Loading...
HomeMy WebLinkAbout04 bremerton0804_supp4SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 4 – August 2004 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material which should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes all legislation passed up to and including Ordinance 4904, passed June 23, 2004. Remove these pages Insert these pages Title 1 Table of Contents .......................... Table of Contents — ..................................................................... 1.02-1 Title 2 Table of Contents .......................... Table of Contents 2.02-1 ............................................................... 2.02-1 2.04-1 ..................................................................... — 2.05-1 ............................................................... 2.05-1 2.08-1 ..................................................................... — 2.09-1 ................................................ 2.09-1 – 2.09-2 2.13-3 – 2.13-4 .................................. 2.13-3 – 2.13-4 2.78-1 – 2.78-3 ................................................. 2.78-1 Title 3 3.50-1 – 3.50-3 .................................. 3.50-1 – 3.50-3 3.86-5 – 3.86-7 .................................. 3.86-5 – 3.86-7 Title 6 6.32-1 – 6.32-2 .................................. 6.32-1 – 6.32-2 Title 9 Table of Contents .......................... Table of Contents — ...................................................... 9.32-1 – 9.32-2 Title 10 Table of Contents .......................... Table of Contents 10.11-1 – 10.11-3 .......................... 10.11-1 – 10.11-3 Title 11 11.02-7 – 11.02-8 .......................... 11.02-7 – 11.02-8 11.08-1 – 11.08-3 .......................... 11.08-1 – 11.08-3 (Revised 8/04) Updated by: _______ Dated: ____________ Remove these pages Insert these pages Title 17 17.04-1 – 17.04-4 ........................ 17.04-1 – 17.04-12 Title 18 18.02-1 – 18.02-5 ........................ 18.02-1 – 18.02-17 Title 21 21.02-1 – 21.02-2.1 ....................... 21.02-1 – 21.02-2 21.02-7 – 21.02-8 .......................... 21.02-7 – 21.02-8 21.02-13 – 21.02-16 ............... 21.02-13 – 21.02-16.1 21.02-43 – 21.02-44 .................. 21.02-43 – 21.02-44 21.02-49 – 21.02-50 ............... 21.02-49 – 21.02-50.1 Title 21 Appendix 152(b)-1 ....................................................... 152(b)-1 840-1 ................................................................. 840-1 895(a)-1 – 895(a)-2 .................... 895(a)-1 – 895(a)-2 Tables 1 – 2 ................................................................... 1 – 2 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 8/04) (Revised 8/04) Title 1 GENERAL PROVISIONS Chapters: 1.01 CODE ADOPTION 1.02 CITY BUSINESS HOURS 1.04 CODE ENFORCEMENT 1.06 PUBLIC RECORDS INDEXES AND RECORDS REQUESTS UNDER THE PUBLIC DISCLOSURE ACT 1.12 PROSECUTION FOR VIOLATIONS 1.02-1 (Revised 8/04) Chapter 1.02 CITY BUSINESS HOURS Sections: 1.02.010 CITY OFFICE HOURS. 1.02.020 LEGAL HOLIDAYS. 1.02.010 CITY OFFICE HOURS. City offices, which routinely conduct business with the public, shall be open for the transaction of business between the hours of 8:00 a.m. and 5:00 p.m. of each business day from Monday through Friday, unless oth- erwise posted. These offices shall be closed on Satur- day, Sunday and holidays. (Ord. 4889 §1, 2004; Ord. 4384 §1, 1992; Ord. 4374 §2 (in part), 1992. Formerly 2.02.010) 1.02.020 LEGAL HOLIDAYS. (a) The following holidays are adopted as legal holidays for the City: The first day of January (New Year’s Day); the third Monday of January (Martin Luther King, Jr.’s Birthday); the third Monday of Feb- ruary (President’s Day); the last Monday of May (Memorial Day); the fourth day of July (Independence Day); the first Monday in September (Labor Day); the eleventh day in November (Veteran’s Day); the fourth Thursday and Friday in November (Thanksgiving holi- day); the twenty-fifth day of December (Christmas Day); and any other day designated by public proclama- tion of the Chief Executive of the State as a legal holiday or as a day of thanksgiving. (b) Whenever a legal holiday falls upon a Sunday, the following Monday shall be a legal holiday, and whenever any legal holiday falls upon a Saturday, the preceding Friday shall be a legal holiday. (Ord. 4889 §1, 2004; Ord. 4374 §2 (in part), 1992. Formerly 2.02.020) (Revised 8/04) Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.01 ELECTED OFFICIALS - PERS 2.02 CITY COUNCIL 2.03 MAYOR 2.05 DEPARTMENTS AND DIRECTORS 2.06 OFFICE OF THE CITY ATTORNEY 2.07 ECONOMIC DEVELOPMENT DEPARTMENT 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES 2.11 TRAFFIC SAFETY COMMISSION 2.12 PLANNING COMMISSION 2.13 ADMINISTRATIVE HEARING EXAMINER 2.14 INVESTMENT COMMITTEE 2.15 DEPARTMENT OF COMMUNITY DEVELOPMENT 2.16 FIRE DEPARTMENT 2.17 PARKS AND RECREATION DEPARTMENT 2.18 AUDIT COMMITTEE AND CITY AUDITOR 2.19 POLICE DEPARTMENT 2.20 BONDS FOR OFFICERS 2.22 HUMAN RESOURCES DEPARTMENT 2.26 EMERGENCY MANAGEMENT ORGANIZATION 2.28 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM 2.30 OFFICE OF CIVIL SERVICE 2.46 EMPLOYEE AWARD PROGRAM 2.48 EMPLOYEES IN MILITARY 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM 2.62 BREMERTON MUNICIPAL COURT 2.74 TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT 2.76 PURCHASING PROCEDURES 2.78 REAL PROPERTY TRANSACTIONS 2.79 PERSONAL PROPERTY DISPOSAL 2.88 DISABILITY ACTION COMMITTEE 2.90 INDEMNITY OF PERSONNEL 2.92 OFFICE OF RISK MANAGEMENT AND SAFETY 2.96 CODE OF ETHICS 2.98 BREMERTON RESERVE OFFICER BOARD OF TRUSTEES 2.100 PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE 2.02-1 (Revised 8/04) Chapter 2.02 CITY COUNCIL Sections: 2.02.010 MEETINGS. 2.02.020 COUNCIL MEMBER SALARY SCHEDULE. 2.02.010 MEETINGS. (a) Regular Meetings. The time and place of the regular meeting of the City Council required by Charter shall be each Wednesday at 5:30 p.m. at the designated Council Chambers or the City Council Conference Room, City Hall, Bremerton, Washington or any other place within the corporate limits of the City as provided in the public notice of meeting; provided, however, if such meeting day falls upon a legal holiday, then pursu- ant to RCW 42.30.070 such regular meeting shall be held on the next business day. (b) Agendas and Notice of Regular Meetings. A regularly scheduled City Council meeting may consist of a business meeting and/or study session, a combina- tion thereof, or any other format as established by the City Council. Notices of agendas of all regular meetings shall be posted at City Hall and delivered to the local television station and local newspaper of general circu- lation by mail, facsimile or other similar means. Agen- das for City Council business meetings shall be in a format established by City Council rules and proce- dures. (c) Pre-Council Meetings. The City Council shall meet at five p.m. on the same day, immediately prior to the regular weekly council meetings, for a pre-Council meeting to discuss the agenda for such regular meeting and/or other administrative matters. (d) Special Meetings. Pursuant to RCW 42.30.080, special meetings of the City Council may be held, after public notice has been given, at a time and place as specified in the notice of meeting. (e) Committees. The City Council may, by rule or procedure, establish council committees, and proce- dures for such committees, to assist the City Council in conducting its business. (f) Changes to Meeting Schedules and Format. Changes to the time, place and format (such as agendas) of any Council meeting may be changed by the Council subject to the provisions of the City Charter and State law relating to Council meetings. (g) Rules and Procedures. The City Council may adopt any rules and procedures it deems appropriate to implement the provisions of the City Charter and this chapter relating to Council meetings and Council busi- ness. (Ord. 4889 §2, 2004; Ord. 4805, Amended, 06/16/2002; Ord. 4765, Amended, 07/06/2001; Ord. 4666, Amended, 10/17/1999; Ord. 4129 §1, 1987; Ord. 3760, 1982; Ord. 3392 §1, 1977; Ord. 2987 §1, 1971; Ord. 2669 §1 (in part), 1966. Formerly 2.04.010) 2.02.020 COUNCIL MEMBER SALARY SCHEDULE. Council member salary schedules shall be estab- lished and filed with the City Clerk by the Bremerton Citizen’s Commission on Council Salaries pursuant to the Charter. (Ord. 4889 §2, 2004; Ord. 4805, Amended, 06/16/2002; Ord. 4611, Added, 01/01/1998. Formerly 2.04.040) 2.05-1 (Revised 8/04) Chapter 2.05 DEPARTMENTS AND DIRECTORS Sections: 2.05.010 DEPARTMENTS. 2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS. 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: (Ord. 4900 §2, 2004; Ord. 4810, Added, 09/14/2002) 2.05.020 APPOINTMENT AND CONFIRMA- TION OF DEPARTMENT DIREC- TORS. (a) Mayoral appointments of department directors shall be subject to confirmation by the City Council. Prior to an appointment or a provisional appointment to a newly created department director’s position or prior to confirmation of an appointment to a vacancy of department director’s position, a job description for the position as well as the anticipated employment contract, if any, shall be submitted to the City Council for review and approval. The appointment and confirmation shall be pursuant to the terms and conditions as approved by the City Council. The Mayor may make provisional appointments to fill the vacancy of a department direc- tor. No provisional appointment(s) to a non-civil service department director’s position shall extend beyond one hundred twenty (120) days from the date of original appointment without the consent of the City Council. Provisional appointments to a civil service department director’s position shall be made pursuant to civil ser- vice rules. Upon the provisional appointment to a vacancy, the Administration shall notify City Council of such appointment. (b) The appointees, when confirmed, shall serve as “at will” employees subject to termination by the Mayor without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Coun- cil. (c) Pursuant to the City Charter, the City Attorney may be removed by the Mayor with the concurrence of a majority of the City Council sitting as a whole, or by the City Council alone; provided, that removal by the City Council alone shall require a two-thirds (2/3) vote of the entire City Council. (Ord. 4867 §1, 2003; Ord. 4810, Added, 09/14/2002) Chapter 2.06 Office of the City Attorney Chapter 2.07 Economic Development Department Chapter 2.09 Department of Financial Services Chapter 2.10 Department of Public Works and Utilities Chapter 2.15 Department of Community Development Chapter 2.16 Fire Department Chapter 2.17 Parks and Recreation Department Chapter 2.19 Police Department Chapter 2.22 Human Resources Department 2.09-1 (Revised 8/04) Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES Sections: 2.09.010 DEPARTMENT CREATED. 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. 2.09.030 FINANCE DIVISION CREATED - DUTIES. 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. 2.09.050 OFFICE OF THE CITY CLERK CREATED - DUTIES. 2.09.060 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. The Department of Financial Services shall consist of the following divisions, as well as any other divisions established by the City Council: 1. Finance; 2. Information Technology; 3. Office of the City Clerk; and 4. Bremerton Kitsap Access Television (BKAT). (Ord. 4900 §2, 2004) 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial Ser- vices who shall be in charge of the Department of Finan- cial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Director of Financial Ser- vices are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There are hereby created the positions of Finance Officer, Infor- mation Technology Manager, City Clerk, and Public Access Manager as managers for their respective divi- sions. The managers (hereinafter “managers” or “divi- sion managers”) shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The division managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as “at will” employees subject to termination by the Director of Financial Services without cause at any time with no notice or hearing unless otherwise pro- vided pursuant to applicable civil service rule or regula- tion, the City Charter, ordinance, or terms and conditions as approved by the City Council. (Ord. 4900 §2, 2004) 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting func- tions of the City of Bremerton. The division shall be managed by the Finance Officer who shall serve as the City Treasurer. It shall be the duty of the Finance Officer to: (a) Be responsible for assisting in the management of the City’s investment and debt portfolios. (b) Assist City administration in budget prepara- tion and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and pur- chasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all City funds. The Finance Officer shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. (Ord. 4900 §2, 2004) 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. There is hereby created the Information Technol- ogy Division for the purpose of performing all informa- tion technology operations of the City. The division shall be managed by the Information Technology Man- ager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Tech- nology division with the responsibility to provide tech- nological leadership in systems planning, implementa- tion and support programs. (Revised 8/04)2.09-2 (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall per- form such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 4900 §2, 2004) 2.09.050 OFFICE OF THE CITY CLERK CREATED - DUTIES. There is hereby created the Office of the City Clerk for the purpose of performing all records management functions of the City. The division shall be managed by the City Clerk. It shall be the duty of the City Clerk to act as the official records keeper of the City and in such capacity shall perform those duties as required by the laws of the State, City Charter or City Code. The City Clerk shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 4900 §2, 2004) 2.09.060 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) Division for the purpose of performing all public access television functions of the City. The division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, program- ming and operation of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 4900 §2, 2004) 2.13-3 (Revised 8/04) findings of fact and conclusions based upon these facts, and render a decision, which decision shall represent the final action on the application, unless appealed, as spec- ified in BMC 2.13.140 for all Type III land use applica- tions as set forth in BMC 21.02.850. (3)Recommendations of the Administrative Hear- ing Examiner. The Administrative Hearing Examiner shall receive and examine available information, con- duct open pre-decision public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the city council, for the following: (a) All Type IV applications as set for in BMC 21.02.855. (b) Local Improvement Districts and Utility Local Improvement District formation and assessments pursuant to Chapter 11.04 BMC and Chapters 35.43 and 35.44 RCW. (Ord. 4798, Added, 05/10/2002) 2.13.090 FILING OF APPLICATIONS AND APPEALS. Applications to the Administrative Hearing Exam- iner for a decision, recommendation or an appeal shall be filed with the Department of Community Develop- ment. Applications shall be filed with the applicable fil- ing fee as set forth in Chapter 3.01 BMC. When it is found an application or appeal meets the filing require- ments of the affected City Code, rule or regulation, the application shall be accepted. The Administrative Hear- ing Examiner shall be responsible for assigning a date for the public hearing for each application or appeal. Hearings on project permit applications are subject to the notice and hearing requirements set forth in the Bremerton Municipal Code. (Ord. 4894 §1, 2004; Ord. 4836, Amended, 12/20/2002; Ord. 4798, Added, 05/10/2002) 2.13.100 OPEN RECORD PUBLIC HEARING. (1) Before rendering a decision or recommenda- tion on any land use application, the Administrative Hearing Examiner shall hold one (1) open record public hearing thereon. (2) For all applications, notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is spe- cifically set forth, such notice shall be given at least ten (10) working days prior to such hearing. (3) The Administrative Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths, and preserve order. (Ord. 4798, Added, 05/10/2002) 2.13.110 DECISIONS AND RECOMMENDATION. (1) The Administrative Hearing Examiner’s rec- ommendation or decision may be to grant or deny the application, or the Administrative Hearing Examiner may recommend or require of the applicant such condi- tions, modifications and restrictions as the Administra- tive Hearing Examiner finds necessary to make the application compatible with its environment, with appli- cable State laws, and to carry out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and ordinances of the City. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of addi- tional road rights-of-way. Performance bonds or other financial assurances may be required to ensure compli- ance with conditions, modifications and restrictions. (2) In regard to all Type IV applications set forth in BMC 21.02.855, the Administrative Hearing Exam- iner’s findings and conclusions and recommendation shall be submitted to the City Council, which shall have the final authority to act on such applications. The hear- ing by the Administrative Hearing Examiner shall con- stitute an open record pre-decision hearing before the final decision is made by the City Council. The Admin- istrative Hearing Examiner shall file its recommenda- tion with the City Council at the expiration of the period provided for reconsideration, or if reconsideration is accepted, within ten (10) working days after the deci- sion on reconsideration. (3) When the Administrative Hearing Examiner renders a decision or recommendation, the Administra- tive Hearing Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision. The decision shall be ren- dered within ten (10) working days following conclu- sion of all testimony and hearings, unless a longer period is mutually agreed to on the record by the appli- cant and the Administrative Hearing Examiner. The copy of such decision, including findings and conclu- sions, shall be transmitted by first class mail to the appli- cant and other parties of record in the case requesting the same. (4) In the case of shoreline substantial develop- ment permits, pursuant to BMC 21.02.860(d)(4), appeals shall be decided within thirty (30) calendar days of filing of the appeal. (5) The filing fee as set forth in Chapter 3.01 BMC paid by the appellant for any appeal to the Administra- tive Hearing Examiner shall be refunded to the appellant if the appellant is the substantially prevailing party. (Ord. 4894 §2, 2004; Ord. 4798, Added, 05/10/2002) (Revised 8/04)2.13-4 2.13.120 RECONSIDERATION. A party of record believing that a decision or rec- ommendation of the Administrative Hearing Examiner is based on erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for reconsideration by the Administra- tive Hearing Examiner within five (5) working days of the date the decision or recommendation is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the Administrative Hearing Examiner may, after review of the record, take further action as he or she deems proper. If a request for reconsideration is accepted, a decision is not final until after a decision on reconsideration is issued. (Ord. 4798, Added, 05/10/2002) 2.13.130 APPEAL OF DECISION. (1) Any party who feels aggrieved by the decision or other final action of the Administrative Hearing Examiner may submit an appeal within twenty-one (21) calendar days from the date the final decision of the Administrative Hearing Examiner is rendered to the Superior Court or to another designated forum. (2) No appeal may be made from a recommenda- tion of the Administrative Hearing Examiner. (Ord. 4798, Added, 05/10/2002) 2.13.140 CITY COUNCIL ACTION. (1) Any application requiring action by the City Council shall be taken by the adoption of a motion, res- olution or ordinance by the City Council. When taking any such final action, the City Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The City Council may adopt all or portions of the findings and conclu- sions from the Administrative Hearing Examiner’s rec- ommendation. (2) The action of the City Council, approving, modifying, or rejecting a recommendation of the Administrative Hearing Examiner, shall be final and conclusive. Appellants have twenty-one (21) calendar days from the date of City Council action to file an appeal with the superior court. (Ord. 4798, Added, 05/10/2002) 2.13.150 CITY ADMINISTRATIVE STAFF ARE TO BE CONSIDERED A PERSON OR PARTY. For the purpose of BMC 2.13.140 and 2.13.150, the city’s administrative staff shall be considered a “per- son” and/or “party” and shall have the same rights as any other person or party to make requests for reconsid- eration to the Administrative Hearing Examiner or to appeal decisions of the Administrative Hearing Exam- iner to superior court or to another designated forum. (Ord. 4798, Added, 05/10/2002) 2.78-1 (Revised 8/04) Chapter 2.78 REAL PROPERTY TRANSACTIONS Sections: 2.78.010 PURCHASES AND SALES. 2.78.020 LEASES. 2.78.030 RIGHT-OF-WAY ACQUISITIONS. 2.78.040 UTILITY PROPERTY. 2.78.050 PARKS PROPERTY. 2.78.060 INTERGOVERNMENTAL SALES AND LEASES. 2.78.070 RELOCATION. 2.78.010 PURCHASES AND SALES. (a) The City Council shall approve all purchases of real property and shall surplus as appropriate and approve all sales of real property by the City. (b) When disposing of real property, the City may list the property with a real estate broker, negotiate directly with a prospective purchaser or utilize any other appropriate means to sell the property. (c) If the City determines that the real property has value only to an abutting owner of land because of the size, shape, topography, feature or restriction of the property, the City shall notify the abutting owner that the property is for sale to allow them an opportunity to submit an offer to purchase the property and/or to match any offer presented. (d) Subject to the provisions of this chapter, all real property purchases and sales shall be pursuant to terms and conditions as approved by the City Council. (Ord. 4893 §1, 2004) 2.78.020 LEASES. The leasing of real property by or to the City for a term which, including options, exceeds two (2) years and/or exceeds ten thousand dollars ($10,000) per year shall require the approval of the City Council. (Ord. 4893 §1, 2004) 2.78.030 RIGHT-OF-WAY ACQUISITIONS. City Council approval of project budgets or con- demnation proceedings for right-of-way, easement or other land acquisitions for street or road development or improvements shall constitute City Council approval for the purpose of BMC 2.78.010. (Ord. 4893 §1, 2004) 2.78.040 UTILITY PROPERTY. Prior to the sale or lease of City public utility real property, the City Council shall, by resolution, surplus and authorize the sale or lease of said property following a public hearing pursuant to the provisions of RCW 35.94.040. (Ord. 4893 §1, 2004) 2.78.050 PARKS PROPERTY. The sale or lease of parks property as designated in BMC 13.12.020 shall be subject to the provisions of the Parks Protection Code, Chapter 13.12 BMC. (Ord. 4893 §1, 2004) 2.78.060 INTERGOVERNMENTAL SALES AND LEASES. Prior to the sale or lease of surplus City property having an estimated value of more than fifty thousand dollars ($50,000) to another governmental entity, the City Council shall hold a hearing following notice pur- suant to the provisions of RCW 39.33.020. (Ord. 4893 §1, 2004) 2.78.070 RELOCATION. Pursuant to RCW 8.26.010(2), the City hereby elects not to comply with the provisions of RCW 8.26.035 through 8.26.115 regarding moving and related expenses when acquiring property in connection with a program or project not receiving federal financial assistance. (Ord. 4893 §1, 2004) 3.50-1 (Revised 8/04) Chapter 3.50 UTILITY TAXES Sections: 3.50.010 EXERCISE OF REVENUE LICENSE POWER. 3.50.020 BUSINESS LICENSE - REQUIRED. 3.50.030 ADMINISTRATIVE PROVISIONS. 3.50.040 DEFINITIONS. 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. 3.50.060 DEDUCTIONS. 3.50.070 TAX - WHEN DUE. 3.50.080 RULES AND REGULATIONS. 3.50.090 SEVERABILITY. 3.50.010 EXERCISE OF REVENUE LICENSE POWER. The provisions of this chapter shall be deemed an exercise of the power of the City to license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or administrative rule changes or judi- cial interpretations of the ordinances or rules. The responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and remain in compliance with the City Code. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.020 BUSINESS LICENSE - REQUIRED. It is unlawful for any person to engage in business in the City without having first obtained a business license pursuant to Chapter 5.02 BMC. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.030 ADMINISTRATIVE PROVISIONS. The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.040 DEFINITIONS. For the purposes of this chapter, the definitions con- tained in Chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the fol- lowing definitions will apply: “Cellular telephone service” is a voice or data tele- phone/telecommunications system based in whole or substantial part on wireless radio communications, whether or not the communications are subject to regu- lation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. Cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communi- cations technology which accomplishes the same pur- pose as cellular mobile service. “Competitive telephone service” means the providing by any person of telephone telecommunications equip- ment or apparatus, or service related to that equipment or apparatus such as a repair and maintenance service, if the equipment or apparatus is of a type which can be provided by persons who are not subject to regulation as telephone companies under RCW Title 80, and for which a separate charge is made. “Gross income” means the value proceeding or accru- ing by reason of the business activity engaged in and operations incidental thereto, and includes gross pro- ceeds of sales, compensation for the rendition of ser- vices and other emoluments, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, dis- count, delivery costs, taxes, or any other expense what- soever paid or accrued and without any deduction on account of losses. “Gross income from timber sales” means “stumpage value of timber” as defined in Chapter 84.33 RCW minus the costs of production including, but not limited to, logging and trucking costs, fees and excise taxes. “Page service” means service provided by means of an electronic device that has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite or any other form of voice or data transmission. “Reporting period” means a one (1) month period beginning the first day of each calendar month (monthly). “Solid waste collection service” means receiving solid waste from any facility or location within the City for transfer, processing, treatment, storage, or disposal, including, but not limited to, all collection services, pub- lic or private dumps or landfills, transfer stations, and other similar operations. “Solid waste,” for purposes of this chapter, means gar- bage, trash, rubbish, or other material discarded as worthless or not economically viable for further use, infectious, hazardous, or toxic wastes, and recyclable or reusable materials collected, in whole or part, for recy- cling or salvage. “Telephone business” means the providing by any per- son of access to a local telephone network, local tele- phone network switching service, toll service, cellular or mobile telephone service, coin telephone service, page service, or the providing of telephonic, video, data, or similar communication, or transmission for hire, via (Revised 8/04)3.50-2 a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. The term includes cooperative or farmer line telephone companies or associations operating exchanges. The term also includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. “Telephone business” does not include the pro- viding of competitive telephone service, or providing of cable television service, or other providing of broadcast services by radio or television stations. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in busi- ness within the City, a fee or tax to be collected as fol- lows: (a) Gas. Upon every person engaging in the busi- ness of transmitting, distributing or selling of manufac- tured or natural gas, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. The total gross income from the business of providing water utility ser- vice includes the “gross income from timber sales” of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as televi- sion cable service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (f) Solid waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to eleven (11) percent of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or sell- ing electricity, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in car- rying on a telephone business for hire or for sale of a commodity or a service within or partly within the cor- porate limits of the City, for the privilege of so doing business a tax equal to six (6) percent of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Con- stitutions of the United States or the State of Washing- ton. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another tele- communications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll tele- phone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellu- lar telephone service companies which keep their regu- lar books of account on an accrual basis, for cash discounts and credit losses actually sustained by a tax- payer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service Address. Payments by a cus- tomer for the telephone service from telephones without a fixed location shall be allocated among taxing juris- dictions to the location of the customer’s principal ser- vice address during the period for which the tax applies. (ii) Roaming Phones. When the service is provided while a subscriber is roaming outside the sub- scriber’s normal cellular network area, the gross income shall be assigned consistent with the taxpayer’s accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. (Ord. 4895 §2, 2004; Ord. 4882 §1, 2003; Ord. 4844, Added, 01/03/2003) 3.50.060 DEDUCTIONS. (a) There may be deducted from the total gross income, upon which the license fee or tax is computed, 3.50-3 (Revised 8/04) revenues derived from business which the City is pro- hibited from taxing under the Constitutions or laws of the State of Washington or the United States or the Charter of the City. (b) There may be deducted from the total gross income, upon which the license fee or tax is computed, the amount of State excise taxes, pursuant to Chapter 82.18 RCW, imposed directly upon persons using the service of a solid waste collection business and collected for payment to the State by the solid waste collection business. (c) There may be deducted from the total gross income, upon which the license fee or tax is imposed under BMC 3.50.050, revenues derived from providing the service of collecting recyclable materials, as fol- lows: (1) Commercial Recycling. Revenues derived from the service of collecting commercial recyclable materials. This exemption is limited to materials actu- ally resold and computed in proportion to weight, as fol- lows: (i) Any weight added by processing or treatment after collection is subtracted from the weight as sold to obtain the allowable weight as sold; and (ii) Revenues are multiplied by a fraction, the numerator of which is the allowable weight as sold and the denominator of which is the weight as collected. (2) This deduction does not apply to any energy recovery or fuel-use process, nor in any case where materials collected have not been sold for com- mercial reuse within one hundred (100) days from the date of collection. This period may be extended when a taxpayer shows to the Department’s satisfaction that market conditions necessitate a longer period for sale. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003) 3.50.070 TAX - WHEN DUE. The tax imposed by this chapter shall be due and payable in monthly installments. (Ord. 4895 §2, 2004) 3.50.080 RULES AND REGULATIONS. The Director may establish administrative rules and regulations as deemed appropriate, consistent with this chapter for the purpose of enforcing and carrying out its provisions. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.070) 3.50.090 SEVERABILITY. If any provision or section of this chapter shall be held void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect. (Ord. 4895 §2, 2004; Ord. 4844, Added, 01/03/2003. Formerly 3.50.080) 3.86-5 (Revised 8/04) for disregarding specific written instructions on the same tax found to be due. (Ord. 4845, Added, 01/03/2003) 3.86.120 CANCELLATION OF PENALTIES. (1) The Director may cancel any penalties imposed under BMC 3.86.110(1) and (2) if the taxpayer shows that its failure to timely file or pay the tax was due to reasonable cause and not willful neglect. Willful neglect is presumed unless the taxpayer shows that it exercised ordinary business care and prudence in mak- ing arrangements to file the return and pay the tax but was, nevertheless, due to circumstances beyond the tax- payer’s control, unable to file or pay by the due date. The Director has no authority to cancel any other penal- ties or to cancel penalties for any other reason except as provided in subsection (3). (2) A request for cancellation of penalties must be received by the Director within thirty (30) days after the date the Department mails the notice that the penalties are due. The request must be in writing and contain competent proof of all pertinent facts supporting a rea- sonable cause determination. In all cases the burden of proving the facts rests upon the taxpayer. (3) The Director may cancel the penalties in BMC 3.86.110(1) and (2) one time if a person: (a) Is not currently licensed, and filing returns, (b) Was unaware of its responsibility to file and pay tax, and (c) Obtained business licenses and filed past due tax returns within thirty (30) days after being noti- fied by the Department. (4) The Director shall not cancel any interest charged upon amounts due. (Ord. 4845, Added, 01/03/2003) 3.86.130 TAXPAYER QUITTING BUSINESS - LIABILITY OF SUCCESSOR. (1) Whenever any taxpayer quits business, sells out, exchanges, or otherwise disposes of his business or his stock of goods, any tax payable hereunder shall become immediately due and payable. Such taxpayer shall, within ten (10) days thereafter, make a return and pay the tax due. (2) Any person who becomes a successor shall become liable for the full amount of any tax owing. The successor shall withhold from the purchase price a sum sufficient to pay any tax due to the city from the tax- payer until such time as: a) the taxpayer shall produce a receipt from the City showing payment in full of any tax due or a certificate that no tax is due, or b) more than six (6) months have passed since the successor notified the Director of the acquisition and the Director has not issued and notified the successor of an assessment. (3) Payment of the tax by the successor shall, to the extent thereof, be deemed a payment upon the pur- chase price. If such payment is greater in amount than the purchase price, the amount of the difference shall become a debt due such successor from the taxpayer. (4) Notwithstanding the above, if a successor gives written notice to the Director of the acquisition, and the Department does not within six (6) months of the date it received the notice issue an assessment against the taxpayer and mail a copy of that assessment to the successor, the successor shall not be liable for the tax. (Ord. 4845, Added, 01/03/2003) 3.86.140 ADMINISTRATIVE APPEAL. Any person, except one who has failed to comply with BMC 3.86.060 relating to the maintenance of records, aggrieved by the amount of the fee or tax deter- mined by the Director to be required under the provi- sions of this chapter may pay the amount due and appeal from such determination by filing a written notice of appeal with the Administrative Hearing Examiner within thirty (30) calendar days from the date written notice of such amount was mailed to the taxpayer. A fil- ing fee as set forth in Chapter 3.01 BMC shall be sub- mitted with the appeal, which filing fee is required to process the appeal. The Administrative Hearing Exam- iner shall, as soon as practical, fix a time and place for the hearing of such appeal, and shall cause a notice of the time and place thereof to be delivered or mailed to the parties. The hearing shall be conducted in accord with the provisions of Chapter 2.13 BMC. The decision of the Administrative Hearing Examiner shall indicate the correct amount of the fee or tax owing. (Ord. 4845, Added, 01/03/2003) 3.86.160 DIRECTOR TO MAKE RULES. The Director shall have the power, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with law for the pur- pose of carrying out the provisions of this chapter and it shall be unlawful to violate or fail to comply with any such rule or regulation. (Ord. 4845, Added, 01/03/2003) 3.86.170 ANCILLARY ALLOCATION AUTHORITY OF DIRECTOR. The Director is authorized to enter into agreements with other Washington cities which impose an “eligible gross receipts tax”: (1) To conduct an audit or joint audit of a taxpayer by using an auditor employed by the City of Bremerton, another city, or a contract auditor; provided, that such contract auditor’s pay is not in any way based upon the amount of tax assessed; (2) To allocate or apportion the gross proceeds of sales, gross receipts, or gross income of the business, or taxes due from any person that is required to pay an eli- (Revised 8/04)3.86-6 gible gross receipts tax to more than one Washington city in a manner that fairly reflects gross receipts earned from activities conducted within the respective cities. (3) To apply the City’s tax prospectively where a taxpayer has no office or place of business within the City and has paid tax on all gross income to another Washington city where the taxpayer is located; pro- vided, that the other city maintains an eligible gross receipts tax, and the income was not derived from con- tracts with the City. (Ord. 4895 §1, 2004; Ord. 4845, Added, 01/03/2003) 3.86.180 MAILING OF NOTICES. Any notice required by this chapter to be mailed to any taxpayer or licensee shall be sent by ordinary mail, addressed to the address of the taxpayer or licensee as shown by the records of the Director. Failure of the tax- payer or licensee to receive any such mailed notice shall not release the taxpayer or licensee from any tax, fee, interest, or any penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this chapter. It is the responsibility of the taxpayer to inform the Director in writing about a change in the tax- payer’s address. (Ord. 4845, Added, 01/03/2003) 3.86.190 TAX DECLARED ADDITIONAL. The license fee and tax herein levied shall be addi- tional to any license fee or tax imposed or levied under any law or any other ordinance of the City of Bremerton except as herein otherwise expressly provided. (Ord. 4845, Added, 01/03/2003) 3.86.200 PUBLIC DISCLOSURE - CONFIDENTIALITY - INFORMATION SHARING. (1) For purposes of this section, unless a different meaning is clearly established by context, the following definitions apply: (a) “Disclose” means to make known to any person in any manner. (b) “Tax information” means: (i) A taxpayer’s identity; (ii) The nature, source, or amount of the taxpayer’s income, payments, receipts, deductions, exemption, credits, assets, liability, net worth, tax liabil- ity deficiencies, over assessments, or tax payments, whether taken from the taxpayer’s books and records or any other source; (iii) Whether the taxpayer’s return was, is being, or will be examined or subject to other investiga- tion or processing; or (iv) Other data received by, recorded by, prepared by, or provided to the Director with respect to a taxpayer; provided, that tax information shall not include data, material, or documents that do not disclose information related to a specific or identifiable taxpayer. (2) Tax returns and information are “public records” as that term is defined in RCW 42.17.020. The Director shall not disclose tax information if disclosure would violate Chapter 42.17 RCW or any other law pro- hibiting disclosure. (3) Tax information may be disclosed to the fol- lowing: (a) The Mayor, members of the City Council, City Attorney, City Clerk, or their authorized designees, for official purposes; (b) Any agency or officer of the United States of America, the State of Washington, or a tax depart- ment of any state, county, city or town; provided, that the agency or officer grants substantially similar privi- leges to the City; and further provided, that the agency or officer shall not further disclose the tax information except as authorized in this section. (4) Nothing in this section shall prevent the use of tax information by the Director or any other agency in any civil or criminal action involving any license, tax, interest, or penalty. (5) A person disclosing tax information to a person not entitled to receive that information under this sec- tion is guilty of a misdemeanor, and if the person violat- ing this privacy requirement is an officer or employee of the City, such person may be required to forfeit their office or employment. (Ord. 4845, Added, 01/03/2003) 3.86.210 TAX CONSTITUTES DEBT. Any license fee or tax due and unpaid under this chapter, and all interest and penalties thereon, shall con- stitute a debt to the City of Bremerton and may be col- lected in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. (Ord. 4845, Added, 01/03/2003) 3.86.220 UNLAWFUL ACTIONS - VIOLATION - PENALTIES. (1) It shall be unlawful for any person liable for amounts due under this chapter or under other chapters as referenced in BMC 3.86.015: (a) To violate or fail to comply with any of the provisions of this or the referenced chapters or any law- ful rule or regulation adopted by the Director; (b) To intentionally defraud the City or inten- tionally evade the payment of any tax or part thereof; (c) For any person to make any false or fraud- ulent tax return or false statement in any tax return, with intent to defraud the City or evade the payment of any tax or part thereof; (d) To aid or abet any person in any attempt to intentionally defraud the City or intentionally evade payment of a license fee or tax or any part thereof; 3.86-7 (Revised 8/04) (e) To fail to appear or testify in response to a subpoena issued pursuant to law; (f) To testify falsely in any investigation, audit, or proceeding conducted pursuant to this chapter; (g) To fail to keep and preserve books and records or for any person to fail or refuse to permit the examination of any book, paper, record or other data by the City in accordance with this chapter; and/or (h) To violate any of the provisions of this chapter. (2) Violations - Penalties. (a) Civil Penalties. Any violation of BMC 3.86.220(1) constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty and costs may be assessed and enforcement of this chapter may be required as provided for in this chapter and Chapter 1.04 BMC. (b) Criminal Penalties. In addition to the fore- going penalties, any person who violates or fails to com- ply with BMC 3.86.220(1) shall, upon conviction, be punished as described in the general criminal penalty provisions of BMC 1.12.020(2). Such person will be guilty of this violation for each day, or portion thereof, during which the business is so engaged or carried on. (c) In lieu of and as an alternative to a hearing before the Administrative Hearing Examiner pursuant to BMC 3.86.220(2)(a) above, the City may file an action in a court of competent jurisdiction to seek enforcement of this chapter and assessment and collec- tion of penalties, costs and enforcement as provided for in this chapter. Additionally, the City may file an action in a court of competent jurisdiction to seek enforcement of an order of the Administrative Hearing Examiner issued pursuant to BMC 3.86.220(2)(a) above. (d) Penalties or punishments provided in this section are not exclusive, and may be used in addition to or in conjunction with other enforcement and penalty provisions authorized by the Bremerton City Code or State law. (Ord. 4845, Added, 01/03/2003) 3.86.240 CLOSING AGREEMENT PROVISIONS. The Director may enter into an agreement in writ- ing with any person relating to the liability of such per- son in respect of any tax imposed by any of the chapters within this title and administered by this chapter for any taxable period(s). Upon approval of such agreement, evidenced by execution thereof by the Director and the person so agreeing, the agreement shall be final and con- clusive as to the tax liability or tax immunity covered thereby, and, except upon a showing of fraud or malfea- sance, or misrepresentation of a material fact: (1) The case shall not be reopened as to the matters agreed upon, or the agreement modified, by the Director or the taxpayer, and (2) In any suit, action or proceeding, such agree- ment, or any determination, assessment, collection, pay- ment, abatement, refund, or credit made in accordance therewith shall not be annulled, modified, set aside, or disregarded. (Ord. 4845, Added, 01/03/2003) 3.86.250 CHARGE-OFF OF UNCOLLECTIBLE TAXES. The Director may charge off any tax, penalty, or interest that is owed by a taxpayer if the Director reason- ably ascertains that the cost of collecting such amounts would be greater than the total amount that is owed or likely to be collected from the taxpayer. Charge-offs in excess of one thousand dollars ($1,000) require City Council approval. (Ord. 4845, Added, 01/03/2003) 3.86.260 SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the remain- der of the chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 4845, Added, 01/03/2003) 6.32-1 (Revised 8/04) Chapter 6.32 NOISE LEVELS Sections: 6.32.010 DEFINITIONS. 6.32.040 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS. 6.32.050 MEASUREMENT OF SOUND. 6.32.060 POSITION OF ADMINISTRATOR ESTABLISHED. 6.32.070 VARIANCE PROCEDURE. 6.32.090 RIGHT TO APPEAL. 6.32.110 PUBLIC DISTURBANCE NOISES. 6.32.115 BELLS, CHIMES OR CARILLONS. 6.32.120 VIOLATIONS - CIVIL PENALTY, CRIMINAL PENALTY. 6.32.010 DEFINITIONS. All technical terminology used in this chapter not defined herein shall be interpreted in conformance with American National Standards Institute Specifications, Sections 1.1-1960 and 1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below: (a) “Administrator” means the Mayor of the City of Bremerton or his or her designee. (b) “db(A)” means a sound level, measured in decibels, using the A frequency-weighing network of a sound-level meter. (c) “District” means the land-use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which include land use zones designated in the Bremerton zoning ordinance, as follows: (d) “Emergency work” means: (1) Work made necessary to restore property to a safe condition following a public calamity; (2) Work required to protect persons or prop- erty from imminent exposure to danger; or (3) Work by private or public utilities for pro- viding or restoring immediately necessary utility ser- vice. (e) “Motorcycle” means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, except farm tractors and such vehicles powered by an engine of less than five (5) horsepower. (f) “Motor vehicle” means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehi- cles as that term is used herein.) (g) “Noise” means the intensity, duration and character of sounds from any and all sources. (h) “Person” means any individual firm, associa- tion, partnership, corporation or any other entity, public or private. (i) “Police officer” means a duly appointed city, county or State law enforcement officer. (j) “Property boundary” means the survey line at ground surface which separates real property owned, rented or leased by one or more other persons and its vertical extension. (k) “Receiving property” means real property within which sound originating from sources outside the property is received. (l) “Sound level” means a weighted sound pres- sure level obtained by the use of a sound level meter and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971. (m) “Sound level meter” means a sound-level mea- suring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1971. (n) “Weekend” means Saturday and Sunday or any legal holiday. (Ord. 4891 §1, 2004; Ord. 4226 §1, 1989; Ord. 3722 §1, 1982) 6.32.040 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS. (a) It is unlawful for any person to cause or permit noise from any source located within the City of Bremerton to intrude into the property of another which exceeds the maximum or permissible noise level set forth below: Noise Control District Land Use Zones District I SF1, SF2, SF3, CBR, DR, MF, MR District II PO, NB, GB, SC, BC, BP, MX, PS, LPO, DW, DC District III IP, IG, WS, FM TABLE I District of Sound Source District Receiving Property Within the City of Bremerton IIIIII I 55 dB(A) 57 dB(A) 60 dB(A) (Revised 8/04)6.32-2 (b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by ten (10) dBA for receiving property within District I. (c) At any hour of the day or night the applicable noise limitations in (a) and (b) above may be exceeded for any receiving property by no more than: (1) Five (5) dBA for a total of fifteen (15) minutes in any one (1) hour period; or (2) Ten (10) dBA for a total of five (5) min- utes in any one (1) hour period; or (3) Fifteen (15) dBA for a total of one and one-half (1.5) minutes in any one (1) hour period. (d) Exemptions. (1) The following shall be exempt from the provisions of subsections (a) and (b) between the hours of 7:00 a.m. and 10:00 p.m.: i. Sounds originating from residential property relating to temporary projects for the mainte- nance or repair of homes, grounds and appurtenances. ii. Sounds created by the discharge of firearms on authorized shooting ranges. iii. Sounds created by blasting. iv. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible. v. Sounds created by the installation or repair of essential utility services. (2) The following shall be exempt from the provisions of subsection (b). i. Noise from electrical substations and existing stationary equipment used in the conveyance of water, waste water, and natural gas by a utility. ii. Noise from existing industrial instal- lations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of fifteen (15) hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation, require approval of the State Department of Ecology. (3) The following shall be exempt from the provisions of subsections (a) and (b), except insofar as such provisions relate to the reception of noise within District I between the hours of 10:00 p.m. and 7:00 a.m. i. Sounds originating from temporary construction sites as a result of construction activity. ii. Sounds originating from forest har- vesting and silvicultural activity. (4) The following shall be exempt from all provisions of subsections (a) and (b): i. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC. ii. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations. iii. Sounds created by surface carriers engaged in interstate commerce by railroad. iv. Sounds created by warning devices not operating continuously for more than five (5) min- utes, or bells, chimes, and carillons. v. Sounds created by safety and protec- tive devices where noise suppression would defeat the intent of the device or is not economically feasible. vi. Sounds created by emergency equip- ment and work necessary in the interests of law enforce- ment or for health safety or welfare of the community. vii. Sounds originating from motor vehi- cle racing events at existing authorized facilities. viii. Sounds originating from officially sanctioned parades and other public events. ix. Sounds emitted from petroleum refin- ery boilers during start-up of said boilers; provided, that the start-up operation is performed during daytime hours whenever possible. x. Sounds created by watercraft. xi. Sound created by the discharge of firearms in the course of hunting. xii. Sounds created by motor vehicles, licensed or unlicensed, when operated off public high- ways except when such sounds are received in District I. (Ord. 4226 §3, 1989; Ord. 3722 §3, 1982) 6.32.050 MEASUREMENT OF SOUND. (a) If the measurements of sound are made with a sound-level meter, it shall be an instrument in good operating condition meeting the requirements for a Type I or Type II instrument, as delineated in American National Standards Institute Specifications (ANSI), Section 1.4-1971. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in Sec- tion 1.4-1971 ANSI for Type II instruments. (b) When the location, distance or technique for measurement of sound is impractical or would yield misleading or inaccurate results, measurements shall be taken at other locations or distances utilizing appropri- ate correction factors, as specified in the rules promul- gated by the Administrator. (c) Where a receiving party is partly within one (1) district and partly within another, the maximum permis- sible noise level at a point within the property II 57 dB(A) 60 dB(A) 65 dB(A) III 60 dB(A) 65 dB(A) 70 dB(A) TABLE I District of Sound Source District Receiving Property Within the City of Bremerton (Revised 8/04) Title 9 PEACE, SAFETY AND MORALS Chapters: 9.06 POLICE DOGS 9.08 UNAUTHORIZED AND JUNK VEHICLES 9.10 TOW TRUCK ROSTER 9.12 TOW TRUCK SERVICES 9.14 NUISANCE VEGETATION 9.16 PUBLIC NUISANCES 9.18 NO SMOKING SIGNS 9.20 PAWNBROKERS AND SECOND-HAND DEALERS 9.24 PROSTITUTION 9.29 NUDITY IN PUBLIC PLACES 9.32 UNAUTHORIZED CAMPING 9.34 HOTELS/MOTELS 9.37 UNFAIR HOUSING PRACTICES 9.39 SOLICITING 9.48 FIREWORKS 9.50 SOLVENT INHALATION 9.88 MARIJUANA 9.89 DRUG RELATED LOITERING 9.90 GRAFFITI 9.92 CRIMINAL ACTIVITY NUISANCE 9.32-1 (Revised 8/04) Chapter 9.32 UNAUTHORIZED CAMPING Sections: 9.32.010 DEFINITIONS. 9.32.020 UNAUTHORIZED CAMPING IN PUBLIC PLACES. 9.32.030 UNAUTHORIZED STORAGE IN PUBLIC PLACES. 9.32.040 PERMIT. 9.32.050 PENALTY FOR VIOLATIONS. 9.32.060 RULES AND REGULATIONS. 9.32.010 DEFINITIONS. The following definitions are applicable in this chapter unless the context otherwise requires: (a) “Camp” means (1) to dwell, reside within or use camping facilities for temporary or permanent habi- tation or housing; and/or (2) to use camping parapherna- lia. (b) “Camping facilities” include, but are not lim- ited to, recreational vehicles, motor vehicles, trailers, tents, huts, or temporary shelters. (c) “Camping paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, ham- mocks, or non-City-designated cooking facilities and similar equipment. (d) “Director” means any Director of a City of Bremerton department having authority over a public place or any other person authorized by the Mayor to exercise such authority or his or her designee. (e) “Park” means and includes all City parks, pub- lic squares, park drives, parkways, boulevards, golf courses, park museums, zoos, bathing beaches, and play and recreation grounds under the jurisdiction of the City of Bremerton Parks and Recreation Department. (f) “Public place” means and includes streets, ways, boulevards, sidewalks, planting or parking strips, shoulders, squares, triangles, rights-of-way, publicly owned parking lot or publicly owned area, improved or unimproved, and other public places appropriated to the public for public use, including buildings, structures and appurtenances situated thereon. (g) “Recreational vehicle” means a travel trailer, motor home, truck camper, or camping trailer that is pri- marily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot. (h) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. (i) “Street” means any highway, avenue, lane, road, street, drive, place, boulevard, alley, right-of-way, and every way or place in the City of Bremerton open as a matter of right to public vehicular travel. (Ord. 4898 §1, 2004) 9.32.020 UNAUTHORIZED CAMPING IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040 or as otherwise provided by City Code or ordi- nance, it shall be unlawful for any person to camp in any park or other public place. (Ord. 4898 §1, 2004) 9.32.030 UNAUTHORIZED STORAGE IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040 or as otherwise provided by City Code or ordi- nance, it shall be unlawful for any person to store, pitch or park camping facilities or to store or pitch camping paraphernalia in any park or other public place. Recre- ational vehicles may be parked in authorized parking spaces within City public rights-of-way subject to the provisions of Chapter 10.11 BMC. (Ord. 4898 §1, 2004) 9.32.040 PERMIT. (a) The Director is authorized, by permit, to allow persons to camp, occupy camping facilities, or use or store camping paraphernalia within or on any park or other public place that may be designated by the City for such use in the City of Bremerton subject to other appli- cable codes or ordinances. (b) The Director may approve a permit as provided under this section if the Director determines that: (1) Adequate trash receptacles, trash collec- tion and sanitary facilities are available; (2) The camping activity will not unreason- ably disturb or interfere with the peace, comfort, and repose of property owners in the area; and (3) The camping activity is not reasonably likely to provoke disorderly conduct or create a distur- bance. (c) The Director may place terms and conditions on any permit as he or she finds appropriate for the con- ditions considering the use and impacts of such use. (Ord. 4898 §1, 2004) 9.32.050 PENALTY FOR VIOLATIONS. (a) Civil Infraction. A violation of any provision of this chapter shall constitute a civil infraction subject to a monetary penalty of one hundred five dollars ($105.00). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (b) Habitual Violators - Misdemeanor. Any per- son, after receiving three or more infractions, singularly or in combination, for prior violations of this chapter within a two (2) year period found to be committed by (Revised 8/04)9.32-2 the Municipal Court shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2) upon a subsequent viola- tion within said two (2) year period. A conviction of a misdemeanor under this subsection shall be considered and counted as an infraction for the purpose of deter- mining whether or not a violator is a habitual violator. (Ord. 4898 §1, 2004) 9.32.060 RULES AND REGULATIONS. The Director may promulgate rules and regulations he or she deems necessary and appropriate to imple- ment, administer and enforce this chapter. (Ord. 4898 §1, 2004) (Revised 8/04) Title 10 TRAFFIC Chapters: 10.04 STATE STATUTES 10.08 PARKING ZONES 10.09 RESIDENTIAL PARKING PERMITS 10.10 HANDICAPPED PARKING 10.11 PARKING ENFORCEMENT 10.12 BICYCLES AND SKATEBOARDS 10.14 BICYCLE SAFETY AND HELMETS 10.16 TURNING MOVEMENTS 10.24 OVERSIZE LOADS 10.36 COMPRESSION BRAKES 10.40 COMMUTE TRIP REDUCTION PLAN 10.11-1 (Revised 8/04) Chapter 10.11 PARKING ENFORCEMENT Sections: 10.11.005 DEFINITIONS. 10.11.010 PARKING VIOLATIONS. 10.11.020 ENFORCEMENT PROCEDURES. 10.11.030 PENALTIES. 10.11.040 FAILURE TO APPEAR. 10.11.050 NUISANCE DECLARED - APPEAL. 10.11.060 VEHICLE IMPOUND. 10.11.070 COSTS OF IMPOUND. 10.11.080 ENFORCEMENT - EXEMPT PERIODS. 10.11.005 DEFINITIONS. The following definitions are applicable in this chapter unless the context otherwise requires: (a) “Director” means Director of Public Works or other department director authorized by the Mayor to enforce this chapter, or their designee. (b) “Right-of-way” or “street” means any high- way, avenue, lane, road, drive, place, boulevard, alley, right-of-way, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremer- ton open as a matter of right to public vehicular travel or parking or other similar public use. (c) “Recreational vehicle” means a travel trailer, motor home, truck camper, or camping trailer that is pri- marily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot. (d) “Vehicle” means truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi- trailer, motorcycle, dune buggy, off-road vehicle, or marine vehicle (trailered or nontrailered), whether licensed or unlicensed, or motorized or nonmotorized, unless otherwise defined. (Ord. 4898 §3, 2004) 10.11.010 PARKING VIOLATIONS. In addition to those statutes adopted by reference in BMC 10.04.010 restricting standing, stopping and park- ing of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the fol- lowing actions: (a) Parking in Time Limit and No Repark Zones. (1) Downtown Core. Where a time limit and no repark is established by official signs, no vehicle may be reparked on either side of the same street in order to extend the vehicle’s parking time beyond the time limits established. For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section despite any movement of the vehicle unless the vehicle is moved to another street with a different street name than the street the vehicle was originally parked upon. (2) Residential. Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four (4) blocks of the original parking location within a residential parking permit area, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone. Vehicles issued permits under Chapter 10.10 BMC shall be exempt from posted time limits according to the terms of the permit. (b) Counterfeit Permits. It is unlawful for any per- son to copy, reproduce, or otherwise counterfeit a park- ing permit or to possess any counterfeit copy or facsimile of a City parking permit. (c) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recip- ient of the permit is no longer eligible pursuant to Chap- ter 10.10 BMC. (d) Counterfeit Tokens, Permits or Script. It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or script distributed by the City for use in any fee collection device. (e) Tampering with Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the useful- ness of any parking meter or collection device. (f) Unauthorized Handicapped Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically dis- abled persons without a special license plate, card or decal as provided for in RCW 46.16.381(1) and (2). If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate, card, or decal required under this section or demonstrates that the person was entitled to the special license plate, card or decal. (g) Expired Registration. It is unlawful to park any vehicle in a public right-of-way or on public property without a current vehicle license registration tab dis- played according to law. (h) Unlawful Parking in City Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle in a City-owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (i) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires (Revised 8/04)10.11-2 made by a parking enforcement officer for the purpose of recording parking time. (j) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (k) Failure to Surrender Permit. The Director is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director, it shall be unlawful for any person to fail to surrender a parking permit as directed. (l) Parking or Storage of Vehicles within Right- of-Way. Except when otherwise provided by right-of- way use permit or other appropriate City or State permit, the parking or storage of vehicles shall be subject to the following parking restrictions: (1) Time Restriction. Parking or storage of any vehicle in excess of seventy-two (72) consecutive hours in a public right-of-way shall be unlawful. During continued consecutive hours of parking, after the initial seventy-two (72) hour period, relocation of the vehicle within five hundred (500) feet, and still within a public right-of-way, shall be considered to be the same location within the right-of-way for purposes of calculating the seventy-two (72) hour parking restriction. (2) Oversized Vehicles - Additional Restric- tions. The City Council finds that the parking and stor- age of vehicles exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds (“oversized vehicles”) presents unacceptable risks and hazards to public health, safety and welfare when such vehicles are parked or stored on City streets at times when such vehicles are not engaged in business or commercial activity. Because of these risks and haz- ards to public health, safety and welfare, the City Coun- cil further finds that the parking and storage of such vehicles on City streets should be minimized. There- fore, in addition to the restrictions set forth in subsection (l)(1) of this section, no oversized vehicle may repark in a previously parked location in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period. Relocation of any oversized vehicle within five hundred (500) feet and still within a public right-of- way shall be considered a previously parked location within the right-of-way. (m) Parking Against Traffic. Except when other- wise provided by City Code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park upon a right of way unless: (1) Stopped or parked parallel (or at an angle when authorized) to the traveled portion of the right-of- way; (2) In the direction of authorized traffic move- ment of the right-of-way immediately adjacent thereto; and (3) Within twelve (12) inches of the curb or as close as practicable to the edge of the shoulder. In the event of a conflict between the provisions of this subsection and RCW 46.61.575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC, the provisions of this subsection shall apply. (n) Parking Fee - Nonpayment. It is unlawful to park a vehicle in any parking space monitored by a park- ing fee collection device, including parking meters, without payment as indicated on the collection device. (o) Parking Fee - Time Permitted. It is unlawful to park a vehicle in any parking space monitored by a col- lection device, including parking meters, for a consecu- tive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. (Ord. 4898 §4, 2004; Ord. 4865 §4, 2003; Ord. 4703, Amended, 05/25/2000; Ord. 4667, Amended, 10/28/1999; Ord. 4543, Amended, 03/14/1996; Ord. 4425 §1, 1993; Ord. 4362 §1, 1992; Ord. 4271 §4, 1990; Ord. 4260 §4, 1990; Ord. 4211 §6 (in part), 1989) 10.11.020 ENFORCEMENT PROCEDURES. (a) The parking regulations set forth in this chapter and Chapter 10.04 BMC shall be enforced by the City’s police officers and the City’s parking enforcement officers. (b) If any vehicle is found parked, standing, or stopped in violation of this title, or otherwise violates the provisions of this title, the officer finding the vehicle shall take its license number and may take any other information displayed on the vehicle which may iden- tify its user and shall conspicuously affix to the vehicle a notice of parking infraction. A notice of parking infraction represents a determination that a parking infraction has been committed. The determination will be final unless contested as provided in BMC 1.12.040. (c) In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the notice of parking infraction was stopping, stand- ing, or parking in violation of any provision of this title, together with proof of registered ownership of the vehi- cle at the time of the violation shall constitute in evi- dence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred, provided the pro- cedure for issuing a parking violation set forth herein has been followed. (Ord. 4211 §6 (in part), 1989) 10.11.030 PENALTIES. Unless specifically set forth elsewhere in this title, the penalties for each parking violation of the provisions 10.11-3 (Revised 8/04) of this chapter and Chapter 10.04 BMC, defined as an infraction, shall be pursuant to Chapter 3.01 BMC. (Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Amended, 12/11/1999; Ord. 4542, Amended, 02/08/1996; Ord. 4425 §2, 1993; Ord. 4339 §1, 1991; Ord. 4211 §6 (in part), 1989) 10.11.040 FAILURE TO APPEAR. Any person who has been issued a notice of infrac- tion relating to parking pursuant to BMC 10.11.020(b) and who fails to respond as provided in BMC 1.12.030 shall pay an additional penalty of twenty-five dollars ($25.00), regardless of the disposition of the notice of infraction. This enhanced penalty shall be in addition to a misdemeanor citation which may be issued for failure to respond to notice of infraction. (Ord. 4271 §1, 1990; Ord. 4211 §6 (in part), 1989) 10.11.050 NUISANCE DECLARED - APPEAL. (a) In addition to the enforcement provisions of BMC 10.11.040, if any person fails to respond to three or more outstanding infractions for parking a vehicle in violation of this title, the City Attorney shall mail a dec- laration of vehicle nuisance to the registered and legal owners of said vehicle as shown by the records of the Washington State Department of Licensing informing them that the cited vehicle shall be declared a nuisance and subject to immediate impound or immobilization unless, within ten (10) days, either the owner (1) pays the underlying infractions or (2) appeals the declaration of vehicle nuisance. (b) Appeal of the declaration of nuisance vehicle will be heard by the Hearing Examiner pursuant to Chapter 2.62 BMC. Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the declaration. At the hearing, the owner shall have the burden of showing the registered owner did not fail to respond to three or more outstanding infractions for parking. (Ord. 4547, Amended, 03/28/1996; Ord. 4326 §1, 1991; Ord. 4297 §5, 1990; Ord. 4271 §2, 1990; Ord. 4211 §6 (in part), 1989) 10.11.060 VEHICLE IMPOUND. If the registered or legal owner fails to respond under BMC 10.11.050 to a Declaration of Vehicle Nui- sance, the City Police Department may impound or immobilize said vehicle. If impounded or immobilized, the vehicle shall not be released until (1) the Police Department or towing company receives a receipt or other notice from the Court showing that all infractions and crimes relating to standing, stopping or parking the vehicle have been paid or otherwise resolved, or (2) the owner posts bail with the department in an amount set by the Municipal Court. (Ord. 4297 §6, 1990; Ord. 4271 §3, 1990; Ord. 4211 §6 (in part), 1989) 10.11.070 COSTS OF IMPOUND. The registered owner shall be responsible for all towing and storage costs relating to impounds of a nui- sance vehicle. If the vehicle is immobilized pursuant to this chapter, the Police Department shall affix to said vehicle a notice setting forth procedures for release and directing, that in addition to the payment of fines or posting bail, the owner shall pay an administrative immobilization fee of fifty dollars ($50.00) before the vehicle may be released. (Ord. 4211 §6 (in part), 1989) 10.11.080 ENFORCEMENT - EXEMPT PERIODS. Restrictions on parking, as set forth in this chapter, shall not be effective on City holidays set forth in BMC 1.02.020 or such additional days specifically exempted by Council resolution. Enforcement in the commercial parking zones and two (2) hour residential parking zones shall be at times posted. (Ord. 4426 §1, 1993; Ord. 4297 §1, 1990; Ord. 4260 §2 (in part), 1990; Ord. 3723 §2, 1982) 11.02-7 (Revised 8/04) cost to repair damage to existing improvements as deter- mined by the Director. Performance deposits shall not be released until a warranty deposit, if required, is received. B. Warranty Deposit. A warranty deposit may be required to warrant the workmanship and material of constructed improvements in the right-of-way for a period of two years. The minimum amount of the war- ranty deposit shall be twenty (20) percent of the value of the actual construction costs. C. Deposit Instruments. The deposit instrument for the performance or warranty deposit shall be cash, a non-revocable letter of credit, an assignment of funds, bond or other readily accessible source of funds approved by the City Risk Manager. The deposit instru- ments shall be on a form acceptable to the City Risk Manager. Any issuer of a deposit instrument shall pay invoices presented by the City pursuant to this chapter within forty-five (45) days. A bond will be accepted only for amounts over one thousand dollars ($1,000.00) or when State law requires a bond. Interest on deposited funds will accrue to the benefit of the depositor, except that any interest earned on a cash deposit will be retained by the City for account adminis- tration. D. Notice of Incomplete or Defective Work. If the permitted work is determined to be incomplete or defec- tive, damage of existing improvements is observed, a defect is observed during the warranty period or other activities which do not comply with the permit and require corrective action by the permittee as determined by the Director, the Director shall notify the applicant in writing prior to applying proceeds of the deposit to cor- rect the work. The notice must state: 1. The work that must be done or the improvement that must be made to comply with the requirements of the permit or deposit; and 2. The amount of time that the applicant has to commence and complete the required work or improvements; and 3. That, if the work or improvements are not commenced and completed within the time specified, the City will use the proceeds of the deposit to have the required work or improvements completed. E. Default on Deposit. 1. If the work or improvements covered by the deposit are not completed within the time specified in the notice given under this chapter, the City shall obtain the proceeds of the deposit and do the work or make the improvements covered by the deposit. The City may either have employees of the City do the work or make the improvements or have a contractor do the work or make the improvements. 2. If at any time the Director determines that actions or inaction associated with any permit work has created an emergency situation endangering the public health, safety, or welfare, creating a potential liability for the City, or endangering City streets, utilities, or property; and if the nature or timing of such an emer- gency precludes the notification of applicants as pro- vided in this chapter while still minimizing or avoiding the effects of the emergency, the City may use the deposit to cover costs incurred by the City to correct the emergency situation. The City may either have employ- ees of the City do the work or make the improvements, or have a contractor do the work or make the improve- ments. If the City uses the deposit as provided by this section, the applicant shall be notified in writing within four (4) working days of the commencement of emer- gency work. The notice must state the work that was completed and the nature or timing of the emergency that necessitated the use of the deposit without prior notification. 3. The permittee is responsible for all costs incurred by the City in doing the work and making the improvements covered by the deposit. The City shall release or refund any proceeds of a deposit remaining after subtracting all costs for doing the work covered by the deposit. The permittee shall reimburse the City for any amount expended by the City that exceeds the deposit. 4. In each case where the City uses any of the proceeds of the deposit, it shall, within thirty (30) days, provide the owner of the permit an itemized statement of all proceeds and funds used. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.230 INSURANCE. A. General Provision. Before any permit is granted to any person, firm or corporation, for the work within or use of the right-of-way, such person, firm or corporation shall secure and deliver to the City and file with the Director a copy of comprehensive general lia- bility insurance in the sum of five hundred thousand dol- lars ($500,000.00) for bodily damage and property. The City shall be listed as an additional insured on the policy. Alternate methods of meeting these insurance require- ments must be approved by the City Risk Manager. B. Limited Exception. A homeowner or tenant who repairs, constructs, or uses the right-of-way front- ing his/her residence and who, in the case of repair or construction, performs all the labor him/herself shall not be required to obtain insurance as set forth in subsection A of this section. Prior to the issuance of such a permit, the homeowner or tenant shall be required to provide proof of homeowners or renters insurance in the amount of at least one hundred thousand dollars ($100,000.00) for bodily injury and property damage unless, in the Director’s discretion, this requirement is waived after consideration of the nature of the proposed use or work and the need to reasonably protect the City’s interest as (Revised 8/04)11.02-8 well as the health, safety, and welfare of the public. (Ord. 4818, Amended, 11/15/2002; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.240 HOLD HARMLESS. As a condition to the issuance of any permit under this chapter, the permittee shall agree to defend, indem- nify and hold harmless the City, its officers, employees and agents, for any and all suits, claims or liabilities caused by or arising out of any work or use authorized by any such permit. (Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.250 CORRECTION AND DISCONTINUANCE OF UNSAFE, NONCONFORMING, OR UNAUTHORIZED CONDITIONS. A. Whenever the Director determines that any condition on any right-of-way is in violation of, or any right-of-way is being used contrary to, any provision of this chapter or policies adopted hereunder or other applicable codes or standards, or without a right-of-way use permit, the Director may order the correction or dis- continuance of such condition or any activity causing such condition. B. The Director is authorized to use any or all of the following methods in ordering correction or discon- tinuance of any such conditions or activities as the Director determines appropriate: 1. Serving of oral directives to the permittee or other responsible person requesting immediate cor- rection or discontinuance of the specified condition; 2. Service of a written notice of violation, ordering correction or discontinuance of a specific con- dition or activity within a reasonable period as the Director may determine; 3. Issuance of an order to immediately stop work until authorization is received from the City to proceed with such work; 4. Revocation or suspension of previously granted permits pursuant to this chapter; 5. Seek enforcement pursuant to BMC 11.02.320. (Ord. 4874 §1, 2003; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.260 NUISANCE IN THE RIGHT-OF- WAY. A. Debris and Spilled Loads. 1. The owner or operator of any vehicle that has spilled, dropped, dumped or in any manner whatso- ever deposited any matter (“debris”) upon the right-of- way shall cause the right-of-way to be cleaned using suitable methods to the satisfaction of the Department. Upon failure to do so the Department may cause to have cleaned the right-of-way and the costs thereof shall be charged to the person or persons so responsible. The Department has the authority to designate haul routes and time of day for operations involving hauling over public right-of-way. 2. Earth-hauling contractors, builders, or anyone else utilizing vehicles upon rights-of-way shall provide persons or equipment to keep the right-of-way clean at all times to the satisfaction of the Department. Upon failure to do so, the Department may issue an immediate stop work order, revoke City permits, and the responsible person or persons may be directed to imme- diately clean the right-of-way to the satisfaction of the Department. Upon failure to do so the Department may cause to have cleaned the right-of-way and charge the costs thereof to the person or persons so responsible. B. Unauthorized Property. 1. Any object, equipment, structure, or per- sonal property (“property”) which occupies any right- of-way without the legal authorization required by this chapter is declared a nuisance. The Department may attach a notice to any such property stating that if it is not removed from the right-of-way within twenty-four (24) hours of the date and time stated on the notice, the property may be taken into custody and stored at the owner’s expense. The notice shall provide an address and phone number where additional information may be obtained. If the property is a hazard to public safety, it may be removed summarily by the City. Notice of such removal shall be thereafter given to the owner, if known. 2. All expenses incurred by the City in abat- ing the nuisance condition or any portion thereof, or to repair any damage to the right-of-way, shall constitute a civil debt owing to the City jointly and severally by such persons who have been given notice or who own the property or placed it in the right-of-way, which debt shall be collectable in the same manner as any other civil debt. C. Enforcement. If the nuisance debris or prop- erty has not been removed or remedied as directed above or in lieu of the above, the Director may seek enforcement pursuant to BMC 11.02.320. (Ord. 4874 §2, 2003; Ord. 4650, Repealed & Replaced, 06/12/1999) 11.02.270 NUISANCE UTILITY FACILITIES. A. Purpose. To establish a procedure for the iden- tification and elimination or remediation of nuisance utility poles and other utility facilities located within or upon the right-of-way. B. Utility Facilities Defined. “Utility facilities” means poles (with or without crossarms), wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or conve- nient facilities and appurtenances thereto within the right-of-way, whether the same be located over or under 11.08-1 (Revised 8/04) Chapter 11.08 SIDEWALKS - CONSTRUCTION, RECONSTRUCTION AND REPAIR Sections: 11.08.010 PURPOSE. 11.08.020 CONSTRUCTION, RECONSTRUCTION, REPAIR OF SIDEWALKS, ETC., AUTHORIZED - PAYMENT OF COST. 11.08.030 RESOLUTION - NECESSITY - CONTENTS. 11.08.040 FIXING TIME AND PLACE FOR HEARING - PUBLICATION - NOTICE OF HEARING - PROOF OF PUBLICATION AND MAILING - POSTPONEMENT OF HEARING DETERMINATION. 11.08.050 SIDEWALK CONSTRUCTION FUND. 11.08.060 ASSESSMENT ROLL - PREPARATION AND FILING - NOTICE OF HEARING - AFFIRMATION, MODIFICATION, REJECTION, OR RECASTING OF ASSESSMENT ROLL - APPEAL. 11.08.070 MANNER OF PAYMENT OF ASSESSMENT. 11.08.080 LIEN - FORECLOSURE - PROCEEDINGS AS CONCLUSIVE. 11.08.090 CITY ENGINEER TO SUPERVISE. 11.08.100 PERMIT REQUIRED - APPLICATION. 11.08.110 DEPOSIT TO ACCOMPANY PERMIT APPLICATION. 11.08.120 REJECTION OF PERMIT APPLICATION. 11.08.140 STAKING. 11.08.150 VIOLATION - PENALTY. 11.08.160 RCW ADOPTED. 11.08.010 PURPOSE. This chapter applies to situations where sidewalks need to be constructed, reconstructed, or repaired along a property frontage, when said property is not undergo- ing development or redevelopment as those terms are defined in Chapter 11.12 BMC. (Ord. 4856 §2 (in part), 2003; Ord. 1906 §§1, 2, 1950) 11.08.020 CONSTRUCTION, RECONSTRUCTION, REPAIR OF SIDEWALKS, ETC., AUTHORIZED - PAYMENT OF COST. Whenever any construction, reconstruction or repair of any sidewalks, gutters or curbs along or drive- ways across sidewalks, which work is hereafter referred to as the “improvement,” is to be done, the costs of the same may be paid for by any of the following three (3) methods: (1) From any available funds; (2) By requiring the abutting owner to construct the improvement at his/her own cost or expense; (3) By assessing all or any portion of the costs thereof against the abutting property owner. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §1, 1950) 11.08.030 RESOLUTION - NECESSITY - CONTENTS. Pursuant to Chapter 35.69 RCW, whenever the City Council finds by resolution that improvement of a por- tion of a street by construction or reconstruction of a sidewalk is necessary for the public safety and conve- nience, the duty, burden and expense of such may be the responsibility of the abutting property owner as deter- mined by said resolution. The resolution shall state whether all or specified portion shall be borne by the abutting property owner; or whether the abutting owner is required to construct the improvement at his/her own cost and expense. If the abutting owner is required to construct the improvement the resolution shall specify the time within which the construction shall be com- menced and completed; and further, that if the improve- ment or construction is not undertaken and completed within the time specified that the City will perform or complete the improvement and assess the cost against the abutting owner. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §2, 1950) 11.08.040 FIXING TIME AND PLACE FOR HEARING - PUBLICATION - NOTICE OF HEARING - PROOF OF PUBLICATION AND MAILING - POSTPONEMENT OF HEARING DETERMINATION. If all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improve- ment, the resolution shall fix a time from and after its passage, and a place, for hearing on the resolution. The resolution shall be published for two (2) consecutive weeks before the time of hearing in the official newspa- per of the City and a notice of the date of such hearing shall be given each owner or reputed owner of the abut- ting property by personal delivery or by mailing to the owner or reputed owner of the property as shown on the (Revised 8/04)11.08-2 tax rolls of the County Treasurer, at the address shown thereon a notice of the date of hearing. Such mailing to be at least ten (10) days before the date fixed for such hearing. If the publication and mailing is made as herein required, proof thereof by affidavit shall be filed with the City Clerk before the hearing. The hearing may be postponed from time to time to a definite date until the hearing is held. At the time of hearing, the Council shall hear persons who appear for or against the improve- ment, and determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §3, 1950) 11.08.050 SIDEWALK CONSTRUCTION FUND. When all or any portion of the cost is to be assessed against the abutting property owner, the City Council may create a “Sidewalk Construction Fund No. ....” to be numbered differently for each improvement; and with warrants drawn on this fund the cost of the respec- tive improvements may be paid. The City may advance as a loan to the sidewalk construction fund from any available funds the amounts necessary to pay any costs of the improvement. When any assessments are made for the improvement payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts nec- essary to pay outstanding warrants any advances or loans made to the fund shall be repaid. Whenever war- rants are drawn on any such fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate estab- lished by the City Council by resolution. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §4, 1950) 11.08.060 ASSESSMENT ROLL - PREPARATION AND FILING - NOTICE OF HEARING - AFFIRMATION, MODIFICATION, REJECTION, OR RECASTING OF ASSESSMENT ROLL - APPEAL. Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the proper City official or by the City Council which shall to the extent necessary be based on benefits and which shall describe the property assessed, the name of the owner, if known, otherwise stating that the owner is unknown and fixing the amount of the assessment. The assessment roll shall be filed with the City Clerk, and when so filed the Council shall by resolution fix a date for hearing thereon and direct the Clerk to give notice of such hearing and the time and place thereof. The notice of hearing shall be mailed to the person whose name appears on the County Trea- surer’s tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the hearing for two (2) consecutive weeks in the official newspaper or reg- ular official publication of the City. The notice shall be mailed and first publication made at least ten (10) days before the hearing date. Proof of mailing and publica- tion shall be made by affidavit and shall be filed with the City Clerk before the date fixed for the hearing. Follow- ing the hearing the City Council shall by ordinance affirm, modify or reject, or order recasting of the assess- ment roll. An appeal may be taken to the Superior Court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assess- ment roll pursuant to Chapter 35.44 RCW. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §5, 1950) 11.08.070 MANNER OF PAYMENT OF ASSESSMENT. The City Council shall provide whether the full amount of the assessment shall be paid in one (1) pay- ment or whether it may be paid in installments and shall prescribe the time and amount of such payments; and if more than one (1) payment is provided for, the City Council may provide for interest on unpaid installments and fix the rate thereof. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §6, 1950) 11.08.080 LIEN - FORECLOSURE - PROCEEDINGS AS CONCLUSIVE. The assessment roll as affirmed or modified by the City Council shall be filed with the City Treasurer for collection, and the amount thereof including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any pay- ment on any assessment or installment is delinquent and unpaid for a period of thirty (30) days or more the lien may be foreclosed in the same manner and with the same effect as is provided by Chapter 35.49 RCW, as amended. Whenever the deed is issued after the sale therein provided, the regularity, validity, and correct- ness of the proceedings relating to such improvement and the assessment therefor shall be final and conclusive and no action shall thereafter be brought by or in behalf of any person to set aside said deed. (Ord. 4856 §2 (in part), 2003; Ord. 1907 §7, 1950) 11.08.090 CITY ENGINEER TO SUPERVISE. Whenever any sidewalk, curb or driveway on pub- lic rights-of-way in the City is to be constructed, the City Engineer shall, in addition to establishing the align- ment and grade, be vested with general supervision in order to ensure a quality of construction in keeping with general plans and specifications applicable to the local- ity in which the work is being done. To that end, when- 11.08-3 (Revised 8/04) ever an abutting property owner proposes to construct or reconstruct a sidewalk, curb or driveway it shall be his/her duty, either in person or through his/her contrac- tor, in the event the work is to be done by contract, to notify the City Engineer of the time the work is to be commenced. (Ord. 4856 §2 (in part), 2003; Ord. 2258 §1, 1957) 11.08.100 PERMIT REQUIRED - APPLICATION. No person, firm or corporation shall construct or reconstruct any curb, sidewalk or driveway on public rights-of-way without first obtaining a permit from the City, pursuant to BMC 11.02.080 and related permitting requirements of Chapter 11.02 BMC. (Ord. 4892 §1, 2004; Ord. 4856 §2 (in part), 2003; Ord. 2258 §2, 1957) 11.08.110 DEPOSIT TO ACCOMPANY PERMIT APPLICATION. At the time of filing his/her application for a permit the applicant shall deposit with the Engineering Depart- ment a fee equal to twenty cents ($0.20) per lineal foot of frontage on the street with a minimum fee of twenty dollars ($20.00), which sum shall be used to help defray the costs of setting grades and alignment. (Ord. 4856 §2 (in part), 2003; Ord. 2258 §3, 1957) 11.08.120 REJECTION OF PERMIT APPLICATION. Whenever in the opinion of the Engineer the con- struction of a curb and/or gutter will create a hazard to adjoining property or to the City he/she may deny the application for the construction of a curb and/or gutter and shall set forth on the application the reasons for his/her rejection of the application. (Ord. 4856 §2 (in part), 2003; Ord. 2258 §4, 1957) 11.08.140 STAKING. Where the property owner required the staking of lines or grades for walks, curbs, streets or drives where such staking is to provide the property owner with con- trols for construction of buildings, walks, driveways or other improvements on his/her own property, the prop- erty owner shall make application to the City Engineer for such staking. The City Engineer shall perform the work of staking such lines or grades and shall charge to the property owner the cost to the City for such work on the basis of time, materials and equipment rental at an hourly rate not less than six dollars and fifty cents ($6.50). (Ord. 4856 §2 (in part), 2003; Ord. 2258 §6, 1957) 11.08.150 VIOLATION - PENALTY. (a) Any violation of BMC 11.08.100 constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 4856 §2 (in part), 2003; Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 2968 §3, 1971) 11.08.160 RCW ADOPTED. Chapter 35.69 RCW is adopted for the regulation of construction and reconstruction of sidewalks, the expense of which is to be borne by the abutting owner and the provision of this section will be in addition to any other method provided for by ordinance of the City. (Ord. 4856 §2 (in part), 2003; Ord. 2331 §1, 1959) 17.04-1 (Revised 8/04) Chapter 17.04 CITY BUILDING CODE Sections: 17.04.010 PURPOSE. 