HomeMy WebLinkAbout09 bremerton0108_supp9SUPPLEMENT DIRECTIONS
BREMERTON MUNICIPAL CODE
Supplement No. 9 – January 2008
New, reprinted pages included with this supplement are listed by title and page number in the right-hand
column below. The left-hand column lists obsolete material which should be removed from the code. Follow
the instruction columns in sequence: remove and replace pages as necessary.
When completed, insert these directions in a convenient place near the front of the code book. For future
reference, the person making these changes may also date and initial this page.
This supplement includes all legislation passed up to and including Ordinance 5032, passed December 5,
2007.
Remove these pages Insert these pages
Publisher’s Note ............................................... Publisher’s Note
Title 2
Table of Contents .................................. Table of Contents
2.06-1 ....................................................................... 2.06-1
2.09-1 – 2.09-2 .......................................... 2.09-1 – 2.09-2
2.14-1 ......................................................... 2.14-1 – 2.14-2
2.30-1 ....................................................................... 2.30-1
— ............................................................................. 2.38-1
2.74-1 – 2.74-3 .......................................... 2.74-1 – 2.74-2
2.92-1 – 2.92-4 .......................................... 2.92-1 – 2.92-4
Title 3
Table of Contents .................................. Table of Contents
3.01-1 – 3.01-2 .......................................... 3.01-1 – 3.01-2
3.01-A1 – 3.01-A2 ............................... 3.01-A1 – 3.01-A2
3.01-C3 – 3.01-C4 ................................ 3.01-C3 – 3.01-C4
3.01-E1 .................................................................. 3.01-E1
3.01-F1 – 3.01-F12 .............................. 3.01-F1 – 3.01-F11
3.01-G1 ................................................................. 3.01-G1
3.36-1 ....................................................................... 3.36-1
3.48-1 – 3.48-16 ...................................... 3.48-1 – 3.48-18
3.64-1 ....................................................................... 3.64-1
3.86-1 – 3.86-7 .......................................... 3.86-1 – 3.86-8
Title 6
6.04-1 – 6.04-3 .......................................... 6.04-1 – 6.04-3
Title 7
7.05-1 ....................................................................... 7.05-1
Title 9
9.48-1 – 9.48-2 .......................................... 9.48-1 – 9.48-2
Title 9A
9A.12-1 ................................................ 9A.12-1 – 9A.12-2
Title 10
Table of Contents .................................. Table of Contents
10.12-1 ................................................................... 10.12-1
— ........................................................... 10.42-1 – 10.42-2
(Revised 1/08)
Updated by: _______
Dated: ____________
Remove these pages Insert these pages
Title 11
11.02-1 – 11.02-10 ............................... 11.02-1 – 11.02-10
Title 13
13.04-1 – 13.04-2 ................................... 13.04-1 – 13.04-2
Title 15
Table of Contents ................................... Table of Contents
15.01-3 – 15.01-7 ................................... 15.01-3 – 15.01-8
15.03-3 – 15.03-5 ................................... 15.03-3 – 15.03-5
15.05 Reserved Page .............................. 15.05-1 – 15.05-5
15.06-1 – 15.06-4 ................................... 15.06-1 – 15.06-7
15.06-A1 – 15.06-A8 ....................... 15.06-A1 – 15.06-A8
Title 17
Table of Contents ................................... Table of Contents
17.04-1 – 17.04-12 ................................. 17.04-1 – 17.04-5
17.56-1 ........................................................................... —
17.60-1 – 17.60-8 ................................... 17.60-1 – 17.60-8
Title 18
18.02-1 – 18.02-17 ............................... 18.02-1 – 18.02-19
Title 20
20.42-1 – 20.42-13 ............................... 20.42-1 – 20.42-14
20.46-1 – 20.46-2 ................................ 20.46-1 – 20.46-2.1
20.50-1 – 20.50-4 ................................... 20.50-1 – 20.50-4
20.60-3 – 20.60-6 ................................... 20.60-3 – 20.60-6
20.62-1 – 20.62-2 ................................... 20.62-1 – 20.62-2
20.64-1 – 20.64-3 ................................... 20.64-1 – 20.64-3
20.66-1 – 20.66-2 ................................... 20.66-1 – 20.66-2
20.70-1 – 20.70-3 ................................... 20.70-1 – 20.70-3
20.74-1 – 20.74-2 ................................... 20.74-1 – 20.74-2
20.75-1 – 20.75-3 ................................... 20.75-1 – 20.75-3
20.76-1 – 20.76-2 ................................... 20.76-1 – 20.76-2
20.79-1 – 20.79-2 ................................... 20.79-1 – 20.79-2
20.80-1 – 20.80-2 ................................... 20.80-1 – 20.80-3
20.84-1 – 20.84-2 ................................... 20.84-1 – 20.84-2
20.90-1 – 20.90-2 ................................... 20.90-1 – 20.90-2
20.92-1 – 20.92-2 ................................... 20.92-1 – 20.92-2
20.94-1 – 20.94-2 ................................... 20.94-1 – 20.94-2
Tables
1 – 4 ........................................................................... 1 – 5
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 1/08)
(Revised 1/08)
PUBLISHER’S NOTE
The Bremerton Municipal Code, originally maintained by the city, is being supplemented by
Code Publishing Company, starting with Ord. 4848.
Citation to the Bremerton Municipal Code: This code should be cited as BMC; i.e., “see BMC
3.08.010.” A BMC title should be cited BMC Title 3. A BMC chapter should be cited Chapter 3.08
BMC. A BMC section should be cited BMC 3.08.010. Through references should be made as BMC
3.08.010 through 3.08.040. Series of sections should be cited as BMC 3.08.010, 3.08.020, and
3.08.030.
Numbering system: The number of each section of this code consists of three parts, in sequence
as follows: Number of title; number of chapter within the title; number of section within the chapter.
Thus BMC 3.08.020 is Title 3, chapter 8, section 20. The section part of the number (.020) initially
consists of three digits. This provides a facility for numbering new sections to be inserted between
existing sections already consecutively numbered. In most chapters of the BMC, sections have been
numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections
so that for a time new sections may be inserted without extension of the section number beyond three
digits.
Legislation: The legislative source of most sections is enclosed in parentheses at the end of the
section. References to ordinances are abbreviated; thus “(Ord. 92-22 § 1, 1992; Ord. 84-19 § 2,
1984)” refers to section 1 of Ordinance No. 92-22 and section 2 of Ordinance No. 84-19. “Formerly”
followed by a BMC citation preserves the record of original codification. A semicolon between ordi-
nance citations indicates an amendment of the earlier section.
Errors or omissions: Although considerable care has been used in the production of this code, it
is inevitable in so large a work that there will be errors. As users of this code detect such errors, it is
requested that a note citing the section involved and the nature of the error be e-mailed to:
CPC@codepublishing.com, so that correction may be made in a subsequent update.
Computer access: Code Publishing Company supports a variety of electronic formats for search-
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book, indicates the ordinance (and passage date thereof) of the last ordinance included with each
supplement.
CODE PUBLISHING COMPANY
Seattle, Washington
(206) 527-6831
(Revised 1/08)
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
2.12 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
2.26 EMERGENCY MANAGEMENT ORGANIZATION
2.28 EQUAL EMPLOYMENT OPPORTUNITY
PROGRAM
2.30 CIVIL SERVICE
2.32 ARTS COMMISSION
2.34 GOLD MOUNTAIN GOLF COMPLEX BOARD OF
DIRECTORS
2.36 DESIGN REVIEW BOARD
2.38 LODGING TAX ADVISORY COMMITTEE
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 PROCUREMENT AND DISPOSAL CODE
2.78 REAL PROPERTY TRANSACTIONS
2.82 NAMING OF PARKS AND PUBLIC FACILITIES
2.88 DISABILITY ACTION COMMITTEE
2.90 INDEMNITY OF PERSONNEL
2.92 OFFICE OF RISK MANAGEMENT AND SAFETY
(Revised 1/08)
2.96 CODE OF ETHICS
2.98 BREMERTON RESERVE OFFICER BOARD OF
TRUSTEES
2.100 PUBLIC ACCESS CITIZENS ADVISORY
COMMITTEE
2.06-1 (Revised 1/08)
Chapter 2.06
OFFICE OF CITY ATTORNEY
Sections:
2.06.010 DEPARTMENT CREATED.
2.06.020 APPOINTMENT.
2.06.030 DUTIES.
2.06.040 OUTSIDE EMPLOYMENT.
2.06.010 DEPARTMENT CREATED.
There is hereby created the Office of the City Attor-
ney which shall serve as the Legal Department for the
City pursuant to the laws of the State of Washington and
the Charter of the City of Bremerton for the purpose of
representing the City in all legal matters involving the
City. The office shall be managed by the City Attorney
who shall serve as its director, and who shall be respon-
sible for hiring and supervising employees of the office.
The City Attorney shall oversee the civil and prosecu-
tion divisions. (Ord. 4966 §3, 2006: Ord. 4808,
Amended, 07/26/2002; Ord. 4793, Amended,
05/05/2002; Ord. 4152 §1, 1988)
2.06.020 APPOINTMENT.
The City Attorney shall be appointed by the Mayor
subject to confirmation by the City Council. The resig-
nation of the City Attorney shall be effective upon the
acceptance of resignation by the Mayor. (Ord. 4808,
Added, 07/26/2002)
2.06.030 DUTIES.
To accomplish the directives of the City Charter
and requirements of state law, the function of the Office
of the City Attorney shall include, but not be limited to:
(a) Advise the Mayor, boards, commissions,
department heads, Council and its committees, and
other City officials and officers, including the rendering
of formal legal opinions when so requested or when it
appears to the attorney advisable to do so.
(b) Attend all regular and special meetings of the
Council, unless excused by the President of the Council.
(c) Prepare, draft, approve as to form, or supervise
the preparation of ordinances, resolutions, leases, deeds,
contracts and/or agreements, and such other and similar
instruments as may be required by the business of the
City.
(d) Represent the City in criminal prosecutions in
Municipal Court and appellate courts.
(e) Represent the City in all litigation and admin-
istrative proceedings in which the City is involved either
as a plaintiff or defendant, or recommend the appoint-
ment of special counsel therein.
(f) Attend meetings of the Civil Service Commis-
sion, pension boards, and other commissions, boards, or
committees required by law, or as directed by the Coun-
cil, or requested by the chair of such board or commis-
sion.
(g) Facilitate bond issues; provided, this shall not
mean the rendering of an opinion on the validity of the
bonds in any case where special bond counsel has been
retained by the City or by any prospective bond buyer.
(h) On request of the Mayor or Council participate
in intergovernmental relations affecting the City.
(i) Keep litigation files and records, and copies of
all other official written communications, and deliver
same to successors of the Office of the City Attorney.
(j) Direct or participate in proceedings for the
vacation of streets, condemnation of land, land acquisi-
tion, sale of surplus properties, and related legal transac-
tions.
(k) Prepare and administer the budget for the
Office of the City Attorney.
(l) Serve as advisor and/or participant in labor
negotiations and approve labor contracts as to form.
(m) Coordinate and assist in obtaining information
and legal opinion from Municipal Research as requested
by the Mayor, Council President, or Chair of the Audit
Committee.
(n) Prepare and/or approve ballot measures and
levies.
(o) Interpret substance, form, and applicability of
the City Charter and ensure consistency of all ordi-
nances, resolutions, and administrative rules therewith.
(Ord. 4966 §4, 2006: Ord. 4808, Amended, 07/26/2002;
Ord. 4152 §1, 1988)
2.06.040 OUTSIDE EMPLOYMENT.
The City Attorney and Assistant City Attorneys
shall not engage in any legal practice outside the Office
of the City Attorney that would interfere or conflict with
the duties of this office. (Ord. 5029 §1, 2007: Ord. 4808,
Amended, 07/26/2002; Ord. 4152 §1, 1988)
2.09-1 (Revised 1/08)
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.
2.09.050 OFFICE OF THE CITY CLERK
CREATED - DUTIES.
2.09.060 OFFICE OF HUMAN
RESOURCES CREATED -
DUTIES.
2.09.070 OFFICE OF RISK
MANAGEMENT AND SAFETY.
2.09.080 BREMERTON KITSAP ACCESS
TELEVISION (BKAT)
DIVISION CREATED - DUTIES.
2.09.010 DEPARTMENT CREATED.
There is hereby created the Department of Financial
Services.
(a) Divisions. The Department of Financial Ser-
vices shall consist of the following divisions, as well as
any other divisions established by the City Council:
(1) Finance;
(2) Office of the City Clerk;
(3) Human Resources;
(4) Office of Risk Management and Safety;
and
(5) Bremerton Kitsap Access Television
(BKAT).
(b) Duties. The Director of Financial Services
shall be in charge of the Department of Financial Ser-
vices and all divisions established thereunder. The
duties enumerated in each division as set forth in this
chapter may be reassigned within the Department of
Financial Services at the discretion of the Director of
Financial Services for the purpose of achieving work
efficiencies. The Director of Financial Services is also
responsible for the management of the Conference Cen-
ter operating fund. (Ord. 4983 §1 (part), 2006: Ord.
4966 §5 (part), 2006: 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, Human
Resources Manager, City Clerk, Risk Manager, and
Public Access Manager as managers for their respective
divisions. The managers (hereinafter "managers" or
"division 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 an applicable rule or regulation, the
City Charter, ordinance, or terms and conditions as
approved by the City Council. (Ord. 5003 §2, 2007:
Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006:
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).
(Revised 1/08)2.09-2
(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. 4983 §1
(part), 2006: Ord. 4966 §5 (part), 2006: 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. 4983 §1
(part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2,
2004)
2.09.060 OFFICE OF HUMAN RESOURCES
CREATED - DUTIES.
There is hereby created the Office of Human
Resources. The division shall be managed by the
Human Resources Manager. It shall be the duty of the
Human Resources Manager to:
(a) Assist City departments with recruitment, test-
ing and hiring as applicable.
(b) Advise City departments on professional per-
sonnel management practices including performance
evaluations and employee relations.
(c) Support City Labor Negotiator and negotia-
tions advisory team.
(d) Conduct employee training and counseling.
(e) Administer employee benefit programs.
(f) Maintain personnel records.
(g) Perform salary surveys.
(h) Serve as liaison between the administration
and Civil Service Commission.
(i) Coordinate temporary placements in support of
the City Workers Compensation Program.
(j) Request background checks for all new hires.
The Human Resources 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.
4983 §1 (part), 2006: Ord. 4982 §1, 2006: Ord. 4966 §5
(part), 2006)
2.09.070 OFFICE OF RISK MANAGEMENT
AND SAFETY.
The division shall be managed by the Risk Man-
ager. It shall be the duty of the Risk Manager to carry out
the provisions of Chapter 2.92 BMC. The Risk Manager
shall perform such other duties as the Mayor and the
Director of Financial Service may direct or as may be
required by law. (Ord. 4983 §1 (part), 2006: Ord. 4966
§5 (part), 2006)
2.09.080 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.
4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord.
4900 §2, 2004. Formerly 2.09.060)
2.14-1 (Revised 1/08)
Chapter 2.14
INVESTMENT COMMITTEE
Sections:
2.14.010 INVESTMENT COMMITTEE
AUTHORITY.
2.14.020 MEETINGS.
2.14.030 FUND INVESTMENTS -
INTERFUND LOANS.
2.14.040 INVESTMENT POLICIES.
2.14.050 REPORTS.
2.14.010 INVESTMENT COMMITTEE
AUTHORITY.
As contemplated by RCW 35.39.032, there is cre-
ated an Investment Committee composed of the Finan-
cial Services Director, City Treasurer, and the City
Council Finance Committee or its successor committee
as determined by the City Council, which Committee is
authorized on behalf of the City to develop and recom-
mend policies regarding the investment of City funds
and monitor and oversee the investment of all monies in
the City Treasury which are in excess of current City
needs or which are contained in inactive funds. The
Committee may, in its discretion, include as a non-vot-
ing member of the Committee an individual chosen
from the public sector with appropriate technical exper-
tise. The City Treasurer is directed to implement the
Investment Committee’s decisions and to hold such
investments for the credit of the funds for which pur-
chased.
The City Treasurer is authorized to convert the
securities, or any part thereof, into cash. (S)he shall pro-
vide reports to the Finance Committee, monthly, of all
investment transactions and shall be subject to the guid-
ance and control of the Committee.
The City Attorney, or an Assistant City Attorney,
shall be the legal advisor to the Committee. (Ord. 5024
§1 (part), 2007: Ord. 4928 §2, 2005; Ord. 4120 §1 1987;
Ord. 3955 §1, 1985)
2.14.020 MEETINGS.
The chairperson of the Finance Committee shall
also serve as the Investment Committee chairperson.
The Investment Committee shall meet as a regular por-
tion of the Finance Committee. Any voting member
may call a special meeting by giving notice to all mem-
bers. (Ord. 5024 §1 (part), 2007: Ord. 3955 §2, 1985)
2.14.030 FUND INVESTMENTS -
INTERFUND LOANS.
The Investment Committee may, in its discretion:
(a) Determine which funds shall be invested on an
individual fund basis and which funds shall participate
within one (1) or more common investment portfolio(s);
(b) Apportion earnings and losses to those funds
participating in a common investment portfolio. Those
funds shall receive a return in proportion to the amount
of money earned by each, and the remainder shall be
allocated to the general fund, as authorized by state law;
(c) The Investment Committee shall submit to the
City Council a resolution establishing general criteria
and procedures for interfund loans which shall, at a min-
imum, include the criteria set forth in Part 3, Chapter 4,
§A of the BARS Manual;
(d) The City Treasurer shall make all interfund
loans in accordance with the resolution establishing
general interfund criteria and procedures and shall
obtain council approval prior to consummation of the
loan by resolution. (Ord. 5024 §1 (part), 2007: Ord.
4928 §3, 2005; Ord. 3955 §3, 1985)
2.14.040 INVESTMENT POLICIES.
(a) The City’s common investment portfolio(s)
shall be managed to further this financial objective: To
maximize the City’s return on investment dollars con-
sistent with sound investment principles;
(b) The Investment Committee shall only autho-
rize the types of investments set forth by state law and
which are in accord with the U.S. Internal Revenue
Code and other appropriate authorities. All investments
shall be made in accord with Article V, §25 of the
Bremerton City Charter;
(c) The Investment Committee shall develop such
policies and procedures as are necessary to facilitate the
investment process. (Ord. 5024 §1 (part), 2007: Ord.
3955 §4, 1985)
2.14.050 REPORTS.
(a) Annual. An estimate of annual investment
earnings for the ensuing fiscal year shall be prepared by
the Committee for adoption by the City Council as part
of the City’s annual budget. Any proposed revisions to
City investment policies which the committee shall find
advisable, including, but not limited to, apportionment
of interest by fund and for interfund loans will be sub-
mitted for adoption by the City Council by resolution.
An annual evaluation report, due at the conclusion of the
first quarter of the following year, shall also assess the
City’s performance in meeting its goals and compare its
performance with the results of investments by other
governmental entities in Washington.
(b) Monthly. After the end of each month, the
Financial Services Department shall make a monthly
report to the Mayor and City Council of the status of the
investment portfolio, which report shall describe any
(Revised 1/08)2.14-2
material change in the City’s portfolio and its invest-
ment practices. (Ord. 5024 §1 (part), 2007: Ord. 3955
§5, 1985)
2.30-1 (Revised 1/08)
Chapter 2.30
CIVIL SERVICE
Sections:
2.30.010 CIVIL SERVICE
COMMISSION.
2.30.020 EMPLOYEES INCLUDED IN
CIVIL SERVICE.
2.30.030 POSITION CREATED.
2.30.040 DUTIES OF THE CIVIL
SERVICE OFFICER.
2.30.010 CIVIL SERVICE COMMISSION.
There is created in Article VI (Sections 28 through
31) of the City Charter the City of Bremerton Civil Ser-
vice System. The creation of the Civil Service Commis-
sion is set forth in Section 28 and its rules and powers
are set forth in Section 29 of the Charter. (Ord. 5003 §3
(part), 2007)
2.30.020 EMPLOYEES INCLUDED IN CIVIL
SERVICE.
All full time paid employees of the Police Depart-
ment and the Fire Department are included in and cov-
ered by the City’s Civil Service System. As authorized
pursuant to Section 31 of the City Charter, all other
employees of the City are exempt from the City’s Civil
Service System. (Ord. 5003 §3 (part), 2007)
2.30.030 POSITION CREATED.
There is created, in Section 30 of the City Charter,
the position of Civil Service Officer. (Ord. 5003 §3
(part), 2007: Ord. 4177 §1, 1988. Formerly 2.30.010)
2.30.040 DUTIES OF THE CIVIL SERVICE
OFFICER.
The Civil Service Officer shall be responsible for
the following functions:
(a) Design and conduct employee selection proce-
dures for the Civil Service Commission.
(b) Maintain civil service records.
(c) Administer the City’s Equal Employment
Opportunity Plan for civil service employees.
(d) Provide for civil service employee classifica-
tion as required by the work force needs of the City.
(e) Coordinate hearings of appeals and other
requests for relief made to the Civil Service Commis-
sion.
(f) Conduct such investigations or perform such
other duties as may be directed by the Civil Service
Commission for the efficient administration of the Civil
Service System.
(g) Perform non-civil service duties as assigned.
(Ord. 5003 §3 (part), 2007: Ord. 4177 §1, 1988. For-
merly 2.30.020)
2.38-1 (Revised 1/08)
Chapter 2.38
LODGING TAX ADVISORY COMMITTEE*
Sections:
2.38.010 COMMITTEE CREATED -
MEMBERSHIP.
2.38.020 APPOINTMENT.
2.38.030 TERMS.
2.38.040 COMMITTEE DUTIES.
2.38.050 SUBMISSION OF PROPOSALS.
* Code reviser’s note: Ord. 5001 added this chapter as Chapter 2.36.
The chapter has been renumbered to avoid duplication of number-
ing.
2.38.010 COMMITTEE CREATED -
MEMBERSHIP.
There is hereby created the Lodging Tax Advisory
Committee ("Committee"). The Committee shall serve
in an advisory capacity to the Mayor and City Council.
The Committee shall consist of five (5) members as fol-
lows:
(a) Two (2) members appointed by the City Coun-
cil who are representatives of businesses required to col-
lect tax under Chapter 67.28 RCW;
(b) Two (2) members appointed by the City Coun-
cil who are persons involved in activities authorized to
be funded by revenue received under Chapter 67.28
RCW;
(c) One (1) member of the City Council who shall
serve as chair of the Committee. (Ord. 5001 §3 (part),
2007)
2.38.020 APPOINTMENT.
Pursuant to Section 32 of the City Charter and as
provided for in RCW 67.28.1817(1), appointments to
the Committee shall be made by the Mayor subject to
confirmation by the City Council, except the appointed
council member who shall be appointed by the Council
President. Pursuant to Section 32 of the City Charter, the
members identified in BMC 2.38.010(a) and (b) need
not be residents of the City; however, said members
should represent interests doing business in the City.
(Ord. 5001 §3 (part), 2007)
2.38.030 TERMS.
With the exception of the City Council member
serving on the Committee, who shall be appointed by
the City Council on an as-needed basis, all members
appointed pursuant to BMC 2.38.020 above shall serve
three (3) year terms. The initial appointment shall be
staggered with one (1) appointment serving a one (1)
year term, one (1) appointment serving a two (2) year
term, and two (2) appointments serving a three (3) year
term. Organizations representing businesses required to
collect tax under Chapter 67.28 RCW and organizations
involved in activities authorized to be funded by reve-
nue received under said tax as well as local agencies
involved in tourism and promotion may submit recom-
mendations for membership on the Committee to the
Mayor. (Ord. 5001 §3 (part), 2007)
2.38.040 COMMITTEE DUTIES.
The Committee shall review and make recommen-
dations to the Mayor and City Council as follows:
(a) The Committee shall review and make recom-
mendations to the Mayor and City Council on any
increases in the rate of tax imposed, repeal of any
exemption from a tax imposed or a change in the use of
revenue received, including allocation of City lodging
tax revenues, pursuant to RCW 67.28.1815.
(b) Any such proposal shall be submitted to the
Committee at least forty-five (45) days before final
action on or passage of the proposal by the City Council.
The Committee shall consider any such proposal, pro-
vide for public input, and submit comments in a timely
manner to the Mayor and City Council. The comments
shall include an analysis of the extent to which the pro-
posal will accommodate activities for tourists or
increase tourism, and the extent to which the proposal
will affect the long-term stability of the fund created
under RCW 67.28.1815. Failure of the Committee to
submit comments before final action on or passage of
the proposal shall not prevent the City Council from act-
ing on it. An amended proposal is not required to be sub-
mitted to the Committee under this section.
(c) The Committee may adopt, and amend from
time to time as deemed necessary, rules and procedures
for submittal, reviewing and processing of applications
consistent with this chapter. (Ord. 5001 §3 (part), 2007)
2.38.050 SUBMISSION OF PROPOSALS.
The following criteria must be met and included in
applications by all applicants and recipients for any use
or disbursements of the lodging tax funds, and any
reserve created with lodging tax funds:
(a) Applicants must provide information and doc-
uments as required in the application form, pursuant to
rules and procedures as may be established by the Com-
mittee and as otherwise requested by the Committee.
(b) Proposals shall be dated and submitted in writ-
ing on a form or in a format as required by the Commit-
tee. Proposals shall be submitted to the City Council
office by the date established by the Committee for sub-
mitting applications. (Ord. 5001 §3 (part), 2007)
2.74-1 (Revised 1/08)
Chapter 2.74
TRAVEL AUTHORIZATION AND EXPENSE
REIMBURSEMENT
Sections:
2.74.010 PURPOSE.
2.74.020 ADVANCE AUTHORIZATION
TO TRAVEL.
2.74.030 ELIGIBLE EXPENSES.
2.74.040 INELIGIBLE EXPENSES.
2.74.050 USE OF CREDIT CARDS.
2.74.060 DOCUMENTATION AND
REIMBURSEMENT.
2.74.070 RIGHT OF PRIOR LIEN.
2.74.080 ADMINISTRATION.
2.74.010 PURPOSE.
To authorize the reimbursement of expenses
incurred in connection with the performance of official
City business and the use of purchase/credit cards for
travel purposes, pursuant to Chapter 42.24 RCW, and to
direct the Mayor and Director of Financial Services to
implement administrative policies and procedures to
carry out the provisions of this chapter. (Ord. 5004 §1
(part), 2007)
2.74.020 ADVANCE AUTHORIZATION TO
TRAVEL.
Travel by City officials, employees, City Council,
and members of boards and commissions shall be spe-
cifically provided for as follows:
(a) Department heads shall approve all overnight
travel for employees of their department. The Mayor
shall approve overnight travel for all department heads.
All out-of-state travel for City employees must be
approved by the Mayor.
(b) Travel by the Mayor is self-approved. Travel
by members of the City Council shall be approved by
the Council President.
(c) Travel by members of boards and commissions
shall be approved by the Council President or Mayor.
(d) Requests must include the nature of the travel,
method of travel, costs to the City and the budgetary
authority. Use of e-mail is acceptable documentation.
(Ord. 5004 §1 (part), 2007)
2.74.030 ELIGIBLE EXPENSES.
Generally, eligible expenses include travel and liv-
ing costs incurred by the employee while away from the
City and expenses incurred within the City necessitated
by City business. In the Bremerton area, necessary
expenses will be reimbursed only for an employee rep-
resenting the City in his/her official capacity and in the
discharge of his/her duties. Eligible expenses and the
basis for payment or reimbursement will be as follows:
(a) Registration. Actual cost of registration of any
employee at a meeting, conference, or convention for
which he/she has received approval. Employees shall
attend all conferences, meetings, and training sessions
that are paid for at City expense.
(b) Transportation. Actual costs for bus travel,
train travel, taxi (including a customary gratuity), car
rentals, parking fees, and air travel are eligible. Employ-
ees using a personal vehicle to travel on City business
will be reimbursed at the mileage rate established by the
Internal Revenue Service. Payment shall not exceed
economy class airfare (government rate or Internet rate)
to and from the same destination for employees travel-
ing to out-of-town destinations on City business using a
personal vehicle.
(c) Lodging. Actual cost of hotel or motel accom-
modations is an eligible expense. If a family member or
guest accompanies the employee, the employee shall
pay for the amount over that of a single accommodation.
(d) Meals. Any employee traveling on City busi-
ness will be reimbursed for meals at the established fed-
eral per diem rate for the travel destination as
established by the U.S. General Services Administration
(www.gsa.gov).
(1) An individual shall be deemed on travel
status where the travel includes reimbursable lodging.
(i) An employee must be in travel status
for two (2) hours prior to the start of their normal work
time to receive a full day of per diem. Employees not in
a travel status two (2) hours prior to the start of their nor-
mal work day will receive seventy-five (75) percent of a
full day per diem.
(ii) If an employee returns from overnight
travel, to their duty station or home, more than two (2)
hours after the end of their normal work day, they will
receive a full day of per diem. If they return less than
two (2) hours after the end of their normal work day,
they will receive seventy-five (75) percent of a day’s per
diem.
(iii) Where conference registration or
training tuition fees include one (1) or more meals, the
City shall reimburse only those meals not covered by
such fees. If the employee elects not to participate in one
(1) or more optional meals offered by the conference,
the following percentages of per diem will be used:
Breakfast twenty (20) percent; lunch thirty (30) percent;
dinner fifty (50) percent.
(2) Reimbursement for meals incurred when
an employee is away from their duty station on official
City business, but not on a travel status, will be reim-
bursed with approval of the department Director using
the above percentages. Expenses for meals where City
business is conducted and that could reasonably occur
(Revised 1/08)2.74-2
during non-meal periods are not eligible for reimburse-
ment. Meals for City Council, Mayor and City staff con-
ducting formal City business during meal times are
specifically authorized.
(3) All per diem meals will be handled on a
reimbursement basis. Use of the City’s purchase/credit
card is not authorized for meal expenditures. Employees
that will be in a travel status and have received proper
authorization to travel may receive a travel advance up
to the maximum anticipated per diem for their trip. No
advance will be allowed if not in a travel status. Settle-
ment of advances shall be made within fifteen (15) days
of return from travel.
(e) Laundry Service. Actual cost of laundry ser-
vice is an allowable expense when employees are
required to be away from the City for more than six (6)
days at one (1) time or the conditions under which they
are required to work while away from the City create a
more than normal need for such services.
(f) Telephone. Charges for telephone are an
allowable expense if City business requires such com-
munication. Employees staying outside of the City of
Bremerton on business are allowed one personal call to
the employee’s home at City expense for each trip. Such
calls shall not exceed ten dollars ($10.00). Any personal
calls in excess of ten dollars ($10.00) are to be paid by
the employee. (Ord. 5004 §1 (part), 2007)
2.74.040 INELIGIBLE EXPENSES.
None of the following expenses shall be paid by the
City: Travel paid for by any other organization, alco-
holic beverages, valet services, meals or lodging accom-
modations for family or guest, tour bus fees for
sightseeing tours, mileage if traveling as a passenger in
a privately owned car, trip insurance, hosting, tips
unless otherwise authorized or any other personal
expenses for entertainment or other purposes. (Ord.
5004 §1 (part), 2007)
2.74.050 USE OF CREDIT CARDS.
Credit cards will be made available to officials and
employees for the purpose of covering all eligible travel
expenses except meals, which will be handled on a reim-
bursement basis. Employees shall be restricted from use
of their own personal credit cards, except in such cases
when the employee has not been issued or does not have
access to a City credit card. Disallowed charges or
charges not properly identified will be paid by the
employee before the charge card billing is due. (Ord.
5004 §1 (part), 2007)
2.74.060 DOCUMENTATION AND
REIMBURSEMENT.
A report of overnight travel will be documented and
submitted to the Financial Services Department on an
Employee Claim for Expenses form within fifteen (15)
days of return from travel. The Claim will contain a
complete report of all travel costs incurred through use
of a credit card or by reimbursement to the employee.
The Claim shall be submitted even if no reimbursable
expenses were incurred. Requests for reimbursement for
other eligible expenses shall be submitted on an
Employee Claim for Expenses no less than monthly.
(Ord. 5004 §1 (part), 2007)
2.74.070 RIGHT OF PRIOR LIEN.
Failure to pay any disallowed credit card charges or
settle any advances within the time frame prescribed
will render the employee personally liable for the unpaid
amount plus interest at the rate charged by the bank that
issued the credit/purchase card or ten (10) percent,
whichever is applicable. The City shall have a prior lien
against and a right to withhold any and all funds payable
or to become payable to the employee in the amount
due, plus interest. (Ord. 5004 §1 (part), 2007)
2.74.080 ADMINISTRATION.
The Mayor and Director of Financial Services are
directed to prepare administrative procedures necessary
to implement the provisions of this chapter. (Ord. 5004
§1 (part), 2007)
2.92-1 (Revised 1/08)
Chapter 2.92
OFFICE OF RISK MANAGEMENT AND SAFETY
Sections:
2.92.010 CREATED.
2.92.020 FUNCTIONS.
2.92.030 RESPONSIBILITY - SAFETY,
LOSS REDUCTION,
PREVENTION.
2.92.040 INSURANCE/SELF-
INSURANCE/POOLED
COVERAGE PROGRAMS.
2.92.050 CLAIMS MANAGEMENT -
SELF-INSURED WORKERS’
COMPENSATION CLAIMS.
2.92.055 CLAIMS MANAGEMENT
COMMITTEE.
2.92.060 CLAIMS MANAGEMENT -
NONLITIGATION CLAIMS.
2.92.070 CLAIMS MANAGEMENT -
LITIGATION CLAIMS.
2.92.075 CLAIMS NEGOTIATION,
DISCUSSION, AND
REPORTING.
2.92.080 RECOVERY OF LOSSES.
2.92.010 CREATED.
There is created the Office of Risk Management
and Safety within the Department of Financial Services.
The supervisor of said office shall be the Risk Manager,
who shall report directly to the Director of Financial
Services. (Ord. 4966 §6 (part), 2006: Ord. 4808,
Amended, 07/26/2002; Ord. 4556, Amended,
06/13/1996; Ord. 3394 §1, 1985)
2.92.020 FUNCTIONS.
The Office of Risk Management and Safety shall be
responsible for:
(a) Loss reduction or prevention where such
reduction or prevention is cost effective;
(b) Transfer of risks to other parties where feasible
through the purchase of insurance, and/or risk retention
through a system of self-insurance and/or participation
in programs providing pooled coverage, in whatever
combination is most responsible and cost effective;
(c) Coordination and handling of all claims,
including workers’ compensation claims;
(d) The maintenance of an effective employee
safety program within the City; and
(e) Writing interdepartmental rules as he or she
deems appropriate for the implementation and adminis-
tration of this chapter. (Ord. 4966 §6 (part), 2006: Ord.
4808, Amended, 07/26/2002; Ord. 4556, Amended,
06/13/1996; Ord. 3394 §2, 1985)
2.92.030 RESPONSIBILITY - SAFETY, LOSS
REDUCTION, PREVENTION.
(a) The Risk Manager shall be responsible for risk
identification, analysis and control. Under the direction
of the Risk Manager, the Safety Officer shall develop
and administer the City’s Safety Program and ensure
compliance with the program by making periodic
inspections of City facilities, work sites, and office
spaces in regards to employee safety. The Risk Manager
and the Safety Officer have full authority to immedi-
ately stop any ongoing work when prescribed safety pre-
cautions are not being adhered to, or if there are serious
concerns for safety until the matter is satisfactorily
resolved.
(b) The Safety Officer is not required to be
assigned to the Department of Financial Services. He or
she may be assigned to any other department within the
City. The duties of Safety Officer may also be assigned
to one or more persons, but when functioning in that
capacity, the Safety Officer will serve under the direc-
tion of the Risk Manager.
(c) The Safety Officer, through the Risk Manager,
may make written recommendations regarding
employee safety to the appropriate Department Head.
Should the Department Head disagree with the Safety
Officer, a written response shall be made to the Director
of Financial Services stating the reasons for the dis-
agreement. The Mayor shall make the final decision
regarding implementation of any disputed recommenda-
tion.
(d) The Safety Officer is responsible for ensuring
proper safety training is provided to all City employees
and for ensuring that required certifications for employ-
ees are kept current. He or she shall also become
actively involved in the ongoing training programs pro-
vided by Human Resources and other departments and
ensure that a portion of that training is on Safety Aware-
ness and Loss Prevention.
(e) The Risk Manager and Safety Officer are per-
manent members of the City’s Safety and Health Com-
mittee and shall monitor the Committee to ensure
compliance with all applicable WISHA directives, pro-
vide input, and offer advice and assistance in helping the
Committee to achieve its stated goals. The Safety
Officer shall maintain the file of minutes of each Com-
mittee meeting.
(f) The City Attorney shall advise and recommend
to all City Departments appropriate contractual clauses
providing for indemnity, hold harmless and insurance
provisions. The Risk Manager shall review all proposed
City contracts, permits and leases to ensure that all con-
tractual provisions relating to indemnity and hold harm-
less provisions adequately protect the City. (Ord. 4966
(Revised 1/08)2.92-2
§6 (part), 2006: Ord. 4808, Amended, 07/26/2002; Ord.
4556, Amended, 06/13/1996; Ord. 3994 §3, 1985)
2.92.040 INSURANCE/SELF-
INSURANCE/POOLED
COVERAGE PROGRAMS.
The Risk Manager is responsible for the design,
negotiation, procurement and administration of all
insured, self-insured and/or pooled coverage programs:
(a) The Risk Manager shall determine and recom-
mend the appropriate retention levels and amount of
reserves to be established;
(b) The Risk Manager shall negotiate with insur-
ance brokers for any type of insurance and may recom-
mend that the City engage the services of such brokers;
(c) The Risk Manager shall purchase, with the
approval of the Director of Financial Services and City
Council, all insurance policies, funded self-insurance
programs, pooled coverage and related services, and
shall administer the same. The Risk Manager is autho-
rized to bind property, casualty, and surety insurance
coverage without prior approval by City Council subject
to budget authority. Within sixty (60) days of binding
coverage, the Risk Manager shall advise City Council
that coverage was bound and seek City Council
approval for continuation of the bound coverage;
(d) The Risk Manager shall make an annual report
to the City Council regarding insurance coverage and
the level of retained risk, and such other reports as may
be required by the Council. (Ord. 5007 §1, 2007: Ord.
4966 §6 (part), 2006: Ord. 4808, Amended, 07/26/2002;
Ord. 4556, Amended, 06/13/1996; Ord. 3994 §4, 1985)
2.92.050 CLAIMS MANAGEMENT - SELF-
INSURED WORKERS’
COMPENSATION CLAIMS.
The Risk Manager, or designee, shall be responsi-
ble for the direction and monitoring of all workers’ com-
pensation claims to a fair and equitable conclusion.
(a) Every employee shall immediately complete
the appropriate report form when work-related injury or
illness occurs and promptly forward same to the desig-
nated supervisor, who is responsible for immediately
forwarding to the Risk Manager with any pertinent com-
ments. The Risk Manager shall complete the employer
section.
(b) The Risk Manager shall coordinate activity on
the claim with the claim’s administrator, who shall be a
certified workers’ compensation claims administrator as
required by law, including time loss, medical verifica-
tion, and instruction involving progress of the claim.
(c) The Risk Manager shall coordinate with the
City Attorney and the Human Resources Director for
retaining such outside expertise as necessary for the res-
olution of claims. These may include, but are not limited
to, doctors, rehabilitation specialists, and investigators.
The City Attorney’s Office may elect to represent the
City in all hearings and/or trials involving workers’
compensation claims, or shall appoint outside counsel
when appropriate.
(d) The Human Resources Director shall develop
appropriate return-to-work opportunities for injured
employees and, when feasible, will coordinate the
implementation of specific return-to-work plans with
the department heads involved. (Ord. 4966 §6 (part),
2006: Ord. 4808, Amended, 07/26/2002; Ord. 4556,
Amended, 06/13/1996; Ord. 4461 §4, 1994; Ord. 3994
§5, 1985)
2.92.055 CLAIMS MANAGEMENT
COMMITTEE.
To assist the Mayor, a Claims Management Com-
mittee comprised of the Mayor or designee, City Attor-
ney, Risk Manager, appropriate department head(s), and
the City’s contracted claims adjuster may convene as
needed as determined by the City Attorney. This com-
mittee will review large, litigated, or controversial lia-
bility and workers’ compensation claims against the
City. The committee’s review shall include:
(a) The possibilities for early settlement.
(b) Identification of defense and settlement strate-
gies.
(c) Identification of defense counsel.
(d) Estimation of reserve level necessary for
claims resolution.
(e) Discussion and clarification of loss control
responsibilities and policies. (Ord. 4966 §6 (part), 2006:
Ord. 4808, Amended, 07/26/2002; Ord. 4556,
Amended, 06/13/1996; Ord. 4461 §1, 1994; Ord. 3994
§5, 1985)
2.92.060 CLAIMS MANAGEMENT -
NONLITIGATION CLAIMS.
The Risk Manager or designee shall be responsible
for the successful conclusion of all nonlitigation claims
by or against the City.
(a) The City Clerk is hereby designated to receive
all claims. He/she shall forward to the Risk Manager all
nonlitigation claims naming the City and/or its officers
or employees, which claims allege that said officers or
employees, acting within the scope of their duties,
caused the claimant damages.
(b) All City departments, divisions and other City
agencies shall report immediately to the Risk Manager
the occurrence of any accident or incident which may
give rise to a claim by or against the City to ensure
prompt investigation of the incident.
(c) The Risk Manager shall initiate and/or coordi-
nate the investigation of all nonlitigation claims. The
Risk Manager may employ, subject to the Director of
Financial Services’ approval, the services of claims spe-
cialists. All investigation of nonlitigation claims and
2.92-3 (Revised 1/08)
potential claims shall be conducted as the agent of the
City Attorney, and protected by the attorney-client priv-
ilege and attorney work product rule.
(d) The Risk Manager shall have the authority to
deny or negotiate the settlement of any claim to an
amount not to exceed fourteen thousand nine hundred
ninety-nine dollars ($14,999) subject to the approval of
the Director of Financial Services.
(e) For all nonlitigation claims of fifteen thousand
dollars ($15,000) or more, the Risk Manager shall pro-
vide the Director of Financial Services with a recom-
mendation that the nonlitigation claim be accepted or
denied and the reasons therefor.
Upon request of the Director of Financial Services,
the Risk Manager shall coordinate additional investiga-
tion of the claim. The Mayor shall have the authority to
accept or deny the claim; provided, however, that claim
payments in excess of forty-nine thousand nine hundred
ninety-nine dollars ($49,999) shall be subject to
approval by the City Council.
(f) The Risk Manager shall maintain complete
histories of all nonlitigation claims reported to the
Office of Risk Management and Safety, and investiga-
tion thereof sufficient to document at least a five (5) year
claims history. (Ord. 4966 §6 (part), 2006: Ord. 4808,
Amended, 07/26/2002; Ord. 4556, Amended,
06/13/1996; Ord. 3994 §6, 1985)
2.92.070 CLAIMS MANAGEMENT -
LITIGATION CLAIMS.
(a) Service of process on the Mayor, Mayor’s des-
ignee or City Clerk shall constitute service on the City.
No other City official or employee may accept service
of a summons and/or complaint unless such official or
employee is specifically named in the lawsuit.
(b) The Mayor, Mayor’s designee or City Clerk or
defendant employee, upon accepting service of the sum-
mons and/or complaint, shall deliver copies to the Risk
Manager and City Attorney.
(c) The Risk Manager shall transmit copies of the
lawsuit to the affected department and/or individual
and, where appropriate, to the insurance company, pool
or representative. The Risk Manager shall advise the
City Attorney of the insured status of the lawsuit.
(d) The Risk Manager shall initiate and/or coordi-
nate the investigation of all lawsuits which may be
insured against involving the City and/or its offi-
cials/employees. The Risk Manager may employ, sub-
ject to City Attorney’s approval, the services of claims
specialists. All investigation of lawsuits shall be con-
ducted as the agent of the City Attorney, and protected
by the attorney-client privilege and attorney work prod-
uct rule.
(e) Upon completion of the investigation, or at any
time requested by the City Attorney, the Risk Manager
shall forward the investigative file to the City Attorney.
Upon request of the City Attorney, the Risk Manager
shall coordinate additional investigation of the lawsuit.
(f) The City Attorney shall have the authority to
authorize settlements up to fourteen thousand nine hun-
dred ninety-nine dollars ($14,999).
(g) For all litigated claims of fifteen thousand dol-
lars ($15,000) or more, the City Attorney shall provide
the Mayor with a recommendation that the litigated
claim by accepted or denied and the reasons therefor.
The Mayor shall have the authority to accept or
deny the claim; provided, however, that settlement pay-
ments in excess of forty-nine thousand nine hundred
ninety-nine dollars ($49,999) shall be subject to
approval by the City Council.
(h) The City Attorney shall maintain complete his-
tories of all lawsuits sufficient to document at least a
five (5) year history of same. (Ord. 4966 §6 (part), 2006:
Ord. 4808, Amended, 07/26/2002; Ord. 4556,
Amended, 06/13/1996; Ord. 3994 §7, 1985)
2.92.075 CLAIMS NEGOTIATION,
DISCUSSION, AND REPORTING.
(a) Except as specifically directed by the Risk
Manager, Mayor or City Attorney, no City department,
division, or other City agency, and no City official or
employee, acting individually or collectively, may
engage in the following acts:
(1) Negotiate or otherwise effect the settle-
ment of a claim or lawsuit involving the City;
(2) Discuss with persons other than the Risk
Manager, Director of Financial Services, Mayor, City
Attorney, or persons authorized by the Risk Manager,
Mayor or City Attorney, incidents which could reason-
ably lead to a claim or lawsuit against the City; pro-
vided, however, that the employee may discuss the
incident with his/her supervisor.
(b) Prior to any formal settlement offer, the Risk
Manager shall be advised, in writing, of all proposed
settlements of claims and lawsuits against the City. The
Risk Manager shall seek approval of its insurers, in con-
formance with the provisions of any insurance policies
applicable to the claim or lawsuit. In the event the
insurer does not provide necessary settlement approval,
no settlement shall be made without the Mayor’s written
approval and acknowledgment that the City’s insurers
have withheld approval.
(c) The Risk Manager shall annually report to the
council the total number and amount of all claims filed
against the City and the number and amounts of all
claims or lawsuits paid by the City during the preceding
calendar year. (Ord. 4966 §6 (part), 2006: Ord. 4808,
Amended, 07/26/2002; Ord. 4556, Added, 06/13/1996)
(Revised 1/08)2.92-4
2.92.080 RECOVERY OF LOSSES.
(a) Action for Recovery. The Risk Manager and
City Attorney shall be responsible for bringing all
actions, including claims and lawsuits, for recovery of
losses to the City arising out of the acts of others. Such
losses may include property damage or losses which
impact on the City as a result of personal injuries to City
officers or employees. In addition, the City Attorney
may join the City as a party with any third party in a law-
suit involving recovery of loss to the City.
(b) Allocation of Recoveries. Any moneys recov-
ered (excluding costs of recovery) by the Risk Manager
or City Attorney on account of losses to the City shall be
paid to the budget unit or department which has
expended funds and/or materials as a result of the loss.
Any moneys in excess of those so expended shall be
transferred to the risk management fund. (Ord. 4966 §6
(part), 2006: Ord. 4808, Amended, 07/26/2002; Ord.
4556, Amended, 06/13/1996; Ord. 3994 §8, 1985)
(Revised 1/08)
Title 3
REVENUE AND FINANCE
Chapters:
3.01 RATES AND FEES
3.02 BUDGET STRUCTURE AND POLICY
3.04 LOCAL IMPROVEMENT GUARANTY FUND
3.06 PUBLIC ACCESS TELEVISION FUND
3.08 CLAIMS FUND
3.12 ONE PERCENT FOR ARTS FUND
3.24 ARTERIAL STREET FUND
3.25 PARK DEVELOPMENT FUND
3.26 GIFT AND DONATION FUND
3.28 ADMINISTRATIVE TRUST FUND
3.30 RISK MANAGEMENT FUND
3.36 CONTINGENCY RESERVE FUND
3.40 CURRENT WATER FUND
3.42 STORMWATER OPERATING FUND
3.44 ADMISSIONS TAX
3.46 SALES OR USE TAX
3.48 BUSINESS AND OCCUPATION TAXES
3.50 UTILITY TAXES
3.52 MOTOR VEHICLE EXCISE TAX
3.56 FISCAL AND CREMATION AGENT
3.64 LODGING TAX FUND
3.65 REPAIR AND DEMOLITION FUND
3.68 EQUIPMENT RENTAL RESERVE FUND
3.72 GAMBLING TAX
3.74 AMUSEMENT DEVICES
3.76 MOTOR VEHICLE INTOXICATION FUND
3.78 MULTIFAMILY PROPERTY TAX EXEMPTION
3.80 LEASEHOLD EXCISE TAX
3.82 COMMERCIAL PARKING TAX
3.84 EXCISE TAX ON REAL ESTATE SALES
3.86 ADMINISTRATIVE PROVISIONS FOR TAXES
3.88 WASTEWATER OPERATING FUND
3.96 DEFERRED COMPENSATION FUND
3.99 PENDERGAST REGIONAL PARK
CONSTRUCTION FUND
3.01-1 (Revised 1/08)
Chapter 3.01
RATES AND FEES
Sections:
3.01.010 INCORPORATION OF RATE
TABLES.
3.01.020 FINANCIAL SERVICES - RATE
TABLE A.
3.01.030 MUNICIPAL COURT - RATE
TABLE B.
3.01.040 COMMUNITY DEVELOPMENT
- RATE TABLE C.
3.01.050 POLICE DEPARTMENT - RATE
TABLE D.
3.01.060 FIRE DEPARTMENT - RATE
TABLE E.
3.01.070 PARKS AND RECREATION
DEPARTMENT - RATE TABLE
F.
3.01.080 PUBLIC WORKS AND
UTILITIES - RATE TABLE G.
3.01.100 NONRESIDENTIAL USE OF
CITY SERVICES.
3.01.010 INCORPORATION OF RATE
TABLES.
The following Rate Tables A through G attached to
the ordinance codified in this chapter are incorporated
herein by this reference and hereby adopted.
Where the City has adopted State codes pursuant to
Chapters 17.04 and 18.02 BMC, State rates listed for the
Uniform Building, Plumbing, Mechanical and Fire
Codes are adopted as City rates as listed in Tables C and
E and are subject to uniform rate changes made by the
State. (Ord. 4880 §1 (in part), 2003; Ord. 4730, Reaf-
firmed, 11/30/2000; Ord. 4677, Added, 12/11/1999)
3.01.020 FINANCIAL SERVICES - RATE
TABLE A.
Regulatory License Fees
Business License Fees
Parking Fees
Utility/Lien Search Fees
Document Reproduction Fees
Check Handling Fee
(Ord. 5031 §2 (part) (Exh. A), 2007; Ord. 4964 §2 (Exh.
A), 2006; Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord.
4869 §1, 2003; Ord. 4859 Exh. A, 2003; Ord. 4835,
Amended, 12/20/2002; Ord. 4807, Amended,
06/28/2002; Ord. 4803, Amended, 05/03/2002; Ord.
4730, Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.030 MUNICIPAL COURT - RATE
TABLE B.
Hearing Examiner Appeal
Parking Fines
(Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4865
Exh. A, 2003; Ord. 4835, Amended, 12/20/2002; Ord.
4730, Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.040 COMMUNITY DEVELOPMENT -
RATE TABLE C.
Subdivisions
Shoreline Master Program
State Environmental Policy Act (SEPA)
Appeal to Hearing Examiner
Abatements
Building Permit Fees
Plan Review Fees
Mechanical Permit Fees
Plumbing Permit Fees
Grading Permit and Plan Review Fees
Zoning Ordinance
Comprehensive Plan
Site Plan Review
Site Development Permit
Miscellaneous Fees
(Ord. 5015 §9 (Exh. A), 2007; Ord. 4980 §3 (Exh. B),
2006; Ord. 4970 §5, 2006; Ord. 4968 §2 (Exh. A), 2006;
Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4908 §1, 2004;
Ord. 4906 §3, 2004; Ord. 4880 §§1 (in part), 2 (in part),
2003; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677,
Added, 12/11/1999)
3.01.050 POLICE DEPARTMENT - RATE
TABLE D.
Traffic Accident Reports
Fingerprints
Criminal History Check
Verification Letter for Lost or Stolen Property
Photo Prints
Licenses for Dogs and Cats
Alarm Compliance Fee
Service Fee for Anti-Harassment Order
Service of Arrest Warrants and Subpoenas
(Ord. 4955 §1 (part) (Exh. A), 2005; Ord. 4880 §§1 (in
part), 2 (in part), 2003; Ord. 4810, Amended,
09/14/2002; Ord. 4807, Amended, 06/28/2002; Ord.
4730, Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.060 FIRE DEPARTMENT - RATE
TABLE E.
Regulatory License Fees
Ambulance Transport Fee
(Revised 1/08)3.01-2
EMS Service Call to Assisted Living, Long-Term
Care and Adult Care Facilities
Fire Rescue Boat Response
Hazard Materials Response
Stand-By Time
Active Firefighting
False Alarm Fee
Sprinkler/Fire Alarm Plans
Fire Watch
(Ord. 5031 §§1, 2 (part) (Exh. A), 2007: Ord. 4989 §1
(part) (Exh. A), 2006; Ord. 4955 §1 (part) (Exh. A),
2005; Ord. 4919 §1, 2004; Ord. 4880 §§1 (in part), 2 (in
part), 2003; Ord. 4835, Amended, 12/20/2002; Ord.
4730, Reaffirmed, 11/30/2000; Ord. 4677, Added,
12/11/1999)
3.01.070 PARKS AND RECREATION
DEPARTMENT - RATE TABLE F.
Facility Use Rental Rates
Sheridan Community Center - Room Rental Rates
Bremerton Senior Citizens Center - Room Rental
Rates
Jarstad Aquatic Center
Park Shelters - Reservation Fees
Park Reservation Fees
Special Events, Celebrations, Weddings
Athletic Field - Reservations
Blueberry Park - Pea Patch Annual Rate
Lions Tennis Court Lights
Program Fees and Charges
New Programs
Glenn Jarstad Aquatic Center
Athletic Programs Fees
Senior Citizens Center and Recreation Division
Programs
Ivy Green Cemetery - Fees and Charges
Gold Mountain Golf Complex
(Ord. 5031 §2 (part) (Exh. A), 2007; Ord. 4989 §1 (part)
(Exh. A), 2006; Ord. 4955 §1 (part) (Exh. A), 2005;
Ord. 4919 §1, 2004; Ord. 4880 §§1 (in part), 2 (in part),
3 (in part), 2003; Ord. 4835, Amended, 12/20/2002;
Ord. 4803, Amended, 05/03/2002; Ord. 4730,
Reaffirmed, 11/30/2000; Ord. 4728, Reaffirmed,
11/30/2000; Ord. 4677, Added, 12/11/1999; Ord. 4674,
Amended, 11/30/1999)
3.01.080 PUBLIC WORKS AND UTILITIES -
RATE TABLE G.
Right-of-Way Use Permits Fees
Right-of-Way Vacation
Telecom Master Permit Fee
Telecom License Fee
(Ord. 5031 §2 (part) (Exh. A), 2007; Ord. 4989 §1 (part)
(Exh. A), 2006; Ord. 4955 §1 (part) (Exh. A), 2005;
Ord. 4880 §§1 (in part), 2 (in part), 2003; Ord. 4835,
Amended, 12/20/2002; Ord. 4730, Reaffirmed,
11/30/2000; Ord. 4677, Added, 12/11/1999)
3.01.100 NONRESIDENTIAL USE OF CITY
SERVICES.
Non-City residents shall pay the rates shown on
Rate Table F multiplied by one hundred twenty (120)
percent with the exception of daily admission fees and
merchandise for sale. (Ord. 4880 §1 (part), 2003; Ord.
4731, Reaffirmed, 11/30/2000; Ord. 4678, Added,
12/11/1999)
3.01-A1 (Revised 1/08)
FINANCIAL SERVICES – RATE TABLE A
All Rates Listed Are “Not To Exceed” Fees
RATE
A. FINANCIAL SERVICES
1. REGULATORY LICENSE FEES
BMC 5.17 Charitable Solicitation:
Nonprofit $25.00/60 days
Professional Fundraiser $675.00/60 days
BMC 5.22 Dance/Public $265.00/yr or
$70.00/30 days
BMC 5.96 Erotic Dance Studios $700.00/yr
Dancers $100.00/yr
BMC 10.24 Housemoving/Oversize Loads $600.00 + $65.00/mile to
0.10 of a mile
BMC 5.16 Mobile Food Vendor $150.00/veh/yr
BMC 5.16 Peddlers $75.00/yr or
$25.00/30 days
BMC 5.04 Petshops $150.00/yr
Grooming Parlors $50.00/yr
Animal Welfare Facilities $50.00/yr
BMC 5.36 Special Events:
Profit $675.00/event
Nonprofit $70.00/event
BMC 5.20 Street/Sidewalk Vendors $250.00/yr
BMC 5.16 Temporary Merchant $400.00/30 days
2. BUSINESS LICENSE FEE
BMC 5.02 $65.00/yr
3. PARKING
On-Street Locations Not to Exceed
$20.00/3 hrs
$30.00/10 hrs
Off-Street Locations Not to Exceed
$20.00/3 hrs
$30.00/10 hrs
Parking Garage Not to Exceed
$140.00/mo
4. UTILITY/LIEN SEARCH FEES
Per Parcel $30.00/search per parcel
5. DOCUMENT REPRODUCTION FEES
Per Page – 8 1/2" by 11", 8 1/2" by 14", and 11" by 17" paper
sizes (No fee for first 50 pages) $0.15/pg
Audio or Video Tapes $10.00
Computer Disks $10.00
Certification $3.50
(Revised 1/08)3.01-A2
Oversized Plans, Aerial Photos, Drawings, and Maps (Black
and White) $8.00/pg
Color GIS Plotted Maps $5.00/sq ft
Other Documents:
Medical Records
Fees shall be pursuant
to RCW 70.02.010(12)
Budget
Hard Copy $50.00
Electronic Version $10.00
Annual Report
Hard Copy $25.00
Electronic Version $10.00
In addition to the above fees, each department may establish fees for records that do not
fall into one of the above categories. Each department and the City Clerk shall have the
department’s fee schedule available for inspection upon request.
6. CHECK HANDLING FEE $40.00
FINANCIAL SERVICES – RATE TABLE A
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-C3 (Revised 1/08)
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
EXHIBIT 1
BUILDING AND OTHER PERMIT FEES
TOTAL VALUATION FEE
$1.00 to $500.00 $24.00
$501.00 to $2,000.00 $24.00 for the first $500.00 plus $3.00 for each additional $100.00, or fraction
thereof, to and including $2,000.00
$2,001.00 to $40,000.00 $69.00 for the first $2,000.00 plus $11.00 for each additional $1,000.00, or
fraction thereof, to and including $40,000.00
$40,001.00 to $100,000.00 $487.00 for the first $40,000.00 plus $9.00 for each additional $1,000.00, or
fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00 $1,027.00 for the first $100,000.00 plus $7.00 for each additional $1,000.00, or
fraction thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00 $3,827.00 for the first $500,000.00 plus $5.00 for each additional $1,000.00, or
fraction thereof, to and including $1,000,000.00
$1,000,001.00 to $5,000,000.00 $6,327.00 for the first $1,000,000.00 plus $3.00 for each additional $1,000.00,
or fraction thereof, to include $5,000,000.00
$5,000,001.00 and over $18,327.00 for the first $5,000,000.00 plus $1.00 for each additional $1,000.00
or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours.....................................................................................$47.00 per hour1
(minimum charge - two (2) hours)
2. Reinspection fees assessed under provisions of this chapter shall be as follows
(per inspection): ...................................................................................................................................$49.50 per hour1
3. Inspections for which no fee is specifically indicated...........................................................................$47.00 per hour1
(minimum charge - one-half hour)
4. Additional plan review required by changes, additions or revisions to plans.......................................$47.00 per hour1
(minimum charge - one-half hour)
5. For use of outside consultants for plan checking and inspections, or both...............................................Actual Costs2
6. Mobile home setup fees
Double wide .......................................................................................................................................................$150.00
Triple wide..........................................................................................................................................................$200.00
7. Moved Building Permit Fee (not including other required permits) ....................................................................$100.00
8. Energy Code Plan Review Surcharge for New Single-Family Residences..........................................................$50.00
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly
wages and fringe benefits of the employees involved.
2Actual costs include administrative and overhead costs.
(Revised 1/08)3.01-C4
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed Are “Not To Exceed” Fees
EXHIBIT 2
MECHANICAL PERMIT FEES
Permit Issuance and Heaters
1. For the issuance of each mechanical permit $23.50
2. For issuing each supplemental permit for which the original permit has not
expired, been canceled or finaled $7.25
Unit Fee Schedule (Note: The following do not include permit-issuing fee)
1. Furnaces
For the installation or relocation of each forced-air or gravity-type furnace or
burner, including ducts and vents attached to such appliance, up to and
including 100,000 Btu/h (29.3 kW) $14.80
For the installation or relocation of each forced-air or gravity-type furnace or
burner, including ducts and vents attached to such appliance over 100,000
Btu/h (29.3 kW)$18.20
For the installation or relocation of each floor furnace, including vent $14.80
For the installation or relocation of each suspended heater, recessed wall
heater or floor-mounted unit heater $14.80
2. Appliance Vents
For the installation, relocation or replacement of each appliance vent installed
and not included in an appliance permit $7.25
3. Repairs or Additions
For the repair of, alteration of, or addition to each heating appliance,
refrigeration unit, cooling unit, absorption unit, or each heating, cooling,
absorption or evaporative cooling system, including installation of controls
regulated by the Mechanical Code $13.70
4. Boilers, Compressors and Absorption Systems
For the installation or relocation of each boiler or compressor to and including
three horsepower (10.6 kW), or each absorption system to and including
100,000 Btu/h (29.3 kW) $14.70
For the installation or relocation of each boiler or compressor over three
horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each
absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000
Btu/h (146.6 kW)$27.15
For the installation or relocation of each boiler or compressor over 15
horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each
absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000
Btu/h (293.1 kW)$37.20
For the installation or relocation of each boiler or compressor over 30
horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each
absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000
Btu/h (512.9 kW)$55.45
For the installation or relocation of each boiler or compressor over 50
horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9
kW)$92.65
3.01-E1 (Revised 1/08)
FIRE DEPARTMENT – RATE TABLE E
All Rates Listed Are “Not To Exceed” Fees
RATE
E. FIRE DEPARTMENT
1. REGULATORY LICENSE FEES
BMC 9.48 Fireworks Stands $100.00/stand/year
BMC 18.06 Ambulance Services
Ambulance Inspections $60.00/vehicle
2. AMBULANCE TRANSPORT FEE
ALS Residents $450.00
ALS Nonresidents $550.00
BLS Residents $375.00
BLS Nonresidents $450.00
Mileage $9.00/mile
3. EMS SERVICE CALL TO ASSISTED LIVING, LONG-TERM CARE
AND ADULT CARE FACILITIES
$100.00 after first response per
quarter
4. FIRE RESCUE BOAT RESPONSE
Resident $115.00
Nonresidents $200.00
5. HAZARD MATERIALS RESPONSE
Rice Hull Ash Actual Cost per Bag
Absorbent Pads Actual Cost per Bag
6. STAND-BY TIME
Per Crew of 3 $98.00/hour
Fire Engine - Crew of 4 $115.00/hour
7. ACTIVE FIREFIGHTING
Fire Engine $123.00/hour
Aerial Ladder $205.00/hour
8. FALSE ALARM FEE $120.00 for second
$225.00 for 3 or more
9. SPRINKLER/FIRE ALARM PLANS UBC or IFC Rates*
*Uniform Building Code or International Fire Code
10. FIRE WATCH $40.00/hour
3.01-F1 (Revised 1/08)
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
F. PARKS AND RECREATION DEPARTMENT
NONRESIDENT FEE - BASE FEE PLUS 20%
1. FACILITY USE RENTAL RATES
Facility use policies apply
Appropriate taxes are included in rates unless otherwise noted
(a) SHERIDAN COMMUNITY CENTER - ROOM RENTAL RATES
(Group A) NONCOMMERCIAL - Rental Rates
Recreation and/or educational purposes only
Per hour, 2-hour minimum
Daytime (Monday - Friday: 8:00 a.m. to 5:00 p.m.)
Lounge $7.65
Room A, B, C, or Conference Room $5.50
Gym $16.50
Evenings (Monday - Thursday: 5:00 p.m. to 10:00 p.m.)
Lounge $16.50
Room A, B, C $11.00
Conference Room $13.00
Gym $21.75
Room Package (Lounge & Gym) $32.75
Entire Building - Up to 8 hours $546.00
Additional Staff (per hour) $16.40
Regular Groups (10 or more meetings a year reserved in advance) 20% discount
Friday Evening (5:00 p.m. to 10:00 p.m.) & Saturday and Sunday
Lounge $22.00
Room A, B, C $11.00
Conference Room $13.00
Gym $27.25
Room Package (Lounge & Gym) $43.75
Entire Building - Up to 8 hours $546.00
Additional Staff (per hour) $16.40
(Revised 1/08)3.01-F2
(Group B) COMMERCIAL - Rental Rates
Recreational and/or educational purposes only
Per hour, 2-hour minimum
Lounge $27.25
Room A, B, C $21.75
Conference Room $21.75
Gym $43.75
Room Package (Lounge & Gym) $76.50
Entire Building - Up to 8 hours $873.00
Additional Staff (per hour) $16.40
(b) BREMERTON SENIOR CITIZENS CENTER - ROOM RENTAL RATES
(Group A) NONCOMMERCIAL - Rental Rates
Room Rental Fees - Per hour, 2-hour minimum
Cardroom/Meeting Room $16.00
Main Room $32.00
Kitchen $11.00
Additional Staffing (per hour) $12.00
Entire Facility - Up to 8 hours $215.00
(Group B) COMMERCIAL - Rental Rates
Room Rental Fees - Per hour, 2-hour minimum
Cardroom/Meeting Room $32.00
Main Room $64.00
Kitchen $22.00
Additional Staffing (per hour) $18.00
Entire Facility - Up to 8 hours $425.00
(c) JARSTAD AQUATIC CENTER
(Group A) NONCOMMERCIAL - Rental Rates
Private - Nonprofit
Up to 50 Participants Per hour $68.00
Staffing Each added hour $15.00
51 - 100 Per hour $80.00
101 - 150+ Per hour $90.00
Gallery $7.50
Team
Deep Lanes Per hour per lane $3.50
Shallow Lanes Per hour per lane $2.45
Staffing Per hour as needed $15.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-F3 (Revised 1/08)
School Lessons
Up to 35 Students $60.00
36 - 45 Students $72.00
46 - 55 Students $84.00
(Group B) COMMERCIAL - Rental Rates
Commercial Per hour $71.75
Deep Lanes Per hour per lane $7.20
Shallow Lanes Per hour per lane $4.75
Staffing Per hour as needed $15.00
(d) PARK SHELTERS - RESERVATION FEES
Four-hour sessions per reservation unless noted.
Note - Shelter 4 is not reservable. Use of shelter 4 is on a first-come/first-served basis.
Parties who have reserved the other Evergreen Park shelters may not use shelter 4 at
the same time.
(Group A) NONCOMMERCIAL - Rental Rates
Evergreen Shelter 1 $54.50
Evergreen Shelter 2, 3, 5, or 6 $27.25
Evergreen Shelter 4 (not reservable) no charge
Evergreen Ampitheatre with Amplified Sound $104.00
Lions Park Shelter $38.25
Upper NAD $21.75
Lent Landing Gazebo $27.25
(Group B) COMMERCIAL - Rental Rates
Evergreen Shelter 1 $82.00
Evergreen Shelter 2, 3, 5, or 6 $43.75
Evergreen Shelter 4 (not reservable) no charge
Evergreen Ampitheatre with Amplified Sound $156.00
Lions Park Shelter $54.50
Upper NAD $32.75
Lent Landing Gazebo $43.75
(e) PARK RESERVATION FEES
Parks without shelters or miscellaneous park areas $27.25
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
(Revised 1/08)3.01-F4
(f) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS
Louis Mentor Boardwalk $218.50
Other parks
Reservation fee +
$100.00
(g) ATHLETIC FIELD - RESERVATIONS
Per hour unless noted
(Group A) NONCOMMERCIAL - Rental Rates $16.50
(Group B) COMMERCIAL - Rental Rates $32.75
Game Fee - Softball $27.25
Game Fee - Soccer $42.00
(h) BLUEBERRY PARK - PEA PATCH ANNUAL RATE
Recreational purposes only
1/2 plot (20 ft. by 20 ft.) $19.75
1 plot (20 ft. by 40 ft.) $39.50
1+ lot (20 ft. by 50 ft.) $59.25
(i) LIONS TENNIS COURT LIGHTS
1 token (1 hour)$1.50
6 tokens (6 hours)$7.50
2. PROGRAM FEES & CHARGES
(a) NEW PROGRAMS
See Section 3,
subsection (a) of
this table
(b) GLENN JARSTAD AQUATIC CENTER
ADMISSIONS
Youth (0 - 3 yrs.)no charge
Youth (4 - 17 yrs.)$2.75
Adult (18 - 54 yrs.)$3.25
Seniors (55 yrs. & up)$2.75
Disabled $2.75
Adult Fitness $3.25
Senior Fitness $2.75
Disabled Fitness $2.75
Special Public $1.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-F5 (Revised 1/08)
PUNCH CARDS
Youth 10 punch $22.00
Youth 20 punch $44.00
Adult 10 punch $26.00
Adult 20 punch $52.00
Senior/Disabled 10 punch $22.00
Senior/Disabled 20 punch $44.00
Fitness/Lesson 10 punch $26.00
Fitness/Lesson 20 punch $52.00
Senior/Disabled Fitness 10 punch $22.00
Senior/Disabled Fitness 20 punch $44.00
PASSES
Youth 6 months $118.00
Youth 12 months $230.00
Adult 6 months $140.00
Adult 12 months $272.00
Senior/Disabled 6 months $118.00
Senior/Disabled 12 months $230.00
SWIMMING LESSONS
Youth 30 minutes $3.75
Adult 30 minutes $4.00
Private 30 minutes $14.00
Semi-Private 30 minutes $22.00
Parent Tot $3.25
Family Lessons 30 minutes, family of 4 $70.00
ITEMS FOR SALE
Basic Goggles $6.00
Deluxe Goggles $14.00
Latex Cap $4.00
Ear Plug $3.00
Nose Plug $3.00
New Items
(includes Washington State Sales Tax)
Not to exceed
cost plus 75%
(c) ATHLETIC PROGRAM FEES
VOLLEYBALL
Co-ed (Fall & Winter) per team $250.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
(Revised 1/08)3.01-F6
Men and Women (Spring) per team $250.00
Open Gym (Oct. - June) per person $3.00
SOCCER
Player’s Fee per player $42.00
BASKETBALL
Men’s League (Fall & Winter) per team $490.00
Boy’s League (Winter) per team $275.00
SOFTBALL
Men’s League (Spring) per team $550.00
Men’s League - Player’s Fee (Spring) per player $20.00
Sunday Co-ed (Spring) per team $400.00
Sunday Co-ed - Player’s Fee (Spring) per player $15.00
Co-ed League (Fall) per team $460.00
Co-ed - Player’s Fee (Fall) per player $15.00
Men’s League (Fall) per team $426.00
Men’s League - Player’s Fee (Fall) per player $15.00
TOURNAMENTS (SOFTBALL AND SOCCER)
- INVITATIONAL TOURNAMENTS
Lions - One Day $320.00
Lions - Two Days $500.00
Lions - Three Days $700.00
Pendergast - One Day $390.00
Pendergast - Two Days $685.00
Pendergast - Three Days $800.00
- STATE TOURNAMENTS
Lions - One Day $470.00
Lions - Two Days $700.00
Lions - Three Days $800.00
Pendergast - One Day $590.00
Pendergast - Two Days $780.00
Pendergast - Three Days $950.00
- Regional and National Tournaments will pay no less than State fees, but rates will be
negotiated
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-F7 (Revised 1/08)
3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS
(a) PROGRAM FEE FORMULAS. Except for the Senior Citizens’ Trip Program, participant
fees for activities (programs, classes, events, etc.) promoted by the Senior Citizen
Center and the Recreation Division are established by the following formulas:
A. Activities When the Instructor Is on the Payroll.
[(Total class hours including preparation) x (Instructor’s hourly wage) x (1.5
Administration factor)] divided by (minimum # of students per activity) + (the cost of
group supplies divided by minimum # of students) + Cost of individual class supplies, if
applicable = Student class fee for City of Bremerton Resident.
