Title 16 FIRE International Fire Code Fire Flow and Hydrants Servicing First Aid Fire Fighting Equipment

Transcription

1 Title 16 FIRE Chapters: International Fire Code Fire Flow and Hydrants Servicing First Aid Fire Fighting Equipment Smoke Detection Devices Repealed Fireworks Ambulance Transport Rates

2 Chapter INTERNATIONAL FIRE CODE 1 Sections: Short title Adopted Fire code official defined Emergency vehicle parking Permits and fees Repealed Local amendments of International Fire Code Violation Penalty Short title Adopted. (1) The International Fire Code is adopted by reference, and shall be in effect in the city of Puyallup. The International Fire Code may be referenced as the fire code in this chapter. (2) The International Fire Code shall be the Edition of the International Fire Code, published by the International Code Council, Inc., including those standards of the National Fire Protection Association specifically referenced in the International Fire Code, as adopted by the Washington State Building Code Council in Chapter WAC, as it now exists or is hereafter amended; provided, that notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles. The following appendices are specifically adopted: (a) Appendix B, Fire-Flow Requirements for Buildings; (b) Appendix C, Fire Hydrant Locations and Distribution; (c) Appendix D, Fire Apparatus Access Roads; (d) Appendix E, Hazard Categories; (e) Appendix F, Hazard Ranking; (f) Appendix H, Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions. (Ord , 2013; Ord , 2010).

3 Fire code official defined. For purposes of this chapter, and any other provisions of the city code addressing, applying, enforcing or interpreting the fire code, the term fire code official shall mean any designee authorized by the city manager to serve as the fire code official. (Ord , 2010; Ord , 2004) Emergency vehicle parking. Section 1. Definitions: The following definitions shall apply in the interpretation and enforcement of this chapter. (A) Emergency Vehicle Lane: That area within any public right of way, easement, or private property designated for the purpose of permitting fire trucks and other fire fighting or emergency equipment to use, travel upon or park. (B) Park, Parking, Stop, Stand or Standing: Means the halting of any vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or fire official, traffic control sign or signal. (C) Vehicle: A machine propelled by power, designed to travel along the ground or rail by use of wheels, treads, runners or slides and transport persons or property, or pull machinery, and shall include, but not be limited to, automobile, truck, trailer, motorcycle, tractor, buggy, wagon and locomotive. Section 2. Requirements/Standards: When required by the Fire code official, emergency vehicle lanes shall be provided around facilities which by their size, location, design, or contents warrant access which exceeds that normally provided by the proximity of City streets. (A) Lanes shall provide a minimum, unobstructed width of 20 feet and vertical clearance of 13 feet, 6 inches. (B) Lanes shall be identified by a 4 inch wide line and block letters 2 feet high, painted in the lane, at 50 foot or such other intervals which the Fire code official determines to be reasonable, stating Emergency Vehicles Only, color to be determined by the Fire code official (bright yellow), and by posting of signs stating Emergency Vehicles Only - No Parking - Violator Vehicles Subject to Impound. Signs shall be posted on or immediately next to the curb line, or on the building. Signs shall be 12" x 18" and shall have letters and background of contrasting colors, readily readable from at least

4 a 50 foot distance. Signs shall be posted at a minimum no further than 50 feet apart, unless a greater distance is deemed reasonable by the Fire code official, nor shall they be more than 4 feet from the ground unless a greater height is determined necessary by the Fire code official. C. Emergency Vehicle Lanes shall be either asphalt or reinforced concrete, 2 inches thick, minimum, or other material as approved by the plan review, Section 2(D) per current City of Puyallup Standards. D. Where Emergency Vehicle Lanes connect to City streets or parking lots, adequate clearances and turning radii shall be provided. All proposed plans shall have City Engineer and Fire code official approval. Section 3. Parking Prohibited: Except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or fire official or traffic control sign, signal, or device, no person shall: A. Stop, stand or park a vehicle, whether occupied or not at any place where official emergency vehicle lane signs are posted, except: 1. Momentarily to pick-up or discharge a passenger or passengers; or 2. Delivery vehicle for the purpose of and while actually engaged in loading or unloading. Section 4. Emergency Vehicle Lanes as Part of Driveways and or Parking Areas. The Fire code official may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas when specified, shall be marked as identified in Section 2(B). Section 5. Existing Buildings. When the Fire code official determines that inaccessibility for fire apparatus exists around existing buildings or structures, then he may require emergency vehicle lanes to be constructed and maintained. Section 6. Enforcement. It shall be the duty of the Puyallup Police and Fire Code Official and/or their authorized designee(s) to enforce this Section. Section 7. Penalties. A violation of any provision of this Section shall constitute a Class 3 civil infraction as defined in Chapter 1.02PMC.