17.04.020 STATE BUILDING CODE - ADOPTION. 17.04.030 CODE CONFLICTS. 17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - ADMINISTRATION. 17.04.050 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. 17.04.060 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - SECTION 907 FIRE ALARM AND DETECTION SYSTEMS. 17.04.070 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - SECTION 3002 ELEVATORS AND CONVEYING SYSTEMS. 17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. 17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE. 17.04.100 AMENDMENTS TO THE UNIFORM PLUMBING CODE. 17.04.110 AMENDMENTS TO THE UNIFORM HOUSING CODE (UHC). 17.04.120 AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS (DBC). 17.04.130 BUILDING CODES - FEES. 17.04.140 APPEALS. 17.04.150 VIOLATION - PENALTY. 17.04.010 PURPOSE. The purpose of the City Building Code is to enhance the health, safety and welfare of the public as a whole by ensuring that buildings, dwellings, structures and land will be constructed, maintained and used in a manner so as to reduce hazards, increase durability and require consistent patterns of community development; provided, notwithstanding anything in this chapter or in the codes adopted in BMC 17.04.020 to the contrary, this chapter and the codes adopted in BMC 17.04.020 establish duties owed to the public as a whole and not any duties to protect any person or class of persons. (Ord. 4904 §1, 2004) 17.04.020 STATE BUILDING CODE - ADOPTION. In accordance with Chapter 19.27 RCW, the fol- lowing codes (collectively, the “building codes”) together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to the Washington Administra- tive Code (“WAC”), and as further amended in this chapter, are adopted by reference: (a) The International Building Code, 2003 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. (b) The International Residential Code, 2003 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC. (c) The International Mechanical Code, 2003 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC. (d) The Uniform Plumbing Code, 2003 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC and the Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing Code), as amended pursuant to Chapter 51-57 WAC. (e) The Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials. (f) The Uniform Code for the Abatement of Dan- gerous Buildings, 1997 Edition, published by the Inter- national Conference of Building Officials. (g) The Washington State Energy Code as written by the Washington State Building Code Council pursu- ant to Chapter 51-11 WAC. (h) The Washington State Ventilation and Indoor Air Quality Code as written by the Washington State Building Code Council pursuant to Chapter 51-13 WAC. (i) The Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials for the limited purpose to enforce the Uniform Code for the Abatement of Dangerous Buildings and the Uniform Housing Code referenced above. (j) The Uniform Mechanical Code, 1997 Edition, published by the International Conference of Building Officials for the limited purpose to enforce the Uniform Code for the Abatement of Dangerous Buildings and the Uniform Housing Code referenced above. (Revised 8/04)17.04-2 One (1) copy of each of these codes is on file with the City’s Building Official. (Ord. 4904 §1, 2004) 17.04.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a con- flict exists between the provisions of the State Building Codes adopted by the Washington State Building Code Council and the provisions of this chapter, the Bremer- ton Municipal Code provisions shall govern. In cases of conflict among the codes enumerated in BMC 17.04.020(a) through (j), the first named shall govern over those following. (Ord. 4904 §1, 2004) 17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - ADMINISTRATION. The following local amendments to the Interna- tional Building Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Building Code: (a) General - Building Code Appendices Adopted. Section 101 of the International Building Code, entitled “General,” is amended by adding the following new Subsection 101.5: Sec. 101.5 Building code appendices adopt- ed. Appendices C, H, I, and J to the Internation- al Building Code are hereby adopted; however, the public works director shall have the author- ity to enforce and interpret Appendix J and, ac- cordingly, all references to the “building official” in Appendix J shall be substituted with the words “public works director.” (b) Duties and Powers of Building Official - Lot Lines and Setback Lines. Section 104 of the Interna- tional Building Code, entitled “Duties and Powers of Building Official,” is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Not- withstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be im- plied. (c) Board of Appeals. Section 112 of the Interna- tional Building Code, entitled “Board of Appeals,” is amended by substituting Section 112 with the follow- ing: Sec. 112 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, design, and meth- ods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (Ord. 4904 §1, 2004) 17.04.050 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. The following local amendments to Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” are adopted and incorporated into the International Building Code: (a) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2 with the fol- lowing: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed as follows: 1. In all buildings without adequate fire flow as required by this code. Exception: Group U Occupancies. 2. All new buildings and structures with a gross floor area of 10,000 or more square feet (929 m2), or where this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by this code. Exception: Spaces or areas in telecommunica- tions buildings used exclusively for telecommu- nications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or ar- eas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire-re- sistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rat- ing of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an oc- cupancy within an otherwise non-sprinkled building, then automatic sprinkler protection will be required throughout the entire building. 17.04-3 (Revised 8/04) 4. Only 4 hour area separation walls without openings shall constitute separate buildings to allow for a fire sprinkler exemption. (b) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1 with the following: Sec. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupan- cies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system shall be provid- ed in the spaces indicated in 903.2.1.5. (c) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1.1 with the following: Sec. 903.2.1.1 Group A-1. An automatic sprin- kler system shall be provided for Group A-1 oc- cupancies where one of the following conditions exists: 1. The gross fire area of the building exceeds 10,000 square feet. 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. 4. The fire area contains a multi-theater com- plex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). (d) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprin- kler system shall be provided for Group A-2 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprin- kler system shall be provided for Group A-3 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 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. Exception. Areas used exclusively as partici- pant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (f) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1.4 with the following: Sec. 903.2.1.4 Group A-4. An automatic sprin- kler system shall be provided for Group A-4 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 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. Exception. Areas used exclusively as partici- pant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (Revised 8/04)17.04-4 (g) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.2 with the following: Sec. 903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupan- cies as follows: 1. Throughout all Group E occupancies where the fire area of the building exceeds 10,000 square feet. 2. Throughout every portion of educational buildings below the level of exit discharge. Exception. An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level. 3. Throughout all newly constructed Group E occupancies having an occupant load of 50 or more for more than 12 hours per week or four hours in any one day. A minimum water supply meeting the requirements of NFPA 13 shall be required. The fire code official may reduce fire flow requirements for buildings protected by an approved automatic sprinkler system. For the purpose of this section, additions ex- ceeding 60 percent of the assessed value of such building or structure, or alterations and re- pairs to any portion of a building or structure within a twelve-month period that exceeds 100 percent of the value of such building or struc- ture shall be considered new construction. In the case of additions, only 4 hour area separa- tion walls shall define separate buildings re- garding sprinkler requirements. Exceptions. 1. Portable school classrooms, provided aggre- gate areas of clusters of portable school class- rooms does not exceed 5,000 square feet (1465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code. 2. Group E day care. When not required by other provisions of this chapter, a fire-extinguishing system installed in accordance with NFPA 13 may be used for in- creases and substitutions allowed in Sections 504.2, 506.3, and Table 601 of the building code. (h) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.3 with the following: Sec. 903.2.3 Group F. An automatic sprinkler system shall be provided throughout all build- ings containing a Group F occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (i) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.6 with the following: Sec. 903.2.6 Group M. An automatic sprinkler system shall be provided throughout all build- ings containing a Group M occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (j) Automatic Sprinkler Systems - Speculative Use Warehouses. Section 903 of the International Building Code, entitled “Automatic Sprinkler Sys- tems,” is amended by adding the following new Subsec- tion 903.2.8.3: Sec. 903.2.8.3. Speculative use warehouses. Where the occupant, tenant, or use of the build- ing or storage commodity has not been deter- mined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accor- dance with the following: 1. The design area shall be not less than 5,600 square feet (520 m2). 2. The density shall be not less than that for class IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire 17.04-5 (Revised 8/04) mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engi- neer of record shall provide written verification approving of the point and dead loads. (k) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.8 with the following: Sec. 903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all build- ings containing a Group S-1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade. (l) Automatic Sprinkler Systems - Where Required. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.7 with the following: Sec. 903.2.7 Group R. All Group R occupan- cies of five (5) or more units shall be equipped with an automatic sprinkler system installed in accordance with 903.3. Sprinkler heads in kitch- ens shall be installed (on the ceiling) no more than 2 feet out from the front of the stove top. (m) Automatic Sprinkler Systems - Installation Requirements. Section 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.3.7 with the following: Sec. 903.3.7 Fire department connection lo- cations. All fire department connection loca- tions (F.D.C.'s) to automatic sprinklers and/or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the fin- ished edge of an approved fire apparatus ac- cess road. F.D.C.'s shall not be located more than 50 feet from a fire hydrant. F.D.C.'s and fire hydrants shall be located on the same side of an approved apparatus access road. F.D.C.'s serving sprinkler systems shall not be located on the wall of a building, unless approved by the fire code official. F.D.C.'s serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or non- combustible construction. Exception. F.D.C.'s that are not able to be lo- cated away from a wall due to physical restric- tions, may be located in an area approved by the fire code official. F.D.C.'s shall be in- stalled/located at the front of the building not less than 18 inches nor more than 36 inches above the finished grade of an approved fire ap- paratus access road. F.D.C.'s shall not be ob- structed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features. FDC’s shall be pro- vided with tight fitting threaded caps or Knox type lockable caps. (n) Automatic Sprinkler Systems - Alarms. Sec- tion 903 of the International Building Code, entitled “Automatic Sprinkler Systems,” is amended by substi- tuting Subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be con- nected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor operated and shall be provided on the exterior of the building in an approved loca- tion at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 903.4.2.1 Alarms - Interior notification. Actu- ation of the automatic sprinkler system shall ac- tuate interior audible/visual notification appli- ances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is installed. The fire alarm system notification circuits shall provide the interior notification. Exception: NFPA 13D and NFPA 13R sprinkler systems do not require interior audible/visual notification appliances, except if a fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior no- tification. (Ord. 4904 §1, 2004) (Revised 8/04)17.04-6 17.04.060 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - SECTION 907 FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Building Code, entitled “Fire Alarm and Detection Systems” are adopted and incorporated into the International Building Code: (a) Fire Alarm and Detection Systems - General. Section 907 of the International Building Code, entitled “Fire Alarm and Detection Systems,” is amended to add Subsection 907.1.3 as follows: Sec. 907.1.3 Fire detection system. In addi- tion to any requirement of subsection 907.2 or 907.3, all occupancies exceeding 4,000 square feet gross floor area shall be required to provide an approved addressable automatic fire detec- tion system to meet NFPA 72 requirements. Fire walls as noted in the International Building Code shall not be considered to separate a building to enable deletion of the required fire detection system unless the fire walls are as de- fined in section 902 of this code. Exceptions: 1. Group U Occupancies. 2. Occupancies protected throughout by an approved/monitored automatic sprinkler sys- tem can delete heat detectors from the system. 3. One and two family residences. 4. Those buildings that require 10 or less fire alarm devises pursuant to 907.2. (b) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Building Code, entitled “Fire Alarm and Detection Systems,” is amended by substituting Subsection 907.2 with the fol- lowing: Sec. 907.2 Where required. In addition to the requirements set forth in Sections 907.2.1 through 907.2.23, all new occupancies of Groups A, B, E, F, H, I, M, R, and S, within new or existing buildings or structures, where the fire area exceeds 4,000 square feet, an approved manual and automatic fire alarm system shall be provided. Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices. Where automatic sprinkler protection installed in accor- dance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm sys- tem, automatic heat detection requirements of this section may be modified upon specific ap- proval by the fire code official. In all remodels of existing non-sprinkled build- ings over 4,000 square feet gross floor area, when the value of any remodel work exceeds 50 percent of the building’s assessed valuation. In any non-sprinkled existing building over 4,000 square feet gross floor area when a change in occupancy use classification occurs. (c) Fire Alarm and Detection Systems - Duct Smoke Detectors. Section 907 of the International Building Code, entitled “Fire Alarm and Detection Sys- tems,” is amended to repeal Exception 1 in Subsection 907.12. The amended Subsection 907.12 reads as fol- lows: Sec. 907.12 Duct smoke detectors. Duct smoke detectors shall be connected to the building’s fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audi- ble supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area de- tection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visi- ble or audible signal in an approved location and shall be identified as air duct detector trou- ble. (d) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Building Code, entitled “Fire Alarm and Detection Systems,” is amended by substituting subsection 907.15 with the fol- lowing: Sec. 907.15 Monitoring. Where fire alarm sys- tems are required by this chapter or by the In- ternational Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 17.04-7 (Revised 8/04) 2. Smoke detectors in Group I-3 occupan- cies. 3. Automatic sprinkler systems in one- and two-family dwellings. 4. Those existing R-1 and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. (e) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Building Code, entitled “Fire Alarm and Detection Systems,” is amended by adding a new Subsection 907.17.1: Sec. 907.17.1 Testing Prerequisites. Upon completion of the installation or alteration, a sat- isfactory test of the entire system and its func- tions shall be made in the presence of the fire code official within two weeks of completion of installation. Prior to the acceptance test, written documentation shall be provided to the fire de- partment certifying that the system has been in- stalled and pre-tested in accordance with the approved plans and specifications. (f) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Building Code, entitled “Fire Alarm and Detection Systems,” is amended by adding a new Subsection 907.21: Sec. 907.21. Location/Security. The control unit, remote annunciator, alarm panel, and ac- cess keys to locked fire alarm equipment shall be installed and maintained in a location ap- proved by the fire code official. All occupancies equipped with a fire sprinkler or alarm system shall install a key safe below an exterior horn strobe and near the access to the remote an- nunciator or main entrance. Alarm panel access keys and building access keys or master keys shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of the fire code official. (g) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Building Code, entitled “Fire Alarm and Detection Systems,” is amended by adding a new Subsection 907.22: Sec. 907.22. Instructions. Written operating instructions for the fire alarm system shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of fire code offi- cial. All alarm systems shall be capable of being silenced without having to be reset. Alarm pan- els that require a reset code to silence or reset the system shall be programmed with a fire de- partment reset code that is approved by the fire code official. (Ord. 4904 §1, 2004) 17.04.070 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - SECTION 3002 ELEVATORS AND CONVEYING SYSTEMS. The following local amendments to Section 3002 of the International Building Code entitled “Elevator and Conveying Systems” are adopted and incorporated into the International Building Code: (a) Elevators and Conveying Systems. Section 3002.4 entitled “Elevator Car to accommodate ambu- lance” is amended by substituting Section 3002.4 with the following: 3002.4 Elevator car to accommodate ambu- lance stretcher. In buildings three stories in height or more, at least one elevator shall be provided for fire department emergency access to all floors. Such elevator car shall be of such a size and arrangement to accommodate a 24- inch by 76-inch (610 mm by 1930 mm) ambu- lance stretcher in the horizontal, open position and shall be identified by the international sym- bol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame. (Ord. 4904 §1, 2004) 17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. The following local amendments to the Interna- tional Residential Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Residential Code: (a) Duties and Powers of Building Official - Lot Lines and Setback Lines. Section R104 of the Interna- tional Residential Code, entitled “Duties and Powers of Building Official,” is amended by adding the following new Subsection R104.12: Sec. R104.12 Lot lines and setback lines. Notwithstanding the authority of the building of- ficial to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. (Revised 8/04)17.04-8 (b) Board of Appeals. Section R112.1 of the Inter- national Residential Code, entitled “Board of Appeals,” is amended by substituting Section R112.1 with the fol- lowing: Sec. R112.1 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, design, and meth- ods of construction and appeals of the reason- able application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (Ord. 4904 §1, 2004) 17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE. The following local amendments to the Interna- tional Mechanical Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Mechanical Code as if fully set forth therein. (a) Violations - Penalties. Section 108 of the Inter- national Mechanical Code, entitled “Violations,” is amended by substituting Subsection 108.4 with the fol- lowing: Sec. 108.4 Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs mechanical work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provi- sions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremer- ton Municipal Code or as otherwise provided by law. (b) Means of Appeal - Board of Appeals. Section 109 of the International Mechanical Code, entitled “Means of Appeal,” is amended by substituting Section 109 with the following: Sec. 109 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, designs, and methods of construction and appeals of the rea- sonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (Ord. 4904 §1, 2004) 17.04.100 AMENDMENTS TO THE UNIFORM PLUMBING CODE. The following local amendments to the Uniform Plumbing Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the Uniform Plumbing Code: (a) Title, Scope, and General - Appendices Adopted. Section 101 of the Uniform Plumbing Code, entitled “Title, Scope, and General,” is amended by add- ing the following new Subsection 101.6: Sec. 101.6 Appendices adopted. The Uniform Plumbing Code standards set forth in Appendi- ces A, B, and I of the Uniform Plumbing Code are hereby adopted. (b) Organization and Enforcement - Penalties. Section 102 of the Uniform Plumbing Code, entitled “Organization and Enforcement,” is amended by substi- tuting Subsection 102.3.2 with the following: Sec. 102.3.2 Penalties. Any person who vio- lates a provision of this code or fails to comply with any of its requirements or who erects, in- stalls, alters, or repairs plumbing work in viola- tion of: (a) the approved construction docu- ments, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise pro- vided by law. (c) Organization and Enforcement - Board of Appeals. Section 102 of the Uniform Plumbing Code, entitled “Organization and enforcement,” is amended by substituting Subsection 102.4, a subsection that was added to the State Code in accordance with WAC 51- 56-0100, with the following: Sec. 102.4 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, designs, and methods of construction and appeals of the rea- sonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (Ord. 4904 §1, 2004) 17.04-9 (Revised 8/04) 17.04.110 AMENDMENTS TO THE UNIFORM HOUSING CODE (UHC). The following local amendments to the Uniform Housing Code previously adopted in BMC 17.04.030 are hereby adopted as if fully set forth therein. (a) Repealer. Chapters 12 through 13 of the Uni- form Housing Code are hereby repealed. (b) Board of Appeals. Section 203 of the Uniform Housing Code, entitled “Board of appeals,” is amended by substituting Section 203 with the following: Sec. 203 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, design, and meth- ods of construction and appeals of the reason- able application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (c) Violations. Section 204 of the Uniform Hous- ing Code, entitled “Violations,” is amended by substi- tuting Section 204 with the following: Sec. 204 Violations 204.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 204.2 Violation penalties. Any person who vi- olates a provision of this code or fails to comply with any of its requirements or who erects, con- structs, alters or repairs a building or structure in violation of: (a) the approved construction documents, (b) a directive of the building offi- cial, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise pro- vided by law. (d) UHC Section 1001.2(15) is amended to read: Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include, but not be limited to, the following: ... (15) Lack of adequate garbage and rubbish storage and removal of facilities as determined by the building official. (Ord. 4904 §1, 2004) 17.04.120 AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS (DBC). (a) Repealer. Chapters 5 and 6 of the Uniform Code for the Abatement of Dangerous Buildings are repealed. (b) Purpose. Section 102.1 of the Uniform Code for the Abatement of Dangerous Buildings entitled “Purpose” is amended by substituting Section 102.1 with the following: 102.1 Purpose. It is the purpose of this code to provide a just, equitable and practicable meth- od, to be cumulative with and in addition to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be re- paired, vacated or demolished. It is hereby found that there exist within the City dwellings which are unfit for human habitation, and building structures, and premises or por- tions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, de- fects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facil- ities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of this City. The purpose of this code is not to create or oth- erwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. (c) Abatement of Dangerous Buildings. Section 202 of the Uniform Code for the Abatement of Danger- ous Buildings, entitled “Abatement of Dangerous Build- ings,” is amended by substituting Section 202 with the following: Sec. 202. Abatement of dangerous build- ings. All buildings or portions thereof which are determined after inspection by the building offi- cial to be dangerous as defined in this code are hereby declared to be public nuisances and (Revised 8/04)17.04-10 shall be abated by repair, rehabilitation, demo- lition or removal. (d) Violations. Section 203 of the Uniform Code for the Abatement of Dangerous Buildings, entitled “Violations,” is amended by substituting Section 203 with the following: Sec. 203 Violations. 203.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, con- struct, alter, extend, repair, move, remove, de- molish, or occupy any building, structure, or equipment regulated by this code, or cause the same to be done, in conflict with or in violation of any of the provisions of this code. 203.2 Violation penalties. Any person who vi- olates a provision of this code or fails to comply with any of its requirements or who erects, con- structs, alters or repairs a building or structure in violation of: (a) the approved construction documents, (b) a directive of the building offi- cial, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise pro- vided by law. (e) Board of Appeals. Section 205 of the Uniform Code for the Abatement of Dangerous Buildings, enti- tled “Board of Appeals,” is amended by substituting Section 205 with the following: Sec. 205 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, designs, and methods of construction and appeals of the rea- sonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Mu- nicipal Code. (f) General - Definitions. Section 301 of the Uni- form Code for the Abatement of Dangerous Buildings is amended as follows: Sec. 301 General. For the purpose of this code, certain terms, phrases, words, and their deriva- tives shall be construed as specified in either this chapter or as specified in the building code or the housing code. Where terms are not de- fined, they shall have their ordinary accepted meanings within the context with which they are used. “Webster’s Third New International Dic- tionary of the English Language, Unabridged,” copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the sin- gular. Words used in the masculine gender in- clude the feminine and the feminine the masculine. Building code is the International Building Code or the International Residential Code, as may be applicable, promulgated by the International Code Council, Inc., as adopted by this jurisdiction. Dangerous building is any building or structure deemed to be dangerous under the provision of section 302 of this code. Endangered as used in section 302 means neg- atively affected, to any degree, by any and all conditions, actions or omissions which, singu- larly or together, reduce or are likely to reduce or negatively impact the life or limb, health, property or safety of the public, including but not limited to, economy in the provision of public service, general welfare, economic viability, or security in the enjoyment of the community. Health officer as used in this code shall mean the building official or his or her designee. Housing code is the Uniform Housing Code pro- mulgated by the International Conference of Building Officials, as adopted by this jurisdic- tion. (g) Unfit Buildings and Premises. Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, entitled “Unfit Buildings and Premises,” is amended as follows: 302 Unfit Buildings And Premises. For the purpose of this code, any building, structure or premises which has any or all of the conditions or defects hereinafter described shall be deemed to be an unfit building or pre- mises, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are en- dangered: ... 15. Whenever any building, structure or pre- mises, because of inadequate maintenance, di- lapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanita- tion facilities, accumulation of garbage or refuse, or otherwise, is determined by the build- ing officer to be unsanitary, unfit for human hab- itation or in such a condition that is likely to cause sickness or disease to the occupants, oc- cupants of neighboring dwellings or other resi- 17.04-11 (Revised 8/04) dents of the city. When a structure or premises is declared unfit under this subsection, repair as used in the DBC shall include removal of the condition. ... (h) Account Expense, Filing of Report. Section 901 of the Uniform Code for the Abatement of Danger- ous Buildings, entitled “Unfit Buildings and Premises,” is amended as follows: 901 Account Of Expense, Filing Of Report. The director of public works shall keep an item- ized account of the expense incurred by this ju- risdiction in the repair or demolition of any building or premises done pursuant to the provi- sions of Section 701.3, Item 3, of this code, the cost of vacation and closing a building under 403 and the administrative costs incidental to abatement as set by council resolution. Upon the completion of the work or repair, removal or demolition, said director shall prepare and file with the clerk of this jurisdiction a report speci- fying the work done, the itemized and total cost of the work including administrative charge, a description of the real property upon which the building or structure or condition is or was locat- ed, and the names and addresses of the per- sons entitled to notice pursuant to Section 401.3. (i) Interest. Section 908(b) of the Uniform Code for the Abatement of Dangerous Buildings, entitled “Interest,” is amended as follows: 908(b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assess- ment roll shall become delinquent and shall bear interest at the rate provided for in RCW 84.56.020 as now or hereafter amended for de- linquent taxes from and after said date. (j) Report to Assessor and Tax Collector - Addi- tion of Assessment to Tax Bill. Section 909 of the Uni- form Code for the Abatement of Dangerous Buildings entitled “Report to Assessor and Tax Collector: Addi- tion to Tax Bill” is amended as follows: 909 Report To Assessor And Tax Collector: Addition Of Assessment To Tax Bill. After confirmation of the report, the Treasurer shall certify to the County Treasurer the amount of such assessment due and owing. (k) Collection of Assessment - Penalties for Fore- closure. Section 911 of the Uniform Code for the Abate- ment of Dangerous Buildings, entitled “Collection of Assessment: Penalties for Foreclosure,” is amended as follows: 911 Collection of Assessment: Penalties for Foreclosure. The County Treasurer shall enter the amount of such assessment upon the tax rolls against the property and pursuant to RCW 35.80.030, the same or the annual installment shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or here- after amended, for delinquent taxes. If the legislative body of this jurisdiction has de- termined that the assessment shall be paid in installments, each installment shall become a part of the general taxes for that year to be col- lected at the same time with interest at such rate and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes. (Ord. 4904 §1, 2004) 17.04.130 BUILDING CODES - FEES. The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC 3.01.040, Commu- nity Development - Rate Table C, as currently enacted or as hereafter amended. (Ord. 4904 §1, 2004) 17.04.140 APPEALS. (a) Appeals to the Hearings Examiner. (1) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the appli- cation of the building codes cited in this chapter. The City Hearings Examiner, however, shall have no author- ity relative to interpretation of the administrative provi- sions of these codes, nor shall the City Hearings Examiner be empowered to waive requirements of these building codes. (2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of prop- erty to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or deci- sion, or who would be aggrieved or adversely affected by a reversal or modification of the order, determina- (Revised 8/04)17.04-12 tion, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that per- son; b. A judgment in favor of that per- son would substantially eliminate or redress the preju- dice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. (Ord. 4904 §1, 2004) 17.04.150 VIOLATION - PENALTY. (a) Any violation of any provision of the City Building Code, Chapter 17.04 BMC, constitutes a civil violation under Chapter 1.04 BMC for which a mone- tary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of the City Building Code, Chapter 17.04 BMC, shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 4904 §1, 2004) 18.02-1 (Revised 8/04) Chapter 18.02 CITY FIRE CODE Sections: 18.02.010 PURPOSE. 18.02.020 FIRE CODE - ADOPTED. 18.02.030 CODE CONFLICTS. 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -SECTION 311, VACANT PREMISES. 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 14, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL- DISPENSING FACILITIES AND REPAIR GARAGES. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS. 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 46, MARINAS. 18.02.140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. 18.02.150 FIRE CODES - FEES. 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. 18.02.170 VIOLATION - PENALTY. 18.02.180 APPEALS. 18.02.010 PURPOSE. The purpose of the City Fire Code is to prescribe regulations consistent with nationally recognized good practice for safeguarding to a reasonable degree of pro- tection the life and property of our citizens from the haz- ards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or prop- erty in the use or occupancy of buildings or premises. (Ord. 4903 §1, 2004) 18.02.020 FIRE CODE - ADOPTED. In accordance with Chapter 19.27 RCW, the Inter- national Fire Code, 2003 Edition, published by the Inter- national Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursu- ant to the Washington Administrative Code (“WAC”), and International Fire Code, 2003 Edition, Appendices B, C, D, and as further amended in this chapter, is hereby adopted and incorporated by this reference. One (1) copy of the International Fire Code is on file with the City’s Fire Code Official. (Ord. 4903 §1, 2004) 18.02.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a con- flict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. (Ord. 4903 §1, 2004) 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. (a) General Authority and Responsibilities - Retained Authority. Section 104 of the International Fire Code, entitled “General Authority and Responsibil- ities,” is amended by adding the following new Subsec- tion 104.1.1: Sec. 104.1.1 Retained authority - Additional conditions. The fire code official retains the au- thority to impose additional conditions where the official determines it necessary to mitigate identified fire protection impacts. These condi- tions may include, by way of example and with- out limitation, increased setbacks, use of fire retardant materials, installation of standpipes, fire sprinkler and fire alarm systems. (Revised 8/04)18.02-2 (b) General Authority and Responsibilities - Lot Lines and Setback Lines. Section 104 of the Interna- tional Fire Code, entitled “General Authority and Responsibilities,” is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Not- withstanding the authority of the fire code offi- cial to administer and enforce the fire code, the fire code official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be im- plied. (c) Permits - Fees. Section 105 of the International Fire Code, entitled “Permits,” is amended by adding the following new Subsection 105.1.4: Sec. 105.1.4 Fees. The fire code official shall prepare a resolution establishing a schedule of fees, if any, for council consideration, which fees shall include the cost involved in the pro- cessing, issuance, and renewal of permits and certificates. Any fee schedule adopted by reso- lution shall govern the fee amount to be as- sessed for any permit or certificate and the fire code official shall collect those fees as a condi- tion to issuance or renewal of any permit or cer- tificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, shall result in the City’s termination of the permit or certificate applica- tion. (d) Permits - Term. Section 105 of the Interna- tional Fire Code, entitled “Permits,” is amended by add- ing the following new Subsection 105.1.5: Sec. 105.1.5 Term. Permits and certificates is- sued in accordance with this code shall be valid for a 12 month period and are renewable at the end of that 12 month term. (e) Board of Appeals. Section 108 of the Interna- tional Fire Code, entitled “Board of appeals,” is amended by substituting Section 108 with the follow- ing: Sec. 108 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the suit- ability of alternate materials, designs, and methods of construction and appeals of the rea- sonable application and interpretation of the building and fire codes. Appeals shall be made as set forth in section 18.02.180 of the Bremer- ton Municipal Code. (f) Violation Penalties. Section 109 of the Interna- tional Fire Code, entitled “Violations,” is amended by substituting Subsection 109.3 with the following: Sec. 109.3 Violation penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, constructs, alters, or repairs a building or structure in violation of (a) the approved con- struction documents, (b) a directive of the fire code official, or (c) a permit or certificate issued under the provisions of this code, shall be sub- ject to penalties as set forth in section 18.02.170 of the Bremerton Municipal Code or as otherwise provided by law. (g) General Definitions. Section 202 of the Inter- national Fire Code is amended to add the following four general definitions: APWA is the American Public Works Associa- tion. AWWA is the American Water Works Associa- tion. PRIVATE HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. PUBLIC HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes without restrictions as to use for that purpose and is accessible for immediate use at all times. (Ord. 4903 §1, 2004) 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES. The following local amendments to Section 311 of the International Fire Code, entitled “Fire Alarm and Detection Systems” are adopted and incorporated into the International Fire Code: (a) Vacant Premises - Fire Protection Systems. Section 311 of the International Fire Code, entitled “Vacant Premises,” is amended by substituting Subsec- tion 311.2.2 with the following: Sec. 311.2.2 Fire protection. Fire alarm, sprin- kler, and standpipe systems shall be main- tained in an operable condition at all times. 18.02-3 (Revised 8/04) Exception: If, in the opinion of the fire code of- ficial, the premises (a) has been cleared of all combustible materials and debris, (b) is of the type of construction with sufficient fire separa- tion distance so as to not create a fire hazard, (c) has been secured to prohibit entry by unau- thorized persons, and (d) has buildings that will not be heated, potentially exposing fire protec- tion systems to freezing temperatures, then the fire code official may allow fire alarm and sprin- kler systems to be placed out of service and may allow standpipes to be maintained as dry systems (without an automatic water supply). (Ord. 4903 §1, 2004) 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. The following local amendments to Chapter 5 of the International Fire Code, entitled “Fire Service Fea- tures,” are adopted and incorporated into the Interna- tional Fire Code: (a) Fire Service Features - Fire Apparatus Access Roads. Section 503 of the International Fire Code, enti- tled “Fire Apparatus Access Roads,” is hereby adopted. (b) Fire Apparatus Access Roads - Dimensions. Section 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by substituting Subsection 503.2.1 with the following: Sec. 503.2.1 Dimensions. The following mini- mum dimensions shall apply for fire apparatus access roads: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503.6 and Appendix D 103.5, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2. In the immediate vicinity of any building or portion thereof in excess of 28 feet in height, the fire apparatus access road shall have an unob- structed width of not less than 26 feet (7924 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 3. At least one of the required fire apparatus access roads shall be located a minimum of 15 feet and a maximum of 25 feet from each build- ing on the premises and shall be positioned par- allel to one entire side of each building. The measurement for this requirement shall be tak- en from the exterior wall of the building to the nearest edge of the fire apparatus access road. (c) Fire Apparatus Access Roads - Bridges and Elevated Surfaces. Section 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by substituting Subsection 503.2.6 with the following: Sec. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge or ele- vated surface shall be constructed and main- tained in accordance with specifications established by the fire code official and the City’s public works director, or their designees; at a minimum, however, the bridge or elevated surface shall be constructed and maintained in accordance with AASHTO Standard Specifica- tions for Highway Bridges. Bridges and elevat- ed surfaces shall be designed for a live load sufficient to carry the imposed loads of a 30 or more ton fire apparatus, the total imposed load to be determined by the fire code official. Vehi- cle load limits shall be posted at both entrances to bridges when required by the fire code offi- cial. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for that use, approved barriers or approved signs, or both, shall be in- stalled and maintained, if required by the fire code official. (d) Fire Apparatus Access Roads - Marking. Sec- tion 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by substituting Subsection 503.3 with the following: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways. Subject to the fire code offi- cial’s prior written approval, marked fire appara- tus access roads, or “fire lanes” as defined in section 502.1 of the code, may be established or relocated at the time of plan review, pre-con- struction site inspection, and/or post construc- tion site inspection as well as any time during the life of the occupancy. Only those fire appa- ratus access roads established by the fire code official can utilize red marking paint and the term “fire lane.” Fire lanes shall be marked as directed by the fire code official with one or more of the following types of marking: 503.3.1 Type 1. The following shall apply to Type 1 marking: 1. Curbs shall be identified by red traffic paint with a 6 inch wide stripe on the top and front, ex- tending the length of the designated fire lane. (Revised 8/04)18.02-4 2. Rolled curbs shall be identified by red traf- fic paint with a 6 inch wide stripe on the curb, extending the length of the designated fire lane. 3. Lanes without curbs shall be identified by red traffic paint with a 6 inch wide stripe on the pavement, extending the length of the designat- ed fire lane. 4. The words “NO PARKING - FIRE LANE” shall be in 3 inch stroke white letters 18 inches in height, and placed 8 inches measured per- pendicular from the red paint stripe on the pave- ment. In most cases, both sides of the access road shall be marked. Where long drives are to be marked, the repetitions shall alternate sides of the drive. 503.3.2 Type 2. The following shall apply to Type 2 marking: 1. In addition to the requirements for Type 1 marking, Type 2 marking shall also include the addition of metal signs stating “NO PARKING - FIRE LANE” to be installed at intervals or loca- tions designated by the fire code official. The signs shall be approximately 12 inches in width and 18 inches in height and have red letters on a white background. Metal signs shall be in- stalled on either 2 inch metal pipes, for private property, or treated 4 inch by 4 inch wood posts, for public property, and shall be located so that the bottom of the sign is a minimum of 7 feet above the curb. Where fire lanes are adjacent to buildings or structures and when approved or directed by the fire code official, the signs may be placed on the face of the building or struc- ture. 503.3.3 Type 3. The following shall apply to Type 3 marking: 1. Where directed by the fire code official, specific areas shall be designated and those ar- eas are to be marked with diagonal striping across the width of the fire lane. Diagonal mark- ing shall be used in conjunction with painted curbs and/or edge striping and shall run at an angle of 30 to 60 degrees from one side to the other. These diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering shall oc- cur as with Type 1 marking. 503.3.4 Street or Road Signs. Street or road signs shall be provided for all private and public roads. All private street and road signs shall be designed and installed to meet public road sign standards as set by the City of Bremerton Street Department; any expense shall be the responsibility of the property owner. New street and road signs shall be posted within 30 days after receiving approval from the City of Bremerton Engineering Department. 503.3.5 Alternate materials and methods. The fire code official may modify, on a case-by- case basis, any of the marking provisions in this subsection 503.3 where practical difficulties ex- ist. Modification requests shall be submitted in writing to the fire code official setting forth a suggested alternative. (e) Fire Apparatus Access Roads. Section 503 of the International Fire Code, entitled “Fire Apparatus Access Roads,” is amended by adding the following new Subsection 503.7: 503.7 Residential Driveway Access and Sprinkler Requirements. In the event the number of R division 3 or U occupancies ex- ceeds two, the maximum number allowed off a driveway will be 9 if a residential fire sprinkler system is installed in each new structure. (f) Access to Building Openings and Roofs - Required Access. Section 504 of the International Fire Code, entitled “Access to Building Openings and Roofs,” is amended by substituting Subsection 504.1 with the following: Sec. 504.1 Required access. The following points of access must be provided: 1. Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emer- gency access by the fire department. 2. Each tenant space provided with a second- ary exit to the exterior or exit corridor shall be provided with tenant identification by business name and/or address. Letters and numbers shall be posted on the corridor/exterior side of the door, be plainly legible, and shall contrast with their background. 3. An approved access walkway shall be pro- vided to connect fire apparatus access roads to exterior openings. 4. All rescue windows shall be accessible by a 35-foot ground extension ladder placed so that the inclination of the ladder does not ex- ceed 70 degrees. An area of discharge, 36 inches in all directions around the base of the 18.02-5 (Revised 8/04) ladder, shall be provided. Ladders and associ- ated areas of discharge shall be located within the property lines. 5. All occupancies shall be required to pro- vide approved life safety rescue access, as de- fined in section 902 of this code. Exception: Group U occupancies. 6. The provisions of this subsection shall ap- ply if, at the time of the first permit application, the county assessed valuation for the build- ing(s) subject to the permit application will in- crease by more than 50 percent due to alterations or repairs to the building(s) within any 70 month time period. Additions to an exist- ing structure shall be considered new construc- tion and subject to the provisions of this section. If additions to an existing structure cause a building to meet the area, number of floor lev- els, or units that would subject a new building to the requirements of this section, the entire building will then be required to comply with this section. (g) Premise Identification. Section 505 of the International Fire Code, entitled “Premise Identifica- tion,” is amended by adding the following new Subsec- tion 505.1.1: 505.1.1 Address numbers for Commercial Buildings. Address numbers for commercial buildings shall be 0-50'' from street or less: 6-12'' minimum height; 50' to 100' from Street: 12-18'' minimum height; More than 100' from Street: 18- 24'' minimum height. (h) Fire Protection Water Supplies - Existing Non- conforming Hydrants. Section 508 of the International Fire Code, entitled “Fire Protection Water Supplies,” is amended to add a new Subsection 508.1.1 as follows: Sec. 508.1.1 Existing non-confirming hy- drants. At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does con- form to the standards and requirements of this section. (i) Fire Protection Water Supplies - Where Required. Section 508 of the International Fire Code, entitled “Fire Protection Water Supplies,” is amended by substituting Subsection 508.5.1 with the following: Sec. 508.5.1 Where required. All buildings or structures shall be located so that there is at least 1 hydrant within 150 feet, and no portion of the building or structure is more than 300 feet from a hydrant, as measured by an approved route. Exceptions: 1. For Group R-3 and Group U occupancies the distance required shall be 600 feet (183 m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). (j) Fire Protection Water Supplies - Installation Requirements. Section 508 of the International Fire Code, entitled “Fire Protection Water Supplies,” is amended by substituting Subsection 508.5.7 with the following: Sec. 508.5.7 Installation requirements. All fire hydrants shall be installed in accordance with the specifications established by the fire code official or his or her designee, or at a min- imum, in accordance with the latest NFPA, AP- WA, or AWWA standards. In addition, unless modified by written decision of the fire code of- ficial, the following requirements shall apply to all building construction projects: 1. All fire hydrant piping, valves, and related appurtenances shall be approved by the City’s public works department. 2. The fire hydrant installation and its atten- dant water system connection shall conform to the City’s specifications and design and con- struction standards. 3. An auxiliary gate valve shall be installed at the main line tee to permit the repair and re- placement of the hydrant without disruption of water service. 4. All hydrants shall be plumb, plus or minus 3 degrees, to be set to finished grade with the bottom flange 2 inches above the ground or curb grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both out- lets and the operating nut. 5. The largest port shall face the most likely direction of approach and location of the fire ap- paratus while pumping as determined by the fire (Revised 8/04)18.02-6 code official. Distance from the pumper port to the street curb shall be no further than 10 feet. 6. The lead from the service main to the hy- drant shall be no less than 6 inches in diameter. Any hydrant leads over 50 feet in length from the water main to hydrant shall be no less than 8 inches in diameter. 7. All hydrants installed in single family resi- dential areas shall be supplied by not less than 6 inch mains and shall be capable of delivering 1,000 gpm fire flow over and above average maximum demands at the farthest point of the installation except with fire code official approv- al and the home is installed with a fire sprinkler system in accordance with this code. 8. All hydrants shall have at least 5 inch min- imum valve openings, “O” ring stem seal, two 2- 1/2 inch national standard thread hose ports, one 4-1/2 inch steamer port with national stan- dard threads or otherwise determined by the fire code official. In addition, all hydrants shall meet AWWA standards for public hydrants and be of a type approved for use in the City by the City’s public works department. In addition, all hydrants shall be equipped with a 5 inch Storz adapter on the steamer port. 9. All pipe shall meet the City standards as determined by the public works department. Piping located entirely within private property and maintained by the property owner shall meet the requirements and be approved by the fire code official. The fire code official may ap- prove any piping material that has been tested and approved by a nationally recognized testing laboratory. 10. The maximum distance between hydrants in single family use district zones shall be 600 feet. 11. The maximum distance between hydrants in commercial, industrial, and apartment (in- cluding duplex) use zones shall be 300 feet. 12. Lateral spacing of hydrants shall be predi- cated on hydrants being located at street inter- sections. 13. The appropriate water authority and the fire department shall be notified in writing of the an- ticipated date the hydrant installation and its at- tendant water connection system will be available for use. 14. All hydrants shall meet City of Bremerton Hydrant Identification standards as established by the fire code official. (k) Fire Protection Water Supplies - Notification. Section 508 of the International Fire Code, entitled “Fire Protection Water Supplies,” is amended by adding a new Subsection 508.6 as follows: Sec. 508.6 Notification. The owner of property on which private hydrants are located and the public agencies that own or control public hy- drants must provide the fire code official with the following written service notifications: Sec. 508.6.1 In-service notification. The fire code official shall be notified when any newly in- stalled hydrant or main is placed into service. Sec. 508.6.2 Out-of-service notification. Where any hydrant is out of service or has not yet been placed in service, the hydrant shall be identified as being out of service and shall be appropriately marked as out of service, by a method approved by the fire code official. (l) Fire Protection Water Supplies - Dead-End Mains Prohibited. Section 508 of the International Fire Code, entitled “Fire Protection Water Supplies,” is amended by adding a new Subsection 508.7 as follows: Sec. 508.7 Dead-end mains prohibited. When appropriate, all water mains in any project shall be looped. (m) Fire Protection Water Supplies - Building Per- mit Requirements. Section 508 of the International Fire Code, entitled “Fire Protection Water Supplies,” is amended by adding a new Subsection 508.8 as follows: Sec. 508.8 Building permit requirements. No building permit shall be issued until all plans re- quired by this section have been submitted and approved in accordance with the provisions of this section. No construction beyond the foun- dation shall be allowed until all hydrants and mains required by this section are in place and approved. (n) Fire Department Access to Equipment - Identi- fication. Section 510 of the International Fire Code, entitled “Fire Department Access to Equipment,” is amended by substituting Subsection 510.1 with the fol- lowing: Sec. 510.1 Identification. The following identi- fication requirements shall apply to access to equipment. 18.02-7 (Revised 8/04) 1. Fire protection equipment and fire hydrants shall be clearly identified in an approved man- ner to prevent parking and/or other obstruc- tions. 2. Entrances to rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression, or control elements shall be identified for the use of the fire department. 3. Approved signs are required to identify fire protection equipment and equipment location. Signs shall be constructed of durable materials, permanently installed, and readily visible. 4. All fire department connections shall have a sign approved by the fire code official. The sign shall specify the type of water-based fire protection system it serves and the building ar- eas served. 5. All main control valves and sectional valves for water-based fire protection systems shall have a sign specifying what the valves control. 