B. Activities When the Instructor Is on Contract.
[(Price per student required by the Instructor less class supply fees) x (1.5
Administration factor)] + Class supply fees = Student class fee for City of Bremerton
Resident.
C. Nonresident Fees.
For recreation classes, programs, swim passes and rentals - ranging from:
$5.00 to $25.00 add on 20%
$25.01 to $50.00 add a flat $5.00
$50.01 to $100.00 add a flat $10.00
$100.01 to $200.00 add a flat $20.00
$200.01+ add a flat $40.00
(b) SENIOR CENTER ACTIVITIES
Participants pay an annual membership fee resident or nonresident in lieu of the 20%
nonresident rate
Couples Membership is for two people, at least one needs to be 55 or better, who
reside at the same address.
Community Members Memberships are for senior living facilities who are interested
in purchasing a group of tickets (10, 20 or more). Residency is based on where the
senior living facility is located.
Associate Memberships are for those individuals not yet 55 but who still would like to
participate in the programs, trips and classes offered at the center.
Senior Citizen – City resident annual membership $5.75
Senior Citizen – Nonresident annual membership $11.50
Senior Center – City resident couples annual membership $10.50
Senior Center – Nonresident couples annual membership $21.00
Senior Center – City resident associate annual membership $9.50
Senior Center – Nonresident associate annual membership $15.75
(c) SENIOR CENTER TRIPS Actual costs plus
25%
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
(Revised 1/08)3.01-F8
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
4. IVY GREEN CEMETERY - FEES AND CHARGES
RATE
RESIDENT
RATE
NONRESIDENT
(a) ADULT BURIAL
Grave Site $917.00 $1,100.00
Opening/Closing $573.00 $688.00
Liner $563.00 $675.00
Oversize Liner (if required) $815.00 $978.00
Grave Side Service Preparation (optional) $160.00 $191.00
(b) VETERANS PLOT
Opening/Closing $573.00 $688.00
Liner $563.00 $675.00
Oversize Liner (if required) $815.00 $978.00
Grave Side Service Preparation (optional) $160.00 $191.00
Stone Marker Setting $104.00 $125.00
Bronze Marker Setting $104.00 $125.00
(c) INFANT BURIAL
Infant Plot in Babyland $224.00 $269.00
Opening/Closing $348.00 $418.00
Liner $245.00 $294.00
Grave Side Service Preparation (optional) $160.00 $191.00
(d) DISINTERMENT
Removal & Opening of New Site $1,199.00 $1,438.00
Site Purchase $917.00 $1,100.00
Liner $544.00 $652.00
Removal (only) $788.00 $959.00
Cremation Removal $191.00 $230.00
(e) ADDITIONAL BURIAL COSTS
2 hour maximum $160.00 $191.00
4 hour maximum $319.00 $384.00
(f) LINERS
Adult $563.00 $675.00
Infant $245.00 $294.00
Cremation Vault (2 piece) $131.00 $157.00
Oversize Liner (if required) $815.00 $978.00
3.01-F9 (Revised 1/08)
(g) OPENING AND CLOSING
Adult $573.00 $688.00
Infant (Babyland) $348.00 $418.00
Urn Interment (per urn) $131.00 $157.00
(h) BURIAL SITES
Adult $917.00 $1,100.00
Infant (Babyland) $224.00 $269.00
Infant (any site not in Babyland) $917.00 $1,100.00
(i) INURNMENT
Vault $131.00 $157.00
Opening/Closing $131.00 $157.00
Grave Side Service Preparation (optional) $160.00 $191.00
Second Right of Inurnment $218.00 $262.00
(j) DISURNMENTS
Urn $191.00 $230.00
(k) RAISE GRAVE $128.00 $154.00
(l) MARKERS
5" x 8" bronze plus tax $77.00 $92.00
4" x 12" x 2" – 3" plus tax $83.00 $100.00
8" x 16" x 2" – 3" plus tax $87.00 $105.00
10" x 20" x 2" – 3" plus tax $99.00 $118.00
12" x 24" x 2" – 3" plus tax $104.00 $125.00
12" x 24" bronze plus tax $104.00 $125.00
12" x 36" x 2" – 3" plus tax $153.00 $183.00
14" x 36" x 2" – 3" plus tax $158.00 $190.00
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
(Revised 1/08)3.01-F10
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
5. GOLD MOUNTAIN GOLF COMPLEX (prices do not include sales tax)
(a) CASCADE COURSE
Friday 18 Holes $35.00
Weekday 18 Holes*$32.00
Weekday 2:00 p.m. - 3:00 p.m. $27.00
Weekend/Holiday 18 Holes (3) $39.00
Weekend 2:00 p.m. - 3:00 p.m. $31.00
Weekday 9 Holes*$23.00
Weekend/Holiday 9 Holes $25.00
Weekday 9-Hole Continue* $9.00
Weekend/Holiday 9-Hole Continue $15.00
Twilight Weekday*$22.00
Twilight Weekend/Holiday $25.00
League Rate**$20.00
Senior 18 Holes*$27.00
Junior 18 Holes* $13.00
Junior Twilight Weekend/Holiday $14.00
All Day Monday - Tuesday $58.00
Annual Pass Single $1,600.00
Annual Pass Couple $2,600.00
Annual Pass Family*** $2,400.00 plus
$200.00 per junior
Annual Pass Senior Single** $1,100.00
Annual Pass Senior Couple** $1,800.00
Semi-Annual Single - first 1/2 of year $800.00
Semi-Annual Single - second 1/2 of year $850.00
Semi-Annual Couple - first 1/2 of year $1,300.00
Semi-Annual Couple - second 1/2 of year $1,350.00
Semi-Annual Senior Single** - first 1/2 of year $550.00
Semi-Annual Senior Single** - second 1/2 of year $575.00
Semi-Annual Senior Couple** - first 1/2 of year $900.00
Semi-Annual Senior Couple** - second 1/2 of year $950.00
Senior Punch Card** (2) $200.00
Regular 20-Round Punch Card $480.00
Regular 10-Round Punch Card $260.00
Junior 10-Round Punch Card $90.00
Low-Income Senior Punch Card** **** (2) $90.00
Corporate Pass* (2) $2,300.00
Daily Private Cart $17.00
3.01-F11 (Revised 1/08)
Shotgun Tournament (Not to Exceed 18-Hole Green Fee) $55.00
Military Pass (1) no tax $2,200.00
* Monday through Thursday
** Not for Saturday, Sunday or holiday
*** From June through September, juniors may only play after 11:00 a.m. on
weekends and holidays
**** Age 62 & up with household income < $18,000.00 (RCW 71.38.070)
1. A reduced rate, not less than the current twilight rate, may be offered with the
approval of the Director of Parks and Recreation
2. May be used for twilight any day of the week including holidays
3. Saturday, Sunday or holiday (May through September not to exceed rate)
(b) OLYMPIC COURSE
Friday 18 Holes $46.00
Weekday 18 Holes*$42.00
Weekday 2:00 p.m. - 3:00 p.m. $34.00
Weekend/Holiday 18 Holes (1) $60.00
Weekend 2:00 p.m. - 3:00 p.m. $44.00
Weekday 9 Holes*$26.00
Weekend/Holiday 9 Holes $35.00
Weekday 9-Hole Continue* $26.00
Weekend/Holiday 9-Hole Continue $35.00
Twilight Weekday*$25.00
Twilight Weekend/Holiday $27.00
Junior Twilight Weekend $20.00
All Day Monday - Tuesday $58.00
League Rate** $20.00
Senior 18 Holes*$36.00
Junior 18 Holes*$23.00
Cascade Passes and Punch Cards $13.00
Shotgun Tournament (Not to Exceed 18-Hole Green Fee) (1) $70.00
Weekend Early Bird $47.00
Weekday Early Bird $33.00
Pass Plus $13.00
* Monday through Thursday
** Not for Saturday, Sunday or holiday
1. Saturday, Sunday or holiday (May through September not to exceed rate)
PARKS & RECREATION DEPT. – RATE TABLE F
All Rates Listed Are “Not To Exceed” Fees
RATE
3.01-G1 (Revised 1/08)
PUBLIC WORKS AND UTILITIES DEPARTMENT – RATE TABLE G
All Rates Listed Are “Not To Exceed” Fees
G. PUBLIC WORKS AND UTILITIES DEPARTMENT
RATE
1. RIGHT-OF-WAY USE PERMITS FEES
Type A (Short-Term Use) Regular (Misc. Construction) $160.00
Dumpster - Individual Personal Use no charge
Dumpster - Commercial/Construction $60.00
Type B (Disturbance of ROW)
Sidewalk Repairs (2 inspections) $55.00
Driveway, Transverse Street Patch and Spot Patches
(2 inspections) $160.00
Frontage Improvements (Curb, Gutter, Sidewalk,
Illumination, Etc.); Longitudinal Street Patch; and Utility
Installation $3.15/foot with a $160.00 minimum
New Street $5.25/foot with a $625.00 minimum
Water & Sewer Mains & Laterals (ROW Permit)
(2 inspections) $160.00
Additional Inspection $50.00
Type C (Long-Term Use)
Application and Processing $100.00
Use Longer Than One Year 1/10 adjoining land value set in the County
Assessor’s records per square foot of
impacted ROW annually with a $100.00
minimum
Use Shorter Than One Year 1/50 adjoining land value set in the County
Assessor’s records per square foot of
impacted ROW monthly with a $100.00
minimum
Type D Regular (Franchised Utility Routine Maintenance) $100.00
Plan Reviews $0.25/foot of improvement with $105.00
minimum
Additional Work $45.00/hour + equipment charges
2. RIGHT-OF-WAY VACATION $575.00
3. TELECOM MASTER PERMIT FEE $525.00/one time
4. TELECOM LICENSE FEE $210.00/one time
3.36-1 (Revised 1/08)
Chapter 3.36
CONTINGENCY RESERVE FUND
Sections:
3.36.010 ESTABLISHED.
3.36.020 AMOUNT AND SOURCE.
3.36.030 ADMINISTRATION AND
EXPENDITURE.
3.36.040 EXCEPTION.
3.36.010 ESTABLISHED.
There is established a special revenue fund to be
called the "Contingency Reserve Fund." The fund is
established to protect the City’s General Fund in the
event of unforeseen and unfunded emergency require-
ments. (Ord. 5021 §1 (part), 2007: Ord. 4524 §1, 1995)
3.36.020 AMOUNT AND SOURCE.
The minimum Contingency Reserve Fund balance
shall be established in the amount of one million dollars
($1,000,000). If at any time the cash balance of the fund
is less than one million dollars ($1,000,000), a repay-
ment plan shall be established by the Mayor and
approved by the City Council to replenish the fund to its
minimum level.
The proceeds of sale of all General Fund real prop-
erty shall be deposited to the Contingency Reserve
Fund. (Ord. 5021 §1 (part), 2007: Ord. 4524 §2, 1995)
3.36.030 ADMINISTRATION AND
EXPENDITURE.
The Contingency Reserve Fund shall be operated as
a special revenue fund administered by the City Trea-
surer and the Mayor. All monies received by the fund,
together with investment earnings thereon, may be
expended only in the following manner:
(a) Funds shall be expended only in the event of a
bona fide emergency, which shall be defined as a signif-
icant crisis threatening the financial viability of the City.
(b) A unanimous vote of the council shall be
required to authorize fund expenditure. (Ord. 5021 §1
(part), 2007: Ord. 4524 §3, 1995)
3.36.040 EXCEPTION.
Should the cash balance of the Contingency
Reserve Fund at any time exceed one million dollars
($1,000,000), the excess cash may be used for capital
purchases upon City Council approval by simple major-
ity vote. (Ord. 5021 §1 (part), 2007: Ord. 4524 §4, 1995)
3.48-1 (Revised 1/08)
Chapter 3.48
BUSINESS AND OCCUPATION TAXES
Sections:
3.48.020 EXERCISE OF REVENUE
LICENSE POWER.
3.48.025 BUSINESS LICENSE -
REQUIRED.
3.48.028 ADMINISTRATIVE
PROVISIONS.
3.48.030 DEFINITIONS.
3.48.040 AGENCY - SALES AND
SERVICES BY AGENT,
CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
3.48.050 IMPOSITION OF THE TAX -
TAX OR FEE LEVIED.
3.48.060 DOING BUSINESS WITH THE
CITY.
3.48.070 MULTIPLE ACTIVITIES
CREDIT WHEN ACTIVITIES
TAKE PLACE IN ONE (1) OR
MORE CITIES WITH
ELIGIBLE GROSS RECEIPT
TAXES.
3.48.075 DEDUCTIONS TO PREVENT
MULTIPLE TAXATION OF
MANUFACTURING
ACTIVITIES AND PRIOR TO
JANUARY 1, 2008,
TRANSACTIONS INVOLVING
MORE THAN ONE (1) CITY
WITH AN ELIGIBLE GROSS
RECEIPTS TAX.
3.48.076 ASSIGNMENT OF GROSS
INCOME DERIVED FROM
INTANGIBLES.
3.48.077 ALLOCATION AND
APPORTIONMENT OF
INCOME WHEN ACTIVITIES
TAKE PLACE IN MORE THAN
ONE (1) JURISDICTION.
3.48.078 ALLOCATION AND
APPORTIONMENT OF
PRINTING AND PUBLISHING
INCOME WHEN ACTIVITIES
TAKE PLACE IN MORE THAN
ONE (1) JURISDICTION.
3.48.090 EXEMPTIONS.
3.48.100 DEDUCTIONS.
3.48.120 TAX PART OF OVERHEAD.
3.48.125 RULES AND REGULATIONS.
3.48.130 SEVERABILITY CLAUSE.
3.48.020 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. 5028 §1 (part),
2007: Ord. 4843, Added, 01/03/2003)
3.48.025 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. 5028 §1
(part), 2007: Ord. 4843, Added, 01/03/2003)
3.48.028 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.
5028 §1 (part), 2007: Ord. 4843, Added, 01/03/2003)
3.48.030 DEFINITIONS.
In construing the provisions of this chapter, the fol-
lowing definitions shall be applied. Words in the singu-
lar number shall include the plural, and the plural shall
include the singular.
"Advance," "reimbursement."
(1) "Advance" means money or credits received
by a taxpayer from a customer or client with which the
taxpayer is to pay costs or fees on behalf of the customer
or client.
(2) "Reimbursement" means money or credits
received from a customer or client to repay the taxpayer
for money or credits expended by the taxpayer in pay-
ment of costs or fees of the customer or client.
"Agricultural product" means any product of plant
cultivation or animal husbandry including, but not lim-
ited to: a product of horticulture, grain cultivation, ver-
miculture, viticulture, or aquaculture as defined in RCW
15.83.480; plantation Christmas trees; turf; or any ani-
mal including but not limited to an animal that is a pri-
vate sector cultured aquatic product as defined in RCW
15.83.480, or a bird, or insect, or the substances
obtained from such an animal. "Agricultural product"
does not include animals intended to be pets.
"Artistic or cultural organization." As used in this
chapter:
(1) The term "artistic or cultural organization"
means an organization which is organized and operated
exclusively for the purpose of providing artistic or cul-
tural exhibitions, presentations, or performances or cul-
tural or art education programs, as defined in subsection
(Revised 1/08)3.48-2
(10) of this definition, for viewing or attendance by the
general public.
(2) The organization must be a not-for-profit cor-
poration under Chapter 24.03 RCW.
(3) The organization must be managed by a gov-
erning board of not less than eight (8) individuals none
of whom is a paid employee of the organization or by a
corporation sole under Chapter 24.12 RCW.
(4) No part of its income may be paid directly or
indirectly to its members, stockholders, officers, direc-
tors, or trustees except in the form of services rendered
by the corporation in accordance with its purposes and
bylaws.
(5) Salary or compensation paid to its officers and
executives must be only for actual services rendered,
and at levels comparable to the salary or compensation
of like positions within the State.
(6) Assets of the corporation must be irrevocably
dedicated to the activities for which the exemption is
granted and, on the liquidation, dissolution, or abandon-
ment by the corporation, may not inure directly or indi-
rectly to the benefit of any member or individual except
a nonprofit organization, association, or corporation
which also would be entitled to the exemption.
(7) The corporation must be duly licensed or certi-
fied when licensing or certification is required by law or
regulation.
(8) The amounts received that qualify for exemp-
tion must be used for the activities for which the exemp-
tion is granted.
(9) Services must be available regardless of race,
color, national origin, ancestry, religion, age, sex, mari-
tal status, sexual orientation, Vietnam or disabled vet-
eran status, or the presence of any mental or physical
disability.
(10)The term "artistic or cultural exhibitions, pre-
sentations, or performances or cultural or art education
programs" is limited to:
(a) An exhibition or presentation of works of
art or objects of cultural or historical significance, such
as those commonly displayed in art or history museums;
(b) A musical or dramatic performance or
series of performances; or
(c) An educational seminar or program, or
series of such programs, offered by the organization to
the general public on an artistic, cultural, or historical
subject.
"Business" includes all activities engaged in with the
object of gain, benefit, or advantage to the taxpayer or to
another person or class, directly or indirectly.
"Business and occupation tax" or "gross receipts
tax" means a tax imposed on or measured by the value
of products, the gross income of the business, or the
gross proceeds of sales, as the case may be, and that is
the legal liability of the business.
"Cash discount" means a deduction from the invoiced
amount allowed by the seller if the bill is paid within a
certain time period or before a specified date.
"City" means City of Bremerton, Washington.
"Commercial or industrial use" means the following
uses of products, including by-products, by the extractor
or manufacturer thereof:
(1) Any use as a consumer;
(2) Any use in the manufacturing of products
including articles, substances or commodities.
"Competitive telephone service" means the providing
by any person of telecommunications equipment or
apparatus, or service related to that equipment or appa-
ratus such as repair or maintenance service, if the equip-
ment or apparatus is of a type which can be provided by
persons that are not subject to regulation as telephone
companies under RCW Title 80 and for which a separate
charge is made.
"Consumer" means the following:
(1) Any person who purchases, acquires, owns,
holds, or uses any tangible or intangible personal prop-
erty irrespective of the nature of the person’s business
and including, among others, without limiting the scope
hereof, persons who install, repair, clean, alter, improve,
construct, or decorate real or personal property of or for
a consumer other than for the purpose of:
(a) Resale as tangible or intangible personal
property in the regular course of business;
(b) Incorporating such property as an ingredi-
ent or component of real or personal property when
installing, repairing, cleaning, altering, imprinting,
improving, constructing, or decorating such real or per-
sonal property of or for consumers;
(c) Incorporating such property as an ingredi-
ent or component of a new product or as a chemical used
in processing a new product when the primary purpose
of such chemical is to create a chemical reaction directly
through contact with an ingredient of a new product; or
(d) Consuming the property in producing fer-
rosilicon which is subsequently used in producing mag-
nesium for sale, if the primary purpose of such property
is to create a chemical reaction directly through contact
with an ingredient of ferrosilicon;
(2) Any person engaged in any business activity
taxable under BMC 3.48.050(1)(g);
(3) Any person who purchases, acquires, or uses
any competitive telephone service as herein defined,
other than for resale in the regular course of business;
(4) Any person who purchases, acquires, or uses
any personal, business, or professional service defined
as a retail sale or retail service in this section other than
for resale in the regular course of business;
(5) Any person who is an end user of software;
(6) Any person engaged in the business of "public
road construction" in respect to tangible personal prop-
erty when that person incorporates the tangible personal
3.48-3 (Revised 1/08)
property as an ingredient or component of a publicly
owned street, place, road, highway, easement, right-of-
way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle by installing, placing or
spreading the property in or upon the right-of-way of a
publicly owned street, place, road, highway, easement,
bridge, tunnel, or trestle or in or upon the site of a pub-
licly owned mass public transportation terminal or park-
ing facility;
(7) Any person who is an owner, lessee or has the
right of possession to or an easement in real property
which is being constructed, repaired, decorated,
improved, or otherwise altered by a person engaged in
business;
(8) Any person who is an owner, lessee, or has the
right of possession to personal property which is being
constructed, repaired, improved, cleaned, imprinted, or
otherwise altered by a person engaged in business;
(9) Any person engaged in "government contract-
ing." Any such person shall be a consumer within the
meaning of this subsection in respect to tangible per-
sonal property incorporated into, installed in, or
attached to such building or other structure by such per-
son.
Nothing contained in this or any other subsection of
this section shall be construed to modify any other defi-
nition of "consumer."
"Deficiency" means the amount of tax imposed by law
less any tax reported by the taxpayer on a tax return.
"Delivery" means the transfer of possession of tangible
personal property between the seller and the buyer or the
buyer’s representative. Delivery to an employee of a
buyer is considered delivery to the buyer. Transfer of
possession of tangible personal property occurs when
the buyer or the buyer’s representative first takes physi-
cal control of the property or exercises dominion and
control over the property. Dominion and control means
the buyer has the ability to put the property to the
buyer’s own purposes. It means the buyer or the buyer’s
representative has made the final decision to accept or
reject the property, and the seller has no further right to
possession of the property and the buyer has no right to
return the property to the seller, other than under a war-
ranty contract. A buyer does not exercise dominion and
control over tangible personal property merely by
arranging for shipment of the property from the seller to
itself. A buyer’s representative is a person, other than an
employee of the buyer, who is authorized in writing by
the buyer to receive tangible personal property and take
dominion and control by making the final decision to
accept or reject the property. Neither a shipping com-
pany nor a seller can serve as a buyer’s representative. It
is immaterial where the contract of sale is negotiated or
where the buyer obtains title to the property. Delivery
terms and other provisions of the Uniform Commercial
Code (RCW Title 62A) do not determine when or where
delivery of tangible personal property occurs for pur-
poses of taxation.
"Director" means the Director of Financial Services of
the City or any officer, agent or employee of the City
designated to act on the Director’s behalf.
"Eligible gross receipts tax" means a tax which:
(1) Is imposed on the act or privilege of engaging
in business activities within BMC 3.48.050; and
(2) Is measured by the gross volume of business,
in terms of gross receipts and is not an income tax or
value added tax; and
(3) Is not, pursuant to law or custom, separately
stated from the sales price; and
(4) Is not a sales or use tax, business license fee,
franchise fee, royalty or severance tax measured by vol-
ume or weight, or concession charge, or payment for the
use and enjoyment of property, property right or a priv-
ilege; and
(5) Is a tax imposed by a local jurisdiction,
whether within or without the State of Washington, and
not by a country, state, province, or any other non-local
jurisdiction above the County level.
"Engaging in business," "nexus."
(1) The term "engaging in business" means com-
mencing, conducting, or continuing in business, and
also the exercise of corporate or franchise powers, as
well as liquidating a business when the liquidators
thereof hold themselves out to the public as conducting
such business.
(2) This section sets forth examples of activities
that constitute engaging in business in the City, and
establishes safe harbors for certain of those activities so
that a person who meets the criteria may engage in de
minimis business activities in the City without having to
register and obtain a business license or pay City busi-
ness and occupation taxes. The activities listed in this
section are illustrative only and are not intended to nar-
row the definition of "engaging in business" in subsec-
tion (1) of this definition. If an activity is not listed,
whether it constitutes engaging in business in the City
shall be determined by considering all the facts and cir-
cumstances and applicable law.
(3) Without being all inclusive, any one (1) of the
following activities conducted within the City by a per-
son, or its employee, agent, representative, independent
contractor, broker or another acting on its behalf consti-
tutes engaging in business and requires a person to reg-
ister and obtain a business license pursuant to Chapter
5.02 BMC.
(a) Owning, renting, leasing, maintaining, or
having the right to use, or using, tangible personal prop-
erty, intangible personal property, or real property per-
manently or temporarily located in the City.
(b) Owning, renting, leasing, using, or main-
taining, an office, place of business, or other establish-
ment in the City.
(Revised 1/08)3.48-4
(c) Soliciting sales.
(d) Making repairs or providing maintenance
or service to real or tangible personal property, includ-
ing warranty work and property maintenance.
(e) Providing technical assistance or service,
including quality control, product inspections, warranty
work, or similar services on or in connection with tangi-
ble personal property sold by the person or on its behalf.
(f) Installing, constructing, or supervising
installation or construction of real or tangible personal
property.
(g) Soliciting, negotiating, or approving fran-
chise, license, or other similar agreements.
(h) Collecting current or delinquent accounts.
(i) Picking up and transporting tangible per-
sonal property, solid waste, construction debris, or exca-
vated materials.
(j) Providing disinfecting and pest control
services, employment and labor pool services, home
nursing care, janitorial services, appraising, landscape
architectural services, security system services, survey-
ing, and real estate services including the listing of
homes and managing real property.
(k) Rendering professional services such as
those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional ath-
letes, barbers, baseball clubs and other sports organiza-
tions, chemists, consultants, psychologists, court
reporters, dentists, doctors, detectives, laboratory oper-
ators, teachers, and veterinarians.
(l) Meeting with customers or potential cus-
tomers, even when no sales or orders are solicited at the
meetings.
(m) Training or recruiting employees, agents,
representatives, independent contractors, brokers or oth-
ers, domiciled or operating on a job in the City, acting
on its behalf, or for customers or potential customers.
(n) Investigating, resolving, or otherwise
assisting in resolving customer complaints.
(o) In-store stocking or manipulating products
or goods, sold to and owned by a customer, regardless
of where sale and delivery of the goods took place.
(p) Delivering goods in vehicles owned,
rented, leased, used, or maintained by the person or
another acting on its behalf.
(q) Accepting or executing a contract with the
City, irrespective of whether goods or services are deliv-
ered within or without the City, or whether the person’s
office or place of business is within or without the City.
(4) If a person, or its employee, agent, representa-
tive, independent contractor, broker or another acting on
the person’s behalf, engages in no other activities in or
with the City but the following, it need not register and
obtain a business license and pay tax:
(a) Meeting with suppliers of goods and ser-
vices as a customer.
(b) Meeting with government representatives
in their official capacity, other than those performing
contracting or purchasing functions.
(c) Attending meetings, such as board meet-
ings, retreats, seminars, and conferences, or other meet-
ings wherein the person does not provide training in
connection with tangible personal property sold by the
person or on its behalf.
(d) Renting tangible or intangible property as
a customer when the property is not used in the City.
(e) Attending, but not participating in a "trade
show" or "multiple vendor events." Persons participat-
ing at a trade show shall review the City’s trade show or
multiple vendor event ordinances.
(f) Conducting advertising through the mail.
(g) Soliciting sales by phone from a location
outside the City.
(5) A seller located outside the City merely deliv-
ering goods into the City by means of common carrier is
not required to register and obtain a business license;
provided, that it engages in no other business activities
in the City. Such activities do not include those in sub-
section (4) of this section.
(6) "Nexus." A person has created nexus with the
City if, whether itself or by its employees, agents, repre-
sentative, independent contractors, brokers or others
acting on its behalf, it:
(a) Is physically present in the City;
(b) Endeavors to maintain a share of the mar-
ket within the City; or
(c) Avails itself of the economic benefits of
the City.
The City expressly intends that engaging in busi-
ness includes any activity sufficient to establish nexus
for purposes of applying the tax under the law and the
constitutions of the United States and the State of Wash-
ington. Nexus is presumed to continue as long as the
taxpayer benefits from the activity that constituted the
original nexus generating contact or subsequent con-
tacts.
"Extracting" is the activity engaged in by an extractor
and is reportable under the extracting classification.
"Extractor" means every person who from the per-
son’s own land or from the land of another under a right
or license granted by lease or contract, either directly or
by contracting with others for the necessary labor or
mechanical services, for sale or for commercial or
industrial use, mines, quarries, takes or produces coal,
oil, natural gas, ore, stone, sand, gravel, clay, mineral or
other natural resource product; or fells, cuts or takes tim-
ber, Christmas trees, other than plantation Christmas
trees, or other natural products; or takes fish, or takes,
cultivates, or raises shellfish, or other sea or inland
water foods or products. "Extractor" does not include
persons performing under contract the necessary labor
or mechanical services for others; persons cultivating or
3.48-5 (Revised 1/08)
raising fish entirely within confined rearing areas on the
person’s own land or on land in which the person has a
present right of possession; or persons who fell, cut, or
take plantation Christmas trees from the person’s own
land or from land in which the person has a present right
of possession; or persons meeting the definition of
"farmer."
"Extractor for hire" means a person who performs
under contract necessary labor or mechanical services
for an extractor.
"Farmer" means any person engaged in the business of
growing or producing, upon the person’s own lands or
upon the lands in which the person has a present right of
possession, any agricultural product whatsoever for
sale. "Farmer" does not include a person using such
products as ingredients in a manufacturing process, or a
person growing or producing such products for the per-
son’s own consumption. "Farmer" does not include a
person selling any animal or substance obtained there-
from in connection with the person’s business of operat-
ing a stockyard or a slaughter or packing house.
"Farmer" does not include any person in respect to the
business of taking, cultivating, or raising timber.
"Gross income of the business" means the value pro-
ceeding or accruing by reason of the business activity
engaged in and includes gross proceeds of sales, com-
pensation for the rendition of services, gains realized
from trading in stocks, bonds, or other evidences of
indebtedness, interest, discount, rents, royalties, fees,
commissions, dividends, and other emoluments how-
ever designated, all without any deduction on account of
the cost of tangible property sold, the cost of materials
used, labor costs, interest, discount, delivery costs,
taxes, or any other expense whatsoever paid or accrued
and without any deduction on account of losses.
"Gross proceeds of sales" means the value proceeding
or accruing from the sale of tangible personal property
or for services rendered, without any deduction on
account of the cost of property sold, the cost of materials
used, labor costs, interest, discount paid, delivery costs,
taxes, or any other expense whatsoever paid or accrued
and without any deduction on account of losses.
"In this City" or "within this City" includes all fed-
eral areas lying within the corporate City limits of the
City.
"Janitorial services" shall mean those cleaning and
caretaking services ordinarily performed by commercial
janitor service businesses including, but not limited to,
wall and window washing, floor cleaning and waxing,
and the cleaning in place of rugs, drapes and upholstery.
The term does not include painting, papering, repairing,
furnace or septic tank cleaning, snow removal, sand-
blasting, or cleanup related to construction activities.
"Manufacturer," "to manufacture."
(1) "Manufacturer" means every person who,
either directly or by contracting with others for the nec-
essary labor or mechanical services, manufactures for
sale or for commercial or industrial use from the per-
son’s own materials or ingredients any products. When
the owner of equipment or facilities furnishes, or sells to
the customer prior to manufacture, materials or ingredi-
ents equal to less than twenty (20) percent of the total
value of all materials or ingredients that become a part
of the finished product, the owner of the equipment or
facilities will be deemed to be a processor for hire and
not a manufacturer. A business not located in this City
that is the owner of materials or ingredients processed
for it in this City by a processor for hire shall be deemed
to be engaged in business as a manufacturer in this City.
(2) "To manufacture" means all activities of a
commercial or industrial nature wherein labor or skill is
applied, by hand or machinery, to materials or ingredi-
ents so that as a result thereof a new, different or useful
product is produced for sale or commercial or industrial
use, and shall include:
(a) The production of special-made or cus-
tom-made articles;
(b) The production of dental appliances,
devices, restorations, substitutes, or other dental labora-
tory products by a dental laboratory or dental technician;
(c) Crushing and/or blending of rock, sand,
stone, gravel, or ore; and
(d) The producing of articles for sale, or for
commercial or industrial use from raw materials or pre-
pared materials by giving such materials, articles, and
substances of trade or commerce new forms, qualities,
properties or combinations including, but not limited to,
such activities as making, fabricating, processing, refin-
ing, mixing, slaughtering, packing, aging, curing, mild
curing, preserving, canning, and the preparing and
freezing of fresh fruits and vegetables.
"To manufacture" shall not include the production
of computer software if the computer software is deliv-
ered from the seller to the purchaser by means other than
tangible storage media, including the delivery by use of
a tangible storage media where the tangible storage
media is not physically transferred to the purchaser.
"Manufacturing" means the activity conducted by a
manufacturer and is reported under the manufacturing
classification.
"Newspaper," "magazine," "periodical." "Newspa-
per" means a publication offered for sale regularly at
stated intervals at least once a week and printed on
newsprint in tabloid or broadsheet format folded loosely
together without stapling, glue, or any other binding of
any kind. "Magazine" or "periodical" means any printed
publication, other than a newspaper, issued and offered
for sale regularly at stated intervals at least once every
three (3) months, including any supplement or special
edition of the publication. Any publication meeting this
definition qualifies regardless of its content.
(Revised 1/08)3.48-6
"Nonprofit corporation or nonprofit organization"
means a corporation or organization in which no part of
the income can be distributed to its members, directors,
or officers and that holds a current tax exempt status as
provided under Section 501(c)(3) of the Internal Reve-
nue Code, as hereafter amended, or is specifically
exempted from the requirement to apply for its tax
exempt status under Section 501(c)(3) of the Internal
Revenue Code, as hereafter amended. Where the term
nonprofit organization is used, it is meant to include a
nonprofit corporation.
"Office" or "place of business" means a fixed location
or permanent facility where the regular business of the
person is conducted and which is either owned by the
person or over which the person exercises legal domin-
ion and control. The regular business of the person is
presumed conducted at a location:
(1) Whose address the person uses as its business
mailing address;
(2) Containing a telephone line listed in a public
telephone directory or other similar publication under
the business name; and
(3) Where the person holds itself out to the general
public as conducting its regular business through sig-
nage or other means; and
(4) Where the person is required to obtain any
appropriate State and local business license or registra-
tion unless they are exempted by law from such require-
ment.
A vehicle such as a pick-up, van, truck, boat or
other motor vehicle is not an office or place of business.
A post office box is not an office or place of business.
If a person has an office or place of business, the
person’s home is not an office or place of business
unless it meets the criteria for office or place of business
above. If a person has no office or place of business, the
person’s home or apartment within the City will be
deemed the place of business.
"Person" means any individual, receiver, administra-
tor, executor, assignee, trustee in bankruptcy, trust,
estate, firm, co-partnership, joint venture, club, com-
pany, joint stock company, business trust, municipal
corporation, political subdivision of the State of Wash-
ington, corporation, limited liability company, associa-
tion, society, or any group of individuals acting as a unit,
whether mutual, cooperative, fraternal, nonprofit, or
otherwise and the United States or any instrumentality
thereof.
"Precious metal bullion," "monetized bullion." "Pre-
cious metal bullion" means any precious metal which
has been put through a process of smelting or refining,
including, but not limited to, gold, silver, platinum,
rhodium, and palladium, and which is in such state or
condition that its value depends upon its contents and
not upon its form. For purposes of this section, "mone-
tized bullion" means coins or other forms of money
manufactured from gold, silver, or other metals and
heretofore, now, or hereafter used as a medium of
exchange under the laws of this State, the United States,
or any foreign nation, but does not include coins or
money sold to be manufactured into jewelry or works of
art.
"Processing for hire" means the performance of labor
and mechanical services upon materials or ingredients
belonging to others so that as a result a new, different or
useful product is produced for sale, or commercial or
industrial use. A processor for hire is any person who
would be a manufacturer if that person were performing
the labor and mechanical services upon that person’s
own materials or ingredients. If a person furnishes, or
sells to the customer prior to manufacture, materials or
ingredients equal to twenty (20) percent or more of the
total value of all materials or ingredients that become a
part of the finished product the person will be deemed to
be a manufacturer and not a processor for hire.
"Product," "by-product." "Product" means tangible
personal property, including articles, substances, or
commodities created, brought forth, extracted, or manu-
factured by human or mechanical effort. "By-product"
means any additional product, other than the principal or
intended product, which results from extracting or man-
ufacturing activities and which has a market value, with-
out regard to whether or not such additional product was
an expected or intended result of the extracting or man-
ufacturing activities.
"Reporting period" means:
(1) A one (1) month period beginning the first day
of each calendar month (monthly); or
(2) A three (3) month period beginning the first
day of January, April, July or October of each year
(quarterly); or
(3) A twelve (12) month period beginning the first
day of January of each year (annual).
"Retail service" shall include the sale of or charge
made for personal, business, or professional services
including amounts designated as interest, rents, fees,
admission, and other service emoluments however des-
ignated, received by persons engaging in the following
business activities:
(1) Amusement and recreation services including
but not limited to golf, pool, billiards, skating, bowling,
swimming, bungee jumping, ski lifts and tows, basket-
ball, racquetball, handball, squash, tennis, batting cages,
day trips for sightseeing purposes, and others, when pro-
vided to consumers. Amusement and recreation services
also include the provision of related facilities such as
basketball courts, tennis courts, handball courts, swim-
ming pools, and charges made for providing the oppor-
tunity to dance. The term "amusement and recreation
services" does not include instructional lessons to learn
a particular activity such as tennis lessons, swimming
lessons, or archery lessons;
3.48-7 (Revised 1/08)
(2) Abstract, title insurance, and escrow services;
(3) Credit bureau services;
(4) Automobile parking and storage garage ser-
vices;
(5) Landscape maintenance and horticultural ser-
vices but excluding (i) horticultural services provided to
farmers and (ii) pruning, trimming, repairing, removing,
and clearing of trees and brush near electric transmis-
sion or distribution lines or equipment, if performed by
or at the direction of an electric utility;
(6) Service charges associated with tickets to pro-
fessional sporting events; and
(7) The following personal services: physical fit-
ness services, tanning salon services, tattoo parlor ser-
vices, steam bath services, Turkish bath services, escort
services, and dating services;
(8) The term shall also include the renting or leas-
ing of tangible personal property to consumers and the
rental of equipment with an operator.
"Retailing" means the activity of engaging in making
sales at retail and is reported under the retailing classifi-
cation.
"Return" means any document a person is required by
the City to file to satisfy or establish a tax or fee obliga-
tion that is administered or collected by the City and that
has a statutorily defined due date.
"Royalties" means compensation for the use of intangi-
ble property, such as copyrights, patents, licenses, fran-
chises, trademarks, tradenames, and similar items.
"Sale," "casual or isolated sale."
(1) "Sale" means any transfer of the ownership of,
title to, or possession of, property for a valuable consid-
eration and includes any activity classified as a "sale at
retail," "retail sale," or "retail service." It includes rent-
ing or leasing, conditional sale contracts, leases with
option to purchase, and any contract under which pos-
session of the property is given to the purchaser but title
is retained by the vendor as security for the payment of
the purchase price. It also includes the furnishing of
food, drink, or meals for compensation whether con-
sumed upon the premises or not.
(2) "Casual or isolated sale" means a sale made by
a person who is not engaged in the business of selling
the type of property involved on a routine or continuous
basis.
"Sale at retail," "retail sale."
(1) "Sale at retail" or "retail sale" means every sale
of tangible personal property (including articles pro-
duced, fabricated, or imprinted) to all persons irrespec-
tive of the nature of their business and including, among
others, without limiting the scope hereof, persons who
install, repair, clean, alter, improve, construct, or deco-
rate real or personal property of or for consumers, other
than a sale to a person who presents a resale certificate
under RCW 82.04.470 and who:
(a) Purchases for the purpose of resale as tan-
gible personal property in the regular course of business
without intervening use by such person; or
(b) Installs, repairs, cleans, alters, imprints,
improves, constructs, or decorates real or personal prop-
erty of or for consumers, if such tangible personal prop-
erty becomes an ingredient or component of such real or
personal property without intervening use by such per-
son; or
(c) Purchases for the purpose of consuming
the property purchased in producing for sale a new arti-
cle of tangible personal property or substance, of which
such property becomes an ingredient or component or is
a chemical used in processing, when the primary pur-
pose of such chemical is to create a chemical reaction
directly through contact with an ingredient of a new arti-
cle being produced for sale; or
(d) Purchases for the purpose of consuming
the property purchased in producing ferrosilicon which
is subsequently used in producing magnesium for sale,
if the primary purpose of such property is to create a
chemical reaction directly through contact with an
ingredient of ferrosilicon; or
(e) Purchases for the purpose of providing the
property to consumers as part of competitive telephone
service, as defined in RCW 82.04.065. The term shall
include every sale of tangible personal property which is
used or consumed or to be used or consumed in the per-
formance of any activity classified as a "sale at retail" or
"retail sale" even though such property is resold or uti-
lized as provided in subsections (1)(a), (b), (c), (d), or
(e) of this definition following such use; or
(f) Purchases for the purpose of satisfying the
person’s obligations under an extended warranty as
defined in subsection (8) of this definition, if such tangi-
ble personal property replaces or becomes an ingredient
or component of property covered by the extended war-
ranty without intervening use by such person.
(2) "Sale at retail" or "retail sale" also means every
sale of tangible personal property to persons engaged in
any business activity which is taxable under BMC
3.48.050(1)(g).
(3) "Sale at retail" or "retail sale" shall include the
sale of or charge made for tangible personal property
consumed and/or for labor and services rendered in
respect to the following:
(a) The installing, repairing, cleaning, alter-
ing, imprinting, or improving of tangible personal prop-
erty of or for consumers, including charges made for the
mere use of facilities in respect thereto, but excluding
charges made for the use of coin-operated laundry facil-
ities when such facilities are situated in an apartment
house, rooming house, or mobile home park for the
exclusive use of the tenants thereof, and also excluding
sales of laundry service to nonprofit health care facili-
(Revised 1/08)3.48-8
ties, and excluding services rendered in respect to live
animals, birds and insects;
(b) The constructing, repairing, decorating, or
improving of new or existing buildings or other struc-
tures under, upon, or above real property of or for con-
sumers, including the installing or attaching of any
article of tangible personal property therein or thereto,
whether or not such personal property becomes a part of
the realty by virtue of installation, and shall also include
the sale of services or charges made for the clearing of
land and the moving of earth excepting the mere level-
ing of land used in commercial farming or agriculture;
(c) The charge for labor and services rendered
in respect to constructing, repairing, or improving any
structure upon, above, or under any real property owned
by an owner who conveys the property by title, posses-
sion, or any other means to the person performing such
construction, repair, or improvement for the purpose of
performing such construction, repair, or improvement
and the property is then reconveyed by title, possession,
or any other means to the original owner;
(d) The sale of or charge made for labor and
services rendered in respect to the cleaning, fumigating,
razing or moving of existing buildings or structures, but
shall not include the charge made for janitorial services,
which is taxed as a service in this chapter;
(e) The sale of or charge made for labor and
services rendered in respect to automobile towing and
similar automotive transportation services, but not in
respect to those required to report and pay taxes under
Chapter 82.16 RCW;
(f) The sale of and charge made for the fur-
nishing of lodging and all other services, except tele-
phone business and cable service, by a hotel, rooming
house, tourist court, motel, trailer camp, and the grant-
ing of any similar license to use real property, as distin-
guished from the renting or leasing of real property, and
it shall be presumed that the occupancy of real property
for a continuous period of one (1) month or more consti-
tutes a rental or lease of real property and not a mere
license to use or enjoy the same. For the purposes of this
subsection, it shall be presumed that the sale of and
charge made for the furnishing of lodging for a continu-
ous period of one (1) month or more to a person is a
rental or lease of real property and not a mere license to
enjoy the same;
(g) The sale of or charge made for tangible
personal property, labor and services to persons taxable
under subsections (3)(a), (b), (c), (d), (e), and (f) of this
definition when such sales or charges are for property,
labor and services which are used or consumed in whole
or in part by such persons in the performance of any
activity defined as a "sale at retail" or "retail sale" even
though such property, labor and services may be resold
after such use or consumption. Nothing contained in this
subsection shall be construed to modify subsection (1)
of this definition and nothing contained in subsection (1)
of this definition shall be construed to modify this sub-
section.
(4) "Sale at retail" or "retail sale" shall also include
the providing of competitive telephone service to con-
sumers.
(5) "Sale at retail" or "retail sale" shall also include
the sale of canned software other than a sale to a person
who presents a resale certificate under RCW 82.04.470,
regardless of the method of delivery to the end user, but
shall not include custom software or the customization
of canned software.
(6) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for labor and services ren-
dered in respect to the building, repairing, or improving
of any street, place, road, highway, easement, right-of-
way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle which is owned by a
municipal corporation or political subdivision of the
State, the State of Washington, or by the United States
and which is used or to be used primarily for foot or
vehicular traffic including mass transportation vehicles
of any kind (public road construction).
(7) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for labor and services ren-
dered in respect to the constructing, repairing, decorat-
ing, or improving of new or existing buildings or other
structures under, upon, or above real property of or for
the United States, any instrumentality thereof, or a
county or city housing authority created pursuant to
Chapter 35.82 RCW, including the installing, or attach-
ing of any article of tangible personal property therein or
thereto, whether or not such personal property becomes
a part of the realty by virtue of installation (government
contracting).
(8) "Sale at retail" or "retail sale" shall also include
the sale of or charge made for an extended warranty to a
consumer. For purposes of this subsection, "extended
warranty" means an agreement for a specified duration
to perform the replacement or repair of tangible personal
property at no additional charge or a reduced charge for
tangible personal property, labor, or both, or to provide
indemnification for the replacement or repair of tangible
personal property, based on the occurrence of specified
events. The term "extended warranty" does not include
an agreement, otherwise meeting the definition of
extended warranty in this subsection, if no separate
charge is made for the agreement and the value of the
agreement is included in the sales price of the tangible
personal property covered by the agreement.
(9) "Sale at retail" or "retail sale" shall not include
the sale of services or charges made for the clearing of
land and the moving of earth of or for the United States,
any instrumentality thereof, or a county or city housing
authority. Nor shall the term include the sale of services
or charges made for cleaning up for the United States, or
3.48-9 (Revised 1/08)
its instrumentalities, radioactive waste and other by-
products of weapons production and nuclear research
and development. (This is reported under the service or
other classification.)
(10)"Sale at retail" or "retail sale" shall not include
the sale of or charge made for labor and services ren-
dered for environmental remedial action. (This is
reported under the service and other classification.)
"Sale at wholesale" or "wholesale sale" means any
sale of tangible personal property which is not a retail
sale, and any charge made for labor and services ren-
dered for persons who are not consumers, in respect to
real or personal property, if such charge is expressly
defined as a retail sale when rendered to or for consum-
ers. Sale at wholesale also includes the sale of telephone
business to another telecommunications company as
defined in RCW 80.04.010 for the purpose of resale, as
contemplated by RCW 35.21.715.
"Services" means any business activity other than or in
addition to those defined in this section.
"Software," "canned software," "custom software,"
"customization of canned software," "master cop-
ies," "retained rights."
(1) "Canned software" means software that is cre-
ated for sale to more than one (1) person. For purposes
of this chapter, canned software is deemed to be tangible
personal property regardless of the method of delivery-
tangible media (e.g., disk or installed on hardware) or
intangible (e.g., electronically over telecommunications
paths).
(2) "Custom software" means software created for
a single person.
(3) "Customization of canned software" means
any alteration, modification, or development of applica-
tions using or incorporating canned software to specific
individualized requirements of a single person. Custom-
ization of canned software includes individualized con-
figuration of software to work with other software and
computer hardware but does not include routine instal-
lation. Customization of canned software does not
change the underlying character or taxability of the orig-
inal canned software.
(4) "Master copies" of software means copies of
software from which a software developer, author,
inventor, publisher, licensor, sublicensor, or distributor
makes copies for sale or license. The software encoded
on a master copy and the media upon which the software
resides are both ingredients of the master copy.
(5) "Retained rights" means any and all rights,
including intellectual property rights such as those
rights arising from copyrights, patents, and trade secret
laws, that are owned or are held under contract or
license by a software developer, author, inventor, pub-
lisher, licensor, sublicensor, or distributor.
(6) "Software" means any information, program,
or routine, or any set of one (1) or more programs, rou-
tines, or collections of information used, or intended for
use, to convey information that causes one (1) or more
computers or pieces of computer-related peripheral
equipment, or any combination thereof, to perform a
task or set of tasks. "Software" includes the associated
documentation, materials, or ingredients regardless of
the media upon which that documentation is provided,
that describes the code and its use, operation, and main-
tenance and that typically is delivered with the code to
the consumer. All software is classified as either canned
or custom.
"Successor" means any person to whom a taxpayer
quitting, selling out, exchanging, or disposing of a busi-
ness sells or otherwise conveys, directly or indirectly, in
bulk and not in the ordinary course of the taxpayer’s
business, any part of the materials, supplies, merchan-
dise, inventory, fixtures, or equipment of the taxpayer.
Any person obligated to fulfill the terms of a contract
shall be deemed a successor to any contractor defaulting
in the performance of any contract as to which such per-
son is a surety or guarantor.
"Tax year" or "taxable year" means the calendar
year.
"Taxpayer" means any person, as herein defined,
required to have a business license under this chapter or
liable for the collection of any tax or fee under this chap-
ter, or who engages in any business or who performs any
act for which a tax or fee is imposed by this chapter.
"Tuition fee" includes library, laboratory, health ser-
vice and other special fees, and amounts charged for
room and board by an educational institution when the
property or service for which such charges are made is
furnished exclusively to the students or faculty of such
institution. "Educational institution," as used in this sec-
tion, means only those institutions created or generally
accredited as such by the State and includes educational
programs that such educational institution cosponsors
with a nonprofit organization, as defined by the Internal
Revenue Code Section 501(c)(3), as hereafter amended,
if such educational institution grants college credit for
course work successfully completed through the educa-
tional program, or an approved branch campus of a for-
eign degree-granting institution in compliance with
Chapter 28B.90 RCW, and in accordance with RCW
82.04.4332 or defined as a degree-granting institution
under RCW 28B.85.010(3) and accredited by an accred-
iting association recognized by the United States Secre-
tary of Education, and offering to students an
educational program of a general academic nature or
those institutions which are not operated for profit and
which are privately endowed under a deed of trust to
offer instruction in trade, industry, and agriculture, but
not including specialty schools, business colleges, other
trade schools, or similar institutions.
(Revised 1/08)3.48-10
"Value of products."
(1) The value of products, including by-products,
extracted or manufactured, shall be determined by the
gross proceeds derived from the sale thereof whether
such sale is at wholesale or at retail, to which shall be
added all subsidies and bonuses received from the pur-
chaser or from any other person with respect to the
extraction, manufacture, or sale of such products or by-
products by the seller.
(2) Where such products, including by-products,
are extracted or manufactured for commercial or indus-
trial use; and where such products, including by-prod-
ucts, are shipped, transported or transferred out of the
City, or to another person, without prior sale or are sold
under circumstances such that the gross proceeds from
the sale are not indicative of the true value of the subject
matter of the sale; the value shall correspond as nearly
as possible to the gross proceeds from sales in this State
of similar products of like quality and character, and in
similar quantities by other taxpayers, plus the amount of
subsidies or bonuses ordinarily payable by the purchaser
or by any third person with respect to the extraction,
manufacture, or sale of such products. In the absence of
sales of similar products as a guide to value, such value
may be determined upon a cost basis. In such cases,
there shall be included every item of cost attributable to
the particular article or article extracted or manufac-
tured, including direct and indirect overhead costs. The
Director may prescribe rules for the purpose of ascer-
taining such values.
(3) Notwithstanding subsection (2) of this defini-
tion, the value of a product manufactured or produced
for purposes of serving as a prototype for the develop-
ment of a new or improved product shall correspond to
(a) the retail selling price of such new or improved prod-
uct when first offered for sale; or (b) the value of mate-
rials incorporated into the prototype in cases which the
new or improved product is not offered for sale.
"Value proceeding or accruing" means the consider-
ation, whether money, credits, rights, or other property
expressed in terms of money, a person is entitled to
receive or which is actually received or accrued. The
term shall be applied, in each case, on a cash receipts or
accrual basis according to which method of accounting
is regularly employed in keeping the books of the tax-
payer.
"Wholesaling" means engaging in the activity of mak-
ing sales at wholesale, and is reported under the whole-
saling classification. (Ord. 5028 §1 (part), 2007: Ord.
4988 §1, 2006; Ord. 4924 §1, 2004; Ord. 4843, Added,
01/03/2003)
3.48.040 AGENCY - SALES AND SERVICES
BY AGENT, CONSIGNEE, BAILEE,
FACTOR OR AUCTIONEER.
(1) Sales in Own Name - Sales or Purchases as
Agent. Every person, including agents, consignees, bai-
lees, factors or auctioneers having either actual or con-
structive possession of tangible personal property or
having possession of the documents of title thereto, with
power to sell such tangible personal property in the per-
son’s own name and actually so selling shall be deemed
the seller of such tangible personal property within the
meaning of this chapter.
The burden shall be upon the taxpayer in every case
to establish the fact that such taxpayer is not engaged in
the business of selling tangible personal property but is
acting merely as broker or agent in promoting sales or
making purchases for a principal. Such claim will be
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the broker or
agent show the transactions were made in the name and
for the account of the principal, and show the name of
the actual owner of the property for whom the sale was
made, or the actual buyer for whom the purchase was
made.
(b) The books and records show the amount of
the principal’s gross sales, the amount of commissions
and any other incidental income derived by the broker or
agent from such sales. The principal’s gross sales must
not be reflected as the agent’s income on any of the
agent’s books and records. Commissions must be com-
puted according to a set percentage or amount, which is
agreed upon in the agency agreement.
(c) No ownership rights may be conferred to
the agent unless the principal refuses to pay, or refuses
to abide by the agency agreement. Sales or purchases of
any goods by a person who has any ownership rights in
such goods shall be taxed as retail or wholesale sales.
(d) Bulk goods sold or purchased on behalf of
a principal must not be co-mingled with goods belong-
ing to another principal or lose their identity as belong-
ing to the particular principal. Sales or purchases of any
goods which have been co-mingled or lost their identity
as belonging to the principal shall be taxed as retail or
wholesale sales.
(2) If the above requirements are not met, the con-
signor, bailor, principal or other shall be deemed a seller
of such property to the agent, consignee, bailee, factor or
auctioneer.
(3) Services in Own Name - Procuring Services as
Agent. For purposes of this subsection, an agent is a per-
son who acts under the direction and control of the prin-
cipal in procuring services on behalf of the principal that
the person could not itself render or supply. Amounts
3.48-11 (Revised 1/08)
received by an agent for the account of its principal as
advances or reimbursements are exempted from the
measure of the tax only when the agent is not primarily
or secondarily liable to pay for the services procured.
Any person who claims to be acting merely as agent
in obtaining services for a principal will have such claim
recognized only when the contract or agreement
between such persons clearly establishes the relation-
ship of principal and agent and when the following con-
ditions are complied with:
(a) The books and records of the agent show
that the services were obtained in the name and for the
account of the principal, and show the actual principal
for whom the purchase was made.
(b) The books and records show the amount of
the service that was obtained for the principal, the
amount of commissions and any other income derived
by the agent for acting as such. Amounts received from
the principal as advances and reimbursements must not
be reflected as the agent’s income on any of the agent’s
books and records. Commissions must be computed
according to a set percentage or amount, which is agreed
upon in the agency agreement. (Ord. 5028 §1 (part),
2007: Ord. 4843, Added, 01/03/2003)
3.48.050 IMPOSITION OF THE TAX - TAX
OR FEE LEVIED.
(1) Imposition of the Tax - Tax or Fee Levied.
Except as provided in subsection (2) of this section,
there is hereby levied upon and shall be collected from
every person a tax for the act or privilege of engaging in
business activities within the City, whether the person’s
office or place of business be within or without the City.
The tax shall be in amounts to be determined by appli-
cation of rates against gross proceeds of sale, gross
income of business, or value of products, including by-
products, as the case may be, as follows:
(a) Extractor. Upon every person engaging
within the City in business as an extractor; as to such
persons the amount of the tax with respect to such busi-
ness shall be equal to the value of the products, includ-
ing by-products, extracted for sale or for commercial or
industrial use, multiplied by the rate of one and six-
tenths of one percent (0.0016). The measure of the tax is
the value of the products, including by-products, so
extracted, regardless of the place of sale or the fact that
deliveries may be made to points outside the City.
(b) Manufacturer. Upon every person engag-
ing within the City in business as a manufacturer; as to
such persons the amount of the tax with respect to such
business shall be equal to the value of the products,
including by-products, manufactured, multiplied by the
rate of one and six-tenths of one percent (0.0016). The
measure of the tax is the value of the products, including
by-products, so manufactured, regardless of the place of
sale or the fact that deliveries may be made to points
outside the City.
(c) Wholesale. Upon every person engaging
within the City in the business of making sales at whole-
sale; as to such persons, the amount of tax with respect
to such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and six-tenths of one per-
cent (0.0016).
(d) Retail. Upon every person engaging
within the City in the business of making sales at retail;
as to such persons, the amount of tax with respect to
such business shall be equal to the gross proceeds of
such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold,
multiplied by the rate of one and one-quarter of one per-
cent (0.00125).
(e) Printing and Publishing. Upon every per-
son engaging within the City in the business of (i) print-
ing, (ii) both printing and publishing newspapers,
magazines, periodicals, books, music, and other printed
items, (iii) publishing newspapers, magazines and peri-
odicals, (iv) extracting for hire, and (v) processing for
hire; as to such persons, the amount of tax on such busi-
ness shall be equal to the gross income of the business
multiplied by the rate of one and nine-tenths of one per-
cent (0.0019).
(f) Retail Service. Upon every person engag-
ing within the City in the business of making sales of
retail services; as to such persons, the amount of tax
with respect to such business shall be equal to the gross
proceeds of sales multiplied by the rate of two-tenths of
one percent (0.002).
(g) Service. Upon every other person engag-
ing within the City in any business activity other than or
in addition to those enumerated in the above subsec-
tions; as to such persons, the amount of tax on account
of such activities shall be equal to the gross income of
the business multiplied by the rate of two-tenths of one
percent (0.002). This subsection includes, among oth-
ers, and without limiting the scope hereof (whether or
not title to material used in the performance of such
business passes to another by accession, merger or other
than by outright sale), persons engaged in the business
of developing, or producing custom software or of cus-
tomizing canned software, producing royalties or com-
missions, and persons engaged in the business of
rendering any type of service which does not constitute
a sale at retail or a sale at wholesale or a retail service.
(2) Exemption. The gross receipts tax imposed in
this section shall not apply to any person whose gross
proceeds of sales, gross income of the business, and
value of products, including by-products, as the case
may be, from all activities conducted within the City
(Revised 1/08)3.48-12
during any calendar year is equal to or less than twenty
thousand dollars ($20,000).
Beginning on January 1, 2007, the gross receipts
tax imposed in this section shall not apply to any person
whose gross proceeds of sales, gross income of the busi-
ness, and value of products, including by-products, as
the case may be, from all activities conducted within the
City during any calendar year is equal to or less than
forty thousand dollars ($40,000). Persons with gross
income exceeding forty thousand dollars ($40,000) per
year shall be taxed only on the amount of gross income
exceeding forty thousand dollars ($40,000) per year.
Beginning on January 1, 2008, the gross receipts
tax imposed in this section shall not apply to any person
whose gross proceeds of sales, gross income of the busi-
ness, and value of products, including by-products, as
the case may be, from all activities conducted within the
City during any calendar year is equal to or less than
sixty thousand dollars ($60,000). Persons with gross
income exceeding sixty thousand dollars ($60,000) per
year shall be taxed only on the amount of gross income
exceeding sixty thousand dollars ($60,000) per year.
(3) Job Credits. It is the intent of the City Council
to encourage growth and attract new business to the
City. To that end, the City Council finds that an incen-
tive measured by a business’s growth in jobs is a mean-
ingful method of attracting and retaining such
businesses. Therefore, the incentive in this section is
specifically targeted at new full-time positions. A basic
credit is made available to all businesses located in the
City.
(a) Subject to the limits in this section, an eli-
gible person is allowed a credit against the tax due under
this chapter. The credit is based on a qualified employ-
ment position located within the City.
(i) The credit shall be five hundred dol-
lars ($500.00) for each qualified employment position
within the City, which positions were created on or after
January 1, 2007, the "effective date." A credit is earned
for the calendar year in which the employee is hired to
fill the position, plus the four (4) subsequent consecu-
tive years, if the position, along with the company’s
increased workforce of eligible persons, is maintained
during the entire period.
a. Credit may not be taken for hir-
ing persons into positions existing on the effective date.
Credit is authorized for new employees hired for new
positions created on or after the effective date, which
result in an increase in the total workforce of the busi-
ness located in the City. New positions filled by existing
employees are eligible for the credit under this section
only if the position vacated by the existing employee is
filled by a new hire.
b. If filled before July 1st of any
given year, a newly created position is eligible for a full
yearly credit. If filled after June 30th, the position is eli-
gible for only a half credit for the first calendar year.
c. Credit may not be accrued and
carried forward or back. No refunds may be granted for
unused portion of credits under this section. If the posi-
tion is filled during the calendar year, after the filing of
a quarterly tax period, an amended first or third quarter
tax return will be allowed, if appropriate, to qualify all
the credit to which the employer is entitled for that year.
(ii) For the purposes of this section:
a. "Eligible person" means a person
or company who resides in the City and is engaging in a
business activity within the City.
b. "Qualified employment position"
means a permanent, full-time position with compensa-
tion of at least a "family wage" within twelve (12)
months after the date of hire (allowing for training time
and a probation period). If an employee is either volun-
tarily or involuntarily separated from employment, the
employment position is considered filled on a full-time
basis during a period not to exceed three (3) months if
the employer is actively recruiting a replacement
employee.
c. "Family wage," beginning Janu-
ary 1, 2007, is seventeen dollars and eleven cents
($17.11) an hour. This is the annual average wage in
Kitsap County for 2004, developed by the Washington
State Employment Security Department, Labor Market
and Economic Development Division ("ES202"). This
amount will be adjusted annually beginning on January
1, 2008, by an amount equal to the increase in the Con-
sumer Price Index ("CPI") for Urban Wage Earners,
Tacoma-Seattle-Bremerton area, of the prior year. If the
CPI increase is more than five (5) percent, a five (5) per-
cent increase will be used in computing the basis.
d. The purchase of an existing busi-
ness does not create an allowance of the credit for exist-
ing positions.
(iii) No application is necessary for the tax
credit; however, information must be submitted for each
new employee position for which credit is requested,
and included with the first tax return in which the credit
is claimed. The person must keep records necessary for
the City to verify eligibility under this section. This
information includes:
a. Employment records, including
Washington State and federal tax returns, for the current
year and previous five (5) years; and
b. Information relating to descrip-
tion of business activity engaged in at the eligible loca-
tion by the employee.
(b) If at any time the Director finds that an
employer is not eligible or has lost eligibility for a tax
credit under this section, the total amount of taxes for
which a credit has been claimed for current and prior
periods shall be immediately due.
3.48-13 (Revised 1/08)
(4) The tax levied pursuant to this chapter shall be
in addition to any other tax or fee that may be imposed
or levied by the City of Bremerton. (Ord. 5028 §1 (part),
2007: Ord. 4988 §2, 2006: Ord. 4924 §2, 2004; Ord.
4843, Added, 01/03/2003)
3.48.060 DOING BUSINESS WITH THE
CITY.
Except where such a tax is otherwise levied and col-
lected by the City from such person, there is hereby lev-
ied a tax on the privilege of accepting or executing a
contract with the City. Such tax shall be levied and col-
lected whether goods or services are delivered within or
without the City and whether or not such person has an
office or place of business within or without the City.
Except as provided in BMC 3.48.077, as to such
persons the amount of tax shall be equal to the gross
contract price multiplied by the rate under BMC
3.48.050 that would otherwise apply if the sale or ser-
vice were taxable pursuant to that section. (Ord. 5028 §1
(part), 2007: Ord. 4843, Added, 01/03/2003)
3.48.070 MULTIPLE ACTIVITIES CREDIT
WHEN ACTIVITIES TAKE PLACE
IN ONE (1) OR MORE CITIES
WITH ELIGIBLE GROSS RECEIPT
TAXES.
This section provides a tax credit for taxpayers
engaged in multiple taxable activities. This section pro-
vides a credit against eligible selling or manufacturing
taxes imposed by the City for extracting or manufactur-
ing taxes paid to the City or to any other local jurisdic-
tion with respect to the same products. The tax credit
does not depend upon whether a person that sells in the
City extracts or manufactures in the City or in another
jurisdiction to which it has paid an eligible gross
receipts tax. The tax credit does not depend on whether
a person that manufactures in the City extracts in the
City or in another jurisdiction to which it has paid an eli-
gible gross receipts tax. The credit is available to any
person that pays an eligible gross receipts tax on the
applicable activities, regardless of where it conducts
business. The result of this section is that a city in which
selling takes place gives up the tax to the manufacturing
jurisdiction and the manufacturing jurisdiction gives up
the tax to the extracting jurisdiction, whether those juris-
dictions are inside or outside the State of Washington.
(1) Persons who engage in business activities that
are within the purview of two (2) or more subsections of
BMC 3.48.050 shall be taxable under each applicable
subsection.
(2) Notwithstanding anything to the contrary
herein, if imposition of the City’s tax would place an
undue burden upon interstate commerce or violate con-
stitutional requirements, a taxpayer shall be allowed a
credit to the extent necessary to preserve the validity of
the City’s tax, and still apply the City tax to as much of
the taxpayer’s activities as may be subject to the City’s
taxing authority.
(3) To take the credit authorized by this section, a
taxpayer must be able to document that the amount of
tax sought to be credited was paid upon the same gross
receipts used in computing the tax against which the
credit is applied and that the taxpayer paid the amount
of tax sought to be credited.
(4) Credit for Persons That Sell in the City Prod-
ucts That They Extract or Manufacture. Persons taxable
under the retailing or wholesaling classification with
respect to selling products in this City shall be allowed
a credit against those taxes for any eligible gross
receipts taxes paid: (a) with respect to the manufacturing
of the products sold in the City, and (b) with respect to
the extracting of the products, or the ingredients used in
the products, sold in the City. The amount of the credit
shall not exceed the tax liability arising under this chap-
ter with respect to the sale of those products.
(5) Credit for Persons That Manufacture Products
in the City Using Ingredients They Extract. Persons tax-
able under the manufacturing classification with respect
to manufacturing products in this City shall be allowed
a credit against those taxes for any eligible gross
receipts tax paid with respect to extracting the ingredi-
ents of the products manufactured in the City. The
amount of the credit shall not exceed the tax liability
arising under this chapter with respect to the manufac-
turing of those products.
(6) Credit for Persons That Sell Within the City
Products That They Print, or Publish and Print. Persons
taxable under the retailing or wholesaling classification
with respect to selling products in this City shall be
allowed a credit against those taxes for any eligible
gross receipts taxes paid with respect to the printing, or
the printing and publishing, of the products sold within
the City. The amount of the credit shall not exceed the
tax liability arising under this chapter with respect to the
sale of those products. (Ord. 5028 §1 (part), 2007: Ord.
4843, Added, 01/03/2003)
3.48.075 DEDUCTIONS TO PREVENT
MULTIPLE TAXATION OF
MANUFACTURING ACTIVITIES
AND PRIOR TO JANUARY 1, 2008,
TRANSACTIONS INVOLVING
MORE THAN ONE (1) CITY WITH
AN ELIGIBLE GROSS RECEIPTS
TAX.
This section establishes deductions to be applied
when a single taxable activity is taxable by more than
one (1) jurisdiction that imposes an eligible gross
receipts tax. To eliminate the possibility of the same sale
or service being taxed more than once by cities that
maintain nexus and an eligible gross receipts tax, the cit-
(Revised 1/08)3.48-14
ies’ deductions set forth in this section shall apply as fol-
lows:
(1) Manufacturing - Person Manufacturing Prod-
ucts Within and Without. A person manufacturing prod-
ucts within the City using products manufactured by the
same person outside the City may deduct from the mea-
sure of the manufacturing tax the value of products man-
ufactured outside the City and included in the measure
of an eligible gross receipts tax paid with respect to
manufacturing such products.
(2) Goods and Services - Amounts Subject to an
Eligible Gross Receipts Tax in Another City That Also
Maintains Nexus Over the Same Activity. For taxes due
prior to January 1, 2008, a taxpayer that is subject to an
eligible gross receipts tax on the same activity in more
than one (1) jurisdiction may be entitled to a deduction
as follows:
(a) A taxpayer that has paid an eligible gross
receipts tax with respect to a sale of goods or services to
a jurisdiction in which the goods are delivered or the ser-
vices are provided may deduct an amount equal to the
gross receipts used to measure that tax from the measure
of the tax owed to the City.
(b) If a taxpayer has not paid tax to the juris-
diction where the product is delivered or the service is
provided, then no deduction is allowed. The sale shall be
taxed by the city where the office or place of business
that generated the sale is located. For both sales and ser-
vices, the order of taxing rights is delivery city, first; and
business office location, second.
(c) Notwithstanding the above, a person that
is subject to an eligible gross receipts tax in more than
one (1) jurisdiction on the gross income derived from
intangibles such as royalties, trademarks, patents, or
goodwill may deduct from the measure of the tax on
those amounts the gross income used in measuring the
eligible gross receipts tax paid to the other jurisdiction
where the headquarters is located.
(d) A taxpayer that has paid an eligible gross
receipts tax on the privilege of accepting or executing a
contract with another city may deduct an amount equal
to the contract price used to measure the tax due to the
other city from the measure of the tax owed to the City.
(e) For taxes due under this subsection (2)
after January 1, 2008, see BMC 3.48.077. (Ord. 5028 §1
(part), 2007: Ord. 4843, Added, 01/03/2003)
3.48.076 ASSIGNMENT OF GROSS
INCOME DERIVED FROM
INTANGIBLES.
Gross income derived from the sale of intangibles
such as royalties, trademarks, patents, or goodwill shall
be assigned to the jurisdiction where the person is domi-
ciled (its headquarters is located). (Ord. 5028 §1 (part),
2007: Ord. 4924 §3, 2004)
3.48.077 ALLOCATION AND
APPORTIONMENT OF INCOME
WHEN ACTIVITIES TAKE PLACE
IN MORE THAN ONE (1)
JURISDICTION.
Effective January 1, 2008, gross income, other than
persons subject to the provisions of Chapter 82.14A
RCW, shall be allocated and apportioned as follows:
(1) Location of Activity. Gross income derived
from all activities other than those taxed as service or
royalties under BMC 3.48.050(1)(g) shall be allocated
to the location where the activity takes place.
(2) Place of Delivery. In the case of sales of tangi-
ble personal property, the activity takes place where
delivery to the buyer occurs.
(3) Allocation. Gross income derived from activi-
ties taxed as services and other activities taxed under
BMC 3.48.050(1)(g) (Service) shall be apportioned to
the City by multiplying apportionable income by a frac-
tion, the numerator of which is the payroll factor plus
the service-income factor and the denominator of which
is two (2).
(a) Payroll Factor. The payroll factor is a frac-
tion, the numerator of which is the total amount paid in
the City during the tax period by the taxpayer for com-
pensation and the denominator of which is the total
compensation paid everywhere during the tax period.
Compensation is paid in the City if:
(i) The individual is primarily assigned
within the City;
(ii) The individual is not primarily
assigned to any place of business for the tax period and
the employee performs fifty (50) percent or more of his
or her service for the tax period in the City; or
(iii) The individual is not primarily
assigned to any place of business for the tax period, the
individual does not perform fifty (50) percent or more of
his or her service in any city and the employee resides in
the City.
(b) Service Income Factor. The service
income factor is a fraction, the numerator of which is the
total service income of the taxpayer in the City during
the tax period, and the denominator of which is the total
service income of the taxpayer everywhere during the
tax period. Service income is in the City if:
(i) The customer location is in the City;
or
(ii) The income-producing activity is per-
formed in more than one (1) location and a greater pro-
portion of the service-income-producing activity is
performed in the City than in any other location, based
on costs of performance, and the taxpayer is not taxable
at the customer location; or
(iii) The service-income-producing activ-
ity is performed within the City, and the taxpayer is not
taxable in the customer location.
3.48-15 (Revised 1/08)
(c) Other Allocation Methods. If the alloca-
tion and apportionment provisions of this subsection do
not fairly represent the extent of the taxpayer’s business
activity in the city or cities in which the taxpayer does
business, the taxpayer may petition for or the tax admin-
istrators may jointly require, in respect to all or any part
of the taxpayer’s business activity, that one (1) of the
following methods be used jointly by the cities to allo-
cate or apportion gross income, if reasonable:
(i) Separate accounting;
(ii) The use of a single factor;
(iii) The inclusion of one (1) or more addi-
tional factors that will fairly represent the taxpayer’s
business activity in the City; or
(iv) The employment of any other method
to effectuate an equitable allocation and apportionment
of the taxpayer’s income.
(4) Definitions. The definitions in this subsection
apply throughout this section.
(a) "Apportionable income" means the gross
income of the business taxable under the service classi-
fications of a city’s gross receipts tax, including income
received from activities outside the City if the income
would be taxable under the service classification if
received from activities within the City, less any exemp-
tions or deductions available.
