Title 9
FIRE*

Chapters:

9.04 International Fire Code

9.06 Fire Lanes

9.10 Superseded

9.12 Fireworks

9.14 Smoking in Public Places

9.16 Hydrants

*For provisions regarding storage of inflammables, see LMC Title 10; for fire department, see Chapter 2.34 LMC; for obstructing fire fighting, see LMC Title 10 and Chapter 9.40 RCW.

Chapter 9.04
INTERNATIONAL FIRE CODE

Sections:

9.04.005 Title, authority, and applicability.

9.04.007 Lynnwood fire department standards.

9.04.010 Adoption of International Fire Code.

9.04.012 Section 105.5 IFC amended – Revocation of permits.

9.04.013 Section 105 IFC – Fees.

9.04.014 Section 2403.5 IFC amended – Tents, canopies and temporary membrane structures.

9.04.015 Civil penalty for operating without a required permit.

9.04.020 Definitions.

9.04.030 Establishment and duties of bureau of fire prevention.

9.04.040 Storage of flammable or combustible liquids in outside above-ground tanks – Where prohibited.

9.04.050 Bulk storage of liquefied petroleum gases – Where restricted.

9.04.060 Storage of explosives – Where prohibited.

9.04.070 Appeals.

9.04.080 New materials, processes or occupancies requiring permits.

9.04.090 Building construction – New, alterations, and remodeling.

9.04.095 Repealed.

9.04.100 Section 901.4.1 IFC amended – Sprinkler riser rooms.

9.04.110 Subsection 2204 IFC amended.

9.04.120 Subsection 109.3 IFC amended – Violation and penalty.

9.04.130 Severability.

9.04.005 Title, authority, and applicability.

The Lynnwood fire code is comprised of the state and locally adopted model code (IFC) and locally adopted regulations. While it is the intent of the city of Lynnwood to be consistent with regional, state and national good practice, the city of Lynnwood is responsible for the evaluation of risk and benefit regarding the public health, safety and welfare. As such, the city has exercised and continues to reserve its right to institute local rules and regulations governing the development and use of businesses, operations, occupancies, and structures. (Ord. 2683 § 10, 2007)

9.04.007 Lynnwood fire department standards.

It is the intent of the Lynnwood fire department to enforce the provisions of adopted codes in a manner that is consistent, fair, without undue burden, efficient, and beneficial to the short- and long-term health, safety and economic well-being of the citizens, businesses, employees and visitors of our community. In meeting this intent and in accordance with the authority and jurisdiction granted in the International Fire Code Chapter 1, the Lynnwood fire department standards have been created. They are formulated as individual standards on specific topics as deemed necessary. Requirements found in the International Code, state law, community development guides, or other references are not generally repeated herein. (Ord. 2683 § 10, 2007)

9.04.010 Adoption of International Fire Code.

As amended by the provisions of this chapter, the 2006 Edition of the International Fire Code published by the International Code Council, including Appendices B and C, as amended by Chapter 51-54 WAC, one copy of which shall be on file in the office of the Lynnwood finance director, is adopted by this reference. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2213 § 1, 1998; Ord. 2040 § 1, 1995; Ord. 1901 § 1, 1992; Ord. 1532 § 1, 1986; Ord. 1382 § 2, 1983)

9.04.012 Section 105.5 IFC amended – Revocation of permits.

Section 105.5, entitled “Revocation of Permits,” of the edition of the International Fire Code (IFC) adopted by this chapter, is amended by adding a subsection thereto, to read as follows:

There has been a false statement or misrepresentation as to a material fact in the application or plans on which the permit or application was based; or any fee for such permit has not been paid.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 2, 1995; Ord. 1901 § 2, 1992)

9.04.013 Section 105 IFC – Fees.

All fees authorized under Section 105 IFC shall be set forth in a fee ordinance adopted, and from time to time amended, by the city council. Fees required for fire permits can be found in Chapter 3.104 LMC. (Ord. 2699 § 18, 2007; Ord. 2683 § 10, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2506 § 1, 2004; Ord. 213 § 2, 1998; Ord. 2040 § 3, 1995; Ord. 1901 § 3, 1992)

9.04.014 Section 2403.5 IFC amended – Tents, canopies and temporary membrane structures.

Section 2403.5 IFC is deleted and replaced with text to read as follows:

Section 2403.5 IFC Use Period. The use of any non-exempt tent, canopy, or temporary membrane structure shall not exceed a use period of 180 days within a 12-month period on a single premises; provided, however, that in the case of a tent, canopy, or temporary membrane structure used in conjunction with any temporary activity, such use shall not exceed the time and frequency of use provisions of Chapter 5.30 LMC or the time period of any permit issued in connection with such activities, whichever shall occur first.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 4, 1995; Ord. 1901 § 4, 1992)

9.04.015 Civil penalty for operating without a required permit.

Whenever the fire marshal determines that a person, firm, corporation or company is operating without permit(s) as required by this code, he may, in addition to, or as an alternative to, any other enforcement remedies the city may have, impose a civil penalty in an amount equal to two times the amount of the required permit fee, plus $100.00 per day for each day that operations continue without the required permit(s). Written notice of intent to impose such penalty shall be served pursuant to the notice provisions of Chapters 1.40 and 2.22 LMC. Such civil penalty notice may be appealed by filing with the fire marshal, within five working days of service of said notice, a written request for a hearing before the city’s hearing examiner, per Chapter 16.50 LMC. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1901 § 5, 1992)

9.04.020 Definitions.

Section 201.1 IFC is amended by adding the following subsections:

A. Whenever the word “jurisdiction” or “city” is used, it shall mean the city of Lynnwood.

B. Wherever the term “corporation counsel” is used, it shall mean the attorney for the city of Lynnwood.

C. Whenever the term “code” is used, it shall mean the provisions of Chapter 9.04 LMC, as now existing or hereafter amended, and the edition of the International Fire Code as adopted by Chapter 9.04 LMC.

