ORDINANCE NO. Establishing Fire and Life Safety Requirements for Existing Multi-Family Residential Buildings Classified as Group R, Division Occupancy WHEREAS, the City of Bremerton has previously exercised the power to protect the safety and welfare of the public through Ordinance No. 3424 and Ordinance 224-1998A, adopting a Uniform Building Code and Uniform Fire Code, respectively; and WHEREAS, the Board finds that in order to protect the health, safety and welfare of the public, it is necessary to adopt certain fire safety requirements for existing multi-family residential buildings, classified as Group R, Division 1 Occupancy buildings in the Uniform Fire Code, as adopted by the County; NOW, THEREFORE, BE IT ORDAINED, Section 1. That a new chapter 14.10 is added to the Kitsap County Code as follows: Chapter 14.10 Fire and Life Safety Requirements for Existing Multi-Family Residential Buildings Sections: 14.10.010 Definitions 14.10.020 Requirements for Group R, Division I Buildings 14.10.030 Smoke Detectors 14.10.040 Floor Plans 14.10.050 Emergency Evacuation Plans 14.10.060 Fire Safety Training 14.10.070 Annual Fire Inspection 14.10.080 Fire Safety Evaluation 14.10.090 Certificate of Compliance 14.10.110 Notification to Property Owners 14.10.120 Automatic Fire Sprinklers 14.10.130 Fire Alarm Systems 14.10.140 Appeals 14.10.150 Fire Safety Advisory Committee 14.10.160 Enforcement 14.10.170 Violation-and penalties 14.10.010 Definitions. For purposes of this chapter, the following definitions apply: (1) ΑAdministrative Summary means the ΑKitsap County Fire Safety Advisory Committee Report dated June 28, 1999, attached hereto as Appendix B and incorporated herein by reference. The Administrative Summary was used as a basis for development of this ordinance and shall be used for guidance in interpreting it. 1
(2) ΑApproved means approved by the Chief unless other specified (3) ΑChief means the Kitsap County Fire Marshal; (4) ΑDwelling Unit means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the 1997 Uniform Building Code, for not more than one family, or a congregate residence which accommodates 10 or fewer persons. (5) ΑFire Department means the Fire Prevention Bureau of the local Fire Department or District, or the County Fire Marshal=s Office; (6) ΑFire Safety Advisory Committee means a group of community representatives appointed by the Board of County Commissioners as provided in KCC 14.10.150. (7) ΑFire Safety Matrix means the assessment tool, attached hereto as Appendix A and incorporated herein by reference, used by Fire Department personnel to evaluate Level-III Buildings to determine appropriate fire protection features based upon an assigned point value and number of Dwelling Units; (8) ΑFloors means the number of levels in a building, including any basement. (9) ΑGroup R, Division 1 Building means a hotel or motel, an apartment building or congregate residence, including condominiums. (10) ΑLevel-I Building means all Group R, Division 1Buildings less than 3 floors in height and more than 4 Dwelling Units; (11) ΑLevel-II Building means all Group R, Division 1 Buildings 3 or more Floors in height and less than 17 Dwelling Units; (12) ΑLevel-III Building means all Group R, Division 1 Buildings 3 or more floors in height and 17 or more Dwelling Units; (13) ΑOwner means the owner of record of a Group R, Division 1 Building. 14.10.020. Requirements for ΑExisting Group R, Division 1 Buildings. All Group R, Division 1 Occupancy Buildings constructed prior to July 1,1998 shall meet all the requirements of this chapter. 14.10.030 Smoke Detectors. On or before July 1, 2000, the Owner shall install in all sleeping areas of all Level-I, -II and - III Buildings, an approved, listed photoelectric device which senses visible or invisible particles of combustion. Such devices may be battery-powered. Using Approved forms, the Owner shall certify 2
to the Chief that the devices have been installed as required in this section and are properly working. 14.10.040 Floor Plans. Upon request, by the Fire Department, the Owner shall provide floor plans to assist with prefire planning. 14.10.050 Emergency Evacuation Plan. (1) The Fire Department will work with the Owners by providing guidelines for developing an Approved emergency evacuation plan. All plans shall be submitted and approved by the Fire Department prior to posting. (2) Approved emergency evacuation plans shall be posted in common areas of the building by the Owners on or before January 1, 2001. (3) Emergency evacuation plans shall be reviewed and updated annually by Owners. Revised plans shall be submitted to the Fire Department for review and approval. 14.10.060 Fire Safety Training. The Fire Department shall develop and implement classroom training programs for building Owners, tenants and homeowners regarding fire safety. 14.10.070 Annual Fire Inspection. All level I, II, and III buildings shall be inspected annually by the Chief or his/her designee for compliance with the requirements of this chapter. 