(b) "Compensation" means wages, salaries,
commissions, and any other form of remuneration paid
to individuals for personal services that are or would be
included in the individual’s gross income under the fed-
eral Internal Revenue Code.
(c) "Individual" means any individual who,
under the usual common law rules applicable in deter-
mining the employer-employee relationship, has the sta-
tus of an employee of that taxpayer.
(d) "Customer location" means the city or
unincorporated area of a county where the majority of
the contacts between the taxpayer and the customer take
place.
(e) "Primarily assigned" means the business
location of the taxpayer where the individual performs
his or her duties.
(f) "Service-taxable income" or "service
income" means gross income of the business subject to
tax under either the service or royalty classification.
(g) "Tax period" means the calendar year dur-
ing which tax liability is accrued. If taxes are reported
by a taxpayer on a basis more frequent than once per
year, taxpayers shall calculate the factors for the previ-
ous calendar year for reporting in the current calendar
year and correct the reporting for the previous year
when the factors are calculated for that year, but not
later than the end of the first quarter of the following
year.
(h) "Taxable in the customer location" means
either that a taxpayer is subject to a gross receipts tax in
the customer location for the privilege of doing busi-
ness, or that the government where the customer is
located has the authority to subject the taxpayer to gross
receipts tax regardless of whether, in fact, the govern-
ment does so.
(5) Assignment or apportionment of revenue
under this section shall be made in accordance with and
in full compliance with the provisions of the interstate
commerce clause of the United States Constitution
where applicable. (Ord. 5028 §1 (part), 2007)
3.48.078 ALLOCATION AND
APPORTIONMENT OF PRINTING
AND PUBLISHING INCOME
WHEN ACTIVITIES TAKE PLACE
IN MORE THAN ONE (1)
JURISDICTION.
Notwithstanding RCW 35.102.130, effective Janu-
ary 1, 2008, gross income from the activities of printing,
and of publishing newspapers, periodicals, or maga-
zines, shall be allocated to the principal place in this
State from which the taxpayer’s business is directed or
managed. As used in this section, the activities of print-
ing, and of publishing newspapers, periodicals, or mag-
azines, have the same meanings as attributed to those
terms in RCW 82.04.280(1) by the Department of Rev-
enue. (Ord. 5028 §1 (part), 2007)
3.48.090 EXEMPTIONS.
(1) Nonprofit Corporations or Nonprofit Organi-
zations. This section shall not apply to nonprofit organi-
zations exempt from federal income tax under Section
501(c)(3) of the Internal Revenue Code, as hereafter
amended, except with respect to retail sales of such per-
sons.
(2) Health Maintenance Organization, Health Care
Service Contractor, Certified Health Plan. Beginning on
January 1, 2000, this chapter does not apply to any
health maintenance organization, health care service
contractor, or certified health plan in respect to premi-
ums or prepayments that are taxable under RCW
48.14.0201.
(3) Public Utilities. This chapter shall not apply to
any person in respect to a business activity with respect
to which tax liability is specifically imposed under the
provisions of Chapter 3.50 BMC.
(4) Investments - Dividends from Subsidiary Cor-
porations. This chapter shall not apply to amounts
derived by persons, other than those engaging in bank-
ing, loan, security, or other financial businesses, from
investments or the use of money as such, and also
amounts derived as dividends by a parent from its sub-
sidiary corporations.
(5) International Banking Facilities. This chapter
shall not apply to the gross receipts of an international
banking facility. As used in this subsection, an "interna-
(Revised 1/08)3.48-16
tional banking facility" means a facility represented by
a set of asset and liability accounts segregated on the
books and records of a commercial bank, the principal
office of which is located in this State, and which is
incorporated and doing business under the laws of the
United States or of this State, a United States branch or
agency of a foreign bank, an edge corporation organized
under Section 25(a) of the Federal Reserve Act, 12
United States Code 611-631, or an agreement corpora-
tion having an agreement or undertaking with the Board
of Governors of the Federal Reserve System under Sec-
tion 25 of the Federal Reserve Act, 12 United States
Code 601-604(a), that includes only international bank-
ing facility time deposits (as defined in subsection (a)(2)
of Section 204.8 of Regulation D (12 CFR Part 204), as
promulgated by the Board of Governors of the Federal
Reserve System), and international banking facility
extensions of credit (as defined in subsection (a)(3) of
Section 204.8 of Regulation D).
(6) Insurance Business. This chapter shall not
apply to amounts received by any person or agent who
is an insurer upon which a tax based on gross premiums
is paid to the State pursuant to RCW 48.14.020; pro-
vided, that the provisions of this subsection shall not
exempt any person engaging in the business of insur-
ance as a broker as defined in RCW 48.17.020 or as a
solicitor as defined in RCW 48.17.030; and provided
further, that the provisions of this subsection shall not
exempt any bonding company from tax with respect to
gross income derived from the completion of any con-
tract as to which it is a surety, or as to any liability as
successor to the liability of the defaulting contractor.
(7) Farmers - Agriculture. This chapter shall not
apply to any farmer in respect to amounts received from
selling fruits, vegetables, berries, butter, eggs, fish,
milk, poultry, meats or any other agricultural product
that is raised, caught, produced, or manufactured by
such persons.
(8) Athletic Exhibitions. This chapter shall not
apply to any person in respect to the business of con-
ducting boxing contests and sparring or wrestling
matches and exhibitions for the conduct of which a
license must be secured from the State Boxing Commis-
sion.
(9) Racing. This chapter shall not apply to any per-
son in respect to the business of conducting race meets
for the conduct of which a license must be secured from
the Washington State Horse Racing Commission.
(10)Ride Sharing. This chapter does not apply to
any funds received in the course of commuter ride shar-
ing or ride sharing for persons with special transporta-
tion needs in accordance with RCW 46.74.010.
(11)Employees. This chapter shall not apply to:
(a) Any person in respect to the person’s
employment in the capacity as an employee or servant
as distinguished from that of an independent contractor.
For the purposes of this subsection, the definition of
employee shall include those persons that are defined in
the Internal Revenue Code, as hereafter amended.
(b) A booth renter, as defined by RCW
18.16.020, is an independent contractor for purposes of
this chapter.
(12)Amounts Derived from Sale of Real Estate.
This chapter shall not apply to gross proceeds derived
from the sale of real estate. This, however, shall not be
construed to allow an exemption of amounts received as
commissions from the sale of real estate, nor as fees,
handling charges, discounts, interest or similar financial
charges resulting from, or relating to, real estate transac-
tions. This chapter shall also not apply to amounts
received for the rental of real estate if the rental income
is derived from a contract to rent for a continuous period
of thirty (30) days or longer.
(13)Mortgage Brokers’ Third-Party Provider Ser-
vices Trust Accounts. This chapter shall not apply to
amounts received from trust accounts to mortgage bro-
kers for the payment of third-party costs if the accounts
are operated in a manner consistent with RCW
19.146.050 and any rules adopted by the director of
financial institutions.
(14)Amounts Derived from Manufacturing, Selling
or Distributing Motor Vehicle Fuel. This chapter shall
not apply to the manufacturing, selling, or distributing
motor vehicle fuel, as the term "motor vehicle fuel" is
defined in RCW 82.36.010 and exempt under RCW
82.36.440; provided, that any fuel not subjected to the
State fuel excise tax, or any other applicable deduction
or exemption, will be taxable under this chapter.
(15)Amounts Derived from Liquor, and the Sale or
Distribution of Liquor. This chapter shall not apply to
liquor as defined in RCW 66.04.010 and exempt in
RCW 66.08.120.
(16)Casual and Isolated Sales. This chapter shall
not apply to the gross proceeds derived from casual or
isolated sales.
(17)Accommodation Sales. This chapter shall not
apply to sales for resale by persons regularly engaged in
the business of making retail sales of the type of prop-
erty so sold to other persons similarly engaged in the
business of selling such property where (a) the amount
paid by the buyer does not exceed the amount paid by
the seller to the vendor in the acquisition of the article;
and (b) the sale is made as an accommodation to the
buyer to enable the buyer to fill a bona fide existing
order of a customer or is made within fourteen (14) days
to reimburse in kind a previous accommodation sale by
the buyer to the seller.
(18)Taxes Collected as Trust Funds. This chapter
shall not apply to amounts collected by the taxpayer
from third parties to satisfy third-party obligations to
pay taxes such as the retail sales tax, use tax, and admis-
sion tax.
3.48-17 (Revised 1/08)
(19)Three (3) Year Exemption for Annexed Busi-
nesses. This chapter shall not apply to any person with
respect to a business activity conducted in an area that
has become part of the City by annexation; provided,
however, that the business premises of such person be
located in the said area on the date of annexation; and
provided further, that the exemption provided herein
shall cease at the expiration of twelve (12) full calendar
quarters following the date of such annexation. (Ord.
5028 §1 (part), 2007: Ord. 4988 §3, 2006: Ord. 4924 §4,
2004; Ord. 4843, Added, 01/03/2003)
3.48.100 DEDUCTIONS.
In computing the license fee or tax, there may be
deducted from the measure of tax the following items:
(1) Compensation from Public Entities for Health
or Social Welfare Services - Exception. In computing
tax, there may be deducted from the measure of tax
amounts received from the United States or any instru-
mentality thereof or from the State of Washington or
any municipal corporation or political subdivision
thereof as compensation for, or to support, health or
social welfare services rendered by a health or social
welfare organization (as defined in RCW 82.04.431) or
by a municipal corporation or political subdivision,
except deductions are not allowed under this subsection
for amounts that are received under an employee benefit
plan. For purposes of this subsection, "employee benefit
plan" includes the military benefits program authorized
in 10 U.S.C. Section 1071 et seq., as amended, or
amounts payable pursuant thereto.
(2) Interest on Investments or Loans Secured by
Mortgages or Deeds of Trust. In computing tax, there
may be deducted from the measure of tax by those
engaged in banking, loan, security or other financial
businesses, amounts derived from interest received on
investments or loans primarily secured by first mort-
gages or trust deeds on nontransient residential proper-
ties.
(3) Interest on Obligations of the State, Its Political
Subdivisions, and Municipal Corporations. In comput-
ing tax, there may be deducted from the measure of tax
by those engaged in banking, loan, security or other
financial businesses, amounts derived from interest paid
on all obligations of the State of Washington, its politi-
cal subdivisions, and municipal corporations organized
pursuant to the laws thereof.
(4) Interest on Loans to Farmers and Ranchers,
Producers or Harvesters of Aquatic Products, or Their
Cooperatives. In computing tax, there may be deducted
from the measure of tax amounts derived as interest on
loans to bona fide farmers and ranchers, producers or
harvesters of aquatic products, or their cooperatives by
a lending institution which is owned exclusively by its
borrowers or members and which is engaged solely in
the business of making loans and providing finance-
related services to bona fide farmers and ranchers, pro-
ducers or harvesters of aquatic products, their coopera-
tives, rural residents for housing, or persons engaged in
furnishing farm-related or aquatic-related services to
these individuals or entities.
(5) Receipts from Tangible Personal Property
Delivered Outside the State. In computing tax, there
may be deducted from the measure of tax under retailing
or wholesaling amounts derived from the sale of tangi-
ble personal property that is delivered by the seller to the
buyer or the buyer’s representative at a location outside
the State of Washington.
(6) Cash Discount Taken by Purchaser. In comput-
ing tax, there may be deducted from the measure of tax
the cash discount amounts actually taken by the pur-
chaser. This deduction is not allowed in arriving at the
taxable amount under the extracting or manufacturing
classifications with respect to articles produced or man-
ufactured, the reported values of which, for the purposes
of this tax, have been computed according to the "value
of product" provisions.
(7) Credit Losses of Accrual Basis Taxpayers. In
computing tax, there may be deducted from the measure
of tax the amount of credit losses actually sustained by
taxpayers whose regular books of account are kept upon
an accrual basis.
(8) Repair, Maintenance, Replacement, Etc., of
Residential Structures and Commonly Held Property -
Eligible Organizations.
(a) In computing tax, there may be deducted
from the measure of tax amounts used solely for repair,
maintenance, replacement, management, or improve-
ment of the residential structures and commonly held
property, but excluding property where fees or charges
are made for use by the public who are not guests
accompanied by a member, which are derived by:
(i) A cooperative housing association,
corporation, or partnership from a person who resides in
a structure owned by the cooperative housing associa-
tion, corporation, or partnership;
(ii) An association of owners of property
as defined in RCW 64.32.010, as now or hereafter
amended, from a person who is an apartment owner as
defined in RCW 64.32.010; or
(iii) An association of owners of residen-
tial property from a person who is a member of the asso-
ciation. "Association of owners of residential property"
means any organization of all the owners of residential
property in a defined area who all hold the same prop-
erty in common within the area.
(b) For the purposes of this subsection "com-
monly held property" includes areas required for com-
mon access such as reception areas, halls, stairways,
parking, etc., and may include recreation rooms, swim-
ming pools and small parks or recreation areas; but is
not intended to include more grounds than are normally
(Revised 1/08)3.48-18
required in a residential area, or to include such exten-
sive areas as required for golf courses, campgrounds,
hiking and riding areas, boating areas, etc.
(c) To qualify for the deductions under this
subsection:
(i) The salary or compensation paid to
officers, managers, or employees must be only for actual
services rendered and at levels comparable to the salary
or compensation of like positions within the county
wherein the property is located;
(ii) Dues, fees, or assessments in excess
of amounts needed for the purposes for which the
deduction is allowed must be rebated to the members of
the association;
(iii) Assets of the association or organiza-
tion must be distributable to all members and must not
inure to the benefit of any single member or group of
members.
(9) Sales at Wholesale or Retail of Precious Metal
Bullion and Monetized Bullion. In computing tax, there
may be deducted from the measure of the tax amounts
derived from the sale at wholesale or retail of precious
metal bullion and monetized bullion. However, no
deduction is allowed on amounts received as commis-
sions upon transactions for the accounts of customers
over and above the amount paid to other dealers associ-
ated in such transactions, and no deduction or offset is
allowed against such commissions on account of salaries
or commissions paid to salesmen or other employees.
(10)Amounts Representing Rental of Real Estate
for Boarding Homes. In computing tax, there may be
deducted from the measure of tax amounts representing
the value of the rental of real estate for "boarding
homes." To qualify for the deduction, the boarding
home must meet the definition of "boarding home," and
be licensed by the State of Washington under Chapter
18.20 RCW. The deduction shall be in the amount of
twenty-five (25) percent of the gross monthly billing
when the boarder has resided within the boarding home
for longer than thirty (30) days.
(11)Radio and Television Broadcasting - Advertis-
ing Agency Fees - National, Regional, and Network
Advertising - Interstate Allocations. In computing tax,
there may be deducted from the measure of tax by radio
and television broadcasters amounts representing the
following:
(a) Advertising agencies’ fees when such fees
or allowances are shown as a discount or price reduction
in the billing or that the billing is on a net basis, i.e., less
the discount;
(b) Actual gross receipts from national, net-
work, and regional advertising or a "standard deduction"
as provided by RCW 82.04.280; and
(c) Local advertising revenue that represents
advertising which is intended to reach potential custom-
ers of the advertiser who are located outside the State of
Washington. The Director may issue a rule that provides
detailed guidance as to how these deductions are to be
calculated.
(12)Constitutional Prohibitions. In computing tax,
there may be deducted from the measure of the tax
amounts derived from business which the City is prohib-
ited from taxing under the Constitution of the State of
Washington or the Constitution of the United States.
(13)Receipts from the Sale of Tangible Personal
Property and Retail Service Delivered Outside the City
but Within Washington. Effective January 1, 2008,
amounts included in the gross receipts reported on the
tax return derived from the sale of tangible personal
property and retail service delivered to the buyer or the
buyer’s representative outside the City but within the
State of Washington may be deducted from the measure
of tax under the retailing, retail services, or wholesaling
classification.
(14)Professional Employer Services. In computing
the tax, a professional employer organization may
deduct from the calculation of gross income the gross
income of the business derived from performing profes-
sional employer services that is equal to the portion of
the fee charged to a client that represents the actual cost
of wages and salaries, benefits, workers’ compensation,
payroll taxes, withholding, or other assessments paid to
or on behalf of a covered employee by the professional
employer organization under a professional employer
agreement. (Ord. 5028 §1 (part), 2007: Ord. 4843,
Added, 01/03/2003)
3.48.120 TAX PART OF OVERHEAD.
It is not the intention of this chapter that the taxes or
fees herein levied upon persons engaging in business be
construed as taxes or fees upon the purchasers or cus-
tomer, but that such taxes or fees shall be levied upon,
and collectible from, the person engaging in the busi-
ness activities herein designated and that such taxes or
fees shall constitute a part of the cost of doing business
of such persons. (Ord. 5028 §1 (part), 2007: Ord. 4843,
Added, 01/03/2003)
3.48.125 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. 5028 §1 (part), 2007: Ord. 4843,
Added, 01/03/2003)
3.48.130 SEVERABILITY CLAUSE.
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. 5028 §1 (part), 2007: Ord. 4843, Added,
01/03/2003)
3.64-1 (Revised 1/08)
Chapter 3.64
LODGING TAX FUND
Sections:
3.64.010 ADMINISTRATIVE
PROVISIONS.
3.64.020 TAX - GENERALLY.
3.64.030 TAX - IMPOSITION.
3.64.040 DEFINITIONS.
3.64.050 TAX - ADDITIONAL TO
OTHERS.
3.64.060 FUND CREATED - USE OF
FUNDS.
3.64.070 TAX - ADMINISTRATION AND
COLLECTION.
3.64.010 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC
entitled "Administrative Provisions for Taxes" shall be
fully applicable to the provisions of this chapter except
as expressly stated to the contrary herein. (Ord. 5001 §2
(part), 2007)
3.64.020 TAX - GENERALLY.
There is levied a two (2) percent special excise tax
to be reimbursed to the City from the State sales tax as
provided in RCW 67.28.180 and there is levied an addi-
tional two (2) percent special excise tax as provided in
RCW 67.28.181. (Ord. 5001 §2 (part), 2007: Ord. 4633,
Amended, 08/08/1998; Ord. 3119 §1 (in part), 1974.
Formerly 3.64.010)
3.64.030 TAX - IMPOSITION.
As provided above there is levied a special excise
tax of four (4) percent on the sale of or charge made for
the furnishing of lodging by a hotel, rooming house,
tourist court, motel, trailer camp, and the granting of any
similar license to use real property as distinguished from
the renting or leasing of real property; provided, that it
shall be presumed that the occupancy of real property
for a continuous period of one (1) month or more consti-
tutes a rental or lease of real property and not a mere
license to use or to enjoy the same. (Ord. 5001 §2 (part),
2007: Ord. 4633, Amended, 08/08/1998; Ord. 3119
§1(a), 1974. Formerly 3.64.020)
3.64.040 DEFINITIONS.
For the purposes of this chapter, the definitions set
forth in Chapter 3.48 BMC shall apply to this chapter as
applicable. In addition, the following definitions will
apply:
(a) The definitions of "selling price," "seller,"
"buyer," "consumer" and all other definitions as are now
contained in RCW 82.08.010, as currently enacted or
hereinafter amended are hereby adopted by reference as
if fully set forth herein.
(b) The definitions of the terms "acquisition,"
"municipality," "operation," "person," "tourism," "tour-
ism promotion," "tourism-related facility" and "tourist"
set forth in RCW 67.28.080, as currently enacted or
hereinafter amended, are hereby adopted by reference as
if fully set forth herein. (Ord. 5001 §2 (part), 2007: Ord.
3119 §1(b), 1974. Formerly 3.64.030)
3.64.050 TAX - ADDITIONAL TO OTHERS.
The tax levied in this chapter shall be in addition to
any license fee or any tax imposed or levied under any
law or any other ordinance of the City. (Ord. 5001 §2
(part), 2007: Ord. 3119 §1(c), 1974. Formerly 3.64.040)
3.64.060 FUND CREATED - USE OF FUNDS.
Pursuant to RCW 67.28.1815, there is created a
special fund in the treasury of the City and all taxes col-
lected under this chapter shall be placed in this special
fund to be used solely for the purpose of paying all or
any part of the cost of tourism promotion, or acquisition
of or operation of tourism-related facilities or to pay for
other uses as authorized in Chapter 67.28 RCW, as now
permitted or hereafter amended. Until withdrawn for
use, the monies accumulated in such fund may be
invested by the City in any manner authorized by law.
(Ord. 5001 §2 (part), 2007: Ord. 4633, Amended,
08/08/1998; Ord. 3630 §1, 1981; Ord. 3119 §1(D),
1974. Formerly 3.64.050)
3.64.070 TAX - ADMINISTRATION AND
COLLECTION.
For the purposes of the tax levied in this chapter:
(a) The Department of Revenue of the State is des-
ignated as the agent of the City for the purpose of collec-
tion and administration.
(b) The administrative provisions contained in
RCW 82.08.050 through 82.08.070 and in Chapter
82.32 RCW shall apply with respect to administration
and collection by the Department.
(c) All rules and regulations adopted by the
Department of Revenue for the administration of Chap-
ter 82.08 RCW are adopted.
(d) The Department is empowered, on behalf of
the City, to prescribe such special forms and reporting
procedures as the Department may deem necessary.
(Ord. 5001 §2 (part), 2007: Ord. 4633, Amended,
08/08/1998; Ord. 3119 §1(E), 1974. Formerly 3.64.060)
3.86-1 (Revised 1/08)
Chapter 3.86
ADMINISTRATIVE PROVISIONS FOR TAXES
Sections:
3.86.015 APPLICATION OF CHAPTER
STATED.
3.86.020 DEFINITIONS.
3.86.025 DEFINITIONS - REFERENCES
TO CHAPTER 82.32 RCW.
3.86.030 BUSINESS LICENSES.
3.86.040 WHEN DUE AND PAYABLE -
REPORTING PERIODS -
MONTHLY, QUARTERLY, AND
ANNUAL RETURNS -
THRESHOLD PROVISIONS OR
RELIEF FROM FILING
REQUIREMENTS -
COMPUTING TIME PERIODS -
FAILURE TO FILE RETURNS.
3.86.050 PAYMENT METHODS -
MAILING RETURNS OR
REMITTANCES - TIME
EXTENSION - DEPOSITS -
RECORDING PAYMENTS -
PAYMENT MUST
ACCOMPANY RETURN - NSF
CHECKS.
3.86.060 RECORDS TO BE PRESERVED
- EXAMINATION - ESTOPPEL
TO QUESTION ASSESSMENT.
3.86.070 ACCCOUNTING METHODS.
3.86.080 PUBLIC WORK CONTRACTS -
PAYMENT OF FEE AND TAX
BEFORE FINAL PAYMENT
FOR WORK.
3.86.090 UNDERPAYMENT OF TAX,
INTEREST OR PENALTY -
INTEREST.
3.86.095 TIME IN WHICH ASSESSMENT
MAY BE MADE.
3.86.100 OVERPAYMENT OF TAX,
PENALTY, OR INTEREST -
CREDIT OR REFUND -
INTEREST RATE - STATUTE
OF LIMITATIONS.
3.86.110 LATE PAYMENT - DISREGARD
OF WRITTEN INSTRUCTIONS
- EVASION - PENALTIES.
3.86.120 CANCELLATION OF
PENALTIES.
3.86.130 TAXPAYER QUITTING
BUSINESS - LIABILITY OF
SUCCESSOR.
3.86.140 ADMINISTRATIVE APPEAL.
3.86.160 DIRECTOR TO MAKE RULES.
3.86.170 ANCILLARY ALLOCATION
AUTHORITY OF DIRECTOR.
3.86.180 MAILING OF NOTICES.
3.86.190 TAX DECLARED
ADDITIONAL.
3.86.200 PUBLIC DISCLOSURE -
CONFIDENTIALITY -
INFORMATION SHARING.
3.86.210 TAX CONSTITUTES DEBT.
3.86.220 UNLAWFUL ACTIONS -
VIOLATION - PENALTIES.
3.86.230 SUSPENSION OR
REVOCATION OF BUSINESS
LICENSE.
3.86.240 CLOSING AGREEMENT
PROVISIONS.
3.86.250 CHARGE-OFF OF
UNCOLLECTIBLE TAXES.
3.86.260 SEVERABILITY.
3.86.015 APPLICATION OF CHAPTER
STATED.
The provisions of this chapter shall apply with
respect to the licenses and taxes imposed under Chapter
5.02 BMC, "General Business Licenses," Chapter 3.48
BMC, "Business and Occupation Taxes," Chapter 3.50
BMC, "Utility Taxes," and under other titles, chapters,
and sections in such manner and to such extent as indi-
cated in each such title, chapter or section. (Ord. 5028
§2 (part), 2007: Ord. 4845, Added, 01/03/2003)
3.86.020 DEFINITIONS.
For purposes of this chapter:
The definitions contained in Chapter 3.48 BMC
shall apply equally to the provisions of this chapter
unless the term is defined otherwise in this chapter. In
addition, the following definitions will apply:
"Reporting period" means:
(1) A one (1) month period beginning the first day
of each calendar month (monthly); or
(2) A three (3) month period beginning the first
day of January, April, July or October of each year
(quarterly); or
(3) A twelve (12) month period beginning the first
day of January of each year (annual).
"Return" means any document a person is required by
the City to file to satisfy or establish a tax or fee obliga-
tion that is administered or collected by the City and that
has a statutorily defined due date.
"Successor" means any person to whom a taxpayer
quitting, selling out, exchanging, or disposing of a busi-
ness sells or otherwise conveys, directly or indirectly, in
bulk and not in the ordinary course of the taxpayer’s
business, any part of the materials, supplies, merchan-
(Revised 1/08)3.86-2
dise, inventory, fixtures, or equipment of the taxpayer.
Any person obligated to fulfill the terms of a contract
shall be deemed a successor to any contractor defaulting
in the performance of any contract as to which such per-
son is a surety or guarantor.
"Tax year" or "taxable year" means the calendar
year. (Ord. 5028 §2 (part), 2007: Ord. 4845, Added,
01/03/2003)
3.86.025 DEFINITIONS - REFERENCES TO
CHAPTER 82.32 RCW.
Where provisions of Chapter 82.32 RCW are incor-
porated in BMC 3.86.090, "Department" as used in the
RCW shall refer to the "Director" as defined in BMC
3.48.030 and "warrant" as used in the RCW shall mean
"citation or criminal complaint." (Ord. 5028 §2 (part),
2007)
3.86.030 BUSINESS LICENSES.
Business licenses shall be issued pursuant to Chap-
ter 5.02 BMC. (Ord. 5028 §2 (part), 2007)
3.86.040 WHEN DUE AND PAYABLE -
REPORTING PERIODS -
MONTHLY, QUARTERLY, AND
ANNUAL RETURNS -
THRESHOLD PROVISIONS OR
RELIEF FROM FILING
REQUIREMENTS - COMPUTING
TIME PERIODS - FAILURE TO
FILE RETURNS.
(1) Other than any annual license fee or registra-
tion fee assessed under Chapter 5.02 BMC, the tax
imposed by those chapters set forth in BMC 3.86.015
shall be due and payable in quarterly installments unless
otherwise specifically provided for therein. At the
Director’s discretion, businesses may be assigned to a
monthly or annual reporting period depending on the tax
amount owing or type of tax. Tax payments are due on
or before the last day of the next month following the
end of the assigned reporting period covered by the
return.
(2) Taxes shall be paid as provided in this chapter
and accompanied by a return on forms as prescribed by
the Director. The return shall be signed by the taxpayer
personally or by a responsible officer or agent of the tax-
payer. The individual signing the return shall swear or
affirm that the information in the return is complete and
true.
(3) Tax returns must be filed and returned by the
due date whether or not any tax is owed.
(4) For purposes of the tax imposed by Chapter
3.48 BMC, any person whose value of products, gross
proceeds of sales, or gross income of the business, sub-
ject to tax after all allowable deductions, is equal to or
less than sixty thousand dollars ($60,000) in the current
calendar year shall file a return, declare no tax due on
their return, and submit the return to the Director. The
gross receipts, deduction amounts and exemptions shall
be entered on the tax return even though no tax may be
due.
(5) A taxpayer that commences to engage in busi-
ness activity shall file a return and pay the tax or fee for
the portion of the reporting period during which the tax-
payer is engaged in business activity.
(6) Except as otherwise specifically provided by
any other provision of this chapter, in computing any
period of days prescribed by this chapter, the day of the
act or event from which the designated period of time
runs shall not be included. The last day of the period
shall be included unless it is a Saturday, Sunday, or City
or federal legal holiday, in which case the last day of
such period shall be the next succeeding day which is
neither a Saturday, Sunday, or City or federal legal hol-
iday.
(7) If any taxpayer fails, neglects or refuses to
make a return as and when required in this chapter, the
Director is authorized to determine the amount of the tax
or fees payable by obtaining facts and information upon
which to base the Director’s estimate of the tax or fees
due. Such assessment shall be deemed prima facie cor-
rect and shall be the amount of tax owed to the City by
the taxpayer. The Director shall notify the taxpayer by
mail of the amount of tax so determined, together with
any penalty, interest, and fees due; the total of such
amounts shall thereupon become immediately due and
payable. (Ord. 5028 §2 (part), 2007: Ord. 4845, Added,
01/03/2003)
3.86.050 PAYMENT METHODS - MAILING
RETURNS OR REMITTANCES -
TIME EXTENSION - DEPOSITS -
RECORDING PAYMENTS -
PAYMENT MUST ACCOMPANY
RETURN - NSF CHECKS.
(1) Taxes shall be paid to the Director in United
States currency by bank draft, certified check, cashier’s
check, personal check, money order, cash, or by wire
transfer or electronic payment if such wire transfer or
electronic payment is authorized by the Director. If pay-
ment so received is not paid by the bank on which it is
drawn, the taxpayer, by whom such payment is ten-
dered, shall remain liable for payment of the tax and for
all legal penalties, the same as if such payment had not
been tendered. Acceptance of any sum by the Director
shall not discharge the tax or fee due unless the amount
paid is the full amount due.
(2) A return or remittance that which is transmitted
to the City by United States mail shall be deemed filed
or received on the date shown by the cancellation mark
stamped by the Post Office upon the envelope contain-
ing it. The Director may allow electronic filing of
3.86-3 (Revised 1/08)
returns or remittances from any taxpayer. A return or
remittance which is transmitted to the City electroni-
cally shall be deemed filed or received according to pro-
cedures set forth by the Director.
(3) If a written request is received prior to the due
date, the Director, for good cause, may grant, in writing,
additional time within which to make and file returns.
(4) The Director shall keep full and accurate
records of all funds received or refunded. The Director
shall apply payments first against all penalties and inter-
est owing, and then upon the tax, without regard to any
direction of the taxpayer.
(5) For any return not accompanied by a remit-
tance of the tax shown to be due thereon, the taxpayer
shall be deemed to have failed or refused to file a return
and shall be subject to the penalties and interest pro-
vided in this chapter.
(6) Any payment made that is returned for lack of
sufficient funds or for any other reason will not be con-
sidered received until payment by certified check,
money order, or cash of the original amount due, plus a
"non-sufficient funds" (NSF) charge of forty dollars
($40.00) is received by the Director. Any license issued
upon payment with a NSF check will be considered
void, and shall be returned to the Director. No license
shall be reissued until payment (including the forty dol-
lars ($40.00) NSF fee) is received.
(7) The Director is authorized, but not required, to
mail tax return forms to taxpayers, but failure of the tax-
payer to receive any such forms shall not excuse the tax-
payer from filing returns and making payment of the
taxes or fees, when and as due under this chapter. (Ord.
5028 §2 (part), 2007: Ord. 4845, Added, 01/03/2003)
3.86.060 RECORDS TO BE PRESERVED -
EXAMINATION - ESTOPPEL TO
QUESTION ASSESSMENT.
Every person liable for any fee or tax imposed by
this chapter shall keep and preserve, for a period of five
(5) years after filing a tax return, such records as may be
necessary to determine the amount of any fee or tax for
which the person may be liable; which records shall
include copies of all federal income tax and State tax
returns and reports made by the person. All books,
records, papers, invoices, vendor lists, inventories,
stocks of merchandise, and other data including federal
income tax and State tax returns and reports shall be
open for examination at any time by the Director or its
duly authorized agent. Every person’s business pre-
mises shall be open for inspection or examination by the
Director or a duly authorized agent.
(1) If a person does not keep the necessary books
and records within the City, it shall be sufficient if such
person (a) produces within the City such books and
records as may be required by the Director, or (b) bears
the cost of examination by the Director’s agent at the
place where such books and records are kept; provided,
that the person electing to bear such cost shall pay in
advance to the Director the estimated amount thereof
including round-trip fare, lodging, meals and incidental
expenses, subject to adjustment upon completion of the
examination.
(2) Any person who fails, or refuses a Department
request, to provide or make available records, or to
allow inspection or examination of the business pre-
mises, shall be forever barred from questioning in any
court action, the correctness of any assessment of taxes
made by the City for any period for which such records
have not been provided, made available or kept and pre-
served, or in respect of which inspection or examination
of the business premises has been denied. The Director
is authorized to determine the amount of the tax or fees
payable by obtaining facts and information upon which
to base the estimate of the tax or fees due. Such fee or
tax assessment shall be deemed prima facie correct and
shall be the amount of tax owing the City by the tax-
payer. The Director shall notify the taxpayer by mail the
amount of tax so determined, together with any penalty,
interest, and fees due; the total of such amounts shall
thereupon become immediately due and payable. (Ord.
5028 §2 (part), 2007: Ord. 4845, Added, 01/03/2003)
3.86.070 ACCOUNTING METHODS.
(1) A taxpayer may file tax returns in each report-
ing period with amounts based upon cash receipts only
if the taxpayer’s books of account are kept on a cash
receipts basis. A taxpayer that does not regularly keep
books of account on a cash receipts basis must file
returns with amounts based on the accrual method.
(2) The taxes imposed and the returns required,
hereunder, shall be upon a calendar year basis. (Ord.
5028 §2 (part), 2007: Ord. 4845, Added, 01/03/2003)
3.86.080 PUBLIC WORK CONTRACTS -
PAYMENT OF FEE AND TAX
BEFORE FINAL PAYMENT FOR
WORK.
The Director may, before issuing any final payment
to any person performing any public work contract for
the City, require such person to pay in full all license
fees or taxes due under this title from such person on
account of such contract or otherwise, and may require
such taxpayer to file with the Director a verified list of
all subcontractors supplying labor and/or materials to
the person in connection with said public work. (Ord.
5028 §2 (part), 2007: Ord. 4845, Added, 01/03/2003)
3.86.090 UNDERPAYMENT OF TAX,
INTEREST, OR PENALTY -
INTEREST.
(1) If, upon examination of any returns, or from
other information obtained by the Director, it appears
(Revised 1/08)3.86-4
that a tax or penalty less than that properly due has been
paid, the Director shall assess the additional amount
found to be due and shall add thereto interest on the tax
only. The Director shall notify the person by mail of the
additional amount, which shall become due and shall be
paid within thirty (30) days from the date of the notice,
or within such time as the Director may provide in writ-
ing.
(2) Interest Calculation on Underpayments.
(a) Interest on underpayments of taxes for
periods prior to January 1, 2003, shall be computed from
the date of underpayment until paid at a rate of one (1)
percent for each month, or portion thereof, compounded
monthly.
(b) Interest imposed on or after January 1,
2003, shall be computed from the last day of the month
following the end of the reporting period and will con-
tinue to accrue until payment is made. In case of an
audit, the interest shall be computed from the first day of
the month following each calendar year or portion
thereof included in the audit period. The rate of interest
to be charged to the taxpayer shall be an average of the
federal short-term rate as defined in 26 U.S.C. Section
1274(d) plus two (2) percentage points. The rate shall be
computed by taking an arithmetical average to the near-
est percentage point of the federal short-term rate, com-
pounded annually, for the months of January, April,
July, and October of the year immediately preceding the
calendar year as published by the United States Secre-
tary of the Treasury. The rate shall be adjusted on the
first day of January of each year for use in computing
interest for that calendar year.
(c) For tax periods after December 31, 2004,
the Director shall compute interest in accordance with
RCW 82.32.050 as it now exists or as it may be
amended. If incorporation herein of future amendments
to RCW 82.32.050 is deemed invalid, then the provi-
sions of RCW 82.32.050 existing at the effective date of
the ordinance codified in this subsection shall apply.
(Ord. 5028 §2 (part), 2007: Ord. 4845, Added,
01/03/2003)
3.86.095 TIME IN WHICH ASSESSMENT
MAY BE MADE.
The Director shall not assess, or correct an assess-
ment for, additional taxes, penalties, or interest due
more than four (4) years after the close of the calendar
year in which they were incurred, except that the Direc-
tor may issue an assessment:
(1) Against a person who is not currently regis-
tered or licensed or has not filed a tax return as required
by this chapter for taxes due within the period com-
mencing ten (10) years prior to the close of the calendar
year in which the person was contacted in writing by the
Director;
(2) Against a person that has committed fraud or
who misrepresented a material fact; or
(3) Against a person that has executed a written
waiver of such limitations. (Ord. 5028 §2 (part), 2007:
Ord. 4845, Added, 01/03/2003. Formerly 3.86.090(3))
3.86.100 OVERPAYMENT OF TAX,
PENALTY, OR INTEREST -
CREDIT OR REFUND - INTEREST
RATE - STATUTE OF
LIMITATIONS.
(1) If, upon receipt of an application for a refund,
or during an audit or examination of the taxpayer’s
records and tax returns, the Director determines that the
amount of tax, penalty, or interest paid is in excess of
that properly due, the excess amount shall be credited to
the taxpayer’s account or shall be refunded to the tax-
payer. Except as provided in subsection (2) of this sec-
tion, no refund or credit shall be made for taxes,
penalties, or interest paid more than four (4) years prior
to the beginning of the calendar year in which the refund
application is made or examination of records is com-
pleted.
(2) The execution of a written waiver shall extend
the time for applying for, or making a refund or credit of
any taxes paid during, or attributable to, the years cov-
ered by the waiver if, prior to the expiration of the
waiver period, an application for refund of such taxes is
made by the taxpayer or the Director discovers that a
refund or credit is due.
(3) Refunds shall be made by means of vouchers
approved by the Director and by the issuance of a City
check or warrants drawn upon and payable from such
funds as the City may provide.
(4) Any final judgment for which a recovery is
granted by any court of competent jurisdiction for tax,
penalties, interest, or costs paid by any person shall be
paid in the same manner, as provided in subsection (3)
of this section, upon the filing with the Director a certi-
fied copy of the order or judgment of the court.
(5) Interest Calculation on Refunds or Overpay-
ments.
(a) Interest on overpayments of taxes for peri-
ods ending prior to January 1, 2003, shall be computed
at three (3) percent per annum.
(b) Interest on overpayments of taxes for peri-
ods beginning on or after January 1, 2003, shall be an
average of the federal short-term rate as defined in 26
U.S.C. Section 1274(d) less two (2) percentage points.
The rate shall be computed by taking an arithmetical
average to the nearest percentage point of the federal
short-term rate, compounded annually, for the months
of January, April, July, and October of the year immedi-
3.86-5 (Revised 1/08)
ately preceding the calendar year as published by the
United States Secretary of the Treasury. The rate shall
be adjusted on the first day of January of each year for
use in computing interest for that calendar year.
(c) For tax periods after December 31, 2004,
the Director shall compute interest on refunds or credits
of amounts paid or other recovery allowed a taxpayer in
accordance with RCW 82.32.060 as it now exists or as
it may be amended. If incorporation herein of future
amendments to RCW 82.32.060 is deemed invalid, then
the provisions of RCW 82.32.060 existing at the effec-
tive date of the ordinance codified in this subsection
shall apply. (Ord. 5028 §2 (part), 2007: Ord. 4845,
Added, 01/03/2003)
3.86.110 LATE PAYMENT - DISREGARD
OF WRITTEN INSTRUCTIONS -
EVASION - PENALTIES.
(1) If the Director does not receive a return or pay-
ment of any tax due on a return by the due date, the
Director shall add a penalty in accordance with RCW
82.32.090(1), as it now exists or as it may be amended.
(2) If the Director determines that any tax has been
substantially underpaid as defined in RCW
82.32.090(2), there shall be added a penalty in accor-
dance with RCW 82.32.090(2), as it now exists or as it
may be amended.
(3) If a citation or criminal complaint is issued by
the Director for the collection of taxes, fees, assess-
ments, interest or penalties, there shall be added thereto
a penalty in accordance with RCW 82.32.090(3), as it
now exists or as it may be amended.
(4) If the Director finds that a person has engaged
in any business or performed any act upon which a tax
is imposed under this title and that person has not
obtained from the Director a business license as required
by Chapter 5.02 BMC, the Director shall impose a pen-
alty in accordance with RCW 82.32.090(4), as it now
exists or as it may be amended. No penalty shall be
imposed under this subsection (4) if the person who has
engaged in business without a license obtains a license
prior to being notified by the Director of the need to be
licensed.
(5) If the Director determines that all or any part of
a deficiency resulted from the taxpayer’s failure to fol-
low specific written tax reporting instructions, there
shall be assessed a penalty in accordance with RCW
82.32.090(5), as it now exists or as it may be amended.
(6) If the Director finds that all or any part of the
deficiency resulted from an intent to evade the tax pay-
able, the Director shall assess a penalty in accordance
with RCW 82.32.090(6), as it now exists or as it may be
amended.
(7) The penalties imposed under subsections (1)
through (5) of this section can each be imposed on the
same tax found to be due. This subsection does not pro-
hibit or restrict the application of other penalties autho-
rized by law.
(8) The Director shall not impose both the evasion
penalty and the penalty for disregarding specific written
instructions on the same tax found to be due.
(9) For the purposes of this section, "return" means
any document a person is required by the City to file to
satisfy or establish a tax or fee obligation that is admin-
istered or collected by the City, and that has a statutorily
defined due date.
(10)If incorporation herein of future amendments
to RCW 82.32.090 is deemed invalid, then the provi-
sions of RCW 82.32.090 existing at the effective date of
the ordinance codified in this subsection shall apply.
(Ord. 5028 §2 (part), 2007: 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) of this section.
(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 (1) 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. 5028 §2 (part), 2007:
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
(Revised 1/08)3.86-6
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 assess-
ment.
(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. 5028 §2 (part), 2007: 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. 5028
§2 (part), 2007: 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. 5028 §2 (part), 2007: 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;
(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-
gible gross receipts tax to more than one (1) 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. 5028 §2 (part), 2007: 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. 5028 §2 (part), 2007: 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.
5028 §2 (part), 2007: 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.
3.86-7 (Revised 1/08)
(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 section
is guilty of a misdemeanor, and if the person violating
this privacy requirement is an officer or employee of the
City, such person may be required to forfeit their office
or employment. (Ord. 5028 §2 (part), 2007: 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. 5028 §2 (part), 2007: 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;
(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 subsec-
tion (1) of this section 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, including, but not limited to,
enforcement of assessment of penalties pursuant to
BMC 3.86.110.
(b) Criminal Penalties. In addition to the fore-
going penalties, any person who violates or fails to com-
ply with subsection (1) of this section 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 subsection (2)(a) of this section, 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 subsection (2)(a) of this section.
(Revised 1/08)3.86-8
(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 Municipal
Code or State law. (Ord. 5028 §2 (part), 2007: Ord.
4845, Added, 01/03/2003)
3.86.230 SUSPENSION OR REVOCATION
OF BUSINESS LICENSE.
The Director, or designee, shall have the power and
authority to suspend or revoke any business license pur-
suant to Chapter 5.02 BMC. (Ord. 5028 §2 (part), 2007)
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. 5028 §2 (part), 2007: 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. 5028 §2 (part), 2007: 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. 5028 §2 (part), 2007: Ord. 4845, Added,
01/03/2003)
6.04-1 (Revised 1/08)
Chapter 6.04
GARBAGE AND REFUSE
Sections:
6.04.010 TERRITORY INCLUDED.
6.04.020 MANDATORY COLLECTION,
REMOVAL AND DISPOSAL OF
GARBAGE AND REFUSE.
6.04.030 DEFINITIONS.
6.04.040 ACCUMULATION AND
DISPOSAL OF REFUSE.
6.04.050 UNLAWFUL DISPOSAL.
6.04.055 DIVERSION OF
RECYCLABLES.
6.04.070 TIME OF COLLECTION.
6.04.080 SEPARATION OF REFUSE.
6.04.090 APPEALS.
6.04.120 PAYMENT OF CHARGES.
6.04.130 SCHEDULE OF FEES.
6.04.160 VIOLATION - PENALTY.
6.04.010 TERRITORY INCLUDED.
This chapter shall apply to all territory included
within the corporate limits of the City. (Ord. 4431 §1 (in
part), 1993; Ord. 1905 §1, 1950)
6.04.020 MANDATORY COLLECTION,
REMOVAL AND DISPOSAL OF
GARBAGE AND REFUSE.
The maintenance of health and sanitation require,
and it is the intention hereof, to make the collection,
removal and disposal of garbage and refuse within the
City mandatory. Property with existing residential uses
annexed to the City after January 1, 2007, to which man-
datory collection is not being provided on the date of
annexation, are exempt from mandatory collection
unless ordered to obtain service by the City Hearing
Examiner in a code enforcement proceeding due to pub-
lic health and safety concerns. This annexation exemp-
tion applies until such time as title to the property is
transferred to a new owner. (Ord. 5000 §1, 2007: Ord.
4431 §1 (in part), 1993; Ord. 1905 §2, 1950)
6.04.030 DEFINITIONS.
(a) "Refuse" includes garbage, rubbish, ashes,
swill and all other nonputrescible and putrescible wastes
except sewage, from all public and private establish-
ments and residences.
(b) "Garbage" includes all putrescible wastes,
except sewage and body wastes, including vegetable
and animal offal and carcasses of dead animals, but not
including recognized industrial by-products, and shall
include all such substances from all public and private
establishments and from all residences.
(c) "Rubbish" includes all nonputrescible wastes,
including, but not limited to:
(1) Broken or discarded furniture, household
equipment, appliances and furnishings, and personal
belongings;
(2) Salvage materials and automobile parts,
including, but not limited to, tires, wheels, engine parts,
body parts, interior parts and auto glass; and
(3) Abandoned, broken or neglected equip-
ment and machinery.
(d) "Ashes" includes the solid waste products of
coal, wood and other fuels used for heating and cooking
from all public and private establishments and from all
residences.
(e) "Swill," as used in this chapter, includes every
refuse accumulation of animal, fruit or vegetable matter,
liquid or otherwise, that attends the preparation, use,
cooking, dealing in or storing of meat, fish, fowl, fruit,
and vegetables, except coffee grounds.
(f) "Health Officer" means an enforcement officer
of the Kitsap County Health District.
(g) "Cans" means strong, watertight, not easily
corrodible, rodent-proof, insect-proof containers of the
type normally manufactured and used to contain gar-
bage and shall have two (2) handles at the sides thereof
and a tight-fitting, fly-proof, insect-proof lid of solid
construction.
(h) "Mini cans" means cans of no more than
twenty (20) gallons capacity in volume nor forty (40)
pounds in weight, including contents.
(i) "Standard trash cans" means cans of no more
than thirty-two (32) gallons or four (4) cubic feet of
capacity nor sixty-five (65) pounds in weight, including
contents.
(j) "Yard waste" means grass clippings, leaves,
loose plant material, and branches or sticks four (4)
inches in diameter or less and four (4) feet or less in
length. Yard waste shall not include any substance oth-
erwise within this definition that has been contaminated
by hazardous waste, fecal matter, or any other substance
that will inhibit the natural decomposition of the yard
waste. (Ord. 4823, Amended, 11/05/2002; Ord. 4431 §1
(in part), 1993; Ord. 4250 §1, 1989; Ord. 1905 §3, 1950)
6.04.040 ACCUMULATION AND DISPOSAL
OF REFUSE.
(a) It shall be the duty of every person who owns
or is in possession, charge, or in control of any dwelling,
flat, roominghouse, group home, apartment house or
other multi-residential unit, hospital, school, hotel, club,
restaurant, boarding house, or eating place, or who owns
or is in possession, charge or control of any shop, place
of business or manufacturing establishment where gar-
(Revised 1/08)6.04-2
bage, refuse, or swill is created or accumulated, at all
times to keep or cause to be kept portable appurte-
nances, metal or other approved containers in sufficient
numbers, for the deposit therein of garbage, refuse, and
recyclables, and to deposit or cause to be deposited the
same therein. Upon request, the garbage collector may
provide a solid waste container larger than the standard
garbage container that may be suitable for automated
pick up. Yard waste may be collected at the place where
garbage containers are left, in containers or bundled so
that they will not be scattered by the wind or tipping
over of the container and can be easily picked up by the
collector.
(b) The lids on garbage containers shall not be
removed, except when necessary to place garbage and
refuse in such cans or take the same therefrom. When
garbage and refuse is placed therein or taken therefrom,
such lid shall be securely replaced by the person placing
the same therein or taking the same therefrom. Such
containers shall be kept in a sanitary condition with the
outside thereof clean and free from accumulative grease
and decomposing material. Each container shall be kept
in a place easily accessible to the garbage truck on col-
lection day and shall be removed from the City right-of-
way between collection days. The property owner and
occupant is responsible for ensuring that the lids are
properly secured on the containers and that said contain-
ers are removed from the right-of-way between collec-
tion days.
(c) Each garbage can shall be kept clean inside and
out so that no odor nuisance shall exist.
(d) In the case of isolated dwellings or places of
business located in sparsely settled portions of the City,
or where reasonable access cannot be made by truck,
garbage and refuse therefrom may, upon special
arrangement with the garbage collector, be otherwise
collected, removed and disposed of. Garbage and swill
shall not be disposed of upon private premises by incin-
eration.
(e) Large suitable containers for collection of both
garbage and refuse may, with the approval of the collec-
tor, be used by hotels, restaurants, boarding houses, eat-
ing places, apartment houses and other multi-residential
units, schools and hospitals, and in the business district.
(f) Except as provided in BMC 6.04.020, it shall
be the duty of every person to cause garbage and refuse
to be removed and disposed of only by the garbage col-
lector; provided, however, that items that will not fit
within a garbage container may be transported by the
owner thereof to a County-approved disposal site for
disposal.
(g) It shall be the duty of every person in posses-
sion, charge or control of any dead animal or upon
whose premises the same may be located to forthwith
cause the same to be removed and properly disposed of
by Animal Control and to pay the required disposal fee.
(Ord. 5000 §2, 2007: Ord. 4823, Amended, 11/05/2002;
Ord. 4528 §1, 1995; Ord. 4431 §1 (in part), 1993; Ord.
1928 §§2-4, 1951; Ord. 1905 §5, 1950)
6.04.050 UNLAWFUL DISPOSAL.
(a) It shall be unlawful for any person to bury,
burn, dump, collect, deposit, or in any manner to cause,
permit or allow the disposal of refuse upon any street,
alley, public place or private property within the City,
otherwise than as provided in this chapter.
(b) It shall be unlawful to dump, place, bury,
deposit or thrown any garbage, oil, grease, offal, yard
waste or other refuse on the water, tidelands or beaches
within the City, upon public property or private property
of another or to dispose of such garbage, oil, grease,
offal, yard waste, brush, tree stumps, branches, tree cut-
tings, or other refuse in such a manner so as to allow the
same to enter the City’s water, waste water or stormwa-
ter discharge system or as prohibited by BMC 15.02.210
or 15.03.210.
(c) It shall be unlawful to dispose of garbage or
refuse by placing such garbage or refuse into a garbage
collection container which another person owns or pays
for the use of without that person’s express consent.
(Ord. 4823, Amended, 11/05/2002; Ord. 4486 §1, 1994;
Ord. 4431 §1 (in part), 1993; Ord. 4250 §2, 1989; Ord.
1905 §6, 1950)
6.04.055 DIVERSION OF RECYCLABLES.
No person may divert to personal or commercial
use any recyclable material placed in a container as part
of a recycling program, without the consent of the gen-
erator of such recyclable material or the solid waste col-
lection company operating under contract with the City.
(Ord. 4431 §1 (in part), 1993)
6.04.070 TIME OF COLLECTION.
The garbage collector shall collect, remove and dis-
pose of all garbage and refuse in the residential sections
of the City at least once each week; and from all other
places as often as shall be found necessary, but not less
than once a week. All places of business shall have their
garbage removed as frequently as may be necessary to
avoid the creation of a nuisance or the violation of any
ordinance, regulation or law, but in no event less than
once a week with at least twenty-four (24) hours
between collections; provided, however, that a dispute
over the frequency of collection determined to be appro-
priate by the garbage contractor may be appealed pursu-
ant to BMC 6.04.090. (Ord. 4431 §1 (in part), 1993;
Ord. 1928 §5, 1951; Ord. 1905 §8, 1950)
6.04.080 SEPARATION OF REFUSE.
The City reserves the right to and may have option
to require the separation of paper or swill or other com-
ponent parts of garbage, and may require the deposit
6.04-3 (Revised 1/08)
and/or storage thereof in separate cans or receptacles or
other hard-sided closed containers, and may prescribe
the methods of disposal thereof. (Ord. 4823, Amended,
11/05/2002; Ord. 1905 §9, 1950)
6.04.090 APPEALS.
Determinations made by the garbage contractor
regarding the frequency of collection or the size of solid
waste containers required of the public may be appealed
to the Hearing Examiner. (Ord. 4547, Amended,
03/28/1996; Ord. 4431 §1 (in part), 1993)
6.04.120 PAYMENT OF CHARGES.
The charges for garbage and refuse collection and
disposal shall be compulsory and universal. Said
charges shall be billed and collected by the garbage col-
lector at his own cost. Every occupant of the property
and every owner of the property for which garbage and
refuse collection and disposal services are rendered
shall be responsible for and shall pay, without delin-
quency, all charges therefor. The charges shall be paid
to the garbage collector at his office by the person or
persons responsible and shall be paid not later than
thirty (30) days after the billing therefor is mailed, and
if not so paid, the charges shall be deemed delinquent.
In the event of delinquency, any such charge or charges
shall be a lien against the property for which the collec-
tion and disposal of garbage and refuse was rendered.
Such a lien shall be prior to all other liens and encum-
brances filed subsequent to the filing with the County
Auditor of Kitsap County of such notice of lien except
liens for general taxes and local improvement assess-
ments, provided notice of such lien is given as provided
by law. Interest shall accrue upon delinquent accounts at
the rate of fifty cents ($0.50) or one (1) percent per
month whichever is greater, until fully paid. Billings for
account shall be mailed to the person or tenant in posses-
sion unless special instructions to the contrary are
received from the owner. (Ord. 4431 §1 (in part), 1993;
Ord. 3116 §1, 1974; Ord. 1928 §6, 1951; Ord. 1905 §13,
1950)
6.04.130 SCHEDULE OF FEES.
The fees to be charged by the contractor for its gar-
bage and refuse collection services to the residents of
the City shall be fixed by contract, and shall be included
in and be a part of any agreements or contracts between
the City and the contractor. Fees shall be based upon the
volume or weight of garbage or refuse and the distance
from a public thoroughfare of said garbage or refuse.
Where a requested collection is of such an unusual size,
or at some time other than when regular collections are
made of the premises, a special charge based on the
extra expenditure of labor and equipment shall be set by
the garbage collector based upon schedules established
by the contract. (Ord. 4431 §1 (in part), 1993; Ord. 3116
§1, 1974; Ord. 1928 §6, 1951; Ord. 1905 §13, 1950)
6.04.160 VIOLATION - PENALTY.
(a) Any violation of any provision of BMC
6.04.040, 6.04.050 and 6.04.080 constitutes a civil vio-
lation 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 provision of BMC 6.04.040, 6.04.050
and 6.04.080 shall be guilty of a misdemeanor pursuant
to BMC 1.12.020(2). (Ord. 4823, Amended,
11/15/2002; Ord. 4733, Reaffirmed, 11/30/2000; 4680,
Amended, 12/17/1999; Ord. 4464 §1, 1994; Ord. 4431
§1 (in part), 1993; Ord. 1905 §18, 1950)
7.05-1 (Revised 1/08)
Bremerton Municipal Code 7.05.020
Chapter 7.05
PROHIBITED ANIMALS
Sections:
7.05.010 PROHIBITED ANIMALS.
7.05.020 UNLAWFUL - VIOLATIONS
AND PENALTIES.
7.05.010 PROHIBITED ANIMALS.
(a) Possession of any creature that is venomous,
poisonous, or wild is prohibited.
(b) Prohibited animals include, but are not limited
to, lions, tigers, bears, monkeys, chimpanzees, gorillas,
cougars, mountain lions, badgers, wolves, hybrids, coy-
otes, fox, lynx, alligators, caiman, crocodiles, or any
venomous/poisonous creature; provided, that circuses,
zoos, licensed trappers and animal welfare organiza-
tions are exempt from this regulation if proper safe-
guards are taken, as required in the event permitting
process, to protect the public and that the animal control
authority is notified of their arrival and duration of stay
in the City; provided further, that State-registered wild-
life rehabilitation centers are exempt from this section
with regard to care and rehabilitation of those wild ani-
mals that are indigenous to North America.
(c) Snakes over seven (7) feet in length are prohib-
ited.
(d) Livestock is prohibited inside the Bremerton
City limits; provided:
(i) That this provision shall not apply to indi-
viduals in the process of transporting livestock through
the City when such entry into the City is of minimal
duration and the livestock are properly secured for trans-
port in a cage or other suitable enclosure.
(ii) Owners and authorized occupants of prop-
erty annexed to the City after January 1, 2007, upon
which livestock is maintained on the date of annexation,
may continue to maintain livestock on the property
unless ordered otherwise by the City Hearing Examiner
in a code enforcement proceeding due to public health
and safety concerns. During said time, there may not be
an expansion of livestock or livestock activity on the
property beyond that which existed at the time of annex-
ation. This annexation exemption applies until such
time as title to the property is transferred to a new
owner.
(iii) Owners and authorized occupants of prop-
erty annexed to the City after January 1, 2007, shall be
allowed the same number of total household pets as
allowed in the County on January 1, 2007, pursuant to
KCC, subject to the same conditions for maintaining
livestock as set forth in subsection (d)(ii) of this section.
(Ord. 5000 §3, 2007: Ord. 4949 §1 (part), 2005)
7.05.020 UNLAWFUL - VIOLATIONS AND
PENALTIES.
(a) It shall be unlawful:
(1) For any person to possess or maintain any
prohibited animals subject to the provisions of this chap-
ter.
(b) Any violation of this chapter as set forth in this
section shall constitute a misdemeanor pursuant to BMC
1.12.020(2). Further, any person, firm or corporation
violating the provisions of this chapter shall be deemed
guilty of a separate offense for each and every day or
portion thereof during which any violation of this sec-
tion is committed, continued or permitted. (Ord. 4949
§1 (part), 2005)
9.48-1 (Revised 1/08)
Chapter 9.48
FIREWORKS
Sections:
9.48.010 PERMIT - REQUIRED - FEE.
9.48.020 PERMIT - CONDITIONS FOR
ISSUANCE.
9.48.030 STANDS - CONFORMANCE TO
REGULATIONS REQUIRED.
9.48.040 HOURS AND DAYS OF SALE
AND DISCHARGE.
9.48.050 STATE STATUTE
APPLICABILITY.
9.48.060 RECKLESS DISCHARGE OR
USE OF FIREWORKS.
9.48.070 PENALTY FOR VIOLATION.
9.48.080 ENFORCING OFFICER
DESIGNATED.
9.48.090 PERMIT REVOCATION OR
SUSPENSION - AUTHORITY.
9.48.010 PERMIT - REQUIRED - FEE.
Application for all local fireworks permits includ-
ing applications for a permit to conduct a public display
of fireworks required by the State fireworks law, Chap-
ter 70.77 RCW, shall be made to the Fire Marshal. The
fees for such permits shall be as set forth in Chapter 3.01
BMC. (Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part),
2006: Ord. 4368 §26, 1992; Ord. 3370 §1, 1977)
9.48.020 PERMIT - CONDITIONS FOR
ISSUANCE.
The Fire Chief or his or her designee is responsible
for review of any application for a permit for the sale of
fireworks or for a public display of fireworks. If the
application meets the requirements of State law and this
chapter, the Fire Chief or his or her designee is autho-
rized to grant the application and issue a permit.
(a) Sale of Fireworks. A permit for the sale of fire-
works shall be issued only upon the following terms and
conditions:
(1) The applicant shall have a valid and sub-
sisting license issued by the State Fire Marshal authoriz-
ing the holder thereof to engage in the retail sale of safe
and sane fireworks only.
(2) The applicant shall have and keep in full
force and effect a policy of insurance approved by the
City’s Risk Manager saving the City harmless for any
acts or failures of the permittee, in accordance with
Chapter 70.77 RCW.
(3) The location of a proposed place of busi-
ness shall comply with the zoning ordinances of the
City.
(4) The applicant shall provide a land lease
agreement for the location of the proposed place of busi-
ness signed by the land owner or his authorized repre-
sentative.
(5) The applicant shall provide a scale draw-
ing of the location of the proposed place of business
showing the relationship of the fireworks stand to streets
and other buildings.
(6) The applicant shall submit the name,
address and phone number of the person or persons
responsible for the fireworks stand.
(7) The applicant shall submit the address of
all storage locations for stock that is kept on reserve and
not on display for sale.
(8) No permit applications shall be processed
or accepted after the first day of June of the year of sale.
(9) The applicant shall post a fifty dollar
($50.00) cash bond conditioned upon the prompt
removal of the temporary stand and the cleaning up of
all debris from the site. If the permittee removes such
temporary stand and cleans up all of the debris before
the tenth day of July of the permit year, he shall be enti-
tled to the return of the fifty dollars ($50.00).
(b) Public Display of Fireworks. A permit for a
public display of fireworks shall be issued only upon the
terms and conditions as set forth Chapter 70.77 RCW.
(1) It shall be unlawful for any person to hold,
conduct or engage in a public display of fireworks
within the City without having obtained a valid permit
issued pursuant to the provisions of this chapter. (Ord.
5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord.
3370 §2, 1977)
9.48.030 STANDS - CONFORMANCE TO
REGULATIONS REQUIRED.
(a) Only "common fireworks" authorized by
Chapter 212-17 WAC, except toy caps, shall be sold
only from temporary stands which conform to the writ-
ten rules and regulations of the Fire Chief of the City.
(b) Each fireworks stand shall have an adult (eigh-
teen (18) years of age or older) in attendance at all times.
No person under the age of sixteen (16) years old shall
be allowed inside the stand.
(c) A sign stating "NO SALE OF FIREWORKS
TO ANY PERSON UNDER THE AGE OF 16 YEARS
OLD, PHOTO ID REQUIRED."
(d) All permittees shall conform to the minimum
standards and conditions set forth in the Rules and Reg-
ulations for Retail Fireworks Stands by the Fire Chief.
(Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006:
Ord. 4653, Amended, 07/18/1999; Ord. 3370 §3, 1977)
(Revised 1/08)9.48-2
9.48.040 HOURS AND DAYS OF SALE AND
DISCHARGE.
(a) No person shall use or explode any fireworks
within the City except from 11:00 a.m. to 11:00 p.m. on
July 4th of any year or as part of a public display autho-
rized pursuant to the laws of the State of Washington
and this chapter. It shall not be legal to use or discharge
fireworks at any other time, specifically including, with-
out limitation, from 6:00 p.m. on December 31st of any
year until 1:00 a.m. on January 1st of the subsequent
year. Only "common fireworks" authorized by Chapter
212-17 WAC are to be discharged during the authorized
time period.
(b) Sales of fireworks shall be prohibited except
from 12:00 noon to 11:00 p.m. on June 28th; and from
9:00 a.m. to 11:00 p.m. on each day from June 29th
through July 4th in any calendar year. Nothing in this
provision shall make it illegal to have public displays of
fireworks when approved by the Bremerton Fire Depart-
ment in accordance with the Bremerton Municipal
Code.
(c) The possession of any class or kind of fire-
works in violation of the provisions of this chapter is
prohibited. (Ord. 5017 §1 (part), 2007: Ord. 4973 §1
(part), 2006: Ord. 4653, Amended, 07/18/1999; Ord.
4455 §1, 1994; Ord. 4420 §1, 1993; Ord. 4379 §1, 1992;
Ord. 3370 §5, 1977. Formerly 9.48.050.)
9.48.050 STATE STATUTE
APPLICABILITY.
This chapter is intended to implement Chapter
70.77 RCW, and shall be construed in connection with
said laws and all rules and regulations issued pursuant
thereto. (Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part),
2006: Ord. 3370 §6, 1977. Formerly 9.48.060.)
9.48.060 RECKLESS DISCHARGE OR USE
OF FIREWORKS.
It is unlawful for any person to discharge or use
fireworks in a reckless manner which creates a substan-
tial risk of death or serious physical injury to another
person or damage to the property of another. (Ord. 5017
§1 (part), 2007: Ord. 4973 §1 (part), 2006)
9.48.070 PENALTY FOR VIOLATION.
Any person failing to comply with the provisions of
this chapter, or rules or regulations of the Fire Chief of
the City, shall be guilty of a misdemeanor punishable by
a fine not to exceed one thousand dollars ($1,000) or by
imprisonment not to exceed ninety (90) days or both.
Except that any person violating the provisions of BMC
9.48.060 shall be guilty of a gross misdemeanor and
shall be punished by imprisonment not to exceed one (1)
year and a fine not to exceed five thousand dollars
($5,000). A person is guilty of a separate offense for
each day during which he or she commits or continues
to permit a violation of the provisions of this chapter.
(Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006:
Ord. 4379 §2, 1992; Ord. 3370 §7, 1977)
9.48.080 ENFORCING OFFICER
DESIGNATED.
The Fire Chief of the City or his duly authorized
representative is designated as the enforcing officer of
this chapter. (Ord. 5017 §1 (part), 2007: Ord. 4973 §1
(part), 2006: Ord. 4653, Amended, 07/18/1999; Ord.
3370 §8, 1977)
9.48.090 PERMIT REVOCATION OR
SUSPENSION - AUTHORITY.
The Fire Chief or his or her designee may at any
time suspend or revoke any permit issued under the pro-
visions of this chapter, if the permittee has:
(a) Violated any of the provisions of this chapter,
or any of his servants, agents or employees have done
so;
(b) Made any false statement or misrepresentation
of fact in connection with obtaining the permit;
(c) Failed to obtain or has had any license required
by the State of Washington to engage in any act prohib-
ited by Chapter 70.77 RCW, or this chapter, to be done
without a license, suspended or revoked;
(d) Has had any insurance coverage required by
this chapter cancelled, revoked, or lapsed. (Ord. 5017 §1
(part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653,
Added, 07/18/1999)
9A.12-1 (Revised 1/08)
Chapter 9A.12
ALCOHOLIC BEVERAGES
Sections:
9A.12.010 ALCOHOLIC BEVERAGE
CONTROL - ENFORCEMENT.
9A.12.020 PUBLIC PLACES -
SUPPLEMENTAL DEFINITION.
9A.12.010 ALCOHOLIC BEVERAGE
CONTROL - ENFORCEMENT.
The following sections of RCW Title 66, with the
exception of those provisions contained therein for
which a violation constitutes a felony crime, are hereby
adopted by reference as currently enacted and as herein-
after amended from time to time, and shall be given the
same force and effect as if set forth herein in full, and
wherever the word "title" or words "this title" are used
therein the same shall be construed to mean and refer to
RCW Title 66, and "this act" shall mean and refer to the
Washington State Liquor Act:
RCW 66.04.010 Definitions.
RCW 66.04.011 "Public place" not to include
certain parks and picnic areas.
RCW 66.08.010 Title liberally construed.
RCW 66.20.160 "Card of identification,"
"licensee," "store employee"
defined for certain purposes.
RCW 66.20.200 Unlawful acts relating to card
identification and certification
card.
RCW 66.28.080 Permit for music and dancing
upon licensed premises.
RCW 66.28.090 Licensed premises open for
inspection - Failure to allow.
RCW 66.44.010 Local officers to enforce law -
Authority of board - Liquor
enforcement officers.
RCW 66.44.040 Sufficiency of description of
offenses in complaints,
informations, process, etc.
RCW 66.44.050 Description of offense in words
of statutes - Proof required.
RCW 66.44.060 Proof of unlawful sale
establishes prima facie intent.
RCW 66.44.070 Certified analysis is prima facie
evidence of alcoholic content.
RCW 66.44.080 Service of process on
corporation.
RCW 66.44.100 Opening or consuming liquor in
public places.
RCW 66.44.130 Sales of liquor by drink or
bottle.
RCW 66.44.150 Buying liquor illegally.
RCW 66.44.160 Illegal possession,
transportation of alcoholic
beverages.
RCW 66.44.170 Illegal possession of liquor with
intent to sell - Prima facie
evidence, what is.
RCW 66.44.175 Violations of law.
RCW 66.44.180 Jurisdiction.
RCW 66.44.200 Sales to persons apparently
under the influence of liquor.
RCW 66.44.210 Obtaining liquor for ineligible
person.
RCW 66.44.240 Drinking in public conveyance
- Penalty against carrier.
RCW 66.44.250 Minor applying for permit.
RCW 66.44.270 Furnishing liquor to minors -
Possession, use.
RCW 66.44.280 Minor applying for permit.
RCW 66.44.290 Minor purchasing liquor.
RCW 66.44.291 Minor purchasing or attempting
to purchase liquor - Penalty.
RCW 66.44.300 Treating minor, etc., in public
place where liquor sold.
RCW 66.44.310 Minors frequenting tavern -
Misrepresentation of age -
Classification of licenses.
RCW 66.44.316 Musicians eighteen years and
older permitted to enter and
remain upon licensed premises
during employment.
RCW 66.44.320 Sales of liquor to minors a
violation.
RCW 66.44.325 Unlawful transfer to a minor of
an identification of age.
RCW 66.44.340 Employees eighteen years and
over allowed to sell and carry
beer and wine for class E and/or
F licensed employers.
RCW 66.44.350 Employees eighteen years and
over allowed to serve and carry
liquor, clean up, etc., for class
A, C, D and/or H licensed
employers.
RCW 66.44.370 Resisting or opposing officers
in enforcement of title.
(Ord. 4850 §2 (in part), 2003)
9A.12.020 PUBLIC PLACES -
SUPPLEMENTAL DEFINITION.
For the purpose of RCW 66.44.100, adopted by this
chapter, "public place" as defined in RCW 66.04.010,
also adopted by this chapter, shall not include the Har-
borside Fountain Park pursuant to BMC 13.04.140 or
(Revised 1/08)9A.12-2
any other public place now or hereinafter specifically
exempted by city code or ordinance. (Ord. 5006 §1,
2007)
(Revised 1/08)
Title 10
TRAFFIC
Chapters:
10.04 STATE STATUTES
10.10 RESTRICTED PARKING ZONES
10.11 PARKING ENFORCEMENT
10.12 BICYCLES AND SKATEBOARDS
10.13 MOTORIZED WHEELED TRANSPORTATION
DEVICES
10.14 BICYCLE SAFETY AND HELMETS
10.16 TURNING MOVEMENTS
10.24 OVERSIZE LOADS
10.36 COMPRESSION BRAKES
10.40 COMMUTE TRIP REDUCTION PLAN
10.42 AUTOMATED TRAFFIC SAFETY CAMERAS
10.12-1 (Revised 1/08)
Chapter 10.12
BICYCLES AND SKATEBOARDS
Sections:
10.12.010 APPLICATION FOR
REGISTRATION - CONTENTS -
INSIGNIA ISSUANCE.
10.12.020 REGISTRATION TO BE
ISSUED AT NO COST.
10.12.030 SKATEBOARDS -
RESTRICTIONS.
10.12.040 VIOLATION - PENALTY.
10.12.010 APPLICATION FOR
REGISTRATION - CONTENTS -
INSIGNIA ISSUANCE.
Any person desiring a bicycle registration shall
make a written application to the City Treasurer upon a
form to be furnished by the Treasurer for that purpose.
The application shall state the name and address of the
owner of the bicycle, including the year manufactured if
known, the maker and its frame or serial number if any.
On presentation of the application, the City Treasurer
shall issue a suitable registration insignia, which the
applicant should attach to the vehicle so that it is visible
from the rear of the bicycle. (Ord. 3322 §2, 1976; Ord.
2845 §2, 1969)
10.12.020 REGISTRATION TO BE ISSUED
AT NO COST.
Upon compliance with the rules for application for
a bicycle registration, said registration shall be issued at
no cost to the applicant. (Ord. 3322 §3, 1976)
10.12.030 SKATEBOARDS - RESTRICTIONS.
It shall be a civil infraction for any person to use a
skateboard in violation of the provisions of this section.