D. Whenever the term “International Building Code” or “Building Code” is used, it shall mean the edition of the International Building Code as adopted by the city of Lynnwood.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 5, 1995; Ord. 1901 § 6, 1992; Ord. 1532 § 4, 1986; Ord. 1382 § 5, 1983)

9.04.030 Establishment and duties of bureau of fire prevention.

Subsections 103.1, 103.2 and 103.3 IFC adopted by this chapter are amended to read as follows:

IFC 103.1 The code shall be enforced by the bureau of fire prevention in the fire department of the city, which is established, and which shall be operated, under the supervision of the chief of the fire department.

IFC 103.2 The chief (or fire marshal) in charge of the bureau of fire prevention shall be appointed by the mayor of the city on the basis of examination to determine his qualifications.

IFC 103.3 The chief of the fire department may assign members of the fire department’s fire suppression staff to fire prevention activity, as necessary. The chief of the fire department shall recommend to the mayor the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department and appointments made after examination shall be for an indefinite term with removal only for cause.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 6, 1995; Ord. 1901 § 7, 1992; Ord. 1532 § 3, 1986; Ord. 1382 § 4, 1983)

9.04.040 Storage of flammable or combustible liquids in outside above-ground tanks – Where prohibited.

A. Subsection 3404.2.9.5.1 IFC regarding restricted locations of above-ground outdoor tanks for storage of Class I and Class II liquids is amended to read as follows:

Subsection 3404.2.9.5.1 IFC Restricted Locations. Storage of flammable or combustible liquids (Class I and Class II liquids) in outside above-ground tanks is prohibited in all areas of the city except those zoned for industrial use; provided, that, above-ground flammable or combustible liquid tanks may be installed on property zoned general commercial, when approved by the city of Lynnwood fire chief and the Community Development director, subject to the provisions of LMC Title 21, as now existing or hereafter amended, the requirements of the International Fire Code, as adopted by this chapter, and the following requirements:

1. Tank size shall be limited to 500 gallons.

2. Tanks shall be listed for above-ground use.

3. Tanks shall be located in accordance with LMC 21.46.200 and 21.46.210, as now existing or hereafter amended; provided, that in no case shall tanks be located less than 20 feet from the property line.

4. Tanks shall be a minimum of 20 feet away from any building.

5. Spacing between tanks shall comply with the provisions of the International Fire Code as adopted by this chapter.

6. Tanks shall be installed only when plans for such installation have been approved and all necessary permits have been issued by the city of Lynnwood. In the event of any conflict between the provisions of subsection (A) of this section and the provisions of LMC Title 21, or the provisions of the edition of the International Fire Code as adopted by this chapter, the most restrictive requirements shall control.

B. Section 3406.4 IFC regarding storage of Class I, II and III-A liquids in bulk plants, is amended by adding thereto a new paragraph to read as follows:

Storage of Class I, Class II and Class III-A liquids in bulk plants is prohibited in all areas except those zoned for industrial use.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 7, 1995; Ord. 1901 § 8, 1992; Ord. 1532 § 5, 1986; Ord. 1382 § 6, 1983)

9.04.050 Bulk storage of liquefied petroleum gases – Where restricted.

Subsection 3801.1 IFC regarding general requirements for the location of containers storing liquefied petroleum gases is amended by adding thereto the following paragraph:

Bulk storage of liquefied petroleum gases is prohibited in all areas of the city except those zoned for industrial use and those zoned for commercial use, when approved by the city fire chief and Community Development director pursuant to the requirements of LMC 9.04.040.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 8, 1995; Ord. 1901 § 9, 1992; Ord. 1382 § 6, 1983)

9.04.060 Storage of explosives – Where prohibited.

Subsection 3304.1 IFC, regarding general requirements for storage of explosives and blasting agents, is deleted and replaced with the following paragraph:

Subsection 3304.1 IFC. The storage of explosives and blasting agents is prohibited within city limits, except for temporary storage for use in connection with approved blasting operations; provided, however, that this prohibition shall not apply to wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive actuated power tools in quantities involving less than 500 pounds of explosive material.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 9, 1995; Ord. 1901 § 10, 1992; Ord. 1532 § 7, 1986; Ord. 1382 § 7, 1983)

9.04.070 Appeals.

Section 108 of the IFC adopted by this chapter is deleted in its entirety and replaced with a new Section 108 to read as follows:

Whenever the chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply, or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the chief to the hearing examiner in accordance with Chapter 16.50 LMC.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 10, 1995; Ord. 1532 § 8, 1986; Ord. 1382 § 8, 1983)

9.04.080 New materials, processes or occupancies requiring permits.

The mayor, the fire chief and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the code. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 11, 1995; Ord. 1532 § 9, 1986; Ord. 1382 § 9, 1983)

9.04.090 Building construction – New, alterations, and remodeling.

Chapter 9 IFC adopted by this chapter is amended by adding text to read as follows:

A. Definitions.

1. Automatic Fire Extinguishing System is an automatic sprinkler, or other approved system that conforms with all applicable requirements of the current edition of the NFPA Pamphlet as amended by the International Building Code and the International Fire Code regarding such systems, one copy of which shall be on file with the Lynnwood finance director, and which is hereby adopted by this reference; and is connected to an alarm receiving facility as approved by the fire chief. The system shall be capable of providing a minimum flow of 1,000 GPM at 20 PSI at the base of the riser if the building is 6,000 square feet or larger. Other systems shall provide the designed flow. Rooms housing electrical equipment may be provided with other means of extinguishment if approved by the fire chief.

2. Automatic Fire Alarm System is an early warning system consisting of fixed temperature, or rate-of-rise, detectors installed by a contractor licensed by the State of Washington. These systems shall be supervised by an approved alarm receiving facility and shall consist of two basic systems as follows:

a. UL Certificated Fire Alarm Systems. Certificated systems are those that meet the requirements of Underwriters Laboratory’s Listing Process.

b. Non-Rated System. Non-rated systems may be installed, maintained and supervised only if approved by the fire chief and/or his designated representative and in compliance with written guidelines prepared by the fire department, one copy of which shall be kept on file in the office of the Lynnwood finance director.

3. Firewall is a four-hour wall constructed in accordance with the International Building Code for the purpose of subdividing buildings to restrict the spread of fire.

4. Noncombustible, as applied to this Code, means a material no part of which, in the form it is used, will ignite when subjected to fire. Any material which liberates flammable gas when heated to any temperature up to 1,380° Fahrenheit for five minutes shall not be considered noncombustible.

