The purpose of the codes and regulations adopted in this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Port Orchard. It is not the purpose or intent to create or designate any class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual.
(Ord. 019-17 § 18 (Exh. 1); Ord. 066-21 § 2 (Exh. A))
All permits issued pursuant to the codes adopted by reference in this chapter shall follow a Type I permit process pursuant to Chapter 20.22 POMC. However, the time limits for permit issuance found in Chapters 20.22 and 20.24 POMC, as amended in accordance with RCW 36.70B.080, shall not apply to permits issued pursuant to the codes adopted by reference in this chapter, pursuant to the changes to the definition of "Project Permit" found in RCW 36.70B.020 as modified by SSSB 5290 (2023).
(Ord. 019-17 § 18 (Exh. 1); Ord. 066-21 § 2 (Exh. A); Ord. 019-24 § 20)
Pursuant to RCW 35A.12.140, the city of Port Orchard hereby adopts the following codes of technical compliance by reference, which are incorporated herein; provided, that the amendments, deletions, and additions thereto as provided in this chapter shall govern over the published provisions of the respective adopted code:
(1) 
The 2021 Edition of the International Building Code as published by the International Code Council (ICC), including Appendix E, as adopted and amended by the Washington State Building Code Council (WSBCC) in WAC 51-50-003, is hereby adopted by reference. Additionally, Appendix B of the 2021 International Building Code is adopted by reference by the city of Port Orchard;
(2) 
The 2021 Edition of the International Residential Code as published by the ICC and as adopted and amended by the WSBCC in WAC 51-51-003. Additionally, Appendix M of the International Residential Code is adopted by reference by the city of Port Orchard;
(3) 
The 2021 Edition of the International Mechanical Code, as published by the ICC, as adopted and amended by the WSBCC in WAC 51-52-003, is hereby adopted by reference by the city of Port Orchard;
(4) 
The 2021 Edition of the International Fire Code, as published by the ICC, as adopted by the WSBCC in Chapter 51-54A WAC, is hereby adopted by reference. Additionally, Appendix B of the International Fire Code is adopted by reference by the city of Port Orchard and portions of Appendix D are adopted as shown in POMC § 20.200.016;
(5) 
The 2021 Edition of the Wildland Urban-Interface Code as published by the ICC, as adopted by the WSBCC in Chapter 51-55 WAC, is hereby adopted by reference;
(6) 
The 2021 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, and as adopted and amended by the WSBCC in WAC 51-56-003, is hereby adopted by reference;
(7) 
The 2021 Edition of the International Energy Conservation Code, Commercial, as adopted and amended by the Washington State Building Code Council in Chapter 51-11C WAC;
(8) 
The 2021 Edition of the International Energy Conservation Code, Residential, as adopted and amended by the Washington State Building Code Council in Chapter 51-11R WAC;
(9) 
The 2021 Edition of the International Property Maintenance Code, as published by the ICC; and
(10) 
The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings together with the appendices, as published by the International Conference of Building Officials, is hereby adopted, except that references to the uniform codes shall be replaced with the appropriate technical codes and sections as adopted by the city.
A copy of the codes referenced herein shall be kept on file with the city clerk.
(Ord. 019-17 § 18 (Exh. 1); Ord. 004-21 § 1; Ord. 066-21 § 2 (Exh. A); Ord. 013-23 § 1; Ord. 015-23 § 1; Ord. 028-23 § 1)
In case of conflict among any of the codes referenced in POMC § 20.200.008 as adopted and subsequently amended by this chapter, the first named code as located in POMC § 20.200.008 and the amendments thereto shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply.
(Ord. 019-17 § 18 (Exh. 1); Ord. 066-21 § 2 (Exh. A))
(1) 
IBC Section 101.1 is amended as follows:
101.1 Title. These regulations shall be known as the Port Orchard Building Code herein referred to as "this code."
(2) 
IBC Section 105.2, entitled "Work exempt from permit," subsection "Building:" is hereby amended to read as follows:
Building:
(1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2).