6. All sprinklers and standpipe risers shall have signs to indicate which type of water- based fire protection system is being used. (Ord. 4903 §1, 2004) 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. The following local amendments to Section 901 of the International Fire Code, entitled “General,” are adopted and incorporated into the International Fire Code: (a) Fire Protection Systems - Scope and Applica- tion. Section 901 of the International Fire Code, entitled “General,” is amended by substituting Subsection 901.1 with the following: Sec. 901.1 Scope and application. The provi- sions of this chapter shall apply to all occupan- cies and buildings, shall specify where fire protection systems are required, and shall apply to the design, installation, inspection, operation, testing, and maintenance of all fire protection systems; however, nothing contained in this chapter shall diminish or reduce the require- ments of any duly adopted building codes, in- cluding state and local amendments, or other City ordinances, resolutions, or regulations. In the event of any conflict in requirements among these codes, ordinances, resolutions, or regula- tions, the more stringent provision shall apply. (b) Fire Protection Systems - Alterations, Repairs, and Additions. Section 901 of the International Fire Code, entitled “General,” is amended by adding a new Subsection 901.1.1 as follows: Sec. 901.1.1 Alterations, repairs, and addi- tions. The provisions of this subsection shall apply if, at the time of the first permit applica- tion, the county assessed valuation for the building(s) subject to the permit application will increase by more than 50 percent due to alter- ations or repairs to the building(s) within any 70 month time period. Additions to an existing structure shall be considered new construction and subject to the provisions of this section. If additions to an existing structure cause a build- ing to meet the area, number of floor levels, or units that would subject a new building to the re- quirements of this section, the entire building will then be required to comply with this section. (c) Fire Protection Systems - Standards. Section 901 of the International Fire Code, entitled “General,” is amended by substituting Subsection 901.6.1 and Table 901.6.1 with the following: Sec. 901.6.1 Standards. Fire protection sys- tems shall be inspected, tested, and maintained in accordance with the National Fire Protection Association (“NFPA”) standards listed in Table 901.6.1 below. (d) Fire Protection Systems - Records. Section 901 of the International Fire Code, entitled “General,” is Table 901.6.1 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SYSTEM STANDARD Carbon dioxide fire-extinguishing systems NFPA 12 Clean agent fire-extinguishing systems NFPA 2001 Dry chemical fire-extinguishing systems NFPA 17 Emergency power systems NFPA 110 & NFPA 111 Fire alarm systems NFPA 72 Fire doors NFPA 80 Foam fire-extinguishing systems NFPA 11 Halogenated fire-extinguishing systems NFPA 12A Smoke-control systems NFPA 92A Underground fire lines and hydrants NFPA 25 Water-based fire protection systems NFPA 25 Water-mist systems NFPA 750 Wet chemical fire-extinguishing systems NFPA 17A (Revised 8/04)18.02-8 amended by substituting Subsection 901.6.2 with the following: Sec. 901.6.2 Records. Records of all system inspections, tests, and maintenance required by the referenced standards shall be main- tained on the premises for a minimum of 3 years. A copy of each inspection, test, or main- tenance record shall be forwarded to the fire code official within 30 days of the date the in- spection, test, or maintenance occurred. (e) Fire Protection Systems - Definitions. Section 902 of the International Fire Code, entitled “Defini- tions,” is amended by adding the following three defini- tions: FIRE FLOW. A measure of the sustained flow of available water for firefighting at a specific building or within a specific area at 20 pounds- per-square-inch residual pressure. FIRE WALL. An approved wall of not less than 4 hour fire-resistive construction with no open- ings, which extends vertically from the founda- tion to terminate in a parapet not less than 30 inches above the roof, and which extends hori- zontally to the furthest projection of any portion of the building or to a point 30 inches beyond the intersecting exterior wall, whichever is fur- thest. As an alternative to the horizontal re- quirements, such fire wall may be extended a minimum of 30 inches along both sides of the intersecting exterior wall, provided there are no projections beyond the intersecting exterior wall. LIFE SAFETY RESCUE ACCESS. Unobstruct- ed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 stair- way enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. (Ord. 4903 §1, 2004) 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. The following local amendments to Section 903 of the International Fire Code, entitled “Automatic Sprin- kler Systems,” are adopted and incorporated into the International Fire Code: (a) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2 with the following: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed as follows: 1. In all buildings without adequate fire flow as required by this code. Exception: Group U Occupancies. 2. All new buildings and structures with a gross floor area of 10,000 or more square feet (929 m2), or where this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by this code. Exception: Spaces or areas in telecommunica- tions buildings used exclusively for telecommu- nications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or ar- eas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire-re- sistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rat- ing of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an oc- cupancy within an otherwise non-sprinkled building, then automatic sprinkler protection will be required throughout the entire building. 4. Only 4 hour area separation walls without openings shall constitute separate buildings to allow for a fire sprinkler exemption. (b) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1 with the following: Sec. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupan- cies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system shall be provid- ed in the spaces indicated in 903.2.1.5. 18.02-9 (Revised 8/04) (c) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1.1 with the following: Sec. 903.2.1.1 Group A-1. An automatic sprin- kler system shall be provided for Group A-1 oc- cupancies where one of the following conditions exists: 1. The gross fire area of the building exceeds 10,000 square feet. 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. 4. The fire area contains a multi-theater com- plex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). (d) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprin- kler system shall be provided for Group A-2 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprin- kler system shall be provided for Group A-3 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 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. Exception: Areas used exclusively as partici- pant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (f) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.1.4 with the following: Sec. 903.2.1.4 Group A-4. An automatic sprin- kler system shall be provided for Group A-4 oc- cupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 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. Exception: Areas used exclusively as partici- pant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (g) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.2 with the following: Sec. 903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupan- cies as follows: 1. Throughout all Group E occupancies where the fire area of the building exceeds 10,000 square feet. 2. Throughout every portion of educational buildings below the level of exit discharge. Exception: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level. (Revised 8/04)18.02-10 3. Throughout all newly constructed Group E occupancies having an occupant load of 50 or more for more than 12 hours per week or four hours in any one day. A minimum water supply meeting the requirements of NFPA 13 shall be required. The fire code official may reduce fire flow requirements for buildings protected by an approved automatic sprinkler system. For the purpose of this section, additions ex- ceeding 60 percent of the assessed value of such building or structure, or alterations and re- pairs to any portion of a building or structure within a twelve-month period that exceeds 100 percent of the value of such building or struc- ture shall be considered new construction. In the case of additions, only 4 hour area separa- tion walls shall define separate buildings re- garding sprinkler requirements. Exceptions: 1. Portable school classrooms, provided ag- gregate areas of clusters of portable school classrooms does not exceed 5,000 square feet (1465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code. 2. Group E day care. When not required by other provisions of this chapter, a fire-extinguishing system installed in accordance with NFPA 13 may be used for in- creases and substitutions allowed in Section 504.2, 506.3, and Table 601 of the building code. (h) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.3 with the following: Sec. 903.2.3 Group F. An automatic sprinkler system shall be provided throughout all build- ings containing a Group F occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (i) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.6 with the following: Sec. 903.2.6 Group M. An automatic sprinkler system shall be provided throughout all build- ings containing a Group M occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (j) Automatic Sprinkler Systems - Speculative Use Warehouses. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by adding the following new Subsection 903.2.8.3: Sec. 903.2.8.3. Speculative use warehouses. Where the occupant, tenant, or use of the build- ing or storage commodity has not been deter- mined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accor- dance with the following: 1. The design area shall be not less than 5,600 square feet (520 m2). 2. The density shall be not less than that for class IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engi- neer of record shall provide written verification approving of the point and dead loads. (k) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.8 with the following: Sec. 903.2.8 Group S-1. An automatic sprin- kler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade. (l) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, 18.02-11 (Revised 8/04) entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.2.7 with the following: Sec. 903.2.7 Group R. All Group R occupan- cies of five (5) or more units shall be equipped with an automatic sprinkler system installed in accordance with 903.3. Sprinkler heads in kitch- ens shall be installed (on the ceiling) no more than 2 feet out from the front of the stove top. (m) Automatic Sprinkler Systems - Installation Requirements. Section 903 of the International Fire Code, entitled “Automatic Sprinkler Systems,” is amended by substituting Subsection 903.3.7 with the following: Sec. 903.3.7 Fire department connection lo- cations. All fire department connection loca- tions (F.D.C.’s) to automatic sprinklers and/or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the fin- ished edge of an approved fire apparatus ac- cess road. F.D.C.’s shall not be located more than 50 feet from a fire hydrant. F.D.C.’s and fire hydrants shall be located on the same side of an approved apparatus access road. F.D.C.’s serving sprinkler systems shall not be located on the wall of a building, unless approved by the fire code official. F.D.C.’s serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or non- combustible construction. Exception: F.D.C.’s that are not able to be lo- cated away from a wall due to physical restric- tions, may be located in an area approved by the fire code official. F.D.C.’s shall be in- stalled/located at the front of the building not less than 18 inches nor more than 36 inches above the finished grade of an approved fire ap- paratus access road. F.D.C.’s shall not be ob- structed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features. F.D.C.’s shall be provided with tight fitting threaded caps or Knox type lockable caps. (n) Automatic Sprinkler Systems - Alarms. Sec- tion 903 of the International Fire Code, entitled “Auto- matic Sprinkler Systems,” is amended by substituting Subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be con- nected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor operated and shall be provided on the exterior of the building in an approved loca- tion at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 903.4.2.1 Alarms - Interior notification. Actu- ation of the automatic sprinkler system shall ac- tuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is in- stalled. The fire alarm system notification cir- cuits shall provide the interior notification. Exception: NFPA 13D and NFPA 13R sprinkler systems do not require interior audible/visual notification appliances, except if a fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior no- tification. (Ord. 4903 §1, 2004) 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Fire Code, entitled “Fire Alarm and Detection Systems,” are adopted and incorporated into the International Fire Code: (a) Fire Alarm and Detection Systems - General. Section 907 of the International Fire Code, entitled “Fire Alarm and Detection Systems,” is amended to add Sub- section 907.1.3 as follows: Sec. 907.1.3 Fire detection system. In addi- tion to any requirement of subsection 907.2 or 907.3, all occupancies exceeding 4,000 square feet gross floor area shall be required to provide an approved addressable automatic fire detec- tion system to meet NFPA 72 requirements. Fire walls as noted in the International Building Code shall not be considered to separate a building to enable deletion of the required fire detection system unless the fire walls are as de- fined in section 902 of this code. Exceptions: 1. Group U Occupancies. (Revised 8/04)18.02-12 2. Occupancies protected throughout by an approved/monitored automatic sprinkler sys- tem can delete heat detectors from the system. 3. One and two family residences. 4. Those buildings that require 10 or less fire alarm devices pursuant to 907.2. (b) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled “Fire Alarm and Detection Systems,” is amended by substituting Subsection 907.2 with the fol- lowing: Sec. 907.2 Where required. In addition to the requirements set forth in Sections 907.2.1 through 907.2.23, all new occupancies of Groups A, B, E, F, H, I, M, R, and S, within new or existing buildings or structures, where the fire area exceeds 4,000 square feet, an approved manual and automatic fire alarm system shall be provided. Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices. Where automatic sprinkler protection installed in accor- dance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm sys- tem, automatic heat detection requirements of this section may be modified upon specific ap- proval by the fire code official. In all remodels of existing non-sprinkled build- ings over 4,000 square feet gross floor area, when the value of any remodel work exceeds 50 percent of the building’s assessed valuation. In any non-sprinkled existing building over 4,000 square feet gross floor area when a change in occupancy use classification occurs. (c) Fire Alarm and Detection Systems - Duct Smoke Detectors. Section 907 of the International Fire Code, entitled “Fire Alarm and Detection Systems,” is amended to repeal Exception 1 in Subsection 907.12. The amended Subsection 907.12 reads as follows: Sec. 907.12 Duct smoke detectors. Duct smoke detectors shall be connected to the building’s fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audi- ble supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area de- tection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visi- ble or audible signal in an approved location and shall be identified as air duct detector trou- ble. (d) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Fire Code, entitled “Fire Alarm and Detection Systems,” is amended by substituting Subsection 907.15 with the following: Sec. 907.15 Monitoring. Where fire alarm sys- tems are required by this chapter or by the In- ternational Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 2. Smoke detectors in Group I-3 occupan- cies. 3. Automatic sprinkler systems in one- and two-family dwellings. 4. Those existing R-1 and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. (e) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Fire Code, entitled “Fire Alarm and Detection Systems,” is amended by adding a new Subsection 907.17.1: Sec. 907.17.1 Testing Prerequisites. Upon completion of the installation or alteration, a sat- isfactory test of the entire system and its func- tions shall be made in the presence of the fire code official within two weeks of completion of installation. Prior to the acceptance test, written documentation shall be provided to the fire de- partment certifying that the system has been in- stalled and pre-tested in accordance with the approved plans and specifications. (f) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Fire Code, entitled “Fire Alarm and Detection Systems,” is amended by adding a new Subsection 907.21: 18.02-13 (Revised 8/04) Sec. 907.21. Location/Security. The control unit, remote annunciator, alarm panel, and ac- cess keys to locked fire alarm equipment shall be installed and maintained in a location ap- proved by the fire code official. All occupancies equipped with a fire sprinkler or alarm system shall install a key safe below an exterior horn strobe and near the access to the remote an- nunciator or main entrance. Alarm panel access keys and building access keys or master keys shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of the fire code official. (g) Fire Alarm and Detection Systems - Monitor- ing. Section 907 of the International Fire Code, entitled “Fire Alarm and Detection Systems,” is amended by adding a new Subsection 907.22: Sec. 907.22. Instructions. Written operating in- structions for the fire alarm system shall be pro- vided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of fire code official. All alarm systems shall be capable of being si- lenced without having to be reset. Alarm panels that require a reset code to silence or reset the system shall be programmed with a fire depart- ment reset code that is approved by the fire code official. (Ord. 4903 §1, 2004) 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 14, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. The following local amendment to Chapter 14 of the International Fire Code, entitled “Fire Safety During Construction and Demolition,” is hereby adopted and incorporated into the International Fire Code as if fully set forth therein. (a) Water Supply for Fire Protection - When Required. Section 1412 of the International Fire Code, entitled “Water Supply for Fire Protection,” is amended by substituting Subsection 1412.1 with the following: Sec. 1412.1 When required. An approved wa- ter supply for fire protection shall be made avail- able as soon as combustible material arrives on the site. (Ord. 4903 §1, 2004) 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL- DISPENSING FACILITIES AND REPAIR GARAGES. The following local amendment to Chapter 22 of the International Fire Code, entitled “Motor Fuel-Dis- pensing Facilities and Repair Garages,” is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Sec. 2205.3.1. Required Spill Control Equip- ment. Every fuel dispensing facility and repair garage shall maintain at least 50 pounds of rice hulls or other approved absorbent and at least 25 approved absorbent pads, minimum dimen- sion 16 inch by 16 inch and/or other spill control equipment as approved by the fire code official. (Ord. 4903 §1, 2004) 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS. The following local amendment to Chapter 27 of the International Fire Code, entitled “Hazardous Materi- als - General Provisions,” is hereby adopted and incor- porated into the International Fire Code as if fully set forth therein. (a) Storage - Ventilation - System Requirements. Section 2704 of the International Fire Code, entitled “Storage,” is amended by substituting Subsection 2704.3.1 with the following: Sec. 2704.3.1 System requirements. Exhaust ventilation systems shall comply with all of the following: 1. Installation shall be in accordance with the International Mechanical Code. 2. Mechanical ventilation shall be at a rate of not less than 1 cubic foot per minute per square foot [0.00508 m3/(s · m2)] of floor area over the storage area. 3. Systems shall operate continuously unless alternative designs are approved. 4. A manual shutoff control shall be provided outside of the room in a position adjacent to the access door to the room or in another location, if approved by the fire code official. The switch shall be of the break-glass type and shall be la- beled: VENTILATION SYSTEM EMERGENCY SHUTOFF: FIRE DEPARTMENT USE ONLY. (Revised 8/04)18.02-14 5. Exhaust ventilation shall be designed to consider the density of the potential fumes or vapors released. For fumes or vapors that are heavier than air, exhaust shall be taken from a point within 12 inches (305 mm) of the floor. 6. The location of both the exhaust and inlet air openings shall be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors. 7. Exhaust ventilation shall not be recirculat- ed within the room or building if the materials stored are capable of emitting hazardous va- pors. (Ord. 4903 §1, 2004) 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 46, MARINAS. The following local amendment adding a new Chapter 46 of the International Fire Code, entitled “Marinas,” is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Chapter 46 MARINAS 4601 Scope Marina facilities shall be in accordance with this chapter. 4601.1 Plans And Approvals Plans for marina fire-protection facilities shall be approved prior to installation. The work shall be subject to final inspection and approval after installation. 4601.2 Permits Permits are required to use open-flame devices for maintenance or repair on vessels, floats, piers or wharves. 4602 DEFINITIONS 4602.1 Definitions. The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the mean- ings shown herein. FLOAT is a floating structure normally used as a point of transfer for passengers and goods, or both, for mooring purposes. MARINA is any portion of the ocean or inland water, either naturally or artificially protected, for the mooring, servicing or safety of vessels and shall include artificially protected works, the public or private lands ashore, and structures or facilities provided within the enclosed body of water and ashore for the mooring or servicing of vessels or the servicing of their crews or pas- sengers. PIER is a structure built over the water, support- ed by pillars or piles, and used as a landing place, pleasure pavilion or similar purpose. VESSEL is watercraft of any type, other than seaplanes on the water, used or capable of be- ing used as a means of transportation. Included in this definition are nontransportation vessels such as houseboats and boathouses. WHARF is a structure or bulkhead constructed of wood, stone, concrete or similar material built at the shore of a harbor, lake or river for vessels to lie alongside of, and piers or floats to be an- chored to. 4603 GENERAL PRECAUTIONS* 4603.1 Combustible Debris. Combustible de- bris and rubbish shall not be deposited or accu- mulated on land beneath marina structures, piers or wharves. 4603.2 Sources of Ignition. Open-flame devic- es used for lighting or decoration on the exterior of a vessel, float, pier or wharf shall be ap- proved. 4603.3 Flammable or Combustible Liquid Spills. Spills of flammable or combustible liq- uids at or upon the water shall be reported im- mediately to the fire department or jurisdictional authorities. 4603.4 Rubbish Containers. Containers with tightfitting or selfclosing lids shall be provided for the temporary storage of combustible trash or rubbish. 4603.5 Electrical Equipment. Electrical equip- ment shall be installed and used in accordance with its listing and Section 605 as required for wet, damp and hazardous locations. 4603.6 Berthing and Storage. Berthing and storage shall be in accordance with NFPA 303, Chapter 5. 18.02-15 (Revised 8/04) 4603.7 Addressing. Each slip shall be num- bered and clearly marked. 4604 FIRE-PROTECTION EQUIPMENT* 4604.1 General. Piers, wharves, floats with fa- cilities for mooring or servicing five or more ves- sels, and marine motor vehicle fuel-dispensing stations shall be equipped with fire-protection equipment in accordance with Section 4604. 4604.2 Standpipes. Marinas and boatyards shall be equipped throughout with standpipe systems in accordance with the following: 1. All portions of floats exceeding 150' in dis- tance from the point of fire apparatus access shall be provided with an approved dry stand- pipe system, installed in conformity with NFPA 14 and Section 905.12. 2. Hose stations shall be provided at 150' inter- vals, with the most remote station a maximum of 75' from the end of the float. Each hose sta- tion shall be provided with two 2-1/2'' standpipe valves with 2 1/2'' to 1 1/2'' reducers with caps. Installation of fire hose is not mandatory at standpipe locations. All hose station risers shall be galvanized steel. 3. Each standpipe system shall be provided with a minimum of two 2-1/2'' Fire Department connections. The Fire Department connections shall be located on the shore end of the first floating dock. 4. Piping shall be minimum schedule 40 class and shall be sized to deliver 300 GPM at 65 psi residual pressure at the most remote station with a delivered pressure of 150 psi at the Fire Department connection. 5. Sectional valves shall be provided at the change of direction of each float and at each hose station. The valve shall be down stream of the hose station. 4604.3 Access and Water Supply. Piers and wharves shall be provided with fire apparatus access roads and water-supply systems with on-site fire hydrants when required by the fire code official. Such roads and water systems shall be provided and maintained in accordance with Sections 503.2 and 508. 4604.4 Portable Fire Extinguishers. One fire extinguisher for ordinary (moderate) hazard type, shall be provided at each required hose station. Additional fire extinguishers, suitable for the hazards involved, shall be provided and maintained in accordance with Section 906. 4604.5 Communications. A telephone not re- quiring a coin to operate or other approved, clearly identified means to notify the fire depart- ment shall be provided on the site in a location approved by the code official. 4605 MARINE MOTOR VEHICLE FUEL-DIS- PENSING STATIONS* 4605.1 Fuel-Dispensing. Marine motor vehicle fuel-dispensing stations shall be in accordance with Chapter 22 of this code. (Ord. 4903 §1, 2004) 18.02.140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. The following local amendments to Appendix D to the International Fire Code, entitled “Fire Apparatus Access Roads,” are hereby adopted and incorporated into the International Fire Code as if fully set forth therein. (a) Minimum Specifications - Grade. Section D103 of the International Fire Code, entitled “Minimum specifications,” is amended by substituting Subsection D103.2 with the following: Sec. D103.2 Grade. Fire apparatus access roads shall not exceed 15 percent longitudinal and/or 6 percent laterally in grade. Approach and departure angle for fire apparatus access shall be as determined by the fire code official. Unless building sprinklers have been installed in accordance with this code and the roadway has been approved by the fire code official. (b) Minimum Specifications - Turning Radius. Section D103 of the International Fire Code, entitled “Minimum specifications,” is amended by substituting Subsection D103.3 with the following: Sec. D103.3 Turning radius. The fire appara- tus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius. (c) Fire Apparatus Access Road Gates. Section D103.5 of the International Fire Code, entitled “Fire Apparatus Access Road Gates,” is amended by substi- tuting Subsection D103.5.1 with the following: (Revised 8/04)18.02-16 Sec. D103.5.1. The minimum gate width shall be 14 feet. (Ord. 4903 §1, 2004) 18.02.150 FIRE CODES - FEES. The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC 3.01.060, Fire Department - Rate Table E, as currently enacted or as hereafter amended. (Ord. 4903 §1, 2004) 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. (a) For the purposes of this section, a fire alarm shall be deemed and construed as being any act as fol- lows: The giving, signaling or transmitting of a fire alarm to any public fire station, fire company, fire officer or any employee of the jurisdiction who has normal responsibilities for public safety, or to any central sta- tion monitoring agency whose purpose is to monitor fire and/or public safety, whether by telephone, spoken word, electronic conveyance or otherwise, any informa- tion to the effect that there is a fire or emergency at or near the place indicated by such signal or transmission. (b) It shall be unlawful for any person to give, sig- nal, or transmit or for any person to cause or permit to be given, signaled, or transmitted, in any manner any false alarm. (c) It shall be unlawful for any person to tamper with or maliciously injure any fire alarm system or equipment maintained for the purpose of transmitting fire alarms to the Fire Department. (d) Nothing in this section shall prohibit the sounding of any such signal essential for the carrying out of any system maintenance or fire drill. The Fire Code Official, his designated representative, or the responsible central station monitoring agency shall be notified in advance when such signal will be sounded. (e) Any person, firm or corporation who is found to have signaled or transmitted a false alarm shall be guilty of a civil infraction and shall be fined as follows: (1) For a Fire Department response to pre- mises at which no other false alarm has occurred within the preceding six (6) months, hereinafter referred to as a “first response,” no fee shall be charged. (2) For a Fire Department response to a pre- mises within six (6) months after a first response, a fee of one hundred dollars ($100.00) shall be charged. (3) For a Fire Department response to a pre- mises for three or more occurrences within any six (6) month period, a fee of two hundred dollars ($200.00) shall be charged for each occurrence. (f) Definitions. (1) “False alarm” shall mean the activation of a fire alarm at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department. (2) “Fire Code Official” shall mean the Chief of the Fire Department, or his designated representative. (3) “Person” shall mean any person, firm, partnership, association, corporation, company or orga- nization of any kind. (4) “Preventable false alarm” shall mean a false alarm caused or initiated or allowed to be caused or initiated by the premises owner, or by a representa- tive, assignee, or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance. (5) “Unpreventable false alarm” shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alarm, make a written report to the Fire Code Official setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the Fire Code Official may reasonably require to determine the cause of such false alarm and the prescribed action nec- essary. (h) The determination whether or not a false alarm was preventable shall be made by the Fire Code Offi- cial. Any fee resulting from a determination that a false alarm was preventable shall be billed by the City Trea- surer’s Office and shall be deposited in the General Fund. (Ord. 4903 §1, 2004) 18.02.170 VIOLATION - PENALTY. (a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the City Fire Code, BMC Title 18, shall be guilty of a misdemeanor pursu- ant to BMC 1.12.020(2). (Ord. 4903 §1, 2004) 18.02.180 APPEALS. (a) Appeals to the Hearings Examiner. (1) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the appli- cation of the building codes cited in Chapter 17.04 BMC. The City Hearings Examiner, however, shall have no authority relative to interpretation of the admin- istrative provisions of these codes, nor shall the City 18.02-17 (Revised 8/04) Hearings Examiner be empowered to waive require- ments of these building codes. (2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of prop- erty to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or deci- sion, or who would be aggrieved or adversely affected by a reversal or modification of the order, determina- tion, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that per- son; b. A judgment in favor of that per- son would substantially eliminate or redress the preju- dice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. (Ord. 4903 §1, 2004) 21.02-1 (Revised 8/04) Chapter 21.02 ZONING CODE Sections: 21.02.010 TITLE AND ENACTMENT. 