5. Nurseries and Horticultural Structures are any structures used exclusively for storing or growing plants and other natural vegetation.

B. Proximity of Buildings to Property Lines and other Buildings. Except for U occupancies and buildings constructed under the International Residential Code, locations of buildings shall meet the following requirements or the most restrictive of IBC Table 601 and 602:

a. For the purpose of determining the required wall and opening protection, buildings on the same property, adjacent property and court walls of buildings shall be separated by 20 feet or shall have 45 minute protected openings. (This section replaces IBC Table 704.8.)

b. Buildings located within 10 feet of the property line or the assumed property line shall have 45 minute protected openings. (This section replaces IBC Table 704.8.)

c. Buildings located within 5 feet of the property line or assumed property line shall have two-hour construction with no openings or the most restrictive of IBC Table 601 or 602.

C. All occupancies except U and buildings constructed under the IRC shall be Type I-A, II-A, III-A, Type IV, Type V-A or V-B and II-B and III-B fully sprinklered buildings.

D. All new buildings except U occupancies and buildings constructed under the International Residential Code shall have one-hour exterior walls, except in Type V-B, II-B and III-B sprinklered buildings.

E. Maximum Square Footage without Sprinklers.

1. All buildings constructed for all larger than 6,000 square feet and Type V-B buildings over 400 square feet shall be sprinkler protected per section 903.3 of the IFC. Where IFC section 903.2 requires sprinkler protection at less than 6,000 square feet, those provisions shall also apply.

Exceptions:

a. U occupancies under 1,000 square feet.

b. Open parking garages of Type I-A & Type I-B construction.

c. Buildings constructed under the IRC which contain square footage on one or more stories.

2. An approved automatic fire alarm system shall be installed in all new buildings that are not protected by an automatic fire extinguishing system, except U occupancies built under the International Building Code that are under 1,000 square feet and buildings constructed under the International Residential Code.

F. Existing Buildings.

1. All existing buildings of Type V-B construction, except U occupancies and buildings constructed under the IRC, which contain square footage on one or more stories in excess of 400 square feet shall be protected by an approved automatic fire detection system; provided, that all existing buildings of Type V-B construction shall be considered to be V-A construction for purposes of determining the maximum allowable square footage for conformance with the provisions of LMC 9.04.090(E)(1) above. However, existing Type V-B single-family dwelling units, if used for commercial purposes, shall not exceed 1,500 square feet on one or more floors and shall have exterior walls and soffits of one-hour construction if located 10 feet or less from an interior or exterior property line and shall comply with LMC 9.04.090(C).

2. Existing buildings housing Group R-1 and R-2 occupancies shall be equipped with an approved sprinkler system or an automatic fire detection system.

3. Any existing building over 400 square feet which is vacant for a period of 60 days or longer, or any existing structure which has a change in occupancy classification, shall have an automatic fire detection system installed meeting the requirements of new buildings prior to occupancy.

4. Buildings or structures to which additions, alterations, or repairs exceeding 25 percent of the assessed or appraised building value shall comply with all the requirements for new buildings required in LMC 9.04.090(E) above.

G. Type II-B and V-B and Type V Buildings - New and Existing Construction.

1. For the purpose of avoiding the sprinkler requirements of LMC 9.04.090(E), a four-hour firewall is required to divide a building into two or more separate buildings.

2. When an existing Type V-B building over 400 square feet is enlarged, added to, or expanded, such that the total area will exceed 6,000 square feet, then the following shall be required between the existing and new construction in addition to a four-hour firewall.

a. A firewall shall be constructed of noncombustible material. The wall shall protrude at least three feet beyond the building lateral wall; or

b. Alternately at the firewall there shall be constructed of noncombustible material an exterior wall extending from the foundation to the roof line, said wall to adjoin the firewall a lateral distance of at least 10 feet; such 10 foot distance may be wholly on one side of the firewall or divided up on either side of the firewall such that the total distance is at least 10 feet; and

c. When roof projections exist on the building or its additions, then at the joining of the firewall the projected soffit shall be protected for the required distance and shall be of similar construction as outlined in LMC 9.04.090(G)(2)(b) above.

3. A four-hour firewall for Type II-B, II-A and Type V construction shall be defined as follows:

a. Firewalls shall be of noncombustible materials having a fire resistive rating of not less than four hours and shall have sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the firewall itself.

b. The firewall shall begin at the foundation and extend continuously through all stories and shall extend not less than 30 inches above any portion of the roof within 15 feet.

c. Where structural members project into hollow masonry units, the hollow space shall be filled with noncombustible material that is approved by the building official the full thickness of the wall and six inches or more above, between and below such members.

H. Size and Protection of Openings.

1. The aggregate width of openings in a firewall shall not exceed 25 percent of the length of the firewall.

2. When a building on either side of a firewall is not sprinklered, no opening in the firewall shall exceed 120 square feet in area with no dimension greater than 12 feet.

3. All openings shall be protected by an approved three-hour automatic-closing fire assembly.

I. All structural steel in any unsprinklered building except Type II-B buildings shall be one-hour protected.

J. Fireplace Shafts. Shafts for fireplace flues in buildings constructed under the International Building Code may be unprotected if all the following items are provided.

1. The shaft is located outside the building wall and is separated from the building by a one-hour separation.

2. Each flue is separated from all other flues by a one-hour separation or in a listed flue with clearances per the listing.

K. Projections. Cornices, architectural appendages, eave overhangs, exterior private balconies and similar projections, extending beyond the floor area as defined in Section 202 of the International Building Code shall be noncombustible, heavy-timber construction or one-hour fire resistive construction, except for U occupancies and buildings constructed under the International Residential Code. No vent openings shall be installed in projecting soffits unless made of galvanized wire screen installed as approved by the city’s building official.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2213 § 3, 1998; Ord. 2126 § 1, 1997; Ord. 2040 § 12, 1995; Ord. 1901 § 11, 1992; Ord. 1382 § 11, 1983)

9.04.095 Division IX added – Service stations.

Repealed by Ord. 1681.