(2) Fences not over 6 feet high.
(3) Oil derricks.
(4) Retaining walls which are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.
(5) Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1.
(6) Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.
(7) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
(8) Temporary motion picture, television and theater stage sets and scenery.
(9) Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.
(10) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.
(11) Swings and other playground equipment accessory to detached one- and two-family dwellings.
(12) Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies.
(13) Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height.
(3) 
IBC Section 105.5, entitled "Expiration," is hereby amended to read as follows:
105.5 Expiration.
A. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
B. Notwithstanding the above, if the City has issued a Land Disturbing Activity Permit and/or Stormwater Drainage Permit under Chapters 20.140 and/or 20.150 POMC in conjunction with a building permit for the same site, then the building permit shall expire concurrent with and under the same terms as set forth in Chapters 20.140 and/or 20.150 POMC as the issued Land Disturbing Activity Permit and/or Stormwater Drainage Permit.
(4) 
IBC Section 111.1 is amended to read as follows:
111.1 Use and Occupancy.
A. A building or structure shall not be used or occupied in whole or in part, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.
B. When a building is constructed with future tenant spaces to be finished or occupied at a later date, a shell only certificate of occupancy shall be issued. A separate tenant improvement permit is required for each tenant space prior to any tenant occupancy.
C. A certificate of occupancy shall be required prior to occupancy when there is a change in tenant whether or not construction or alterations are performed or proposed and regardless of the use or occupancy classification.
Exceptions:
1. R-3 occupancies.
2. Group U occupancies.
3. Individual dwelling units of R-1 and R-2 occupancies.
4. Individual rental units of mini-storage buildings with S occupancy classification.
5. A second business in the same location as another tenant with the same use classification which already has a Certificate of Occupancy for the space.
6. Individual business license holders within a space with a current Certificate of Occupancy.
7. A business that changes ownership but does not change location, business name, use, or make any structural changes. The new owner is required to provide ownership and business license information to the Department of Community Development Permit Center. An updated certificate will be issued to the new owner.
8. A business that changes its name but does not change location, ownership, use, or make any structural changes. The owner is required to provide updated business license information showing the name change to the Department of Community Development Permit Center. An updated certificate will be issued with the new business name.
D. When a Certificate of Occupancy is required, or a business's ownership or name is changed, an application shall be submitted to the Department of Community Development Permit Center using the applicable city form, along with supporting documentation as required. The fee shall be as adopted under the city's current fee schedule resolution.
(5) 
IBC 903.2.1.1 is hereby adopted to read as follows:
903.2.1.1 Group A-l. An automatic sprinkler system shall be provided for Group A-l occupancies where one of the following conditions exists:
An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 10,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more;
3. The fire area is located on a floor other than the level of exit discharge; or
4. The fire area contains a multi theater complex.
(6) 
IBC Section 903.2.1.3 is hereby adopted to read as follows:
903.2.1.3 Group A-3.
An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 10,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
Exception: For fixed guideway transit and passenger rail system stations, an automatic sprinkler system shall be provided in accordance with Section 3116.
(7) 
IBC Section 903.2.1.4 is hereby adopted to read as follows:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists:
An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 10,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
(8) 
IBC Section 903.2.13 is hereby adopted to read as follows:
903.2.13 Group B. An automatic sprinkler system shall be provided for Group B occupancies where the fire area exceeds 10,000 square feet.
(9) 
IBC Section 903.2.4 is hereby adopted to read as follows:
903.2.4 Group F. An automatic sprinkler system shall be provided throughout all buildings containing Group F occupancy where one of the following conditions exists:
1. Where a Group F fire area exceeds 10,000 square feet (929 m2);
2. Where a Group F fire area is located more than three stories above grade plane.
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2).