5 Section 8. Impound of Illegally Parked Vehicles. In addition to the penalties provided for in Section 7, any vehicle improperly parked in violation of any of the provisions of this Section shall be subject to impound. (Ord , 2004; Ord , 1999; Ord , 1998; Ord , 1988; Ord , 1983) Permits and fees. In addition to the International Fire Code, the following provisions shall apply to permit requirements: (1) Permit Fees. All fees for permits or other approvals required in this title shall be as currently exist or as may be amended from time to time in writing by Executive Order of the City Manager. Copies of all fee schedules, and any subsequent amendments thereto, shall be maintained and available for public review at the offices of the fire chief and the development services department during regular business hours. (2) Permit Inspection Fee. An inspection fee, the hourly rate for which shall be established by resolution of the City Council and which shall be in addition to any permit fee required, shall be charged for any inspection requiring more than one hour. The inspection fees shall be assessed in 30 minute increments with the first 30 minutes or any portion thereof being charged the full hourly rate. (3) Revocation. The fire code official is authorized to suspend or revoke a permit when it is determined after a hearing by the fire code official that the permittee failed, refused or neglected to pay required permit fees within 90 days following mailing of an invoice to the permittee requiring payment. Mailing shall be accomplished by First Class Mail of the U.S. Postal Service. (Ord , 2004; Ord , 1999; Ord , 1984) Conflict with international codes. Repealed by Ord (Ord , 2004; Ord , 1982) Local amendments of International Fire Code. The International Fire Code adopted by reference in this chapter is hereby amended as follows: (1) IFC Section is amended to read as follows:

6 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 (where standards are referenced within the IFC) and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as determined or modified by the fire code official. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. (2) IFC Sections 108.3, and are hereby repealed. (3) IFC Sections 503.1, , , , 503.2, and are hereby adopted in the city of Puyallup. (4) IFC Section is amended to read as follows: Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections through and Appendix D. Exception: If a single family residence was legally in existence prior to July 1, 2011, a cumulative square foot addition of not more than 25 percent of the original square footage may be constructed Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension of 150 feet where: (a) The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section , or (b) Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. (c) There are not more than two Group R-3 or Group U occupancies.

7 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access High-piled storage. Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions of Chapter Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections through Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: The fire code official shall have the authority to approve a decrease in the minimum access width Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. (5) IFC Sections , , and are amended to read as follows: Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities and meet City of Puyallup road design standards Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official and City of Puyallup road design standards Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department s apparatus, Appendix D, and City of Puyallup road design standards.

8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department s apparatus Markings. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING-FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section shall be maintained at all times. (6) IFC Section is amended to read as follows: Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operations shall be designed, constructed and installed to comply with the requirements of ASTM F The main entry gate and any other electronic gate of all residential, commercial, or industrial developments shall be constructed in a manner which includes the installation of a key controlled device and an emergency vehicle preemption system to open all such gates to allow for immediate entry of fire apparatus into the development. Such system shall be a priority control system that employs data-encoded infrared communication to identify the fire apparatus vehicle. The type of system to be installed must be compatible with the traffic signal priority control system used by the city of Puyallup. The design and final installation of the system must be approved by the city of Puyallup. A security gate serving one or two single family dwellings or any non-electronic gate shall be provided with a key controlled device approved by the fire chief. All gates will require a review by the traffic division. When required, a plan shall be submitted to the fire code official and traffic division to determine the area required for the stacking of vehicles and other vehicle turning maneuvers. (7) IFC Section is amended to read as follows:

9 505.1 Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inch (12.7 mm) for buildings that are within 50 feet of the street, 12 inches high for buildings that are feet from the street, and 18 inches high for buildings that are over 100 feet from the street. Where access is by means of a private road or driveway and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. (8) IFC Section is amended to read as follows: Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Exception: If a single family residence was legally in existence prior to July 1, 2011, a cumulative square foot addition of not more than 25 percent of the original square footage may be constructed. (Ord , 2013; Ord , 2011; Ord , 2010) Violation Penalty. (1) It is unlawful for any person or entity to violate any provision of this chapter, or any code adopted herein, or to erect, construct, enlarge, alter, repair, move, improve, remove, change, convert, demolish, equip, use, occupy or maintain any building, structure or equipment, or to use any land contrary to, or in violation of, any of the provisions of this chapter, or any code adopted herein. (2) A violation of the provisions of this chapter shall be a Class 1 civil infraction pursuant to Chapter 1.02 PMC. Notwithstanding the foregoing, a violation of a stop work order, a notice of violation or use of unsafe structures or equipment after notice shall be a misdemeanor. (3) Each violation of the provisions of this chapter or the International Fire Code shall constitute a separate infraction or offense. (4) Each day that a particular violation exists shall constitute a separate infraction or offense.

10 (5) In addition to fines or penalties, the violator shall, as a condition of continued occupation of the property or structure in violation of this chapter or the International Fire Code, immediately abate the violation. Furthermore, a violator shall be liable for all costs and expenses occasioned by such violation. (Ord , 2010). 1 Prior legislation: Ords. 1370, 1460 and 1598.

11 Chapter FIRE FLOW AND HYDRANTS Sections: Short title Definitions Hydrants required Fire flow requirements Flush-type hydrants prohibited Repealed Installation of hydrants Special requirements for buildings set back from street line Hydrant accessibility Deadend mains prohibited Plan approval required prior to building permit issuance Violation Penalty Short title. This chapter shall be known and may be cited as the Puyallup fire flow and hydrant code. (Ord , 2004; Ord , 1982) Definitions. For the purposes of this chapter, the following words, terms, phrases, and their derivations shall have the meanings given in this section unless the context otherwise indicates. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word shall is always mandatory. (1) Approving authority means the (or a) fire code official of the city of Puyallup. (2) AWWA means the American Water Works Association. (3) City of Tacoma steamer thread means a thread conforming to the following specifications: thread outside diameter finished with inches cut off the top shall be 5.09 inches; diameter at the root of the thread with inches left in the valley shall be 4.74 inches; there shall be four threads per inch and the thread pattern

12 shall be modified 60 degree V thread; the total length of the threaded male nipple shall be one-and-one-eighth inches. (4) Fire code means the International Fire Code. (5) Fire department means the Puyallup fire department. (6) Fire flow means the measure of the sustained flow of available water for fire fighting at a specific building or within a specific area at 20 pounds per square inch residual pressure. (7) Fire code official means the city of Puyallup fire code official or their appointee. (8) Flush-type hydrant means a hydrant installed entirely below grade. (9) Private hydrant means a fire hydrant situated and maintained to provide water for fire fighting purposes with restrictions as to use. The location may be such that it is not readily accessible for immediate use by the fire authority for other than certain private property. (10) Public hydrant means a fire hydrant situated and maintained to provide water for fire fighting purposes without restriction as to use for that purpose. Public hydrants shall be normally placed on public rights-of-way. The location is such that it is accessible for immediate use of the fire authority at all times. (11) IBC means the International Building Code as adopted, including amendments, by the city of Puyallup. (12) UL means Underwriters Laboratories, Inc. (13) Water authority means the Puyallup water department or any other entity legally distributing water to fire hydrants within the city of Puyallup. (Ord , 2004; Ord , 1982) Hydrants required. All buildings constructed within the city shall be served by fire hydrants installed in accordance with the requirements of this chapter. In addition, presently existing fire hydrants which do not conform with the requirements and standards of this chapter, when replaced, shall be replaced with hydrants which do conform to the standards and requirements of this chapter. All fire hydrants shall be served by the Puyallup water department or an entity legally distributing water within the city. All hydrants shall be subject to testing, inspection and approval by the fire department. (Ord , 2004; Ord , 1982).