(a) No person shall ride a skateboard on the public
streets, sidewalks, alleys, walkways, docks, buildings or
parks, including but not limited to the Louis Mentor
Board Walk and any extensions or additions thereto, the
Kitsap Conference Center Plaza and staircases, and the
Harborside Fountain Park, within the central business
district defined as the area bound by 6th Street, Warren
Avenue and Sinclair Inlet or the business district within
one block of Callow Avenue between 11th Street and
1st Street or on arterial streets.
(b) Whenever any person is riding a skateboard
upon a sidewalk of the City which is not in an area pro-
hibited by subsection (a) of this section, such person
shall at all times exercise due care to avoid colliding
with any pedestrian and shall operate the same in a care-
ful and prudent manner at a rate of speed no greater than
is reasonable and proper under the conditions existing at
the point of operation, taking into account the width and
condition of the surface. When riding a skateboard
would endanger or unreasonably inconvenience pedes-
trians, such person shall stop and carry the skateboard.
(c) Whenever any person is riding a skateboard
upon a sidewalk of the City, such person shall yield the
right-of-way to all pedestrians and shall maintain foot
control with the pavement within ten (10) feet of any
pedestrian.
(d) No person shall leave a skateboard upon a side-
walk in such a manner as to obstruct pedestrian traffic or
vehicular traffic emerging from alleys or driveways.
(Ord. 5005 §1, 2007; Ord. 4268 §1 1990; Ord. 4133 §1,
1987)
10.12.040 VIOLATION - PENALTY.
Any person violating any of the provisions of BMC
10.12.030 is guilty of a civil infraction and subject to a
base penalty of fifty dollars ($50.00) pursuant to Chap-
ter 1.12 BMC. (Ord. 4733, Reaffirmed, 11/30/2000;
Ord. 4680, Amended, 12/17/1999; Ord. 4466 §1, 1994;
Ord. 4133 §1, 1987)
10.42-1 (Revised 1/08)
Chapter 10.42
AUTOMATED TRAFFIC SAFETY CAMERAS
Sections:
10.42.010 AUTOMATED TRAFFIC
SAFETY CAMERAS
AUTHORIZED.
10.42.020 NOTICE OF INFRACTION.
10.42.030 TRAFFIC INFRACTIONS
DETECTED THROUGH THE
USE OF AN AUTOMATED
TRAFFIC SAFETY CAMERA.
10.42.040 MONETARY PENALTIES.
10.42.050 SIGNAGE.
10.42.060 ELECTRONIC SIGNATURES.
10.42.010 AUTOMATED TRAFFIC SAFETY
CAMERAS AUTHORIZED.
The use of automated traffic safety cameras to
detect violations of WAC 308-330-408 and 308-330-
423, which the City has adopted by reference as sections
of the Model Traffic Ordinance, is authorized at inter-
sections where two (2) arterial roadways intersect and in
school speed zones, subject to the restrictions specified
in State law (RCW 46.63.170). (Ord. 5018 §2 (part),
2007)
10.42.020 NOTICE OF INFRACTION.
A police officer or other authorized representative
of the City has the authority to issue a notice of traffic
infraction when the infraction is detected through the
use of an automated traffic safety camera under this
chapter. (Ord. 5018 §2 (part), 2007)
10.42.030 TRAFFIC INFRACTIONS
DETECTED THROUGH THE USE
OF AN AUTOMATED TRAFFIC
SAFETY CAMERA.
(a) A notice of infraction based on evidence
detected through the use of an automated traffic safety
camera shall be mailed to the registered owner of the
vehicle within fourteen (14) days of the violation, or to
the renter of a vehicle within fourteen (14) days of estab-
lishing the renter’s name and address under subsection
(c)(1) of this section. The police officer or other autho-
rized representative of the City issuing the notice of
infraction shall include with it a certificate or facsimile
thereof, based upon inspection of photographs, micro-
photographs, or electronic images produced by an auto-
mated traffic safety camera, stating the facts supporting
the notice of infraction. This certificate or facsimile is
prima facie evidence of the facts contained in it and is
admissible in a proceeding charging a violation of WAC
308-330-408 or 308-330-423. The photographs, micro-
photographs, or electronic images evidencing the viola-
tion must be available for inspection and admission into
evidence in a proceeding to adjudicate the liability for
the infraction.
(b) A person receiving such a notice of infraction
may respond to the notice by mail. The registered owner
of a vehicle is responsible for such an infraction unless
the registered owner overcomes the presumption in sub-
section (e) of this section, or, in the case of a rental car
business, satisfies the conditions under subsection (c) of
this section. If appropriate under the circumstances, a
renter identified under subsection (c)(1) of this section
is responsible for such an infraction.
(c) If the registered owner of the vehicle is a rental
car business, the peace officer shall, before such a notice
of infraction is issued, provide a written notice to the
rental car business that a notice of infraction may be
issued to the rental car business if the rental car business
does not, within thirty (30) days of receiving the written
notice, provide to the peace officer by return mail:
(1) A statement under oath stating the name
and known mailing address of the individual driving or
renting the vehicle when the infraction occurred; or
(2) A statement under oath that the business is
unable to determine who was driving or renting the
vehicle at the time the infraction occurred because the
vehicle was stolen at the time of the infraction. A state-
ment provided under this subsection must be accompa-
nied by a copy of a filed police report regarding the
vehicle theft; or
(3) In lieu of identifying the vehicle operator,
the rental car business may pay the applicable penalty.
Timely mailing of this statement to the peace
officer relieves a rental car business of any liability
under this chapter for the notice of infraction.
(d) For the purposes of this chapter, "automated
traffic safety camera" means a device that uses a vehicle
sensor installed to work in conjunction with an intersec-
tion traffic control system, or a speed measuring device,
and a camera synchronized to automatically record one
(1) or more sequenced photographs, microphotographs,
or electronic images of the rear of a motor vehicle at the
time the vehicle fails to stop when facing a steady red
traffic control signal or an activated railroad grade
crossing control signal, or exceeds a speed limit in a
school speed zone as detected by a speed measuring
device.
(e) In a traffic infraction case involving an infrac-
tion detected through the use of an automated traffic
safety camera, proof that the particular vehicle
described in the notice of traffic infraction was in viola-
tion of WAC 308-330-408 or 308-330-423, together
with proof that the person named in the notice of traffic
infraction was at the time of the violation the registered
(Revised 1/08)10.42-2
owner of the vehicle, constitutes in evidence a prima
facie presumption that the registered owner of the vehi-
cle was the person in control of the vehicle at the point
where, and for the time during which, the violation
occurred. This presumption may be overcome only if
the registered owner states, under oath, in a written
statement to the court or in testimony before the court
that the vehicle involved was, at the time, stolen or in the
care, custody, or control of some person other than the
registered owner (RCW 46.63.075 and 46.63.170).
(Ord. 5018 §2 (part), 2007)
10.42.040 MONETARY PENALTIES.
A traffic infraction for violations of WAC 308-330-
408 or 308-330-423 detected through the use of an auto-
mated traffic safety camera shall be processed in the
same manner as a parking infraction. The base monetary
penalty for a violation of either WAC 308-330-408 or
308-330-423 shall be the same as the fine established for
each pursuant to State or local law, including statutory
assessments. However, the amount of the fine issued for
an infraction generated through the use of an automated
traffic safety camera shall not exceed the amount of a
fine issued for parking infractions within the City,
including disabled parking infractions. (Ord. 5018 §2
(part), 2007)
10.42.050 SIGNAGE.
All locations where an automated traffic safety
camera is used shall be clearly marked by placing signs
in locations that clearly indicate to a driver that he or she
is entering a zone where traffic laws are enforced by an
automated traffic safety camera. (Ord. 5018 §2 (part),
2007)
10.42.060 ELECTRONIC SIGNATURES.
In connection with the photo enforcement program
as set forth in this chapter, the Chief of Police or his or
her designee is authorized to utilize electronic signa-
tures in accordance with the provisions of Chapter 19.34
RCW. (Ord. 5018 §2 (part), 2007)
11.02-1 (Revised 1/08)
Chapter 11.02
RIGHT-OF-WAY USE
Sections:
11.02.010 PURPOSE.
11.02.020 TERRITORIAL APPLICATION.
11.02.030 CONSTRUCTION - INTENT.
11.02.040 DEFINITIONS.
11.02.050 POWERS OF THE DIRECTOR.
11.02.060 PERMIT REQUIRED.
11.02.070 ADDITIONAL PERMITS.
11.02.080 RIGHT-OF-WAY USE
PERMITS.
11.02.090 APPLICATIONS AND
PROCESSING OF PERMITS.
11.02.100 RENEWAL OF PERMITS.
11.02.110 PERMIT EXCEPTION.
11.02.120 PERMIT FEES AND CHARGES.
11.02.130 SPECIFICATIONS.
11.02.140 NOTICE OF INTENT TO START
WORK.
11.02.150 INSPECTIONS.
11.02.160 COMPLETION OF WORK.
11.02.170 SHARED USE OF
EXCAVATIONS.
11.02.180 UNDERGROUND UTILITY
LOCATION REQUIRED.
11.02.190 WARNING AND SAFETY
DEVICES.
11.02.200 TEMPORARY PARKING
RESTRICTION
NOTIFICATION.
11.02.210 MATERIALS TESTING.
11.02.220 PERFORMANCE AND
WARRANTY DEPOSITS.
11.02.230 INSURANCE.
11.02.240 HOLD HARMLESS.
11.02.250 CORRECTION AND
DISCONTINUANCE OF
UNSAFE, NONCONFORMING,
OR UNAUTHORIZED
CONDITIONS.
11.02.260 NUISANCE IN THE RIGHT-OF-
WAY.
11.02.270 NUISANCE UTILITY
FACILITIES.
11.02.280 REVOCATION OF PERMITS.
11.02.290 STOP WORK ORDERS.
11.02.300 ADOPTION OF POLICIES.
11.02.310 APPEALS.
11.02.320 VIOLATION - PENALTY.
11.02.010 PURPOSE.
It is the purpose of this chapter to provide for the
issuance of right-of-way use permits in order to regulate
activities within the rights-of-way in the City of Bremer-
ton in the interest of public health, safety and welfare;
and to provide for the fees, charges, performance and
warranty deposits, warranties, and procedures required
to administer the permit process. (Ord. 4650, Repealed
& Replaced, 06/12/1999)
11.02.020 TERRITORIAL APPLICATION.
This chapter and the procedures adopted hereunder
shall be in effect throughout the City of Bremerton.
(Ord. 4650, Repealed & Replaced, 06/12/1999)
11.02.030 CONSTRUCTION - INTENT.
A. This chapter is enacted to protect and preserve
the public health, safety and welfare. Its provisions shall
be liberally construed for the accomplishment of these
purposes.
B. It is expressly the purpose of this chapter and
any procedures adopted hereunder to provide for and
promote the health, safety and welfare of the general
public, and not to create or otherwise establish or desig-
nate any particular class or group of persons who will or
should be especially protected or benefited by the terms
of this chapter or any procedures adopted hereunder.
C. It is the specific intent of this chapter and any
procedures adopted hereunder to place the obligation of
complying with the requirements of this chapter upon
the permittee, and no provision is intended to impose
any duty upon the City of Bremerton, or any of its offic-
ers, employees or agents. Nothing contained in this
chapter or any procedures adopted hereunder is intended
to be or shall be construed to create or form the basis for
liability on the part of the City of Bremerton, or its offic-
ers, employees or agents, for any injury or damage
resulting from the failure of the permittee to comply
with the provisions hereof, or by reason or in conse-
quence of any act or omission in connection with the
implementation or enforcement of this chapter or any
procedures adopted hereunder by the City of Bremerton,
its officers, employees or agents. (Ord. 4650, Repealed
& Replaced, 06/12/1999)
11.02.040 DEFINITIONS.
The following words and phrases when used in this
chapter shall have the following meanings unless the
context clearly indicates otherwise:
A. "Citation and notice" means a written docu-
ment initiating a proceeding pursuant to Chapter 1.12
BMC.
B. "City inspector" means the designated
employee(s) of the Department of Public Works and
Utilities assigned to inspecting the permitted work.
(Revised 1/08)11.02-2
C. "City" means the City of Bremerton, Washing-
ton.
D. "Complaint" means a written document initiat-
ing a procedure pursuant to Chapter 1.12 BMC.
E. "Department" means the Public Works and
Utilities Department or other Department designated by
the Mayor.
F. "Director" means the Director of Public Works
and Utilities or his/her designated representative.
G. "Emergency" means a condition of imminent
danger to the health, safety, and welfare of property or
persons located within the City including, but not lim-
ited to, damage to persons or property from natural or
manmade consequences, such as storms, earthquakes,
riots or wars.
H. "Enforcement Officer" means the Director or
his/her designated representative.
I. "Engineering Division" means the Engineering
Division of the Department.
J. "Franchised utilities" means utilities that have
City approval to use City rights-of-way for the purpose
of providing their services within or beyond the City,
whether by written franchise granted by the City, State
tariff or other similar City authorization.
K. "Notice of violation" means a document
mailed to a permittee or unauthorized user and posted at
the site of a nonconforming or unsafe condition.
L. "Oral directive" means a directive given orally
by City personnel designated by the Director to correct
or discontinue a specific condition.
M. "Permit" means a document issued by the City
granting permission to engage in an activity not allowed
without a permit.
N. "Permit Center" means the location for apply-
ing for permits.
O. "Permittee" means the person so designated on
the permit application, or designee.
P. "Person" means and includes corporations,
companies, associations, joint stock companies or asso-
ciations, firms, partnerships, limited liability companies
and individuals and includes their lessors, trustees and
receivers.
Q. "Private use" means use of the public right-of-
way for the benefit of a person, partnership, group, orga-
nization, company, or corporation, other than as a thor-
oughfare for any type of vehicles, pedestrians or
equestrians.
R. "Policy" means a policy adopted by the Direc-
tor to implement this chapter, or to carry out other
responsibilities as may be required by this chapter or by
other codes, ordinances, or resolutions of the City or
other agencies.
S. "Revocation" means the cancellation of a per-
mit.
T. "Right-of-way" means all public streets and
property granted or reserved for, or dedicated to, public
use for street purposes, together with public property
granted or reserved for, or dedicated to, public use for
walkways, sidewalks, bikeways, parking, and horse
trails, whether improved or unimproved, including the
air rights, sub-surface rights and easements related
thereto.
U. "Stop work order" means an oral directive or a
written notice posted at the site of activity that requires
all work to be stopped until the City approves continua-
tion of work.
V. "Suspension" means the temporary stay of a
permit.
W. "Underground location service" means the
underground utilities location center that will locate all
underground utilities prior to an excavation.
X. "Unsafe condition" means any condition which
the Director determines is a hazard to health, or endan-
gers the safe use of the right-of-way by the public, or
does or may impair or impede the operation or function-
ing of any portion of the right-of-way, or which may
cause damage thereto. (Ord. 5023 §1, 2007: Ord. 4650,
Repealed & Replaced, 06/12/1999)
11.02.050 POWERS OF THE DIRECTOR.
The Director shall have the power to:
A. Administer the provisions of this chapter
including but not limited to interpreting the chapter and
issuing rules and procedures necessary for its adminis-
tration.
B. Issue permits relating to use of the rights-of-
way in accordance with this chapter.
C. Administer and coordinate the enforcement of
this chapter and all policies adopted hereunder relating
to the use of rights-of-way.
D. Advise the City Council, Mayor and other City
Departments on matters relating to use of the rights-of-
way.
E. Carry out such other responsibilities as
required by this chapter or other codes, ordinances, pol-
icies or procedures of the City.
F. Adjust the amount of fees required by this
chapter to be proportional to any increased scope of
work for which the permit is required.
G. Request the assistance of other City Depart-
ments to administer and enforce this chapter.
H. Assign the responsibility for interpretation,
application and enforcement of specified procedures to
Department staff. (Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.060 PERMIT REQUIRED.
A. It is unlawful for anyone to make private use of
any public right-of-way without first having obtained a
right-of-way use permit issued by the City or to use any
right-of-way without complying with all the provisions
of such right-of-way use permit issued by the City.
11.02-3 (Revised 1/08)
B. The City does not waive its right to use the
right-of-way by issuance of any permit. (Ord. 4650,
Repealed & Replaced, 06/12/1999)
11.02.070 ADDITIONAL PERMITS.
Additional permits for any use of the right-of-way
may be required by other City codes. (Ord. 4650,
Repealed & Replaced, 06/12/1999)
11.02.080 RIGHT-OF-WAY USE PERMITS.
The following types of right-of-way use permits are
established:
A. Type A - Short-Term Use.
1. Type A Permits may be used for use of
right-of-way for up to four (4) weeks for purposes which
do not involve the physical disturbance of the right-of-
way.
2. This type of use may involve disruption of
pedestrian and vehicular traffic and may require inspec-
tions, cleanup and traffic control. For periods longer
than four (4) weeks these uses will be considered Type
C, long-term use.
3. Type A Permits include but are not limited
to the following:
a. Temporary street and sidewalk clo-
sures.
b. Temporary blockage of streets and
sidewalk, for uses such as dumpsters and scaffolding.
B. Type B - Disturbance of the Right-of-Way.
1. Type B Permits may be issued for activi-
ties that alter the appearance or disturb the surface, or
disturb the subsurface of the right-of-way on a tempo-
rary or permanent basis. Type B Permits are also
required for the initial construction of improvements
within rights-of-way and private streets required to con-
form to City standards. Type B Permits may be issued
for up to one hundred twenty (120) days.
2. Type B Permits include, but are not lim-
ited to, construction activities associated with:
a. Boring, jacking or pushing;
b. Construction adjacent to the right-of-
way that may physically impact the right-of-way;
c. Culverts;
d. Curb cuts, handicap ramps and drive-
way approaches;
e. Curbs, gutters, and sidewalks;
f. Drainage facilities;
g. Installation of landscaping;
h. Painting;
i. Paving;
j. Street trenching;
k. Utility installation.
C. Type C - Long-Term Use.
1. Type C Permits may be issued for right-of-
way use for activities for extended periods of time
which will not further physically disturb the right-of-
way once in place. This may include structures, facili-
ties, and uses that involve capital expenditures and long-
term commitment of use. The Type C Permit shall be a
revocable permit. Type C Permits may be issued for a
term of up to five (5) years except as provided for in sub-
section (c)(7) of this section.
2. A Type B Permit may be required for con-
struction activities in conjunction with a Type C use.
3. Type C Permits include but are not limited
to:
a. Accessory business activity such as:
parking, displays and signage;
b. Air rights;
c. Bus shelters/stops;
d. Construction site/haul roads;
e. Fences;
f. Recycle receptacles, dumpsters, and
facilities;
g. Special and unique structures such as:
fountains, clocks, flagpoles, benches, kiosks, banners,
street furniture, decorations, etc.;
h. Underground rights;
i. Utility facilities;
j. Waste facilities.
4. Utility facilities placed in the right-of-way
under the authority of a franchised utility as defined in
this chapter are exempt from the requirement to obtain a
Type C Permit.
5. Type A uses that exceed four (4) weeks
duration will be treated as Type C uses.
6. Upon termination of a Type C Permit, for
which the permittee does not obtain a new permit, any
improvements constructed in the right-of-way must be
removed by the permittee and the area restored to its
original condition or better.
7. Type C Permits may be issued for right-of-
way use for an extended term not to exceed ten (10)
years for activities which will not further physically dis-
turb the right-of-way once in place such as the installa-
tion and maintenance of structures, facilities, and uses
that involve capital expenditures and long-term commit-
ment of use. Type C Permits may be issued for an
extended term under the following conditions:
a. At the end of the permit period, the
permit may be renewed upon request by the permittee
and acceptance by the City for additional terms not to
exceed ten (10) years. If the use of the right-of-way
under the jurisdiction of a Type C Permit is changed so
as to affect the installation permitted, the Director of
(Revised 1/08)11.02-4
Public Works and Utilities shall require the permittee to
remove the installation or modify the installation to
accommodate the new use of the right-of-way. The
Director of Public Works and Utilities shall set the time
for removal or modification. The time for removal or
modification shall be at least ninety (90) days after the
date the request for removal or modification is submit-
ted, unless the Director finds that a lesser amount of
time is in the best interest of the public. All expenses for
removal and/or modification of the permitted installa-
tion shall be borne by the permittee.
b. A Type C Permit will not be issued
for the extended term unless the City determines that
there is no reasonable likelihood that the City will need
to utilize the area for which the permit is granted within
the permit term, and that the proposed use is consistent
with the City’s Comprehensive Plan, and that the use is
not detrimental to the public health, safety or welfare,
and that the proposed use is not aesthetically incompat-
ible with the City’s streetscape standards.
c. In the case of a proposed use that is
necessary to protect a governmental installation from
possible terrorist attack, the City may waive any of the
requirements of this section.
d. The City shall impose such fees as are
appropriate to cover the City’s cost associated with pro-
cessing the application and that takes into account the
value of the land used, the length of use, and lost reve-
nue to the City, if applicable.
D. Type D - Franchised Utility Routine Mainte-
nance Permit.
1. Type D Permits may be issued for fran-
chised utilities as defined in this chapter to perform rou-
tine maintenance on existing overhead lines and for
entry into existing underground facilities. The permit
will be valid for this work within the City boundaries.
Type D Permits may be issued for up to one (1) year.
2. Type D Permits will not involve physical
disturbance of the right-of-way.
3. Type D Permits may be revoked if the per-
mittee does not adequately and consistently comply
with the permit conditions or requirements of this chap-
ter. In the event that the Type D Permit is revoked, the
permittee must obtain a Type A Permit for each work
site.
E. Assignment of Permit. Permits cannot be
assigned or transferred, subleased or used for any pur-
pose not specified in the permit without prior written
permission of the City. Any attempt to assign or transfer
an interest in a permit without such prior written permis-
sion shall be cause for immediate termination. (Ord.
4857 §1, 2003; Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.090 APPLICATIONS AND
PROCESSING OF PERMITS.
A. To obtain a right-of-way use permit the appli-
cant shall file an application with the Department.
B. Every application shall include the following
information appropriate to the proposed use:
1. A scale drawing showing the location of
the proposed right-of-way use, the location of the exist-
ing and proposed improvements, surface features such
as curbs and gutters, underground features such as the
location of utilities, and the limits of the work area;
2. A description of the use;
3. The planned duration of the use;
4. Applicant contact information;
5. All other information which may be
required as specified in policies adopted hereunder;
6. Construction traffic control plan;
7. An estimate of construction costs; and
8. Payment of the required fees.
C. The Director shall examine each application
submitted for review and approval to determine if ade-
quate information is provided and if it complies with the
applicable provisions of this chapter and procedures
adopted hereunder. Other departments that have author-
ity over the proposed use activity will review and rec-
ommend approval or disapproval of the application. If
the Director finds that the application conforms to the
requirements of this chapter, he may approve the permit,
and may impose such conditions thereon as are reason-
ably necessary to protect the public health, welfare and
safety, to mitigate any impacts resulting from the use
and to coordinate activities or address potential conflicts
with future improvements in the area.
D. All applications for permits must be submitted
ten (10) working days or more prior to the start of work
or as required to obtain other City permits.
E. Upon submittal of a completed application the
applicant shall provide the application fee per the fee
schedule adopted by the City. Permittees who have an
approved monthly billing status shall be billed accord-
ingly. (Ord. 5023 §2, 2007: Ord. 4650, Repealed &
Replaced, 06/12/1999)
11.02.100 RENEWAL OF PERMITS.
Each Type A and Type B Permit shall be of the
duration specified on the permit and may be renewed
without payment of an additional fee for up to the length
of the original permit, at the discretion of the Director.
If continued use of the right-of-way is desired by the
permittee after expiration of a renewed permit, he/she
must apply for a new permit. Type C and D Permits can
not be renewed and the permittee must apply for and
receive a new permit prior to expiration or remove the
permitted improvements. (Ord. 4650, Repealed &
Replaced, 06/12/1999)
11.02-5 (Revised 1/08)
11.02.110 PERMIT EXCEPTION.
A. A right-of-way use permit shall not be required
of franchised utilities when responding to emergencies
that require disturbance of the right-of-way typical of a
Type B Permit; provided, that the Department shall be
notified by the responding utility or contractor verbally
or in writing, as soon as practicable following onset of
an emergency. Nothing herein shall relieve a responding
utility or contractor from the requirement to apply for a
right-of-way use permit as provided in this chapter
within forty-eight (48) hours after beginning emergency
work in the right-of-way.
B. Permits shall not be required for routine main-
tenance and construction work performed by the City.
C. Permits are not required for City Public Works
and Utility Department construction projects.
D. Permits are not required for the ordinary con-
struction and maintenance of landscaping or irrigation
systems in the planter strip of the right-of-way. Block-
age of the right-of-way associated with ordinary mainte-
nance of landscaping requires the appropriate permit.
(Ord. 5023 §3, 2007: Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.120 PERMIT FEES AND CHARGES.
A. The fee for each permit shall be set forth in a
fee schedule to be adopted by the City Council. Fees and
charges adopted pursuant to this section may be
increased or decreased by the Council on the Mayor’s
recommendation in accordance with changes in the
costs incurred by the City.
B. Fees and Charges.
1. Type A, Short-Term Use Permit. Fees for
Type A Permits shall be established for the following
categories:
a. Regular. A fee shall be charged for
each regular Type A Permit accepted for processing.
This fee shall cover the administrative cost of the per-
mit.
2. Type B, Disturbance of Right-of-Way
Permit. Fees for Type B Permits shall be established for
the following categories:
a. Sidewalk Repairs. Repair of existing
sidewalks, not associated with other development activ-
ity and residential owner performed improper stormwa-
ter inflow elimination work in the sidewalk and curb
area.
b. Driveway Approach, Transverse
Street Patches and Spot Patches. A driveway approach,
transverse street patch or spot patches or other localized
work activities not exceeding more than two hundred
fifty (250) square feet of disturbed area.
c. Longitudinal Street Patches and New
Curb and Sidewalk Installation. Longitudinal street
patch or construction of new curb gutter and sidewalk
on one side of a street, street lighting, or other work
activities which generally progress longitudinally down
a street.
d. New Street Construction. Construc-
tion of a new street, extension of an existing street, con-
struction of a private street, frontage improvements on
an existing street and construction of a new pavement
surface.
e. Water and Sewer Mains and Laterals.
Water and sewer mains and laterals permitted in accor-
dance with BMC Title 15.
The Director will assign Type B Permit work to the
most appropriate category or will establish a fixed fee or
charge for City costs at an hourly rate for special work
not covered in these categories.
3. Type C, Long-Term Use Permit. Fees for
Type C Long-Term Use Permits shall include the fol-
lowing categories:
a. Application and Processing. A non-
refundable application and processing fee will be
charged for each Type C Permit application accepted for
processing.
b. Use Fee. A use fee will be established
which incorporates the value of the land used and the
length of the use.
c. The Director may modify or waive
fees for Type C Permits for government agencies or
improvements which provide a benefit to the City.
4. Type D, Franchised Utility Routine Main-
tenance Permit.
a. Regular. A fee shall be charged for
each regular Type D Permit accepted for processing.
This fee shall cover the administrative cost of the per-
mit.
5. Plan Reviews. A fee will be established
for reviewing plans for the construction of improve-
ments of the right-of-way including new curbs and gut-
ters, sidewalks, new streets, street lighting and other
activities designated by the Director. The Plan Review
fee allows for two (2) reviews.
6. Additional Work. A fee will be established
for activities beyond normal and customary services.
These may include, but not be limited to: repeated plan
reviews and site inspections, special work, response to
citizen complaints, inspection of reworked areas, calls
for inspection when the site is not ready and construc-
tion site emergencies.
C. Waiver of Fees for City-Initiated Projects.
Utilities in the right-of-way under the authority of a
franchise agreement, State Tariff or other similar City
authorization which must apply for permits because of
City-initiated construction projects, may be granted a
waiver of normal permit fees by the Director. This pro-
(Revised 1/08)11.02-6
vision only applies to work that would not otherwise
have been done by the utility.
D. Exemption from Fees for City Projects. City
projects are exempt from fees for right-of-way use per-
mits. (Ord. 4734, Reaffirmed, 11/30/2000; Ord. 4684,
Amended, 12/28/1999; Ord. 4650, Repealed &
Replaced, 06/12/1999)
11.02.130 SPECIFICATIONS.
All work to be performed under any permit issued
under this chapter shall conform to all other City codes,
the current development and construction standards of
the Department and all other standards used by the City
in the administration of this chapter. Such standards
include, but are not limited to, the current version of the
Manual of Uniform Traffic Control Devices as amended
or superseded, published by the Federal Highway
Administration and the Standard Specifications for
Road, Bridge, and Municipal Construction as amended
or superseded, published by the Washington State
Department of Transportation and the American Public
Works Association. (Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.140 NOTICE OF INTENT TO START
WORK.
Permittee shall provide a minimum of one (1)
working day notice of the intent to start work in the
right-of-way. (Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.150 INSPECTIONS.
As a condition of issuance of any permit or authori-
zation that requires approval of the Department, each
applicant shall consent to inspections by the Department
or any other appropriate City representative. Permittee
shall provide a minimum of one (1) working day notice
prior to a requested or required inspection. (Ord. 4650,
Repealed & Replaced, 06/12/1999)
11.02.160 COMPLETION OF WORK.
At completion of the work, the permittee shall:
A. Provide notice that the work is complete and
request a final inspection.
B. Provide record drawings of the improvements
made in the right-of-way when required. Record draw-
ings of improvements to be maintained by the City shall
meet the format requirements of the City. All record
drawings shall show at a minimum the actual location,
depth and profile of the improvements in the right-of-
way. Record drawings acceptable to the Department
must be provided prior to release of the Performance
Deposit. (Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.170 SHARED USE OF EXCAVATIONS.
If at any time, or from time to time, a utility com-
pany submits a permit request to excavate for installa-
tion of its facilities, the City may request in writing that
such utility company provide an opportunity to install
City facilities within the excavation; provided, that:
A. Such joint use shall not unreasonably delay the
work of the utility company; and
B. Such joint use shall be arranged and accom-
plished on terms and conditions satisfactory to both par-
ties and in accordance with the applicable codes, rules
and regulations.
C. To the extent reasonably possible, the utility
company shall, at the direction of the City, cooperate
with the City and provide other private utility companies
with the opportunity to utilize joint or shared excava-
tions in order to minimize disruption and damage to the
right-of-way as well as to minimize traffic-related
impacts. (Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.180 UNDERGROUND UTILITY
LOCATION REQUIRED.
All permittees shall, before commencing any con-
struction in City right-of-way, comply with all require-
ments of Chapter 19.122 RCW, the one (1) number
locator service. (Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.190 WARNING AND SAFETY
DEVICES.
A. The permittee is responsible for the safety of
the work area and shall provide and maintain warning
lights, safety devices, signs and barricades on all rights-
of-way when at any time there might be an obstruction
or hazard to vehicular or pedestrian traffic in accordance
with the Specifications. Warning and safety devices
may be removed when the work for which the right-of-
way use permit has been granted is complete and the
right-of-way restored to the conditions directed by the
Department.
B. The applicant shall submit a traffic plan show-
ing the proposed shoulder closures, lane closures, detour
routing, parking removal and location and type of warn-
ing lights, safety devices, signs and barricades intended
to protect vehicular or pedestrian traffic at the site for
which the right-of-way use permit is requested. No work
in the right-of-way will be allowed until the traffic plan
is approved.
C. The Director may require that the permittee
provide a person certified as a Washington State Traffic
Control Flagger be on site during construction activities
to monitor the setup and maintenance of the warning
and safety devices.
D. On right-of-way use permits that require a flag-
ger for the purpose of traffic control during the construc-
11.02-7 (Revised 1/08)
tion, the flagger will be either a properly attired and
certified Washington State Traffic Control Flagger, or
an off-duty law enforcement officer.
E. All decisions of the City inspector shall be final
in all matters pertaining to the number, type, location,
installation, and maintenance of warning and safety
devices in the public right-of-way during any actual
work or activity for which a duly authorized right-of-
way use permit has been issued. Lack of notice or com-
ment by the City on the warning and safety devices does
not relieve the permittee of responsibility for the safety
of the work area. (Ord. 5023 §4, 2007: Ord. 4650,
Repealed & Replaced, 06/12/1999)
11.02.200 TEMPORARY PARKING
RESTRICTION NOTIFICATION.
A. Where the Director determines that parking is
a hazard to through traffic, or to the construction work
or other right-of-way activity, parking may be restricted
either entirely or during the time when it creates a haz-
ard.
B. Parking restriction signs shall be placed at least
seventy-two (72) hours in advance of parking removal,
with the start date of the "no parking" clearly shown.
The area to be restricted shall be clearly marked with
Type I barricades carrying signs that give the specific
period (dates and times) that the area is to be free of
vehicles. Signs shall be large enough to be easily read
from a distance of fifty (50) feet and shall advise where
impounded vehicles will be stored or indicate a twenty-
four (24) hour telephone number for obtaining that
information.
C. The permittee shall be responsible for place-
ment and maintenance of the signs. Placement of the
signs shall be as approved by the Director. The permit-
tee shall notify the Director by telephone or otherwise
when the signs are placed. No towing of vehicles shall
occur unless the signs are placed at least seventy-two
(72) hours prior to the beginning of the restricted park-
ing.
D. All signs must be approved by the Director
prior to placement, and must conform generally to the
following wording:
WARNING! TOW AWAY ZONE
NO PARKING
FROM: DATE & TIME
TO: DATE & TIME
FOR CONSTRUCTION WORK
ALL VEHICLES REMAINING WILL BE
TOWED
(IMPOUND INFORMATION)
E. In areas where parking spaces must be used in
which fees are collected by the City for parking, the
applicant shall pay the appropriate fees for uses of the
parking spaces. No permit shall be issued until the appli-
cant shows proof of payment for the parking spaces.
(Ord. 5023 §5, 2007: Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.210 MATERIALS TESTING.
Material tests may be ordered by the Director to
assure conformity with the Specifications. Material tests
may include, but are not limited to: gradation analysis,
compaction testing, concrete strength, asphalt content
analysis and pipe strength. When ordered by the Direc-
tor, the permittee shall have the material test performed
by a certified laboratory and the results provided to the
Director. Location and timing of material testing shall
be coordinated with the Director. (Ord. 5023 §6, 2007:
Ord. 4650, Repealed & Replaced, 06/12/1999)
11.02.220 PERFORMANCE AND
WARRANTY DEPOSITS.
A. Performance Deposit. A performance deposit
shall be required to ensure conformance with the plans,
specifications, standards, permit requirements, develop-
ment guidelines and other requirements. The minimum
amount of the performance deposit shall be one hundred
fifty (150) percent of the estimated value of the work
and the estimated cost to restore existing improvements
as determined by the Director. Performance deposits
shall not be released until a warranty deposit is received.
B. Warranty Deposit. A warranty deposit shall be
required to warrant the workmanship and material of
constructed improvements in the right-of-way for a
period of two (2) years. The minimum amount of the
warranty 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) or
when State law requires a bond.
Interest on deposited funds will accrue to the bene-
fit of the depositor, except that any interest earned on a
cash deposit will be retained by the City for account
administration.
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
(Revised 1/08)11.02-8
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. 5023 §7, 2007: 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) for bodily damage and property. The
City shall be listed as an additional insured on the pol-
icy. Alternate methods of meeting these insurance
requirements must be approved by the City Risk Man-
ager.
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 homeowner’s or renter’s insurance in the
amount of at least one hundred thousand dollars
($100,000) 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 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 appli-
cable codes or standards, or without a right-of-way use
permit, the Director may order the correction or discon-
tinuance 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:
11.02-9 (Revised 1/08)
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 Director.
Upon failure to do so the Director 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 property
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. 5023 §8, 2007: 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
ground and whether installed and/or maintained by
permit pursuant to this chapter or by franchise or by no
such authority.
C. Nuisance Utility Facility Defined. "Nuisance
utility facility" as used in this section, includes a utility
facility that limits ADA accessibility, creates sight dis-
tance problems, has disconnected wires or cable, is dete-
riorating, is creating a hazardous condition, and/or is not
used or is abandoned for a period of ninety (90) days or
longer unless such nonuse or abandoned status is
approved by the Director at his or her sole discretion.
D. Determination of Appropriate Remedy. Upon
a determination by the Director that a nuisance utility
facility exists, the Director shall notify the permittee,
franchisee, owner or other person responsible for the
nuisance utility facility and direct said entity or person
to remove or remedy the nuisance utility facility upon
terms and conditions as directed by the Director.
E. Enforcement. If the nuisance utility facility 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 §3, 2003; Ord.
4650, Repealed & Replaced, 06/12/1999)
(Revised 1/08)11.02-10
11.02.280 REVOCATION OF PERMITS.
A. The Director may revoke any permit issued
under this chapter whenever in the Director’s sole deter-
mination:
1. The work or activity does not proceed in
accordance with the plans as approved, or conditions of
approval, or is not in compliance with the requirements
of this chapter or procedures, or other City ordinances,
state law or federal law;
2. The City has been denied access to inves-
tigate and perform inspection;
3. The permittee has made a misrepresenta-
tion of a material fact in applying for a permit;
4. The progress or condition of the approved
work or activity indicates that it is or will be inadequate
to protect the public and adjoining property, the street or
utilities in the street, or any excavation or fill endangers
or will endanger the public, the adjoining property,
street or utilities in the street;
5. The right-of-way is being used in violation
of a permit issued under this chapter or is being used in
violation of any provision of this chapter.
B. Upon suspension or revocation of a permit, all
use of the right-of-way shall cease, except as authorized
or directed by the Director.
C. Notice of Revocation. Notice of revocation
shall be by letter.
D. Appeal of Revocation. A revocation may be
appealed pursuant to this chapter. (Ord. 4874 §4, 2003;
Ord. 4650, Repealed & Replaced, 06/12/1999)
11.02.290 STOP WORK ORDERS.
Work in the right-of-way may be suspended by the
issuance of an oral or written stop work order by the
City inspector. (Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.300 ADOPTION OF POLICIES.
The Director may prepare and adopt policies and
procedures for the purpose of implementing this chap-
ter. Such policies do not require approval by the City
Council. (Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.310 APPEALS.
A. Any permittee or applicant for a permit whose
application has been denied or whose permit has been
revoked pursuant to this chapter may, within fourteen
(14) calendar days from the date that the denial or revo-
cation notice was mailed to the permittee or applicant,
appeal such denial or revocation by filing a written
notice of appeal setting forth the grounds therefor with
the Administrative Hearing Examiner pursuant to Chap-
ter 2.13 BMC. A filing fee as set forth in Chapter 3.01
BMC shall be submitted with the appeal, which filing
fee is required to process the appeal. The hearing shall
be conducted in accordance with the procedures for
hearing contested cases set out in Chapter 2.13 BMC.
After the hearing thereon the Administrative Hearing
Examiner shall, after appropriate findings of fact, and
conclusions of law, affirm, modify, or overrule the
denial or revocation and order issuance or reinstatement
of the permit, and may impose any terms thereupon.
B. The decision of the Administrative Hearing
Examiner shall be final. The permittee or applicant
and/or the City may seek review of the decision by the
Superior Court of Washington in and for Kitsap County
within twenty-one (21) calendar days from the date of
the decision. (Ord. 4874 §5, 2003; Ord. 4798, Amended,
05/10/2002; Ord. 4650, Repealed & Replaced,
06/12/1999)
11.02.320 VIOLATION - PENALTY.
A. In lieu of or in conjunction with any remedy
provided for in this chapter, any violation of any provi-
sion of this chapter 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. 4874
§6, 2003; Ord. 4650, Repealed & Replaced,
06/12/1999)
13.04-1 (Revised 1/08)
Chapter 13.04
PARK CODE
Sections:
13.04.010 TITLE.
13.04.020 DEFINITIONS.
13.04.030 SIGNS, BILLBOARDS, ETC.
13.04.040 DESTROYING PARK
PROPERTY.
13.04.050 ANIMALS AT LARGE.
13.04.060 DISCHARGING FIREARMS OR
EXPLOSIVES.
13.04.070 TREATMENT OF ANIMALS
AND BIRDS.
13.04.080 SOLICITING AND PEDDLING.
13.04.100 RIDING MOTOR VEHICLES,
NON-MOTORIZED VEHICLES
AND HORSES.
13.04.110 GAMES AND SPORTS.
13.04.120 POLLUTING WATERS.
13.04.130 FIRES.
13.04.140 LIQUOR.
13.04.150 HOURS.
13.04.160 NONCOMPLIANCE -
EJECTION FROM PARK.
13.04.170 PROCEEDING AGAINST
VIOLATORS.
13.04.180 PENALTY FOR VIOLATIONS.
13.04.010 TITLE.
This chapter shall be known and may be cited as the
park code of the city of Bremerton. (Ord. 2191 §101,
1956)
13.04.020 DEFINITIONS.
The following terms, phrases, words and their deri-
vations will have the meaning given herein, unless
inconsistent with the context. Words using the present
tense include the future. Words in the plural number
include the singular number, and words in the singular
number include the plural number. The word "shall" is
always mandatory and not merely directive:
(1) "Superintendent" is the person immediately in
charge of all park areas and their activities, and to whom
all park attendants of any area are responsible.
(2) "Park" is a park, playground, beach, recreation
center, or any other area in the city owned or used by the
city and devoted to active or passive recreation.
(3) "Person" is any person, firm, partnership, asso-
ciation, corporation, company or organization of any
kind. (Ord. 2191 §102, 1956)
13.04.030 SIGNS, BILLBOARDS, ETC.
It is unlawful to use, place or erect any signboard,
sign, billboard, bulletin board, post, pole or device of
any kind for advertising in any park; or to attach any
notice, bill, poster, sign, wire, rod or cord to any tree,
shrub, railing, post or structure within any park; or with-
out the written consent of the superintendent, to place or
erect in any park, a structure of any kind; provided, that
the superintendent may permit the erection of temporary
directional signs or decorations on occasions of public
celebration and picnics. (Ord. 2191 §103, 1956)
13.04.040 DESTROYING PARK PROPERTY.
It is unlawful to remove, destroy, mutilate or deface
any structure, monument, statue, vase, fountain, wall,
fence, railing, vehicle, bench, shrub, tree, fern, plant,
flower, lighting system, or sprinkling system or other
property lawfully in any park. (Ord. 2191 §104, 1956)
13.04.050 ANIMALS AT LARGE.
It is unlawful to allow or permit any animal to run
at large in any park, or enter any lake, pond, fountain or
stream therein, except that unleashed dogs are allowed
in designated dog park areas within the City of Bremer-
ton park system. (Ord. 4952 §3, 2005: Ord. 2191 §105,
1956)
13.04.060 DISCHARGING FIREARMS OR
EXPLOSIVES.
It is unlawful to shoot, fire or explode any firearm,
fireworks, firecracker, torpedo or explosive of any kind
or to carry any firearm or to shoot or fire any air gun,
bows and arrows, BB gun or use any slingshot in any
park, except the superintendent may authorize archery,
and the firing of small bore arms and fireworks at desig-
nated times and places suitable for their use. (Ord. 2191
§106, 1956)
13.04.070 TREATMENT OF ANIMALS AND
BIRDS.
It is unlawful in any manner to tease, annoy, dis-
turb, molest, catch, injure or kill or to throw any stone or
missile of any kind at or strike with any stick or weapon
any animal, bird or fowl. (Ord. 2191 §107, 1956)
13.04.080 SOLICITING AND PEDDLING.
No person shall solicit alms or contributions for any
purpose, whether public or private, nor expose or offer
for sale any article or thing, nor shall any person station
or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing, except the
licensed concessionaire acting by and under the author-
ity of the superintendent. (Ord. 2191 §108, 1956)
(Revised 1/08)13.04-2
13.04.100 RIDING MOTOR VEHICLES, NON-
MOTORIZED VEHICLES AND
HORSES.
(a) It is unlawful to ride or drive any bicycle, tricy-
cle, skateboard, horse or pony over or through any park
except within and upon the park drives, parkway, park
boulevards and bicycle paths designated for such use, or
at a speed in excess of fifteen (15) miles per hour, except
as otherwise authorized by the Director of Parks and
Recreation.
(b) It is unlawful to park, ride or drive any motor-
cycle or motor vehicle upon, over or through any park
except within and upon park drives, parkways, park
boulevards, rights-of-way or parking lots located within
a park and designated for such use, except as otherwise
authorized by the Director of Parks and Recreation.
(Ord. 4915 §3, 2004; Ord. 4267 §1, 1990; Ord. 2191
§110, 1956)
13.04.110 GAMES AND SPORTS.
It is unlawful to practice or play golf, baseball,
cricket, lacrosse, polo, archery, hockey, tennis, badmin-
ton, or other games of like character or to hurl or propel
any airborne or other missile except at places set apart
for such purposes by the superintendent. (Ord. 2191
§111, 1956)
13.04.120 POLLUTING WATERS.
No person in a park shall throw, discharge, or oth-
erwise place or cause to be placed in the waters of any
fountain, pond, bay or other body of water in or adjacent
to any park or storm sewer, or drain flowing into such
waters, any substance, matter or thing, liquid or solid,
which will or may result in the pollution of the waters.
No person in a park shall have brought in or shall dump,
deposit, or leave any bottles, broken glass, ashes, paper,
boxes, cans, dirt, rubbish, waste, garbage, or refuse, or
other trash. No such refuse or trash shall be placed in
any waters in or contiguous to any park, or left any-
where on the grounds thereof, but shall be placed in the
proper receptacles where they are provided; where
receptacles are not so provided, all such rubbish or
waste shall be carried away from the park by the person
responsible for its presence, and properly disposed of
elsewhere. (Ord. 2191 §112, 1956)
13.04.130 FIRES.
It is unlawful to build any fires in any park except
in areas designated by the superintendent. (Ord. 2191
§113, 1956)
13.04.140 LIQUOR.
It is unlawful to consume within any City park any
liquor as defined in RCW 66.04.010(23), as enacted and
hereinafter amended, except within the boundaries of
the Harborside Fountain Park for events permitted by
the Washington State Liquor Control Board and:
(a) Administered by the operator of the Kitsap
Conference Center at Bremerton Harborside; or
(b) Sponsored by the City. (Ord. 5005 §3, 2007:
Ord. 2191 §114, 1956)
13.04.150 HOURS.
Except for unusual and unforeseen emergencies,
parks shall be open to the public every day of the year
during designated hours. The opening and closing hours
for each individual park shall be posted therein for pub-
lic information. Any section or part of any park may be
declared closed to the public by the superintendent at
any time and for any interval of time, either temporarily
or at regular and intervals (daily or otherwise) and either
entirely or merely to certain uses, as the superintendent
shall find reasonably necessary. (Ord. 2191 §115, 1956)
13.04.160 NONCOMPLIANCE - EJECTION
FROM PARK.
It is unlawful to violate or fail to comply with any
park rule or regulation duly posted by the superinten-
dent, and the superintendent or any park attendant shall
have the authority to eject from a park, any person act-
ing in violation of this chapter. (Ord. 2191 §116, 1956)
13.04.170 PROCEEDING AGAINST
VIOLATORS.
Anyone concerned in the violation of this chapter,
whether directly or indirectly committing the thing that
constitutes the offense, or who aids or abets the same,
and whether present or absent; and anyone who directly
or indirectly counsels, encourages, hires, commands,
induces, or otherwise procures another to commit such
offense, is and shall be a principal under the terms of this
chapter and shall be proceeded against and prosecuted
as such. (Ord. 2191 §117, 1956)
13.04.180 PENALTY FOR VIOLATIONS.
Violation of or failure to comply with the provi-
sions of this chapter shall constitute a misdemeanor and,
upon conviction thereof, be subject to the provisions of
Chapter 1.12 BMC. (Ord. 4733, Reaffirmed,
11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord.
2191 §118, 1956)
(Revised 1/08)
Title 15
MUNICIPAL UTILITIES
Chapters:
15.01 GENERAL PROVISIONS
15.02 WATER
15.03 WASTEWATER
15.04 STORMWATER
15.05 FATS, OILS AND GREASE
15.06 ASSESSMENTS, RATES, FEES AND CHARGES
15.07 UTILITY BILLING
15.08 APPEALS
15.01-3 (Revised 1/08)
are not suited to the siting of commercial, residential or
industrial development consistent with public health or
safety concerns.
(2) "General facilities charges (GFC)" shall
mean the charge established to reflect the proportionate
cost share for existing source, treatment, distribution,
transmission, collection, interception, and storage facil-
ities that will be paid by new customers to the City util-
ity.
(3) "Gravity line" shall mean a sanitary sewer
conveying flow to a point of collection without pump-
ing.
(4) "Ground water" means water in a satu-
rated zone or stratum beneath the surface of land or a
surface water body.
(h) (1) "H.C.F." shall mean hundred cubic feet of
measure.
(2) "Health officer" shall mean the Bremer-
ton/Kitsap County Health Department’s Health Officer.
(i) (1) "Impervious surface" means a surface area
which either prevents or retards the entry of water into
the soil mantle as under natural conditions prior to
development, and/or a surface area which causes water
to run off the surface in greater quantities or at an
increased rate of flow from the flow present under natu-
ral conditions prior to development. Common impervi-
ous surfaces include, but are not limited to, roof tops,
walkways, patios, driveways, parking lots or storage
areas, concrete or asphalt paving, gravel roads and other
gravel surfaces, packed earthen materials, and oiled,
macadam or other surfaces which similarly impede the
natural infiltration of stormwater. Open, uncovered
retention/detention facilities shall not be considered as
impervious surfaces.
(2) "Impervious surface unit" shall mean a
configuration or conglomeration of impervious surface
estimated to contribute an amount of runoff to the City’s
stormwater drainage system which is approximately
equal to that created by the average single-family resi-
dential parcel. One (1) impervious surface unit (ISU) is
equivalent to two thousand five hundred (2,500) square
feet of impervious surface area. For purposes of compu-
tation of rates and charges, only whole impervious units
are considered; fractions are truncated (not rounded up).
(3) "Improper stormwater inflow" shall mean
any kind of stormwater connection or inflow to the
wastewater system prohibited by this chapter including,
but not limited to: roof drains, parking lot drains, curtain
drains, driveway drains and sump pumps.
(i) "Roof drains" shall mean any roof
drain, downspout, scupper or device that collects and
conveys stormwater runoff from a roof surface.
(ii) "Parking lot drain" shall mean any
drain or catch basin that collects stormwater runoff
located within the confines of a parking lot such as those
in pay parking lots, apartment complexes, shopping cen-
ters, etc.
(iii) "Driveway drain" means a drain typi-
cally located below street grade at the bottom of a sloped
driveway.
(iv) "Sump pump" means a pump that
conveys ground water or stormwater runoff to a sewer
system or to the ground surface. A sump pump that col-
lects and conveys ground water or stormwater runoff
from the area outside of the building’s foundation foot-
print to the sanitary sewer system is an improper con-
nection. A sump pump that collects and conveys ground
water or stormwater runoff from the area within the
building’s foundation footprint to the sanitary sewer
system is required to be connected to the sanitary sewer
system. (Kitsap County Health Department code
requires sump pumps located within the foundation
footprint to be connected to the sanitary sewer system.
This is due to the high potential for contamination of rel-
atively clean ground water by human waste, detergents
or other household chemicals or oils which are not
appropriate to discharge into a stormwater sewer sys-
tem.)
(4) "Improved premises" shall mean any area
which has been altered such that the runoff from the site
is greater than runoff prior to development.
(5) "Industrial user" shall mean a business or
other nonresidential property having a wastewater dis-
charge in which the sum of BOD and TSS strength is
between one thousand two hundred (1,200) and one
thousand eight hundred (1,800) milligrams per liter.
(6) "Infiltration" shall mean ground water
entering the sanitary sewer or stormwater system
through open pipe joints, cracks in manhole walls, and
cracked pipe.
(7) "Inflow" shall mean rainwater or other
clean water that enters the sanitary sewer through roof
leader connections, catch basins, yard and foundation
drains, perforated manhole covers, and other openings
to the wastewater system.
(l) (1) "Lateral sewer" shall mean a sanitary
sewer not less than six (6) inches in diameter, con-
structed within a public right-of-way between the main-
line/trunk sewer and the right-of-way line in accordance
with current utility standards.
(m) (1) "Mainline sewer." (See trunk sewer).
(2) "Manual." See Stormwater Management
Manual.
(3) "Mitigation" means, in the following order
of preference:
i. Avoiding the impact altogether by not
taking a certain action or part of an action;
(Revised 1/08)15.01-4
ii. Minimizing impacts by limiting the
degree or magnitude of the action and its implementa-
tion by using appropriate technology or by taking affir-
mative steps to avoid or reduce impacts;
iii. Rectifying the impact by repairing,
rehabilitating or restoring the affected environment;
iv. Reducing or eliminating the impact
over time by preservation and maintenance operations
during the life of the action; and
v. Compensation for the impact by
replacing, enhancing, or providing substitute resources
or environments.
(4) "Multi-family units" shall mean a parcel
of property which has been legally developed with more
than two (2) residential living units.
(n) (1) "Natural location" means the location of
those channels, swales, and other non-manmade con-
veyance systems as defined by topographic contours
existing for the subject property, either from maps or
photographs, or such other means as appropriate.
(2) "New development" means the following
activities: land disturbing activities, structural develop-
ment, including construction, installation or expansion
of a building or other structure; creation of impervious
surfaces; Class IV - general forest practices that are con-
versions from timber land to other uses; and subdivision
and short subdivision of land as defined in RCW
58.17.020. All other forest practices and commercial
agriculture are not considered new development.
(o) (1) "O & M costs" (operation and mainte-
nance) shall mean the total cost of operating and main-
taining the utility system, including, but not necessarily
limited to, costs for labor, supplies and materials, utility
services, vendor services, equipment usage, testing,
taxes and assessments.
(2) "Occupied property" shall mean real prop-
erty on which a structure exists that is being served by
an existing or temporary utility facility.
(p) (1) "Permanent stormwater quality control
(PSQC) plan" means a plan which includes permanent
BMPs for the control of pollution from stormwater run-
off after construction and/or land disturbing activity has
been completed.
(2) "Pollution" means contamination or other
alteration of the physical, chemical, or biological prop-
erties, of waters of the state, including change in temper-
ature, taste, color, turbidity, or odor of the waters, or
such discharge of any liquid, gaseous, solid, radioactive
or other substance into any waters of the state as will or
is likely to create a nuisance or render such waters harm-
ful, detrimental or injurious to the public health, safety
or welfare, or to domestic, commercial, industrial, agri-
cultural, recreational, or other legitimate beneficial uses,
or to livestock, wild animals, birds, fish or other aquatic
life.
(3) "Premises" shall mean a single tract of
land, building, or portion of a building under a single
control and ownership.
(4) "Pressure line" shall mean a sanitary
sewer through which wastewater must be forced by
pumping or gravity pressure to a point of collection.
(5) "Pretreatment" shall mean any physical,
chemical, or biological process to remove, neutralize, or
modify one or more constituents of a waste stream prior
to discharge into the public sewers.
(r) (1) "Redevelopment" means, on an already
developed site, the creation or addition of impervious
surfaces, structural development including construction,
installation or expansion of a building or other structure,
and/or replacement of impervious surface that is not part
of a routine maintenance activity, and land disturbing
activities associated with structural or impervious rede-
velopment.
(2) "Regional retention/detention system"
means a stormwater quantity control structure designed
to correct existing or predicted excess surface water run-
off problems of a basin or subbasin. The area down-
stream has been previously identified as having existing
or predicted significant and regional flooding and/or
erosion problems. This term is also used when a deten-
tion facility is used to detain stormwater runoff from a
number of different businesses, developments or areas
within a drainage basin.
(3) "Reimbursement agreement" shall mean
an agreement entered into between the installer of a util-
ity facility and the Department for the purpose of reim-
bursing the installer for all or part of the costs for
installation or extension of the utility system.
(4) "Retention/detention facility (R/D)"
means a type of drainage facility designed either to hold
water for a considerable length of time and then release
it by evaporation, plant transpiration, and/or infiltration
into the ground; or to hold surface and stormwater run-
off for a short period of time and then release it to the
surface and stormwater drainage system.
(s) (1) "Sanitary sewer" shall mean only those
portions of the utility system which are designated by
the Director to carry, transport, or dispose of waste mat-
ter not constituting storm or surface water permitted by
or under this Code to enter the sewer system.
(2) "Septage waste" shall mean waste material
pumped from an on-site wastewater disposal system
such as a septic tank or cesspool or holding tank.
(3) "Sewage" shall mean the liquid wastes and
all constituents therein that are related to the use of such
sanitation facilities, toilets, bathtubs, showers, sinks,
dishwashers, washing machines, garbage grinders, and
15.01-5 (Revised 1/08)
other devices. However, any other water that enters san-
itary or combined sewers before or after discharge by a
user shall thereafter also be called sewage. "Sewage" is
essentially synonymous with the term "wastewater,"
except that wastewater may also contain liquid wastes
discharged from industrial operations or processes.
(4) "Single-family parcel or unit" shall mean a
parcel which has been developed with a single-family
living unit.
(5) "Site" means the portion of a piece of
property which is directly subject to development.
(6) "Slope" means the degree of deviation of a
surface from the horizontal; measured as a numerical
ratio, percent, or in degrees. Expressed as a ratio, the
first number is the horizontal distance (run) and the sec-
ond is the vertical distance (rise), as 2:1. A 2:1 slope is
a fifty (50) percent slope. Expressed in degrees, the
slope is the angle from the horizontal plane, with a
ninety (90) degrees slope being vertical (maximum) and
forty-five (45) degrees being a 1:1 or one hundred (100)
percent slope.
(7) "Source control BMP" means a BMP that
is intended to prevent pollutants for entering stormwa-
ter. Examples of source control BMPs are erosion con-
trol practices, maintenance of stormwater facilities,
constructing roofs over storage and working areas, oil
water separation devices, and directing wash water and
similar discharges to the sanitary sewer or a dead end
sump.
(8) "Standard construction costs" shall mean
the total cost of installation of a utility piping system,
including the cost of all manholes, distribution system,
or incidental work necessary to place the utility system
in service, meeting the minimum size and installation
requirements of the utility for the intended service.
(9) "Standard sewer connection" shall mean a
connection made to a gravity trunk or lateral sanitary
sewer of the City, except those City sewer lines identi-
fied by the Director as a waterfront or pressure sewer
line.
(10)"Standard sanitary sewer" shall mean a
sanitary trunk sewer not less than eight inches in diam-
eter and constructed in accordance with current utility
standards.
(11)"Standard stormwater line" shall mean a
stormwater line not less than twelve (12) inches in diam-
eter and constructed in accordance with current utility
standards.
(12)"Standard water main" shall mean a water
distribution line not less than eight (8) inches in diame-
ter and constructed in accordance with current Utility
standards.
(13)"Stormwater" means that portion of pre-
cipitation that does not naturally percolate into the
ground or evaporate, but flows via overland flow, inter-
flow, channels or pipes into a defined surface water
channel, or a constructed infiltration facility.
(14)"Stormwater drainage system" means con-
structed and natural features which function together as
a system to collect, convey, channel, hold, inhibit,
retain, detain, infiltrate, divert, treat or filter stormwater.
(15)"Stormwater facility" means a constructed
component of a stormwater drainage system, designed
or constructed to perform a particular function, or mul-
tiple functions. Stormwater facilities include, but are not
limited to, pipes, swales, ditches, culverts, street gutters,
detention basins, retention basins, constructed wetlands,
infiltration devices, catchbasins, oil/water separators,
sediment basins and modular pavement.
(16)"Stormwater Management Manual" or
"Manual" means the Manual adopted by reference by
the City which may include excerpts from the King
County Stormwater Design Manual (November 1992)
and such other standards of the City incorporated in the
"System Development and Construction Standards
Manual."
(17)"Stormwater system" shall mean all facili-
ties for collecting, transporting, pumping, treating and
discharging stormwater.
(t) (1) "TSS" (denoting total suspended solids)
shall mean materials that either float on the surface of,
or are in suspension in, water, sewage, or other liquids,
and which are removable by laboratory filtering.
(u) (1) "Undeveloped parcels" shall mean any
parcel of real property that has not been altered by grad-
ing or filling of the ground surface, or by construction of
any improvement or other impervious surface area that
affects the hydraulic properties of the parcel.
(2) "Unoccupied parcel" shall mean real prop-
erty on which no structure requiring utility service
exists.
(3) "User" shall mean any person, business, or
institution owning or controlling property for which
utility service is provided and who is responsible for an
account.
(4) "User parcel" shall mean any parcel of
land within the utility service area to which water,
sewer, or stormwater service is currently provided or to
which a charge is imposed therefor, or any other of land
with any significant man-made impervious surface.
(5) "Utility" shall mean the water, wastewa-
ter, and stormwater utility systems of the City.
(v) (1) "Verified strength user" shall mean any
user whose wastewater exceeds the strength limits of the
industrial user class or who desires to be charged for
(Revised 1/08)15.01-6
wastewater service on the basis of its specific discharge
rather than average class strength.
(w) (1) "Wastewater" shall mean liquid wastes,
and all constituents dissolved or suspended therein, dis-
charged by residential, commercial, or industrial users
of the wastewater facilities system. "Wastewater" is
essentially synonymous with the term "sewage."
(2) "Wastewater system" shall mean all facil-
ities for collecting, transporting, pumping, treating, and
disposing of sewage, including sludge utilization.
(3) "Water system" shall mean all facilities
for treatment, transmission and distribution of water.
(4) "Watershed" means a geographic region
within which water drains into a particular river, stream,
or body of water as identified and numbered by the State
of Washington Water Resource Inventory Areas
(WRIAs) as defined in Chapter 173-500 WAC.
(5) "Wetlands" means those areas as defined
in the City’s Critical Areas Ordinance and include areas
that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prev-
alence of vegetation typically adopted for life in satu-
rated soil conditions. (Ord. 5026 §1, 2007; Ord. 4909
§1, 2004; Ord. 4734; Reaffirmed, 11/30/2000; Ord.
4684, Amended, 12/28/1999; Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.01.030 UTILITY SERVICE AGREEMENT.
(a) Each customer of the utility and any person
requesting utility service from the utility for water,
wastewater, or stormwater shall be required to make
application and enter into a utility service agreement.
Agreements shall be executed prior to connection to the
utility system or activation of the account.
(b) The agreement shall include the name and
address of the owner and the service address of the pre-
mises served together with the service requested. The
agreement shall be signed by the owner of the property
or his designated agent and shall be filed with the
Department. The applicant shall pay all fees for installa-
tion of the utility service as herein provided at the time
of filing.
(c) The agreement for service shall constitute a
contract between the applicant and the Department in
which the applicant agrees to pay for service provided at
the rate and in the manner specified.
(d) The agreement shall be effective at the time it
is signed by the Director or his designee and charges for
service to the premises shall be assessed from date of
connection.
(e) Estimated fees, assessments, and conditions
quoted by the Department in writing for utility service
shall become invalid after one hundred eighty (180)
days from the date of the estimate unless the applicant
enters into a utility service agreement with the Depart-
ment prior to that time. (Ord. 4909 §2, 2004; Ord. 4454
§1 (in part), 1994; Ord. 4442 §4, 1993; Ord. 4309 §2 (in
part), 1991)
15.01.040 CONDITIONS OF SERVICE -
RETAIL.
(a) Access. The Department shall, as a condition
of providing utility service, be granted the authority by
the property owner to make reasonable periodic inspec-
tions of the service connection and related appurte-
nances. Such inspections may be by the Department or
other appropriate agency to enforce any of the provi-
sions of local, State, or federal laws, or any regulation
adopted hereunder. Failure to conform to the terms and
conditions shall constitute a breach of the agreement,
and shall entitle the Department to charge fees and
enforce penalties or discontinue the service after notice
as set forth in BMC 15.07.080 for delinquent accounts.
(b) Interruption/Failure of Service. The Depart-
ment reserves the right to temporarily discontinue ser-
vice at any time without notice to the consumer and the
City shall not be liable for damages for such interruption
or failure nor be held in breach of contract.
It shall further be provided that the City shall not be
held responsible for any damages resulting from defec-
tive plumbing or appliances on the premises, and the
fact that the agents of the Department or City have
inspected the plumbing and appliances shall not consti-
tute a basis of recovery. Damages to premises resulting
from the utility system having been interrupted or failed
shall not constitute a breach of contract on the part of the
Department or in any way relieve the consumer from
performing the obligations of his contract. (Ord. 4454
§1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.050 CONDITION OF SERVICE -
CONTRACT.
The Department may contract for sale of surplus
water or collection of wastewater and/or stormwater
with other districts or other public agencies providing
utility service. Such services shall be through a whole-
sale contract, under such terms and conditions as shall
be deemed fair and equitable by the Department and
approved by the City Council. (Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.01.060 PENALTY FOR FALSE
INFORMATION.
The conveyance to the Department of false infor-
mation in an application for a utility service or adjust-
ment credits shall forfeit the customer’s rights to service
or credits, and the customer, in the case of a credit
adjustment, shall be required to reimburse the amount of
the credit received where based upon such false infor-
15.01-7 (Revised 1/08)
mation. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in
part), 1991)
15.01.070 DEVELOPER SYSTEM
IMPROVEMENT - AGREEMENTS.
(a) A property owner or owners of any specified
area situated within the utility service area requiring
utility service may petition the Department to construct
public system improvements. The Department shall
review the petition, and, subject to the utility compre-
hensive plan, engineering and economic feasibility, and
at the Department’s option, construct the improvements
upon execution of a system improvement agreement
between the owner and the Department specifying the
improvements. The estimated costs for said improve-
ments shall be paid in full upon execution of the agree-
ment. When completed and accepted by the Department
in writing, the improvements shall become part of the
utility’s system and shall be conveyed by bill of sale
prior to service.
(b) If sixty (60) percent or more of the property
owners of a specified area situated within the utility ser-
vice area petition the City to construct public system
improvements, the City may construct said improve-
ments upon execution of a system improvement agree-
ment between the property owners and the City
specifying the improvements, the terms and conditions
for the improvements, and the reimbursement of all
costs associated with the improvements. Reimburse-
ment at actual cost for the improvements may be paid in
full or in monthly installments plus interest at a rate set
in the system improvement agreement with twenty (20)
percent of the cost due prior to installation and the bal-
ance together with interest due within thirty-six (36)
months of the date from the completion and City accep-
tance of the improvement.
(c) Deferred payments for the construction of sys-
tem improvements shall be limited to system improve-
ments and shall exclude connection fees and general
facility fees.
(d) The City may construct the improvements, on
behalf of the property owners, utilizing City staff, nego-
tiated contracts, or competitive bids subject to State stat-
utes governing utility construction.
(e) Property owners or developers of plats or
developments shall have the option of installing the
plat’s interior utility system and connection to the utility
system at their expense, subject to utility development
and construction standards. The owner or developer
shall pay charges according to the conditions of any
existing reimbursement agreement for any main
installed through a system improvement agreement.
(Ord. 4909 §3, 2004; Ord. 4512 §1, 1995; Ord. 4454 §1
(in part), 1994; Ord. 4309 §2 (in part), 1991)
15.01.080 DEVELOPER SYSTEM
IMPROVEMENTS - FEES.
The subsequent connection to the system improve-
ments by the property owner shall be subject to applica-
ble fees for service to include general facility fees,
connection fees, and any other applicable fees estab-
lished under this title. (Ord. 4309 §2 (in part), 1991)
15.01.090 DEVELOPER SYSTEM
IMPROVEMENTS -
REIMBURSEMENT.
(a) The City may enter into agreements with prop-
erty owners responsible for the installation of system
improvements to provide for reimbursement to owners
by others benefiting from the improvements and con-
necting to the improvements at a later time (latecomers).
(b) Requests for reimbursement shall be made in
writing prior to drafting the system improvement agree-
ment and specific provisions of recovery shall be
included in the agreement. The Department shall deter-
mine the area that is subject to the cost recovery and
shall identify the properties benefiting from the utility
system improvements in a description or a drawing that
will become part of the system improvement agreement.
(c) Reimbursement from each benefiting property
owner shall be determined by the Department as stipu-
lated in the system improvement agreement. Cost recov-
ery payments by properties benefiting from connections
to developer extensions shall be collected by the City.
(d) Reimbursement to the property owner con-
structing the improvement shall be limited to fifteen
(15) years from the date of acceptance of the improve-
ment. The City shall retain fifteen (15) percent of the
cost recovery payments for maintaining records and
administration of the program and forward the remain-
der of the payment to the property owner who originally
constructed the water, wastewater, or stormwater sys-
tem improvement. (Ord. 4909 §4, 2004; Ord. 4512 §2,
1995; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in
part), 1991)
15.01.100 SYSTEM DEVELOPMENT AND
CONSTRUCTION STANDARDS.
The system development and construction stan-
dards are those as defined and adopted in BMC
11.12.090, also referred to as the "City Standards."
(Ord. 4856 §1, 2003)
15.01.110 UTILITY PERMIT REQUIRED.
A utility permit shall be required by the Department
for all projects, alterations, repairs or connections to the
utility system. These activities include, but are not lim-
ited to, activities associated with the installation of new
utility systems to be constructed by others and conveyed
to the Department under the terms of a utility system
improvement agreement; the opening, alteration, repair,
(Revised 1/08)15.01-8
or replacement of the utility system; the connection to
the utility system; and the abandonment or disconnec-
tion from the utility system.
The entering into a utility system improvement
agreement with the City shall not relieve the agreement
holder of the responsibility for obtaining such other per-
mits and licenses as may be required by the Department,
City, County or other districts in whose jurisdictions the
improvements/repairs are made.
The permits shall be available from the Department
with fees established by the Utility Fee and Rate Sched-
ule. (Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in
part), 1991)
15.03-3 (Revised 1/08)
Department and will not be removed unless service to
the premises is discontinued or abandoned. Connections
shall not be removed or in any way disturbed except by
a representative of the Department and/or as approved
by the Department
When required by the Department, the property
owner shall install and maintain at their expense a man-
hole in the side sewer to facilitate observation, sam-
pling, and measurement of the wastewater strengths and
flows. The manhole shall be located as approved by the
Department and constructed in accordance with the Sys-
tem Development and Construction Standards. (Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.100 SAMPLING STATIONS.
When required by the Department, the property
owner shall install and maintain at their expense a man-
hole in the side sewer to facilitate observation, sam-
pling, and measurement of the wastewater strengths and
flows. The manhole shall be located as approved by the
Department and constructed in accordance with the Sys-
tem Development and Construction Standards. (Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.110 PRELIMINARY TREATMENT
FACILITIES.
Preliminary treatment may be required by the City
if the Biochemical Oxygen Demand (BOD) of the sew-
age, industrial waste, or wastewater exceeds two hun-
dred fifty (250) parts per million (1,000,000) by weight,
or contains prohibited discharges as defined herein, or
exceeds other applicable standards or regulations. Such
preliminary treatment facilities shall be approved by the
Department and constructed, operated, and maintained
by the owner at the owner’s expense. (Ord. 4454 §1 (in
part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.120 BACKWATER VALVES.
When a premise discharges wastewater into a force
main or pressure main or wherever a situation exists
involving an unusual danger of backflow, a backwater
valve shall be required and shall be installed in a manner
accessible for maintenance. The effective operation of
the backwater valve shall be the sole responsibility of
the owner connecting to the wastewater system. The
installation shall meet the requirements of the System
Development and Construction Standards. (Ord. 4309
§2 (in part), 1991)
15.03.130 ABANDONMENT.
When a property owner demolishes or removes a
building which was connected to the wastewater sys-
tem, the owner shall be required to expose and plug the
side sewer at the property line in accordance with the
Utility Development and Construction Standards. (Ord.
4309 §2 (in part), 1991)
15.03.140 WASTEWATER SYSTEM
OPERATION AND
MAINTENANCE - GENERAL.
The Department shall be responsible for the opera-
tion, maintenance and repair of the wastewater system
and appurtenances under its jurisdiction and located
within the public right-of-way, dedicated utility ease-
ments and City-owned property. The Department shall
not be responsible for servicing private systems beyond
the right-of-way, except as provided in this chapter.
When maintenance, repair, or replacement of pub-
licly owned facilities is required due to user activity
resulting in unsafe, nonconforming or unauthorized
conditions as set forth in this section, the responsible
party shall be liable for all costs of repairs, replacement
and inspection, and any other costs incurred to the City
as a result of such activities. (Ord. 4454 §1 (in part),
1994; Ord. 4309 §2 (in part), 1991)
15.03.150 INTERRUPTION OF SERVICE -
EMERGENCY.