(10) 
IBC Section 903.2.7 is hereby adopted to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:
1. Where a Group M fire area exceeds 10,000 square feet (929 m2);
2. Where a Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2).
(11) 
903.2.9 Group S-1 is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
1. A Group S-1 fire area exceeds 10,000 square feet (929 m2).
2. A Group S-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines exceeds 24,000 square feet (2,230 m2).
(Ord. 019-17 § 18 (Exh. 1); Ord. 038-19 § 1; Ord. 066-21 § 2 (Exh. A); Ord. 006-24 § 1)
(1) 
IRC Section 101.1 is amended as follows:
101.1 Title. These regulations shall be known as the Port Orchard Residential Code for One- and Two-Family dwellings and will be referred to herein as "this code."
(2) 
IRC Section 105.2, entitled "Work exempt from permit," subsection "Building:" is hereby amended to read as follows:
Building:
(1) Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 200 square feet (18.58 m2).
(2) Fences not over 6 feet (2,134 mm) high.
(3) Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
(4) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
(5) Sidewalks and driveways.
(6) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
(7) Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
(8) Swings and other playground equipment.
(9) Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
(10) Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
(11) Roof covering replacement (re-roofing) provided the roof area does not exceed 2,100 square feet (21 squares) and further provided the existing sheathing remains in place and no structural work is performed.
(12) Residential siding replacement providing the area does not exceed 1,000 square feet and further provided the existing sheathing remains in place and no structural work is performed.
The remainder of Section 105.2 remains unamended.
(3) 
IRC Table R301.2(1) is hereby amended by adding the following into the corresponding table blanks:
(i) Ground Snow Load = 25 lbs psf
(ii) Wind Speed = 110 mph
Topographic Effects = No
Special Wind Region = No
Wind-Born Debris Zone = No
(iii) Seismic Design Category = D2
(iv) Weathering = Moderate
(v) Frost Line Depth = 12 inches
(vi) Termite = Slight to Moderate
(vii) Decay = Moderate to Severe
(ix) Winter Design Temp = 26
(x) Ice Shield Underlayment Required = No
(xi) Flood Hazards = (a) 1980, (b) 1980
(xii) Air Freezing Index = 148
(xiii) Mean Annual Temp = 51.4
(Ord. 019-17 § 18 (Exh. 1); Ord. 066-21 § 2 (Exh. A); Ord. 006-24 § 2)
(1) 
IFC Section 101.1 is amended as follows:
101.1 Title. These regulations shall be known as the Port Orchard Fire Code and will be referred to herein as "this code."
(2) 
IFC Section 202 is amended as follows:
(1) Whenever "municipality" is used in the International Fire Code, it means the city of Port Orchard.
(2) Whenever "jurisdiction" is used in the International Fire Code, it means the City of Port Orchard.
(3) Whenever "department of fire prevention" is used in the international Fire Code, it means the fire department serving the jurisdiction.
(4) Whenever "Fire Code Official" is used in the international Fire Code it means the Building Official or other designated authority charged with the administration and enforcement of the code, or a duly authorized representative.
(5) Whenever "counsel" is used in the code, it means the city attorney.
(6) Whenever "police" is used in the code, it means the city of Port Orchard police department.
(7) Whenever "governing body" is used in the International Fire Code, it means the city council of Port Orchard.
(3) 
IFC Section 503 is hereby adopted to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3.
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every building, facility or portion of building or facility hereafter constructed or moved into or within the jurisdiction. The fire apparatus access shall comply with the requirements of this section and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building or facility.
Exceptions:
1. The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur:
1.1 The building is equipped with an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
1.2 Fire apparatus access roads cannot be installed because of location on property, topography, critical areas, waterways, non-negotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.
1.3 There are not more than two (2) Group R-3 (single-family dwellings) or Group U occupancies.
1.4 Where the fire apparatus access road serves only residential accessory building/occupancies (private garages, carports, sheds, agricultural buildings), as defined by the International Building Code.
2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.
503.1.2 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.
503.1.3 High-piled storage. Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions of Chapter 32.
503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8.
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), inclusive of bike lanes, shoulders, flat and mountable curbs exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm).
503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction.