9.04.100 Section 901.4.1 IFC amended – Sprinkler riser rooms.

Section 901.4.1 IFC is amended by adding text to read as follows:

Sprinkler riser room(s) shall be located on an outside wall at grade. Such room(s) shall be provided with a door opening to the outside. Such room(s) shall be heated to a minimum of 40° Fahrenheit to prevent freezing. Fire alarm panels shall be located in the sprinkler room.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 13, 1995; Ord. 1901 § 12, 1992)

9.04.110 Subsection 2204 IFC amended.

Section 2204 IFC “Supervision of Dispensing Operations – General,” is amended by deleting subsections 2204.3, 2204.3.1 – 2204.3.5, 2204.3.6 and 2204.3.7 IFC. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 14, 1995; Ord. 1901 § 13, 1992)

9.04.120 Subsection 109.3 IFC amended – Violation and penalty.

Section 109.3 IFC as adopted by this chapter is amended to read as follows:

Any person who violates any of the provisions of this Code or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the City Board of Appeals or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days or both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 15, 1995; Ord. 1901 § 14, 1992; Ord. 1382 § 10, 1983)

9.04.130 Severability.*

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 16, 1995; Ord. 1901 § 15, 1992)

*Ord. 1901 § 14, codified as § 15.

Chapter 9.06
FIRE LANES

Sections:

9.06.010 Fire lanes authorized.

9.06.020 Access roadways for newly constructed buildings.

9.06.030 Duty to establish.

9.06.040 Duty of fire department.

9.06.050 Failure to comply – Lien on property.

9.06.060 Duty not to obstruct fire lane.

9.06.070 Enforcement.

9.06.080 Violation – Penalty.

9.06.010 Fire lanes authorized.

The chief of the fire department shall determine and specify, after giving notice by mailing to persons whose names appear on the property tax rolls maintained in the Snohomish County assessor’s office in connection with said property, and to the current occupier(s) and by posting a copy of said determination upon the premises in a conspicuous place, access roadways of not less than 20 feet of unobstructed width for fire department apparatus and other emergency equipment and personnel. Said lanes are authorized on streets or ways open to the public or where, because of the congregating of people or the stopping, standing, or parking of vehicles, there exists an especially hazardous condition in case of fire or other disaster; provided, building sites which contain more than 100 parking spaces shall be designed with access lanes and fire lanes not less than 20 feet in width, forming a continuous route or loop connecting at both ends with public streets as illustrated in LMC 21.18.700. In parking lots containing less than 100 parking spaces, emergency access shall be provided subject to approval of the fire chief. Emergency access shall be provided to within 50 feet of any multiple-family building; provided further, that if any of these requirements are impractical due to the peculiarities of the site and/or existing buildings, other provisions for emergency access may be approved by the fire chief. The fire chief shall prepare written guidelines for fire access roadways to be kept on file in the office of the finance director. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1042 § 1, 1979)

9.06.020 Access roadways for newly constructed buildings.

Every building hereafter constructed shall be accessible to fire department apparatus by way of access roadways approved by the fire department with all-weather driving surfaces of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum of 13 feet, six inches of vertical clearance.

Exception: When there are not more than two single-family residential occupancies as defined in the building code, the requirement of this section may be modified when, in the opinion of the chief, firefighting or rescue operations would not be impaired.

A. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, an approved fire protection system or systems shall be provided as required and approved by the chief. (See Fire Lane Guidelines.)

B. Where fire protection systems approved by the fire chief are provided, the above required clearances may be modified. (See Fire Lane Guidelines.)

C. The chief shall have the authority to require an increase in the minimum access widths where such width is not adequate for fire or rescue operations. (See Fire Lane Guidelines.) (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1042 § 2, 1979)

9.06.030 Duty to establish.

It shall be the duty of any and all owners, occupiers, or others with a possessory interest in any real property to designate and maintain at all times fire lanes determined and specified by the fire chief. Designation and maintenance shall include the installation and maintenance of no-parking signs, and/or other appropriate notice prohibiting obstructions within the fire lane. Such signs and/or other appropriate notice shall be in a format and so placed as approved by regulation of the fire chief. (See Fire Lane Guidelines.) (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1042 § 3, 1979)

9.06.040 Duty of fire department.

Whenever it comes to the attention of the fire chief or any employee or officer of the fire or police department that a required fire lane has either not been designated or is not being maintained, then such officer or employee shall cause notice to be given to any owner, occupier or others with a possessory interest in said property that failure to designate and maintain a fire lane is in violation of the ordinance codified in this chapter, and that such violation must be corrected within 30 days of the date of such notice, and that in the event such violation continues beyond 30 days, the city may commence enforcement proceedings either by filing an ordinance violation or, in the alternative, to come on the property of the violator and designate and sign the required fire lane. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1042 § 4, 1979)

9.06.050 Failure to comply – Lien on property.

Any expense reasonably incurred by the city as a result of the fire department carrying out its duty imposed in this chapter shall become a charge against the owner of the property and a lien against the property. The notice of lien shall be substantially the same as provided by law for lien for labor and materials in the state of Washington, and shall be filed with the same officer within the same time and manner and enforced and foreclosed as is provided by the laws of the state of Washington for liens for labor and materials; provided, the city must give notice as set forth in this section to the owner of said property whose name appears on the property tax rolls of the county prior to commencing the work giving rise to the city’s lien on the property. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1042 § 5, 1979)

9.06.060 Duty not to obstruct fire lane.

A. It is a traffic infraction for any person to park, stop and/or stand a vehicle, occupied or unoccupied, within a fire lane in violation of this chapter.

B. No person shall obstruct or cause to be obstructed in any manner any fire lanes as authorized herein. No person shall erect or cause to be allowed gates, chains, or other barriers, or security gates on fire lanes unless approved by the fire chief. When any locked gate, barrier or chain has been approved, the owner shall supply a sufficient number of entry keys or key cards to the fire chief. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1160 § 1, 1980; Ord. 1042 § 6, 1979)

9.06.070 Enforcement.

A. When an infraction of this chapter involving a vehicle exists, the Lynnwood police department is authorized to issue a notice of traffic infraction pursuant to RCW 46.63.030 as is now or hereafter amended.