The Department may restrict the use of the system
through regulation or control of the use whenever an
emergency exists affecting the wastewater collection
and treatment system, or for the purpose of making
repairs, extensions, or any other necessary work. If time
allows, the Department will provide notice of such
emergency in the daily newspapers setting forth any
limitations on the use of the system that may be deemed
necessary for public health and safety.
The City shall not be held responsible for any dam-
age to private property resulting from interruption, fail-
ure of the wastewater system, or failure of the property
owner to comply with the provisions of this Code. (Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.160 ABATEMENT OF
NONCONFORMING,
UNAUTHORIZED OR UNSAFE
CONDITIONS.
The Department shall be responsible for the integ-
rity, safety, and continuity of the wastewater system. As
a condition of the Utility Service or Development
Agreement the property owner shall grant the Depart-
ment the authority to make inspections at any reasonable
time if the Department or other appropriate agency has
reasonable cause to believe there exists on premises a
nonconforming, unauthorized, or unsafe condition or to
verify no such condition exists. The Director or his des-
ignee may enter onto such property to inspect the condi-
tion or to perform any duties imposed upon the
Department by this Code provided the Department shall
first make reasonable efforts to contact the owner or per-
son responsible for such property.
The Department shall have recourse to every rem-
edy provided by law to secure entry and abate the con-
(Revised 1/08)15.03-4
ditions. Such remedies may include, but not be limited
to, securing property owner corrections; revocation,
suspension, or discontinuation of service, permits, or
authorizations; removal, reconstruction, replacement, or
alteration of unauthorized condition; or all other powers
and remedies that may be available under this title and
regulations and procedures adopted hereunder.
Expenses incurred by the Department in abating such
condition shall constitute a civil debt to the City. (Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.03.170 REPAIR OF PRIVATE SYSTEMS.
Whenever any private wastewater system con-
nected with the City’s wastewater system becomes
obstructed, broken, or in disrepair the owner shall make
all repairs within five (5) days after notification by the
Health Officer or Director. If the owner fails to make
repairs within the five (5) day period, the Department
may abate the condition. When two (2) or more houses
or buildings are connected to the same private sewer, the
owners shall be jointly and severally liable for work
done by the Department.
If the work done is pursuant to a granted permit as
hereinabove described, is not constructed and com-
pleted in accordance with the provisions of this Code
and the plans and specifications as approved by the
Director, and if the contractor or person doing the work
shall refuse to properly construct and complete such
work, notice of such failure or refusal shall be given to
the owner of the property, for whom the work is being
done, as herein provided. The Director shall cause such
work to be completed and the wastewater system con-
nected in the proper manner, and the full cost of such
work and any materials necessary therefor, shall be col-
lected from the owner. (Ord. 4454 §1 (in part), 1994;
Ord. 4309 §2 (in part), 1991)
15.03.180 EXCESSIVE DISCHARGE.
When excessive discharge periodically overloads
the capacity of the side sewer supplying service to any
premises, the Director shall determine the size of the
side sewer from the main necessary to give proper ser-
vice without damage to the system and notify the owner
of the required change in the size of the side sewer
installation. The replacement of the side sewer shall be
at the expense of the owner. Failure on the part of the
owner to comply with the request within thirty (30) days
shall be cause for the termination of wastewater service
until such change has been made. (Ord. 4309 §2 (in
part), 1991)
15.03.190 WASTEWATER SYSTEM
CLEANING.
All side sewer cleaning contractors and/or plumb-
ers and owners, engaged in cleaning existing side sew-
ers (as distinguished from plumbing and septic tank
facilities) shall notify the Department prior to beginning
such operations. (Ord. 4454 §1 (in part), 1994; Ord.
4309 §2 (in part), 1991)
15.03.200 CHANGED SITE CONDITIONS.
When an existing structure is removed and a new
structure is constructed on the same property, a new
wastewater Utility Service or Development Agreement
is required. Any existing side sewer that does not meet
the current standards and requirements shall be replaced
as directed by the Department. (Ord. 4454 §1, 1994;
Ord. 4309 §2 (in part), 1991)
15.03.210 PROHIBITED ACTS.
Violations of this section shall be punishable as
misdemeanors unless otherwise indicated.
(a) Unlawful Tampering. It shall be unlawful for
any person, unless duly authorized by the Department,
to disturb, interfere with, or damage any wastewater
facilities, including pipe, machinery, or tools, or build-
ings, improvements, or other appurtenances belonging
to, connected with, or under the jurisdiction of the
Department.
(b) Prohibited Discharges. It shall be unlawful for
any person to deposit in any manhole, lamphole, flush
tank, sewer opening, drain, ditch, or natural water
course:
(1) Any garbage, rubbish, dead animals, or
any substance which will obstruct, or have a tendency to
obstruct, the flow of any sewer, drain, ditch, or natural
water course.
(2) Discharges containing toxic, poisonous, or
flammable solids, liquids, or gases in sufficient quan-
tity, either singly or by interaction with other wastes, to
injure or interfere with any sewage collection or treat-
ment process, constitute a hazard to humans or animals,
create a public nuisance, or create any hazard in the
receiving waters of the wastewater treatment plants.
(3) Any strong acid waste, strong alkaline
waste or other waste with corrosive properties capable
of causing damage or hazard to the structures, equip-
ment, or personnel of the City.
(4) Any waste that:
(i) Contains polar and nonpolar fats, oils
and greases in amounts that cause a visible sheen on the
discharge or in the public sewer system;
(ii) Causes a build-up of grease in any
public sewer facility;
(iii) Causes an obstruction of the public
sewer system;
(iv) Found to contain more than one hun-
dred (100) parts per million (1,000,000) by weight of
fats, oils and grease as measured using analytical proce-
dures established in 40 CFR Part 136; or
15.03-5 (Revised 1/08)
(v) Any discharge that violates Chapter
15.05 BMC entitled "Fats, Oils and Grease."
(5) Overflows from unpolluted water storage
facilities.
(6) Clear water from refrigeration, reverse-
cycle heat pumps, and cooling or air-conditioning
equipment installed hereafter, except for the periodic
draining and cleaning.
(7) Steam exhaust or blow-off, or any heated
water until the temperature thereof has been reduced to
less than one hundred (100) degrees Fahrenheit.
(8) Waste containing suspended solids of
such character and quantity that unusual attention or
expense is required to handle such materials in the sewer
system or at the wastewater treatment plant.
(9) Any obnoxious or malodorous gas or sub-
stance capable of creating a public nuisance.
(10)Any septic tank wastes.
(11)Any new stormwater discharges. (Ord.
5009 §1, 2007: Ord. 4454 §1 (in part), 1994; Ord. 4309
§2 (in part), 1991)
15.05-1 (Revised 1/08)
Chapter 15.05
FATS, OILS AND GREASE
Sections:
15.05.010 ADMINISTRATION.
15.05.020 PURPOSE.
15.05.030 APPLICABILITY.
15.05.040 DEFINITIONS.
15.05.050 GREASE INTERCEPTOR
REQUIREMENT.
15.05.060 STANDARDS.
15.05.070 ENZYMES, BACTERIA AND
OTHER AGENTS.
15.05.080 INSPECTION, MONITORING
AND REPORTING.
15.05.090 VIOLATION - PENALTY.
15.05.010 ADMINISTRATION.
The provisions of this chapter shall be administered
by the Director of Public Works and Utilities or his or
her designee. (Ord. 5009 §2 (part), 2007)
15.05.020 PURPOSE.
The purpose of this chapter is to aid in the preven-
tion of sanitary sewer blockages and obstructions from
contributions and accumulation of animal- or vegetable-
derived fats, oil and greases discharged to the sanitary
sewer system from industrial or commercial establish-
ments, particularly food preparation and serving facili-
ties.
The objectives of this program are to use reasonable
and technically feasible controls to:
(a) Eliminate sanitary sewer overflows.
(b) Reduce the amount of fats, oils and grease dis-
charged to the sanitary sewer collection system.
(c) Reduce maintenance costs for the sanitary
sewer collection system.
(d) Improve operation of the sanitary sewer collec-
tion system. (Ord. 5009 §2 (part), 2007)
15.05.030 APPLICABILITY.
This chapter applies to all food processing estab-
lishments, food sales establishments, food service estab-
lishments and any other facility that discharges polar
grease to the sanitary sewer collection system and is
located within the boundaries of the City of Bremerton’s
wastewater collection system on or after the effective
date of the ordinance codified in this chapter. (Ord. 5009
§2 (part), 2007)
15.05.040 DEFINITIONS.
"Best management practices (BMPs)" means a tech-
nique or methodology that, through experience and
research, has proven to reliably lead to a desired result.
"City" means City of Bremerton.
"Facility" means any food processing establishment,
food sales establishment, or food service establishment.
"Fats, oils and greases" means organic compounds
derived from animal and/or plant sources that contain
multiple carbon triglyceride molecules. These sub-
stances are detectable and measurable using analytical
procedures established in Title 40 of the Code of Federal
Regulations Part 136 (40 CFR 136). Commonly referred
to as "polar."
"Food" means any raw, cooked, or processed edible
substance, ice, or ingredient used or intended for use or
sale in whole or in part for consumption.
"Food processing establishment (FPE)" means a
commercial establishment in which food is manufac-
tured or packaged for consumption.
"Food sales establishment (FSE)" means retail and
wholesale grocery stores, retail seafood stores, food pro-
cessing plants, bakeries, confectioneries, fruit, nuts and
vegetable stores and places of business and similar
establishments, mobile or permanent, engaged in the
sale of food primarily for consumption off premises.
"Food service establishments (FSE)" means any
establishment for the preparation and serving of meals,
lunches, short orders, sandwiches, frozen desserts, or
other edible products and/or are required to have a Food
Business Permit issued by Kitsap County Department of
Health. The term includes: restaurants, coffee shops,
cafeterias, short order cafes, luncheonettes, taverns,
lunchrooms, places which manufacture retail sand-
wiches, soda fountains, institutional cafeterias, catering
establishments, food vending vehicles, and operations
connected therewith; and similar facilities by whatever
name called.
"Grease" means rendered animal fat, vegetable short-
ening, and other such oily matter used for the purposes
of and resulting from preparing and/or cooking food.
"Grease removal unit" means a device designed to
separate fats, oils, and grease from liquid waste prior to
the wastewater entering the sanitary sewer system.
"Grease interceptor" means an interceptor of at least
seven hundred fifty (750) gallon capacity whose rated
flow exceeds fifty (50) gallons per minute (gpm) to
serve one (1) or more fixtures and which is remotely
located underground and outside of a food service facil-
ity. It is designed to collect, contain or remove food
wastes and grease from the waste stream while allowing
the balance of the liquid waste ("gray water") to dis-
charge to the wastewater collection system by gravity.
"Grease trap" means a device located inside a food
service facility designed to retain grease from one (1) to
a maximum of four (4) fixtures whose rated flow is fifty
(Revised 1/08)15.05-2
(50) gallons per minute (gpm) or less. It is designed to
collect, contain or remove food wastes and grease from
the waste stream while allowing the balance of the liq-
uid waste to discharge to the wastewater collection sys-
tem by gravity or mechanical means.
"Minimum design capability" means the design fea-
tures of a grease interceptor and its ability to or the vol-
ume required to effectively intercept and retain greases
from grease-laden wastewaters discharged to the sani-
tary sewer system.
"Nonpolar (mineral origin)" means any water or
waste which contains more than one hundred (100) parts
per million (1,000,000) by weight of fat, oil or grease as
measured using analytical procedures established in 40
CFR Part 136.
"Polar (animal and vegetable origin)" means any
water or waste which has visible fats, oils or grease
floating on the surface or adhering to the sides of the
sample containers.
"Rendering/disposal company." Any facility that has
a grease interceptor shall utilize a licensed rendering and
disposal company.
"Uniform Plumbing Code (UPC)" governs the
requirements for the installation, alteration, removal,
replacement, repair or construction of all plumbing.
"User" means any person who contributes, causes or
permits the contribution of wastewater into the City of
Bremerton sanitary sewer system. (Ord. 5009 §2 (part),
2007)
15.05.050 GREASE INTERCEPTOR
REQUIREMENT.
(a) Fats, Oils and Grease Control Program. All
facilities are required to submit a fats, oils and grease
control program. The goal of the program is to imple-
ment reasonable and technically feasible controls of
free-floating fat, oil and grease. The basic components
of the program should include:
(1) A written program articulating manage-
ment and corporate support for the plan and a commit-
ment to implement planned activities and achieve
established goals through the implementation and
enforcement of best management practices.
(2) A description of the facility type and a
summary of the products made and/or service provided.
(3) A description of current reduction, recy-
cling and treatment activities.
(4) Schematics of the process areas illustrat-
ing drains and discharge points connected to the sanitary
sewer.
(5) Specific performance goals and imple-
mentation schedule.
(6) Initial training for new employees and
refresher training every six (6) months.
(b) New Facilities. On or after the effective date of
the ordinance codified in this chapter, food processing
establishments, food sales establishments, or food ser-
vice establishments which are newly proposed or con-
structed shall be required to install, operate and maintain
an approved type and adequately sized grease intercep-
tor necessary to maintain compliance with requirements
as described in the standards for interceptor/grease trap
of this chapter.
(c) Existing Facilities with Grease Removal. On or
after the effective date of the ordinance codified in this
chapter, existing food processing establishments, food
sales establishments, or food service establishments
shall be permitted to operate and maintain existing
grease interceptors or grease traps; provided, that the
equipment is in efficient operating condition. All such
establishments are required to develop and implement
best management practices (BMPs) to reduce the quan-
tity of fats, oil and grease discharged to the sanitary
sewer collection system. Any facilities that are known to
cause grease-related cleaning activities in the sanitary
sewer, a grease-related sanitary sewer overflow or fail to
implement and enforce BMPs will be required to install
a properly sized and functioning grease interceptor
designed to meet the City’s grease control requirements
as described in the standards for interceptor/grease trap
of this chapter. (Polar and nonpolar fats, oils and greases
in amounts that cause a visible sheen on the discharge or
in the public sewer system, a build-up of grease in any
public sewer facility, which accumulations, either alone
or in combination with other discharges, cause an
obstruction of the public sewer system or any water or
waste which contains more than one hundred (100) parts
per million (1,000,000) by weight of fats, oils and grease
as measured using analytical procedures established in
40 CFR Part 136.) Installation must be completed within
ninety (90) calendar days from notification by the City
or as otherwise specified by other governing agencies.
(d) Existing Facilities without Grease Removal.
Any food processing establishments, food sales estab-
lishments, or food service establishments that expand by
twenty-five (25) percent their seating capacity for food
service shall be required to install, operate and maintain
an approved type and adequately sized grease intercep-
tor necessary to maintain compliance with requirements
as described in the standards for interceptor/grease trap
of this chapter.
(e) Existing Facilities with/without Grease
Removal. Establishments that:
(1) Expand by twenty-five (25) percent their
seating capacity for food service; or
(2) Renovate or remodel with a valuation
greater than or equal to twenty-five (25) percent of the
building’s assessed value using the current year as
15.05-3 (Revised 1/08)
recorded by the Kitsap County Assessor’s office (accu-
mulative during any sixty (60) month period); or
(3) Are known to cause grease-related clean-
ing activities in the sanitary sewer; or
(4) Contributed to a grease-related sanitary
sewer overflow; or
(5) Fail to implement and enforce BMPs;
will be required to install a properly sized and function-
ing grease interceptor designed to meet the City’s grease
control requirements as described in the standards for
interceptor/grease trap of this chapter. (Polar and non-
polar fats, oils and greases in amounts that cause a visi-
ble sheen on the discharge or in the public sewer system,
a build-up of grease in any public sewer facility, which
accumulations, either alone or in combination with
other discharges, cause an obstruction of the public
sewer system or any water or waste which contains
more than one hundred (100) parts per million
(1,000,000) by weight of fats, oils and grease as mea-
sured using analytical procedures established in 40 CFR
Part 136.) Installation must be completed within ninety
(90) calendar days from notification by the City or as
otherwise specified by other governing agencies.
(f) Variance from Grease Interceptor Require-
ments. Grease interceptors required under this chapter
shall be installed unless the City authorizes the installa-
tion of a grease trap or other alternative pretreatment
technology after determining that the installation of a
grease interceptor would not be feasible due to space
constraints or other considerations. The facility bears
the burden of demonstrating that the installation of a
grease interceptor is not feasible and that the variance
will not cause the facility any problems in meeting the
requirements as described in the standards for intercep-
tor/grease trap of this chapter. (Polar and nonpolar fats,
oils and greases in amounts that cause a visible sheen on
the discharge or in the public sewer system, a build-up
of grease in any public sewer facility, which accumula-
tions, either alone or in combination with other dis-
charges, cause an obstruction of the public sewer system
or any water or waste which contains more than one
hundred (100) parts per million (1,000,000) by weight
of fats, oils and grease as measured using analytical pro-
cedures established in 40 CFR Part 136.) The request for
an alternate grease removal device or grease trap shall
contain the following information:
(1) Detailed explanation of the reason(s) that
the installation of a grease interceptor is not feasible.
(2) Location of the sanitary sewer main in
relation to available exterior space outside the building.
Alternative pretreatment technology includes, but
is not limited to, devices that are used to trap, separate,
and hold grease from wastewater and prevent it from
being discharged into the sanitary sewer collection sys-
tem. Any alternative technology must result in a dis-
charge that meets the requirements as described: polar
and nonpolar fats, oils and greases in amounts that cause
a visible sheen on the discharge or in the public sewer
system, a build-up of grease in any public sewer facility,
which accumulations either alone or in combination
with other discharges cause obstruction of the public
sewer system or any water or waste which contains
more than one hundred (100) parts per million
(1,000,000) by weight of fats, oils and grease as mea-
sured using analytical procedures established in 40 CFR
Part 136. The City, prior to installation, must approve
any alternative pretreatment technology. (Ord. 5009 §2
(part), 2007)
15.05.060 STANDARDS.
(a) Grease Interceptor.
(1) Each facility is solely responsible for the
cost of the grease interceptor installation, inspection,
cleaning and maintenance.
(2) Grease interceptor sizing and installation
shall conform to the requirements contained in the cur-
rent edition of the Uniform Plumbing Code (UPC) or
other criteria as determined on a case-by-case basis
based on review of relevant information, including, but
not limited to, grease interceptor performance, waste
stream characteristics, facility location, maintenance
needs, and/or inspection needs. The aforementioned
determinations may or may not conform to the Uniform
Plumbing Code construction standards or sizing criteria
for grease interceptors or similar devices. The minimum
capacity of any exterior grease interceptor will be one
thousand five hundred (1,500) gallons unless approved
by the Director of Public Works. Supporting sizing cal-
culations shall be submitted to the City.
(3) Grease interceptors shall be designed
using standard engineering principles for sedimentation
and flotation in gravity separators. The grease intercep-
tor will have a minimum of two (2) compartments with
fittings designed for grease retention.
(4) Grease interceptors shall be installed in
accordance with City standard details.
(5) Grease interceptors shall be installed at a
location where it is easily accessible for sample collec-
tion, inspection, and cleaning and removal of retained
grease. The grease interceptor may not be installed in
any part of the building, unless preapproved, and the
location must meet the approval of the City.
(6) Grease interceptors shall be located in the
food service establishment’s lateral line between all fix-
tures which may introduce grease into the sanitary sewer
and the connection to the sanitary sewer collection sys-
tem. Such fixtures shall include but not be limited to
sinks, dishwashers, floor drains for food preparation and
(Revised 1/08)15.05-4
storage areas, mop sinks, and any other fixture which is
determined to be a potential source of grease.
(7) Grease interceptors must be vented.
(8) Flushing the grease interceptor with water
having a temperature in excess of one hundred forty
(140) degrees Fahrenheit is prohibited (maximum tem-
perature for affect on concrete).
(9) Grease interceptors shall be equipped with
a sampling port at the outlet of the interceptor. Inspec-
tion tees and manholes must enable the utility to monitor
and test the discharge for compliance with utility
requirements or to allow monitoring and testing in
accordance with the rules and regulations of other fed-
eral, State or local agency having governmental or con-
tractual jurisdiction within the utility service area.
(10)Access manholes, with a minimum diam-
eter of twenty-four (24) inches, shall be provided over
each chamber and sanitary tee. The access manholes
shall extend at least to finished grade and be designed to
prevent water inflow or infiltration. The manholes shall
also have readily removable covers to facilitate inspec-
tion, cleaning and removal of retained grease and sam-
ple collection. Riser maximum will not exceed twenty-
four (24) inches.
(11)Grease interceptors shall be considered
out of compliance if the total volume of grease and sol-
ids displaces more than twenty-five (25) percent of the
effective volume of the final chamber of the interceptor.
Grease interceptors must be serviced and emptied of
accumulated waste content as required maintaining a
minimum design capability or effective volume, but not
less than once every ninety (90) calendar days. If a facil-
ity determines that cleaning every ninety (90) calendar
days is unnecessary in order to remain in compliance
with requirements, the facility may make a written
application for a variance from the cleaning schedule.
(12)Sanitary wastes (restroom wastes) cannot
be introduced into the grease interceptor.
(13)Any facility that has a grease interceptor
shall maintain a pumping contract with a licensed grease
pumping company. The pumping company will pump
the interceptor on a regular schedule without notifica-
tion from the food service. The pumping company will
notify the City if the contract is canceled by either party.
(14)Wastes removed from a grease interceptor
shall be disposed of at a facility permitted to receive
such waste. Neither grease, solids nor liquids removed
from grease interceptors shall be returned to any grease
interceptor, private sanitary sewer line, any portion of
the sanitary sewer collection system or any portion of
the stormwater system.
(15)All facilities shall maintain a written
record of inspection and maintenance activities and the
rendering/disposal company manifest for a minimum of
three (3) years. All such records shall be submitted to
the City and made available for on-site inspection dur-
ing all operating hours.
(b) Grease Trap. Each facility is solely responsible
for the cost of the grease trap installation, inspection,
cleaning and maintenance.
(1) Grease trap sizing and installation shall
conform to the requirements contained in the current
edition of the Uniform Plumbing Code or other criteria
as determined on a case-by-case basis based on review
or relevant information, including, but not limited to,
grease trap performance, waste stream characteristics,
facility location, maintenance needs, and/or inspection
needs. The aforementioned determinations may or may
not conform to the Uniform Plumbing Code construc-
tion standards or sizing criteria for grease traps or simi-
lar devices.
(2) Grease traps shall be designed using stan-
dard engineering principles for sedimentation and flota-
tion in gravity separators.
(3) Grease traps shall be installed in accor-
dance with City standard details.
(4) Grease traps shall be installed at a location
where it is easily accessible for sample collection,
inspection, and cleaning and removal of retained grease.
(5) Grease traps shall be located in the food
service establishment’s lateral line between all fixtures
which may introduce grease into the sanitary sewer and
the connection to the sanitary sewer collection system.
Such fixtures shall include sinks, drains and other fix-
tures for food preparation and storage areas, and any
other fixture which is determined to be a potential
source of grease. Fixtures such as waste disposal units
and dishwashers shall not be connected to the grease
trap.
(6) Flushing the grease trap with water having
a temperature in excess of one hundred forty (140)
degrees Fahrenheit is prohibited.
(7) Grease traps shall be equipped with a
device to control the rate of flow through the unit. The
rate of flow shall not exceed the manufacturer’s rated
capacity recommended in gallons per minute for the
unit.
(8) Grease traps shall be considered out of
compliance if the total volume of grease and solids dis-
places more than twenty-five (25) percent of the effec-
tive volume of the chamber. The facility and inspector
will determine and document the mutually agreed upon
maintenance schedule and complete debris removal fre-
quency.
(9) Sanitary wastes (restroom wastes) cannot
be introduced into the grease trap.
15.05-5 (Revised 1/08)
(10)Neither grease, solids nor liquids removed
from grease traps shall be returned to any grease trap,
private sanitary sewer line, any portion of the sanitary
sewer collection system or any portion of the stormwa-
ter system.
(11)All facilities shall maintain a written
record of inspection and maintenance activities for a
minimum of three (3) years. All such records shall be
made available for on-site inspection by representatives
of the City during all operating hours. (Ord. 5009 §2
(part), 2007)
15.05.070 ENZYMES, BACTERIA AND
OTHER AGENTS.
The direct addition into the building plumbing,
grease trap or interceptor of enzymes, chemicals or
other agents designed to emulsify the grease compounds
is prohibited. Grease trap or interceptor design and siz-
ing criteria are based on gravimetric separation for
grease and solids removal. The addition of enzymes or
chemical emulsion agents would impede the gravimet-
ric separation and defeats the purpose of the grease trap
or interceptor. Any attempt to modify the trap or inter-
ceptor into a biological reactor by adding bacterial or
microbial agents is also prohibited. (Ord. 5009 §2 (part),
2007)
15.05.080 INSPECTION, MONITORING AND
REPORTING.
(a) The City shall inspect food processing estab-
lishments, food sales establishments, or food service
establishments on both a scheduled and unscheduled,
unannounced basis to determine whether the require-
ments set forth in this chapter are being met.
(b) Food processing establishments, food sales
establishments, or food service establishments shall
allow City officials and other duly authorized employ-
ees or agents of the City bearing proper credentials and
identifications access at all reasonable times or during
normal hours of operation to all parts of the premises for
the purpose of inspection, observation, records exami-
nation, measurement, sampling and testing in accor-
dance with the provisions of this chapter. The City shall
have the right to set up on any user’s property devices
necessary for conducting wastewater sampling inspec-
tion, compliance monitoring and/or metering opera-
tions. All costs for laboratory collection and analysis
shall be the responsibility of the food processing estab-
lishments, food sales establishments, or food service
establishments.
(c) Each food processing establishment, food sales
establishment, or food service establishment shall retain
maintenance records with the following information for
each grease removal device located on the premises.
The records shall be kept a minimum of three (3) years
and provided to the city upon request.
(1) Date of service.
(2) Volume pumped (gallons).
(3) Name of waste hauler.
(4) Waste disposal location. (Ord. 5009 §2
(part), 2007)
15.05.090 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter
constitutes a civil violation under Chapter 1.04 BMC for
which a monetary penalty may be assessed and abate-
ment 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). (Ord.
5009 §2 (part), 2007)
15.06-1 (Revised 1/08)
Chapter 15.06
ASSESSMENTS, RATES, FEES AND CHARGES
Sections:
15.06.010 PURPOSE.
15.06.015 INCORPORATION AND CPI
ADJUSTMENT.
15.06.020 ASSESSMENTS.
15.06.030 RATES - WATER.
15.06.040 RATES - WASTEWATER.
15.06.050 RATES - STORMWATER.
15.06.060 MISCELLANEOUS FEES AND
CHARGES.
15.06.010 PURPOSE.
This chapter provides for the establishment of fees,
rates and other charges for connection to or utilization of
the utility system, for providing utility service, adminis-
tration and maintenance of utility accounts, and for the
operation, maintenance, repair and improvements of the
utility system. Fees, rates and other service charges shall
include, but not be limited to, front footage fees, general
facility fees, connection charges, utility service rates,
account maintenance charges, plan check, and system
development fees and charges. (Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.06.015 INCORPORATION AND CPI
ADJUSTMENT.
(a) Assessments, rates, fees and charges attached
hereto as Appendix A and incorporated herein by this
reference are hereby adopted.
(b) Commencing November 1, 2005, and on
November 1st of each successive year thereafter, the
utility rates in this section, not otherwise adjusted by the
City Council during the previous six (6) month period,
shall automatically be adjusted based upon the most cur-
rent Consumer Price Index for all Urban Consumers,
Seattle, and the general facility charges shall be adjusted
according to the most current Seattle Construction Index
(SCI). (Ord. 5030 §1 (Exh. A), 2007; Ord. 5026 §2
(Exh. A), 2007; Ord. 4990 §1 (Exh. A), 2006; Ord. 4961
§1 (Exh. A), 2005; Ord. 4956 §1 (Exh. A), 2005; Ord.
4909 §§5, 7, 2004; Ord. 4881 §1, 2003; Ord. 4827,
Amended, 11/29/2002; Ord. 4794, Amended,
05/07/2002; Ord. 4766, Amended, 08/24/2001; Ord.
4735, Reaffirmed, 11/30/2000; Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4685, Amended, 12/28/1999; Ord.
4675, Added, 11/30/1999)
15.06.020 ASSESSMENTS.
(a) General Facility Charge.
(1) A general facility charge (GFC) shall be
charged on all new or expanded service connections to
the utility system. Existing connections within the sys-
tem as of the effective date of this Code shall be consid-
ered to have paid their proportionate share of the general
facility charge for existing use.
(2) The calculation of the general facility
charge for water shall be based on the meter size to be
installed for a new or expanded water utility service.
(3) The calculation of the general facility
charge for wastewater shall be based on the number of
equivalent residential unit(s) (ERU) served and shall be
computed as follows:
Single-Family Residence 1 ERU/unit
Duplex (two units) 1 ERU/unit
Multifamily (three or more units) 0.65 ERU/unit
Mobile Home Space in Mobile Home Park (common building at
additional commercial rate and laundry areas at laundry rate)
0.65 ERU per space
Recreational Vehicle Waste Dumping Station 0.65 ERU per station
Schools 0.030 ERU per student capacity
Churches (school uses at additional per student capacity rate) 0.65 ERU per 100 seats
Hospitals - General 1 ERU per bed
Convalescent Hospitals 0.50 ERU per bed
Residential Care/Boarding Facilities 0.25 ERU per bed
Hotels and Motels (additional charges for restaurant or tavern at
restaurant or tavern rate, laundry areas at laundry rates, and meeting
room areas with fixtures at commercial rate)
0.25 ERU per room or motel unit
Food Preparation and/or Serving Areas 0.15 ERU per 100 square feet
(Revised 1/08)15.06-2
Vehicle Wash
Self-Service Vehicle Wash 1.17 ERU per bay
Full-Service Vehicle Wash 15.66 ERU per bay
All Other Vehicle Washes See Wet Industrial
Laundries and Laundromats 0.30 ERU per 100 square feet
Industrial Laundries See Wet Industrial
Remodels of the above-listed, which result in no increase in the units on which the charge for a new building is calculated, the ERU
for the remodel will be calculated on the basis of the fixtures added using the amounts in the Commercial section.
Commercial, Office, and Dry Industrial Charge for each plumbing fixture to be installed
Bathtub w/ or w/o shower 0.13 ERU
Dental unit or cuspidor 0.1 ERU
Dishwasher 0.1 ERU
Disposal 0.1 ERU
Drinking Fountain 0.05 ERU
Floor Drain 0.01 ERU
Fountain/Backwash 0.1 ERU
Kitchen Sink 0.08 ERU
Laundry Tray 0.08 ERU
Lavatory 0.05 ERU
Service Sink 0.08 ERU
Shower (each head) 0.13 ERU
Swimming Pool/Backwash 0.1 ERU
Urinal 0.17 ERU
Urinal Trough (for each two-foot section) 0.17 ERU
Wash Sink (for each set of faucets) 0.08 ERU
Washing Machine 0.07 ERU
Water Closet 0.33 ERU
Wet Industrial To be determined on an individual basis by the City
utilizing the formula listed below.
GFC = (G.P.D./236) x SRF x F
G.P.D. = Anticipated volume of discharge to sewer in gallons per day.
SFR = Current general facility charge for a single-family residential
unit.
F = Extra strength factor, whole number multiplier derived for every
330 mg/l of biochemical oxygen demand or suspended solids, or
fraction thereof, in excess of the first 330 mg/l of biochemical oxygen
demand or suspended solids.
Example:
Factor Range
10 - 330
2331 - 660
3661 - 990
(continues per 300 increment)
Undefined Building and Sewer Use To be determined on an individual basis by the City.
Additional Loading or Change of Use Determined on basis of additional loading or new use
for entire facility less credit for former use. No refunds
if new use is less than former use.
15.06-3 (Revised 1/08)
(4) The following are the definitions of the
classifications used in establishing the ERUs:
"Church" is defined as a building or structure whose
principal use is for worship and in which the incidental
use for school or recreational purposes is less than
twelve (12) hours per week. Church buildings used for
school purposes in excess of twelve (12) hours per week
shall be charged the GFC per student capacity in addi-
tion to the charge per one hundred (100) seats as a
church.
"Commercial building" is defined as a building used
for conducting of wholesale or retail trade. Dry indus-
trial buildings or structures are those buildings or struc-
tures housing light industrial activities where use of
water and subsequent discharge of sewer does not occur
in connection with the industrial process. Warehouses
and other storage buildings with sewer connections are
classified as dry industrial buildings.
"Convalescent hospital" (or rest home) is defined as
a building or structure used for housing of persons con-
valescing from illness or injury or persons requiring
close personal care. No additional charge shall be made
for laundry or food and drink preparation and serving
facilities included in the convalescent hospitals.
"Food preparation and serving facility" includes res-
taurants, taverns, delicatessens, and wholesale and retail
bakeries, but does not include canneries, dairies, cheese
factories, packing houses and similar facilities, which
shall be classified as "wet industrial" under the para-
graph addressing wet industrial.
"General hospital" is defined as a building or structure
used for the temporary housing of ill or injured persons
and containing facilities for medical and surgical treat-
ment of such persons. No additional charge shall be
made for laundry and food and drink preparation and
serving facilities included in hospitals.
"Hotel" (or motel) is defined as a building or group of
buildings used for temporary housing of persons con-
taining rooms or units intended for the use of transient
persons. Those areas within hotels and motels to be used
for commercial preparation of and serving of food and
drink shall be charged at the rate for food preparation
and/or serving. Commercial areas within hotels and
motels, including convention facilities and other such
common areas other than lobby areas, shall be charged
at the rate for commercial and dry industrial areas. Areas
used for laundry facilities in hotels and motels shall be
charged at the rate for laundries and laundromats. Such
additional charges for food and drink, commercial areas
and laundry shall be in addition to the charge per room
or motel unit.
"Industrial laundry" is defined as a building or struc-
ture or parts of buildings and structures used for housing
and operating laundry equipment for the large scale
washing of uniforms, towels, linens, etc. The anticipated
volume and strength of the sewage to be generated from
an industrial laundry would be considerably more than
that from a commercial laundry or Laundromat. Indus-
trial laundries shall be classified as "wet industrial"
under the paragraph addressing wet industrial.
"Laundry" and "laundromat" is defined as a com-
mercial building and structure, or parts of commercial
buildings and structures, used for housing and operating
laundry equipment by the general public to wash clothes
and linens for personal use.
"Mobile home park" (including travel trailer parks) is
defined as any area or tract of land having a sewer con-
nection, and where sewerage collection pipes are
extended to two (2) or more spaces occupied by, or
intended to be occupied by a mobile home, travel trailer,
or motor home which are defined as a vehicle with or
without motive power which is designed, used, or
intended for use as a place of human habitation, or as
eating, sleeping, or living quarters or any combination
thereof. A mobile home space is defined as the individ-
ual location having a sewer hookup for each such vehi-
cle. For purposes of determining the GFCs for mobile
home parks’ common buildings, such as recreation
halls, etc., shall be charged as commercial buildings.
Buildings housing laundry facilities shall be charged as
laundries and laundromats and food or drink service
buildings shall be charged a food preparation and/or
serving.
"Multifamily residence" shall be defined as a building
or a group of buildings housing three (3) or more fami-
lies, living independently of each other, a family being
defined as one (1) or more person living as a single
housekeeping unit or household sewer service being
provided through not more than one (1) sewer connec-
tion. Common buildings in an apartment house complex
requiring sewer service shall be charged as commercial
buildings and that portion of buildings housing common
laundry facilities shall be charged as laundries and
Laundromats.
"Recreational vehicle waste dumping station" is
defined as a building or structure used for the dumping
of sanitary sewer wastes from recreational vehicle hold-
ing tanks. Includes gray water from sinks and showers.
(This excludes an individual collector installed by a
homeowner for his/her own use.)
"Residential care/boarding facility" is defined as a
residential building or structure used for housing of per-
sons requiring either long-term supervision and general
care, or any type of dependency recovery. No additional
charge shall be made for laundry or food and drink prep-
aration and serving facilities included in the residential
care/boarding facilities.
"School" is defined as a building or group of buildings
used for school purposes more than twelve (12) hours
per week, involving assemblage for instruction, educa-
tion, or recreation. Schools may be public or private.
(Revised 1/08)15.06-4
"Single-family residence" shall be defined as a build-
ing containing one (1) kitchen, designed and/or used to
house not more than one (1) family, including all neces-
sary employees of such family, such building having a
single sewer service connection. Mobile homes occupy-
ing a separate lot and providing permanent housing with
a separate sewer connected shall be classified as a sin-
gle-family residence.
"Undefined buildings" and "undefined sewer use"
are those not defined in subsection (a)(4) of this section.
"Vehicle wash" is defined as a commercial building or
structure used for washing vehicles. Self-service vehicle
washes are coin-operated facilities serving the general
public that require the customer to wash the vehicle.
Full-service vehicle washes are facilities serving the
general public, wherein the vehicle is washed for the
customer, either automatically or by attendants. All
other vehicle and parts washing or steam cleaning facil-
ities that discharge to the sanitary sewer will be
reviewed on a case-by-case basis.
"Wet industrial" is defined as a building or structure
housing industrial activities where the use of water and
subsequent discharge to the sewer occurs in connection
with an industrial process. Facilities with a discharge of
two hundred thousand (200,000) gallons per day or
greater are considered wet industrial. Other facilities
that discharge less than two hundred thousand (200,000)
gallons per day, and whose anticipated strength of the
sewage to be generated from the facility is greater than
domestic sewage strengths, may also be considered wet
industrial. Those facilities will be reviewed on a case-
by-case basis. The anticipated volume and strength of
sewage from an average single-family residence shall be
considered when calculating GFCs.
(5) Additional loading or change of use is
defined as an increased demand for wastewater treat-
ment from an existing wet industrial building or struc-
ture. The additional loading may be the result of
replacement or addition to an existing structure or facil-
ity, a change in use, or a fifteen (15) percent or greater
increase above the permitted volume or character of the
wastewater constituents being discharged.
(6) ERUs shall be determined on the basis of
the number of single-family residence equivalent units
with the additional loading or the new use with credit
being given for the number of single-family residence
equivalent units of the original facility. No refund will
be given if the change of use results in a decreased sewer
loading. Any addition to an existing single-family resi-
dence which does not result in an additional dwelling
will be exempt from additional charge.
(7) The calculation for general facility
charges for stormwater shall be based on the number of
impervious surface units (ISUs) as defined in BMC
15.01.020. The number of ISUs charged shall be based
on the total impervious area divided by the amount of
impervious area in an ISU. However, all single-family
residential parcels as defined in BMC 15.01.020 shall be
one (1) ISU. For commercial developments, wherein the
City requires that the development provide for onsite
detention, the ISUs charged shall be based on the num-
ber of acres (5.4 ISUs per acre).
(8) For non-city residents, all GFCs shall be
assessed and paid at the time of execution of the utility
service agreement and prior to occupancy of the new or
expanded facilities and shall be in addition to rates and
other fees, assessments, and charges established for util-
ity service. For city residents, twenty-five (25) percent
of all GFCs shall be paid at the time of issuance of a
development (grade and fill) permit and the remaining
balance, in addition to rates and other fees, assessments,
and charges established for utility service, shall be paid
at the time of execution of the utility service agreement.
(b) Connection/Inspection Fee. A connection/
inspection fee shall be charged for all service connec-
tions to the utility system. Additional fees may be
charged if a reinspection is required as a result of the
property owner/developer’s failure to comply with the
correction notice from a prior inspection, inaccessibility
of facilities for scheduled inspections, or an unsafe site.
The connection/inspection fee or deposit shall be
assessed and paid at the time of execution of the utility
service agreement.
(c) Change in class of service or ERU assignment.
When a change occurs which would place the customer
in a different class of service or change the ERU assign-
ment from that on which general facility charges have
been paid, an additional general facility charge shall be
charged. The additional fee shall be the difference
between the general facility charge, calculated at the
current rates, based on the current class of service and
ERU assignment, and the general facility charge that has
already been paid.
(d) Wastewater Connection Agreement. A waste-
water connection agreement may be executed between
the City of Bremerton and a user who desires to obtain
wastewater service for an existing residential or nonres-
idential structure connected to a septic system. The
wastewater connection agreement, negotiated on a case-
by-case basis, will allow the user to make payments on
any connection fee in excess of five thousand dollars
($5,000) over a period of time ranging from one (1) to
five (5) years.
(e) Capital Reserves. The general facility funds
collected under this chapter shall be deposited in the
utilities capital reserve fund and used only for utility
system capital improvements. (Ord. 4909 §6, 2004; Ord.
4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended,
11/30/1000; Ord. 4512 §3, 1995; Ord. 4496 §2, 1995;
15.06-5 (Revised 1/08)
Ord. 4454 §1 (in part), 1994; Ord. 4309 §2 (in part),
1991)
15.06.030 RATES - WATER.
(a) Retail Water Rates. A general retail water rate
shall be assessed all users of the utility water system.
The retail rate shall be calculated on a periodic billing
with a minimum service charge based on meter size and
a commodity charge computed to the nearest HCF.
(1) Sprinkler and Fire Protection Service. The
Department shall levy a general fire service charge to
users of the utility water system for fire service pro-
vided. The fire service rate shall be billed on a periodic
billing and shall be based on the meter size.
The service charge herein set forth shall be granted
only during such times as there is no appreciable regis-
tration by meters maintained by the Department. Water
used for purposes other than extinguishing fires through
a fire service connection shall be charged at a rate not
less than double the domestic rate provided by this
Chapter.
(2) Temporary/Construction Meters. Persons
desiring temporary water service from a fire hydrant,
hose connection, or meter for the purposes of construc-
tion, special events, or other activities that are limited in
duration shall make application to the Department on
the form provided and make a deposit established for
temporary/construction meters.
Temporary/construction meters shall be limited to
six (6) month duration and may be renewed subject to
approval by the department.
The rate shall be calculated on a periodic billing
with a minimum service charge based on the meter size
and a commodity charge computed to the nearest HCF.
(b) Wholesale Water Service. The Department
may sell water to water districts or other public agen-
cies. Such service shall be through a wholesale contract,
under such terms and under such conditions as shall be
deemed fair and equitable by the City. All wholesale
water contracts shall be subject to Mayoral approval and
City Council authorization. (Ord. 4729, Reaffirmed,
11/30/2000; Ord. 4675, Amended, 11/30/1999; Ord.
4454 §1 (in part), 1994; Ord. 4309 §2 (in part), 1991)
15.06.040 RATES - WASTEWATER.
(a) Retail Wastewater Rates. A general retail
wastewater rate shall be assessed of all users of the Util-
ity wastewater system. The retail rate shall be calculated
on a periodic billing with a minimum service charge and
a commodity charge computed to the nearest HCF.
The retail rate shall be based on flow and strength
of sewage discharged by the user of the system.
Flow shall be determined by the metered amount of
domestic water usage.
Flows for summer usage for single-family and
duplex residential customers shall be determined based
on the previous six (6) month average winter domestic
water usage by the customer, provided the account was
active for at least two (2) billing periods of the preceding
six (6) months. The calculation period shall be deter-
mined by the Department based on usage and billing
cycles. In no case shall this calculation for summer
usage result in a volume less than two and one-half (2.5)
HCF per month.
In the event the customer is not connected to a pub-
lic water supply that utilizes domestic water meter, the
flow shall be determined by the Department based on
the average flow of the like customer class.
Strength shall be determined by the loadings dis-
charged by the customer and shall be segregated into
like customer classes based on their respective sewage
strengths. (Ord. 4766, Amended, 08/24/2001; Ord.
4729, Reaffirmed, 11/30/2000; Ord. 4675, Amended,
11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2
(in part), 1991)
15.06.050 RATES - STORMWATER.
(a) Surface Drainage/Stormwater Rates. A general
retail stormwater rate shall be assessed all property own-
ers who contribute to or benefit from the utility storm-
water system.
Rates shall be determined by the approximate
amount of impervious surface area of developed parcel,
including publicly owned property and right-of-way.
Impervious surface, measured in equivalent imper-
vious surface units (ISUs) shall be determined for each
developed property, except single-family or duplex uses
which shall be assigned the minimum rate.
(b) Improper Stormwater Inflow to Wastewater
System. A rate shall be assessed on all property owners
who have an improper stormwater discharge to the
wastewater system pursuant to the Utility Fee and Rate
Schedule established for stormwater by City Council
ordinance.
Rates shall be based upon the approximate amount
of impervious surface area of the property. The impervi-
ous surface area, measured in equivalent impervious
surface units (ISUs), shall be that used for the stormwa-
ter rates elsewhere in this chapter.
Payment of the improper stormwater surcharge
shall be terminated when the property has disconnected
all sources of the improper stormwater inflow from the
wastewater system.
The service rate for maintaining an improper storm-
water inflow connection to the wastewater system will
be identified on the utility billing statement as "Storm-
water Facilities Impact" fee.
(c) Stormwater rate classes are as follows:
(Revised 1/08)15.06-6
(1) Residential.
(i) Stormwater I. The basic stormwater
service rate.
(ii) Stormwater II. This rate consists of
the basic stormwater fee, plus fifty (50) percent of the
current stormwater fee as the "Stormwater Facilities
Impact" fee. This class may have a driveway drain of not
more than four hundred (400) square feet of impervious
surface draining into the sanitary sewer system and no
other improper connection to the sanitary sewer system.
(iii) Stormwater III. This rate consists of
the basic stormwater fee, plus one hundred (100) per-
cent of the current stormwater fee as the "Stormwater
Facilities Impact" fee. This class has a driveway drain
with more than four hundred (400) square feet of imper-
vious surface draining into the sanitary sewer system
and/or more than one (1) improper connection to the
sanitary sewer system.
(2) Commercial.
(i) Commercial I Stormwater. The basic
commercial stormwater fee.
(ii) Commercial II Stormwater. The basic
stormwater fee, plus fifty (50) percent of the current
stormwater fee as the surcharge. This class may have no
more than four hundred (400) square feet of impervious
surface where stormwater runoff is collected by a roof
drain, parking lot drain, driveway drain or any other
device that conveys this runoff into the sanitary sewer
system. This does not include stormwater runoff that is
collected from under fueling station canopies since
these areas are required to be connected to the sanitary
sewer system. However, roof runoff from the canopy is
not allowed to be connected to the sanitary sewer sys-
tem. This class may not have more than one (1)
improper connection to the sanitary sewer system.
(iii) Commercial III Stormwater. The
basic stormwater fee, plus one hundred (100) percent of
the current stormwater fee as the "Stormwater Facilities
Impact" fee. This class has more than four hundred
(400) square feet of impervious surface where stormwa-
ter runoff is collected by a roof drain, parking lot drain,
driveway drain or any other device that conveys this
runoff into the sanitary sewer system. This does not
include stormwater runoff that is collected from under
fueling station canopies since these areas are required to
be connected to the sanitary sewer system. However,
roof runoff from the canopy is not allowed to be con-
nected to the sanitary sewer system.
(d) Rate Adjustments. Rate adjustments for water
quantity and water quality pursuant to the Utility Rate
Schedule will be applied to all multi-family (three (3) or
more units), commercial, and industrial development
which provide for the installation of on-site water qual-
ity and quantity improvements which meet all System
Development and Construction Standards. Eligibility
will require the treatment of stormwater discharges prior
to entry into the utility stormwater system and the reduc-
tion of the amount of stormwater discharges into the
utility stormwater system to an amount not to exceed
two-tenths (0.2) cubic feet per second, CFS per acre
based on a twenty-five (25) year storm.
All new development will be required to install
water quality and quantity improvements prior to con-
nection to the stormwater system and will receive the
rate adjustment upon successful completion of the
installation. Application for building permits or
fill/grade permits must include standard stormwater
quality and quantity improvement plans. If topography,
soils, location or lot size make on-site detention imprac-
tical, new development may be permitted, but a penalty
shall be assessed pursuant to the Utility Rate Schedule if
stormwater runoff from the developed property exceeds
three-tenths (0.3) CFS per acre based on a twenty-five
(25) year storm.
The facts set forth in this subsection shall apply
only if the on-site or other facility that has received an
adjustment in its rates is maintained and operated in
accord with any City standards applicable at the time of
billing. In the event that the Director determines that the
system is not properly operated and maintained, the rate
reduction shall be discontinued until deficiencies are
corrected in addition to other remedies provided in this
chapter.
(e) Exempt Properties.
(1) All parcels of property that are undevel-
oped.
(2) All public rights-of-way.
(f) Public School District Properties. Parcels
owned or leased by public school districts which pro-
vide activities which directly benefit the surface and
stormwater management program. The activities may
include: curriculum specific to the issues and problems
of surface and stormwater management and student
activities in the community to expose students to the
efforts required to restore, monitor, or enhance the sur-
face and stormwater management system. Pursuant to
RCW 35.92.021, the amount of the service charge shall
be determined by the Director, based upon the cost of
the activities to the school district, but not to exceed the
value of the activity to the stormwater management pro-
gram. Determination of which activities qualify for the
stormwater management service charge reduction will
be made by the Director. Reductions in stormwater
management service charges will only be granted to
school districts which provide programs that have been
evaluated by the Director. The service charge adjust-
ment for the school activity may be applied to any parcel
in the service area which is owned or operated by the
school district.
15.06-7 (Revised 1/08)
(g) Implementation Schedule for Annexed Proper-
ties. When annexed to the City, all multiple family and
commercial properties with two (2) or more ISUs will
receive the rate adjustments described above per ISU for
two (2) years from the date of annexation; provided, the
property owner submits engineering plans and specifi-
cations for on-site stormwater quantity and quality
improvements for their property within nine (9) months
of annexation, and said plans are approved by the
Department according to System Development and
Construction Standards. Failure to comply with any of
the aforementioned provisions will result in these
accounts being charged at the retail stormwater rate
beginning one (1) year from annexation. (Ord. 5026 §3,
2007: Ord. 4734, Reaffirmed; 11/30/2000; Ord. 4729,
Reaffirmed; 11/30/2000; Ord. 4684, Amended,
12/28/1999; Ord. 4675, Amended, 11/30/1999; Ord.
4496 §3, 1995; Ord. 4454 §1 (in part), 1994; Ord. 4442
§5, 1993)
15.06.060 MISCELLANEOUS FEES AND
CHARGES.
The Department shall set fees and charges to
recover its administrative and operations expenses
related to the services set forth herein.
(a) Automatic Clearing House (ACH). All cus-
tomers who utilize the ACH system for payment of their
utility bill will be allowed a credit on each bill. Such
credit will commence with the billing following applica-
tion and approval for ACH.
(b) Low-Income Senior Citizens and Low-Income
Disabled Citizens. Only single-family residential
accounts are eligible for the rates described in this sec-
tion. To qualify for the low-income senior citizen rate,
the individual shall meet the criteria established by
RCW 74.38.070(2)(a). To qualify for the low-income
disabled citizen rate, the individual shall meet the crite-
ria established by RCW 46.16.381(1) or 74.18.020(4)
and RCW 70.164.020(4). In order to remain eligible for
these rates, the applicant shall be required to reapply
each year with the Department.
(c) Service Fee - Field. A service fee shall be
charged for all service calls to the owner’s premises.
Service calls shall include, but not be limited to, turn-
on/turn-off of water services as a result of delinquent
payment of accounts, after hours utility location
requests, and repeat service calls during normal work
hours.
After hours, weekend, and holiday service requests
shall require acknowledgment by signature of the
requesting party on the form which identifies the addi-
tional service and fee provided by the service specialist.
The service fee shall be added to the regular utility bill.
A fee shall be levied in the event it is necessary to
remove and restore surface improvement, including but
not limited to asphalt concrete and concrete streets and
sidewalks, in order to install a service connection or
other utility improvements.
(d) Service Fee - Office. A service fee shall be
charged for all account maintenance, including, but not
limited to, activation and discontinuation of the utility
account, changes in address, designated agents, dupli-
cate billing, and property liens. The service fee shall be
added to the regular utility bill.
(e) Delinquency Charge. A delinquency charge of
one (1) percent per month shall be added to the unpaid
balance of each and every utility bill which is not paid
on or before such bill becomes delinquent.
(f) Cross-Connection Control Inspections. The
Department shall charge a fee for the required annual
inspection of backflow prevention devices if the cus-
tomer requests the Utility to perform such service.
(g) Fire Hydrant Services. The Department may
enter into agreements with owners of private fire sys-
tems for hydrant repairs and maintenance. (Ord. 4729,
Reaffirmed, 11/30/2000; Ord. 4675, Amended,
11/30/1999; Ord. 4454 §1 (in part), 1994; Ord. 4309 §2
(in part), 1991)
15.06-A1 (Revised 1/08)
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2008
Within Outside
City Limits City Limits
GENERAL FACILITY CHARGES
Water (per meter size)
5/8" x 3/4" $2,457.00 $2,457.00
1" $6,141.00 $6,141.00
1-1/2" $12,284.00 $12,284.00
2" $19,652.00 $19,652.00
Greater than 2" Calculated Based
on Usage
Calculated Based
on Usage
Wastewater (per ERU) $3,719.00 $3,719.00
Stormwater (per ISU) $997.00 N/A
CONNECTION/INSPECTION FEES
Water Connection Fees
5/8" x 3/4" $1,850.00 $2,775.00
1" $1,993.00 $2,989.50
1-1/2" $3,127.00 $4,690.50
2" $3,971.00 $5,956.50
Greater than 2" Actual Time
& Materials
150% of Actual
Time & Materials
Field Inspection Fees
Water Main Extensions (per foot) $1.19 $1.79
but not less than: $442.00 $663.00
Pump Station $583.00 $875.00
Miscellaneous (per hour) $49.00 $74.00
Wastewater Connection Fees
Lateral Connection at P/L $49.00 $74.00
Lateral Connection at Main $291.00 $437.00
Conveyance Facility Extensions (per foot) $1.61 $2.42
but not less than: $351.00 $527.00
Pump Station $583.00 $875.00
Miscellaneous (per hour) $49.00 $74.00
(Revised 1/08)15.06-A2
RETAIL WATER SERVICE RATES
General Service - Monthly Service Charge
Meter Size
5/8 x 3/4 inch $9.95 $14.93
1-inch $11.37 $17.06
1-1/2-inch $16.16 $24.24
2-inch $21.71 $32.57
3-inch $41.19 $61.79
4-inch $77.00 $116.00
6-inch $272.00 $408.00
8-inch $994.00 $1,491.00
10-inch $3,546.00 $5,319.00
12-inch $13,332.00 $19,998.00
Residential Commodity Charge (per HCF)
0 - 10 HCF/Month $1.08 $1.62
Over 10 HCF/Month $1.21 $1.82
Nonresidential Commodity Charge (per HCF) $1.17 $1.76
Fire Protection - Monthly Service Charge
Service Size
1-inch $16.95 $25.43
1-1/2-inch $25.51 $38.27
2-inch $33.17 $49.76
3-inch $36.55 $54.83
4-inch $39.84 $59.76
6-inch $49.72 $74.58
8-inch $66.18 $99.27
10-inch $93.00 $140.00
12-inch $132.00 $198.00
Commodity Charge (per HCF) $2.33 $3.50
- For Usage Other Than Firefighting
Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge
Base Charge (per account) $9.95 $14.93
Commodity Charge
0 - 5 HCF/Month No Charge No Charge
5 - 10 HCF/Month $1.08 $1.62
Over 10 HCF/Month $1.21 $1.82
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2008
Within Outside
City Limits City Limits
15.06-A3 (Revised 1/08)
RETAIL WATER SERVICE RATES (Continued)
Temporary/Construction Meter
1" Meter
Deposit $150.00 $150.00
Base Fee (per month) $11.37 $17.06
Setup Fee $106.00 $106.00
Hydrant Meter (3" Meter)
Deposit $1,000.00 $1,000.00
Base Fee (per month) $41.19 $61.79
Setup Fee $106.00 $106.00
Equipment Loss/Damage Actual Time
& Materials
150% of Actual
Time & Materials
Commodity Charge (per HCF) $1.17 $1.76
City Parks and Recreation Department - Irrigation
Commodity Charge (per HCF) $0.59
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2008
Within Outside
City Limits City Limits
(Revised 1/08)15.06-A4
RETAIL WASTEWATER SERVICE RATES
Monthly Service Charge
Single-Family
Base Charge (per account) $29.55 $33.98
Commodity Charge (per HCF) $3.96 $4.55
Duplex on 1 Meter or 2 Buildings on 1 Meter
Base Charge (per unit) $23.40 $26.91
Commodity Charge (per HCF) $3.96 $4.55
Multifamily
Base Charge (per unit) $23.40 $26.91
Commodity Charge (per HCF) $3.96 $4.55
Commercial I
Base Charge (per account) $43.68 $50.23
Commodity Charge (per HCF) $4.08 $4.69
Commercial II
Base Charge (per account) $44.43 $51.09
Commodity Charge (per HCF) $6.39 $7.35
Commercial III
Base Charge (per account) $44.00 $50.60
Commodity Charge (per HCF) $5.23 $6.01
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $18.33 $21.08
Commodity Charge (per HCF)
0 - 5 HCF/Month No Charge No Charge
Over 5 HCF/Month $3.96 $4.55
Septage Disposal
(per gallon of tank capacity) $0.22 $0.22
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2008
Within Outside
City Limits City Limits
15.06-A5 (Revised 1/08)
RETAIL STORMWATER RATES
Monthly Service Charge
Residential I (Single-Family/Duplex)
Base Charge (per account) $8.03 N/A
Exception: Duplex
With 2 Meters (per account) $4.05 N/A
Residential II
Base Charge (per ISU) + 50% of the Base Charge $12.05 N/A
Residential III
Base Charge (per ISU) + 100% of the Base Charge $16.06 N/A
Commercial I
Base Charge (per ISU) $8.03 N/A
Commercial II
Base Charge (per ISU) + 50% of the Base Charge $12.05 N/A
Commercial III
Base Charge (per ISU) + 100% of the Base Charge $16.06 N/A
Public School Districts (per account) $8.03 N/A
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $4.91 N/A
Multifamily and Commercial Rate Adjustment
Water Quality (per ISU) $0.89 N/A
Water Quantity (per ISU) $2.68 N/A
Stormwater Penalty
New Multifamily and Commercial Development without On-Site
Detention
Charge (per ISU) $1.79 N/A
IMPROPER STORMWATER INFLOW RATES
The following rates are established for Improper Stormwater Inflow, based upon the stormwater ISU for each lot and adjusted
annually on the following schedule:
EFFECTIVE DATE RATE
May 1, 2002 25% Stormwater Fee for Property
May 1, 2003 50% Stormwater Fee for Property
May 1, 2004 75% Stormwater Fee for Property
May 1, 2005 100% Stormwater Fee for Property
After May 1, 2005, the Improper Stormwater Inflow Rate will remain at one hundred (100) percent of the Stormwater Fee for a
property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (451).
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2008
Within Outside
City Limits City Limits
(Revised 1/08)15.06-A6
MISCELLANEOUS FEES AND CHARGES
Park Reservation Fee $30.00 $30.00
(nonrefundable)
Office Services
New Account (includes water turn-on) $20.00 $20.00
Account Maintenance $5.00 $5.00
Past Due Notice $2.50 $2.50
Lien Recovery Charge $100.00 $100.00
Duplicate Bill Charge $1.00 $1.00
Close Account/Meter Read/Water Service Turn-Off $20.00 $20.00
Field Services
Pavement Restoration Charge
(refundable, if assessed and not required)
Asphalt Patch $694.00 $1,041.00
Concrete Patch $894.00 $1,341.00
Asphalt Trench $817.00 $1,225.50
Concrete Trench $2,348.00 $3,522.00
County Road Permit N/A Cost
Wet Tapping (Water Main Only)*
8" and smaller - excluding excavation and backfill $2,376.00 $3,564.00
8" and smaller - service to property line $5,056.00 $7,584.00
Greater than 8" x 8" Actual Time
& Materials
150% of Actual
Time & Materials
Fire Hydrant Installation*
8" x 6" and smaller service to property line $6,148.00 $9,222.00
Greater than 8" x 6" Actual Time
& Materials
150% of Actual Time
& Materials
Water Meter Reinstallation
3/4" and 1" $78.00 $78.00
1-1/2" and 2" $125.00 $125.00
3" and greater Actual Time
& Materials
Actual Time
& Materials
Water Meter Reactivation $50.00 $50.00
Water Meter Tampering
Tampering Removal $191.00 $191.00
Tampering Reinstallation Actual Time
& Materials
Actual Time
& Materials
*Does not include pavement restoration charge
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2008
Within Outside
City Limits City Limits
15.06-A7 (Revised 1/08)
MISCELLANEOUS FEES AND CHARGES (Continued)
Cross-Connection Control
Inspection $50.00 $50.00
Fire Service - Detector, Meter and MXU $412.00 $412.00
Storz Adapter $233.00 $233.00
Water Service Turn-Off/Turn-On (customer request)
Regular Hours $20.00 $20.00
After Hours $175.00 $175.00
Delinquency Notice $10.00 $10.00
Water Service Turn-Off/Turn-On (delinquent accounts)
Regular Hours $50.00 $50.00
After Hours $175.00 $175.00
Flow and Pressure Test (uncertified)
3/4" and 1" meters only $50.00 $50.00
1-1/2" and 2" meters only $90.00 $90.00
Larger than 2" Actual Time
& Materials
Actual Time
& Materials
Utility Plant Locates
Regular Hours N/C N/C
After Hours $181.00 $181.00
Emergency N/C N/C
Meter Test Fee (based on meter size)
3/4" and 1" $125.00 $125.00
1-1/2" and 2" $172.00 $172.00
3" or greater Actual Time
& Materials
Actual Time
& Materials
Engineering Services*
Plan Check Fees
Main Extensions (per foot) $0.27 $0.41
but not less than: $231.00 $347.00
(includes hydrants and appurtenances and connection to water
system)
Pump Stations $579.00 $869.00
Fireline Extension $93.00 $140.00
Irrigation Systems $93.00 $140.00
System Connections $93.00 $140.00
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2008
Within Outside
City Limits City Limits
(Revised 1/08)15.06-A8
MISCELLANEOUS FEES AND CHARGES (Continued)
Miscellaneous (per hour) $49.00 $74.00
*Fees include original review and one resubmittal review
Additional reviews will be charged at miscellaneous hourly rate
(above)
Storm Drainage Plan Review Fees **
Preliminary Drainage Plans
Residential Development $358.00 N/A
Nonresidential Development $248.00 N/A
Plus per ISU $10.78
Final Detailed Drainage Plans
Residential Development (per lot)
0 - 20 Lots $38.82 N/A
21 - 50 Lots $28.04 N/A
51 - 100 Lots $24.81 N/A
100+ Lots $21.57 N/A
Minimum Charge $275.00 N/A
Nonresidential Development
Per ISU $21.57 N/A
Minimum Charge $330.00 N/A
Resubmittal Fees
First Resubmittal No Charge N/A
Subsequent Resubmittal $275.00 N/A
Storm Drainage Inspection Fees **
Residential Development (per lot) $16.18 N/A
Nonresidential Development (per ISU) $16.18 N/A
Minimum Charge $165.00 N/A
Conveyance Facility Extensions (per foot) $0.86 N/A
Minimum Charge $330.00 N/A
Unscheduled Inspections* (per site visit) $49.00 N/A
*Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for
unscheduled inspections shall be paid prior to final occupancy approval
** Does not apply to single-family residence or duplex construction on an existing established lot
Utility/Lien Search Fee (Manual)*** $30.00 $30.00
***Search per parcel
Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2008
Within Outside
City Limits City Limits
(Revised 1/08)
Title 17
BUILDINGS AND CONSTRUCTION
Chapters:
17.04 CITY BUILDING CODE
17.60 FLOODPLAIN MANAGEMENT
17.04-1 (Revised 1/08)
Bremerton Municipal Code 17.04.040
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.
17.04.080 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
INTERNATIONAL PROPERTY
MAINTENANCE CODE.
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, 2006 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-50 WAC.
(b) The International Residential Code, 2006 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-51 WAC.
(c) The International Mechanical Code, 2006 Edi-
tion, published by the International Code Council, Inc.,
as amended pursuant to Chapter 51-52 WAC.
(d) The Uniform Plumbing Code, 2006 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 International Property Maintenance Code,
2006 Edition, published by the International Code
Council, Inc.
(f) The International Fuel Gas Code, 2006 Edi-
tion, published by the International Code Council, Inc.
(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.
One (1) copy of each of these codes is on file with
the City’s Building Official. (Ord. 5015 §1, 2007: 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 (h), the first named shall govern
over those following. (Ord. 5015 §2, 2007: 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
17.04.020 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 authori-
(Revised 1/08)17.04-2
17.04.080
ty 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. 5008 §2, 2007: Ord. 4906 §2, 2004; 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.
(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
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)
17.04.090 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-
17.04-3 (Revised 1/08)
Bremerton Municipal Code 17.04.110
ability of alternate materials, designs, 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)
17.04.100 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
documents, (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 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)
17.04.110 AMENDMENTS TO THE
INTERNATIONAL PROPERTY
MAINTENANCE CODE.
The following local amendments to the Interna-
tional Property Maintenance Code are hereby adopted
as if fully set forth therein.
(a) Chapter 1 of the International Property Mainte-
nance Code is adopted with the exception of Section 111
and the following amendments:
Sec. 106 Violations
106.1 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.
106.2 Notice of violations. The code official
shall serve a notice of violation or order in ac-
cordance with BMC Chapter 1.04.
(b) Section 107 of the International Property
Maintenance Code entitled "Notices and Orders" is
adopted with the exception of Subsections 107.2 and
107.3 and with the following amendments:
107.1 Notice to person responsible. Whenev-
er the code official determines that there has
been a violation of this code or has grounds to
believe that a violation has occurred, notice
shall be given in the manner prescribed in BMC
Chapter 1.04.
107.4 Penalties. Penalties for noncompliance
with orders and notices shall be as set forth in
BMC Chapter 1.04.
(c) Chapter 2 of the International Property Mainte-
nance Code is adopted with the exception of the follow-
ing:
Section 202 General Definitions shall not in-
clude "Garbage" and "Rubbish."
(d) Chapter 3 of the International Property Mainte-
nance Code is adopted with the exception of Subsec-
tions 302.4 "Weeds," 302.8 "Motor vehicles," 302.9
"Defacement of property," Section 303 "Swimming
(Revised 1/08)17.04-4
17.04.130
Pools, Spas and Hot Tubs," Subsections 304.3 "Pre-
mises identification," 304.14 "Insect screens," 304.17
"Guards for basement windows," 304.18.1 "Doors,"
Section 306 "Handrails and Guardrails," Section 307
"Rubbish and Garbage," and Subsection 308.5 "Occu-
pant."
(e) Chapter 5 of the International Property Mainte-
nance Code is adopted with the following amendments:
Section 505 Water Systems
505.1 General shall read:
505.1 General. Every sink, lavatory, bathtub
and shower, drinking fountain, water closet or
other plumbing fixture shall be properly con-
nected to either a public water system or to an
approved private water system. All kitchen
sinks, lavatories, laundry facilities, bathtubs and
showers shall be supplied with hot or tempered
and cold running water.
505.4 Water heating facilities shall read:
505.4 Water heating facilities. Water heating
facilities shall be properly installed, maintained
and capable of providing an adequate amount
of water to be drawn at every required sink, lav-
atory, bathtub, shower and laundry facility at a
temperature of not less than 110° F (43°C).
(f) Chapter 6 of the International Property Mainte-
nance Code is adopted with the following amendments:
Section 602 Heating Facilities
602.2 Residential occupancies shall read:
602.2 Residential occupancies. Dwellings
shall be provided with heating facilities capable
of maintaining a room temperature of 68°F
(20°C) in all habitable rooms, bathrooms and
toilet rooms. Cooking appliances shall not be
used to provide space heating to meet the re-
quirements of this section.
602.3 Heat supply shall read:
602.3 Heat supply. Every owner and operator
of any building who rents, leases or lets one or
more dwelling units or sleeping units on terms,
either expressed or implied, to furnish heat to
the occupants thereof shall supply heat of not
less than 68° F (20°C) in all habitable rooms,
bathrooms, and toilet rooms.
602.4 Occupiable work spaces shall read:
602.4 Occupiable work spaces. Indoor occu-
piable work space shall be supplied with heat of
not less than 65° F (18°C) during the period the
spaces are occupied.
(Ord. 5015 §6, 2007)
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-
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)
17.04-5 (Revised 1/08)
Bremerton Municipal Code 17.04.150
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)
17.60-1 (Revised 1/08)
Bremerton Municipal Code 17.60.030
Chapter 17.60
FLOODPLAIN MANAGEMENT
Sections:
17.60.010 STATUTORY
AUTHORIZATION.
17.60.020 FINDINGS OF FACT.
17.60.030 STATEMENT OF PURPOSE.
17.60.040 METHODS OF REDUCING
FLOOD LOSSES.
17.60.050 DEFINITIONS.
17.60.060 LANDS TO WHICH THIS
CHAPTER APPLIES.
17.60.070 BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL
FLOOD HAZARD.
17.60.080 PENALTIES FOR
NONCOMPLIANCE.
17.60.090 ABROGATION AND GREATER
RESTRICTIONS.
17.60.100 INTERPRETATION.
17.60.110 WARNINGS AND DISCLAIMER
OF LIABILITY.
17.60.120 ESTABLISHMENT OF
FLOODPLAIN DEVELOPMENT
PERMIT.
17.60.130 DESIGNATION OF CITY
ENGINEER AS LOCAL
ADMINISTRATOR.
17.60.140 DUTIES AND
RESPONSIBILITIES OF THE
CITY ENGINEER.
17.60.150 VARIANCE - COUNCIL
AUTHORITY GENERALLY.
17.60.160 VARIANCE - ALLEGED
ERROR BY ENGINEER.
17.60.170 VARIANCE - APPEAL TO
COUNTY COURT.
17.60.180 VARIANCE -
CONSIDERATIONS.
17.60.190 VARIANCE - LOTS OF ONE-
HALF ACRE.
17.60.200 VARIANCE - COUNCIL
AUTHORITY TO ATTACH
CONDITIONS.
17.60.210 VARIANCE - RECORDS AND
REPORTS.
17.60.220 VARIANCE - CONDITIONS
GENERALLY.
17.60.230 FLOOD HAZARD
PROTECTION - GENERAL
STANDARDS.
17.60.240 ANCHORING.
17.60.250 CONSTRUCTION MATERIALS
AND METHODS.
17.60.260 UTILITIES.
17.60.270 SUBDIVISION PROPOSALS.
17.60.280 REVIEW OF BUILDING
PERMITS.
17.60.290 FLOOD HAZARD
PROTECTION - SPECIFIC
STANDARDS.
17.60.300 RESIDENTIAL
CONSTRUCTION.
17.60.310 NONRESIDENTIAL
CONSTRUCTION.
17.60.320 MANUFACTURED/MOBILE
HOMES.
17.60.325 RECREATIONAL VEHICLES.
17.60.330 FLOODWAYS.
17.60.010 STATUTORY AUTHORIZATION.
The City of Bremerton has the legal authority and
responsibility to adopt regulations designed to promote
the public health and general welfare of its citizenry pur-
suant to Article XI, Sections 10 and 11 of the Washing-
ton State Constitution, Article III of the Bremerton City
Charter and Section 7 of City Ordinance 2678.
Therefore, the City does ordain as follows in this
chapter. (Ord. 3544 §1.1, 1979)
17.60.020 FINDINGS OF FACT.
(a) The flood hazard areas of the City are subject
to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of com-
merce and governmental services, extraordinary public
expenditures for flood protection and relief, and impair-
ment of the tax base, all of which adversely affect the
public health, safety and general welfare.
(b) These flood losses are caused by the cumula-
tive effect of obstructions in areas of special flood haz-
ards which increase flood heights and velocities, and
when inadequately anchored, damage uses in other
areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contrib-
ute to the flood loss. (Ord. 3544 §1.2, 1979)
17.60.030 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the pub-
lic health, safety and general welfare, and to minimize
public and private losses due to flood conditions in spe-
cific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and
costly flood control projects;
(3) To minimize the need for rescue and relief
effort associated with flooding and generally under-
taken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(Revised 1/08)17.60-2
17.60.040
(5) To minimize damage to public facilities and
utilities such as water and gas mains - electric, telephone
and sewer lines; streets and bridges located in areas of
special flood hazard;
(6) To help maintain a stable tax base by providing
for the sound use and development of areas of special
flood hazard so as to minimize blight resulting from
future flood;
(7) To ensure that potential buyers are notified that
property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of
special flood hazard assume responsibility for their
actions. (Ord. 3544 §1.3, 1979)
17.60.040 METHODS OF REDUCING FLOOD
LOSSES.
