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
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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.
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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: ____________
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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
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(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)