B. In situations involving an immediate risk of harm to people or property, the Lynnwood police department may impound any vehicle or obstruction found within a fire lane or within 15 feet of any fire hydrant whether on public or private property; provided, such impoundment shall be in accordance with RCW 46.55.113 and the impound provisions of RCW 46.52.120 et seq., as each is now or hereafter amended.

C. Notwithstanding any other provision of this chapter, the chief officers of the city of Lynnwood fire department are authorized and directed to enforce all of the provisions of this chapter. For such purposes they shall have the powers of a police officer. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1160 § 2, 1980; Ord. 1042 § 7, 1979)

9.06.080 Violation – Penalty.

A. The penalty for a fire lane traffic infraction shall be $50.00.

B. Except as otherwise provided, any person who violates the provisions of this chapter shall be guilty of a misdemeanor and punished by a fine not to exceed $350.00. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1160 § 3, 1980; Ord. 1042 § 8, 1979)

Chapter 9.10
REGULATIONS FOR USE OF TENTS, CANOPIES AND TEMPORARY MEMBRANE STRUCTURES IN CONNECTION WITH TEMPORARY ACTIVITIES*

(Superseded by Ord. 2506)

*Code reviser’s note: See LMC 9.04.014 for provisions regarding tents, canopies, and temporary membrane structures.

Chapter 9.12
FIREWORKS

Sections:

9.12.010 Title.

9.12.020 Definitions.

9.12.025 State statutes and regulations adopted by reference.

9.12.030 Application for annual retail fireworks sales permit.

9.12.040 Investigation and granting of permits – Number issued by city.

9.12.050 Permit required.

9.12.060 License from State Patrol Fire Protection Bureau required.

9.12.070 Cleanup – Cash debris bond.

9.12.100 Fireworks stands – Operators.

9.12.110 Fireworks stands – Compliance with state and local laws and regulations.

9.12.120 Fireworks stands – Additional regulations.

9.12.130 Fireworks – Time of sale and use.

9.12.140 Public display of fireworks – Rules – Investigation – Permit.

9.12.145 Repealed.

9.12.150 Violation – Penalties.

9.12.160 Suspension, denial or revocation of permit.

9.12.900 Severability.

9.12.010 Title.

This chapter shall be known as the “fireworks ordinance” of the city of Lynnwood, and may be cited as such. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1258 § 2, 1982)

9.12.020 Definitions.

A. “Fireworks” means any fireworks as defined in RCW 70.77.126, as now or hereafter amended.

B. “Common fireworks” means any fireworks as defined in RCW 70.77.136, as now or hereafter amended.

C. “Special fireworks” means any fireworks as defined in RCW 70.77.131, as now or hereafter amended. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1395 § 1, 1984; Ord. 1258 §§ 3, 4, 1982)

9.12.025 State statutes and regulations adopted by reference.

The following statutes and administrative code sections, as now or hereafter amended, are adopted by reference as and for a portion of the fireworks provisions of this city as if set forth in full herein:

RCW

70.77.255     Acts prohibited without appropriate license.

70.77.260(2)     Application for public display permit.

70.77.285     Public display permit – Bond or insurance for liability.

70.77.295     Public display permit – Amount of bond or insurance.

70.77.345     Duration of licenses and retail fireworks sales permits.

70.77.420     Storage permit required – Application – Investigation – Issuance.

70.77.425     Approved storage facilities required.

70.77.485     Unlawful possession of fireworks.

70.77.488     Unlawful discharge or use of fireworks.

WAC

212-17-21509     Location of retail fireworks stands.

212-17-21511     Area around the retail fireworks stand.

212-17-21513     Stand use and construction.

212-17-21515     Operation of retail fireworks stands.

212-17-21517     Temporary fireworks storage associated with the retail fireworks stand operation.

(Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1510 § 1, 1986)

9.12.030 Application for annual retail fireworks sales permit.

A. Application for an annual retail fireworks sales permit shall be made on forms prescribed by the city and shall:

1. Be signed by an officer of the corporation, association or other entity who will operate the stand and be submitted to the office of the finance director no later than June 1st of the year for which the permit is desired;

2. Contain the street address and telephone number where any fireworks stock will be stored if not left in the stand, including the name of the person(s) responsible for each storage location;

3. Set forth the exact location of the fireworks stand for which application is made;

4. Include a certificate of insurance with the city and the applicant as named insured. Policy limits shall be not less than $50,000 and $500,000 for bodily injury liability for each person and occurrence, respectively, and $100,000 for property damage liability for each occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies;

5. Be accompanied by a permit fee of $100.00 for each retail sales outlet. In addition, a detailed construction plan of each proposed stand and plot plan shall be submitted with the application, showing parking configurations and traffic lanes, and proposed barricaded or roped-off areas;

6. Contain an affirmation by the applicant that the applicant shall familiarize all persons working in its retail fireworks stand(s) with the provisions of Chapter 212-17 WAC;

7. Be accompanied by a cash debris bond in the amount of $150.00 per stand, conditioned upon the removal of the temporary stand and the cleaning up of all debris and litter from the site and adjoining area of the temporary stand by 11:59 p.m., July 15th, for the Fourth of July selling period, and otherwise as prescribed by the city; and

8. Be accompanied by a permission letter signed by the property owner, or owner’s authorized representative, authorizing the applicant’s use of the property for retail fireworks sales.

B. No person less than 18 years of age may apply for or be issued a permit under this chapter.

C. Applications which are incomplete or submitted late will not be processed. (Ord. 2699 § 19, 2007; Ord. 2683 § 10, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1463 § 1, 1985; Ord. 1395 § 2, 1984; Ord. 1258 § 5, 1982)

9.12.040 Investigation and granting of permits – Number issued by city.

A. Upon receiving an application for a retail fireworks sales permit or other permit authorized under RCW 70.77.260(1), the city fire marshal shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the finance director who shall forward a copy of the report to the city council.

B. The finance director shall be the designee of the city council under RCW 70.77.270, and shall grant the application for a permit if the application meets the standards set forth in the State Fireworks Law, Chapter 70.77 RCW, and the applicable ordinances of the city. The finance director shall grant or deny the application within 30 days of receipt of the application.