In order to accomplish its purposes, this chapter
includes methods and provisions:
(1) Restricting or prohibiting uses which are dan-
gerous to health, safety and property due to water or ero-
sion hazards or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods,
including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Controlling the alteration of natural flood-
plains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other
development which may increase flood damage; and
(5) Preventing or regulating the construction of
flood barriers which will unnaturally divert floodwaters
or which may increase flood hazards in other areas.
(Ord. 3544 §1.4, 1979)
17.60.050 DEFINITIONS.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to
give them the meaning they have in common usage and
to give this chapter its most reasonable application.
(1) "Appeal" means a request for a review of the
City Engineer’s interpretation of any provision of this
chapter or a request for a variance.
(2) "Area of shallow flooding" means a designated
AO or AH zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one (1) to
three (3) feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate;
and velocity flow may be evident. AO is characterized
as sheet flow and AH indicates ponding.
(3) "Area of special flood hazard" means the land
in the floodplain within a community subject to a one (1)
percent or greater chance of flooding in any given year.
(4) "Basement" means any area of the building
having its floor subgrade (below ground level) on all
sides.
(5) "Base flood" means the flood having a one (1)
percent chance of being equaled or exceeded in any
given year.
(6) "Development" means any manmade change
to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredg-
ing, filling, grading, paving, excavation or drilling oper-
ations, or storage of equipment or materials located
within the area of special flood hazard.
(7) "Flood" or "flooding" means a general and
temporary condition of partial or complete inundation of
normally dry land areas from:
(a) The overflow of inland or tidal waters;
and/or
(b) The unusual and rapid accumulation of
runoff of surface waters from any source.
(8) "Flood Insurance Rate Map" means the official
map on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and
the risk premium applicable to the community.
(9) "Flood Insurance Study" means the official
report provided by the Federal Insurance Administra-
tion that includes flood profiles, the Flood Boundary
Floodway Map, and the water surface elevation of the
base flood.
(10)"Floodplain" means any land area susceptible
to being inundated by water from any source.
(11)"Floodway" means the channel of a river or
other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation
more than one (1) foot.
(12)"Lowest floor" means the lowest floor of the
enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other
than a basement area, is not considered a building’s low-
est floor; provided, that such enclosure is not built so as
to render the structure in violation of the applicable non-
elevation design requirements of this chapter found at
BMC 17.60.300(b).
(13)"Habitable floor" means any floor usable for
living purposes, which includes working, sleeping, eat-
ing, cooking or recreation, or a combination thereof. A
floor used only for storage purposes is not a "habitable
floor."
(14)"Manufactured home" means a structure, trans-
portable in one (1) or more sections, which is built on a
permanent chassis and is designed for use with or with-
out a permanent foundation when connected to the
required utilities. For floodplain management purposes
the term "manufactured home" also includes park
trailer, travel trailers, and other similar vehicles placed
on a site for greater than one hundred eighty (180) con-
secutive days. For insurance purposes the term "manu-
17.60-3 (Revised 1/08)
Bremerton Municipal Code 17.60.080
factured home" does not include park trailers, travel
trailers, and other similar vehicles.
(15)"Manufactured home park or subdivision"
means a parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for rent or
sale.
(16)"New construction" means structures for
which the "start of construction" commenced on or after
the effective date of the ordinance codified in this chap-
ter.
(17)"Recreational vehicle" means a vehicle built on
a single chassis, that is four hundred (400) square feet or
less when measured at the largest horizontal projection,
designed to be self-propelled or permanently towable by
a light duty truck, and is designed primarily not for use
as a permanent dwelling but as temporary living quar-
ters for recreational, camping, travel, or seasonal use.
(18)"Start of construction" includes substantial
improvements, and means the date the building permit
was issued, provided the actual start of construction,
repair, reconstruction, placement or other improvement
was within one hundred eighty (180) days of the permit
date. The actual start means the first placement of per-
manent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the
construction of columns or any work beyond the stage
of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundation or the erection
of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the
main structure.
(19)"Structure" means a walled and roofed build-
ing including a gas or liquid storage tank that is princi-
pally above ground.
(20)"Substantial improvement" means any repair,
reconstruction, or improvement of a structure, the cost
of which equals or exceeds fifty (50) percent of the mar-
ket value of the structure:
(a) Before the improvement or repair is
started; or
(b) If the structure has been damaged and is
being restored, before the damage occurred. For the pur-
poses of this definition "substantial improvement" is
considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the
external dimensions of the structure.
The term does not, however, include either:
(a) Any project for improvement of a struc-
ture to comply with existing state or local health, sani-
tary, or safety code specifications which are solely
necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory
of Historic Places.
(21)"Variance" means a grant of relief from the
requirements of this chapter which permits construction
in a manner that would otherwise be prohibited by this
chapter. (Ord. 5020 §1, 2007: Ord. 4103 §51, 1987; Ord.
3544 §2.0, 1979)
17.60.060 LANDS TO WHICH THIS
CHAPTER APPLIES.
This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City of Bremerton.
(Ord. 3544 §3.1, 1979)
17.60.070 BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study
for the City of Bremerton" dated August 15, 1979, and
any revisions thereto, with accompanying Flood Insur-
ance Rate Maps, and any revisions thereto, are hereby
adopted by reference and declared to be a part of this
chapter. The Flood Insurance Study is on file at the
Bremerton Department of Community Development,
345 6th Street, Suite 600, Bremerton, WA 98337. (Ord.
5020 §2, 2007: Ord. 4965 §2, 2006: Ord. 3544 §3.2,
1979)
17.60.080 PENALTIES FOR
NONCOMPLIANCE.
No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full
compliance with the terms of this chapter and other
applicable regulations. Violation of the provisions of
this chapter by failure to comply with any of its require-
ments (including violations of conditions and safe-
guards established in connection with conditions) shall
constitute a misdemeanor. Any person who violates this
chapter or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than one
thousand dollars ($1,000) or imprisoned for not more
than ninety (90) days, or both, for each violation, and in
addition shall pay all costs and expenses involved in the
case. Nothing herein contained shall prevent the City of
Bremerton from taking such other lawful action as is
necessary to prevent or remedy any violation. (Ord.
4103 §2, 1987; Ord. 3544 §3.3, 1979)
(Revised 1/08)17.60-4
17.60.090
17.60.090 ABROGATION AND GREATER
RESTRICTIONS.
This chapter is not intended to repeal, abrogate or
impair an existing easement, covenant or deed restric-
tion. However where this chapter and another ordi-
nance, easement, covenant or deed restriction conflict or
overlap, whichever imposes the more stringent restric-
tions shall prevail. (Ord. 3544 §3.4, 1979)
17.60.100 INTERPRETATION.
In the interpretation and application of this chapter,
all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing
body; and
(3) Deemed neither to limit nor repeal any other
powers granted under state statutes. (Ord. 3544 §3.5,
1979)
17.60.110 WARNINGS AND DISCLAIMER
OF LIABILITY.
The degree of flood protection required by this
chapter is considered reasonable for regulatory purposes
and is based on scientific and engineering consider-
ations. Larger floods can and will occur on rare occa-
sions. Flood heights may be increased by manmade or
natural causes. This chapter does not imply that land
outside the areas of special flood hazards or uses permit-
ted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the
part of the City, any officer or employee thereof, or the
Federal Insurance Administration for any flood dam-
ages that result from reliance on this chapter or any
administrative decision lawfully made thereunder. (Ord.
3544 §3.6, 1979)
17.60.120 ESTABLISHMENT OF
FLOODPLAIN DEVELOPMENT
PERMIT.
A floodplain development permit shall be obtained
before construction or development begins within any
area of special flood hazard established in BMC
17.60.070. The permit shall be for all structures includ-
ing mobile homes, as set forth in BMC 17.60.050, and
for all other developments including fill and other activ-
ities, also as set forth in BMC 17.60.050. Application
for floodplain development permit shall be made on
forms furnished by the City Engineer and may include,
but not be limited to, plans in duplicate drawn to scale
showing the nature, location, dimensions and elevations
of the area in question; existing or proposed structures,
fill, storage of materials, drainage facilities; and the
location of the foregoing. Specifically, the following
information is required:
(1) Elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which
any structure has been floodproofed;
(3) Certification by a registered professional engi-
neer or architect that the floodproofing methods for any
nonresidential structure meet the floodproofing criteria
in BMC 17.60.130; and
(4) Description of the extent to which any water-
course will be altered or relocated as a result of proposed
development. (Ord. 3544 §4.1, 1979)
17.60.130 DESIGNATION OF CITY
ENGINEER AS LOCAL
ADMINISTRATOR.
The City Engineer is appointed to administer and
implement this chapter, by granting or denying flood-
plain development permit applications in accordance
with its provisions. (Ord. 3544 §4.2, 1979)
17.60.140 DUTIES AND RESPONSIBILITIES
OF THE CITY ENGINEER.
Duties of the City Engineer shall include, but not be
limited to:
Permit Review.
(1) Floodplain Development Permit Application
Review.
(A) Review all development permits to deter-
mine that the permit requirements of this chapter have
been satisfied.
(B) Review all development permits to deter-
mine that all necessary permits have been obtained from
those Federal, State, or local governmental agencies
from which prior approval is required.
(C) Review all development permits to deter-
mine if the proposed development is located in the
floodway.
If located in the floodway, assure that the encroach-
ment provisions of BMC 17.60.330(1) are met.
(2) Use of Other Base Flood Data. When base
flood elevation data has not been provided in accor-
dance with BMC 17.60.070, Basis for Establishing the
Areas of Special Flood Hazard, the City Engineer shall
obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a Federal,
State or other source, in order to administration BMC
17.60.290, Flood Hazard Protection - Specific Stan-
dards, and 17.60.330, Floodways.
(3) Information to be Obtained and Maintained.
(A) Where base flood elevation data is pro-
vided through the Flood Insurance Study or required as
in subsection (2) of this section obtain and record the
actual elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new or substan-
tially improved structures, and whether or not the struc-
ture contains a basement.
17.60-5 (Revised 1/08)
Bremerton Municipal Code 17.60.210
(B) For all new or substantially improved
floodproofed structures:
(i) Verify and record the actual elevation
(in relation to mean sea level) and
(ii) Maintain the floodproofing certifica-
tions required in BMC 17.60.120(3).
(C) Maintain for public inspection all records
pertaining to the provisions of this chapter.
(4) Alteration of Watercourses.
(A) Notify adjacent communities and the
Department of Ecology prior to any alteration or reloca-
tion of a watercourse, and submit evidence of such noti-
fication to the Federal Insurance Administration.
(B) Require that maintenance is provided
within the altered or relocated portion of said water-
course so that the flood carrying capacity is not dimin-
ished.
(C) Interpretation of FIRM Boundaries. Make
interpretations where needed, as to exact location of the
boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The per-
son contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpreta-
tion as provided in BMC 17.60.150. (Ord. 4103 §3,
1987; Ord. 3544 §4.3, 1979)
17.60.150 VARIANCE - COUNCIL
AUTHORITY GENERALLY.
The City Council shall hear and decide appeals and
requests for variances from the requirements of this
chapter. (Ord. 3544 §4.4-1(1), 1979)
17.60.160 VARIANCE - ALLEGED ERROR
BY ENGINEER.
The City Council shall hear and decide appeals
when it is alleged there is an error in any requirement,
decision or determination made by the City Engineer in
the enforcement or administration of this chapter. (Ord.
3544 §4.4-1(2), 1979)
17.60.170 VARIANCE - APPEAL TO
COUNTY COURT.
Those aggrieved by the decision of the City Council
or any taxpayer, may appeal such decision to the Kitsap
County superior court, as provided by law. (Ord. 3544
§4.4-1(3), 1979)
17.60.180 VARIANCE - CONSIDERATIONS.
In passing upon such applications, the City Council
shall consider all technical evaluations, all relevant fac-
tors, standards specified in other sections of this chapter,
and:
(1) The danger that materials may be swept onto
other lands to the injury of others;
(2) The danger to life and property due to flooding
or erosion damage;
(3) The susceptibility of the proposed facility and
its contents to flood damage and the effect of such dam-
age on the individual owner;
(4) The importance of the services provided by the
proposed facility to the community;
(5) The necessity to the facility of a waterfront
location, where applicable;
(6) The availability of alternative locations for the
proposed use which are not subject to flooding or ero-
sion damage;
(7) The compatibility of the proposed use with
existing and anticipated development;
(8) The relationship of the proposed use to the
comprehensive plan and floodplain management pro-
gram for that area;
(9) The safety of access to the property in times of
flood for ordinary and emergency vehicles;
(10)The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the site;
and
(11)The costs of providing governmental services
during and after flood conditions, including mainte-
nance and repair of public utilities and facilities such as
sewer, gas, electrical and water systems, and streets and
bridges. (Ord. 3544 §4.4-1(4), 1979)
17.60.190 VARIANCE - LOTS OF ONE-HALF
ACRE.
Generally, variances may be issued for new con-
struction and substantial improvements to be erected on
a lot of one-half acre or less in size contiguous and sur-
rounded by lots with existing structures constructed
below the base flood level, providing subsections (1)
through (11) of BMC 17.60.180 have been fully consid-
ered. As the lot size increases beyond the one-half (1/2)
acre, the technical justification required for issuing the
variance increases. (Ord. 3544 §4.4-1(5), 1979)
17.60.200 VARIANCE - COUNCIL
AUTHORITY TO ATTACH
CONDITIONS.
Upon consideration of the factors of BMC
17.60.180 and the purposes of this chapter, the City
Council may attach such conditions to the granting of
variances as it deems necessary to further the purposes
of this chapter. (Ord. 3544 §4.4-1(6), 1979)
17.60.210 VARIANCE - RECORDS AND
REPORTS.
The City Engineer shall maintain the records of all
appeal actions and report any variances to the Federal
Insurance Administration upon request. (Ord. 3544
§4.4-1(7), 1979)
(Revised 1/08)17.60-6
17.60.220
17.60.220 VARIANCE - CONDITIONS
GENERALLY.
(a) Variances may be issued for the reconstruc-
tion, rehabilitation or restoration of structures listed on
the National Register of Historic Places or the State
Inventory of Historic Places without regard to the proce-
dures set forth in the remainder of this section.
(b) Variances shall not be issued within any desig-
nated floodway if any increase in flood levels during the
base flood discharge would result.
(c) Variances shall only be issued upon a determi-
nation that the variance is the minimum necessary, con-
sidering the flood hazard, to afford relief.
(d) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the
variance would result in exceptional hardship to the
applicant; and
(3) A determination that the granting of a vari-
ance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the
public as identified in BMC 17.60.180, or conflict with
existing local laws or ordinances.
(e) Any applicant to whom a variance is granted
shall be given written notice that the structure will be
permitted to be built with a lowest floor elevation below
the base flood elevation and that the cost of flood insur-
ance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(f) Variances as interpreted in the National Flood
Insurance Program are based on the general zoning law
principle that they pertain to a physical piece of prop-
erty; they are not personal in nature and do not pertain
to the structure, its inhabitants, economic or financial
circumstances.
They primarily address small lots in densely popu-
lated residential neighborhoods. As such, variances
from the flood elevations should be quite rare.
(g) Variances may be issued for nonresidential
buildings in very limited circumstances to allow a lesser
degree of floodproofing than watertight or dry flood-
proofing, where it can be determined that such action
will have low damage potential, complies with all other
variance criteria, except this section, and otherwise
complies with BMC 17.60.240. (Ord. 4103 §4, 1987;
Ord. 3544 §4.4-2, 1979)
17.60.230 FLOOD HAZARD PROTECTION -
GENERAL STANDARDS.
In all areas of special flood hazards the standards
set out in BMC 17.60.240 through 17.60.280 are
required. (Ord. 3544 §5, 1979)
17.60.240 ANCHORING.
(a) All new construction and substantial improve-
ments shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
(b) All manufactured/mobile homes shall be
anchored to prevent flotation, collapse or lateral move-
ment, and shall be installed using methods and practices
that minimize flood damage. Anchoring methods may
include, but are not limited to, use of over-the-top and
frame ties to ground anchors. (Ord. 5020 §3, 2007: Ord.
3544 §5.1-1, 1979)
17.60.250 CONSTRUCTION MATERIALS
AND METHODS.
(a) All new construction and substantial improve-
ments shall be constructed with materials and utility
equipment resistant to flood damage.
(b) All new construction and substantial improve-
ments shall be constructed using methods and practices
that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing and
air-conditioned equipment and other service facilities
shall be designed and/or otherwise elevated or located at
least one (1) foot above the base flood elevation so as to
prevent water from entering or accumulating within the
components during conditions of flooding. (Ord. 4965
§3, 2006: Ord. 4233 §1, 1989; Ord. 3544 §5.1-2, 1979)
17.60.260 UTILITIES.
(a) All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
(b) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharge from the sys-
tems into floodwaters.
(c) On-site waste disposal systems shall be located
to avoid impairment to them or contamination from
them during flooding. (Ord. 3544 §5.1-3, 1979)
17.60.270 SUBDIVISION PROPOSALS.
(a) All subdivision proposals shall be consistent
with the need to minimize flood damage.
(b) All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize
flood damage.
(c) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage.
(d) Base flood elevation data shall be provided for
subdivision proposals and other proposed development
which contain at least fifty (50) lots or five (5) acres,
whichever is less. (Ord. 3544 §5.1-4, 1979)
17.60-7 (Revised 1/08)
Bremerton Municipal Code 17.60.325
17.60.280 REVIEW OF BUILDING PERMITS.
Where elevation data is not available either through
the Flood Insurance Study or from another authoritative
source (BMC 17.60.140(2)) applications for building
permits shall be reviewed to assure that proposed con-
struction will be reasonably safe from flooding. The test
of reasonableness is a local judgment and includes use
of historical data, high water marks, photographs of past
flooding, etc., where available. Base flood elevation
data and reference marks are generally provided
throughout Bremerton and are indicated on Bremerton’s
flood insurance map. Failure to elevate at least two (2)
feet above grade in these zones may result in higher
insurance rates. (Ord. 4103 §4, 1987; Ord. 3544 §5.1-5,
1979)
17.60.290 FLOOD HAZARD PROTECTION -
SPECIFIC STANDARDS.
In all areas of special flood hazards where base
flood elevation data has been provided as set forth in
BMC 17.60.070, the provisions set out in BMC
17.60.300 through 17.60.320 are required. (Ord. 3544
§5.2, 1979)
17.60.300 RESIDENTIAL CONSTRUCTION.
(a) New construction and substantial improve-
ment of any residential structure shall have the lowest
floor, including basement, elevated to one (1) foot or
more above base flood elevation.
(b) Fully enclosed areas below the lowest floor
that are subject to flooding are prohibited, or shall be
designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this require-
ment must either be certified by a registered profes-
sional engineer or architect or must meet or exceed the
following minimum criteria:
(1) A minimum of two (2) openings have a
total net area of not less than one (1) square inch of
every square foot of enclosed area subject to flooding
shall be provided.
(2) The bottom of all openings shall be no
higher than one (1) foot above grade.
(3) Openings may be equipped with screens,
louvers, or other coverings or devices; provided, that
they permit the automatic entry and exit of floodwaters.
(Ord. 4965 §4, 2006: Ord. 4103 §5, 1987; Ord. 3544
§5.2-1, 1979)
17.60.310 NONRESIDENTIAL
CONSTRUCTION.
New construction and substantial improvement of
any commercial, industrial or other nonresidential struc-
ture shall either have the lowest floor, including base-
ment, elevated to one (1) foot or more above the level of
the base flood elevation, or, together with attendant util-
ity and sanitary facilities, shall:
(a) Be floodproofed so that below one (1) foot or
more above the base flood level the structure is water-
tight with walls substantially impermeable to the pas-
sage of water;
(b) Have structural components capable of resist-
ing hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(c) Be certified by a registered professional engi-
neer or architect that the design and methods of con-
struction are in accordance with accepted standards of
practice for meeting provisions of this section based on
their development and/or review of the structural
design, specifications and plans. Such certifications
shall be provided to the official as set forth in BMC
17.60.140(3)(B).
(d) Nonresidential structures that are elevated, not
floodproofed, must meet the same standards for space
below the lowest floor as described in BMC
17.60.300(b).
(e) Applicants floodproofing nonresidential build-
ings shall be notified that flood insurance premiums will
be based on rates that are one (1) foot below the flood-
proofed level (e.g., a building constructed to the base
flood level will be rated as one (1) foot below that level).
(Ord. 5020 §4, 2007: Ord. 4965 §5, 2006: Ord. 4233 §2,
1989; Ord. 4103 §7, 1987; Ord. 3544 §5.2-2, 1979)
17.60.320 MANUFACTURED/MOBILE
HOMES.
All manufactured/mobile homes in the floodplain
to be placed or substantially improved on sites shall be
elevated on a permanent foundation such that the lowest
floor of the manufactured/mobile home is elevated one
(1) foot or more above the base flood elevation and be
securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral move-
ment. (Ord. 5020 §5 (part), 2007: Ord. 4965 §6, 2006:
Ord. 3544 §5.2-3, 1979)
17.60.325 RECREATIONAL VEHICLES.
Recreational vehicles placed on sites in the flood-
plain are required to either:
(1) Be on the site for fewer than one hundred
eighty (180) consecutive days; or
(2) Be fully licensed and ready for highway use,
on wheels or jacking system, attached to the site only by
quick disconnect type utilities and security devices, and
have no permanently attached additions; or
(3) Meet the requirements for manufac-
tured/mobile homes as found in BMC 17.60.320. (Ord.
5020 §5 (part), 2007)
(Revised 1/08)17.60-8
17.60.330
17.60.330 FLOODWAYS.
Located within areas of special flood hazard estab-
lished in BMC 17.60.070 are portions of Gorst and Par-
ish Creeks which are designated as floodways. Since the
floodway is an extremely hazardous area due to the
velocity of floodwaters which carry debris, potential
projectiles, and erosion potential projectiles, and ero-
sion potential, the following provisions apply:
(a) Prohibit encroachments, including fill, new
construction, substantial improvements and other devel-
opment unless certification by a registered professional
engineer or architect is provided demonstrating through
hydrologic and hydraulic analyses performed in accor-
dance with standard engineering practice that encroach-
ments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
(b) If subsection (a) of this section is satisfied, all
new construction and substantial improvements shall
comply with all applicable flood hazard reduction pro-
visions of BMC 17.60.230 through 17.60.320.
(c) Construction or reconstruction of residential
structures is prohibited within designated floodways,
except for:
(1) Repairs, reconstruction, or improvements
to a structure which do not increase the ground floor
area; and
(2) Repairs, reconstruction or improvements
to a structure, the cost of which does not exceed fifty
(50) percent of the market value of the structure either:
(i) Before the repair or reconstruction is
started; or
(ii) If the structure has been damaged,
and is being restored before the damage occurred. Work
done on structures to comply with existing health, sani-
tary, or safety codes which have been identified by the
code enforcement or building official and are the mini-
mum necessary to assure safe living conditions shall not
be included in the fifty (50) percent determination in
subsection (c)(2) of this section.
(d) Manufactured/mobile homes are prohibited in
designated floodways. (Ord. 5020 §6, 2007: Ord. 4233
§3, 1989; Ord. 3544 §5.3, 1979)
18.02-1 (Revised 1/08)
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.
18.02.095 AMENDMENTS TO THE
INTERNATIONAL FIRE CODE
- SECTION 913, FIRE PUMPS.
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 AUTOMATIC SPRINKLER
SYSTEMS - BUILDINGS
CONTAINING TWO OR LESS
DWELLING UNITS.
18.02.180 VIOLATION - PENALTY.
18.02.190 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. 5016 §1 (part), 2007: Ord. 4903 §1, 2004)
18.02.020 FIRE CODE - ADOPTED.
In accordance with Chapter 19.27 RCW, the Inter-
national Fire Code, 2006 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 Chapter 51-54 of the Washington Administrative
Code ("WAC"), and International Fire Code, 2006 Edi-
tion, Appendices B, C, and 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. 5016 §1
(part), 2007: 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. 5016 §1 (part), 2007: 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
(Revised 1/08)18.02-2
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.
(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 meth-
ods of construction and appeals of the
reasonable 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,
company or corporation who violates a provi-
sion of this code or fails to comply with any of its
requirements or who erects, constructs, alters,
or repairs a building or structure or building sys-
tem in violation of (a) the approved construction
documents, (b) a directive of the fire code offi-
cial, or (c) a permit or certificate issued under
the provisions of this code, or operates without
such permit, shall be subject to penalties as set
forth in section 18.02.170 of the Bremerton Mu-
nicipal Code or as otherwise provided by law.
(g) General Definitions. Section 202 of the Inter-
national Fire Code is amended to add the following gen-
eral definitions:
APWA is the American Public Works Associa-
tion.
AWWA is the American Water Works Associa-
tion.
OCCUPANCY CLASSIFICATION
RESIDENTIAL GROUP R.:
R-2 shall also include Townhomes/Rowhouses.
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.
REMODEL is the building or buildings in ques-
tion will have more than 50% of the gross
square footage of fire area structurally remod-
eled, improved and/or otherwise reconditioned
or, two or more major building systems im-
proved or otherwise reconditioned within any 60
month time period. Major building systems in-
clude but are not limited to: Water, Sewer,
Storm, or other plumbing, Electrical, HVAC,
Foundation, Structural members.
18.02-3 (Revised 1/08)
Exceptions. Maintenance, energy conserva-
tion and cosmetic improvements are not consid-
ered structural remodels.
(Ord. 5016 §1 (part), 2007: 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.
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. 5016 §1 (part), 2007: 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 35 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.
(Revised 1/08)18.02-4
(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.
2. Rolled curbs shall be identified by red traf-
fic paint with a 6 inch wide stripe on the curb, ex-
tending 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 respon-
sibility 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/Private Road Ac-
cess and Sprinkler Requirements. In the
event the number of R division 3 or U occupan-
cies exceeds two, the maximum number al-
lowed off a driveway/private road will be 9 if a
residential fire sprinkler system is installed in
each new structure.
18.02-5 (Revised 1/08)
(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 inch-
es in all directions around the base of the
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.
6. The provisions of this subsection shall ap-
ply if the building or buildings in question will
have more than 50% of the gross square foot-
age of the fire area structurally remodeled, im-
proved or otherwise reconditioned and/or two or
more major building systems improved or other-
wise reconditioned within any 60 month time
period. Major building systems include but are
not limited to: water, sewer, storm, or other
plumbing, electrical, HVAC, foundation, and
structural members.
Exceptions:
1. Group U occupancies.
2. Maintenance, energy conservation and
cosmetic improvements are not considered
structural remodels.
(g) Premises Identification. Section 505 of the
International Fire Code, entitled "Premises 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 12" and contrast with the
background. Individual unit/suite or space num-
bers or letter shall be 6" in size and contrasting
with the background and visible from the ap-
proach side or angle.
Housing developments which contain 100 or
more dwelling units which alley ways are or may
be used for access to dwelling units shall have
4" minimum house numbers including street
designation included. The street designation
may be a smaller size, but no less than 2" in
size.
Example:
(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-conforming 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).
1234
Washington Ave
(Revised 1/08)18.02-6
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 currently adopted
NFPA, APWA, or AWWA standards. In addition,
unless modified by written decision of the fire
code official, 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
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 mini-
mum 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 hy-
drants shall be equipped with a 5 inch Storz
adapter on the steamer port and, when required
by the fire code official, locking Storz caps.
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:
18.02-7 (Revised 1/08)
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.
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. 5016 §1 (part), 2007: 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. Section 901
of the International Fire Code, entitled "General," is
amended by substituting Subsection 901.1 with the fol-
lowing:
Sec. 901.1 Scope. The provisions of this chap-
ter shall apply to all occupancies and buildings,
shall specify where fire protection systems are
required, and shall apply to the design, installa-
tion, inspection, operation, testing, and mainte-
nance of all fire protection systems; however,
nothing contained in this chapter shall diminish
or reduce the requirements of any duly adopted
building codes, including state and local
amendments, or other City ordinances, resolu-
tions, or regulations. In the event of any conflict
in requirements among these codes, ordinanc-
es, resolutions, or regulations, the more strin-
gent 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
(Revised 1/08)18.02-8
apply if, the building or buildings in question will
have more than 50% of the gross square foot-
age of fire area structurally remodeled, im-
proved and/or otherwise reconditioned or, two
or more major building systems improved or
otherwise reconditioned within any 60 month
time period. Major building systems include but
are not limited to: Water, Sewer, Storm, or other
plumbing, Electrical, HVAC, Foundation, and
Structural members. 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.
Exceptions. Maintenance, energy conserva-
tion and cosmetic improvements are not consid-
ered structural remodels.
(c) Buildings Vacant for One (1) Year or More.
Section 901 of the International Fire Code, entitled,
"General," is amended by adding a new Subsection
901.1.2 as follows:
Sec. 901.1.2 Buildings Vacant for one year
or more. Buildings, structures or significant por-
tions thereof vacant for one year or more shall
be brought up to current code regarding fire pro-
tection systems, prior to issuing occupancy.
(d) 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.
(e) Fire Protection Systems - Records. Section 901
of the International Fire Code, entitled "General," is
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.
A copy of all system inspections shall be main-
tained in a three-ring binder or other folder type
cover and located at the fire alarm main panel
or other approved location.
(f) Fire Protection Systems - Definitions. Section
902 of the International Fire Code, entitled "Defini-
tions," is amended by adding the following definitions:
FIRE AREA. The total area from all floors en-
closed by the outermost exterior walls common-
ly understood to be the perimeter of the
building. When a building or structure has an
outdoor courtyard or garden, without an exit to
a public way, this area shall be included in the
fire area.
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-
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
Table 901.6.1
FIRE PROTECTION SYSTEM MAINTENANCE
STANDARDS (Continued)
SYSTEM STANDARD
18.02-9 (Revised 1/08)
thest. As an alternative to the horizontal require-
ments, 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. 5016 §1 (part), 2007: 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 or remodeled buildings and struc-
tures with a gross floor area of 10,000 or more
square feet (929 m2), or where this code pro-
vides 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 protections
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. When this
exemption is utilized, the separation wall must
separate occupancy types by different owner-
ship or tax parcels.
(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.
(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:
(Revised 1/08)18.02-10
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.
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 International Fire
Code Appendix B shall be required. The fire
code official may reduce fire flow requirements
for buildings protected by an approved automat-
ic sprinkler system.
The provisions of this subsection shall apply if,
the building or buildings in question will have
more than 50% of the gross square footage of
the fire area structurally remodeled, improved
or otherwise reconditioned and/or, two or more
major building systems improved or otherwise
reconditioned within any 60 month time period.
Major building systems include but are not limit-
ed to: Water, Sewer, Storm, or other plumbing,
Electrical, HVAC, Foundation, and Structural
members. In the case of additions, only 4 hour
area separation walls shall define separate
buildings regarding sprinkler requirements.
Exceptions:
1. Portable school classrooms, provided ag-
gregate areas of clusters of portable school
classrooms does not exceed 5,000 square feet
(465 m2); and clusters of portable school class-
18.02-11 (Revised 1/08)
rooms shall be separated as required in Chap-
ter 5 of the building code.
2. Group E day care.
3. Maintenance, energy conservation and
cosmetic improvements are not considered
structural remodels.
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 M 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 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 Fire Code,
entitled "Automatic Sprinkler Systems," is amended by
adding the following Subsections to 903.2.7:
Sec. 903.2.7 Group R. An automatic sprinkler
system installed in accordance with Section
903.3 shall be provided throughout all buildings
with a Group R fire area.
Sec. 903.2.7.1 Existing Group R-1 and R-2
buildings shall install a full fire sprinkler system
when anyone of the following occurs:
(1) A fire occurs which migrates from the unit
of origin to involve a neighboring unit.
(2) Two or more separate fires occur, which re-
quires a fire department response, in the same
complex within a two year span.
Sec. 903.2.7.2 Sprinkler heads in kitchens shall
be installed (on the ceiling) with at least one
(Revised 1/08)18.02-12
sprinkler head no more than 4 feet out from the
front of the stove top.
(m) Automatic Sprinkler Systems. Section 903 of
the International Fire Code, entitled "Automatic Sprin-
kler Systems," is amended by substituting Subsection
903.3.1.1.1 with the following:
Sec. 903.3.1.1.1 Exempt locations. When ap-
proved, automatic sprinklers shall not be re-
quired in the following rooms or areas where
such rooms or areas are protected with an ap-
proved automatic fire detection system in accor-
dance with Section 907.2 that will respond to
visible or invisible particles of combustion.
Sprinklers shall not be omitted from any room
merely because it is damp, of fire-resistance
rated construction or contains electrical equip-
ment.
1. Any room where the application of water, or
flame and water, constitutes a serious life or fire
hazard.
2. Any room or space where sprinklers are
considered undesirable because of the nature
of the contents, when approved by the fire code
official.
3. Generator and transformer rooms separat-
ed from the remainder of the building by walls
and floor/ceiling or roof/ceiling assemblies hav-
ing a fire-resistance rating of not less than 2
hours.
4. In rooms or areas that are of noncombusti-
ble construction with wholly noncombustible
contents.
(n) Automatic Sprinkler Systems. Section 903 of
the International Fire Code, entitled "Automatic Sprin-
kler Systems," is amended by substituting Subsection
903.3.1.2.1 with the following:
Sec. 903.3.1.2.1 Balconies and decks. Sprin-
kler protection shall be provided for exterior bal-
conies, decks and ground floor patios of
dwelling units.
All spaces in excess of 10 square feet shall be
provided with sprinkler coverage.
(o) 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
F.D.C.’s serving sprinkler systems shall not be
located on the wall of a building, unless ap-
proved 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 noncombustible 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.
(p) 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-
18.02-13 (Revised 1/08)
cuits shall provide the interior notification. When
a structure exceeds one floor, a flow switch
shall be provided for each floor. A flow alarm
shall be identified by floor.
Exception: NFPA 13D sprinkler systems do not
require interior audible/visual notification appli-
ances, except if a fire alarm system is installed,
then the fire alarm system notification circuits
shall provide the interior notification.
(q) Automatic Sprinkler Systems. Section 903 of
the International Fire Code, entitled "Automatic Sprin-
kler Systems," is amended by substituting Subsection
903.4.3 with the following:
Sec. 903.4.3 Floor control valves. Approved
supervised indicating control valves shall be
provided at the point of connection to the riser
on each floor.
(Ord. 5016 §1 (part), 2007: Ord. 4958 §2, 2005; 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 the
following to Subsection 907.1.1:
Sec. 907.1.1 Construction documents.
12. A Bremerton Fire department submittal
checklist.
13. A copy of the device/zone map.
14. Fire alarm systems which contain 25 or
more SLC/NAC devices combined, shall be
submitted on no less than 11x17 sized drawings
and 1/8"=1' scale with a digital copy of the de-
sign in DWG, DWF or other approved format.
(PDFs are not acceptable.)
(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. All new and re-
modeled occupancies where the fire area ex-
ceeds 4,000 square feet, an approved manual
and automatic fire alarm system shall be provid-
ed. Approved addressable fire alarm systems
will be required in all buildings having 10 or
more fire alarm system devices. Where auto-
matic 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.
Exceptions:
1. Group U Occupancies.
2. Occupancies protected throughout by an
approved/monitored automatic sprinkler system
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.
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.
Smoke detection shall be placed in:
1. Hallways, corridors, exit passages and all
other primary egress components.
2. Above the fire alarm panel and all annunci-
ator panels.
3. Rooms, assembly areas or other spaces
which exceed 400 square feet.
Heat detection shall be placed in all areas not
covered by smoke detection.
Exception: Buildings equipped with a fire sprin-
kler system.
A fully functional enunciator panel shall be
placed at the main entrance(s) and fire sprinkler
room(s).
(Revised 1/08)18.02-14
Graphic enunciators shall be utilized in all high-
rises and schools.
Shielded fire alarm cable shall be utilized as re-
quired by the fire code official.
Prescriptive smoke detector placement shall
utilize Table 5.6.5.5.1 from NFPA 72 2002 edi-
tion when ceiling heights exceed 10'. Prescrip-
tive smoke detector placement of spot detectors
shall not exceed 30' in height. Beam detectors
shall be utilized in complex designs and ceilings
in excess of 30'.
(c) Fire Alarm and Detection Systems - Retroac-
tive R-2 Visible Notification. Section 907 of the Interna-
tional Fire Code, entitled "Fire Alarm and Detection
Systems," is amended to add Subsection 907.10.3 as fol-
lows:
Sec. 907.10.3 Retroactive R-2 visible notifi-
cation. At the request of the tenant, the building
owner shall replace an existing audible device
to an audible/visible device to assist hearing im-
paired tenants. Building owners are not re-
quired to otherwise change or modify fire alarm
systems if due to design or device placement
this option is not feasible.
(d) 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.
(e) 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 Inter-
national 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.
(f) Fire Alarm and Detection Systems - Testing
Prerequisites. 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.
(g) Fire Alarm and Detection Systems - Loca-
tion/Security. Section 907 of the International Fire
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.
18.02-15 (Revised 1/08)
(h) Fire Alarm and Detection Systems - Monitor-
ing. Section 907 of the International Fire Code, entitled
"Fire Alarm and Detection Systems," is amended by
adding new Subsections 907.22, 907.23, 907.24 and
907.24.1:
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.
Sec. 907.23. Designer Qualifications. Per-
sons who design fire alarm systems shall be ei-
ther a fire protection engineer registered by the
State of Washington or NICET III and current
with all continuing education and training re-
quired by NICET. The designer must be NICET
II by July 1, 2008 and NICET III by January 1,
2009.
Sec. 907.24. Installer Qualifications. Persons
who install fire alarm systems shall be licensed
by the State of Washington in low voltage. A
trainee shall not be allowed to install, layout, de-
sign or otherwise work on a fire alarm system,
new or existing, without direct onsite supervi-
sion of the trainee’s work. Trainees are not per-
mitted to perform any work unsupervised.
907.24.1 NICET II. July 1, 2008 all fire alarm in-
stallers, designers, testers or any person who
maintains or otherwise modifies fire alarm sys-
tems shall be NICET II with current continuing
education and training.
(Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004)
18.02.095 AMENDMENTS TO THE
INTERNATIONAL FIRE CODE -
SECTION 913, FIRE PUMPS.
The following local amendment to Section 913 of
the International Fire Code, entitled "Fire Pumps," is
adopted and incorporated into the International Fire
Code:
(a) Fire Pumps. Section 913 of the International
Fire Code is amended by adding a new Subsection
913.2.1:
Sec. 913.2.1 Fire pumps utilizing electric driv-
ers shall provide a back-up power supply.
Exception: In F and S occupancies when the
normal occupant load does not exceed 15, the
occupancy would normally be vacated during
power outages and with the fire code official’s
approval.
(Ord. 5016 §1 (part), 2007)
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. 5016 §1 (part), 2007: 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. 5016 §1 (part), 2007: Ord. 4903 §1, 2004)
(Revised 1/08)18.02-16
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.
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. 5016 §1 (part), 2007: 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 in-
stallation.
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.
18.02-17 (Revised 1/08)
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.
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. 5016 §1 (part), 2007: Ord. 4903 §1, 2004)
(Revised 1/08)18.02-18
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 10 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:
Sec. D103.5.1 The minimum gate width shall be
14 feet.
(Ord. 5016 §1 (part), 2007: 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. 5016 §1 (part), 2007: 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 (3) or more occurrences within any six
(6) month period, a fee of two hundred dollars ($200.00)
shall be charged for each occurrence.
(4) For a Fire Department response to a pre-
mises caused by an alarm caused by a licensed fire alarm
company or technician and the company or technician
did not place the system in "TEST MODE," a fine of
two hundred fifty dollars ($250.00) for each alarm shall
be assessed.
(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
18.02-19 (Revised 1/08)
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 Official.
Any fee resulting from a determination that a false alarm
was preventable shall be billed by the City Treasurer’s
Office and shall be deposited in the General Fund. (Ord.
5016 §1 (part), 2007: Ord. 4903 §1, 2004)
18.02.170 AUTOMATIC SPRINKLER
SYSTEMS - BUILDINGS
CONTAINING TWO OR LESS
DWELLING UNITS.
(a) When automatic sprinkler systems are installed
in buildings containing two (2) or less dwelling units as
defined in the International Residential Code, whether
attached or detached, they are permitted to be connected
to the domestic service within said unit utilizing an inte-
grated fire/plumbing flow through system.
(b) Automatic sprinkler systems installed pursuant
to subsection (a) of this section shall not be subject to
general facility charges, connection fees, inspections
fees and other permit fees specifically related to and oth-
erwise assessable under Chapter 3.01 BMC and BMC
Title 15 attributed to the installation of automatic sprin-
kler systems.
(c) Automatic sprinkler systems installed pursuant
to subsection (a) of this section are integrated into and
dependent upon the domestic water supply of the resi-
dential dwelling unit; therefore, the property owner is
responsible for maintaining a connection to and paying
for an adequate supply of water to the residential dwell-
ing unit. (Ord. 5016 §1 (part), 2007: Ord. 4958 §3,
2005)
18.02.180 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. 5016 §1 (part), 2007:
Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. For-
merly 18.02.170)
18.02.190 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
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. 5016 §1 (part), 2007: Ord. 4958 §4
(part), 2005: Ord. 4903 §1, 2004. Formerly 18.02.180)
20.42-1 (Revised 1/08)
Bremerton Municipal Code 20.42.020
Chapter 20.42
DEFINITIONS
Sections:
20.42.010 INTRODUCTION TO
DEFINITIONS.
20.42.020 LIST OF DEFINED TERMS.
20.42.040 DEFINITIONS.
20.42.010 INTRODUCTION TO
DEFINITIONS.
Terms not defined herein shall take their meaning
from definitions in the Comprehensive Plan, Shoreline
Master Program and other ordinances incorporated by
reference. If a specific term is not defined or referenced,
it shall take its normal and customary meaning within
the context of how it is used. When not inconsistent with
the context, words used in the present tense include the
future, words in the singular include the plural, and
words in the plural include the singular. The following
terms are defined in this chapter and shall be applied to
the provisions of this title. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.42.020 LIST OF DEFINED TERMS.
Abandoned sign
Abandonment or Abandoned
Accessory dwelling unit (ADU)
Accessory use, activity or structure
Acre, net
Acre, gross
Adjoining or adjacent
Administrative Hearing Examiner
Adult entertainment business
Adult family home
Alley
Alteration
Alteration, structural
Antenna, tower
Antenna, wireless
Applicant
Appurtenance or Appendage
Area of sign
Art gallery
Art studio
Assisted living facility
Automobile sales
Automobile service and repair
Awning/canopy
Bay window
Bed and breakfast
Boarding house or rooming house
Buffering
Building code
Building coverage
Building envelope
Building line
Bulletin board/kiosk
Car wash
Caretaker
Caretaker’s residence
Carport
Cell on wheels (COW)
Change of use
Changeable copy/readerboard sign
City
Co-location
Community facility
Concealed
Construction sign
Day care facility
Deck
Density
Density, maximum
Density, minimum
Detached
Detoxification center
Development coverage
Directional sign
Director
Drinking place
Drive-through facility
Drive-through lanes
Duplex
Dwelling unit
Dwelling, conventional
Dwelling, modular or factory-built
Dwelling, multi-unit structure
Dwelling, single-unit attached
Dwelling, single-unit structure
Education and school
Education, higher and college
Entertainment use
Equipment structure
FAA
FCC
Fence
Finance, insurance and real estate
Foster home
Franchise business
Freestanding sign
Frontage
Garage
Gas station
Grade
Grade, average final
Grade, existing
Gross floor area
Group residential
(Revised 1/08)20.42-2
20.42.020
Group residential - Class I (assisted living)
Group residential - Class II
Group residential home
Heavy industrial/manufacturing
Height
Home occupation
Homeowners’ association
Hospital
Hotel and lodging place
Household
Identification sign
Illegal sign
Impervious surface
Incidental sign
Incubator for business
Junk yard
Kennel
Light industrial/manufacturing
Loading area
Lot
Lot area
Lot line, front
Lot line, rear
Lot line, side
Lot, depth
Lot, flag
Lot, waterfront
Lot, width
Maintain
Manufactured home
Marina
Marquee
Medical laboratory
Medical office and clinic
Mobile home
Monument sign
Motion picture theater
Multiple-building complex
Multiple-occupancy building
Museum and gallery
Nonconforming sign
Nursery and greenhouse
Nursing/convalescent home
Office and business services, general
Off-premises sign
Open space
Outdoor athletic fields
Parcel
Park, playground and open space
Parking, satellite
Parking, structure
Paved surface
Personal service
Physical fitness and health club
Pier
Pole sign
Porch
Portable sign
Premises
Private club or lodge
Product sign
Projecting sign
Provider
Public administration
Public distribution/transmission facility
Public utility facility
Public information/identification sign
Public services
Recreational vehicle
Recreational vehicle park
Recycling center
Recycling collection station
Recycling collection station (limited)
Rehabilitation
Residential use
Residential, as secondary use
Restaurant
Restaurant, fast food
Retail, general
Retail, large
Rezone
Sandwich board sign
Satellite dish
Senior citizen
Senior housing complex
Setback, maximum
Setback, minimum
Shop
Shopping center
Sidewalk vendor
Sign
Sign structure
Social services
Stadium and sports complex
Storage building and shop
Storage yard, outdoor storage
Story
Street
Street, private
Structure
Structure, accessory
Structure, principal
Structure, temporary
Support structures
Temporary sign
Tower
Townhouse
Transient person
Transportation facility
Use
Use, accessory
Use, conditional
20.42-3 (Revised 1/08)
Bremerton Municipal Code 20.42.040
Use, principal
Use, temporary
Variance
Vehicle- or trailer-mounted sign
Vesting
Veterinary clinics and animal hospitals
Wall sign
Warehousing
Whip antenna
Wireless telecommunications facility
Worship and religious facility
Yard
Yard, construction or storage
Zero lot line
(Ord. 5008 §3 (part), 2007; Ord. 4977 §5, 2006; Ord.
4971 §4 (part), 2006; Ord. 4950 §8 (Exh. A) (part),
2005)
20.42.040 DEFINITIONS.
The following definitions shall be applied within
this title:
"Abandoned sign" means any sign, including its
structure and other components, which is located on
vacant property or an unoccupied building for a period
of six (6) months or more and which, during that time,
is not used for legal sign purposes; or which relates to a
time, event or purpose which no longer applies; and/or
which has been allowed to deteriorate to become a pub-
lic hazard or eyesore.
"Abandonment" or "abandoned" means to cease
operation for a period of ninety (90) or more consecu-
tive days unless documentation is provided to the City
that negotiations are underway potentially leading to the
sale, lease, or resumption of operations, in which case a
wireless telecommunications facility may not be consid-
ered abandoned for an additional period not to exceed
ninety (90) days.
"Accessory dwelling unit (ADU)" means a second
dwelling unit on a lot with an existing principal unit
added to or created for use as a complete, independent
or semi-independent living unit with provisions for
cooking, eating, sanitation and sleeping, and which
complies with the development and design standards
contained in this code for ADUs (BMC 20.46.010).
"Accessory use, activity or structure" means a use,
activity, structure or part of a structure which is subordi-
nate and incidental to the permitted principal use or
building, located on the same lot or parcel with such
principal use or building, and erected or established only
after or in conjunction with the establishment of the
principal use or building.
"Acre, net" means a measurement of land after sub-
tracting public and private streets, rights-of-way, and
other unusable or nondevelopable areas of land from a
gross acre of land (forty-three thousand five hundred
sixty (43,560) square feet). (See also "Acre, gross.")
"Acre, gross" means a measurement of land equal
to forty-three thousand five hundred sixty (43,560)
square feet with no deductions or subtractions for ele-
ments such as public or private streets or nondevelop-
able areas. (See also "Acre, net.")
"Adjoining" or "adjacent" means property that
touches or is directly across a public or private right-of-
way. This does not include property across from limited
access highways or arterials with four (4) lanes of traffic
or more.
"Administrative Hearing Examiner" means a per-
son appointed with the powers set forth in Chapter 2.13
BMC. The term "Administrative Hearing Examiner"
shall likewise include the Examiner Pro Tem. As used in
this chapter, "Administrative Hearing Examiner" shall
not mean the Municipal Court Hearing Examiner estab-
lished pursuant to Chapter 2.62 BMC.
Adult Entertainment Business. See BMC
20.46.110.
"Adult family home" means a residential home in
which a person or persons provide personal care, special
care, room, and board to more than one (1) but not more
than six (6) adults who are not related by blood or mar-
riage to the person or persons providing the services;
provided, however, any limitation on the number of res-
idents resulting from this definition shall not be applied
if it prohibits the City from making reasonable accom-
modations to disabled persons in order to afford such
persons equal opportunity to use and enjoy a dwelling as
required by the Fair Housing Amendments Act of 1988,
42 U.S.C. 3604(f)(3)(b).
"Alley" means any public right-of-way or thor-
oughfare having a typical width of at least ten (10) feet,
but generally not more than thirty (30) feet, which has
been dedicated or deeded to the public for public use and
which affords only secondary means of access to abut-
ting properties, primarily for service purposes.
"Alteration" means any change in the size, shape,
method of illumination, position, location, construction
or the supporting structure of a sign.
"Alteration, structural" means any changes or
repairs to the supporting members of a structure, or to
the configurations of the roof or exterior walls, that
would prolong the life of the supporting members of a
building or structure. This does not include minor
actions such as adding a doorway or window, or attach-
ing architectural features, appurtenances, or adorn-
ments.
"Antenna tower" means any structure that is
designed and constructed primarily for the purpose of
supporting one (1) or more antennas, including but not
limited to self-supporting lattice towers, guy towers or
monopole towers.
(1) "Type I tower" means a tower up to, but
not exceeding, sixty (60) feet in height.
(Revised 1/08)20.42-4
20.42.040
(2) "Type II tower" means a tower greater
than sixty (60) feet in height.
"Antenna, wireless" means any exterior equipment
attached or mounted to a building or tower in the form
of one or more rods, panels, discs or similar devices
used for the transmission or reception of radio or elec-
tromagnetic frequency signals.
(1) An "omnidirectional antenna" transmits
and receives radio frequency signals in a three hundred
sixty (360) degree radial pattern. For the purpose of the
provisions set forth in BMC 20.46.140, an omnidirec-
tional antenna is up to fifteen (15) feet in height and up
to seven (7) inches in diameter. If otherwise meeting the
definition, a whip antenna is considered an omnidirec-
tional antenna.
(2) A "directional antenna" transmits and
receives radio frequency signals in a specific directional
pattern of less than three hundred sixty (360) degrees.
(3) A "parabolic antenna" is a device of gen-
erally parabolic shape for the reception and transmission
of radio frequency signals in a specific directional pat-
tern. Also referred to as a satellite dish.
"Applicant" means a person who applies for any
permit or approval to do anything governed by this title
and who has legal standing to apply for a permit or
approval on the specific property.
"Appurtenance" or "appendage" means a supple-
mental component, architectural feature, or decoration
that has been added to or extends outward from the exte-
rior of a building wall and is not a primary component
of the structure itself. This includes bay windows, low
decks, open porches, awnings, chimneys, and other sim-
ilar features.
"Area of a sign" means the total space within the
frame or outer dimensions of a sign and including any
logos or other artistic or architectural features that are
directly related to or an integral part of the sign. (See
also BMC 20.52.060, Sign measurements.)
"Art gallery" means a room or series of rooms
where art such as paintings, sculptures or other works
are exhibited.
"Art studio" means a loft, room, group of rooms or
building in which an artist works. This includes facili-
ties for the production of photographic works (still or
motion), painting, sculpture, dance, music or similar
activities. A studio is often found in combination with a
gallery or may be an accessory use to a retail business or
other use. This does not include incidental artist work
areas within a residence, which produce no odors or
noise that negatively impact adjacent properties.
"Assisted living facility" means a residential facil-
ity for elderly persons (age fifty-five (55) or older) who
require moderate to extensive assistance with daily tasks
such as cooking, eating, bathing, housekeeping, dis-
pensing of medicines, shopping, appointments and other
tasks.
"Automobile sales" means an establishment prima-
rily engaged in the sale or rental of personal or commer-
cial vehicles such as cars, trucks, vans or motorcycles.
"Automobile service and repair" means an estab-
lishment primarily engaged in repairing, maintaining, or
servicing automobiles.
"Awning/canopy" means a temporary or movable
shelter (awning), or a fixed rigid shelter (canopy) sup-
ported entirely by the exterior wall of the building and
generally extending over a pedestrian walkway. When
used in conjunction with signs, only that portion of the
awning or canopy that is actually used as a sign shall be
included in sign area calculations. Lighting of the
awning or canopy, whether directly, indirectly, or by
back-lighting, shall have no effect on the sign require-
ments, unless lighted signs are specifically prohibited in
that area or zone.
"Bay window" means a window projecting outward
from an exterior wall of a structure. The protrusion has
a maximum depth of thirty (30) inches, and a maximum
horizontal width of twelve (12) feet. The base of the pro-
jecting window is at least twenty-four (24) inches above
grade directly below the center of the window.
"Bed and breakfast" means an owner-managed and
owner-occupied residential single-unit dwelling in
which rooms or other overnight accommodations are
rented on a nightly basis. Meals may be included that are
included as part of the basic compensation. This does
not include group residential homes, boarding and
rooming houses.
"Boarding house" or "rooming house" means a sin-
gle-unit residential structure in which rooms without
kitchens are provided for nontransient persons and may
include meals. This does not include licensed care-pro-
viding facilities.
"Buffering" means a structural, earthy, or vegeta-
tive form used to minimize the impacts of one land use
upon another. A buffer may include any one or a combi-
nation of fences, walls, berms, high shrubs, trees, or
other landscaping. Distance separation is also a form of
buffering.
"Building code" means the International Building
Code and related codes as amended and adopted by the
City of Bremerton.
"Building coverage" means that portion of a lot
covered by the roof areas of all structures. This shall not
include open decks up to thirty (30) inches above
ground, except if it provides a roof over occupancy
underneath.
"Building envelope, allowable" means the three (3)
dimensional space within which a structure is permitted
to occupy. Height, floor area ratio, setbacks, lot cover-
age and similar restrictions establish the building enve-
lope.
20.42-5 (Revised 1/08)
Bremerton Municipal Code 20.42.040
"Building line" means a line on a lot, generally par-
allel to property lines and located a sufficient distance
from the property lines, to provide the minimum yard
areas required by this code. Building lines establish the
area within which buildings are permitted and do not
necessarily correspond with the location of any existing
structures or other improvements.
"Bulletin board/kiosk" means a permanent sign
structure intended to accommodate changeable copy
such as private or public notices, special event informa-
tion, and other short-term messages, and generally at a
scale suitable for pedestrians and not intended to be read
by passing motorists. These signs are exempt from sign
permits and size requirements if they are provided for
the use of the general public and not for commercial
advertising purposes.
"Car wash" means a business engaged in washing,
waxing, polishing, and general cleaning of automobiles,
small trucks, light utility vehicles and small recreational
vehicles, but that is not designed to handle larger com-
mercial trucks and buses. It includes self-service, full-
service, and automated car washes and auto detailing
services.
"Caretaker" means a person who maintains or
watches over someone else’s land or property on a part-
time or full-time schedule. The caretaker may live on the
property or elsewhere.
"Caretaker’s residence" means an accessory dwell-
ing unit provided by the owner of a property to be used
exclusively as living quarters for the caretaker(s) of that
property.
"Carport" means an attached or detached partially
enclosed accessory structure intended primarily for the
storage of private vehicles such as automobiles, light
trucks, or recreational vehicles which is open to the
weather on at least two (2) sides.
"Cell on wheels (COW)" means a mobile telecom-
munications facility transported by a motor vehicle for
temporary on-site use.
"Change of use" means a change in the utilization
or occupancy of a property or building from one use to
another.
"Changeable copy/readerboard sign" means a sign
structure that may be internally or externally illuminated
and intended to accommodate changeable lettering,
numbering, graphic displays, or other short-term mes-
sages. Generally used for commercial advertising or for
public service announcements of current or coming
events. (Also see "Public information/identification
sign.")
"City" means the City of Bremerton, Washington.
"Co-location" means the placing of a wireless tele-
communications antenna on an existing support struc-
ture.
"Community facility" means a facility operated by
a public agency or nonprofit organization for social
gatherings, meetings, learning, recreation, programs to
promote economic independence, or similar functions.
"Concealed" means a wireless telecommunications
antenna or facility that is not evident; it is disguised, hid-
den by or integrated with a structure that is not a tele-
communications tower; or, a personal wireless service
facility that is placed within an existing or proposed
structure.
"Construction sign" means a sign that relates
directly to a construction project taking place on the pre-
mises and may include such information as the name of
the project and contractors, phone numbers, completion
dates, and similar information about the project.
"Day care facility" means a facility licensed by the
state of Washington and approved by the City to provide
regular care for adults or children for periods of less than
twenty-four (24) hours.
"Deck" means an open platform wider than eigh-
teen (18) inches. A deck may be freestanding, cantile-
vered from a building, or connected to the ground with
steps or ramps. A deck that is higher than thirty (30)
inches above finish grade may be referred to as a raised
deck, a rooftop deck, a balcony, or other suitable term.
"Density" means a measure of residential concen-
tration, usually expressed as the number of dwellings
per acre of land. For the purposes of calculating allow-
able densities within this code, density shall be mea-
sured on a "net" basis, whereby unusable areas such as
rights-of-way and lands in public or shared ownership
shall be deducted from the overall area in the calcula-
tion. For example, a one hundred and twenty (120) acre
area containing twenty (20) acres of rights-of-way and
public lands and three hundred (300) dwellings has a
(net) density of three (3) dwellings per acre (three hun-
dred (300) dwellings/one hundred (100) usable acres).
(See also "Acre, net" and "Acre, gross.")
"Density, maximum" means the maximum number
of dwellings allowed per the net buildable acreage as
stated for each zone. Where not specified in a zone
chapter, no maximum density shall apply.
"Density, minimum" means the minimum number
of required dwellings per net buildable acre as stated for
each zone. Where not specified in a zone chapter, no
minimum density shall apply.
"Detached" means any residential structures on the
same lot that are not connected and have a fire separa-
tion of no less than six (6) feet as defined in Section R
302 of the IRC. For commercial structures see the Inter-
national Building Code.
"Detoxification center" means a facility providing
for the care and treatment of an intoxicated person dur-
ing the period in which the person recovers from the
transitory effects of acute intoxication.
"Development coverage" means that portion of a lot
covered by the impervious surface areas of all struc-
(Revised 1/08)20.42-6
20.42.040
tures, and impervious paved areas, such as driveways
and walkways.
"Directional sign" means a permanent sign which is
designed solely for the purpose of directing motor vehi-
cle, pedestrian, bicycle, or other traffic, or individuals
toward a specific destination or route.
"Director" means Bremerton’s Director of Commu-
nity Development and his/her designee.
"Drinking place" means an establishment selling
intoxicating beverages for consumption on the pre-
mises.
"Drive-through facility" means an automobile-ori-
ented facility designed primarily for drive-through
trade, and which provides service and caters to patrons
while in their motor vehicles. Drive-through facilities
conduct a majority of their business transactions with
customers served in their motor vehicles. This does not
include gas stations, service stations, and auto repair
garages.
"Drive-through lanes" means a secondary or ancil-
lary drive-up service at a business that is primarily ori-
ented to walk-in or sit-down customers. The business
must conduct a majority of transactions with walk-in or
sit-down customers. (See also BMC 20.44.120, Ancil-
lary drive-through lanes.)
"Duplex" means a structure containing two (2)
dwelling units on a single lot.
"Dwelling unit" means a living space or combina-
tion of rooms designed to provide independent year-
round living facilities for one (1) family or household,
constructed to the minimum standards of the IBC or
HUD Code, and with provisions for sleeping, eating and
sanitation.
"Dwelling, conventional" means any building or
structure that is built or assembled (in the case of a mod-
ular structure) on the site and in conformance with the
provisions of the International Building Code (IBC).
"Dwelling, modular or factory-built" means build-
ings or structures that are constructed primarily in a fac-
tory and transported to the site for assembly or
installation. All temporary wheels, axles, and other
appliances used in the transport are removed at the des-
tination and the structure is permanently placed, unless
approved as a temporary placement by the City. Such
structures are constructed to the standards of either the
International Building Code (IBC) or the HUD Code.
(See also "Manufactured home.")
"Dwelling, multi-unit structure" means a structure
containing three (3) or more dwelling units. (Also
referred to as a "multifamily structure.")
"Dwelling, single-unit attached" means two (2) sin-
gle-unit dwellings (houses) that are attached at a com-
mon 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 (2) attached units.
(See also "Zero lot line.")
"Dwelling, single-unit structure" means a structure
containing one (1) dwelling unit. (Also referred to as a
"single-family dwelling," or a "house.")
"Education" and "school" means an institution pri-
marily engaged in teaching and learning, operated by a
public school district, nonprofit organization, or a pri-
vate organization. Business and trade schools and Mon-
tessori schools are included, as are satellite buildings of
higher education colleges.
"Education, higher and college" means a higher
education college or university primarily engaged in
teaching and research, and comprised of multiple educa-
tional buildings within a campus setting.
"Entertainment use" means an establishment with a
primary function as a venue for entertainment activities
in an indoor facility, excluding motion picture theaters
and adult entertainment. Entertainment uses include
video arcades, bowling alleys, billiard halls, performing
arts centers, dance halls/night clubs and similar uses.
"Equipment structure" means a structure, shelter,
cabinet, or vault used to house and protect the electronic
equipment necessary for processing wireless communi-
cation signals. Associated electronic equipment may
include air conditioning, backup power supplies and
emergency generators.
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communications Com-
mission.
"Fence" means a structure built to prevent escape or
intrusion, or to provide privacy, screening, or buffering
from noise or other undesirable impacts or activities
beyond the property line. Also includes freestanding
walls.
"Finance," "insurance" and "real estate" means an
establishment primarily involved in finance, such as
depository and nondepository institutions, holding com-
panies, investment companies, and brokers; insurance,
such as carriers of all types, agents and brokers; and real
estate, such as leasers, buyers, sellers, agents and devel-
opers.
"Foster home" means a dwelling unit in which a
full-time resident provides temporary care and supervi-
sion on a full-time basis to not more than six (6) foster
children, three (3) expectant mothers, or three (3) other
adults requiring full-time care.
"Franchise business" means a business granted
authorization by a manufacturer or parent company to
sell or distribute goods or services at a certain location.
"Freestanding sign" means a sign which is designed
solely for the purpose of directing motor vehicle, pedes-
trian, bicycle, or other traffic, or individuals, toward a
specific destination or route, which is not affixed to a
building.
"Frontage" means the actual length of the front
property line abutting a street or alley (if no street front-
20.42-7 (Revised 1/08)
Bremerton Municipal Code 20.42.040
age), or length of the property line of a flag lot that most
closely parallels the street it most directly relates to.
"Garage" means an attached or detached enclosed
accessory structure intended primarily for the storage of
private vehicles such as automobiles, light trucks or rec-
reational vehicles.
"Gas station" means a land use involving the retail
sale of gasoline or other motor vehicle fuel or oil. Gas
stations include self-service and full-service operations.
"Grade" means 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 the ordinary
high water mark. For the purposes of signs, "grade" is
the level of the ground surface immediately below a sign
or proposed sign location, and where slope is involved
is the average of the levels at each supporting member
of the sign’s structure.
"Grade, average final" means the average of the
final grade that will be directly under the proposed
building or structure. Calculations of the average final
grade shall be made by averaging the elevations at the
center of all exterior walls of the proposed building or
structure.
"Grade, existing" means the grade or topography
existing prior to any excavation, clearing, grading or
filling.
"Gross floor area" means 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" means shared living quarters
without separate kitchen facilities for each room or unit.
This classification includes group care residence for
those whose permanent residence is the group residen-
tial facility. It does not include transient lodging. This
definition shall not be construed to include crisis care
facilities, detoxification centers or housing of sexually
violent predators, as defined in RCW 71.09.020(16).
"Group residential facility - Class I (assisted liv-
ing)" means a group care residence for seven (7) or more
children and/or 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 facil-
ity 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 residency at will.
"Group residential facility - Class II" means a group
care residence for juvenile delinquents, the mentally ill,
persons serving a sentence in lieu of confinement, per-
sons 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; transition back into the
community including prerelease, work-release, and pro-
bationary programs that are under the supervision of a
court, state, or local agency. Teaching of work or social
skills may be provided in this class facility but it does
not include drug or alcohol detoxification centers.
"Group residential home" means a residential home
in which a person or persons provide personal care, spe-
cial care, room, and board to more than one (1) but not
more than six (6) children and/or adults who are not
related by blood or marriage to the person or persons
providing the services; provided, however, any limita-
tion on the number of residents resulting from this defi-
nition shall not be applied if it prohibits the City from
making reasonable accommodations to disabled persons
in order to afford such persons equal opportunity to use
and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b).
"Heavy industrial/manufacturing" means a land use
involving assembly, construction, research and testing,
processing or extraction of goods or materials, with the
potential to create noise, smoke, dust, vibration, odor or
other environmental impacts or pollution. Storage of
equipment or products having similar environmental
impacts are also included. Heavy industrial/manufactur-
ing uses include extraction or refinement of raw materi-
als, mass production of large durable goods, production
of industrial chemicals, rolling or drawing of metals,
and any process that involves extensive use of hazard-
ous or volatile materials or chemicals. Production pro-
cesses that produce continuous high levels of noise,
produce obnoxious odors detectable off-site, or produce
off-site light or glare impacts constitute heavy indus-
trial/manufacturing. (See also "Light industrial/manu-
facturing.")
"Height" in the context of wireless telecommunica-
tions facilities means the following:
(1) Related to Tower I and Tower II support
structures, "height" means the dimensions of the tower
as measured from the base of the tower at the foundation
center to the top of the tower excluding antennas.
(2) Related to existing or proposed buildings,
height is determined as per BMC 20.44.070, except that
the highest point of a building with a pitched or hipped
roof shall be considered, for purposes of this definition,
to be the highest point of the roof.
"Home occupation" means any nonresidential use
carried out for monetary gain which is secondary to the
use of the property for residential purposes, and which
(Revised 1/08)20.42-8
20.42.040
is operated in accordance with the home occupation
standards of this code.
"Homeowners’ association" means 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.
"Hospital" means a licensed institution providing
primary health care services and medical or surgical
care to persons, primarily inpatients, suffering from
physical or mental conditions, and which may include
related facilities as an integral part of the institution.
"Hotel" and "lodging place" means an establish-
ment that offers transient lodging accommodations to
the general public, and which may provide such related
services such as restaurants, meeting rooms, gift shops,
beauty shops and recreational facilities.
"Household" means 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 quarter facilities as dormitories, boarding
houses, nursing homes or similar accommodations typi-
cally do not provide facilities for households.
"Identification sign" means a sign intended solely
to inform the public of the use of a property, building,
office, or premises, and which may typically include the
address, suite number, or other identifying information,
but that does not include advertising or messages that
are not necessary for the identification of the premises.
"Illegal sign" means any sign or advertising device
which was erected or altered in violation of the sign
codes in effect at the time of such action and which
remain in violation of existing codes.
"Impervious surface" means any material which
reduces or prevents absorption of storm water into pre-
viously undeveloped land. (See also "Paved surface.")
"Incidental signs" means signs that are intended for
the convenience of the public, which are informational
only, and which do not include the advertising of prod-
ucts or services. Such signs include business hours
signs, credit card signs, entrance and exit signs, and sim-
ilar signs, some of which may be required by law for
safety purposes.
"Incubator for business" means a facility that pro-
vides organizational, mentoring or capital support
intended to accelerate the successful development of
start-up companies, or imparts job and business skills to
employees or trainees. Incubated businesses make
progress toward graduation to independence and reloca-
tion into permanent facilities.
"Junk yard" means a place where discarded or sal-
vaged 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" means an establishment where five (5) or
more domestic animals older than six (6) months are
kept, whether for compensation or not. This does not
include veterinary clinics/hospitals, pet shops or zoos.
"Light industrial/manufacturing" means a land use
involving assembly, processing or research and testing
of parts or materials or chemicals made or refined at
another location. Light industrial/manufacturing uses
have little or no potential of creating noise, smoke, dust,
vibration or other environmental impacts or pollution.
Production processes do not employ the extensive use of
hazardous or volatile materials or chemicals, produce
continuous high levels of noise, produce obnoxious
odors detectable off-site, or produce off-site light or
glare impacts. Storage of equipment or products that do
not create environmental impacts, and mini-storage is
included. (See also "Heavy industrial/manufacturing.")
"Loading area" means an area designed and
intended for the temporary parking of a vehicle while
loading or unloading passengers, merchandise or other
materials.
"Lot" means any area, tract or parcel of land owned
by or under the lawful control and in the lawful posses-
sion of one distinct ownership undivided by a dedicated
street or alley or another ownership, and which has a
minimum of twenty (20) feet of frontage on a street.
"Lot area" means the area within the boundary lines
of a lot. When creating new lots, the calculation for each
new lot area 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 property is located, except when an unbuild-
able environmentally critical area, as defined per BMC
20.14.200, comprises twenty-five (25) percent or less of
the lot, it may be included in the lot area.
"Lot line, front" means any property line that abuts
a public street, private street, alley (if the alley provides
primary access) or ordinary high water mark, and is con-
sidered a frontage. (See also Figure 20.44(a).)
"Lot line, rear" means the property line most oppo-
site or most distant from the designated front lot line and
does not intersect any front lot line. Corner lots do not
have rear lot lines. (See also Figure 20.44(a).)
"Lot line, side" means any lot line not defined as a
front or rear lot line, or any lot line that intersects a front
lot line. (See also Figure 20.44(a).)
"Lot, depth" means 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 lot lines will be determined in the most
reasonable manner, based on the lot’s longest average
dimension.
20.42-9 (Revised 1/08)
Bremerton Municipal Code 20.42.040
"Lot, flag" means 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 accessway
connecting the body of the lot to the street.
"Lot, waterfront" means a lot of which any portion
abuts wetlands or any water body regulated under the
Bremerton Shoreline Master Program.
"Lot, width" means the average horizontal distance
between side lot lines, measured at right angles to the lot
depth line. The Director may use reasonable modifica-
tions to this procedure when determining the width of an
irregular lot.
"Maintain" means to allow to exist or continue to
exist. Also, where the context indicates, to keep in a
safe, neat and clean condition.
"Manufactured home" means a single-family
dwelling required to be built in accordance with regula-
tions adopted under the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.). The unit shall bear an insignia
issued by a state or federal regulatory agency indicating
that the manufactured home complies with all applica-
ble construction standards of the U.S. Department of
Housing and Urban Development (HUD). Commercial
coaches, recreational vehicles, travel trailers, and motor
homes are neither manufactured homes nor dwelling
units. (See "Mobile home.")
"Marina" means a facility which provides moorage
or wet or dry storage for watercraft or float planes, and
which may offer marine-related sales and services.
"Marquee" means a permanent roofed structure
attached to and supported by a building and projecting
away from the building, usually over a public walkway
and typically common to theaters. A marquee itself is
not a sign, but is commonly used to support signs.
"Medical laboratory" means a facility primarily
engaged in providing analytic or diagnostic services on
human specimens, including body fluid or body tissue,
or performing diagnostic imaging, to government agen-
cies, to the medical, dental, or other health service pro-
fessions or to the patient; includes the fabrication of
dentures, eyeglasses and contact lenses, and prosthetic
devices.
"Medical office" and "clinic" means an establish-
ment primarily engaged in providing medical, dental or
other health care services to patients on the premises,
but which excludes facilities for overnight patient care.
Medical clinics that do not have facilities for overnight
patient care are included.
"Mobile home" means a factory-built dwelling built
before June 15, 1976, to standards other than the
National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.),
and acceptable under applicable state codes in effect at
the time of construction or introduction of the home into
this state. Mobile homes are accommodated within
some existing mobile home parks, but are not allowed
on individual lots. (See "Manufactured home.")
"Monument sign" means a freestanding sign placed
on a base of solid appearance, wherein the width of the
base is equal to at least forty (40) percent of the width of
the sign face.
"Motion picture theater" means any premises in
which motion pictures are shown as the principal use of
the premises, and wherein fees of any kind are charged,
and wherein such movies are shown on a regular basis.
"Multiple-building complex" means a group of
structures housing a combination of business, office,
residential, or other uses, and which shares a common
area, access, parking and/or other facilities.
"Multiple-occupancy building" means a single
building housing more than one (1) retail business,
office, commercial venture or other allowed land use.
"Museum" and "gallery" means a building, room,
vessel (boat or ship), or site intended for the preserva-
tion and exhibition of artistic, historical, or scientific
objects.
