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9.04.095 Repealed.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. 2840 § 1, 2010; 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. 2840 § 1, 2010; Ord. 2683 § 10, 2007)
9.04.010 Adoption of International Fire Code.
As amended by the provisions of this chapter, the 2009 Edition of the International Fire Code published by the International Code Council, including Appendices B, C, and J 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. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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 tent, canopy, or temporary membrane structure shall not be allowed; except 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. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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 3404.2.9.6 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 3404.2.9.6 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. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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.
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. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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 5,000 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:
1. For the purpose of determining the required exterior wall and opening protection, buildings on the same property, adjacent property and court walls of buildings shall be separated by 20 feet or shall be 1-hour rated with 45 minute protected openings. (This section replaces IBC Table 705.8.)
2. Exterior Building walls located within 10 feet of the property line or the assumed property line shall be 1-hour rated with 45 minute protected openings. (This section replaces IBC Table 705.8.)
3. 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 occupancies under 1000 square feet and buildings constructed under the International Residential Code (IRC), that are 5,000 square feet or more shall be fully fire sprinkler protected.
D. All type V-A buildings except U occupancies and buildings constructed under the International Residential Code shall have 1-hour rated construction throughout.
E. Maximum Square Footage without Sprinklers.
1. All buildings that have a total square footage on one or more stories of 5,000 square feet or larger and Type V-B buildings over 400 square feet shall be sprinkler protected per section 903.3.1.1 of the International Fire Code (IFC). Where IFC section 903.2 requires sprinkler protection at less than 5,000, 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, Type II-A, and Type II-B that do not apply Section 603.1 of the International Building Code in the design.
c. Single Family Residences constructed under the IRC and townhomes less than 5,000 square feet constructed under the IRC.
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 less than 1,000 square feet 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, except U occupancies under 1,000 square feet and buildings constructed under the IFC, 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. New and Existing Construction.
All existing buildings, except U occupancies under 1,000 square feet and buildings constructed under the IRC that are enlarged, added to, or expanded, such that the total area will exceed 5,000 square feet, shall be fire sprinkler protected per section 903.3.1.1 of the IFC.
A firewall shall be constructed meeting all the requirements of the most recently adopted edition of the International Building Code.
H. Size and Protection of Openings in Firewalls.
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. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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, Dispensing Operations, is amended by deleting subsections 2204.3, 2204.3.1 through 2204.3.5, 2204.3.6 and 2204.3.7 IFC. (Ord. 2840 § 1, 2010; 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. 2840 § 1, 2010; 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. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2040 § 16, 1995; Ord. 1901 § 15, 1992)
*Ord. 1901 § 14, codified as § 15.