C. There shall be no limitation on the number of retail fireworks sales permits issued within or by the city of Lynnwood; however, each stand shall be considered a separate business from any other stand and must have a separate permit. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1258 § 6, 1982)

9.12.050 Permit required.

A. It is unlawful for any person, firm, partnership, corporation, association or other entity to engage in the retail sale of fireworks, or in any other activity for which a city permit is required under RCW 70.77.255, within the city without first obtaining the appropriate permit from the city.

B. The permit shall be posted in a conspicuous place on or in the retail stand so as to be readily visible from outside the stand. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1395 § 3, 1984; Ord. 1258 § 7(a), 1982)

9.12.060 License from State Patrol Fire Protection Bureau required.

It shall be unlawful for any person, firm, partnership, corporation, association or other entity to engage in the retail sale of fireworks within the city of Lynnwood without first obtaining a license from the director of the Washington State Patrol Fire Protection Bureau. The license from the director of the Washington State Patrol Fire Protection Bureau shall be current during all retail sales of fireworks within the city of Lynnwood. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1258 § 7(b), 1982)

9.12.070 Cleanup – Cash debris bond.

The cash debris bond in the amount of $150.00 per stand shall be returned to the permittee only in the event the permittee removes said temporary stand and cleans up all debris to the satisfaction of the proper officials of the city of Lynnwood; in the event of the permittee’s failure to do so, or failure to remove the temporary stand and clean up debris by the time required in LMC 9.12.030, the bond shall be forfeited to the city. The permittee shall also be liable to the city for any cleanup costs plus a 15 percent administrative fee incurred by the city which exceed the amount of the bond. (Ord. 2699 § 20, 2007; Ord. 2683 § 10, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1395 § 4, 1984; Ord. 1258 § 7(c), 1982)

9.12.100 Fireworks stands – Operators.

No person other than the permittee, permittee’s organization or affiliate shall operate the stand for which the permit is issued. At least one adult person 18 years of age or older shall be present at all times in every retail fireworks stand during the hours of sale to the public and shall be responsible for supervision of the retail fireworks stand and its operation. No person, other than customers, under the age of 16 shall be allowed within a retail fireworks stand when it is open to the public. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1395 § 7, 1984; Ord. 1258 § 8, 1982)

9.12.110 Fireworks stands – Compliance with state and local laws and regulations.

All retail sales of common fireworks shall be permitted only from within a temporary fireworks stand, or other structure which is in compliance with applicable provisions of the state fireworks law, Chapter 70.77 RCW, and administrative regulations promulgated thereunder. The city fire marshal will provide to all fireworks stand permittees a fireworks stand checklist setting forth a summary of certain fireworks stand requirements imposed by state law and city ordinance. Permittees are required to follow and comply with all of the specific requirements of city and state law, including but not limited to the state fireworks law, Chapter 212-17 WAC, and the provisions of this chapter, as now or hereafter amended. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1258 § 9, 1982)

9.12.120 Fireworks stands – Additional regulations.

Fireworks stands shall be subject to the following provisions:

A. A fireworks stand may only be located in a commercial zone established by the city.

B. Temporary fireworks stands less than 400 square feet need not comply with the provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the city fire marshal or his designee, who shall require that those stands be constructed in a manner which shall reasonably ensure the safety of attendants and patrons. Fireworks stands shall be inspected and approved by the city fire marshal or his designee as a condition of, and prior to, opening for business.

C. Fireworks stands shall comply with all provisions of Chapter 212-17 WAC, as now or hereafter amended, including, but not limited to, the location of the stands, setback requirements, and siting of the stands, use of the stands and areas around the stands, cleanup of the area around the stands, transportation of fireworks to and from the stands, and temporary storage of fireworks associated with the retail fireworks stands. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1463, 1985; Ord. 1395 § 8, 1984; Ord. 1258 § 9, 1982)

9.12.130 Fireworks – Time of sale and use.

A. Time of Sale and Use. Except as provided in RCW 70.77.311, and with the permission of the fire marshal, no common fireworks shall be sold within the city except from 12:00 noon on July 1st to 10:00 p.m. on July 4th. Discharging of fireworks shall be allowed from 9:00 a.m. until 11:00 p.m. on July 4th only. Except as provided above, the sale or discharge of common fireworks is prohibited.

B. Any person, corporation, association or other entity that is found guilty, pleads guilty or forfeits bail for any violation of this section shall not be issued a permit under this chapter by the city for a five-year period. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1958 § 1, 1993; Ord. 1395 § 9, 1984; Ord. 1258 § 10, 1982)

9.12.140 Public display of fireworks – Rules – Investigation – Permit.

The city fire marshal shall be authorized to adopt reasonable rules for the issuance or denial of a permit for a public display of fireworks. Following receipt of an application for a permit under RCW 70.77.260(2) for a public display of fireworks, the city fire marshal shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the fire marshal shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the finance director who shall forward the report to the city council. The city council shall grant the application if it meets the requirements of Chapter 70.77 RCW and this chapter. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1258 § 11, 1982)

9.12.145 Authority of fire personnel to exercise powers of police officer.

Repealed by Ord. 2183.

9.12.150 Violation – Penalties.

A. Unless a specific penalty is prescribed in this chapter, anyone who violates any provision of this chapter or any of the conditions of any permit issued hereunder, or who causes another to do so, shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 and 90 days imprisonment in the city jail.

B. In addition, violation(s) of any of the provisions of this chapter or any of the conditions imposed upon a permit issued hereunder shall subject the permit to suspension or revocation, as provided herein.

C. In addition, or alternatively, violation(s) of any of the provisions of this chapter or any of the conditions imposed upon a permit issued hereunder shall subject the permittee to a daily civil penalty in the amount provided by LMC 1.01.085. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1515 § 2, 1986; Ord. 1395 § 11, 1984; Ord. 1258 § 12, 1982)

9.12.160 Suspension, denial or revocation of permit.

A. If an application for a retail fireworks sales permit or other permit authorized under RCW 70.77.260(1) is denied, the finance director shall so notify the applicant in writing, indicating the reasons for denial and notifying the applicant of his/her right to appeal by filing with the finance director’s office, within five days of the denial notice, a written request for a hearing before the finance director or his/her designee, who shall hold a hearing within three city of Lynnwood working days from receipt of the appeal. The applicant shall have the burden of proof. A written decision on the appeal shall be issued within two working days following the hearing.