"Nonconforming sign" means a sign that was
legally established, but no longer conforms to the cur-
rent sign standards of this title.
"Nursery" and "greenhouse" means facilities used
for the propagation and sale of agricultural or ornamen-
tal plants and related products:
(1) "Retail nursery/greenhouse" offers prod-
ucts to the general public including plant materials,
planter boxes, fertilizer, sprays, garden tools, and
related items.
(2) "Wholesale nursery/greenhouse" raises
nursery stock for sale to retail nurseries or other busi-
nesses.
(3) "Greenhouse" means a nursery facility
constructed with transparent or translucent materials for
indoor propagation of plants. A private greenhouse with
no commercial sales is considered an accessory use.
"Nursing/convalescent home" means any home,
place or institution which operates or maintains facili-
ties providing convalescent or chronic care, or both, for
a period in excess of twenty-four (24) consecutive hours
for three (3) or more patients not related by blood or
marriage to the operator, who, by reason of illness or
infirmity, are unable properly to care for themselves.
Convalescent and chronic care may include but not be
limited to any or all procedures commonly employed in
waiting on the sick, such as administration of medicines,
preparation of special diets, giving of bedside nursing
care, application of dressings and bandages, and carry-
ing out of treatment prescribed by a duly licensed prac-
titioner of the healing arts. It may also include
community-based care. This does not include group res-
(Revised 1/08)20.42-10
20.42.040
idential facilities, hospitals, sanitariums, or treatment
centers.
"Office" and "business service, general" means a
place of employment providing services other than pro-
duction, distribution, sale or repair of goods or commod-
ities, excluding personal business services and medical
offices. General office and business services include:
legal, architectural, engineering, consulting or other
professional services, or management, administrative,
secretarial, marketing, advertising, or similar services.
"Off-premises sign" means any sign, including bill-
board signs, that contains a message or directs attention
to a business, profession, product, event, activity, or ser-
vice that is not related to a use or activity conducted or
offered on the premises or at the location where the sign
is located, excluding official road direction signs but
including the sign faces(s) that contain(s) the message or
direction noted above, as well as the pole or other struc-
ture upon which the sign face is attached. Off-premises
signs include off-premises banners and signs carried by
human beings or live animals when carried on the public
right-of-way or any off-premises location.
Open Space. For zoning and development pur-
poses, specific areas may be required for outdoor recre-
ation, resource or sensitive areas protection, amenities,
safety, or buffering. The calculations of areas desig-
nated to meet open space requirements may not include
driveways, parking areas, required yard areas, land
occupied by buildings or structures, nor other impervi-
ous surfaces that are not related to the open space.
"Outdoor athletic fields" means outdoor facilities
used for sporting activities such as softball, baseball,
football, soccer, running track, tennis complex and other
nonmotorized sports. Outdoor athletic fields may
include bleachers, concession stands, lights, restrooms
and other supporting facilities.
"Parcel" means a continuous quantity of land in sin-
gle ownership or under single control, consisting of one
(1) or more lots, and considered a unit for purposes of
development. (See "Lot.")
"Park," "playground" and "open space" means a site
designed, developed, or reserved for recreational use by
the public, such as play areas, community gardens and
natural areas.
"Parking, satellite" means a parking lot containing
parking stalls required for a permitted land use, but in a
location not contiguous to or abutting the permitted land
use.
"Parking, structure" means a parking lot in which
parking stalls are located either below grade, or in a
multilevel building structure.
"Paved surface" means a surface paved with
asphalt, concrete, concrete pavers, brick or similar dura-
ble materials. Low-impact development technologies
which provide a hard surface while allowing for water
penetration shall be classified as paved areas. Paved
areas do not include gravel, crushed rock, and similar
nonbound materials.
"Personal service" means an establishment engaged
primarily in providing services involving the care of a
person, apparel or minor appliances, such as: shoe
repairs, laundry and dry-cleaning, beauty and barber
shops, clothing/costume rental, tanning, other personal
grooming facilities and domestic assistance services,
and personal computing device or cellular phone
repairs. This does not include massage parlors, health
care services, exercise establishments, nor funeral ser-
vices.
"Physical fitness and health club" means an estab-
lishment primarily engaged in providing facilities for
indoor physical fitness activities and recreation. Physi-
cal fitness and health clubs may include such facilities
as gymnasiums, swimming pools, and ball courts.
"Pier" means a fixed structure, or a permanently
moored floating structure, built over tidelands or shore-
lands, and used for a marine landing or moorage for
watercraft.
"Pole sign" means a freestanding sign supported by
uprights or braces wherein the width of the uprights or
braces comprises less than forty (40) percent of the
width of the sign face.
"Porch" means a roofed open area attached to a
building or other structure, usually at an entrance to the
structure. A porch that is enclosed, glazed or screened
may lose its status as an appurtenance.
"Portable sign" means any sign designed to be
moved easily and not permanently affixed to the ground
or to a structure or building. A-frame or sandwich board
signs and movable readerboard signs are examples.
"Premises" means contiguous land in the same
ownership or control not divided by a street or public
right-of-way.
"Private club or lodge" means structures, facilities
and grounds owned or operated by a private or fraternal
organization for use by its members and guests.
"Product sign" means any sign with a face consist-
ing of more than fifty (50) percent of the area devoted to
the advertisement of a commercial product or product
logo without integrated advertising for the on-premises
business establishment, community facility, or tempo-
rary event.
"Projecting sign" means a sign, other than a wall
sign, which is attached to and projects from a structure
or building facade and the face(s) of which is not paral-
lel to the building’s facade. This sign may be supported
by a structure in addition to its building or wall support.
"Provider" means every corporation, company
association, joint stock company, firm, partnership, lim-
ited liability company, other entity and individual
licensed to provide personal wireless services over per-
sonal wireless communication facilities.
20.42-11 (Revised 1/08)
Bremerton Municipal Code 20.42.040
"Public administration" means services and facili-
ties operated by public agencies and serving a commu-
nity need, and generally including staffed facilities or
office spaces. These include government offices, post
offices, satellite police and fire station, and other public
buildings.
"Public distribution/transmission facility" means
the infrastructure lines and connections employed in the
delivery and conveyance of utility services. Distribution
facilities include equipment such as pipes, wires, cables
and similar equipment necessary for delivering utilities
including water, sewer, electricity, gas, broadband, and
other services. Publicly owned utilities as well as pri-
vately owned utilities that serve the general public are
included. (See also "Public utility facility.")
"Public utility facility" means facilities provided
for the benefit of the general public related to infrastruc-
ture and utilities. These include structures and equip-
ment such as transfer stations, substations, pumping
stations, distribution mains, wells, and related utility
facilities and the structures that house them. Publicly
owned utilities as well as privately owned utilities that
serve the general public are included. (See also "Public
distribution facility.")
"Public information/identification sign" means a
sign intended solely to inform the public of events or
activities of community interest, to identify the entrance
to or exit from the City or a district or neighborhood
within the City, and which does not include the advertis-
ing of any business, product or service of a commercial
nature, nor any logo, symbol, or other indication of a
commercial message or sponsorship.
"Public services" means services provided for the
benefit of the general public, including fire protection
and suppression, law enforcement, public health, educa-
tion, information, recreation, environmental protection,
development assistance/permitting, etc.
"Recreational vehicle" means a vehicular-type unit
primarily designed for recreational camping or travel
use that has its own motive power or is mounted on or
towed by another vehicle. These units include, but are
not limited to, travel trailers, fifth-wheel trailers, folding
camping trailers, truck campers, and motor homes.
"Recreational vehicle (RV) park" means a facility
designed to provide two (2) or more sites on which to
park travel trailers, motor homes or similar recreational
vehicles for periods not to exceed thirty (30) days.
Accessory uses to an RV park often include a swimming
pool, playground equipment, convenience store, bathing
and laundry facilities, and other camping/travel ser-
vices.
"Recycling center" means a facility for the collec-
tion, storage and processing of recyclable materials
including crushing, breaking, sorting, packaging and
related operations. A "junk yard" is not a recycling cen-
ter.
"Recycling collection station" means a facility con-
sisting of structures, bins, or other containers designed
or intended for the collection and temporary storage of
recyclable materials until they are picked up and trans-
ported to another location for processing and/or packag-
ing.
"Recycling collection station (limited)" means a
recycling collection station for the collection of glass,
tin cans, aluminum, cardboard, newspaper, magazines,
plastics, and other recyclables in small units, but not
including large appliances, furniture, auto parts, tires,
hazardous or liquid wastes, or any forms of domestic
garbage (putrescible wastes).
"Rehabilitation" means the upgrading of a building
from a dilapidated or substandard condition.
"Residential, as secondary use" means when per-
mitted in a nonresidential zone, a residential land use is
not always accessory to other uses, but is considered
secondary and subordinate to the principal uses of that
zone. Residential uses are placed in locations that don’t
conflict with street level frontage locations that are
reserved for retail, office and other business uses that
comprise the primary function of that zone. (See design
standards in center and corridor zones.)
"Residential use" means structures meeting the def-
inition of Group R, Division 3 occupancies under the
edition of the International Building Code currently
adopted for use by the City.
"Restaurant" means a commercial use which sells a
variety of prepared food and beverages and provides
accommodations for consuming those products on or off
the premises.
"Restaurant, fast food" means an establishment
whose principal business is the sale of a limited variety
of preprepared or rapidly prepared food and beverages
directly to the consumer for consumption either on-pre-
mises or off-premises. Food is generally not served to
the customers’ tables, but is more often dispensed
through a walk-up counter or drive-through take-out
window.
"Retail, general" means an establishment primarily
engaged in the sale or rental of goods or merchandise to
the general public for personal or household consump-
tion, and primarily rendering services incidental to the
sale of such goods. Establishments with a portion of
their sales going to other businesses or contractors, such
as office supply stores, butcher shops, paint stores, hard-
ware stores and similar shall also be considered general
retail. Art studios shall also be included. General retail
uses do not exceed seventy-five thousand (75,000) gross
square feet of ground floor building area and do not
include gas stations or automobile sales.
"Retail, large" means an establishment with a build-
ing area of seventy-five thousand (75,000) gross square
feet or greater in the ground floor, primarily engaged in
the sale or rental of goods or merchandise to the general
(Revised 1/08)20.42-12
20.42.040
public or other businesses for personal, household or
business consumption and primarily rendering services
incidental to the sale of such goods. Large retail uses
often include wholesale stores, discount stores, malls,
shopping plazas, outlet centers, department stores and
similar.
"Sandwich board sign" means a portable sign con-
structed of two (2) equal or roughly equal portions,
hinged at the top such that when placed on the ground
the sign is self-supporting. Sandwich board signs typi-
cally form the shape of a letter "A" when opened and
resting on the ground.
Satellite Dish. See "omnidirectional antenna" under
"Antenna, wireless."
"Senior citizen" means an individual of fifty-five
(55) years of age or older.
"Senior housing complex" means a planned resi-
dential community, intended and operated for occu-
pancy by senor citizens, which consists of any mix of
detached single-family or duplex dwellings and/or
retirement apartments, wherein at least eighty (80) per-
cent of the occupied units are occupied by at least one
(1) senior citizen.
"Setback, minimum" means the required horizontal
distance between the finished exterior wall of a structure
and the lot line of the lot on which it is located. All por-
tions of a structure must be located away from the prop-
erty line a distance equal to or greater than the minimum
setback.
"Setback, maximum" means a required maximum
horizontal distance between the finished exterior wall of
a structure and the lot line of the lot on which it is
located. Where maximum setbacks are stipulated, zone
districts specify what portion of the structure’s finished
front facade width must be located a distance equal to or
lesser than the maximum setback from the property line.
A maximum setback shall apply to the height of a struc-
ture up to fifteen (15) feet above grade, or the height of
the building, whichever is less. Where not specified, no
maximum setback shall apply.
"Shop." Refer to the definition of "storage build-
ing."
"Shopping center" means a contiguous collection of
retail businesses under one (1) ownership or common
management located in a building or set of buildings.
"Sidewalk vendor" means a person(s) who sells edi-
ble or nonedible merchandise from a stand, booth, cart,
basket, tray, table or other device on any sidewalk,
street, highway or public place. They are not categorized
as a land use.
"Sign" means any communication device, structure,
or fixture which is intended to identify a building, use,
business, or event; or to promote the sale of products,
goods or services; using graphics, letters, figures, sym-
bols, trademarks or written copy. Painted wall designs
or patterns which do not represent a product, service or
registered trademark, and which do not identify the user,
are not considered signs. (See sign provisions of this
code.)
"Sign structure" means any structure specifically
intended to support a sign, and which may include sup-
ports, uprights, braces, framework, or other members
needed for support.
"Social services" means establishments primarily
engaged in providing social and rehabilitation services
to improve life skills and increase socioeconomic
opportunities for neighborhood or community residents
of all ages. Establishments primarily engaged in provid-
ing welfare and charitable functions are included.
"Stadium and sports complex" means a large struc-
ture for open-air sports and entertainment generally con-
sisting of tiered seating where people can sit and watch
games or events. Sports complexes may also include
recreational motor vehicle tracks such as go-cart tracks.
Associated field houses and facilities for serving food
are often included.
"Storage building" and "shop" mean an attached or
detached accessory structure which is used for noncom-
mercial storage of household goods or noncommercial
recreational and hobby uses in association with the prin-
cipal use.
"Storage yard, outdoor storage" means an outdoor
area where vehicles, equipment, merchandise, raw
materials, or other items are accumulated and stored for
an indefinite period until needed. Storage yards are
often used in conjunction with a warehouse, storage
buildings, sheds or other structures and may be public or
private. Unless a function of a government agency or
public utility, storage yards are considered accessory to
a business or other principal use.
"Story" means that portion of a building that
extends from the floor surface to the surface of the floor
above or, in the case of a top floor, to the ceiling or roof
above. If a finished floor level is more than six (6) feet
above the finished grade for more than fifty (50) percent
of the total perimeter, the area beneath that floor shall be
considered a story.
"Street" means the improved section of any public
or private right-of-way intended primarily for motor
vehicle travel and which affords the principal means of
access to abutting property, together with bicycle lanes,
sidewalks, and related improvements.
"Street, private" means a parcel at least twenty (20)
feet in width, created specifically to provide motor vehi-
cle access to abutting properties, the owners of which
share in its ownership and maintenance responsibilities.
"Structure" means that which is built or con-
structed.
"Structure, accessory" means a structure that is
incidental and subordinate to a principal structure and
which is customarily found in connection with the prin-
cipal structure and located on the same lot or parcel.
20.42-13 (Revised 1/08)
Bremerton Municipal Code 20.42.040
"Structure, principal" means a structure containing
one or more principal uses, as permitted by the zone in
which the property is located.
"Structure, temporary" means a structure which
does not have, nor is it required by the International
Building Code to have, a permanent attachment to the
ground but is subject to building permits.
"Support structure" means any existing or proposed
building, utility pole, or tower capable of supporting a
wireless telecommunications antenna. Support struc-
tures include, but are not limited to, existing buildings,
water towers, and utility poles and/or towers.
"Temporary sign" means a sign that is not perma-
nently affixed, and which is intended for short-term use,
such as to advertise a specific activity such as a special
promotion, sale, or fund-raising event, but not including
political or election signs. For the purposes of this code,
temporary signs are those displayed for between seven
(7) and sixty (60) days.
"Tower" means any structure that is designed and
constructed primarily for the purpose of supporting one
(1) or more antennas, including but not limited to self-
supporting lattice towers, guy towers or monopole tow-
ers.
(1) "Type I tower" means a tower up to, but
not exceeding, sixty (60) feet in height.
(2) "Type II tower" means a tower greater
than sixty (60) feet in height.
"Townhouse," for purposes of this code, means a
single-unit structure in a row of at least three (3) such
units in which each unit has its own front and rear access
to the outside, no unit is located over another, and each
is separated from any other unit by one (1) or more com-
mon fire-resistant walls. Ownership of each unit
includes ownership of an individual parcel of land
beneath the unit and usually includes a privately owned
outdoor area as well (private yard or open space). The
remainder of the grounds, private streets or driveways,
and recreational facilities are owned in common, similar
to condominium ownership.
"Transient person" means a temporary lodger who
stays no longer than thirty (30) days per visit.
"Transportation facility" means facilities in support
of mass transit or multimodal forms of transportation,
including transit stations, transit stops, taxicab stands,
transportation services, bicycle facilities and similar.
"Use" means the purpose or activity for which land
or improvements are intended, occupied or maintained.
"Use, accessory" means a use that is incidental and
subordinate to a principal use, which customarily is
found in connection with the principal use, and which is
located on the same lot or parcel such as a private
garage, hobby shop, workshop, personal greenhouse,
and required off-street parking.
"Use, conditional" means a use that is not permitted
outright, but may be approved through a conditional use
permit process. "Conditional use" shall have the same
meaning as "special use," as employed in Bremerton
Municipal Code.
"Use, principal" means the primary or main use
conducted or allowed on a lot or parcel.
"Use, temporary" means a use that may occur on a
lot on a short-term or seasonal basis for a prescribed
period of time, which usually does not exceed a six (6)
month duration during a twelve (12) month period.
"Vehicle- or trailer-mounted sign" means a sign
placed or maintained on a stationary automobile, truck,
trailer, or any other motor-driven vehicle. Vehicle- or
trailer-mounted signs do not include signs painted or
placed on commercial vehicles announcing or advertis-
ing the regular business activity of the vehicle owner.
Vehicle- or trailer-mounted signs do not include signs
on vehicles for sale at a licensed sales lot, nor signs on
public transit vehicles including buses and licensed taxi-
cabs.
Vesting. A fully completed development applica-
tion is "vested" at the time it is received by the permit-
ting authority. The development may then be processed,
permitted and carried out under the zoning, land divi-
sion, and other regulations that were in effect when vest-
ing occurred.
"Veterinary clinic" and "animal hospital" mean a
facility providing routine and emergency medical atten-
tion to domestic pets and other animals.
"Wall sign" means a sign attached directly to or
erected against the wall of a building with the face par-
allel to the facade of the building and extending no more
than twelve (12) inches from the wall.
"Warehousing" means establishments involved in
the storage and/or sale of bulk goods for resale or assem-
bly, including wholesaling. This does not include estab-
lishments offering the sale of bulk goods to the general
public, which may be classified as large retail.
Whip Antenna. See "omnidirectional antenna"
under "Antenna, wireless."
"Wireless telecommunications facility" means a
facility for the transmission and reception of radio or
microwave signals used for communication, cellular
phones, personal communications services, enhanced
specialized mobile radio or any other services licensed
by the FCC, and unlicensed wireless services including
but not limited to associated equipment shelter, support
tower and antenna array.
"Worship and religious facility" means a building
or structure primarily intended as a place for public wor-
ship and related activities such as religious education,
meeting halls, and kitchens, or places for personal wor-
ship or meditation. It does not include preschools, paro-
chial schools, day care facilities, major recreational
facilities, vehicle or equipment storage yards, or other
functions that are not clearly a necessary or integral part
of the religious institution.
(Revised 1/08)20.42-14
20.42.040
"Yard" means that portion of a lot that lies between
a lot line (property line) and the building line. (See also
"Lot, front," "Lot, side," and "Lot, rear.")
(1) "Front yard" means the yard area extend-
ing the full width of the front of a lot between the front
property line (lot line) and the front building line.
(2) "Rear yard" means 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.
(3) "Side yard" means 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" means the location of a building on
a lot in such a manner that one (1) of its sides rests
directly on a side lot line with no setback. (Ord. 5008 §3
(part), 2007; Ord. 4977 §5, 2006; Ord. 4971 §4 (part),
2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.46-1 (Revised 1/08)
Bremerton Municipal Code 20.46.020
Chapter 20.46
SPECIAL DEVELOPMENT STANDARDS
Sections:
20.46.010 ACCESSORY DWELLING
UNITS.
20.46.020 FENCES AND WALLS.
20.46.030 HOME OCCUPATIONS.
20.46.040 MANUFACTURED HOMES.
20.46.050 RECREATIONAL VEHICLE ON
A PRIVATE LOT.
20.46.060 DISH ANTENNAS.
20.46.070 ADAPTIVE REUSE OF PUBLIC
AND SEMI-PUBLIC
BUILDINGS.
20.46.080 MINERAL RESOURCE
EXTRACTION.
20.46.090 SENIOR HOUSING COMPLEX.
20.46.100 RECYCLING COLLECTION
STATION.
20.46.110 ADULT ENTERTAINMENT
BUSINESSES.
20.46.120 OUTDOOR STORAGE AREAS.
20.46.130 OUTDOOR LAND USES.
20.46.140 WIRELESS
TELECOMMUNICATIONS
FACILITIES.
20.46.150 PUBLIC UTILITY FACILITIES.
20.46.160 PUBLIC DISTRIBUTION/
TRANSMISSION FACILITIES.
20.46.010 ACCESSORY DWELLING UNITS.
An accessory dwelling unit (ADU) may be installed
where a new or existing single-family dwelling unit
(hereafter, "principal unit") is allowed. Accessory
dwelling units are exempt from density requirements
and shall be subject to the following specific develop-
ment, design and owner occupancy standards:
(a) An ADU shall comply with the development
standards of the underlying zone for the principal unit
including setbacks, height, and lot coverage.
(b) An ADU may be attached or detached from the
principal unit.
(c) Only one (1) ADU may be created per lot.
(d) The property owner, which shall include title-
holders and contract purchasers, must occupy either the
principal unit or the ADU as their permanent residence
for at least six (6) months out of the year.
(e) An ADU shall be limited to not more than:
(1) Sixty (60) percent of the principal unit’s
total floor area (not including basement); and
(2) One thousand (1,000) square feet maxi-
mum, nor less than three hundred (300) square feet.
(f) Any ADU shall be designed so that the appear-
ance of the building remains that of a single-family res-
idence including the following:
(1) Constructed of similar materials and sid-
ing as the principal unit;
(2) A roof of equal or greater pitch as the prin-
cipal unit;
(3) A height no more than twenty-five (25)
percent greater than the principal unit not to exceed the
height limit of the zone.
(g) The entrance to an attached ADU shall not be
on the same facade of the structure as an entrance to the
principal unit.
(h) Accessory dwelling units shall provide one (1)
off-street parking space in addition to that which is
required for the principal unit.
(i) When development of an ADU is for people
with disabilities, the Director may allow reasonable
deviation from the stated requirements to install features
that facilitate accessibility such as those required by the
International Building Code.
(j) An ADU shall have a deed restriction recorded
with the Kitsap County Auditor to indicate the presence
of the ADU, the requirement of owner occupancy, and
other standards for maintaining the unit as described
above. (Ord. 5008 §4, 2007: Ord. 4950 §8 (Exh. A)
(part), 2005)
20.46.020 FENCES AND WALLS.
(a) Fences and walls shall observe the following
height and setback requirements:
(1) Residential Zones.
(i) Maximum height shall be six (6) feet.
(ii) Maximum height within the front
yard setback area shall be four (4) feet.
(iii) On corner lots with a specified front
yard setback on each street frontage, both frontages will
require a height of no more than four (4) feet.
(iv) To obtain a six (6) foot high fence on
a corner lot, a fence permit is required. The Director can
determine that the street frontage of the residence’s prin-
cipal orientation is a "primary frontage" and may permit
a six (6) foot maximum height fence in the yard on the
other (secondary) frontage only if all of the following
conditions are met:
(A) The higher fence will not block
any existing front yard views from an adjoining resi-
dence with its principal orientation to that same street;
(B) The higher fence will not be
closer to the residence’s front property line on the street
of principal orientation than the closest part of the front
facade of the residence;
(C) The higher fence will not
encroach into the front yard of the primary frontage
(Revised 1/08)20.46-2
20.46.030
where the maximum height limit in subsection (a)(1)(ii)
of this section takes precedence.
(v) Six (6) foot tall side yard fences may
not project into the front yard setback except when the
house’s front facade is within the front yard setback
area, in which case the taller fence may extend no fur-
ther than the front facade of the house.
(2) Commercial Zones.
(i) Maximum height shall be eight (8)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(3) Industrial Zone.
(i) Maximum height shall be ten (10)
feet.
(ii) Maximum height shall be six (6) feet
when adjacent to a public right-of-way, or to a residen-
tial zone.
(4) District and Neighborhood Center Zones.
(i) Maximum height shall be four (4) feet
in front yard setback areas.
(ii) Maximum height shall be six (6) feet
for side and rear yard setback areas.
(iii) To obtain an eight (8) foot tall fence,
a fence permit is required. The Director may allow for a
maximum height of up to eight (8) feet in side and rear
yard setback areas provided the use is nonresidential and
the fence is necessary for security purposes.
(5) Essential Public Facilities. Essential pub-
lic facilities may have up to ten (10) foot tall fences in
any zone through a fence permit application provided
the fence is the minimum necessary for security pur-
poses.
(b) A Type II conditional use permit may be
granted for fences or walls up to eight (8) feet high in a
side or rear yard only if the fence or wall is necessary to
provide privacy and security between a residential and a
nonresidential use.
(c) Fences and walls shall not block or hinder the
sight distance of traffic. Exact location and design of a
fence or wall is subject to the approval of the City Engi-
neer when visibility or public safety is an issue.
(d) No electric or electrified fences shall be per-
mitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices
are permitted only in industrial zones above a height of
six (6) feet; provided, that adjoining a residential zone,
devices may be allowed by approval of a Type II condi-
tional use permit pursuant to BMC 20.58.020 only if the
following criteria are met:
(1) The applicant demonstrates that the pro-
tective device cannot be installed outside of the speci-
fied setback without significantly diminishing the utility
of the industrial property;
(2) The protective device will be designed to
minimize adverse aesthetic impact to the residential use
by installing the device behind the top of a fence or wall
or screening the device with landscape; and
(3) The applicant demonstrates that the pro-
tective device is necessary to provide additional security
along the residential property line to protect the indus-
trial premises.
(f) Notwithstanding the provisions of subsection
(a)(1)(ii) of this section, architectural appurtenances
such as trellises or entry gates that define a walkway or
driveway entry are allowed in a front yard up to ninety
(90) inches high; provided, that:
(1) No individual structural support for such
features shall be more than sixteen (16) inches square in
section;
(2) Any gate shall not obscure more than
twenty (20) percent of visibility to the yard as viewed
perpendicular to the gate’s installation; and
(3) Any entry feature greater than three (3)
feet in height shall not be more than six (6) feet wide for
a walkway entry or more than sixteen (16) feet wide for
a driveway entry.
(g) All fences shall present a "finished" appear-
ance on their outside face. (Ord. 5008 §5, 2007: Ord.
4950 §8 (Exh. A) (part), 2005)
20.46.030 HOME OCCUPATIONS.
Home occupations are permitted in a residential
dwelling unit subject to the following limitations:
(a) The business shall clearly be subordinate to the
use of the dwelling unit for residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occu-
pation unless a resident of the dwelling unit.
(d) There shall be no exterior display, storage or
other exterior indication of the existence of the home
occupation, except as allowed by the underlying zone.
(e) One (1) additional off-street parking space
shall be provided in addition to the number of off-street
parking spaces already required for the dwelling. The
Director may waive this requirement if the home occu-
pation involves Internet services that do not require cus-
tomers or deliveries at the residence.
(f) Any sales of product shall be limited to those
produced on the premises, except products produced
elsewhere may be allowed, provided the business is pri-
marily involved in the product’s distribution and does
not attract buyers to the property for retail or wholesale
sales.
(g) Sales and services to patrons shall be arranged
through appointment so that only one (1) patron vehicle
is on the premises at any given time.
20.46-2.1 (Revised 1/08)
Bremerton Municipal Code 20.46.030
(h) Not more than fifty (50) percent of the gross
floor area of the dwelling may be devoted to the home
occupation use.
(i) The garage shall not be used in the business
unless the required off-street and customer parking can
be adequately accommodated elsewhere on the site.
(j) Home occupations involving nonautomotive
engine and equipment maintenance or servicing, beauty
or barbershops, or the selling of products that are not
produced on the premises shall require approval of a
Type II conditional use permit pursuant to BMC
20.58.020.
(k) Automotive painting, body, and engine repair,
small engine repair services and any activity likely to
produce excessive noise are prohibited as home occupa-
tions.
(l) Persons engaged in legal home occupations on
the effective date of the ordinance codified in this chap-
20.50-1 (Revised 1/08)
Bremerton Municipal Code 20.50.040
Chapter 20.50
LANDSCAPING REQUIREMENTS
Sections:
20.50.010 INTENT.
20.50.020 APPLICABILITY.
20.50.030 EXCEPTIONS.
20.50.040 GENERAL PROVISIONS.
20.50.050 PERFORMANCE STANDARDS.
20.50.060 LANDSCAPING PLAN
SUBMITTAL.
20.50.010 INTENT.
The intent of this chapter is to establish landscaping
standards that contribute to a quality urban environment
by connecting open spaces, maintaining native,
drought-resistant vegetation, replacing nonnative and
invasive species, increasing privacy for residential
areas, providing visual relief of parking lots, providing
habitat for fish and wildlife, retaining significant trees,
and reducing erosion and storm water runoff while pro-
viding on-site filtration to protect groundwater
resources from pollutants and flooding. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.50.020 APPLICABILITY.
All new development, including expansion of exist-
ing structures and/or uses, except single-family residen-
tial building permits on individual lots, shall be subject
to the requirements of this chapter. (Ord. 4950 §8 (Exh.
A) (part), 2005)
20.50.030 EXCEPTIONS.
(a) Landscaping standards do not apply to residen-
tial short subdivisions or developments of single-family
units on individual lots, except that all undeveloped
areas of the property shall be landscaped and continually
maintained or retained in a natural undisturbed state;
(b) The Director may waive or reduce any require-
ment(s) of this chapter in the following cases:
(1) The remodel of an existing building
results in the expansion of floor area that is ten (10) per-
cent or less of the existing floor area;
(2) An expansion of a use that results in no
modifications (except normal maintenance and repair of
the structure) to the outdoor area of the site;
(3) To accommodate required off-street park-
ing spaces. (Ord. 4977 §6, 2006; Ord. 4950 §8 (Exh. A)
(part), 2005)
20.50.040 GENERAL PROVISIONS.
(a) Front Yards. All front yard setback areas shall
be landscaped pursuant to the performance standards
per BMC 20.50.050;
(b) Street Trees. Street trees shall be planted along
public and private streets per performance standards in
BMC 20.50.050(a) unless more stringently required by
the underlying zone. Trees shall be located within the
front yard setback area, or within a public right-of-way
if approved by the City and the property owner arranges
the planting and maintenance of said street trees;
(c) Residential Screening. When any nonresiden-
tial development is proposed on a site that abuts the low
density residential (R-10) zone, or when a three (3) or
more dwelling multifamily residential development is
proposed on a site that abuts the low density residential
(R-10) zone, landscaping and screening shall be pro-
vided according to the performance standards in BMC
20.50.050(b);
(d) Areas Adjacent to Trails and Open Spaces. All
developments adjacent to publicly used or designated
trails and open spaces in the Comprehensive Plan shall
provide landscaping screening along the site facing the
trail or open space per the performance standards out-
lined in BMC 20.50.050;
(e) Undeveloped Areas. Undeveloped portions of
property not devoted to landscaping shall be planted,
ground covered, or remain with existing vegetation,
including significant trees, as provided for in BMC
20.50.050(c), but excluding plants that can be classified
as noxious weeds or as invasive species;
(f) Required Plants. New plant materials shall
include native species or nonnative species that have
adapted to the climatic conditions of the coastal Puget
Sound region. The Department of Community Develop-
ment maintains a list of approved plant materials recom-
mended for use within areas in the City of Bremerton.
Additional plants may be added to this list as deemed
appropriate by the City. Performance standards for
required plants are found in BMC 20.50.050(d);
(g) 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 and accompanied by a land-
scape plan as required above;
(2) An alternative landscaping plan may be
approved, provided a finding by the City of public ben-
efit and that the total area of landscaping shall be equal
to or exceed that created by adherence to the standard
landscaping and buffer requirements;
(h) Guarantee. All landscaping shall be completed
prior to the issuance of a certificate of occupancy (CO),
except that in lieu of installing required landscaping, a
performance assurance device may be provided prior to
(Revised 1/08)20.50-2
20.50.050
the issuance of a CO. The purpose of such a requirement
is to ensure that a landscape plan is carried out when
required by this chapter. The following conditions
apply:
(1) A bond or other acceptable assurance
device shall be in the amount of one hundred twenty-
five (125) percent of the estimated cost required to com-
plete the approved landscaping, in order to guarantee its
installation and the replacement of any plants that die
within two (2) years of the posting of the bond;
(2) If a performance assurance device is pro-
vided, landscaping shall be installed within the next
planting season and no later than one (1) year from the
date of issuance of a CO. If the approved landscape plan
is not carried out, the City shall use the performance
assurance device to complete the landscaping;
(3) A performance assurance device will be
released two (2) years after it is posted if the landscaping
vegetation is in a healthy growing condition;
(i) Maintenance Required. All plant material shall
be maintained as designed and approved. Maintenance
standards and assurances must be provided in the land-
scape plan as described in BMC 20.50.060. (Ord. 4950
§8 (Exh. A) (part), 2005)
20.50.050 PERFORMANCE STANDARDS.
Required landscaping shall be provided in the fol-
lowing manner:
(a) Street Trees. One (1) tree for every twenty-five
(25) linear feet of street frontage, and shall be spaced a
maximum distance of thirty-five (35) feet on center;
however, trees may be spaced irregularly in natural
groupings rather than uniformly spaced except as noted
elsewhere in this chapter;
(b) Screening Requirements.
(1) Landscaping forming a year-round sight
barrier a minimum of five (5) feet in height in a land-
scaped area at least ten (10) feet wide; or
(2) A fence or wall, and/or berm, or combina-
tion, no less than five (5) feet high plus shrubs and trees
in an area at least five (5) feet wide;
(c) Significant Trees. Existing healthy trees
located within required landscape areas and undevel-
oped areas and which will not constitute a safety hazard
shall be preserved as follows:
(1) Evergreen Trees. Eight (8) inches in diam-
eter or greater, measured four (4) feet above existing
grade; and
(2) Deciduous Trees. Twelve (12) inches in
diameter or greater, measured four (4) feet above exist-
ing grade;
(d) Planting Materials. Plants shall be selected
based upon site-specific conditions which may affect
plant growth such as sun exposure, soil types, shoreline
conditions, adjacent site improvements, etc. New plant
materials shall consist of drought-resistant species, or
other species that are irrigated per the provisions of
BMC 20.50.060(b)(4) or located in high moisture con-
tent soils. Plant material selection shall be consistent
with the list of approved plant materials recommended
for use within areas in the City of Bremerton per BMC
20.50.040(f). Plant materials shall also be coordinated
with utility company requirements to avoid conflicts;
(e) Plant Type and Size. Plants shall be sized
according to the following:
(1) Standard deciduous trees: one and one-
half (1-1/2) inch to two (2) inch caliper.
(2) Small ornamental and flowering trees: one
and one-half (1-1/2) inch to one and three-fourths (1-
3/4) inch caliper.
(3) Evergreen trees: five (5) feet to six (6) feet
in height.
(4) Shrubs and ground cover: Adequate size
to be consistent with design intent.
(f) Deciduous Species Requirement. Landscaped
areas and required screening shall consist of no more
than fifty (50) percent deciduous species;
(g) Areas Adjacent to Trails and Open Spaces. All
developments adjacent to publicly used or designated
trails and open spaces in the Comprehensive Plan shall
provide one (1) tree per fifty (50) linear feet of the prop-
erty facing such trails and open spaces in addition to the
general provisions of BMC 20.50.040(d);
(h) Interruptions. Screening and buffering may be
interrupted where necessary for access consistent with
the general provisions of this chapter;
(i) Safety. All fire hydrants are to be free of
fences, hedges, and other landscaping obstacles. Shrubs
eighteen (18) inches in height and less must not be
placed closer than five (5) feet to a hydrant, and shrubs
or trees larger than eighteen (18) inches must not be
planted closer than twenty (20) feet to a hydrant;
(j) Freestanding Signs. An area around the base of
each freestanding sign equal to the sign area must be
landscaped to improve the overall appearance of the
sign and to reduce the risk of automobiles hitting the
sign or supports of the sign. This landscaping must
include vegetation and may include other materials and
components such as brick or concrete bases, planter
boxes, pole covers, or decorative framing;
(k) Outdoor Storage. In addition to any other
requirements, 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 consid-
ered a structure and shall conform to setbacks which
may be required for building on street frontage. Outdoor
storage of materials shall not exceed six (6) feet in
height when visible from a public right-of-way;
20.50-3 (Revised 1/08)
Bremerton Municipal Code 20.50.060
(l) Parking Lots. Parking lots shall comply with
all of the landscaping requirements for nonresidential
uses. In addition, the following standards shall apply:
(1) Parking lot setback areas shall be land-
scaped with trees, shrubs, ground covers, turf grasses, or
combinations thereof. Nonliving materials shall not
exceed twenty (20) percent of the landscaped area at
maturity;
(2) Parking lots shall have at least ten (10)
square feet of interior landscaping for each parking
space. Required peripheral trees and required land-
scaped setback areas shall not be included in the interior
landscaping calculations;
(3) Interior landscaping shall be dispersed as
equally as possible throughout the parking lot;
(4) Each separate landscaped area shall be a
minimum of fifty (50) square feet and shall include at
least one (1) tree in combination with shrubs, ground
cover or other landscaping materials;
(5) Bioswales and permeable pedestrian
accessways through parking lots, connecting land-
scaped areas, are encouraged and are included in the cal-
culation of required landscaping square footage;
(6) Lots smaller than thirty (30) spaces are
exempt from internal landscaping requirements if:
(i) They have only a single aisle with
parking spaces on one (1) or both sides;
(ii) They have at least a five (5) foot
width of landscaping across the frontage and along at
least one (1) other property line; and
(iii) The lot has no internal parking islands
or peninsulas;
(7) Trees shall be provided along any property
line abutting a residential zone at a minimum rate of one
(1) tree per each fifty (50) linear feet except along prop-
erty lines abutting an alley or already occupied by a
building or other structure;
(8) If not necessary for visual buffering or if
other trees are on or near the property line, trees may be
irregularly spaced or grouped rather than uniformly
spaced on the property line;
(9) Whenever possible, mature healthy trees,
as defined in BMC 20.50.040(e), already existing on the
site shall be preserved. Credit may be given by the
Director at the time of site plan review for the preserva-
tion of such a tree in exchange for the loss of a parking
space;
(m) Clear-Vision Triangle. A clear-vision area
shall be maintained at the intersections of streets, alleys
and commercial driveways, or combinations thereof as
determined by the City Engineer with the following
requirements:
(1) A clear-vision area shall contain no plant-
ings, fences, walls, other structures, or visual obstruc-
tions 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;
(2) The foregoing provision shall not apply to:
(i) A tree trimmed to the trunk within the
three (3) to eight (8) foot clear area;
(ii) Other plant species that are so planted
and trimmed as to leave a clear and unobstructed cross-
view in all seasons;
(iii) A supporting member or appurte-
nance to a permanent building lawfully existing on the
site;
(3) Where the maximum setback conflicts
with the clear-vision triangle, relief from the maximum
setback may be granted thorough a Type I Director deci-
sion. (Ord. 5008 §6, 2007: Ord. 4971 §11, 2006; Ord.
4950 §8 (Exh. A) (part), 2005)
20.50.060 LANDSCAPING PLAN
SUBMITTAL.
A landscape plan shall accompany all land use
applications, including permits for clearing, grading,
and building.
(a) A landscape plan shall be drawn to scale and
shall indicate:
(1) Project name, owner’s name, designer’s
name, north arrow, date and scale;
(2) Existing property lines, easements, rights-
of-way, utilities, setbacks, trees, fences, and other
screening and structures;
(3) Existing and proposed grades of at least
five (5) foot intervals;
(4) Proposed plantings, identified by common
name, and caliper, size, and minimum height of speci-
mens to be planted.
(b) A landscape plan shall provide assurances for
the following:
(1) Landscape areas consisting of drought-
resistant vegetation will not require temporary or per-
manent irrigation systems;
(2) Areas where existing site conditions
assure adequate soil moisture for growth within the
required landscape area shall have temporary irrigation
systems only as required to sustain new plantings;
(3) Except for areas of undisturbed existing
vegetation, all landscape areas that do not have high soil
moisture conditions shall have temporary or permanent
irrigation systems. Temporary systems may be removed
after twenty-four (24) months or two (2) growing sea-
sons, whichever occurs first; provided, that the plantings
are established;
(4) Permanent irrigation systems located
within required landscape areas shall include the follow-
ing features:
(Revised 1/08)20.50-4
20.50.060
(i) Moisture or precipitation sensors;
(ii) Automatic timers set for operation to
assure adequate moisture levels;
(iii) Head-to-head spacing, if sprinkler
heads are proposed;
(iv) Pressure regulating devices;
(v) Backflow prevention devices;
(vi) Separate irrigation zones for grass
and planting beds;
(vii)Other provisions applicable to state
and City codes;
(5) Irrigation water shall be applied with dem-
onstrated consideration for avoiding runoff, low head
drainage, overspray, or other similar conditions where
water flows onto adjacent property, nonirrigated areas,
and impervious surfaces;
(6) All landscaping shall be maintained in
healthy growing condition for the life of the project;
(7) All plant material shall be managed by
pruning so that plant growth does not conflict with pub-
lic utilities, restrict pedestrian or vehicular access, or
create a traffic hazard. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.60-3 (Revised 1/08)
Bremerton Municipal Code 20.60.040
structures, and other structures on the site (excluding
fences), excluding any hitch or towing fixture:
(i) From interior roads at least fifteen
(15) feet from centerline of the tract or easement, but in
no case shall the setback be less than five (5) feet from
the paved surfaced edge;
(ii) Structures near the perimeter lot lines
of the property shall comply with the setbacks of the
underlying zone;
(iii) A minimum of ten (10) foot separa-
tion between all manufactured homes;
(8) Off-street parking spaces shall be pro-
vided in the following manner:
(i) One (1) parking space per home site;
plus
(ii) One (1) parking space for each five
(5) home sites for guest parking; plus
(iii) Additional parking spaces to provide
for the parking needs of offices, community buildings,
recreational facilities, or other uses within the park that
may be used by park residents or others;
(9) Outside storage of vessels (boats), house-
hold items and equipment is prohibited, except a com-
mon central storage area may be provided for residents
of the park. The storage area shall be screened by a min-
imum five (5) foot high by five (5) foot wide sight-
obscuring barrier consisting of landscaping and fencing
or wall, and shall meet minimum setbacks of the under-
lying zone;
(10)Ten (10) percent of the site shall be main-
tained as common recreational open space for the use of
residents and:
(i) May include community areas and
facilities such as playgrounds, swimming pools, and
hobby and craft shops;
(ii) However, it shall not include required
landscaping areas, perimeter setback areas, parking
areas, storage areas, building separation areas or other
areas deemed impractical by the Director for the recre-
ational enjoyment of the residents;
(11)Trees meeting the standards set forth in
Chapter 20.50 BMC shall be provided along all property
lines abutting a residential zone and public streets.
Exceptions for trees may be allowed when a property
line abuts an alley or is obstructed by a building or other
structure;
(12)Adequate lighting to illuminate streets,
driveways, and walkways for the safe movement of
pedestrians and vehicles is required; and
(13)All water, sewer, electrical, and communi-
cation service lines shall be underground.
(h) Worship and religious facilities greater than
twenty thousand (20,000) square feet, provided:
(1) The site is located on a collector or higher
street;
(2) The site area shall be one (1) acre or more;
and
(3) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(i) Golf course, provided:
(1) A site plan review and a site development
permit are approved pursuant to Chapter 20.58 BMC;
(2) Through the conditional use permit, mod-
ifications to parking and landscaping may be allowed in
order to facilitate good design;
(3) Access to the site shall be from an arterial
street or highway; and
(4) Other conditions are applied as deemed
necessary to mitigate impacts to nearby residential prop-
erties and ensure compatibility with the neighborhood.
(j) Schools, parks and associated uses may be
approved in accordance with the following:
(1) The following uses are permitted through
approval of a conditional use permit:
(i) All public schools and associated
gymnasiums and auditoriums;
(ii) Private schools (K-12) with thirteen
(13) or more students;
(iii) Parks and playgrounds greater than
one-half (1/2) acre;
(iv) Outdoor athletic fields;
(v) Boat launching and related facilities;
(vi) Maintenance and service yards;
(vii)Bus and other vehicle and equipment
maintenance and storage facilities;
(viii)Administrative office related to the
facilities greater than two thousand (2,000) square feet
gross floor area;
(ix) Buildings and structures for nonprofit
groups on public lands;
(2) Uses permitted pursuant to subsection
(j)(1) of this section shall be subject to complying with
the following conditions:
(i) Front, side and rear yard setbacks of
structures and outdoor storage areas shall be at least
thirty (30) feet;
(ii) Setbacks may be reduced for those
portions of a structure fronting interior streets;
(iii) The maximum height for any new
construction may be increased to match the architecture
of existing buildings; provided, that it is set back an
additional foot from any property line for each addi-
tional foot of allowed height, and in no case shall the
new construction exceed forty-five (45) feet;
(Revised 1/08)20.60-4
20.60.060
(iv) Landscaping is provided meeting the
minimum requirements for nonresidential uses pre-
scribed in Chapter 20.50 BMC. Additional landscaping
for screening purposes may be required if it is found
necessary to mitigate any impacts to adjoining residen-
tial properties;
(v) Additional measures may be required
if deemed necessary to mitigate any noise impacts to
adjacent residential uses; and
(vi) The maximum height of a fence or
wall within a front yard setback may be increased to six
(6) feet, provided it enhances safety and security around
an outdoor play area.
(k) Public utility facilities located above ground,
provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties;
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility; and
(3) Exceptions to setbacks may be allowed if
the applicant can demonstrate that the public interest is
better served by allowing the modification.
(l) Law enforcement and fire facilities, provided:
(1) Landscaping is provided meeting the min-
imum requirements for nonresidential uses prescribed in
Chapter 20.50 BMC. Additional landscaping for screen-
ing purposes may be required if it is found necessary to
mitigate any impacts to adjoining residential properties.
(2) The maximum height of a fence or wall
may be increased within a front yard setback that will
provide screening from adjacent uses and enhance
safety and security around the facility.
(m) Neighborhood businesses, provided:
(1) The use is listed as a permitted use in
BMC 20.82.020;
(2) The use is a preexisting use that has
legally operated within the previous twelve (12) month
period; and
(3) The use is not expanded beyond its exist-
ing footprints. (Ord. 4977 §10, 2006: Ord. 4971 §15,
2006; Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.060 DEVELOPMENT STANDARDS.
(a) Lot Standards. Lot development requirements
shall be in accordance with this section and the follow-
ing standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen
(15) feet;
(ii) Minimum side yard setback is five (5)
feet;
(iii) Minimum rear yard setback is fifteen
(15) feet.
(2) Maximum structure height is thirty-five
(35) feet.
(3) Maximum structure height in (R-10) areas
within the downtown regional center shall be pursuant
to Figure 20.74(a) and shall supercede subsection (a)(2)
of this section.
(4) Minimum lot width is thirty (30) feet.
(5) Maximum development coverage is sixty
(60) percent.
(b) Zero (0) Lot Line (ZLL) Development. An
attached single-family dwelling and/or garage structure
may have a single shared side or rear lot line, and a set-
back reduced to zero (0), provided the structure com-
plies with building code fire separation requirements.
(c) Accessory Structures. The following standards
shall apply but are not limited to: garages, carports,
shops, barns, covered patios, cabanas, gazebos, and inci-
dental household storage buildings, excluding accessory
dwelling units per BMC 20.46.010 and structures not
requiring a building permit:
(1) The maximum area for all accessory struc-
tures shall be eighty (80) percent of the principal resi-
dential use not to exceed one thousand two hundred
(1,200) square feet.
(2) Setbacks of detached accessory structures
are pursuant to BMC 20.44.060.
(d) Garages, Storage Buildings and Shops.
(1) Any garage, storage building or shop
structure shall be designed so that the appearance of the
building remains that of a single-family residence
including the following:
(i) Constructed of similar materials as
the principal unit;
(ii) A roof of equal or greater pitch as the
principal unit;
(iii) A height no more than twenty-five
(25) percent greater than the principal unit not to exceed
thirty-five (35) feet.
(2) Any garage, storage building, or shop may
be exempt from the accessory structure size require-
ments provided it is contained within the principal unit.
(3) Garage, Carport, and Shop Vehicle
Entrance Setbacks. When the vehicle entrance faces the
street, the garage, carport, or shop shall have a front yard
setback of at least twenty (20) feet, except as provided
in BMC 20.44.020 (Traditional Front Yard Setbacks).
(e) Lot Area for Parks and Schools. Parks and
schools may exceed maximum lot area requirements if
approved by a conditional use permit. (Ord. 5008 §7,
2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.60-5 (Revised 1/08)
Bremerton Municipal Code 20.60.065
20.60.065 ALLOWABLE DENSITY AND LOT
AREA.
The purpose of this section is to establish compati-
ble levels of density within existing neighborhoods. The
intent is to allow infill residential development at densi-
ties equal to or slightly higher than existing residential
densities in the vicinity to encourage neighborhood
compatible infill over time. The following density and
lot area standards are applicable to development within
the zone:
(a) Minimum Density. The minimum required
density is five (5) dwellings per acre.
(b) Maximum Density. The maximum allowed
density is subject to neighborhood compatibility and the
neighborhood average lot area as determined in subsec-
tion (f) of this section, and the following corresponding
target densities:
(c) Maximum Lot Area. The maximum lot area is
eight thousand seven hundred twelve (8,712) square
feet, with the following exceptions:
(1) The lot area may be modified through the
approval of a residential cluster development pursuant
to BMC 20.58.060;
(2) One (1) lot within a proposal for a division
of land may exceed eight thousand seven hundred
twelve (8,712) square feet, provided the remaining lots
do not exceed the eight thousand seven hundred twelve
(8,712) square foot maximum lot size; and
(3) A flag lot that complies with the require-
ments in BMC 20.44.100 may exceed eight thousand
seven hundred twelve (8,712) square feet, provided the
total area of the flag lot does not exceed thirteen thou-
sand sixty-eight (13,068) square feet.
(d) Minimum Lot Area. The minimum allowed lot
area is subject to neighborhood compatibility and the
neighborhood average lot area as determined in subsec-
tion (f) of this section, and the following corresponding
lot area:
(e) Exception to Minimum Lot Areas and Maxi-
mum Target Density.
(1) The minimum lot area may be modified
through the approval of a residential cluster develop-
ment pursuant to BMC 20.58.060, provided the devel-
opment complies with the maximum density
requirement set forth in subsection (b) of this section.
(2) The minimum lot area in a center may be
modified pursuant to BMC 20.60.066(c).
(3) One (1) remainder lot within a proposal
for a division of land may be less than the minimum
allowable lot area, provided it is in no smaller than four
thousand three hundred (4,300) square feet, and pro-
vided the reduction is the minimum necessary to create
the other conforming lot(s).
(f) Determining Neighborhood Compatibility and
Neighborhood Average Lot Area. New development is
required to be compatible with the density of the sur-
rounding neighborhood. Compatibility is determined by
calculating the average lot area of all existing lots within
one hundred fifty (150) feet from the outer boundaries
of the site subject to the following standards:
(1) All lots greater than eight thousand seven
hundred twelve (8,712) square feet shall be rounded
down to eight thousand seven hundred twelve (8,712)
square feet to determine average lot area;
(2) The platted or unplatted lot boundaries
recorded with the Kitsap County Assessor shall be used
to determine average lot area;
(3) Flag lots meeting the requirements in
BMC 20.44.100 shall have their lot area divided by one
and one-half (1.5) to be used to determine lot area;
(4) All lots containing two (2) or more dwell-
ing units (not including accessory dwelling units) and all
lots containing nonresidential uses shall be rounded
down to four thousand three hundred (4,300) square feet
to determine average lot area;
(5) All lots containing multifamily residential
uses with twenty-five (25) or more units shall be consid-
ered ten (10) lots with areas of four thousand three hun-
dred (4,300) square feet each for the purposes of this
calculation. No further bonus is allowed, regardless of
the number of units exceeding twenty-five (25).
(g) Target Density/Minimum Lot Area Discrep-
ancy. Should a discrepancy arise between the number of
subdividable lots allowed through the use of the mini-
mum allowable lot area and the target density, the min-
imum allowable lot area shall be the controlling factor in
cases where nine (9) or fewer lots are being created, and
the target density shall be the controlling factor in cases
where ten (10) or more lots are being created. (Ord.
5008 §8, 2007: Ord. 4972 §1, 2006; Ord. 4971 §16,
2006: Ord. 4950 §8 (Exh. A) (part), 2005)
Neighborhood
Average Lot Area:
Target Density (Net)
(Dwellings Per Acre):
(1) Low 7,501 sq. ft. or greater 6
(2) Medium 6,001 to 7,500 sq. ft. 8
(3) High 6,000 sq. ft. or less 10
Neighborhood
Average Lot Area:
Minimum Lot Area
Allowed:
(1) Low 7,501 sq. ft. or greater 6,000 sq. ft.
(2) Medium 6,001 to 7,500 sq. ft. 5,000 sq. ft.
(3) High 6,000 sq. ft. or less 4,300 sq. ft.
(Revised 1/08)20.60-6
20.60.066
20.60.066 ALLOWABLE DENSITY AND LOT
AREA IN A CENTER.
When a property zoned low density residential
(R-10) is located within an area designated a neighbor-
hood or district center by the Comprehensive Plan, the
following density and lot area standards apply:
(a) Minimum Density. The minimum required
density is five (5) dwellings per acre.
(b) Maximum Density. The maximum allowed
density is fifteen (15) dwellings per acre.
(c) Minimum Lot Area. The minimum allowed lot
area is three thousand (3,000) square feet, except as
modified by the approval of a residential cluster devel-
opment pursuant to BMC 20.58.060.
(d) Maximum Lot Area. The maximum lot area is
pursuant to BMC 20.60.065(c). (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.60.068 ALLOWABLE DENSITY AND LOT
AREA IN UNDERUTILIZED
URBAN FRINGE AREAS.
(a) When a property zoned low density residential
meets the criteria for an underutilized urban fringe area
per subsection (a)(1) of this section, the density and lot
area standards of subsection (b) of this section shall
apply.
(1) A property shall be classified as underuti-
lized urban fringe when the average lot size of all lots
within three hundred (300) feet of the site’s outer
boundaries is greater than eight thousand seven hundred
twelve (8,712) square feet, and the property meets one
(1) of the following criteria:
(i) The property is outside of the Decem-
ber 1, 2005, Bremerton City limits; or
(ii) The property is inside of the Decem-
ber 1, 2005, Bremerton City limits and is a single project
equal to or greater than fifty (50) acres in size.
(b) The following density and lot area standards
shall apply to lots in underutilized urban fringe areas:
(1) Minimum Density. The minimum
required density for that portion of the site not contain-
ing critical areas is seven (7) dwellings per acre.
(2) Maximum Density. The maximum
allowed density is ten (10) dwellings per acre.
(3) Minimum Lot Area. The minimum lot
area is four thousand three hundred (4,300) square feet.
(4) Maximum Lot Area. The maximum lot
area is six thousand two hundred (6,200) square feet.
(Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.080 OFF-STREET PARKING
REQUIREMENTS.
Off-street parking shall be provided in accordance
with the requirements set forth in Chapter 20.48 BMC.
(Ord. 4950 §8 (Exh. A) (part), 2005)
20.60.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided in accordance with
the requirements set forth in Chapter 20.50 BMC. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.60.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC and the following:
(a) One (1) sign with a sign area of up to eight (8)
square feet may be allowed to advertise a permitted bed
and breakfast, provided it matches the architectural fea-
tures of the primary residence.
(b) For a home occupation sign, the residential dis-
trict sign regulations in BMC 20.52.120 shall apply.
(c) When an established business use is located in
the low density residential zone, the special purpose
sign regulations in BMC 20.52.130 shall apply. (Ord.
5008 §9, 2007: Ord. 4971 §17, 2006; Ord. 4950 §8
(Exh. A) (part), 2005)
20.62-1 (Revised 1/08)
Bremerton Municipal Code 20.62.060
Chapter 20.62
COMMERCIAL CORRIDOR (CC)
Sections:
20.62.010 INTENT.
20.62.020 PERMITTED USES.
20.62.040 CONDITIONAL USES.
20.62.060 DEVELOPMENT STANDARDS.
20.62.070 DESIGN STANDARDS.
20.62.080 PARKING REQUIREMENTS.
20.62.090 LANDSCAPING
REQUIREMENTS.
20.62.100 SIGN STANDARDS.
20.62.010 INTENT.
The intent of the commercial corridor (CC) district
is to provide locations for high intensity commercial
uses serving the entire community while preserving
maritime views, forested areas, and buffering impacts to
adjacent residential areas. The corridor accommodates
access to businesses by automobile while also creating a
pedestrian-friendly, transit-supporting corridor. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.62.020 PERMITTED USES.
The following uses are permitted outright:
(a) The following uses, provided they do not
exceed twenty thousand (20,000) square feet gross floor
area:
(1) Automobile service and repair excluding
outdoor display areas for cars, boats, or other vehicles;
(2) Community facility;
(3) Day care;
(4) Drinking place;
(5) Drive-through facility;
(6) Education and school;
(7) Entertainment use;
(8) Finance, insurance and real estate;
(9) General office and business service;
(10)General retail;
(11)Medical office and clinic;
(12)Personal service;
(13)Physical fitness and health club;
(14)Restaurant;
(15)Senior center;
(b) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(c) Hotel and lodging place;
(d) Museum and gallery;
(e) Nonmotorized outdoor recreation facility;
(f) Public administration use;
(g) Residential as a secondary use;
(h) Veterinary clinic. (Ord. 5008 §10, 2007: Ord.
4950 §8 (Exh. A) (part), 2005)
20.62.040 CONDITIONAL USES.
The following uses may be permitted provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Hardware and materials supply stores includ-
ing garden supply, provided:
(1) The structure(s) is less than twenty thou-
sand (20,000) square feet of gross floor area;
(2) Outdoor storage and product display shall
be screened from view by a solid fence or wall;
(3) No loading areas shall be located in a front
yard or side yard abutting or located across from a resi-
dentially zoned property; and
(4) Outside storage is limited to five thousand
(5,000) square feet.
(b) Gas stations and car washes, provided:
(1) No more than two (2) points of
ingress/egress are allowed per street frontage.
Ingress/egress points shall be separated in accordance
with City engineering requirements.
(2) Buffering is provided pursuant to BMC
20.50.050, and in addition, trees at least ten (10) feet in
height of two (2) inch caliper, measured four (4) feet
above ground at time of planting and/or construction
shall be included at intervals not greater than fifteen (15)
feet. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.62.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with
the following standards, unless allowed for otherwise by
law:
(1) Maximum front yard setback: five (5) feet.
At least sixty-five (65) percent of the building’s front
facade must meet the maximum front yard setback;
(2) Minimum side yard setback: zero (0)
except as follows:
(i) Residential uses abutting the low den-
sity residential (R-10) zone: ten (10) feet;
(ii) Nonresidential uses abutting the low
density residential (R-10) zone: sixty (60) feet;
(3) Minimum rear yard setback: zero (0),
except as follows:
(i) Residential uses from the low density
residential (R-10) zone: ten (10) feet;
(ii) Nonresidential uses from the low den-
sity residential (R-10) zone: sixty (60) feet;
(4) No maximum density for secondary resi-
dential uses.
(5) Maximum building coverage: fifty (50)
percent unless increased per subsection (b) of this sec-
(Revised 1/08)20.62-2
20.62.070
tion. In no case shall maximum lot coverage exceed sev-
enty-five (75) percent.
(6) Maximum development coverage is sev-
enty-five (75) percent unless increased per subsection
(b) of this section. In no case shall maximum develop-
ment coverage exceed ninety-five (95) percent.
(7) Maximum height: forty-five (45) feet,
except that structures within one hundred (100) feet of
the low density residential (R-10) zone shall not exceed
thirty-five (35) feet in height.
(8) Maximum building heights within the
downtown regional center are pursuant to Figure
20.74(a), and shall supersede subsection (a)(7) of this
section.
(b) A development that provides the following
may have its maximum development and lot coverage
increased by adding bonus percentages to the maximum
base area percentage, provided the total does not exceed
the maximum allowed above:
(1) Commercial/residential mixed use devel-
opment: twenty (20) percent bonus;
(2) Development containing seventy-five (75)
percent of the building footprint with three (3) and four
(4) story buildings: ten (10) percent bonus;
(3) Ten (10) percent bonus if a sidewalk ten
(10) feet in width or greater is installed extending to the
front of the building and continuing along the entire
arterial frontage of the parcel;
(4) Pedestrian through-corridor that provides
pedestrian access to a location approved by the Director:
five (5) percent bonus;
(5) Fifty (50) percent of off-street parking is
provided underground or within a building designed for
occupancy: twenty (20) percent bonus. (Ord. 5008 §11,
2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.62.070 DESIGN STANDARDS.
The following design standards shall be applied to
all new development or significant redevelopment of a
site. When development involves the remodel or expan-
sion of existing structures, the Director may modify
these requirements to reasonably fit the scope and scale
of the remodel or expansion.
(a) Bulk Reduction. At least two (2) of the follow-
ing criteria shall be used to reduce the appearance of
mass and bulk of the facade of all buildings facing pub-
lic streets:
(1) Upper floor setbacks of not more than ten
(10) feet, provided the setbacks are not applied to more
than twenty-five (25) percent of building facades facing
a public street.
(2) One (1) or more of the following tech-
niques:
(i) Recessing the entrance area at least
three (3) feet.
(ii) An entrance area that protrudes at
least three (3) feet.
(iii) A canopy, portico or overhang
extending at least five (5) feet over the sidewalk in the
entrance area.
(3) Buildings with at least five (5) foot over-
hangs, awnings, canopies or arcades elevated between
eight (8) and twelve (12) feet above the sidewalk.
(4) Window Fenestration. Windows shall
occupy at least fifty (50) percent of the ground floor
facade measured to ten (10) feet above the sidewalk or
finished grade.
(b) Sight-obscuring landscape buffering shall be
provided along property lines adjacent to commercial
corridor (CC) and low density residential (R-10) zones
pursuant to the standards set forth in BMC 20.50.050(b).
(c) Outdoor storage of all materials shall be pro-
hibited except for nurseries, which shall provide screen-
ing pursuant to BMC 20.50.050(b).
(d) Refuse Containers.
(1) Refuse container screening shall be
required and be of a material and design compatible
with the overall architectural theme of the associated
structure, shall be at least as high as the refuse container,
and shall in no case be less than six (6) feet high;
(2) No refuse container shall be permanently
stored between a street and the front of a building;
(3) Refuse collection areas shall be designed
to contain all refuse generated on-site and deposited
between collections. Deposited refuse shall not be visi-
ble from outside the refuse enclosure. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.62.080 PARKING REQUIREMENTS.
On-site parking shall be provided in accordance
with Chapter 20.48 BMC, and the following standards
shall be met:
(a) On-site parking shall be to the rear or to the
side of buildings on the site and shall not occupy more
than fifty (50) percent of the site frontage facing the
arterial street.
(b) Parking shall not be placed on street corners.
(c) Access to parking may be from adjacent nonar-
terial streets, or from driveways off of the arterial.
(d) Driveways providing access to parking area
shall be well marked. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.62.090 LANDSCAPING REQUIREMENTS.
The landscaping requirements set forth in Chapter
20.50 BMC, or as otherwise modified in this chapter,
shall be satisfied. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.64-1 (Revised 1/08)
Bremerton Municipal Code 20.64.060
Chapter 20.64
WHEATON WAY REDEVELOPMENT
CORRIDOR (WWRC)
Sections:
20.64.010 INTENT.
20.64.020 OUTRIGHT PERMITTED USES.
20.64.040 CONDITIONAL USES.
20.64.060 DEVELOPMENT STANDARDS.
20.64.070 DESIGN STANDARDS.
20.64.080 PARKING REQUIREMENTS.
20.64.090 LANDSCAPING
REQUIREMENTS.
20.64.100 SIGN STANDARDS.
20.64.010 INTENT.
The intent of the Wheaton Way redevelopment cor-
ridor (WWRC) zone is to provide for the transition over
time of the corridor away from suburban-style strip
commercial development. The WWRC zone seeks to
create a mixed use, high density corridor that will enable
a full range of commercial uses oriented closer to the
street, and medium to high density residential uses
above or on portions of larger sites away from the street
frontage. The zone seeks to balance the needs of auto-
mobile-oriented businesses with a desire to incorporate
a more pedestrian-oriented design approach. Introduc-
tion of residential use within the corridor is intended, in
part, to support high levels of transit usage within the
corridor. In addition, the WWRC zone seeks to provide
adequate transitions to less intense adjacent zone dis-
tricts. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.64.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) All residential uses except Class II group resi-
dential;
(b) Automobile service and repair;
(c) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(d) Community facility;
(e) Drinking place;
(f) Drive-through facility;
(g) Entertainment use;
(h) Finance, insurance and real estate;
(i) General office and business service;
(j) General retail;
(k) Hotel and lodging place;
(l) Medical office and clinic;
(m) Museum and gallery;
(n) Park, playground and open space;
(o) Personal service;
(p) Physical fitness and health club;
(q) Public administration use;
(r) Restaurant;
(s) Veterinary clinic. (Ord. 5008 §12, 2007: Ord.
4950 §8 (Exh. A) (part), 2005)
20.64.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Hardware and materials supply stores includ-
ing garden supply, provided:
(1) The structure is less than twenty thousand
(20,000) square feet of gross floor area;
(2) Outside storage shall be entirely screened
from view by a solid fence or wall;
(3) Outside storage is limited to five thousand
(5,000) gross square feet or less of materials.
(b) Gas stations and carwashes, provided:
(1) No more than two (2) points of ingress/
egress are allowed per street frontage. Ingress/egress
points shall be separated laterally along the property
frontage(s) to the maximum possible while meeting all
other street standards and City requirements;
(2) Buffering is provided pursuant to BMC
20.50.050, and in addition, trees at least ten (10) feet in
height of two (2) inch caliper, measured four (4) feet
above ground at time of planting and/or construction
shall be included at intervals no greater than fifteen (15)
feet. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.64.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with
the following standards, unless allowed for otherwise by
law:
(1) Maximum front yard setback is five (5)
feet except that front yard setback may be increased if
the Director finds that such increase is necessary to
accommodate pedestrian features per BMC 20.64.070
or equivalent. At least sixty-five (65) percent of the
building’s front facade must meet the maximum front
yard setback;
(2) Minimum side yard setback is zero (0)
from nonresidential zones, and thirty (30) feet from the
low density residential (R-10) zone;
(3) Minimum rear yard setback is zero (0)
from nonresidential zones, and thirty (30) feet from the
low density residential (R-10) zone;
(4) Maximum building coverage: fifty (50)
percent unless increased per subsection (b) of this sec-
tion. In no case shall maximum lot coverage exceed sev-
enty-five (75) percent;
(5) Maximum development coverage: sev-
enty-five (75) percent unless increased per subsection
(Revised 1/08)20.64-2
20.64.070
(b) of this section. In no case shall maximum develop-
ment coverage exceed ninety-five (95) percent;
(6) Maximum height: forty (40) feet, and
structures within one hundred (100) feet of the low den-
sity residential (R-10) zone shall not exceed three (3)
stories in height.
(b) A development that provides the following
may have its maximum development and lot coverage
increased by adding bonus percentages to the maximum
base area percentage, provided the total does not exceed
the maximum allowed above:
(1) Commercial/residential mixed use devel-
opment: twenty (20) percent bonus;
(2) Development containing seventy-five (75)
percent of the building footprint with three (3) and four
(4) story buildings: ten (10) percent bonus;
(3) Ten (10) percent bonus if a sidewalk ten
(10) feet in width or greater is installed extending to the
front of the building and continuing along the entire
arterial frontage of the parcel;
(4) Projects providing a through-block corri-
dor that facilitates pedestrian access in a location
approved by the City: five (5) percent bonus;
(5) Projects providing at least fifty (50) per-
cent of their required parking underground or within the
building: twenty (20) percent bonus.
(c) Maximum residential density: twelve (12)
units per acre, except on sites in single ownership larger
than three (3) acres, residential density may be increased
to a maximum density of twenty (20) units per acre; pro-
vided, that:
(1) Site design provides for internal circula-
tion connections for both pedestrians and vehicles
between all portions of the site;
(2) Landscaping and/or screening adjacent to
a single-family zone district shall be provided per BMC
20.50.040(c);
(3) A transit stop with shelter is provided at
the arterial street frontage.
(d) Commercial uses shall be located within two
hundred (200) feet of the arterial street frontage. (Ord.
5008 §13, 2007: Ord. 4977 §11, 2006; Ord. 4950 §8
(Exh. A) (part), 2005)
20.64.070 DESIGN STANDARDS.
The following design standards shall be applied to
all new development or significant redevelopment of a
site. When development involves the remodel or expan-
sion of existing structures, the Director may modify
these requirements to reasonably fit the scope and scale
of the remodel or expansion.
(a) Bulk Reduction. At least two (2) of the follow-
ing criteria shall be used to reduce the appearance of
mass and bulk of the facade of all buildings facing pub-
lic streets.
(1) Upper floor setbacks of not more than ten
(10) feet, provided the setbacks are not applied to more
than twenty-five (25) percent of building facades facing
a public street.
(2) One or more of the following techniques:
(i) Recessing the entrance area at least
three (3) feet;
(ii) An entrance area that protrudes at
least three (3) feet; or
(iii) A canopy, portico or overhang
extending at least five (5) feet over the sidewalk in the
entrance area.
(3) Buildings with at least five (5) foot over-
hangs, awnings, canopies or arcades elevated between
eight (8) and twelve (12) feet above the sidewalk.
(4) Window Fenestration. Windows shall
occupy at least fifty (50) percent of the ground floor
facade measured to ten (10) feet above the sidewalk or
finished grade.
(b) Residential uses shall be placed only on upper
floors of mixed use structures in which ground floors are
occupied with nonresidential uses, except that on sites in
single ownership larger than three (3) acres, single-use
residential structures are permitted if screened from
major arterials by mixed use structures or structures
containing other permitted nonresidential uses only.
Such screening structures must comprise at least sixty-
five (65) percent of the arterial frontage to a height of
thirty-five (35) feet.
(c) Sight-obscuring landscape buffering shall be
provided along property lines adjacent to commercial
corridor (CC) and low density residential (R-10) zones
pursuant to the standards set forth in BMC 20.50.050(b).
(d) Outdoor storage of all materials shall be pro-
hibited except for nurseries, which shall provide screen-
ing pursuant to BMC 20.50.050(b).
(e) Refuse containers, provided:
(1) Refuse container screening shall be
required and be of a material and design compatible
with the overall architectural theme of the associated
structure, shall be at least as high as the refuse container,
and shall in no case be less than six (6) feet high;
(2) No refuse container shall be permanently
stored between a street and the front of a building; and
(3) Refuse collection areas shall be designed
to contain all refuse generated on-site and deposited
between collections. Deposited refuse shall not be visi-
ble from outside the refuse enclosure. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.64-3 (Revised 1/08)
Bremerton Municipal Code 20.64.100
20.64.080 PARKING REQUIREMENTS.
On-site parking shall be provided in accordance
with Chapter 20.48 BMC and the following standards
shall be met:
(a) On-site parking shall be to the rear or to the
side of buildings on the site and shall not occupy more
than forty (40) percent of the site frontage facing the
arterial street.
(b) Parking shall not be placed on street corners.
(c) Access to parking may be from adjacent nonar-
terial streets, or from driveways off of the arterial.
(d) Driveways providing access to parking area
shall be well-defined, highly visible entryways.
(e) On-street parking shall be allowed to help sat-
isfy parking requirements, provided paved street widths
provide adequate room pursuant to City standards for
on-street parking. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.64.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC, or as otherwise modified in this chapter.
(Ord. 4950 §8 (Exh. A) (part), 2005)
20.64.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.66-1 (Revised 1/08)
Bremerton Municipal Code 20.66.070
Chapter 20.66
NEIGHBORHOOD CENTER CORE (NCC)
Sections:
20.66.010 INTENT.
20.66.020 PERMITTED USES.
20.66.050 PROHIBITED USES.
20.66.060 DEVELOPMENT STANDARDS.
20.66.070 DESIGN STANDARDS.
20.66.080 PARKING REQUIREMENTS.
20.66.090 LANDSCAPING
REQUIREMENTS.