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds (34,050 kg).
503.2.4 Turning Radius: The required turning radius of a fire apparatus access road shall be consistent with the city's public works standards and where no standard is specified in the public works standards, shall be determined by the fire code official.
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) in length shall be provided with an approved area for turning around fire apparatus.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official.
503.2.7. Grade. The grade (slope) of fire apparatus access roads shall not exceed 12% as measured from the roadway centerline. At no point along the centerline shall the road grade exceed 12%.
Exception: The grade of the fire apparatus access road may be increased if buildings or facilities are equipped with an approved automatic fire sprinkler system when approved by the fire district chief and Fire Code Official.
503.2.8 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.
503.3 Marking. 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.
503.4 Obstructions 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 503.2.1 shall be maintained at all times. When posted in accordance with section 503.3, owners or operators of vehicles shall be liable for a fine in accordance with Chapter 10.12 POMC. The Police Department may assist the Fire Code Officials with enforcement of this section.
503.4.1 Traffic calming devices. Traffic calming devices shall be prohibited unless approved by the Public Works Director after soliciting input on the proposed device from the Fire Chief and Fire Code Authority.
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
503.5.1 Secured gates and barricades. Where required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official.
Exception: The restriction on use shall not apply to public officers acting within the scope of duty.
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. 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 operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
503.7 Residential Non-Conforming Existing Private Access. Group R-3, R-4, or Group U occupancies allowed on an existing, non-conforming private access if a residential sprinkler system is installed in each new structure.
Exception: There are not more than two Group R-3, R-4, or Group U occupancies.
(4) 
903.2.1.1 Group A-l is hereby adopted to read as follows:
An automatic sprinkler system shall be provided for Group A-l occupancies where one of the following conditions exists:
An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 10,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more;
3. The fire area is located on a floor other than the level of exit discharge; or
4. The fire area contains a multi theater complex.
(5) 
903.2.1.3 Group A-3 is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 10,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
Exception: For fixed guideway transit and passenger rail system stations, an automatic sprinkler system shall be provided in accordance with Section 4901.
(6) 
903.2.1.4 Group A-4 is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 10,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
(7) 
903.2.13 Group B. An automatic sprinkler system shall be provided for Group B occupancies where the fire area exceeds 10,000 square feet.
(8) 
903.2.4 Group F is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout all buildings containing Group F occupancy where one of the following conditions exists:
1. Where a Group F fire area exceeds 10,000 square feet (929 m2);
2. Where a Group F fire area is located more than three stories above grade plane.
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2).
(9) 
903.2.7 Group M is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:
1. Where a Group M fire area exceeds 10,000 square feet (929 m2);
2. Where a Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2,230 m2).
(10) 
903.2.9 Group S-1 is hereby adopted to read as follows:
An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
1. A Group S-1 fire area exceeds 10,000 square feet (929 m2).
2. A Group S-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines exceeds 24,000 square feet (2,230 m2).
4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2).
(11) 
Appendix D. The following sections of IFC Appendix D are hereby adopted to read as follows:
D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code as adopted and amended in this chapter.
D102.1 Access and Loading. [This section is not adopted].
D103.1 Access road width with a hydrant. [This section is not adopted]
D103.2. Grade. [This section is not adopted]
D103.3 Turning Radius. [This section is not adopted]
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4.
D103.5. Fire apparatus access gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria:
1. Where a single gate is provided, the gate width shall be not less than 20 feet (6,096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 12 feet (3,658 mm).
2. Gates shall be of the horizontal swing, horizontal slide, vertical lift or vertical pivot type.
3. Construction of gates shall be of materials that allow manual operation by one person.
4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official.
6. Methods of locking shall be submitted for approval by the fire code official.
7. Electric gate operators, where provided, shall be listed in accordance with UL 325.
8. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
D103.6. Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING—FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2.
FIGURE D103.6 FIRE LANE SIGNS
D104. [This section is not adopted]
D105. Aerial Fire Apparatus Access Road.