B. Any permit issued hereunder may be revoked or suspended, as provided herein, by the finance director upon the giving of one day’s notice; provided, however, that the fire marshal or designee may suspend or revoke such permit effective immediately whenever necessary to prevent serious injury to person(s), property or the public peace, health, safety or welfare. Written notice of suspension or revocation shall be delivered to the organizer, permittee or to the operator or manager of the activity authorized by the permit.

C. The permittee shall have the right to appeal the suspension or revocation of a permit by filing a written appeal with the finance director no later than the next working day from date of suspension or revocation. A hearing on the appeal shall occur before the finance director or designee on or before the next working day following receipt of the appeal. The permittee shall have the burden of proof. A written decision of the appeal shall be issued no later than the next working day following the hearing. If the finance director or designee determines that the permit should not be revoked or should no longer be suspended, the permit shall be reinstated. The suspension or revocation of the permit shall not be stayed during the pendency of the appeal. In the event that a permit is reinstated, the appeal period shall not extend the time period for which the permit is issued.

D. An appeal from a denial, suspension or revocation of a permit hereunder may, at the option of the city, be consolidated with any related appeal from a denial, suspension or revocation of any other required permit hereunder. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998)

9.12.900 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1958 § 3, 1993)

Chapter 9.14
SMOKING IN PUBLIC PLACES

Sections:

9.14.010 State statute adopted by reference – Smoking in public places.

9.14.020 Smoking prohibited in city buildings and vehicles.

9.14.010 State statute adopted by reference – Smoking in public places.

A. Chapter 70.160 RCW* relating to smoking in public places is hereby adopted by reference as and for the Lynnwood Municipal Code as if set forth in full herein.

B. The amendment, addition or repeal by the Washington Legislature of any section of any of the adopted statutes set forth in subsection (A) of this section shall be deemed to amend this chapter and the statutes contained in this chapter which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority of this city to take any action with respect to such addition, amendment or repeal, as provided by RCW 35A.12.140. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1491, 1985)

*Ordinance references Session Laws of Washington.

9.14.020 Smoking prohibited in city buildings and vehicles.

Smoking shall be and is hereby prohibited:

A. In all city buildings, offices and vehicles, including those buildings, offices or vehicles owned, rented or leased by the city;

B. Within a distance of 50 feet of any public entrance to any city building; and

C. Within a distance of 25 feet of any employee entrance to any city building;

D. The term “entrance” as used herein includes any doorway, stairway, breezeway, porch or landing leading directly into any building operated by the city and accessible to city employees and/or private citizens;

E. Signage shall be posted in areas where smoking is prohibited prior to enforcement of this section. (Ord. 2683 § 10, 2007; Ord. 2568 § 1, 2005)

Chapter 9.16
HYDRANTS

Sections:

9.16.005 Appendix B of the IFC amended.

9.16.010 Definitions.

9.16.020 Responsibility.

9.16.030 Service by water department.

9.16.040 Private hydrant installation.

9.16.050 Flush type prohibited.

9.16.060 Foot valve required.

9.16.070 Leads from service main.

9.16.080 Location near buildings generally.

9.16.090 Intersection installations.

9.16.100 Location in single-family residential areas.

9.16.110 Location according to fire flow requirements.

9.16.120 Port outlets – Valve openings – Barrel drains.

9.16.130 Approval of piping, installation required.

9.16.140 Pumper port direction.

9.16.150 Protection.

9.16.160 Replacement.

9.16.170 Obstruction prohibited.

9.16.180 Compliance required.

9.16.190 Installation work performance.

9.16.200 Chlorine treatment required.

9.16.210 Penalty for violation.

9.16.005 Appendix B of the IFC amended.

Appendix B of the IFC is amended by adding the requirements set forth in this chapter. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004)

9.16.010 Definitions.

The definitions following are a part of this chapter. Whenever the following terms are used in this chapter they shall have the meaning as defined. The definitions given shall not necessarily be limited to the meaning given herein whenever the term is one of common usage, in which case the definition shall be augmented and enlarged by accepted public use of the term.

A. “Approving authority,” for the several conditions of this chapter, means the fire chief.

B. “Public hydrant” means a fire hydrant so situated and maintained to provide water for fire fighting purposes without restriction as to use. The location is such that it is accessible for immediate use of the fire department.

C. “Private hydrant” means a fire hydrant so situated and maintained to provide water for fire fighting purposes with restrictions for its use limited to certain defined property or properties. The location may be such that it is not readily accessible for immediate use of the city fire department for other than private property.

D. “Fire department” means the fire department of the city of Lynnwood and/or any recognized fire department normally responding in the area, to include private fire brigades organized, trained and equipped to protect specified property.

E. “Commercial and industrial properties” include, but are not necessarily limited to, such risks as: stores, retail and wholesale, warehouses, service stations, manufacturing facilities, garages, theaters, hotels, motels, restaurants, bars and taverns, banks, show rooms, barber and beauty shops.

F. “Institutional properties” include, but are not necessarily limited to: places of worship, schools, public and private hospitals, nursing homes, lodges and fraternal orders, unless the structure contains a function of a commercial or industrial nature.

G. “Residential properties” means those intended for a purpose of human habitation. Whenever “single-family dwelling” is used herein it also includes the structure known as “duplex,” a two-family dwelling. A residence constructed and equipped for occupancy by more than two families shall be defined as “a multifamily dwelling” or “high-density dwelling,” the terms being identical in meaning.