13 Fire flow requirements. (1) All new water mains installed within the city shall conform to the minimum sizing as established by the current comprehensive water plan of the appropriate water authority. (2) All hydrants newly installed in single-family residential areas shall be supplied by a water main of a minimum size of either eight inches in diameter for deadend mains and a minimum of six inches for circulating mains and shall be capable of delivering a minimum 1,000 gpm fire flow over and above average maximum demands at the farthest point of the installation. (3) All buildings shall have hydrants supplied by a water distribution system capable of delivering fire flows determined by the fire code official, based upon criteria set forth in the fire code, Appendix B, over and above average maximum demands at the farthest point of the system. (Ord , 2013; Ord , 2004; Ord , 1982) Flush-type hydrants prohibited. The installation of flush-type hydrants is prohibited unless approved by the fire code official. (Ord , 2004; Ord , 1982) Standards for public buildings. Repealed by Ord (Ord , 1982) Installation of hydrants. The installation of all fire hydrants shall be in accordance with standards adopted by the city. In addition, the following requirements shall apply to all building construction projects: (1) Two copies of detailed plans or drawings, accurately indicating the location of all valves and fire hydrants to be installed, shall be submitted to the city of Puyallup prior to the commencement of any construction. (2) All fire hydrants must be approved by the appropriate water authority prior to installation. (3) All construction of the fire hydrant installation and its attendant water system connection shall conform to the design standards and specifications promulgated by the appropriate water authority. (4) Fire hydrant installations shall be adequately protected against vehicular damage, in accordance with the standards and specifications promulgated by the appropriate water authority.

14 (5) An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. (6) All hydrants shall stand plumb, be set to the finished grade with the lowest outlet of the hydrant no less than 18 inches above the grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both outlets and on the control valve. (7) The steamer 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, all as determined by the fire code official. (8) 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 water main to hydrant shall be no less than eight inches in diameter. (9) All hydrants shall have at least five-and-one-quarter-inch minimum valve opening, O ring stem seal, two two-and-one-half-inch national standard thread hose ports, one four-inch mechanical joint show connection. In addition, all hydrants shall meet city of Puyallup standards for public hydrants. (10) All pipe shall meet city standards. (11) Public hydrants shall have an average spacing per Appendix C of the fire code. Additional public hydrants may be required by the fire code official based on topographic or unusual conditions. (12) Public hydrants in commercial, industrial and apartment (including duplex) use district zones shall have an average lateral spacing of 330 feet. Additional public hydrants may be required by the fire chief based on topographic or unusual conditions and requirements from the fire code including Appendix C. (13) Any public right-of-way which deadends in a residential zone which is over 500 feet long may be required to have a public hydrant at the end of the street which is served by an eight-inch water main. (14) Any portion of new single-family dwellings shall be within 600 feet from a public hydrant that is located on a fire apparatus access road. (15) Lateral spacing of fire hydrants shall be approved by the fire code official, and predicated on hydrants being located at street intersections.

15 (16) The appropriate water authority and the fire department shall be notified in writing of the date the fire hydrant installation and its attendant water connection system will the available for use. (17) The fire code official shall be notified when all newly installed hydrants or mains are placed in service. (Ord , 2004; Ord , 1991; Ord , 1982) Special requirements for buildings set back from street line. When the required fireflow is over 2,500 gpm, the fire code official may require the fire hydrants be served by a main which loops and reconnects back into a distribution supply main, and said hydrants shall be located as designated by the fire code official. The location of hydrants shall be based upon a determination of utility, topography and building location. Hydrants shall be a minimum of 50 feet away from the building or structure; minor deviations may be granted by the fire code official upon receipt of written requests therefor. (Ord , 2004; Ord , 1982) Hydrant accessibility. Hydrants shall not be obstructed by any structure or vegetation or have the hydrant visibility impaired in any direction or vehicular approach to the hydrant. (Ord , 2004; Ord , 1982) Deadend mains prohibited. Provisions shall be made wherever appropriate in any project for looping all deadend or temporarily deadend mains. A minimum 10-foot easement shall be required. Construction plans must be approved by the appropriate water authority prior to the commencement of construction. (Ord , 2004; Ord , 1982) Plan approval required prior to building permit issuance. (1) No building permit shall be issued until plans required under this chapter have been submitted and approved in accordance with the provisions contained in this chapter. (2) No vertical, combustible construction shall occur until required hydrants and mains are installed and approved by the fire code official or his designee. (3) No building shall be occupied prior to installation and approval of required hydrants and mains set forth in this chapter. (Ord , 2004; Ord , 1991; Ord , 1982).