D105.1 Where required. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9,144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater.
D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 20 feet (7,925 mm), inclusive of bike lanes, shoulders, flat and mountable curbs, in the immediate vicinity of the building or portion thereof.
D105.3 Proximity to building. One or more of the required access routes meeting this condition shall be located not less than 15 feet (4,572 mm) and not greater than 30 feet (9,144 mm) from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official.
D105.4 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official.
D106 [This section is not adopted]
D107 [This section is not adopted]
(Ord. 066-21 § 2 (Exh. A); Ord. 006-24 § 3)
Whenever the fire code authority shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the codes do not apply or that the true intent and meaning of the codes have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire authority within 30 days from the date of the decision in accordance with Section 111 of the 2021 Edition of the International Fire Code, as adopted herein.
(Ord. 066-21 § 2 (Exh. A); Ord. 050-22 § 14; Ord. 013-23 § 2; Ord. 015-23 § 1; Ord. 028-23 § 1; Ord. 006-24 § 4)
(1) 
Any person who shall violate any of the provisions of the codes hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed herein, shall for each and every such violation and noncompliance respectively be subject to the penalties and provisions specified in POMC § 20.200.022.
(2) 
Each day or portion of a day in which a violation occurs or is allowed to continue shall constitute a separate offense and may be punished as such.
(Ord. 066-21 § 2 (Exh. A))
(1) 
Civil Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of this chapter, as specified in POMC § 20.200.020, shall constitute a civil infraction subject to a penalty in the amount of $250.00, not including statutory penalties, per violation;
(2) 
Criminal Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of this chapter, as specified in POMC § 20.200.020, shall constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment;
(3) 
Nuisance, Abatement, and Injunctive Relief. In addition or alternative to any other provision of this chapter, any violations of this chapter, or of any lawful notice or order issued hereunder, shall constitute a public nuisance. The fire code authority or designee shall have the right to seek injunctive relief in a court of competent jurisdiction, to abate such violation as a public nuisance or dangerous building, or to exercise any and all other legal remedies to stop and/or correct such violations;
(4) 
Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the director or their designee may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of the provisions of this chapter;
(5) 
Other Remedies. In addition or as an alternative to any other remedies provided herein, the fire code authority or designee may issue stop work orders, notices to vacate and/or keep out, and other lawful notices and orders. Any person removing such notices and orders without the permission of the fire authority or designee shall be guilty of a misdemeanor; and
(6) 
Recovery of Expenses. All expenses incurred by the city in correcting the violation shall be billed to the property owner and/or person responsible for the violation, and shall become due and payable to the city within 10 calendar days. Such costs may include, but are not limited to, the following:
(a) 
"Legal expenses,"
which shall include, but are not limited to:
(i) 
Personnel costs, both direct and indirect, including attorney's fees and all costs incurred by the city attorney's office or its designee;
(ii) 
Actual and incidental expenses and costs incurred by the city in preparing notices, contracts, court pleadings, and all other necessary documents; and
(iii) 
All costs associated with retention and use of expert witnesses or consultants;
(b) 
"Abatement expenses,"
which shall include, but are not limited to:
(i) 
Costs incurred by the city for preparation of notices, contracts, and related documents;
(ii) 
All costs associated with inspection of the abated property and monitoring of said property consistent with orders of compliance issued by the city's hearing examiner or a court of competent jurisdiction;
(iii) 
All costs incurred by the city for hauling, storage, disposal, or removal of vegetation, trash, debris, dangerous structures or structures unfit for occupancy, potential vermin habitat or fire hazards, junk vehicles, obstructions to public rights-of-way, and setback obstructions;
(iv) 
All costs incurred by law enforcement or related enforcement agencies;
(v) 
All costs incurred by the city during abatement of nuisance and code violations may include interest in an amount as prescribed by law; and
(c) 
The city shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity.
(Ord. 066-21 § 2 (Exh. A); Ord. 017-23 § 1 (Exh. A))