14.10.080 Fire Safety Evaluation. In addition to the annual fire inspections, Level III buildings shall be evaluated for fire safety utilizing the Fire Safety Matrix. Each Level III building shall achieve a minimum of 80 points on the Matrix within ten years of the date this ordinance is adopted. A comprehensive review of all Level III buildings evaluations will be conducted by the Fire Safety Advisory Committee. During that review the Chief shall determine if Level III buildings not meeting the 80 points criteria are a distinct hazard to life or property. If the Chief determines a building to be a distinct hazard, he or she shall take action pursuant to the Dangerous Buildings Code in this title to have the building repaired, rehabilitated, demolished or removed. 14.10.090 Certificate of Compliance. The Chief in consultation with the Fire Department, shall provide a certificate of compliance for all Level I and II buildings inspected and determined to be in compliance with this chapter. All Level III buildings must meet all requirements of this chapter, including the requirements to achieve a score of at least 80 points in the fire safety evaluation performed pursuant to section 14.10.080, in order to receive a certificate of compliance. 14.10.110 Notification to Property Owners. 3
The Fire Department will design and implement a process to notify property Owners, in a timely manner regarding fire calls resulting from property damage or injury on their property. 14.10.120 Automatic Fire Sprinklers. Automatic fire sprinklers shall be installed in all Group R, Division 1 buildings that contain 10 or more Dwelling Units when, within a three-year period, there has been damage to the building that exceeds 50% of the assessed value of the building, or the building has been remodeled to an extent that exceeds 50% of the assessed value of the building. 14.10.130 Fire Alarms Systems. (1) An approved fire alarm system Αnon-monitored shall be installed in all Level II buildings. The fire alarm system must be installed and operational on or before January 1, 2003. The Department of Community Development, shall waive permit fees for alarm systems installed for compliance with this chapter. (2) An approved Αmonitored fire alarm system containing a heat detector within each dwelling unit shall be installed in all Level III buildings. The fire alarm system must be installed and operational on or before January 1, 2003. The Department of Community Development, shall waive permit fees for alarm systems installed for compliance with this chapter. 14.10.140 Appeals. The Consolidated Board of Appeals, created by this title is the designated Board of Appeals for this ordinance. Guided by Section 103 of the 1997 Uniform Fire Code, the Board of Appeals shall determine the suitability of alternate materials and/or methods and provide for reasonable interpretations of the provisions of this chapter. The Chief shall be notified of all appeals under this chapter. On request by the Board of Appeals, the Fire Safety Advisory Committee shall review appeals and provide recommendations thereon to the Board of Appeals. 14.10.150 Fire Safety Advisory Committee. A committee is established to review fire safety evaluations as provided in this chapter, periodically review this ordinance and recommend improvements to it; investigate and recommend to the Board of County Commissioners funding sources for fire and life safety enhancements to Group R, Division 1 buildings; when requested by the Board of Appeals, provide recommendations on appeals under this chapter; and develop strategies to enhance fire safety within the community. In performing its responsibilities under this chapter, the committee shall be guided by the standards set forth in the Administrative Summary. The committee shall consist of at least three (3) county residents, three (3) fire service personnel and three (3) owners of Group R, Division 1 buildings. The committee shall be appointed by the Board of County Commissioners on or before April 1, 2000. The Chief or his or her designee shall serve as committee chair. 14.10.160 Enforcement. The Chief and his or her designee are authorized to enforce the provisions of this chapter. 14.10.170 Violation-and Penalty. 4
The violation of any provision of this chapter shall constitute a class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. Infractions shall be processed in accordance with the provisions of the Kitsap County Civil Enforcement Ordinance: Provided, however, that the maximum penalty and default amount for a Class I civil infraction under this chapter shall be five hundred dollars ($500.00) not including statutory assessments. Section 2. Severability. If any provision of this ordinance, or its application to any person, entity or circumstance is for any reason held invalid, the remainder of the ordinance, or the application of the provision to other persons, entities or circumstances is not affected. Section 3. Effective date. This ordinance shall take effect immediately. DATED this day of, 1999.. KITSAP COUNTY BOARD OF COMMISSIONERS Charlotte Garrido, Chair ATTEST: Tim Botkin, Commissioner Holly Anderson Clerk of the Board Chris Endresen, Commissioner 5