16 Violation Penalty. (1) The following shall constitute a violation of this chapter or the fire code: (a) A violation of or failure to comply with any provision of this chapter or the fire code. (b) A violation of or failure to comply with any order entered or made pursuant to any provision of this chapter or the fire code. (c) Any building or rebuilding in violation of or contrary to plans submitted and approved or any certificate or permit issued pursuant to this chapter or the fire code. (2) With the exception of PMC , any violation of this chapter or the fire code shall constitute a Class 1 civil infraction pursuant to PMC ; provided, that a third or subsequent violation of the same provision of this chapter or the fire code shall be a misdemeanor punishable by imprisonment for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (3) Each violation of the provisions of this chapter or the fire code shall constitute a separate infraction or offense. (4) Each day that a particular violation exists shall constitute a separate infraction or offense. (5) In addition to any other penalties, the violator shall, as a condition of continued occupation of the property or structure in violation of this chapter or the fire code, immediately abate the violation. (6) To the extent that the penalties set forth in this section conflict with any penalty provisions of the fire code, this section shall prevail, and the conflicting provisions of the fire code are hereby repealed. (Ord , 2004; Ord , 1982).

17 Chapter SERVICING FIRST AID FIRE FIGHTING EQUIPMENT 1 Sections: Certificate of fitness Required Certificate Application Certificate Expiration and renewal Notice of cancellation Hearing Appeal Penalty for violation Certificate of fitness Required. It is unlawful for any person or persons engaging in the business of selling, installing, repairing or recharging any first aid fire fighting equipment in the city to install, repair or recharge such equipment until such person has first obtained from the chief of the fire department a certificate of fitness. (Ord , 1998) Certificate Application. Every person desiring to obtain a certificate of fitness shall make application in writing to the chief of the fire department, shall be over 18 years of age, and shall have taken and secured a passing grade from a certification agency recognized and acceptable to the chief of the fire department. A copy of such certification shall be provided to the city of Puyallup fire department. Examination shall cover the general field of first aid fire fighting equipment as detailed in Pamphlet #10, Standards for Portable Fire Extinguishers. After complying with these qualifications, and securing a current business license issued by the city of Puyallup clerk s office and copy of such business license provided to the fire department, will applicant then be allowed to perform service within the city s limits. (Ord , 1998) Certificate Expiration and renewal. All expired certificates of fitness shall be renewed upon application to the chief of the fire department after renewal from the original or any other certification agency accepted by the chief of the fire department and copy of such renewal provided to the city of Puyallup fire department. (Ord , 1998) Notice of cancellation Hearing Appeal. Whenever the chief of the fire department finds that any person holding a certificate of fitness has failed to use reasonable care in the servicing, inspection and installation of first aid fire fighting equipment, he shall give the licensee a notice in writing that his license will be canceled. The licensee shall have the right to a hearing

18 before the city council before such license shall be revoked. In event the city council finds cause to revoke the license, they shall give the licensee 10 days in which to appeal to the superior court of Pierce County; then, should he fail to appeal, the decision of the council shall be final. (Ord , 1998) Penalty for violation. Any person who violates the terms of this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000 and imprisonment not to exceed 30 days. (Ord , 1998). 1 Code reviser s note: Ord recodifies this chapter from Chapter 5.20 PMC.

19 Chapter SMOKE DETECTION DEVICES Sections: Adoption of statutory regulations Violation Penalty Adoption of statutory regulations. There is adopted by reference upon the effective date of this ordinance codified in this chapter and upon the filing of three copies thereof with the city clerk, RCW and Chapter WAC Smoke Detection Devices in Dwelling Units, together with an additions or amendments thereto. (Ord , 1982) Violation Penalty. Any person who violates any of the provisions of this chapter shall be punished by a fine of not more than $ (Ord , 1982).

20 Chapter FIRE ALARM SYSTEMS (Repealed by Ord. 2801)

21 Chapter FIREWORKS Sections: Adoption of sections of Revised Code of Washington by reference City Local public agency Local government Defined Local fire official Defined Designee Fire chief Common fireworks and special fireworks Additional definitions State license and city permit required Inspections required Copy of license to be filed Certificate of insurance required Activities to be conducted in a safe and reasonable manner Permit required for sales Application Retail fireworks stands Sale and discharge of fireworks Special purchase and use permits Permit for public display Agreement to confiscate and destroy illegal fireworks Alternative to seizure process Permit revocation Penalty Severability Adoption of sections of Revised Code of Washington by reference. The following laws contained within the Revised Code of Washington (RCW) are hereby adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full; provided, that any provision in the RCW dealing solely and exclusively with the investigation, prosecution, or sentencing of a felony crime is not adopted herein. RCW Definitions Fireworks Definitions Special fireworks Definitions Common fireworks Definitions Agricultural and wildlife fireworks.