21.02.020 PURPOSE. 21.02.030 GENERAL INTERPRETATION. 21.02.040 BASIS FOR DISCRETIONARY DECISIONS. 21.02.050 INTERPRETATIONS OF ZONING MAP. 21.02.060 ZONING UPON ANNEXATION. 21.02.070 DEFINITIONS. 21.02.080 INTRODUCTION. 21.02.090 PLAN/ZONING CONSISTENCY. 21.02.100 SECONDARY ZONES. 21.02.110 PHASING. 21.02.120 ZONE SUMMARY TABLE. 21.02.130 LOT REQUIREMENTS TABLE. 21.02.140 LAND USE TABLES. 21.02.150 UNLISTED USES. 21.02.152 DOWNTOWN DISTRICT. 21.02.160 FRONT YARDS. 21.02.170 SIDE YARDS. 21.02.180 REAR YARDS. 21.02.185 ALTERNATIVE SETBACKS. 21.02.190 ACCESSORY USES AND STRUCTURES. 21.02.200 FLAG LOTS. 21.02.210 SETBACKS OF ACCESSORY STRUCTURES. 21.02.220 MEASURING HEIGHT OF A STRUCTURE. 21.02.230 FENCES AND WALLS. 21.02.240 HOME OCCUPATION. 21.02.250 LIGHTING REGULATIONS. 21.02.260 ROUNDING OF FRACTIONS OF DWELLING UNITS. 21.02.270 MEASURING OF SETBACKS. 21.02.280 DISH ANTENNAS. 21.02.290 CALCULATING LOT AREA. 21.02.300 MINERAL RESOURCE EXTRACTION PROVISIONS. 21.02.305 SENIOR HOUSING COMPLEXES. 21.02.310 MANUFACTURED HOMES PROVISIONS. 21.02.315 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS. 21.02.320 RECYCLING COLLECTION STATION. 21.02.325 ADULT BUSINESS PROVISIONS. 21.02.330 SIGN PROVISIONS. 21.02.335 WIRELESS TELECOMMUNICATIONS FACILITIES. 21.02.340 PURPOSE. 21.02.350 OUTLINE OF THE PUD PROCESS. 21.02.360 CONCEPTUAL REVIEW. 21.02.370 NEIGHBORHOOD MEETING. 21.02.380 PRELIMINARY PUD APPLICATION. 21.02.390 TECHNICAL REVIEW COMMITTEE. 21.02.400 ADMINISTRATIVE HEARING EXAMINER RECOMMENDATION. 21.02.410 CITY COUNCIL ACTION. 21.02.420 APPEAL TO SUPERIOR COURT. 21.02.430 FINAL PLAN APPLICATION. 21.02.440 DIRECTOR’S REVIEW OF FINAL PLAN. 21.02.450 APPEAL OF DIRECTOR’S DETERMINATION. 21.02.460 SCOPE OF PUD APPROVAL. 21.02.470 ALLOWABLE USES. 21.02.480 GENERAL DEVELOPMENT STANDARDS. 21.02.490 SPECIFIC DEVELOPMENT STANDARDS. 21.02.500 PROJECT PHASING. 21.02.510 OPEN SPACE GUARANTEE. 21.02.520 EFFECTIVE PUD PLAN. 21.02.530 CHANGES TO FINAL PUD PLAN. 21.02.540 CONFORMANCE WITH FINAL PLAN. 21.02.550 PERFORMANCE BOND. 21.02.555 MIXED USE DISTRICT. 21.02.556 DESIGNATION OF MIXED USE DISTRICT. 21.02.557 MIXED USE DEVELOPMENT AGREEMENT STANDARDS. 21.02.558 SPECIFIC DEVELOPMENT AGREEMENT STANDARDS. 21.02.559 SUBSEQUENT PERMITTING. 21.02.560 REAL PROPERTY RESTRICTIONS. 21.02.570 PENALTY. 21.02.580 INTENT. 21.02.590 GENERAL PROVISIONS. 21.02.600 PARKING LOT CLASSIFICATIONS. 21.02.610 PARKING LOT DEVELOPMENT STANDARDS. 21.02.620 SITE PLAN REQUIREMENTS FOR PARKING LOTS. (Revised 8/04)21.02-2 21.02.630 HANDICAPPED PARKING REQUIREMENTS. 21.02.640 SATELLITE PARKING AREAS. 21.02.650 JOINT USE OF PARKING FACILITIES. 21.02.660 FREIGHT LOADING ZONES. 21.02.670 REQUIRED OFF-STREET PARKING SPACES. 21.02.680 VIOLATIONS, PENALTIES AND APPEALS. 21.02.690 INTENT. 21.02.700 APPLICABILITY. 21.02.710 LANDSCAPING STANDARDS. 21.02.720 OUTDOOR STORAGE. 21.02.730 LANDSCAPE PLAN. 21.02.740 CLEAR-VISION AREA. 21.02.760 PERFORMANCE ASSURANCE DEVICE. 21.02.770 PURPOSE. 21.02.780 NONCONFORMING LOTS. 21.02.790 NONCONFORMING USES. 21.02.800 NONCONFORMING STRUCTURES. 21.02.810 CONSTRUCTION IN PROGRESS. 21.02.820 NONCONFORMING SIGNS. 21.02.830 AMORTIZATION. 21.02.840 TYPE I ADMINISTRATIVE DECISIONS. 21.02.845 TYPE II ADMINISTRATIVE DECISIONS WITH NOTICE. 21.02.850 TYPE III ADMINISTRATIVE HEARING EXAMINER. 21.02.855 TYPE IV CITY COUNCIL DECISIONS. 21.02.865 PLANNED ACTIONS. 21.02.870 GENERAL PROCESSING PROCEDURES. 21.02.875 PROJECT PERMIT APPLICATION. 21.02.885 DECISIONS. 21.02.890 TIME LIMITS ON DECISIONS. 21.02.895 NOTICE. 21.02.900 DEVELOPMENT AGREEMENTS. 21.02.905 SPECIAL USE PERMIT. 21.02.910 VARIANCE. 21.02.920 REZONE. 21.02.925 DEVELOPMENT REGULATION AMENDMENT. 21.02.930 SITE PLAN REVIEW. 21.02.935 APPEAL. 21.02.940 VIOLATIONS OF ZONING CODE. APPENDIX A follows text of 21.02. ZONING ATLAS as adopted by Ordinance 4591 is available in the Department of Community Develop- ment. 21.02.010 TITLE AND ENACTMENT. (a) This ordinance, consisting of text, maps, illus- trations and related ordinances that may be incorporated by reference, is known as the “Bremerton Development Code.” (b) All provisions of this ordinance have been adopted by the Bremerton City Council pursuant to Article XI, Section 11 of the Washington Constitution. (c) This code shall regulate the use and develop- ment of all lands within the City limits of Bremerton, with the exception of federally-owned properties over which the City has no jurisdiction. (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Repealed & Replaced, 06/13/1996; Ord. 4172, 1988) 21.02.020 PURPOSE. This code has been adopted for the following pur- poses: (a) To implement the City’s Comprehensive Plan; (b) To protect the community’s social and eco- nomic stability, as well as the positive qualities and unique characteristics of all areas throughout the com- munity; (c) To address both natural and man-made envi- ronmental considerations as part of the land use and development permitting processes; and (d) To ensure the orderly and beneficial develop- ment and use of all lands by: (1) Reserving, through zoning, an adequate supply of developable land area for each major category of land use and in the most appropriate locations, as directed by the Comprehensive Plan; (2) Preventing the encroachment of incom- patible uses; and (3) Providing clear concise regulations and development guidelines that are consistent with City goals and visions. (e) To protect the health, safety and welfare of the public as a whole and not to create a duty to protect any person or class of persons. (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Repealed & Replaced, 06/13/1996; Ord. 4172, 1988) 21.02.030 GENERAL INTERPRETATION. (a) Minimum Requirements All provisions of the Bremerton Development Code shall be held to be the minimum requirements nec- essary to promote the public health, safety, morals, and general welfare. (b) Interpretations The Director of Community Development shall have the authority to make written interpretations when 21.02-7 (Revised 8/04) as a “single-family” dwelling, or a “house.”) DWELLING, SINGLE-UNIT ATTACHED. Two single-unit dwellings (houses) that are attached at a common side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two attached units. DWELLING UNIT. A living space or combination of rooms designed to provide independent year-round liv- ing facilities for one family or household, constructed to the minimum standards of the UBC or HUD Code, and with provisions for sleeping, eating and sanitation. FACTORY OUTLET. A retail store that sells products predominantly from a single manufacturer. It may be within the same building or on the same site as its man- ufacturing facilities, or at another location. A single manufacturing business may have many factory outlet stores, often located with similar stores in “outlet malls.” When sited independently of its manufacturing facilities, a factory outlet store is permitted in the same manner as any other retail store selling similar merchan- dise. FENCE. A structure built to prevent escape or intru- sion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes freestanding walls. FOOD/BEVERAGE TAKE-OUT. A business estab- lishment that specializes in fast service sales of limited food products such as sandwiches, hot dogs, packaged lunches, and hot and cold drinks, and that has no indoor customer seating. Such facilities may include pedestrian oriented or vehicular drive-through food booths, espresso stands, juice bars or similar facilities. Such facilities are located on permanent sites and should not be confused with street vendors. FOSTER HOME. A dwelling unit in which a full-time resident provides temporary care and supervision on a full-time basis to not more than six (6) foster children, three (3) expectant mothers, or three other adults requir- ing full-time care. GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over water, grade shall mean the elevation of ordinary high water. GRADE, EXISTING. The grade or topography exist- ing prior to any excavation, clearing, grading or filling. GREENHOUSE. See “Nursery and Greenhouse.” GROSS FLOOR AREA. The sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior walls; including glazed or screened porches. GROUP RESIDENTIAL FACILITY - CLASS I. A group care residence for children and adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their res- idency at will. 1. Class I - Small: A total of six (6) or fewer per- sons, including staff, whose permanent residence is the group residential facility. 2. Class I - Large: A total of seven (7) or more persons, including on-duty staff. GROUP RESIDENTIAL FACILITY - CLASS II. A group care residence for juvenile delinquents, the men- tally ill, persons serving a sentence in lieu of confine- ment, persons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; tran- sition back into the community including pre-release, work-release, and probationary programs that are under the supervision of a court, State, or local agency. Teach- ing of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxifi- cation centers. 1. Class II - Small: A total of six (6) or fewer per- sons, including staff, whose permanent residence is the group facility. 2. Class II - Large: A total of seven (7) or more persons, including resident staff. HOMEOWNERS ASSOCIATION. An association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property. HOME OCCUPATION. Any nonresidential use car- ried out for monetary gain, which is secondary to the use of the property for residential purposes, and which is operated in accordance with the home occupation stan- dards of this code. (Revised 8/04)21.02-8 HOSPITAL. A licensed institution providing primary health care services and medical or surgical care to per- sons, primarily inpatients, suffering from physical or mental conditions, and which may include related facil- ities as an integral part of the institution. HOTEL. An establishment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meet- ing rooms, gift shops, beauty shops and recreational facilities. HOTEL, RESIDENTIAL or INN. A hotel that is ori- ented toward medium-term or long-term residents, with rooms offered at a weekly or monthly rate. Such a facil- ity might also be oriented toward seasonal residents, persons with a particular need or income level, or per- sons employed in the area for a short time. HOUSEHOLD. All persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarters facilities as dormitories, boarding houses, nursing homes or similar accommodations typ- ically do not provide facilities for households. IMPERVIOUS SURFACE. Any material which reduces or prevents absorption of stormwater into previ- ously undeveloped land. JUNK YARD. A place where discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards; house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations. KENNEL. An establishment where five (5) or more domestic animals older than six months are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet shops or zoos. LANDSCAPING. The arrangement and planting of trees, grass, shrubs and flowers, and the placement of fountains, patios, street furniture, berms, walls, orna- mental concrete or stonework and other features to achieve an aesthetically pleasing outdoor space. LOADING AREA. An area designed and intended for the temporary parking of a vehicle while loading or unloading passengers, merchandise or other materials. LOT. Any area, tract or parcel of land owned by or under the lawful control and in the lawful possession of one distinct ownership undivided by a dedicated street or alley or another ownership, and which has a mini- mum of twenty (20) feet of frontage on a street. LOT AREA. The area within the boundary lines of a lot. When creating new lots through the subdivision or short plat process, the area of each new lot shall not include public and private streets, wetlands, and other areas that may be restricted from use or from the types of development allowed by the zone in which the prop- erty is located. (See Figure 070(c)). LOT, CORNER. A lot abutting two (2) or more streets at their intersection. LOT, FLAG. A lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two (2) parts. 1. The “flag” or main body of the lot; and 2. The “panhandle” or narrow access way con- necting the body of the lot to the street. LOT, THROUGH. A lot, other than a corner lot, that has frontage on two (2) streets. LOT, WATERFRONT. A lot of which any portion abuts wetlands. LOT COVERAGE. That portion of a lot covered by the roof areas of all structures, but not including drive- ways, walkways, patios and low open decks. LOT DEPTH. The horizontal distance between the front and rear property lines of a lot, measured along a line midway between the side property lines. The depth of an irregular lot or a lot having more or fewer than two (2) side lots lines will be determined in the most reason- able manner, based on the lot’s longest average dimen- sion. LOT LINE, FRONT. Any property line that abuts a public street, private street, or alley (if no street front- age) is considered a frontage and shall meet the mini- mum lot frontage development requirements of this code. LOT LINE, REAR. The property line most opposite or most distant from the designated front lot line and that does not intersect any front lot line. Corner lots often have no rear lot line. In the case of a waterfront property, the rear lot line is that which adjoins the ordinary high water line (OHWL). LOT LINE, SIDE. Any lot line that is not a front or rear lot line by definition, and any lot line that intersects a front 21.02-13 (Revised 8/04) Critical Lands Ordinance. YARD. That portion of a lot that lies between a lot line (property line) and the building line. (See Figure 070(d)). FRONT YARD: The yard area extending the full width of the front of a lot between the front property line (lot line) and the front building line. REAR YARD: A yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined. SIDE YARD: A yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, corner lots, or other irregularly-shaped lots may have only front and side yards. Through lots generally have two (2) front yards and two (2) side yards, but no rear yard as defined. YARD, CONSTRUCTION OR STORAGE. See “Storage Yard.” ZERO LOT LINE. The location of a building on a lot in such a manner that one of its sides rests directly on a side lot line with no setback. (Ord. 4886 §2, 2004; Ord. 4817, Amended, 11/15/2002; Ord. 4798, Amended, 05/10/2002; Ord. 4768, Amended, 08/03/2001; Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Repealed & Replaced, 06/13/1996; Ord. 4546, Amended, 03/11/1996) 21.02.080 INTRODUCTION. Zoning is the primary implementation tool of the City’s Twenty (20) Year Comprehensive Plan. The Plan’s land use designations provide the basis for the Zoning Map which breaks each of those designations down into more specific “zones.” Each zone includes the City’s standards and development requirements, most of which are contained in this development code, for development within each of the zoning districts. The following zones are included herein. (See Figure 080, ZONES.) (Ord. 4591, Readopted, 04/141997; Ord. 4557, Amended, 06/13/1996) 21.02.090 PLAN/ZONING CONSISTENCY. Regulations used to implement the Comprehensive Plan, including zoning, must be consistent with the Plan. Each zone has a direct relationship to its parent designa- tion on the Plan Map. Since the Comprehensive Plan is intentionally more general than the Zoning Map, more than one (1) zone may be appropriate and necessary to implement a single Plan designation. The following table shows the relationships between each Plan desig- nation and the primary zones that may be approved within those designations. For purposes of initial zoning and consideration of rezone requests, these primary zones are considered to be consistent with their related Plan designations. (See Figure 090, PRIMARY ZONE CONSISTENCY). (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Amended, 06/13/1996) 21.02.100 SECONDARY ZONES. In unique cases, rezone requests for zones not listed in Figure 090 as “primary” may be approved for limited application. These secondary or accessory zones will also be considered consistent with the Comprehensive Plan and may be approved, but only when they meet the City’s standard rezone criteria Nos. 3, 4, and 5, and each of the following additional criteria: (a) The zone shall consist of no more than ten (10) percent of the total area of the Plan designation in which it is proposed; and (b) The zone is necessary to allow a use or devel- opment that is accessory to or directly supportive of a planned or existing use in the adjacent primary zone; and (c) The rezone includes conditions of approval to cause the zoning to revert if the intended use for that zone, as approved, is not developed within a reasonable time, if the use is ceased or abandoned for a period of at least one year, or for other reason deemed appropriate at the time of approval. (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Amended, 06/13/1996) 21.02.110 PHASING. The zoning process helps to implement the City’s Twenty (20) Year Plan. In some cases, an area that is “planned” for a particular use may not be ready for that use until later in the planning period or until completion of a special study or neighborhood plan. In such cases, zoning may appear to lag behind the Plan when, in fact, the land is in a “holding zone,” until such time as the intended zoning (as guided by the Plan) is more appro- priate, or until such time as the needed facilities and ser- vices are in place to accommodate the level of development allowed by that zone. (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Amended, 06/13/1996) 21.02.120 ZONE SUMMARY TABLE. The table in Figure 120 includes a quick-reference summary of all Bremerton zones, including a brief description and intent of the zone and its minimum stan- dards. (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Amended, 06/13/1996) 21.02.130 LOT REQUIREMENTS TABLE. The table in Figure 130 provides a single-table summary of the basic lot development requirements for all major zones. This table does not include the FM, WS, (Revised 8/04)21.02-14 URD, DRO, and LPO Special Purpose zones. Refer to Figure 120 for information about those zones. (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Amended, 06/13/1996) 21.02.140 LAND USE TABLES. Figure 140 (Land Use Tables) includes a listing of all major zones and a list of the land uses that may be approved in each. Each box on the table indicates the type of approval required for each use, as follows: A The use is allowed outright as a principal use. SUP The use is allowed subject to approval of a Special Use Permit. PUD The use is allowed only within an approved Planned Unit Development. No Symbol The listed use is NOT PERMITTED in that zone. (Ord. 4591, Readopted, 04/14/1997; Ord. 4557, Amended, 06/13/1996) 21.02.150 UNLISTED USES. (a) The Director shall review any application for a land use that is NOT listed in Figure 140 for the purpose of associating the proposed unlisted use with a listed use or uses using the following criteria: (1) The proposed unlisted use and the listed use or uses shall: (i) Pose similar impacts on the environ- ment for noise, light and glare, dust and odor, and water quality; (ii) Present similar operational character- istics for traffic volumes, typical hours of activity, park- ing demand, delivery of supplies, and storage of materials; (iii) Demonstrate similar dimensional compatibility within the zones in which the listed use or uses is/are permitted, including structures’ height and bulk, lot coverage and characteristic setbacks, land- scape, fences, signage, and type of structure (style and materials); and (2) There must be a clear association of the proposed unlisted use with the listed use or uses within any one of the fourteen (14) categories of Table 140. The Director’s association of an unlisted use with a listed use or uses classifies the proposed use as the listed use or uses for processing the application. (b) Appeals. The Director’s classification of an unlisted use or the Director’s determination that the pro- posed use cannot be classified and processed as any other listed use or uses may be appealed to the Admin- istrative Hearing Examiner as a Type I administrative decision pursuant to BMC 21.02.840. (Ord. 4886 §1, 2004; Ord. 4798, Amended, 05/10/2002; Ord. 4591 Readopted, 04/14/1997; Ord. 4557, Amended, 06/13/1996) 21.02.152 DOWNTOWN DISTRICT. (a) Zones. (See Map of Zone Districts, Figure 152(a)). (1) Downtown Core (DC). (i) Purpose. To focus commercial, enter- tainment, cultural, civic uses and urban residential into an intense, compact, walkable area served by public transit. (ii) Allowable Uses. a. Commercial, financial, retail; b. Eating and drinking establish- ments; c. General offices; d. Entertainment, museum, and cul- tural; e. Government and education; f. Residential and hotel; g. Religious institutions; h. Parks and open space; i. Structured parking. (iii) Prohibited Uses. a. Industrial uses; b. Drive-through uses; c. Motor vehicle sales, service, repair or washing; d. Storage of equipment and mate- rials; e. Adult entertainment; f. Work release facilities; g. Commercial surface parking lots, not serving a permitted use. (2) Downtown Waterfront (DW). (i) Purpose. To provide for an array of uses related to the water, multi-modal transportation facilities, view corridors, public access and residential. (ii) Allowable Uses. a. Retail, including marine retail; b. Eating and drinking establish- ments; c. Hotel; d. Residential; e. Transportation facilities; f. Parks and open spaces; g. Structured commercial parking with other permitted use; h. General offices comprising no more than twenty-five (25) percent of the total gross floor area of a mixed use development. (iii) Prohibited Uses. a. Same as downtown core; plus b. Boat sales, storage and repair; c. Stand-alone commercial parking not serving a permitted use. 21.02-15 (Revised 8/04) (b) Development Standards - Table. Notes: 1. Floor Area Ratio (FAR) is the amount of floor area within a building as a multiple of the lot area. Floor area is measured to the inside face of the exterior building walls. Calculation of FAR can exclude the following: a. Spaces below grade. b. Space devoted to parking. c. Mechanical spaces. d. Elevator and stair shafts. e. Space used for retail uses or restaurants that front the sidewalk. f. Space devoted to special amenities. g. Exterior decks open to the air. 2. The FAR for nonresidential uses and residential uses within a given development are individually calcu- lated for each use and may be added together for a com- bined maximum; provided, that the maximum allowable FAR for each use is not exceeded. (Example: A project that includes special amenities may have a total FAR of six (6), with two (2) in commercial use and four (4) in residential use.) 3. For the Downtown Core district, new development shall have a minimum FAR of one (1). 4. Maximum building height excludes: a. Parapets. b. Mechanical penthouses and elevator overruns and machine rooms. c. Roof forms and decorative elements not intended for occupancy. 5. The first three thousand (3,000) square feet of ground floor retail uses are exempted from parking requirements. 6. For residential uses, the minimum parking require- ment is .5 spaces per one thousand (1,000) square feet. 7. For purposes of this code, hotels shall be considered residential uses. (c) Design Standards (for exempt development, see BMC 21.02.152(e)). (1) All roof-top mechanical equipment shall be screened by either a high parapet or a stepped or sloped roof form that is a part of the architecture of the building and is at least as high as the equipment being screened. Fencing is not acceptable. (2) Street trees shall be provided with no fewer than three (3) trees per one hundred (100) linear feet of frontage. Tree grates shall be used to cover the planting pits. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. (3) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one hundred (100) linear feet of front- age), and shrubs. Masonry walls no lower than fifteen (15) inches and no higher than thirty (30) inches may be substituted for shrubs. (4) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. Pedestrian walk- ways from adjacent sidewalks shall be provided. (5) The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not provided to accomplish this, features such as plant- ers, decorative grilles, or works of art shall be used. (6) Any sidewalk level facade that faces any downtown street shall have at least thirty-five (35) per- cent of the facade area in transparent glass windows. (7) Any facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. (8) Buildings taller than four (4) stories shall display a distinctive design for the top of the building which can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (9) All development along any primary pedestrian street (First, Second, Burwell, Fourth, Fifth, Pacific, and Park) shall meet the following standards: (i) Building facades shall abut the side- walk. However, entrance areas may be recessed. Fur- (1) Floor Area Ratio (FAR) = (Floor Area/Lot Area). Base Maximum with Amenities District Non-Res.Res.Non-Res.Res. DC 1 2 3 6 DW .5 1 1 2 (2) Maximum Building Height. DC See Figure 152(b) DW See Figure 152(b) (3) Parking (stalls/k gsf) - (for exempt development see BMC 21.02.152(e)). Min.Max. DC 1 4 DW 1 3 (4) View Corridor. DC N/A DW See Table 3.2 of the Shoreline Master Program (Revised 8/04)21.02-16 thermore, buildings may be set back to accommodate exterior public spaces conforming to the provisions in subsection (d)(1) of this section. (ii) At least fifty (50) percent of the lin- ear, sidewalk level frontage of any structure shall con- sist of, or are adaptable to, retail, restaurants, cultural or entertainment uses, financial institutes, office, indoor public spaces, or art galleries. (iii) At least seventy-five (75) percent of the frontage shall include weather protection in the form of a flat or sloped canopy, projecting at least five (5) feet over the sidewalk. (d) Amenities Required to Achieve the Maximum Floor Area Ratio. In order for a development to achieve the maximum allowable floor area ratios set forth in the development standards table in subsection (b) of this section, special amenities must be provided. In return for incorporating any one of the three (3) special ame- nity features on the following list, the maximum FAR shall be allowed. The design of each feature will be reviewed to ensure that it is appropriate for the proposed location and provides for a public benefit. (1) Exterior public space that is at least ten (10) percent of the site area and includes the following features: a. Seating in the amount of one sitting space for each one hundred (100) square feet of area. b. Trees and other plantings. c. Art or water feature. d. Solar exposure during the summer. e. Access and visibility from the nearest sidewalk. (2) Public benefit use consisting of at least one of the following: a. Meeting room(s) available to the pub- lic. b. Day care. c. Museum. d. Performing arts theatre. (3) Work of Art or Water Feature in a Loca- tion That Is Visible to the Public at All Times. There may be more than one (1) artwork or water feature, so long as the cost of the item(s) is equivalent to at least one (1) percent of the building permit value for the project including site improvements. A work of art consists of an original, artist-produced creation such as: a. Murals. b. Sculptures. c. Paintings. e. Inlays. f. Friezes. g. Mosaics. h. Tile work. (e) Change of Use or Rehabilitation of Existing Buildings. When an existing building or structure is remodeled or improved or has a change in use or ten- ancy, it shall be exempt from off-street parking and landscaping requirements for new development includ- ing those set forth in subsection (c) of this section; pro- vided, that: (1) The structure is not enlarged, extended or structurally altered outside the existing extent of exte- rior walls and roofs in a manner that would generate additional required parking; and/or (2) The structure is not structurally altered within the limits of existing exterior walls and roofs to increase the existing floor area by more than twenty-five (25) percent. (Ord. 4887 §1, 2004; Ord. 4828, Added, 01/12/2003) 21.02.160 FRONT YARDS. (a) Through Lots. Through lots have two (2) front property lines with a front yard on each of two (2) par- allel or approximately parallel streets. (1) Each front yard shall be subject to the front yard setback requirements of its zone. (2) The Director may designate one (1) street frontage a rear lot line, provided the following are true: i. More than one (1) contiguous lot is involved, unless the entire frontage consists of one (1) property; ii. The majority of the lots and/or struc- tures within the block or other area being considered are clearly oriented in a similar direction away from the side being considered for designation as the rear lot line. (3) Orientation of the lot or structure shall be considered and the portion of a lot facing views or waterfront may be considered the parcel’s front lot line, in which case the property’s only street frontage could be designated its “rear.” (b) Corner Lots. All lot lines abutting public streets are considered to be front lot lines and front yard setbacks shall apply. A corner lot having frontage on more than one (1) street will have more than one (1) front yard area, the depths of which will be determined by the front setback requirement of that zoning district. Refer to the illustrations in Figure 070(c) for further clarification. (c) Intrusions into Required Setbacks. Structures shall abide by the required front yard setbacks except as follows: (1) Eaves, cornices, awnings, bay windows, architectural appendages, fireplaces, chimneys and per- mitted signs may project not more than two (2) feet into the front yard setback; (2) Front yard setback requirements shall not apply to decks, platforms, and porches that do not exceed thirty (30) inches in height above the finished 21.02-16.1 (Revised 8/04) grade; except that raised decks, high or enclosed porches, balconies or similar architectural appendages that extend more than thirty (30) inches above finished grade may project not more than six (6) feet into the front yard setback. (3) Fences, free-standing walls, steps, walks, and driveways. (d) Maintenance of Traditional Front Yards. In SF zones, if properties with either a house or garage/carport that is set back from the street less than the front yard requirement of the zone represent sixty (60) percent or more of the lineal feet fronting one side of the street within a numbered block, the average setback of these existing nonconforming structures establishes the mini- mum front yard for all properties fronting that side of the street on the block subject to the following provisions: (1) No structure need be set back more than five (5) feet further than a house or garage/carport on an adjoining lot; and (2) Regardless of subsection (d)(1) of this sec- tion, in no case shall the minimum front yard setback be less than five (5) feet. (Ord. 4799, Amended, 06/03/2002; Ord. 4798, Amended, 05/10/2002; Ord. 4591, Readopted, 04/14/1997; Ord. 4325 §1 (in part), Ord. 4194 §2, 1989; Ord. 4172, 1988) 21.02.170 SIDE YARDS. (a) Intrusions into Required Setbacks. Required parking spaces shall be made available and continuously maintained for the parking of operable passenger auto- mobiles and bicycles of residents, customers, patrons and employees of the related land use and shall not be rented, leased or otherwise assigned to any other person or organization without an approved joint use agreement or other City approval. No business activity shall be per- mitted on required parking spaces. (Ord. 4591, Readopted, 04/14/1997; Ord. 4194 §6, 1989; Ord. 4172, 21.02-43 (Revised 8/04) Readopted, 04/14/1997; Ord. 4172, 1988) 21.02.720 OUTDOOR STORAGE. (a) Storage yards and garbage dumpsters shall be surrounded by a six (6) foot high solid wall or sight obscuring fence. The wall or fence shall be considered a structure and shall conform to setbacks which may be required for building on street frontage. (b) Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of- way. (Ord. 4591, Readopted, 04/14/1997; Ord. 4172, 1988) 21.02.730 LANDSCAPE PLAN. (a) When necessary, a landscape plan shall accom- pany the building permit or other application which will be reviewed and approved by the Director of Commu- nity Development prior to the issuance of a building per- mit except as noted in this chapter. (b) A landscape plan shall be drawn to scale and shall indicate: (1) Existing property lines, trees, fences, and other screening and structures; (2) Proposed plantings, identified by common name, and caliper, size, and minimum height of speci- mens to be planted, fences, water, and other elements; (3) Maintenance Provisions. i. All trees, shrubs, and other landscap- ing shall be maintained in a healthy growing condition. Dead or dying vegetation shall be replaced during the first possible spring or fall planting season. The planting area shall be maintained reasonably free of weeds and trash. ii. Violation of these provisions shall be considered a violation of this chapter. All plant material shall be maintained as designed and approved. (c) Alternative Landscaping Plan. The require- ments of this chapter may be modified to encourage bet- ter landscaping design as follows: (1) A request for approval of alternate land- scaping shall be submitted to the Director of Commu- nity Development, accompanied by a landscape plan as required above. (2) The Director of Community Development may approve the alternative landscaping plan as a Type I administrative decision after making the following findings: i. Total area of landscaping shall be equal to or exceed that created by adherence to the stan- dard landscaping and buffer requirements. ii. There shall be a finding of public ben- efit that is consistent with the goals and policies of the Comprehensive Plan. Examples of public benefit include but are not limited to: a. Reduction of landscaping in one (1) area to create a more useable or effective massed landscape area in another area. iii. The development plan shall not be inconsistent with the intent of any provision of the Zon- ing Code. (Ord. 4806; Amended, 06/28/2002; Ord. 4591, Readopted, 04/14/1997; Ord. 4172, 1988) 21.02.740 CLEAR-VISION AREA. (a) A clear-vision area shall be maintained at the intersections of streets, alleys and commercial drive- ways, or combinations thereof. (b) The clear-vision area shall consist of a triangu- lar area with two (2) sides generally following lot lines from the point of their intersection for a distance of forty (40) feet. The third line of the triangle connects the other two at their forty (40) foot marks and encloses the clear- vision area, as illustrated in Figure 740. (c) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway. (d) The foregoing provision shall not apply to: (1) Public utility poles, sign supports and sig- nals. (2) Other signs that are lower than three (3) feet or higher than eight (8) feet and with only minimal supporting structures within the clear-vision area. (Also see Sign Provisions of BMC 21.02.330). (3) A tree trimmed to the trunk within the three (3) foot to eight (8) foot clear area. (4) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross-view in all seasons. (5) A supporting member or appurtenance to a permanent building lawfully existing on the site. (Ord. 4591, Readopted, 04/14/1997; Ord. 4325 §2 (in part), 1991) 21.02.760 PERFORMANCE ASSURANCE DEVICE. (a) Landscaping may not always be completely in place at the time a Certificate of Occupancy (CO) is sought from the City. If the Planning Department deter- mines that any required landscaping has not been com- pleted, the Planning Department may require that a performance assurance device be provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out if approval of the plan by the City is required by this chapter. A bond shall be in the amount of one hundred twenty-five (125) percent of the estimated cost required to complete the approved landscaping according to plan, to guaran- tee not only its installation, but also the replacement of any plants that die within two (2) years of the posting of (Revised 8/04)21.02-44 the bond. If a performance assurance device is provided, landscaping shall be installed within six (6) months of the date of issuance of a CO. If the approved landscape plan is not carried out, the City shall use the perfor- mance assurance device to complete the landscaping. (b) A performance assurance device will be released two (2) years after it is posted if the landscap- ing vegetation is in a healthy growing condition. (Ord. 4591, Readopted, 04/14/1997; Ord. 4172, 1988) 21.02.770 PURPOSE. The purpose of this chapter is to provide for the continuation, alteration, conversion, or termination of certain nonconforming uses, structures, and lots which deviate from the regulations of this chapter. (Ord. 4591, Readopted, 04/14/1997; Ord. 4172, 1988) 21.02.780 NONCONFORMING LOTS. (a) Definition of Nonconforming Lots. A lot which is nonconforming does not meet all the lot requirements of the zoning district in which it is located, but was lawfully created prior to the effective date of this chapter. A party asserting the existence of a lawful nonconforming lot has the burden of establishing that the lot was not substandard according to the require- ments in effect at the time of its creation. (b) Continuation and Development. (1) An undeveloped nonconforming lot may be developed for any use allowed by the zoning district provided the development meets, through design or by approved variance, all lot development requirements of that zone. (2) An existing structure may be enlarged or repaired on a nonconforming lot, except as described in subsection (b)(4) of this section, if the enlargement, alteration, or repair complies with all development stan- dards for the zoning district in which it is located, other than the requirements for lot size, width or depth. (3) A lawful nonconforming use of land not involving a structure may be continued on a noncon- forming lot, unless it is scheduled for amortization in accordance with BMC 21.02.840. (4) A structure sited on a nonconforming lot and which is damaged to the extent of more than sev- enty-five (75) percent of its replacement cost, exclusive of foundations, shall not be reconstructed unless it is made to conform to all development requirements of that zoning district, other than the lot size, width and depth requirements. The repair, expansion or replace- ment of a nonconforming use and/or nonconforming structure are subject to BMC 21.02.800 and BMC 21.02.810 21.02-49 (Revised 8/04) (a) Actions. The following actions may be approved, approved with conditions, or denied, or remanded by the Administrative Hearing Examiner pur- suant to Chapter 2.13 BMC following an open record public hearing, unless noted otherwise. (1) Variance. (2) Nonadministrative Special Use Permit. (b) Decision Format. Type III decisions shall be made in writing supported by findings of fact and con- clusions of law. (c) Final Decision. Type III decisions are made by the Administrative Hearing Examiner and are final when issued for purposes of appeal. (d) Appeal. Type III decisions may be appealed to Superior Court within the twenty-one (21) calendar days following the date of issuance of the decision. (Ord. 4899 §1, 2004; Ord. 4804, Amended, 06/08/2002; Ord. 4798, Amended, 05/10/2002; Ord. 4664, Amended, 09/05/1999; Ord. 4591, Readopted, 04/14/1997; Ord. 4567, Repealed & Replaced, 09/19/1996) 21.02.855 TYPE IV CITY COUNCIL DECISIONS. (a) Actions. The following actions may be approved, approved with conditions, denied, or remanded by the City Council following an open record pre-decision public hearing by the Administrative Hear- ing Examiner pursuant to Chapter 2.13 BMC, unless noted otherwise. Public notice is required for Type IV actions. Recommendations will be provided by the Administrative Hearing Examiner to the City Council following a public hearing. Staff may conduct addi- tional neighborhood meetings when required or when otherwise warranted by the Director for public informa- tion or data gathering purposes. An asterisk (*) denotes actions that are exempt from the one hundred twenty (120) day permit processing requirement. A double asterisk (**) denotes actions that do not require a recom- mendation from the Administrative Hearing Examiner. (1) Preliminary subdivision plat. (2) Vacation of existing subdivision. (3) Planned unit development (PUD). (4) Major amendment to a PUD. (5) Binding site plan. (6) Rezone for specific properties or small area. (7) Development agreement.* (8) Final subdivision plat.** (b) Decision Format. Type IV decisions shall be made by motion, resolution, ordinance, or other form appropriate to that particular decision and suitable for recording. (c) Final Decision. Type IV decisions are made by the City Council following the Administrative Hearing Examiner’s open public hearing and are final when issued for purposes of appeal. (d) Appeal. Type IV decisions may be appealed to Superior Court within the twenty-one (21) calendar day appeal period, or on the effective date of the ordinance, whichever is longer. (Ord. 4899 §2, 2004; Ord. 4798, Amended, 05/10/2002; Ord. 4778, Amended, 11/05/2001; Ord. 4591, Readopted, 04/14/1997; Ord. 4567, Repealed & Replaced, 09/19/1996) 21.02.865 PLANNED ACTIONS. (a) A planned action does not require a threshold determination nor the preparation of an environmental impact statement under State Environmental Policy Act (SEPA). However, an environmental checklist may be requested as part of the initial application to help dis- close, review and mitigate environmental impacts through the site plan review process. (b) To qualify as a “planned action,” a project action must: (1) Be a clearly designated or proposed action within a plan, ordinance or resolution that was adopted by the City, and be consistent with the Comprehensive Plan; (2) Have had any significant impacts ade- quately addressed in an environmental impact statement prepared in conjunction with the City’s Comprehensive Plan or related neighborhood, subarea, urban renewal, or other special area plan; (3) Be a subsequent or implementing project for proposals contained in the Comprehensive Plan or related plans; (4) Be located within the City limits or Urban Growth Area; and (5) Not be an essential public facility, as defined in RCW 36.70A.200. (c) Planned actions may be limited to certain types of development, to specific geographical areas of the City, and/or to a time period identified in the EIS, plan, ordinance or resolution that designated the planned action. (d) Project review of a planned action shall not address its appropriateness nor question the basis of its proposal in a comprehensive plan or other adopted doc- ument. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, related public facilities and services, payment of impact or other fees, or other measures that may be needed to mit- igate probable adverse environmental impacts. (Ord. 4591, Readopted, 04/14/1997; Ord. 4567, Repealed & Replaced, 09/19/1996) 21.02.870 GENERAL PROCESSING PROCEDURES. (a)Determination of Proper Procedure: (1) The Director or his/her designee shall determine the proper procedure for the processing of each development application. (Revised 8/04)21.02-50 (2) Disputes shall be resolved in favor of the higher category of decision (Type I-IV). (3) A permit or approval involving the siting or development of important public facilities or utilities, or related to the use of public areas or facilities for pub- lic purposes, may be excluded from the one hundred twenty (120) day permit process by passage of a resolu- tion that presents the special circumstances that warrant a different process. (b)Optional Consolidated Permit Process: An application that involves two (2) or more permits or pro- cedures may be processed one (1) of two (2) ways, at the option of the applicant: (1) Individually according to the established process for each permit or approval; or (2) Collectively under the highest category of decision (Type I-IV) required for any part of the appli- cation. This consolidated review process may combine an open record pre-decision hearing on one (1) or more permits with an open record appeal hearing on other per- mits. (c) Pre-Application Conference: With the exception of Type I approvals, a conference with DCD staff to preview proposals and explain the application requirements and procedures prior to submitting an application is required. Anyone choosing the consoli- dated permit process must also begin with a pre-applica- tion conference. (d)Official File: The Department shall establish an official file containing all applications, correspon- dence, and other materials related to the application(s). The file is a public record and available for inspection at DCD during normal working hours. (e) Technical Review: (1) Most Type II, III, and IV applications will be distributed to other City departments, agencies, and interested organizations for their review and comment during a specified comment period of fourteen (14) days. The comment period may be as long as thirty (30) days if necessary for the review of unique or complex applications. (2) The review shall include both land use and environmental impact analysis so that the governmental and public reviews will run concurrently. An appeal of a SEPA determination, other than a Declaration of Sig- nificance (DS), will be heard at the open record pre- decision public hearing. (3) The technical review shall determine con- sistency of the project with applicable plans and regula- tions in at least these four (4) areas: (i) the type of land use allowed; (ii) the level (density or intensity) of devel- opment allowed; (iii) the adequacy of needed infrastruc- ture; and (iv) the character of the proposed development, as determined by its compliance with spe- cific development standards and/or guidelines. (f)Determination of Completeness: Within twenty-eight (28) days of acceptance of a project permit application, the City shall mail or personally provide a written notice of completeness to the applicant which states that the application is complete or incomplete. (1) A complete application will meet the basic submission requirements and include other application requirements contained in this chapter and any data determined to be reasonably necessary by the Director or through the pre-application conference. (2) An application shall be deemed complete if the City does not provide a written determination within twenty-eight (28) days of submittal. (3) The determination of completeness shall not preclude the City from requesting additional infor- mation or studies that may be required later, or resulting from changes to the proposal. (g) Incomplete Application: (1) The determination of completeness shall provide ninety (90) days for the applicant to submit the information necessary to make an application complete. (2) If the applicant does not provide the nec- essary information within ninety (90) days, or refuses in writing to do so, the application shall lapse and may not be resubmitted for one full year. (3) If the application has lapsed for any reason prior to becoming a complete application, the applica- tion fees unrelated to the technical review and determi- nation of completeness shall be refunded, if requested by the applicant. (h)Notice of Application: This notice shall be issued for Type II, III and IV project permit applica- tions, within fourteen (14) days of the determination of completeness. It is not required for Type I applications, nor for other exempt project permits. (See Figure 895(a)). (i)Public Meeting: If not specifically required for a particular permit, the Director may initiate a public meeting to be conducted by City staff, the Administra- tive Hearing Examiner, neighborhood organization, or other appropriate body. (1)Purpose: To explain the proposal, discuss its characteristics and alternatives, and receive ques- tions and comments from citizens or other interested parties. (2)Informal Meeting: The meeting may be held in the Council Chambers of City Hall or in any other suitable location and shall be conducted infor- mally. It may be referred to as a study session, neighbor- hood meeting, or other public meeting, but shall not be conducted as a formal public hearing. If not a require- ment of the body conducting the meeting, the meeting need not be recorded electronically. Written minutes or a meeting summary shall be produced and made part of the record. 21.02-50.1 (Revised 8/04) (3)Notice: Shall be posted in accordance with Figure 895(a). (j)Public Comment Period: (1) A comment period of at least fourteen (14) days but not longer than thirty (30) days shall follow the notice of application and be specified in that Notice, except that a twenty (20) day comment period shall be provided for shoreline permits. (2) The City may accept written comments at any time prior to the close of the open record pre-deci- sion Title 21 Appendix: 152(b)-1 (Revised 8/04) (Ord. 4901 §1, 2004) Title 21 Appendix: 840-1 (Revised 8/04) (Ord. 4899 §3, 2004) PERMIT PROCESSING SUMMARY Figure 840 DECISIONS Administrative Decision Hearing Examiner Open Record Hearing and Decision Hearing Examiner Open Record Hearing and Recommendation City Council Closed Record Decision Type I Decisions (without notice) BMC 21.02.840 • Sign permits * * (on appeal) • Home occupation * * (on appeal) • Land uses permitted outright * * (on appeal) • Boundary line adjustment * * (on appeal) • Minor amendment to approved PUD * * (on appeal) • Minor amendments to other permits * * (on appeal) • Temporary emergency wetland or stream permits * * (on appeal) • Clearing less than 2 acres * * (on appeal) • Grading less than 100 cubic yards * * (on appeal) • Landscape plan * * (on appeal) • Site plan review * * (on appeal) • Recreational vehicle 90-day permit * * (on appeal) • Building permits * * (on appeal) • Alternative setback * * (on appeal) • Alternative landscaping * * (on appeal) • Permit or approval revocation * * (on appeal) Type II Decisions (notice required) BMC 21.02.845 • Short subdivison * * (on appeal) • SEPA determination * * (on appeal) • Wetland or stream assessment * * (on appeal) • Wetland or stream development permit * * (on appeal) • Environmental area determination * * (on appeal) • Administrative special use permit * * (on appeal) • Design review * * (on appeal) • Plan or code interpretation * * (on appeal) • Minor alteration of approved plat * * (on appeal) • Permit or approval revocation * * (on appeal) Type III Decisions BMC 21.02.850 • Variance * • Non-administrative special use permit * • Senior housing complexes * • Permit or approval revocation * Type IV Decisions BMC 21.02.855 • Preliminary subdivision plat * * • Vacation of existing subdivision * * • Planned unit development * * • Major amendment to a PUD * * • Binding site plan ** • Rezone for specific properties or small area * * • Development agreement * * • Final subdivision plat * Title 21 Appendix: 895(a)-1 (Revised 8/04) Figure 895(a) NOTICE REQUIREMENTS NOTICE REQUIREMENTSDECISIONSDetermination of CompletenessNotice of ApplicationNotice of Open Record Public HearingNotice of Decision Notice of Appeal Notice of DecisionType I Decisions• Sign permits No None No No No No• Home occupations No None No No No No• Land uses permitted outright No None No No No No• Boundary line adjustment No None No No No No• Minor amendment to approved PUD No None No No No No• Minor amendments to other permits No None No No No No• Temporary emergency wetland or stream permits No None No No No No• Clearing less than 2 acres No None No No No No• Grading less than 100 cubic yards No None No No No No• Landscape plan No None No No No No• Site plan review Yes None No No No No• Recreational vehicle 90-day permit No None No No No No• Building permits Yes None No No No No• Alternative setback No None No No No No• Alternative landscaping No None No No No No• Permit or approval revocation No None No No No NoType II DecisionsAppeals to Hearing Examiner• Short subdivision Yes Yes No Yes Yes If appealed• Administrative SUP Yes Yes No Yes Yes If appealed• Minor plat amendment Yes Yes No Yes Yes If appealed• Wetland assessment/permit Yes Yes No Yes Yes If appealed• SEPA determination Yes No No Some cases Yes If appealed• Environmental area determination No No No Yes Yes If appealed• Design review Yes Yes No Yes Yes If appealed• Interpretation No No No Yes Yes If appealed• Permit or approval revocation No No No No No If appealedType III DecisionsAppeals to court• Variance Yes Yes Yes Yes No N/A• Non-administrative SUP Yes Yes Yes Yes No N/A• Senior housing complexes Yes Yes Yes Yes No N/A• Permit or approval revocation No No No No No N/A (Revised 8/04)Title 21 Appendix: 895(a)-2 Figure 895(a) NOTICE REQUIREMENTS Type IV Decisions• Rezone Yes Yes Yes No N/A Yes• Development agreement Yes No Yes No N/A Yes• Preliminary subdivision plat Yes Yes Yes No N/A Yes• Binding site plan Yes Yes Yes No N/A Yes• Vacation of subdivision Yes Yes Yes No N/A Yes• Planned unit development Yes Yes Yes No N/A Yes• PUD major amendment Yes Yes Yes No N/A Yes• Final subdivision plat No No No No No N/AShoreline Decisions• Subdivision development permit Yes Yes No Yes Yes If appealed• Conditional use permit Yes Yes Yes Yes Yes If appealed• Variance Yes Yes Yes Yes Yes If appealed• Permit revision Yes Yes No Yes Yes If appealed(Ord. 4899 §4, 2004)NOTICE REQUIREMENTSDECISIONSDetermination of CompletenessNotice of ApplicationNotice of Open Record Public HearingNotice of Decision Notice of Appeal Notice of Decision Tables-1 (Revised 8/04) Ordinance Table Information on the disposition of ordinances prior to 4848 can be found in the office of the city clerk. Number Subject 4848 Recodifies Chapter 5.50 as Chapter 18.06, ambulance services (18.06) 4849 Amends § 21.22.240, critical lands ordinance (21.22) 4850 Repeals and replaces Chapter 9.88 and Title 9A, criminal code (9.88, 9A.04, 9A.08, 9A.12, 9A.16, 9A.20, 9A.24, 9A.28, 9A.32, 9A.36, 9A.40, 9A.44, 9A.48, 9A.52) 4851 Amends § 6.32.110, noise levels (6.32) 4852 Repeals and replaces Chapter 21.06, comprehensive plans (21.06) 4853 Council salaries (Special) 4854 Alley vacation (Special) 4855 Rezone (Special) 4856 Adds Chapter 11.12, transportation development; amends Chapter 11.08, sidewalks construction and repair, Chapter 11.10, sidewalks, duties of abutting property owners, and § 13.10.080, trees, planting and maintenance; and repeals and replaces § 15.01.100, utility system standards (11.08, 11.10, 11.12, 13.10, 15.01) 4857 Amends § 11.02.080, right-of-way use permits (11.02) 4858 Amends Chapter 21.02, Figure 152(b), zoning (Repealed by 4901) 4859 Adds Chapter 9.20, pawnbrokers and second hand dealers; amends Chapter 3.01, Rate Table A, and Chapter 5.03, general provisions; recodifies Chapter 5.42 as Chapter 9.34, hotels and motels, and Chap- ter 5.80 as Chapter 3.74, amusement devices; repeals Chapters 5.10, 5.12, 5.25, 5.30, 5.38, 5.46, 5.48, 5.54, 5.60, 5.76, 5.84, 5.98, and 5.99 (3.01, 3.74, 5.03, 9.20, 9.34) 4860 Adds § 21.02.335, wireless telecommunications facilities (21.02) 4861 Amends § 21.02.330, off-premises signs (21.02) 4862 Street vacation (Special) 4863 Amends Ord. 4839, Fiscal year 2003 budget (Special) 4864 Adds Chapter 2.03, mayor; repeals § 2 of Ord. 4357 (2.03) 4865 Amends Chapter 3.01, Rate Table B, and § 10.11.010, parking and enforcement; repeals Chapter 10.08, parking zones, and Chapter 10.09, residential parking permits; repeals and replaces Chapter 10.10, handicapped parking (3.01, 10.10, 10.11) 4866 Amends Chapter 7.12, dangerous animals, and Chapter 7.14, misdemeanors, infractions, and penalties; repeals Chapter 7.16, livestock restricted areas (7.12, 7.14) 4867 Amends Chapter 2.05, departments and directors (2.05) 4868 Adds § 2.76.550, credit/purchase card use (2.76) 4869 Amends Chapter 3.01, Rate Table A (3.01) 4870 Westpark housing cooperation (Special) 4871 Adds Chapter 2.74, travel authorization and expense reimbursement; repeals Ord. 3693 (2.74) 4872 Natural gas franchise (Special) 4873 Community renewal plan (Special) 4874 Amends §§ 11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310, and 11.02.320, right-of-way use (11.02) 4875 Energy franchise (Special) 4876 Tax levy (Special) 4877 Adds Chapter 2.01, elected official - PERS (2.01) 4878 Amends 2003 budget (Special) 4879 Amends § 3.82.020, commercial parking tax (3.82) 4880 Amends Chapter 3.01, Rate Tables A, B, C, D, E, F, and G; repeals Rate Table F1, §§ 3.01.090 and 3.01.095 (3.01) (Revised 8/04)Tables-2 4881 Amends § 15.06.015, Appendix A (15.06) 4882 Amends § 3.50.050, utility taxes (3.50) 4883 2004 budget; repeals Chapters 3.10, conference center fund, and 3.38, discretionary reserve fund (Spe- cial) 4884 Street vacation (Special) 4885 Property condemnation (Special) 4886 Amends §§ 21.02.070 and 21.02.150, zoning (21.02) 4887 Amends § 21.02.152, zoning (21.02) 4888 Street vacation (Special) 4889 Recodifies Ch. 2.02 to Ch. 1.02, city business hours, and Ch. 2.04 to Ch. 2.02, city council (1.02, 2.02) 4890 Amends Port Blakely initial development agreement (Special) 4891 Amends § 6.32.010, noise levels (6.32) 4892 Amends § 11.08.100; repeals § 11.08.130, sidewalks - construction, reconstruction and repair (11.08) 4893 Repeals and replaces Ch. 2.78, real property transactions; repeals city financial policy 1-20-03 (2.78) 4894 Amends §§ 2.13.090 and 2.13.110, administrative hearing examiner (2.13) 4895 Amends Ch. 3.50 and § 3.86.170, utility taxes (3.50, 3.86) 4896 Street vacation (Special) 4897 Pending 4898 Adds Ch. 9.32, unauthorized camping, and § 10.11.050 [10.11.005]; amends title to Ch. 10.11 and § 10.11.010, parking enforcement (9.32, 10.11) 4899 Amends §§ 21.02.850, 21.02.855, Figure 840 and Figure 895(A), zoning (21.02) 4900 Amends § 2.05.010; repeals Ch. 2.08 and repeals and replaces Ch. 2.09, department of financial ser- vices (2.05, 2.09) 4901 Repeals and replaces Ch. 21.02 Appendix Figure 152(b), zoning (21.02) 4902 Repeals § 21.02.750 (Repealer) 4903 Repeals and replaces Ch. 18.02, city fire code (18.02) 4904 Repeals and replaces Ch. 17.04, city building code (17.04)