H. “Flush type hydrant” means a hydrant installed entirely below grade.

I. “Fire flow” means the amount of water required to extinguish a fire. For the purpose of this chapter the requirement shall be applied by the fire chief whose judgment will be based upon Appendix B, Table B 105.1 IFC. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 1, 1969)

9.16.020 Responsibility.

The installation of fire hydrants in accordance with this chapter shall be required of the owner and/or developer of any future business, commercial, institutional or industrial facility, dwelling or dwelling development. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 2, 1969)

9.16.030 Service by water department.

All fire hydrants installed as required by this chapter shall be served by the city water department unless conditions warrant a waiver of this provision. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 3, 1969)

9.16.040 Private hydrant installation.

The installation of private hydrants as defined herein shall be limited to those cases when the number of public hydrants installed under the distance provisions of this chapter shall be insufficient in number. Private hydrants shall meet city requirements for public hydrants and shall be located as designated by the approving authority. The city shall have the right to go upon the premises and to use the private hydrant for public purposes, including testing, flushing and emergency uses. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 4, 1969)

9.16.050 Flush type prohibited.

The installation of flush type hydrants is prohibited. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 5, 1969)

9.16.060 Foot valve required.

There shall be a foot valve installed between the service main and the hydrant sufficient to permit the repair and replacement of the hydrant without disruption of water service. The type and style shall be determined by the approving authority. The location of all such valves installed shall be properly and accurately marked on identifiable plans or drawings, two copies of which shall be furnished to the approving authority. This valve shall be furnished with a standard valve box. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 6, 1969)

9.16.070 Leads from service main.

The lead from the service main to the hydrant shall be no less than six inches in diameter. Any hydrant leads over 50 feet in length from the service main to the hydrant shall be no less than eight inches in diameter. The provisions of this section shall apply without exception and regardless of the size of the service main. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 7, 1969)

9.16.080 Location near buildings generally.

All mains on private property serving more than one fire hydrant shall be circulatory and not less than eight inches in diameter. All buildings, except single-family dwellings, that are located so that a portion is more than 200 feet from a street property line, or located at a different elevation than the street shall have fire hydrants located on the property as directed by the fire chief. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 8, 1969)

9.16.090 Intersection installations.

Fire hydrants shall be installed at all intersections in all areas except single-family residential, so that the distance between them shall not exceed 330 feet and if the distance between intersections is over 400 feet, then one hydrant shall be placed halfway between. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 9, 1969)

9.16.100 Location in single-family residential areas.

Fire hydrants shall be so installed in single-family residential areas so that the distance between them shall not exceed 600 feet and shall be installed at street intersections unless otherwise specified by the approving authority. If intersections are over 700 feet apart, an additional hydrant will be placed in between them so as not to be more than 600 feet from hydrants on either side. In addition to the spacing requirements set forth above, hydrants located in cul-de-sac and dead-end areas either by design or by topographic or manmade feature which prohibits straight-line distance measurement shall be located to serve no more than 120,000 square feet. The maximum distance from any front property line to a fire hydrant shall not exceed 300 feet. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 10, 1969)

9.16.110 Location according to fire flow requirements.

Buildings having required fire flow of less than 2,500 gpm (other than buildings of fire-resistive construction) can have fire hydrants on one side of the building only, yet there shall never be less than two fire hydrants available for any building larger than 1,000 square feet of ground area. Location of hydrants protecting buildings requiring fire flows larger than 2,500 gpm shall be determined by the fire chief. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 11, 1969)

9.16.120 Port outlets – Valve openings – Barrel drains.

Standard hydrants shall have two two-and-one- half-inch hose outlets and one four-and-one-half-inch pumper port outlet. All outlet ports shall be national standard thread. The valve opening shall be no less than five inches. The hydrant shall have a positive and automatic barrel drain, shall be Iowa type or equal and shall be of the “safety” or “break away” style, i.e., when accidentally broken off, water will not flow. All ports shall be capped. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 12, 1969)

9.16.130 Approval of piping, installation required.

Fire hydrants shall be installed to meet sound engineering practices to include concrete blocking and strapping in all cases, and to the approval of the city engineer who shall also approve the selection and use of all pipe, fittings and valves. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 13, 1969)

9.16.140 Pumper port direction.

Hydrants shall stand plumb, be set to the established grade with the lowest outlet of the hydrant no less than 18 inches above the grade and no less than 36 inches of clear area about the hydrant for clearance of the hydrant wrench on both outlets and on the control valve. The pumper port shall face the street. Where the street cannot be clearly defined or recognized, the port shall face the most likely route of approach and location of the fire truck while pumping, to be determined by the approving authority. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 14, 1969)

9.16.150 Protection.

Where needed, the fire chief will require hydrants to be protected by two or more posts, each six inches in diameter by six feet, made either of reinforced concrete or steel, their location to meet the provisions of LMC 9.16.140. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 15, 1969)

9.16.160 Replacement.

If there presently exist fire hydrants which do not conform to the requirements of this chapter, such hydrants when replaced shall be replaced with hydrants which do conform to the standards defined herein. This does not preclude a requirement by proper authority that a deficient hydrant must be replaced should structural conditions of the area change to require a hydrant or hydrants of larger flow capacity. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 16, 1969)

9.16.170 Obstruction prohibited.

No one shall plant any vegetation, erect any structure or perform any action which results in obstructing the view of a fire hydrant for a distance of 50 feet. The owner/occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of no less than 10 feet. The purpose of this section is to maintain visual area around the hydrant and is in addition to the requirements of LMC 9.16.140. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 17, 1969)

9.16.180 Compliance required.

The passage of this chapter is necessary for the protection of health, safety and welfare of the citizens of the city and to avoid or abate public nuisances. No building permits shall be issued for erection of any building or structure until reasonable proof of intent to comply with this chapter is indicated and the approving authority is satisfied that hydrants are to be and/or can be installed to comply with this chapter. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2045 § 2, 1995; Ord. 453 § 18, 1969)

9.16.190 Installation work performance.

The installation of fire hydrants may be accomplished by a recognized contractor, or by payment to the city, work to be accomplished by the water department, either by contract or departmental employees. All installations to be approved by the city engineer. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 19, 1969)

9.16.200 Chlorine treatment required.

Following the installation of fire hydrants, all piping, valves and hydrants shall be treated with chlorine as prescribed by law for installation of any other facility on a potable water system. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 20, 1969)

9.16.210 Penalty for violation.

Any person who violates this chapter shall be guilty of a misdemeanor and may be punished by a fine of $500.00 or by imprisonment in the city jail for a period not to exceed 90 days or by both such fine and imprisonment. (Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 453 § 21, 1969)