22 Definitions Special effects Definitions Public display of fireworks Definitions Fire nuisance Definitions License Definitions Licensee Definitions Permit Definitions Person Definitions Importer Definitions Manufacturer Definitions Wholesaler Definitions Retailer Definitions Pyrotechnic operator Definitions New fireworks item Acts prohibited without appropriate licenses and permits Minimum age for license or permit Activities permitted without license or permit Application for permit Investigation, report on permit application Governing body to grant permits State-wide standards Liability insurance Public display permit Investigation Governing body to grant Conditions Public display permit Bond or insurance for liability Public display permit Granted for exclusive purpose Public display permit Amount of bond or insurance Duration of licenses and retail fireworks sales permits Wholesalers and retailers Liability insurance requirements Retailers Purchase from licensed wholesalers Sale of certain fireworks prohibited Authorized sales of toy caps, tricks, and novelties Public displays not to be hazardous Supervision of public displays Storage permit required Application Investigation Grant or denial Conditions Approved storage facilities required Seizure of fireworks Seizure of fireworks Proceedings for forfeiture Disposal of confiscated fireworks.

23 Prohibited transfers of fireworks Unlawful possession of fireworks Penalties Unlawful discharge or use of fireworks Penalty Forestry permit to set off fireworks in forest, brush, fallow, etc Unlawful sales or transfers of special fireworks Penalty Unlawful sales or transfers of common fireworks Penalty Unlawful transportation of fireworks Penalty Unlawful to permit fire nuisance where fireworks kept Penalty Manufacture or sale of fireworks for out-of-state shipment Special effects for entertainment media Penalty Violation a separate, continuing offense Civil enforcement not precluded Retailers to post list of fireworks. (Ord , 2002) City Local public agency Local government Defined. The terms city, local public agency, and local government, as used in the sections of Chapter RCW that are adopted by reference in this chapter, shall mean the city of Puyallup. (Ord , 2002) Local fire official Defined. The term local fire official, as used in the provisions of the Revised Code of Washington adopted by this chapter, shall mean the chief of the fire and emergency services department of the city of Puyallup. (Ord , 2002) Designee Fire chief. Pursuant to RCW , the city council hereby designates the fire chief or his or her designee as the person with authority to grant or deny permits that are sought pursuant to this chapter. (Ord , 2002) Common fireworks and special fireworks Additional definitions. (1) The term common fireworks, shall, in addition to the definition set forth in RCW , include the types of fireworks set forth in WAC

24 (2) The term special fireworks, shall, in addition to the definition set forth in RCW , include the types of fireworks set forth in WAC (Ord , 2002) State license and city permit required. (1) Pursuant to Chapter RCW and this chapter, a permit issued by the fire chief or his or her designee shall be required for any activity enumerated in RCW (1) or PMC (2) No permit for the activities set forth in RCW (1) shall be issued until: (a) A license issued by the Chief of the Washington State Patrol is filed with the fire chief or his or her designee; and (b) A certificate of insurance as required by PMC and Chapter RCW is filed. (Ord , 2002) Inspections required. Prior to the issuance of any permit, the fire chief or his or her designee shall perform an inspection of any structure or building intended for retail activity, wholesale activity, manufacturing activity, fireworks storage, or public display of fireworks, to determine whether such structures or buildings comply with the requirements of the Revised Code of Washington, the Washington Administrative Code or the city code. No permit shall be issued until such structures or buildings comply with applicable laws. (Ord , 2002) Copy of license to be filed. Any person who obtains a permit as required by this chapter shall file with the fire chief, a copy of each license for such activity required by Chapter RCW. (Ord , 2002) Certificate of insurance required. (1) As a condition of the issuance of any permit required by this chapter, and at all times during the sale, storage, or display of fireworks pursuant to the authority granted by a permit issued pursuant to this chapter, every retailer, wholesaler, manufacturer, or pyrotechnic operator operating within the city limits of Puyallup shall obtain and have in effect a bond or insurance in the amounts required by RCW , and The fire chief shall approve the bond or insurance if it meets the requirements of this section.

