, would be required by the building code to have all walls and ceilings complete as required for any intermediate area or space within the building. (Ord. 1027 § 11, 1968): 10.05.120 Wooden box, tote bin and pallet storage. (1) All empty wood boxes, tote bins and pallets, when piled north, northwest or northeast or west of a frame building or frame platform, shall be not less than fifty feet therefrom and such piles shall not exceed twenty feet in width, fifty feet in length, twelve feet to the eaves, and eighteen feet to the gable thereof. (2) All empty wood boxes, tote bins and pallets, when piled to the south, southwest, southeast or east of a frame building or frame platform, shall be less than thirty feet therefrom and such 26 piles shall not exceed twenty -five feet in width, fifty feet in length, fourteen feet to the eaves, and twenty feet to the gable thereof. (3) All empty wood boxes, tote bins and pallets, when piled to the north, northwest or northeast or west of a brick, tile, stone or concrete building, shall be not less than thirty feet therefrom and such piles shall not exceed twenty -five feet in width, sixty feet in length, sixteen feet to the eaves, and twenty feet to the gable thereof. (4) All empty wood boxes, tote bins and pallets, when piled to the south, southwest, southeast or east of a brick, tile, stone or concrete building, shall be not less than twenty feet therefrom and such piles shall not exceed thirty feet in width, sixty feet in length, sixteen feet to the eaves and twenty -four feet to the gable thereof. (5) All empty tote bins or pallets may be piled flat on the top of the pile without a gable. The pile shall not exceed thirty -five feet in width, sixty feet in length, and twenty -five feet in height. (6) The length, height and width of any specific box, tote bin or pallet pile may be increased upon written approval of the chief of code administration. (7) All piles of empty wood boxes, tote bins, and pallets shall be so arranged that alleys of not less than twelve feet shall surround each pile and the ground around the piles shall be kept free of weeds to a distance of at least six feet from the piles. (Ord. 2354 § 11, 1979; Ord. 1109 § 7, 1969: Ord. 1027 § 12, 1968). 10.05.130 Duties of persons in control of public buildings. The owner, manager or person having control or management of a place of public assembly shall notify the chief of code administration of the intent to use the occupancy except that a continuing program of meeting at same shall not require any further notice. (Ord. 2354 § 12, 1979: Ord. 1027 § 13, 1968). 10.05.140 Injuring or tampering with fire alarm apparatus or equipment— Sounding false alarm of fire. Any person who willfully and without cause tampers with, molests, injures or breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire or signal, or any firefighting equipment, or who willfully and without having reasonable grounds for believing a fire exists, sends, gives, transmits, or sounds any false alarm of fire, by shouting in a public place or by means of any public or private fire alarm system or signal, or by telephone, is guilty of a misdemeanor. This provision shall not prohibit the testing of fire alarm systems by persons authorized to do so, by a fire department or state fire marshal official. (Ord. 1109 § 8, 1969: Ord. 1027 § 14, 1968). 10.05.145 Removal of debris after fire. A. Any person having under his control or in his possession upon any premises in the city any substances or debris which have been rendered useless or unmerchantable by reason of any fire on the 27 premises must remove the same within forty -eight hours after notice to do so has been given by the chief of code administration to such person. B. Whenever any building or other structure in the city is partially burned, the owner thereof, or the person in charge or control thereof, shall, within ten days after notice from the chief of code administration, remove all refuse, debris, and partially burned lumber from the premises; and if the building or structure is burned to such an extent that it cannot be repaired, as provided by this code or the building code, the owner of the property upon which it is located, or the occupant thereof shall, within ten days after notice from the chief of code administration, remove all the remaining portion of the building or structure from the premises. (Ord. 2354 § 13, 1979: Ord. 1109 § 9, 1969). 10.05.150 OPTICOM Defined— Regulated. A. Definitions. (1) OPTICOM means a Tight- actuated city of Yakima traffic signal preemption system used to provide safe access for authorized emergency vehicles to and from emergency scenes. (2) Authorized emergency vehicle has the same meaning as set forth in Section 9.10.020 of this code. B. Penalty It is unlawful for any person to actuate, use, or in any way interfere with OPTICOM, provided, that all city of Yakima officials and employees when operating authorized emergency vehicles or who are testing or maintaining OPTICOM equipment may actuate or use OPTICOM; and provided further, that any person duly licensed under this section or his agent may actuate or use OPTICOM when operating an authorized emergency vehicle licensed in this chapter. C. Licensing. The city manager may direct the city clerk to issue a nontransferable OPTICOM license for any single authorized emergency vehicle for an annual fee of ten dollars to the owner of any authorized emergency vehicle permitting such person or his agent to actuate and use OPTICOM. Such license shall expire one year from the date of issuance. Any person applying for such license shall make application on a form provided by the city clerk prepared by the fire chief of the city of Yakima, which form shall provide sufficient information to insure safe operation of OPTICOM. Upon issuing a license the licensee shall give the city manager an acceptable prepaid policy of liability insurance Iisting.the city of Yakima and its officials and employees as insured in an amount determined by the city manager to adequately cover foreseeable risks generated through licensee's use of OPTICOM. An applicant owner shall also sign an indemnification hold harmless agreement in which he agrees to indemnify, defend and hold harmless the city of Yakima, its officials and employees from any and all liability resulting from a licensee or his agent's actuation and use of OPTICOM. 28 No license shall be granted under this chapter unless the owner applicant's OPTICOM actuation device is acceptable to the fire chief of the city of Yakima or his designee. Any license issued under this chapter may be revoked by the city manager at any time for cause, provided, that before revocation the city manager shall give a licensee written notice of revocation, stating the causes therefor and the date after which said revocation shall take effect if no appeal is taken. The city manager or his designee shall hear all appeals. (Ord. 2198 § 1, 1978). 29