25 (2) Any certificate of insurance or bond required by this chapter or the sections of Chapter RCW adopted by this chapter shall provide that: (a) The insurer will not cancel the insured s coverage without 15 days prior written notice to the fire chief of the city of Puyallup and the Chief of the Washington State Patrol through the director of fire protection; (b) The city of Puyallup, its employees, officer, agents, volunteers, and officials are included as additional insureds; and (c) The city of Puyallup is not responsible for any premiums or assessments on the policy. (3) Nothing in this section shall relieve any person of the insurance requirements in Chapter RCW. (Ord , 2002) Activities to be conducted in a safe and reasonable manner. (1) All retailers of fireworks or persons publicly displaying fireworks shall be responsible for conducting activities in a manner that is safe and responsible and in compliance with all federal, state, and local laws and regulations. The issuance of any permit required by this chapter shall in no way relieve any person from the duty of complying with all federal, state, and local laws and regulations or conducting activities in a safe and reasonable manner. The issuance of a permit shall not be deemed an endorsement by the city of Puyallup of the activity engaged in. (2) The city shall not be liable to any person, corporation, entity or holder of property for any damage that is caused by or derived from the display of fireworks, and the person displaying fireworks assumes all risks of such display, and shall hold the city and its employees and officials harmless from any and all claims or causes of action for damage caused by or derived from such display. (Ord , 2002) Permit required for sales Application. An application for a permit to sell fireworks shall be made in writing to the fire chief or his or her designee no later than June 15th of the year for which permit is sought, on forms provided for that purpose. Permit fees, inspection, and plan review charges shall be charged as required by resolution of the city council. The fire chief or his or her designee shall deny or grant any such application in writing. The fire chief or his or her designee may place reasonable conditions on any permit issued. The person applying for a permit may appeal in writing the denial of the permit or the conditions of the permit to the fire chief. The appeal shall be based solely upon

26 written information provided by the applicant and information obtained or held by the fire chief, and no hearing shall be required. The determination of the fire chief of the appeal shall be final. (Ord , 2002) Retail fireworks stands. The following requirements shall apply to the operation of retail fireworks stands (hereinafter stand ): (1) Prior to opening for business, a stand must be inspected and approved by the fire chief or his or her designee. (2) Inspections of stands shall not be conducted until the fire chief or his or her designee has received the following: (a) A temporary use application; (b) Documentation of approval by the community development department; (c) A business license; (d) A copy of the state license required by Chapter RCW; and (e) Proof of insurance as required by PMC (3) Fire lanes and hydrants shall be maintained clear of obstruction and provide access at all times. (4) No decorations shall be used unless flameproof. (5) Electrical extension cords shall not be used without specific approval of the State Electrical Inspector or the fire chief or his or her designee. (6) No stand shall be located within 25 feet of any other building, including motor homes and trailers, nor within 50 feet of any gasoline or LPG dispensing device. (7) Each stand shall have at least two exits. Exits must be doors that open outward and must be clear and unlocked when the stand is occupied. (8) Each stand shall have at least two properly operating 2A, 20BC extinguishers mounted on the stand and easily accessible. Occupants must be physically capable of using the extinguishers, and must know how to operate the extinguishers.

27 (9) Smoking is prohibited inside stands and within 25 feet of the exterior of stands. No Smoking signs shall be posted on the exterior front, back and sides, and interior of the stand. (10) No stand shall be located closer than 600 feet from another stand. (11) All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand. (12) Stands shall be operated by adults, 18 years of age or older only. No fireworks shall be left unattended in a stand. (13) Every stand shall have a sign stating: NO FIREWORKS MAY BE SOLD TO ANY PERSON UNDER THE AGE OF SIXTEEN YEARS. THE DISCHARGE OF FIREWORKS IS ONLY PERMITTED BETWEEN THE HOURS OF 9:00 A.M. AND 11:00 P.M. ON JULY 4. PUYALLUP MUNICIPAL CODE SECTION Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting colors, readily readable from at least 10 feet. Signs shall be affixed to the front of the stand and shall be visible to the public at all times the stand is open for business. (14) Overnight sleeping in a stand is prohibited. (15) Heating appliances are prohibited in stands. (16) All unsold fireworks, accompanying litter, and the stand shall be removed from the location by 12:00 noon on the 6th of July each year. (Ord , 2002) Sale and discharge of fireworks. (1) Except as permitted by this chapter and state law, it is unlawful to possess, discharge or sell at wholesale or retail any fireworks other than common fireworks. (2) No common fireworks shall be sold or offered for sale at retail within the city except from 12:00 noon on the twenty-eighth day of June to 9:00 p.m. on the fourth day of July of each year. No common fireworks may be sold between the hours of 11:00 p.m. and 9:00 a.m. (3) It is unlawful for a person to ignite, discharge, use or explode any common fireworks except between the hours of 9:00 a.m. and 11:00 p.m. on July 4th.

28 (4) It is unlawful for any person to discharge fireworks on the property of another without permission of the owner of such property. It is unlawful for any person to discharge fireworks in a public park unless a written permit has been obtained by park commissioners. It is unlawful for any person to discharge fireworks on city property that is not a park without the express written permission of the city council. (5) No person shall sell any common fireworks to a consumer or user thereof under the age of 16 years. (6) No person under the age of 16 years shall possess or discharge any fireworks unless directly supervised by an adult who is responsible for the person under the age of 16 years. (7) The transfer of fireworks ownership, whether by sale at wholesale or retail, by gift or by other means of conveyance of title, or the delivery of any fireworks to any person who does not possess a valid permit at the time of such transfer where a permit is required by this chapter, is prohibited. (8) The sale, transportation, possession, or discharge of fireworks not marked with the manufacturer s license number and State Fire Marshal s classification, as required by Chapter RCW is prohibited. (9) This section shall take precedence over and shall preempt any conflicting provision of the Revised Code of Washington or the Washington Administrative Code. (Ord , 2002) Special purchase and use permits. (1) Religious organizations or private organizations or persons may purchase or use common fireworks on dates and at times other than that specified in PMC if: (a) Purchased from a manufacturer, importer or wholesaler licensed pursuant to Chapter RCW; (b) For use on prescribed dates and locations; (c) For religious or specific purposes; and (d) A permit is obtained from the fire chief or his or her designee. (2) Applications for a permit required under this section shall be made in writing to the fire chief or his or her designee on forms provided for that purpose and shall be accompanied by a fee as required by resolution for each private or religious use of fireworks authorized by this section. The fire chief or his or her designee shall investigate whether the character and location of the proposed use would be hazardous or dangerous to any

29 person or property. Based on such investigation, the fire chief or his or her designee may grant or deny such permit and may place reasonable conditions on any permit issued. (3) No permit issued pursuant to this section shall be transferable. If such permit is issued it shall be lawful only for the prescribed uses. A permit authorized by this section shall not be issued unless the applicant is over the age of 18 years. (Ord , 2002) Permit for public display. (1) An application to make a public display of fireworks shall be made in writing to the fire chief or his or her designee on forms provided for that purpose and shall be accompanied by a fee as required by resolution for each display. Application shall be submitted at least 10 days in advance of the proposed display. (2) The fire chief or his or her designee shall investigate whether the character and location of the display would be hazardous or dangerous to any person or property. (3) If the fire chief or his or her designee grants a permit for the public display of fireworks, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit shall be transferable. Every public display of fireworks shall be conducted or supervised by a competent and experienced pyrotechnic operator approved by the fire chief or his or her designee. (4) The person applying for a permit may appeal in writing the denial of the permit or the conditions of the permit to the fire chief. The appeal shall be based solely upon written information provided by the applicant and information obtained or held by the fire chief, and no hearing shall be required. The determination of the fire chief of the appeal shall be final. (Ord , 2002) Agreement to confiscate and destroy illegal fireworks Alternative to seizure process. (1) In lieu of the formal seizure and forfeiture process set forth in RCW and , the city and the person possessing or selling fireworks subject to seizure may enter an agreement wherein the city agrees to confiscate and destroy the fireworks subject to seizure. (2) An agreement made pursuant to this section vests all right, title and possession in the fireworks with the fire chief or his or her designee. The fireworks may be immediately destroyed or otherwise disposed of at the discretion of the fire chief or his or her designee. (Ord , 2002).