20.66.100 SIGN STANDARDS.
20.66.010 INTENT.
The intent of the neighborhood center core (NCC)
zone is to establish base threshold standards for the cen-
tral core of neighborhood centers that preserve future
opportunity for full realization of the centers concept.
The NCC designation assumes that future amendments
to the zoning code will more fully implement the centers
intent. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.66.020 PERMITTED USES.
Permitted uses include:
(a) Bed and breakfast;
(b) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(c) Community facility;
(d) Drinking place;
(e) Entertainment use;
(f) Finance insurance and real estate;
(g) General office and business service;
(h) General retail;
(i) Hotel and lodging place containing ten (10) or
fewer guest rooms;
(j) Medical office and clinic;
(k) Museum and gallery;
(l) Park, playground and open space;
(m) Personal service;
(n) Public administration;
(o) Transportation facility;
(p) Residential as a secondary use;
(q) Restaurant;
(r) Transportation facility;
(s) Veterinary clinic. (Ord. 5008 §14, 2007: Ord.
4950 §8 (Exh. A) (part), 2005)
20.66.050 PROHIBITED USES.
(a) Drive-through lanes. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.66.060 DEVELOPMENT STANDARDS.
(a) Front yard setback: no minimum front yard set-
back. The maximum front yard setback shall be ten (10)
feet. At least eighty (80) percent of the building’s front
facade shall meet the maximum front yard setback.
(b) Side yard setback: zero (0), except ten (10) feet
where abutting the low density residential (R-10) zone.
(c) Rear yard setback: zero (0), except ten (10) feet
where abutting the low density residential (R-10) zone.
(d) There is no maximum density for residential as
a secondary use.
(e) Maximum building coverage: sixty (60) per-
cent base maximum; provided, that through the use of
any combination of the following, building coverage
may be increased up to eighty-five (85) percent maxi-
mum.
(1) Projects containing mixed uses: twenty
(20) percent bonus.
(2) Projects within a two (2) or three (3) story
building: ten (10) percent bonus.
(3) Projects providing a pedestrian-oriented
plaza or area of at least one hundred fifty (150) square
feet along a pedestrian walkway at an intersection cor-
ner, bus stop or other key pedestrian area approved by
the city. Such areas shall contain seating for at least four
(4) people, a trash receptacle and three (3) or more of the
following: a pedestrian shelter, a drinking fountain, a
bike rack, pedestrian-scale lights, pavers on the walk-
way surfaces, a kiosk, a street vendor station providing
food or beverages, trees, a statue or sculpture, or a pub-
lic restroom. Interior courtyards with these amenities
qualify if they would be readily apparent and accessible
to pedestrians on adjoining sidewalks: ten (10) percent
bonus.
(4) Projects providing a through-block corri-
dor that facilitates pedestrian access in a location
approved by the city: five (5) percent bonus.
(5) Projects providing at least fifty (50) per-
cent of their required parking underground or within the
building: twenty (20) percent bonus.
(f) Maximum development coverage: maximum
coverage by impervious surfaces seventy-five (75) per-
cent; provided, that through the use of any combination
of the mechanisms listed in subsections (e)(1) through
(5) of this section, up to ninety-five (95) percent maxi-
mum development coverage may be allowed.
(g) Maximum building height: thirty-five (35)
feet. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.66.070 DESIGN STANDARDS.
(a) Building Design. The following guidelines
apply to mixed use and commercial structures only:
(1) To enhance the pedestrian environment,
commercial uses shall include large windows along any
ground floor facade facing the public sidewalk or side-
(Revised 1/08)20.66-2
20.66.080
walks providing circulation within a site. Windows shall
allow views into interior building spaces. At least sev-
enty-five (75) percent of all such facades, measured to
ten (10) feet above the sidewalk or surface grade, shall
be comprised of such windows.
(2) At least one (1) of the following amenities
shall be required along any ground floor facade facing
the public sidewalk: outdoor eating areas; street furni-
ture such as benches, bike racks and trash receptacles;
plantings in window boxes; public art; or public display
cases, kiosks, or boards.
(3) Building entrances shall be easily identifi-
able from the street and sidewalks. This may be accom-
plished by:
(i) Ornamentation and/or architectural
detailing around the door; and
(ii) One (1) or more of the following tech-
niques:
(A) Recessing the entrance area at
least three (3) feet.
(B) An entrance area that protrudes at
least three (3) feet.
(C) A canopy, portico or overhang
extending at least five (5) feet over the sidewalk in the
entrance area.
(4) Bulk. Building modulation shall be used
to reduce the appearance of mass and bulk of the struc-
ture. This can be achieved by utilizing any combination
of at least two (2) of the following;
(i) Setback of upper floors by at least ten
(10) feet. However, such setbacks shall not be applied to
more than fifty (50) percent of a facade facing a major
arterial.
(ii) Recessed or protruding doorways per
subsection (a)(3)(ii) of this section.
(iii) Overhangs, awnings, canopies, or
arcades between eight (8) and twelve (12) feet above the
sidewalk.
(iv) Window fenestration per subsection
(a)(1) of this section.
(5) Building Size. Structures shall not exceed
twenty thousand (20,000) square feet in ground floor
area.
(6) Blank Facades. Building facades shall not
present a blank facade to view from public rights-of-
way, common parking areas, or residential properties.
Such facades may be broken by windows, trellises, col-
umns, variations in plane, or other devices that add vari-
ation and interest to the facade.
(7) Structures at the intersection of two (2)
arterial streets shall include a significant architectural
feature at the building corner that provides visual
emphasis at the corner. This may be accomplished in
one or more of the following ways:
(i) The inclusion of a major entryway at
the corner. Such entryways must be marked by an
awning, recessed area, colonnade, or other architectural
feature that defines the entry.
(ii) The inclusion of a building element
the height of which varies from the remainder of the
building by at least ten (10) percent.
(iii) A plaza at the corner that includes a
fountain, artwork, or planting of at least ten (10) feet in
height.
(b) Site Design. In addition to other guidelines
provided in this chapter, site design shall meet the fol-
lowing requirements:
(1) Retail structures shall not be set back more
than ten (10) feet from the public right-of-way. In addi-
tion, retail structures shall be either mixed use structures
with residential or office uses above or be constructed so
as to allow future addition of at least one additional story
containing residential or office uses.
(2) Street trees shall be provided within the
front yard setback or in the sidewalk along any facade
facing a major arterial. Trees placed in the sidewalk
shall be provided with street grates at the sidewalk level
providing a continuous walking surface to within six (6)
inches of the tree base. Trees shall be spaced per Chap-
ter 20.50 BMC and be: of a species appropriate for loca-
tion near or in sidewalks; of a species allowing pruning
of lower branches in a manner necessary to keep the
sidewalk clear of obstruction to a height of at least six
(6) feet; and capable of attaining at least twenty (20) feet
in height at maturity. Trees shall not be less than two (2)
inch caliper at time of planting.
(3) Circulation. Clearly defined pedestrian
and vehicle circulation routes shall be provided such
that all portions of the site are linked.
(4) Storage. Outside storage of any kind is
prohibited with the exception of garbage cans and/or
dumpsters. Garbage cans and dumpsters shall be placed
in an enclosure as per BMC 20.46.120. No garbage
enclosure shall be permitted between a street and the
front of a building. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.66.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC and the following requirements:
(a) For nonresidential uses, the minimum parking
requirement is one (1) space per employee, plus one (1)
handicapped-accessible space;
(b) On-site parking for nonresidential uses shall
not exceed one (1) space per three hundred (300) square
feet of floor area;
20.70-1 (Revised 1/08)
Bremerton Municipal Code 20.70.060
Chapter 20.70
DISTRICT CENTER CORE (DCC)
Sections:
20.70.010 INTENT.
20.70.020 OUTRIGHT PERMITTED USES.
20.70.050 PROHIBITED USES.
20.70.060 DEVELOPMENT STANDARDS.
20.70.070 DESIGN STANDARDS.
20.70.080 PARKING REQUIREMENTS.
20.70.090 LANDSCAPING
REQUIREMENTS.
20.70.100 SIGN STANDARDS.
20.70.010 INTENT.
The intent of the district center core (DCC) zone is
to establish base threshold standards for district centers
that preserve future opportunity for full realization of
the centers concept. The DCC designation assumes that
future amendments to the zoning code will more fully
implement the centers intent. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.70.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Bed and breakfast;
(b) Co-location of wireless telecommunications
facility per BMC 20.46.140;
(c) Community facility;
(d) Day care facility;
(e) Drinking place;
(f) Entertainment use;
(g) Finance, insurance and real estate;
(h) General office and business services;
(i) General retail;
(j) Group residential facilities - Class I;
(k) Hotel and lodging place;
(l) Medical office and clinic;
(m) Motion picture theater;
(n) Museum and gallery;
(o) Nursing/convalescent home;
(p) Park, playground and open space;
(q) Personal services business;
(r) Physical fitness and health club;
(s) Public or private park, playground or open
space;
(t) Public administration;
(u) Residential as a secondary use;
(v) Restaurant;
(w) School and education;
(x) Senior housing complex;
(y) Transportation facility;
(z) Veterinary clinic. (Ord. 5008 §15, 2007: Ord.
4950 §8 (Exh. A) (part), 2005)
20.70.050 PROHIBITED USES.
(a) Drive-through lanes. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.70.060 DEVELOPMENT STANDARDS.
Lot development shall be in accordance with the
following unless allowed for otherwise by law:
(a) Front yard setback: no minimum front yard set-
back. The maximum front yard setback is ten (10) feet.
At least eighty (80) percent of a building’s front facade
shall meet the maximum front yard setback.
(b) Side yard setback: zero (0) from nonresidential
zones, and ten (10) feet from the low density residential
(R-10) zone.
(c) Rear yard setback: zero (0) from nonresidential
zones, and ten (10) feet from the low density residential
(R-10) zone.
(d) There is no maximum density for residential as
a secondary use.
(e) Maximum building coverage: sixty (60) per-
cent base maximum; provided, that through the use of
any combination of the following, building coverage
may be increased up to eighty-five (85) percent maxi-
mum:
(1) Projects containing mixed uses: ten (10)
percent bonus.
(2) Projects with a three (3) or four (4) story
building: ten (10) percent bonus.
(3) Projects providing a pedestrian-oriented
plaza or area of at least one hundred fifty (150) square
feet along a pedestrian walkway at an intersection cor-
ner, bus stop or other key pedestrian area approved by
the City. Such areas shall contain seating for at least four
(4) people, a trash receptacle and three (3) or more of the
following: a pedestrian shelter, a drinking fountain, a
bike rack, pedestrian-scale lights, pavers on the walk-
way surfaces, a kiosk, a street vendor station providing
food or beverages, trees, an appropriately sized statue or
sculpture, or a public restroom. Interior courtyards with
these amenities qualify if they would be readily apparent
and accessible to pedestrians on adjoining sidewalks:
twenty (20) percent bonus.
(4) Projects providing a through-block corri-
dor that facilitates pedestrian access in a location
approved by the City: five (5) percent bonus.
(5) Projects providing at least fifty (50) per-
cent of their required parking underground or within the
building: twenty (20) percent bonus.
(f) Maximum development coverage: maximum
development coverage by impervious surfaces, seventy-
five (75) percent; provided, that through the use of any
combination of the mechanisms listed in subsections
(Revised 1/08)20.70-2
20.70.070
(e)(1) through (5) of this section, up to ninety-five (95)
percent maximum development coverage may be
allowed.
(g) Maximum building height: fifty (50) feet.
(Ord. 5008 §16, 2007: Ord. 4950 §8 (Exh. A) (part),
2005)
20.70.070 DESIGN STANDARDS.
(a) Building Design.
(1) To enhance the pedestrian environment,
commercial uses shall include large windows along any
facade facing the public sidewalk or sidewalks provid-
ing circulation within a site. Windows shall allow views
into interior building spaces. At least seventy-five (75)
percent of all such facades, measured to ten (10) feet
above the sidewalk or surface grade, shall be comprised
of such windows.
(2) At least one (1) of the following amenities
shall be required along building facades facing the pub-
lic sidewalk: outdoor eating areas, street furniture such
as benches, bike racks and trash receptacles, and plant-
ings in window boxes.
(3) Building entrances shall be easily identifi-
able from the street and sidewalks. This may be accom-
plished by:
(i) Ornamentation and/or architectural
detailing around the door; and
(ii) One (1) or more of the following tech-
niques:
(A) Recessing the entrance area at
least three (3) feet;
(B) An entrance area that protrudes at
least three (3) feet;
(C) A canopy, portico or overhang
extending at least five (5) feet over the sidewalk in the
entrance area.
(4) Bulk. Building modulation shall be used
to reduce the appearance of mass and bulk of the struc-
ture. This can be achieved by utilizing any combination
of at least two (2) of the following:
(i) Setback of upper floors by at least ten
(10) feet. However, such setbacks shall not be applied to
more than fifty (50) percent of a facade facing a major
arterial.
(ii) Recessed or protruding doorways per
subsection (a)(3)(ii) of this section.
(iii) Overhangs, awnings, canopies, or
arcades between eight (8) and twelve (12) feet above the
sidewalk.
(iv) Window fenestration per subsection
(a)(1) of this section.
(5) Blank Facades. Building facades shall not
present a blank facade to view from public rights-of-
way, common parking areas, or residential properties.
Such facades may be broken by windows, trellises, col-
umns, variations in plane, or other devices that add vari-
ation and interest to the facade.
(6) Structures at the intersection of two (2)
arterial streets shall include a significant architectural
feature at the building corner that provides visual
emphasis at the corner. This may be accomplished in
one (1) or more of the following ways:
(i) The inclusion of a major entryway at
the corner. Such entryways must be marked by an
awning, recessed area, colonnade, or other architectural
feature that defines the entry.
(ii) The inclusion of a building element
the height of which varies from the remainder of the
building by at least ten (10) percent.
(iii) A plaza at the corner that includes a
fountain, artwork, or planting of at least ten (10) feet in
height.
(b) Site Design. In addition to other standards pro-
vided in this chapter, site design shall meet the follow-
ing requirements:
(1) No less than thirty (30) percent of the
frontage of a site along arterial streets, as measured in
lineal feet, shall be occupied by commercial structures
set back ten (10) feet or less from a public right-of-way.
In addition, such commercial structures shall be either
mixed use structures with residential or office uses
above or be constructed so as to allow future addition of
at least two (2) additional stories containing residential
or office uses.
(2) Street trees shall be provided within the
front yard setback or in the sidewalk along any facade
facing a major arterial. Trees placed in the sidewalk
shall be provided with street grates at the sidewalk level
providing a continuous walking surface to within six (6)
inches of the tree base. Trees shall be spaced per Chap-
ter 20.50 BMC and be: of a species appropriate for loca-
tion near or in sidewalks; of a species allowing pruning
of lower branches in a manner necessary to keep the
sidewalk clear of obstruction to a height of at least six
(6) feet; and capable of attaining at least twenty (20) feet
in height at maturity. Trees shall not be less than two (2)
inch caliper at time of planting.
(3) Circulation. Clearly defined pedestrian
and vehicle circulation routes shall be provided such
that all portions of the site are linked.
(4) Storage. Outside storage of any kind is
prohibited with the exception of garbage cans and/or
dumpsters. Garbage cans and dumpsters shall be placed
in an enclosure per BMC 20.46.120. No garbage enclo-
sure shall be permitted between a street and the front of
a building. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.70-3 (Revised 1/08)
Bremerton Municipal Code 20.70.100
20.70.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC and the following requirements:
(a) For nonresidential uses, the minimum parking
requirement is one (1) space per employee, plus one (1)
handicapped-accessible space.
(b) On-site parking for nonresidential uses shall
not exceed one (1) space per three hundred (300) square
feet of floor area.
(c) On-site parking shall be to the rear of buildings
facing the arterial street.
(d) Access to parking shall be provided from the
adjacent public facilities per the following priority:
(1) First, from an alley if available;
(2) If an alley is not available, from a nonarte-
rial street, if available;
(3) If neither an alley nor a nonarterial street
are available, from an arterial.
(e) Project applicants shall be required to demon-
strate to the satisfaction of the City that access design
has been considered with the preceding priorities. The
applicant shall demonstrate that the proposed access is
provided from the highest priority facility per the above
list.
(f) Driveways providing access to parking shall be
well marked.
(g) Reduction in number of required parking
spaces. The Director may reduce the number of required
parking spaces on a site by up to ten (10) when a
remodel, expansion, alteration, or change in the use or
tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures,
the reduction shall be applied to the entire site and not to
individual uses.
(2) When a use is nonconforming to the
required number of off-street parking spaces, it shall not
be allowed to reduce the number of existing spaces.
(Ord. 4950 §8 (Exh. A) (part), 2005)
20.70.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.70.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.74-1 (Revised 1/08)
Bremerton Municipal Code 20.74.070
Chapter 20.74
BUSINESS CORE (BC)
Sections:
20.74.010 INTENT.
20.74.020 OUTRIGHT PERMITTED USES.
20.74.060 DEVELOPMENT STANDARDS.
20.74.070 DESIGN STANDARDS.
20.74.080 PARKING REQUIREMENTS.
20.74.100 SIGN STANDARDS.
20.74.010 INTENT.
The intent of this zone is to offer well-integrated
employment, shopping and residential opportunities as
an integral part of the downtown regional center. Long-
term surface parking and other automobile-related uses
are discouraged. Pedestrian-oriented day and nighttime
activities are encouraged. Residential uses are highly
encouraged, particularly on upper floors and around the
periphery of the zone. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.74.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Accessory parking facility;
(b) Bed and breakfast;
(c) Co-location of wireless telecommunications
facility per BMC 20.46.140;
(d) Communication/broadcasting facility;
(e) Community facility;
(f) Day care facility;
(g) Detoxification center;
(h) Finance, insurance and real estate;
(i) General office and business services;
(j) General retail;
(k) Group residential facilities - Class I;
(l) Hotel and lodging place;
(m) Indoor automobile sales, service, repair, or car
wash;
(n) Indoor entertainment use;
(o) Indoor recreational facility;
(p) Medical office and clinic;
(q) Motion picture theater;
(r) Museum and gallery;
(s) Parking structure;
(t) Personal services business;
(u) Physical fitness and health club;
(v) Public or private park, playground or open
space;
(w) Public administration;
(x) Public facility;
(y) Residential use of all types;
(z) Restaurant and drinking place;
(aa) School and education use;
(bb)Social services facility;
(cc) Transportation facility;
(dd)Veterinary clinic;
(ee) Welfare and charitable services and facility;
(ff) Worship and religious facility. (Ord. 5008 §17,
2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.74.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards, unless allowed for
by law otherwise:
(a) There is no maximum density for residential
uses;
(b) Maximum height is pursuant to Figure
20.74(a);
(c) Maximum front yard setback is ten (10) feet.
At least eighty (80) percent of a building’s front facade
must meet the maximum front yard setback;
(d) There are no minimum requirements for build-
ing coverage, development coverage, lot size or lot
width;
(e) Minimum side yard setback: zero (0), except
ten (10) feet where abutting the low density residential
(R-10) zone;
(f) Minimum rear yard setback: zero (0), except
ten (10) feet where abutting the low density residential
(R-10) zone. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.74.070 DESIGN STANDARDS.
(a) Rooftop Screening. Either a high parapet or a
stepped or sloped roof form which is a part of the archi-
tecture of the building and is at least as high as the
equipment shall screen all rooftop mechanical equip-
ment.
(b) Landscaping. Landscaping shall be provided in
accordance with the following standards:
(1) Street trees shall be provided at no less
than three (3) trees per one hundred (100) linear feet of
lineal street frontage. Performance standards shall be
pursuant to Chapter 20.50 BMC.
(2) Surface parking areas, 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.
(c) Screening of Parking. The street-facing,
ground-level facades of parking garages shall be
designed to screen the view of parked cars. Where com-
mercial or residential space is not available to accom-
plish this, features such as planters, decorative grilles, or
works of art shall be used.
(Revised 1/08)20.74-2
20.74.080
(d) Building Facade. Any building 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. The first floor shall be considered the area of the
building facade approximately fifteen (15) feet in height
above the street grade.
(e) Distinctive Design. Buildings taller than four
(4) stories shall display a distinctive design for the top
of the building that can be achieved by various means,
including a change in materials, architectural detail,
color, or stepbacks at the top floor, a prominent project-
ing cornice, or a roof with a form such as a curve, slope,
or peak.
(f) Change of Use or Rehabilitation of Existing
Building. When an existing building or structure is
remodeled, improved or has a change in use or tenancy,
it shall be exempt from off-street parking and landscap-
ing requirements; provided, that:
(1) The structure is not enlarged, extended or
structurally altered outside the existing building enve-
lope in a manner that would require additional parking
pursuant to Chapter 20.48 BMC;
(2) Interior alterations within the envelope of
the building do not increase the existing net floor area by
more than twenty-five (25) percent; and
(3) Existing site improvements and/or the
building create such a restriction on the land that land-
scaping and parking cannot be reasonably accommo-
dated. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.74.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.74.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.75-1 (Revised 1/08)
Bremerton Municipal Code 20.75.060
Chapter 20.75
DOWNTOWN CORE
Sections:
20.75.010 INTENT.
20.75.020 OUTRIGHT PERMITTED USES.
20.75.050 PROHIBITED USES.
20.75.060 DEVELOPMENT STANDARDS.
20.75.065 AMENITIES FOR MAXIMUM
FLOOR AREA RATIO.
20.75.070 DESIGN STANDARDS.
20.75.080 PARKING REQUIREMENTS.
20.75.090 LANDSCAPING.
20.75.100 SIGN STANDARDS.
20.75.110 CHANGE OF USE OR
REHABILITATION OF
EXISTING BUILDING.
20.75.010 INTENT.
The intent of this zone is to focus commercial,
entertainment, cultural, civic uses and urban residential
into an intense, compact, walkable area served by public
transit. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.75.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Community facility;
(b) Drinking place;
(c) Education and school;
(d) Entertainment use;
(e) Finance, insurance and real estate;
(f) General retail;
(g) General office and business service;
(h) Hotel and lodging place;
(i) Medical office and clinic;
(j) Motion picture theater;
(k) Museum and gallery;
(l) Park, playgrounds and open space;
(m) Parking structure;
(n) Personal service business;
(o) Public administration;
(p) Restaurant;
(q) Residential uses of all types;
(r) Transportation facility;
(s) Veterinary clinic;
(t) Worship and religious facilities. (Ord. 5008
§18, 2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.75.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Light and heavy industrial/manufacturing
uses;
(b) Drive-through facility;
(c) Automobile sales, service, repair or car wash;
(d) Storage of equipment and materials;
(e) Adult entertainment;
(f) Work release facility;
(g) Commercial surface parking lot not serving a
permitted use. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.75.060 DEVELOPMENT STANDARDS.
(a) Development shall comply with the following
floor area ratio, which is the net floor area divided by the
lot area:
(1) The floor area ratio of all residential uses
shall not exceed two (2);
(2) The floor area ratio of all nonresidential
uses shall not exceed one (1);
(3) The floor area ratio of residential uses may
be increased to six (6) when an amenity is provided pur-
suant to BMC 20.75.065;
(4) The floor area ratio of nonresidential uses
may be increased to three (3) when an amenity is pro-
vided pursuant to BMC 20.75.065;
(5) All new development shall have a mini-
mum floor area ratio of one (1);
(6) For the purposes of this chapter, hotels
shall be considered residential uses;
(7) The floor area ratio for nonresidential uses
and residential uses within a given development are
individually calculated for each use and may be added
together for a combined maximum; provided, that the
maximum allowable floor area ratio for each use is not
exceeded. (Example: A project that includes special
amenities may have a total floor area ratio of six (6),
with two (2) in commercial use and four (4) in residen-
tial use.);
(8) For the purposes of this chapter, "net floor
area" is the amount of floor area within a building as
measured to the inside face of the exterior building
walls, excluding the following:
(i) Spaces below grade;
(ii) Space devoted to parking;
(iii) Mechanical spaces;
(iv) Elevator and stair shafts;
(v) Space used for retail uses or restau-
rants that front the sidewalk;
(vi) Space devoted to special amenities;
(vii)Exterior decks open to the air.
(b) Maximum building height is pursuant to Fig-
ure 20.74(a). For the purpose of this chapter, the maxi-
mum building height may exclude:
(1) Parapets;
(2) Mechanical penthouses and elevator over-
runs and machine rooms; and
(Revised 1/08)20.75-2
20.75.065
(3) Roof forms and decorative elements not
intended for occupancy. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.75.065 AMENITIES FOR MAXIMUM
FLOOR AREA RATIO.
A special amenity is required to be provided when-
ever a proposed development increases its floor area
ratio above the base and up to the maximum allowed
pursuant to BMC 20.75.060. The design of each feature
will be reviewed to ensure that it is appropriate for the
proposed location and provides for a public benefit. One
(1) of the following may meet the requirement for a spe-
cial amenity:
(a) Exterior public space that meets the following
design standards:
(1) The space is at least ten (10) percent of the
site area;
(2) Seating is provided at one (1) space for
each one hundred (100) square feet of area;
(3) Incorporates a variety of trees and other
plantings;
(4) Includes art or water features;
(5) Has solar exposure during the summer;
and
(6) Provides access and visibility from the
nearest public sidewalk.
(b) Public benefit consisting of at least one (1) of
the following:
(1) Meeting room(s) available to the public;
(2) Day care;
(3) Museum; or
(4) Performing arts theater.
(c) Work of art or water feature that meets the fol-
lowing requirements:
(1) The feature is located in an area that is vis-
ible to the public at all times;
(2) 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;
(3) A work of art consisting of an original, art-
ist-produced creation such as:
(i) Murals;
(ii) Sculptures;
(iii) Paintings;
(iv) Inlays;
(v) Friezes;
(vi) Mosaics; and/or
(vii)Tile work. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.75.070 DESIGN STANDARDS.
(a) Rooftop Screening. Either a high parapet or a
stepped or sloped roof form which is a part of the archi-
tecture of the building and is at least as high as the
equipment shall screen all rooftop mechanical equip-
ment. Fencing is not acceptable.
(b) Screening of Parking. The street-facing,
ground-level facades of parking garages shall be
designed to screen the view of parked cars. Where com-
mercial or residential space is not available to accom-
plish this, features such as planters, decorative grilles, or
works of art shall be used.
(c) Building Facade.
(1) Any building facade facing a public side-
walk 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. The
first floor shall be considered the area of the building
facade approximately fifteen (15) feet in height above
the street grade.
(2) 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.
(d) Distinctive Design. Buildings taller than four
(4) stories shall display a distinctive design for the top
of the building that can be achieved by various means
including a change in materials, architectural detail,
color, or stepbacks at the top floor, a prominent project-
ing cornice, or a roof with a form such as a curve, slope,
or peak.
(e) Primary Pedestrian Streets. All development
west of Washington Avenue that is located along First,
Second, Fourth, and Fifth Street, Burwell, Pacific and
Park Avenue shall additionally meet the following stan-
dards:
(1) Building facades shall abut the sidewalk,
except entrance areas may be recessed. Furthermore,
buildings may be set back to accommodate exterior pub-
lic spaces pursuant to BMC 20.75.065.
(2) At least fifty (50) percent of the linear,
sidewalk-level frontage of any structure shall consist of,
or be adaptable to, retail, restaurants, cultural or enter-
tainment uses, financial institutes, office, indoor public
spaces, or art galleries; and
(3) 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. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.75.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements
set forth in Chapter 20.48 BMC, the automobile off-
street parking spaces shall be provided in accordance
with the following standards:
(a) Nonresidential uses shall provide at least one
(1), but not more than four (4), off-street parking space
per one thousand (1,000) square feet of gross floor area.
20.75-3 (Revised 1/08)
Bremerton Municipal Code 20.75.110
(b) Residential uses shall provide at least one-half
(0.5) off-street parking space per one thousand (1,000)
square feet of gross floor area.
(c) The first three thousand (3,000) square feet of
gross ground floor retail area shall be exempt from off-
street parking requirements. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.75.090 LANDSCAPING.
For the purposes of this chapter, landscaping shall
be provided in accordance with the following standards:
(a) 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 (2.5) inches at the time of
planting.
(b) Surface parking lots, if they abut public side-
walks, shall provide a perimeter landscaping strip con-
taining a combination of trees (with no fewer than three
(3) trees per one hundred (100) linear feet of frontage)
and shrubs. Masonry walls no lower than fifteen (15)
inches nor higher than thirty (30) inches may be substi-
tuted for shrubs.
(c) 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 (2.5)
inches at the time of planting. Pedestrian walkways
from adjacent sidewalks shall be provided. (Ord. 4950
§8 (Exh. A) (part), 2005)
20.75.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.75.110 CHANGE OF USE OR
REHABILITATION OF EXISTING
BUILDING.
When an existing building or structure is remod-
eled, improved or a change in use or tenancy occurs, it
shall be exempt from off-street parking and landscaping
requirements; provided, that:
(a) The structure is not enlarged, extended or
structurally altered outside the existing building enve-
lope in a manner that would require additional parking
pursuant to BMC 20.48.020(c);
(b) Interior alterations to the envelope of the build-
ing do not increase the existing net floor area by more
than twenty-five (25) percent. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.76-1 (Revised 1/08)
Bremerton Municipal Code 20.76.060
Chapter 20.76
DOWNTOWN WATERFRONT
Sections:
20.76.010 INTENT.
20.76.020 OUTRIGHT PERMITTED USES.
20.76.050 PROHIBITED USES.
20.76.060 DEVELOPMENT STANDARDS.
20.76.065 AMENITIES FOR MAXIMUM
FLOOR AREA RATIO.
20.76.070 DESIGN STANDARDS.
20.76.080 PARKING REQUIREMENTS.
20.76.090 LANDSCAPING
REQUIREMENTS.
20.76.100 SIGN STANDARDS.
20.76.110 CHANGE OF USE OR
REHABILITATION OF
EXISTING BUILDING.
20.76.010 INTENT.
The intent of this zone is to provide for an array of
uses related to the water, multimodal transportation
facilities, view corridors, public access and residential.
(Ord. 4950 §8 (Exh. A) (part), 2005)
20.76.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Drinking places;
(b) General office and business services compris-
ing no more than twenty-five (25) percent of the total
gross floor area of a mixed use development;
(c) General retail, including marine retail;
(d) Hotels and lodging places;
(e) Parks, playgrounds and open spaces;
(f) Residential uses of all types;
(g) Restaurants;
(h) Structured parking with other permitted uses;
(i) Transportation facilities;
(j) Veterinary clinics. (Ord. 5008 §19, 2007: Ord.
4950 §8 (Exh. A) (part), 2005)
20.76.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Adult entertainment;
(b) Automobile sales, service, repair and car wash;
(c) Boat sales, storage and repair;
(d) Commercial surface parking lots not serving a
permitted use;
(e) Drive-through facilities and drive-through
lanes;
(f) Light and heavy industrial/manufacturing
uses;
(g) Stand-alone commercial parking not serving a
permitted use;
(h) Storage of equipment and materials;
(i) Work release facilities. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.76.060 DEVELOPMENT STANDARDS.
(a) Development shall comply with the following
floor area ratio, which is the net floor area divided by the
lot area:
(1) The floor area ratio of all residential uses
shall not exceed one (1);
(2) The floor area ratio of all nonresidential
uses shall not exceed one-half (0.5);
(3) The floor area ratio of residential uses may
be increased to two (2) when an amenity is provided
pursuant to BMC 20.76.065;
(4) The floor area ratio of nonresidential uses
may be increased to one (1) when an amenity is pro-
vided pursuant to BMC 20.76.065;
(5) For the purposes of this chapter, hotels
shall be considered residential uses;
(6) The floor area ratio for nonresidential uses
and residential uses within a given development are
individually calculated for each use and may be added
together for a combined maximum; provided, that the
maximum allowable floor area ratio for each use is not
exceeded. (Example: A project that includes special
amenities may have a total floor area ratio of six (6),
with two (2) in commercial use and four (4) in residen-
tial use.);
(7) For the purposes of this chapter, "net floor
area" is the amount of floor area within a building as
measured to the inside face of the exterior building
walls, excluding the following:
(i) Spaces below grade;
(ii) Space devoted to parking;
(iii) Mechanical spaces;
(iv) Elevator and stair shafts;
(v) Space used for retail uses or restau-
rants that front the sidewalk;
(vi) Space devoted to special amenities;
(vii)Exterior decks open to the air.
(b) Maximum building height is pursuant to Fig-
ure 20.74(a). For the purpose of this chapter, the maxi-
mum building height may exclude:
(1) Parapets;
(2) Mechanical penthouses and elevator over-
runs and machine rooms; and
(3) Roof forms and decorative elements not
intended for occupancy.
(c) View corridors shall be provided pursuant to
the requirements of the Shoreline Master Program.
(Ord. 4950 §8 (Exh. A) (part), 2005)
(Revised 1/08)20.76-2
20.76.065
20.76.065 AMENITIES FOR MAXIMUM
FLOOR AREA RATIO.
A special amenity is required to be provided when-
ever a proposed development increases its floor area
ratio above the base and up to the maximum allowed
pursuant to BMC 20.76.060. The design of each feature
will be reviewed to ensure that it is appropriate for the
proposed location and provides for a public benefit. One
of the following may meet the requirement for a special
amenity:
(a) Exterior public space that meets the following
design standards:
(1) The space is at least ten (10) percent of the
site area;
(2) Seating is provided at one (1) space for
each one hundred (100) square feet of area;
(3) Incorporates a variety of trees and other
plantings;
(4) Includes art or water features;
(5) Has solar exposure during the summer;
and
(6) Provides access and visibility from the
nearest public sidewalk.
(b) Public benefit consisting of at least one (1) of
the following:
(1) Meeting room(s) available to the public;
(2) Day care;
(3) Museum; or
(4) Performing arts theater.
(c) Work of art or water feature that meets the fol-
lowing requirements:
(1) The feature is located in an area that is vis-
ible to the public at all times;
(2) 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;
(3) A work of art consisting of an original, art-
ist-produced creation such as:
(i) Murals;
(ii) Sculptures;
(iii) Paintings;
(iv) Inlays;
(v) Friezes;
(vi) Mosaics; and/or
(vii)Tile work. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.76.070 DESIGN STANDARDS.
(a) Rooftop Screening. Either a high parapet or a
stepped or sloped roof form which is a part of the archi-
tecture of the building and is at least as high as the
equipment shall screen all rooftop mechanical equip-
ment. Fencing is not acceptable.
(b) Screening of Parking. The street-facing,
ground-level facades of parking garages shall be
designed to screen the view of parked cars. Where com-
mercial or residential space is not available to accom-
plish this, features such as planters, decorative grilles, or
works of art shall be used.
(c) Building Facade.
(1) Any building facade facing a public side-
walk 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. The
first floor shall be considered the area of the building
facade approximately fifteen (15) feet in height above
the street grade.
(2) 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.
(d) Distinctive Design. Buildings taller than four
(4) stories shall display a distinctive design for the top
of the building that can be achieved by various means
including a change in materials, architectural detail,
color, or stepbacks at the top floor, a prominent project-
ing cornice, or a roof with a form such as a curve, slope,
or peak.
(e) Primary Pedestrian Streets. All development
west of Washington Avenue that is located along First,
Second, Fourth, and Fifth Street, Burwell, Pacific and
Park Avenue shall additionally meet the following stan-
dards:
(1) Building facades shall abut the sidewalk,
except entrance areas may be recessed. Furthermore,
buildings may be set back to accommodate exterior pub-
lic spaces pursuant to BMC 20.76.065.
(2) At least fifty (50) percent of the linear,
sidewalk-level frontage of any structure shall consist of,
or be adaptable to, retail, restaurants, cultural or enter-
tainment uses, financial institutes, office, indoor public
spaces, or art galleries; and
(3) 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. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.76.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements
set forth in Chapter 20.48 BMC, the automobile off-
street parking spaces shall be provided in accordance to
the following standards:
(a) Nonresidential uses shall provide at least one
(1), but not more than three (3), off-street parking space
per one thousand (1,000) square feet of gross floor area.
(b) Residential uses shall provide at least one-half
(0.5) off-street parking space per one thousand (1,000)
square feet of gross floor area.
20.79-1 (Revised 1/08)
Bremerton Municipal Code 20.79.060
Chapter 20.79
MULTIPLE RESIDENTIAL (MR)
Sections:
20.79.010 INTENT.
20.79.020 OUTRIGHT PERMITTED USES.
20.79.030 ACCESSORY USES.
20.79.040 CONDITIONAL USES.
20.79.060 DEVELOPMENT STANDARDS.
20.79.080 PARKING REQUIREMENTS.
20.79.090 LANDSCAPING
REQUIREMENTS.
20.79.100 SIGN STANDARDS.
20.79.010 INTENT.
The intent of the multiple residential (MR) zone
district is to support the downtown regional center with
opportunities for high density residential use. Attached
multifamily units are encouraged to take advantage of
the unique views and nearby amenities such as shore-
lines, recreational opportunities, or access to ferries and
transit. There is an intentional reduction in parking
requirements and an increase in building coverage to
accommodate high density pedestrian-oriented develop-
ment in this most accessible of neighborhoods. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.79.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless telecommunications
per BMC 20.46.140;
(b) Residential Use. Residential uses include:
(1) Day care facility (twelve (12) or fewer
persons receiving care);
(2) Foster home;
(3) Class I group residential facility;
(4) Multi-unit dwelling units;
(5) Single-unit dwelling unit, attached (zero
(0) lot lines);
(6) Single-unit dwelling unit, detached;
(7) Townhouses. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.79.030 ACCESSORY USES.
Permitted accessory uses are those set forth in BMC
20.60.030 (low density residential (R-10) zone). (Ord.
4950 §8 (Exh. A) (part), 2005)
20.79.040 CONDITIONAL USES.
The following conditional uses shall be permitted
pursuant to BMC 20.58.020, provided the conditional
use complies with the corresponding standard as listed
in BMC 20.60.040 (low density residential (R-10)
zone):
(a) Bed and breakfast;
(b) Senior housing complex;
(c) Nursing/convalescent home;
(d) Day care facilities (more than twelve (12) per-
sons receiving care);
(e) Worship and religious facility;
(f) Schools, parks and associated facilities of the
types set forth in BMC 20.60.040(j). (Ord. 4950 §8
(Exh. A) (part), 2005)
20.79.060 DEVELOPMENT STANDARDS.
(a) Lot development requirements shall be in
accordance with the following standards unless allowed
for by law otherwise:
(1) Density.
(i) No maximum density;
(ii) Minimum: five (5) dwelling units per
acre;
(2) Setbacks.
(i) Minimum front yard setback: ten (10)
feet;
(ii) Minimum side yard setback: five (5)
feet;
(iii) Minimum rear yard setback: ten (10)
feet;
(iv) Zero (0) Lot Line Development. An
attached single-family dwelling and/or garage structure
may have a shared single side or rear lot line, and a set-
back reduced to zero (0), provided the structure com-
plies with building code fire separation requirements;
(3) Minimum lot area: three thousand (3,000)
square feet;
(4) Maximum height: height limit is pursuant
to Figure 20.74(a);
(5) Maximum building coverage: eighty (80)
percent.
(b) Accessory Structures. The following standards
shall apply but are not limited to: garages, carports,
shops, barns, covered patios, cabanas, gazebos, and
incidental household storage buildings, excluding
accessory dwelling units per BMC 20.46.010 and struc-
tures not requiring a building permit:
(1) The maximum area for all accessory struc-
tures shall be eighty (80) percent of the principal resi-
dential use not to exceed one thousand two hundred
(1,200) square feet.
(2) Setback of detached accessory structures
is pursuant to BMC 20.44.060.
(c) Garages, Storage Buildings, and Shops.
(1) Any garage, storage building or shop
structure shall be designed so that the appearance of the
(Revised 1/08)20.79-2
20.79.080
building remains that of a single-family residence
including the following:
(i) Constructed of similar materials as
the principal unit;
(ii) A roof of equal or greater pitch as the
principal unit;
(iii) A height no more than twenty-five
(25) percent greater than the principal unit not to exceed
thirty-five (35) feet.
(2) Any garage, storage building, or shop may
be exempt from the accessory structure size require-
ments provided it is contained within the principal unit.
(3) Garage, Carport and Shop Vehicle
Entrance Setbacks. When the vehicle entrance faces the
street, the garage, carport or shop shall have a front yard
setback of at least twenty (20) feet, except as provided
in BMC 20.44.020 (Traditional Front Yard Setbacks).
(Ord. 5008 §20, 2007: Ord. 4977 §12, 2006; Ord. 4950
§8 (Exh. A) (part), 2005)
20.79.080 PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance
with Chapter 20.48 BMC, except as follows:
(a) Minimum parking requirement: one (1) space
per unit;
(b) Access to parking shall be provided from the
adjacent public facilities per the following priority:
(1) First, from an alley, if available;
(2) If an alley is not available, from a nonarte-
rial street, if available;
(3) If neither an alley nor a nonarterial street
are available, from an arterial;
(c) The applicant shall demonstrate that the pro-
posed access is provided from the highest priority facil-
ity per the above list;
(d) Driveways providing access to parking shall be
well marked;
(e) Reduction in number of required parking
spaces. The Director may reduce the number of required
parking spaces on a site by up to ten (10) when a
remodel, expansion, alteration, or change in the use or
tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures,
the reduction shall be applied to the entire site and not to
individual uses;
(2) When a use is nonconforming to the
required number of off-street parking spaces, it shall not
be allowed to reduce the number of existing spaces.
(Ord. 4950 §8 (Exh. A) (part), 2005)
20.79.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.79.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.80-1 (Revised 1/08)
Bremerton Municipal Code 20.80.060
Chapter 20.80
MASTER DEVELOPMENT (MD)
Sections:
20.80.010 INTENT.
20.80.020 APPLICABILITY.
20.80.030 ESTABLISHMENT OF A
MASTER DEVELOPMENT
ZONE.
20.80.035 MASTER DEVELOPMENT
ZONE BASE STANDARDS.
20.80.040 SUBAREA PLAN REQUIRED.
20.80.050 MASTER DEVELOPMENT
ZONE PERMITTED USES.
20.80.060 GUIDELINES FOR
DEVELOPMENT STANDARDS.
20.80.070 MASTER DEVELOPMENT
ZONE APPLICATION.
20.80.080 SUBAREA PLANS.
20.80.010 INTENT.
The intent of the master development (MD) zone is
to provide large-scale planned development by public
entities or through public-private partnerships which
provide a clear community benefit. These areas are
envisioned for innovative development meeting unique
community needs. Sites shall employ subarea planning
efforts that address compatibility with surrounding uses
and consistency with the Comprehensive Plan. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.80.020 APPLICABILITY.
The provisions of this chapter shall be applied to
lands located within public sector redevelopment site
(PSRS), employment center (EC), district center (DC),
neighborhood center (NC), or downtown regional center
Comprehensive Plan designations. (Ord. 5025 §2, 2007:
Ord. 4950 §8 (Exh. A) (part), 2005)
20.80.030 ESTABLISHMENT OF A MASTER
DEVELOPMENT ZONE.
A master development zone shall be in effect when
the following steps are completed:
(a) Subarea planning efforts are completed pursu-
ant to BMC 20.80.040;
(b) An ordinance is adopted approving a subarea
plan identified in BMC 20.80.080 and establishing asso-
ciated development standards and regulations for the
subject subarea plan district. A text amendment to BMC
20.80.080 should be made to reference the applicable
ordinance to the subarea plan district;
(c) A site-specific rezone to the master develop-
ment classification is approved pursuant to BMC
20.58.040. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.80.035 MASTER DEVELOPMENT ZONE
BASE STANDARDS.
If a master development zone has been established
on the official zoning map, all requirements of Chapter
20.60 BMC, Low Density Residential (R-10), shall be in
effect until the following steps are completed:
(a) Subarea planning efforts are completed pursu-
ant to BMC 20.80.040;
(b) An ordinance is adopted approving the subarea
plan identified in BMC 20.80.080 and establishing asso-
ciated development standards and regulations for the
subject subarea plan district. A text amendment to BMC
20.80.080 shall be made to reference the applicable
ordinance to the subarea plan district. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.80.040 SUBAREA PLAN REQUIRED.
(a) Approval of a subarea plan is required prior to
approval of a master development zoning district. A
subarea plan is an amendment to the Comprehensive
Plan and is processed pursuant to Chapter 20.10 BMC.
(b) In developing a subarea plan for the purpose of
this chapter, the following shall apply:
(1) The Director shall determine the number
of neighborhood meetings based on the scope of the pro-
posal and the community’s interest.
(2) The applicant shall be responsible for
scheduling and facilitating the neighborhood meetings.
City staff should participate in the meetings, taking
notes and helping to address the public’s concerns.
(3) Notification of the time and location of the
meetings shall be posted on the property. The Director
shall determine the specifications to the construction
and installation of the notice boards. Additionally, if the
Director determines it appropriate, mailed notice may
be required to be sent to nearby property owners,
affected state and local agencies and neighborhood
organizations. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.80.050 MASTER DEVELOPMENT ZONE
PERMITTED USES.
Specific uses shall be determined through the sub-
area planning process. Potential uses may include, but
are not limited to, commercial, office, and various resi-
dential types. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.80.060 GUIDELINES FOR
DEVELOPMENT STANDARDS.
Development standards such as setbacks, lot cover-
age, height and density shall be developed through the
subarea planning process and implemented through the
(Revised 1/08)20.80-2
20.80.070
adoption of the master development zone. The follow-
ing guidelines establish the parameters from which
development standards are derived:
(a) Consistency with the Comprehensive Plan’s
community character goals and policies;
(b) Provide open space that protects environmen-
tally sensitive areas;
(c) Development at the edge of the site that is
designed with densities and uses which are compatible
with nearby neighborhoods and uses;
(d) Well-designed streetscapes that incorporate
context-sensitive design, including amenities such as
street trees, planting strips, sidewalks, sidewalk
benches, street lamps and other design features that
make the streets more interactive, walkable, and enjoy-
able;
(e) Parking requirements shall be pursuant to
Chapter 20.48 BMC. However, modifications to the off-
street parking requirements may be allowed through the
approval of a master development zone. If there is a pro-
posed reduction of ten (10) percent or more to the num-
ber of off-street parking spaces required by Chapter
20.48 BMC, a parking study is required to demonstrate
that there is no impact on adjacent properties to the site;
(f) Landscaping requirements shall be pursuant to
Chapter 20.50 BMC. However, modifications to the
landscaping requirements may be allowed through the
approval of a master development zone. Landscaping
shall incorporate street trees, planter strips and other
passive and active green spaces. Significant trees shall
be identified on the site plan and may be required to be
preserved;
(g) Signage is allowed pursuant to the following:
(1) Signs for residential uses shall be pursuant
to Chapter 20.52 BMC for residential zones;
(2) Signs for all other uses shall meet the stan-
dards of Chapter 20.52 BMC for commercial zones,
except freestanding signs shall be limited to monument-
style signs that do not exceed six (6) feet in height and
forty-eight (48) square feet in area. (Ord. 4950 §8 (Exh.
A) (part), 2005)
20.80.070 MASTER DEVELOPMENT ZONE
APPLICATION.
In addition to other application requirements, appli-
cations for a subarea plan and a master development
zone designation shall include the following informa-
tion:
(a) Vicinity Map. Showing the subject site in rela-
tion to all other properties within a three hundred (300)
foot radius;
(b) Site Plan. Containing the following informa-
tion:
(1) General configuration of lots, building
areas, number of stories and specific uses to be allowed;
(2) Proposed configuration and design of
parking areas, streets, sidewalks, and driveways;
(3) Proposed walkways, bikeways, open
space, recreational areas, and other areas and facilities
of a public or recreational nature;
(4) Proposed landscaping, buffers, parks, rec-
reation areas, open space and similar features;
(c) Narrative. A written explanation of the pro-
posal with, at a minimum, the following information
shall be provided (when appropriate, this information
may be shown on the site plan):
(1) Major project components including spe-
cific area uses to be allowed, residential densities, com-
mercial or site and floor areas, public and private rights-
of-way, and off-street parking;
(2) Design and development standards to be
applied to the project, including architectural treatment,
maximum heights, setbacks, landscaping, drainage, util-
ities, parking, signage, and any others;
(3) Elevations and/or perspective drawings of
proposed structures and other major improvements
being proposed;
(4) The specific nature of any agreements,
covenants, or other provisions that govern or affect the
proposal;
(5) Required mitigation measures, develop-
ment conditions, and other requirements of project
approval.
(d) Other Information. The City may request addi-
tional information found to be necessary for evaluating
the proposal to be included with the application. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.80.080 SUBAREA PLANS.
The following are subarea planning areas where
subarea plans and unique development regulations may
be created for each:
(a) Westpark subarea plan (adopted by Ordinance
No. 4998);
(b) East Park subarea plan (adopted by Ordinance
No. 4962);
(c) Wheaton-Riddell subarea plan (adopted by
Ordinance No. 5025);
(d) Austin Drive subarea plan;
(e) Harrison employment center;
(f) Northwest corporate campus employment cen-
ter;
(g) Port Blakely employment center.
Those subarea planning areas listed above having
adopted subarea plans are identified with the corre-
sponding adopting ordinance number. This ordinance
will contain the unique regulations and standards that
guide development for that subarea planning area. Sub-
sequent amendments to adopted subarea plans need not
20.80-3 (Revised 1/08)
Bremerton Municipal Code 20.80.080
be identified in this section by the amending ordinance
number. (Ord. 5025 §3, 2007: Ord. 4998 §2, 2007: Ord.
4962 §3, 2006: Ord. 4950 §8 (Exh. A) (part), 2005)
20.84-1 (Revised 1/08)
Bremerton Municipal Code 20.84.090
Chapter 20.84
LIMITED COMMERCIAL ZONE (LC)
Sections:
20.84.010 INTENT.
20.84.020 OUTRIGHT PERMITTED USES.
20.84.060 DEVELOPMENT STANDARDS.
20.84.070 DESIGN STANDARDS.
20.84.080 PARKING REQUIREMENTS.
20.84.090 LANDSCAPING
REQUIREMENTS.
20.84.100 SIGN STANDARDS.
20.84.010 INTENT.
The intent of the limited commercial (LC) zone is
to recognize the community’s existing general commer-
cial districts outside the designated boundaries of cen-
ters on lots zoned general business (GB) in the City, or
an equivalent designation in the county, on December 1,
2004. The LC zone is not intended to be expanded or
applied to new properties or areas of the City. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.84.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Automobile service and repair, and car wash;
(b) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(c) Day care facility, all;
(d) Drive-through facility;
(e) Finance, insurance and real estate;
(f) Gas stations at the intersection of arterial road-
ways;
(g) General office and business services;
(h) General retail;
(i) Hotel and lodging places, motels, and inns;
(j) Personal services;
(k) Public administration;
(l) Recycling collection station;
(m) Residential as a secondary use;
(n) Restaurant drinking place;
(o) Veterinary clinic. (Ord. 5008 §21, 2007: Ord.
4950 §8 (Exh. A) (part), 2005)
20.84.060 DEVELOPMENT STANDARDS.
(a) Maximum front yard setback: ten (10) feet. At
least seventy-five (75) percent of a building’s front
facade must meet the maximum front yard setback.
(b) Minimum side yard setback: zero (0) except
ten (10) feet from residential zones and the upper level
setback requirements contained in BMC 20.84.070.
(c) Minimum rear yard setback: zero (0) except
ten (10) feet from residential zones and the requirements
contained in BMC 20.84.070.
(d) Maximum building size: nonresidential uses
may not exceed fifteen thousand (15,000) gross square
feet at ground level.
(e) No maximum building coverage, provided all
setbacks and landscaping standards are met.
(f) No maximum development coverage, provided
all setbacks and landscaping standards are met.
(g) Maximum building height: fifty (50) feet.
(h) Maximum building heights within the down-
town regional center are pursuant to Figure 20.74(a),
and shall supersede subsection (g) of this section. (Ord.
4977 §14, 2006: Ord. 4950 §8 (Exh. A) (part), 2005)
20.84.070 DESIGN STANDARDS.
(a) Bulk Reduction. At any side or rear lot line
adjacent to a residential zone, portions of buildings
above thirty (30) feet in height shall be set back one (1)
foot in addition to the standard setback per BMC
20.84.060 for each additional foot of height. (Ord. 4950
§8 (Exh. A) (part), 2005)
20.84.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.84.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC and the following requirements:
(a) Where a commercial use in the limited com-
mercial zone is adjacent to a residentially zoned lot,
including across an alley from a residentially zoned lot,
a landscape buffer meeting the following standards shall
be provided:
(1) A solid, view-obscuring wall or fence at
least six (6) feet in height;
(2) Measures taken to ensure quality in the
visual character of the wall or fence on the side facing
the residential lot. Measures may include any combina-
tion of the following:
(i) Refined materials or textures such as
brick or stone;
(ii) A landscaped strip at least five (5)
feet in depth. Where a wall is placed within the land-
scaped strip, the depth of the wall shall be included in
the measurement of the depth of the landscaped strip;
(3) A landscaped strip at least five (5) feet in
depth;
(4) Gaps for vehicular circulation from the
alley not exceeding fourteen (14) feet in width. (Ord.
4950 §8 (Exh. A) (part), 2005)
(Revised 1/08)20.84-2
20.84.100
20.84.100 SIGN STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.90-1 (Revised 1/08)
Bremerton Municipal Code 20.90.060
Chapter 20.90
INDUSTRIAL PARK (IP)
Sections:
20.90.010 INTENT.
20.90.020 OUTRIGHT PERMITTED USES.
20.90.040 CONDITIONAL USES.
20.90.060 DEVELOPMENT STANDARDS.
20.90.070 DESIGN STANDARDS.
20.90.080 PARKING REQUIREMENTS.
20.90.090 LANDSCAPING
REQUIREMENTS.
20.90.100 SIGNS STANDARDS.
20.90.010 INTENT.
The intent of the industrial park (IP) zone is to pro-
vide an environment for and conducive to a broad range
of existing and future light industrial, office and large
retail uses. The industrial park (IP) zone ensures a well
planned complex with attention to landscaping and
architectural features. Site design in the industrial park
(IP) zone ensures compatibility with neighboring less
intense uses, and provides a high-quality environment
for the conduct of business. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.90.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Automobile service and repair;
(b) Car wash;
(c) Community facility;
(d) Day care facility;
(e) Drive-through facility;
(f) Entertainment uses;
(g) Finance, insurance and real estate;
(h) Gas station;
(i) General and large retail;
(j) General office and business services;
(k) Kennel;
(l) Light industrial/manufacturing;
(m) Medical office;
(n) Nursery and greenhouse;
(o) Outdoor athletic field and sports complex;
(p) Outdoor storage;
(q) Physical fitness and health club;
(r) Public administration;
(s) Recycling collection station;
(t) Restaurant;
(u) Schools and education uses;
(v) Transportation facility;
(w) Veterinary clinic;
(x) Warehousing;
(y) Wireless telecommunications facility per
BMC 20.46.140;
(z) Worship and religious facility. (Ord. 5008 §22,
2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.90.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Heavy industrial/manufacturing, provided:
(1) The applicant can demonstrate that the use
will not significantly detract from the visual character as
seen from public rights-of-way or any adjacent lot.
Unkempt or unsightly storage, refuse, yard, or equip-
ment areas are elements with potential to negatively
impact visual character;
(2) No odor, dust or smoke byproduct will be
clearly detectable on any abutting commercial or resi-
dential lot;
(3) All standards of the noise levels ordi-
nance, Chapter 6.32 BMC, are met;
(4) No unshielded light or glare will be visible
during periods of darkness in a residential zone. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.90.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards unless allowed for
by law otherwise:
(a) Minimum front yard setback: fifteen (15) feet,
except twenty (20) feet from residentially zoned lots
including residentially zoned lots across a public right-
of-way from the IP zone.
(b) Minimum side yard setback: ten (10) feet,
except twenty (20) feet from residentially zoned lots
including residentially zoned lots across a public right-
of-way from the IP zone.
(c) Minimum rear yard setback: ten (10) feet,
except twenty (20) feet from residentially zoned lots
including residentially zoned lots across a public right-
of-way from the IP zone.
(d) Maximum building height: fifty (50) feet; pro-
vided, that where abutting a residential zone, structures
shall be set back one (1) additional foot for each addi-
tional foot of height above thirty-five (35) feet.
(e) Maximum building coverage: eighty-five (85)
percent, provided all setbacks and landscape require-
ments are met.
(f) Maximum development coverage: eighty-five
(85) percent, provided all setbacks and landscape
requirements are met. (Ord. 4950 §8 (Exh. A) (part),
2005)
(Revised 1/08)20.90-2
20.90.070
20.90.070 DESIGN STANDARDS.
Development in the industrial park zone shall meet
the following standards:
(a) Outdoor storage areas shall be screened from
all adjacent property lines with one (1) of the following
types:
(1) A solid view-obscuring fence or wall at
least eight (8) feet in height;
(2) A densely planted, view-obscuring ever-
green shrub or hedge at least eight (8) feet in height, and
thirty (30) inches in depth;
(b) Outdoor storage of materials exceeding fifteen
(15) feet in height shall not be located within thirty-five
(35) feet of any property line.
(c) Drive-through facilities and drive-through
lanes shall be accessed from the rear of a site and run
along an interior lot line or building elevation. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.90.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.90.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC, or as otherwise modified by the following
requirements:
(a) For each twenty (20) parking stalls, a land-
scaped area equal to one (1) parking stall shall be pro-
vided;
(b) For each twenty (20) parking stalls, one (1) tree
shall be installed within a landscaped area. Such trees
shall meet the minimum plant material sizes as set forth
in Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.90.100 SIGNS STANDARDS.
Signs shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.92-1 (Revised 1/08)
Bremerton Municipal Code 20.92.060
Chapter 20.92
EMPLOYMENT CENTER (EC)
Sections:
20.92.010 INTENT.
20.92.020 OUTRIGHT PERMITTED USES.
20.92.040 CONDITIONAL USES.
20.92.060 DEVELOPMENT STANDARDS.
20.92.070 DESIGN STANDARDS.
20.92.080 PARKING REQUIREMENTS.
20.92.090 LANDSCAPING
REQUIREMENTS.
20.92.100 SIGN STANDARDS.
20.92.010 INTENT.
The intent of the employment center (EC) zone is to
offer a well planned and designed environment where a
potentially large employee population is offered the
option to live near places of employment. The EC zone
provides for integration of employment activities with
housing and commercial activities scaled to serve the
employee population at the center, thereby reducing
home-to-workplace commute trips. Employment cen-
ters create large numbers of jobs in uses to include office
and services. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.92.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless telecommunications
facilities per BMC 20.46.140;
(b) Community use facility;
(c) Day care facility, all;
(d) General office and business services;
(e) Finance, insurance and real estate (no drive-
through facilities);
(f) General retail (no drive-through facilities);
(g) Hotels and lodging places;
(h) Medical offices;
(i) Outdoor athletic fields;
(j) Park playgrounds and open space, and parks;
(k) Personal service business;
(l) Physical fitness and health clubs;
(m) Public administration;
(n) Residential uses of the following types:
(1) Group residential facility - Class I;
(2) Multi-unit structure;
(3) Nursing convalescent home;
(4) Senior housing complex;
(5) Single unit structure, attached or detached;
(6) Townhouse;
(o) Restaurants and drinking places (no drive-
through facilities);
(p) Schools and education uses;
(q) Transportation facility;
(r) Veterinary clinic;
(s) Worship and religious facility. (Ord. 5008 §23,
2007: Ord. 4950 §8 (Exh. A) (part), 2005)
20.92.040 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit is approved pursuant to BMC
20.58.020:
(a) Light industrial/manufacturing, provided:
(1) No odor, dust or smoke byproduct will be
clearly detectable on any abutting commercial or resi-
dential lot;
(2) All standards of the noise levels ordi-
nance, Chapter 6.32 BMC, are met;
(3) No unshielded light or glare will be visible
during periods of darkness on adjacent commercial or
residential lots;
(4) The applicant can demonstrate that the use
will not significantly detract from the visual character as
seen from public rights-of-way or any adjacent lot.
Unkempt or unsightly storage, refuse, yard, or equip-
ment and mechanical areas are elements with potential
to negatively impact visual character. (Ord. 4950 §8
(Exh. A) (part), 2005)
20.92.060 DEVELOPMENT STANDARDS.
Development shall be in accordance with the fol-
lowing standards:
(a) Minimum density for residential uses: fifteen
(15) dwelling units/acre;
(b) Minimum side yard setback: zero (0), except
where abutting the low density residential (R-10) zone,
the minimum setback shall be twenty (20) feet, plus an
additional setback of one (1) foot for each foot of height
above thirty-five (35) feet;
(c) Minimum rear yard setback: zero (0), except
where abutting the low density residential (R-10) zone,
the minimum setback shall be twenty (20) feet, plus an
additional setback of one (1) foot for each foot of height
above thirty-five (35) feet;
(d) Minimum front yard setback requirements:
zero (0), except that for residential uses with garages
facing a public right-of-way, the garage shall have a set-
back five (5) feet greater than that of the principal struc-
ture;
(e) Maximum building coverage: sixty-five (65)
percent base maximum; provided, that through the use
of any combination of the following, building coverage
may be increased to a maximum of eighty-five (85) per-
cent:
(1) Projects with two or more stories: ten (10)
percent bonus;
(2) Projects containing mixed uses: ten (10)
percent bonus;
(Revised 1/08)20.92-2
20.92.070
(3) Projects incorporating at least fifty (50)
percent of required parking underground or within the
structure: twenty (20) percent bonus;
(f) No maximum development coverage, provided
all setbacks and landscaping requirements are met;
(g) Maximum Building Height. Eighty (80) feet
for residential uses and sixty (60) feet for nonresidential
uses. For mixed uses, the building height will be based
on the use that predominately (fifty (50) percent or
greater) occupies the structure. (Ord. 4971 §18, 2006;
Ord. 4950 §8 (Exh. A) (part), 2005)
20.92.070 DESIGN STANDARDS.
(a) Blank Facades. The horizontal dimension of
any structure facing the perimeter of the site along a
public right-of-way shall provide one (1) of the follow-
ing visual treatments for a width of twenty (20) feet at
intervals not to exceed one hundred (100) feet:
(1) An offset with a minimum depth of five
(5) feet;
(2) A facade material, texture or color that is
visually different and distinct from that of the base
material, texture or color;
(b) Structures containing general retail uses, res-
taurant uses, drinking place uses, or personal service
business uses shall have the following features:
(1) Large windows along any facade facing
the public sidewalk or a sidewalk providing circulation
within the site. At least sixty-five (65) percent of all
such facades measured to ten (10) feet above sidewalk
or surface grade shall be comprised of such windows.
(2) Either a clearly identifiable entrance that
is recessed or protruding at least three (3) feet, or a can-
opy or overhang extending at least five (5) feet over the
sidewalk in the entrance area. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.92.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48
BMC except as modified by the following:
(a) Required parking for a nonresidential use may
be reduced by twenty (20) percent if the project is within
one thousand three hundred (1,300) feet of designated
transit-oriented development;
(b) Parking for residential uses shall not exceed
two (2) spaces per residential unit;
(c) For each twenty (20) parking stalls, a land-
scaped area equal to one (1) parking stall shall be pro-
vided; and
(d) For each twenty (20) parking stalls, one (1) tree
shall be installed within a landscaped area. Such trees
shall meet the minimum plant material sizes as set forth
in Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.92.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter
20.50 BMC and the following requirements.
(a) Where a side or rear lot line of a nonresidential
use is adjacent to a residential zone, screening with the
following characteristics shall be provided:
(1) A solid, view-obscuring wall or fence at
least six (6) feet in height;
(2) Measures taken to ensure quality in the
visual character of the wall or fence on the side facing
the residential lot. Measures may include any combina-
tion of the following:
(i) Refined materials or textures such as
brick or stone;
(ii) A landscaped strip at least five (5)
feet in depth. Where a wall is placed within the land-
scaped strip, the depth of the wall shall be included in
the measurement of the depth of the landscaped strip;
(3) A landscaped strip at least five (5) feet in
depth. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.92.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52
BMC. For freestanding signs, the maximum size and
height standards of Figure 20.52(a) shall apply. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.94-1 (Revised 1/08)
Bremerton Municipal Code 20.94.090
Chapter 20.94
INDUSTRIAL (I)
Sections:
20.94.010 INTENT.
20.94.020 OUTRIGHT PERMITTED USES.
20.94.030 CONDITIONAL USES.
20.94.060 DEVELOPMENT STANDARDS.
20.94.080 PARKING REQUIREMENTS.
20.94.090 LANDSCAPING
REQUIREMENTS.
20.94.100 SIGN STANDARDS.
20.94.010 INTENT.
The intent of the industrial (I) zone is to accommo-
date light and heavy industrial uses in locations where
there is limited interaction with residential uses. Uses
include large-scale and/or heavy industries in a manner
that reduces impact to the community while meeting
industry’s needs for easy access, large sites, and loca-
tions that do not cause conflicts with residential and
other less intense use areas. (Ord. 4950 §8 (Exh. A)
(part), 2005)
20.94.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Automobile service and repair;
(b) Car wash;
(c) Drive-through facility;
(d) Gas station;
(e) General office and business services over five
thousand (5,000) gross square feet;
(f) Heavy industrial/manufacturing;
(g) Kennel;
(h) Light industrial/manufacturing;
(i) Nursery and greenhouse;
(j) Outdoor storage;
(k) Public administration;
(l) Recycling collection station;
(m) Outdoor athletic fields;
(n) Stadiums and sports complex;
(o) Transportation facility;
(p) Veterinary clinic;
(q) Warehousing;
(r) Wireless telecommunications facilities per
BMC 20.46.140. (Ord. 5008 §24, 2007: Ord. 4950 §8
(Exh. A) (part), 2005)
20.94.030 CONDITIONAL USES.
The following uses may be permitted, provided a
conditional use permit pursuant to BMC 20.58.020 is
approved:
(a) Junk yard, provided:
(1) The use is not adjacent to a residentially
zoned lot;
(2) A view-obscuring screen consisting of a
solid wall or dense evergreen shrub to a height of ten
(10) feet is provided along all lot lines.
(b) Adult business as defined in BMC 20.46.110.
(c) Group residential facility - Class II, provided
the facility will not create an operational conflict with
the efficiency of large-scale industrial uses. (Ord. 4950
§8 (Exh. A) (part), 2005)
20.94.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accor-
dance with the following standards unless otherwise
allowed by law:
(a) Minimum front yard setback: ten (10) feet,
except twenty (20) feet where abutting or across a public
right-of-way from a residential zone;
(b) Minimum side yard setback: zero (0) except
twenty (20) feet where abutting a residential zone;
(c) Minimum rear yard setback: zero (0) except
twenty (20) feet where abutting a residential zone;
(d) No maximum building coverage, provided all
setbacks and landscaping standards are met;
(e) No maximum development coverage, provided
all setbacks and landscaping standards are met;
(f) Maximum building height: fifty (50) feet for
structures intended for human occupancy, and no height
limit for unoccupied structures such as cranes, antennas,
and mechanical apparatuses employed in industry, pro-
vided setback requirements are met;
(g) Where abutting a residential zone, structures
shall be set back one (1) additional foot for each addi-
tional foot of height above thirty-five (35) feet. (Ord.
4950 §8 (Exh. A) (part), 2005)
20.94.080 PARKING REQUIREMENTS.
Off-street parking shall be provided in accordance
with Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part),
2005)
20.94.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided per the requirements
set forth in Chapter 20.50 BMC, or as otherwise modi-
fied in this section.
(a) Where a heavy industrial/manufacturing use is
abutting a residentially zoned lot, including across an
alley or public right-of-way from a residentially zoned
lot, a landscape buffer consisting of the following fea-
tures shall be provided:
(1) A solid, view-obscuring wall or fence at
least eight (8) feet in height;
(2) A landscaped strip installed and main-
tained by the industrial use, at least five (5) feet in depth
(Revised 1/08)20.94-2
20.94.100
adjacent to the solid wall on the side facing the residen-
tial zone. (Ord. 4950 §8 (Exh. A) (part), 2005)
20.94.100 SIGN STANDARDS.
Signs shall meet the requirements set forth in Chap-
ter 20.52 BMC. For freestanding signs, the maximum
size and height standards of Figure 20.52(a) shall apply.
(Ord. 4950 §8 (Exh. A) (part), 2005)
Tables-1 (Revised 1/08)
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 (Repealed by 4965)
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 (20.10)
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 (Repealed by 4950)
4861 Amends § 21.02.330, off-premises signs (Repealed by 4950)
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 (Repealed by 4934, 4975)
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 (Repealed by
5004)
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)
Number Subject
(Revised 1/08)Tables-2
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)
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 (Repealed by 4950)
4887 Amends § 21.02.152, zoning (Repealed by 4950)
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 Number not used
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 (Repealed by 4950)
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 (Repealed by 4950)
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)
4905 Amends § 9A.48.030, criminal impersonation (9A.48)
4906 Amends Ch. 3.01 and §§ 17.04.040 and 21.02.230, fence height and fees (3.01, 17.04)
4907 Street vacation (Special)
4908 Amends Ch. 3.01, rates and fees (3.01)
4909 Amends §§ 15.01.020, 15.01.030, 15.01.070, 15.01.090, 15.06.015, 15.06.020 and 15.06.015(a) Appen-
dix A, municipal utilities (15.01, 15.06)
4910 Amends 2004 budget (Special)
4911 Amends §§ 2.18.020 and 2.18.040, audit committee and city auditor (2.18)
4912 Street vacation (Special)
4913 Street vacation (Special)
4914 Adds § 21.22.320; amends title to Ch. 21.22 and §§ 21.22.300, 21.22.310, critical areas (Repealed by
4965)
4915 Adds Ch. 10.13; amends §§ 6.32.010(f) and 13.04.100, motorized wheeled transportation devices (6.32,
10.13, 13.04)
4916 2005 tax levy (Special)
4917 2005 comprehensive plan (Special)
4918 Amends § 3.50.050, utility taxes (3.50)
4919 Amends Ch. 3.01, rates and fees (3.01)
4920 LTGO bond/Kitsap regional conference center (Special)
4921 Adopts 2005 budget (Special)
4922 Annexation (Special)
Number Subject
Tables-3 (Revised 1/08)
4923 Number not used
4924 Adds § 3.48.076; amends §§ 3.48.030, 3.48.050 and 3.48.090, business and occupation taxes (3.48)
4925 Amends 2004 budget (Special)
4926 KCCHA public development authority (Special)
4927 Amends § 10.13.110, motorized wheeled transportation devices (10.13)
4928 Amends Ch. 2.02, §§ 2.14.010 and 2.14.030, city council and investment committee (2.02, 2.14)
4929 Number not used
4930 Amends § 9A.44.100, pedestrian interference (9A.44)
4931 Adds § 3.08.040, claims fund (3.08)
4932 Adds Chs. 20.40, 20.42, 20.44, 20.46, 20.60, 20.62 and 20.62, zoning (Repealed by 4950)
4933 Cascade natural gas franchise (Special)
4934 Repeals and replaces Ch. 2.76, procurement and disposal code; repeals Ch. 2.79 (2.76)
4935 ULID No. 2002-01 final assessment (Special)
4936 Adds Ch. 2.32 [2.34], Gold Mountain Golf Complex board of directors (2.34)
4937 Adds Chs. 20.66 and 20.70, zoning (Repealed by 4950)
4938 Adds Ch. 20.02, project permits; repeals §§ 21.02.400, 21.02.410, 21.02.420, 21.02.450, 21.02.830(f),
21.02.840, 21.02.845, 21.02.850, 21.02.855, 21.02.865, 21.02.870, 21.02.875, 21.02.885, 21.02.890,
21.02.895, 21.02.935, and Figures 840, 895(a) and 895(b) of the Appendix to Ch. 21.02 (20.02)
4939 Adds Ch. 2.82, naming of parks and public facilities (2.82)
4940 Adds Chs. 2.32 and 3.12, arts commission and one percent for arts fund (2.32, 3.12)
4941 Adds Chs. 20.78, 20.80, 20.82, 20.84, 20.86 and 20.88 (Repealed by 4950)
4942 Amends Title 21 Appendix Figures 130 and 140, zoning (Repealed by 4950)
4943 Amends § 21.02.670, off-street parking space exemptions (Repealed by 4950)
4944 Water and sewer revenue bond (Special)
4945 General obligation bond (Special)
4946 Adds Chs. 20.18, 20.48, 20.50, 20.52, 20.54, 20.58, 20.74, 20.75, 20.76, 20.79, 20.90, 20.92, 20.94,
20.96, 20.97 and 20.98 (Repealed by 4950)
4947 Amends 2005 budget (Special)
4948 Street vacation (Special)
4949 Amends Title 7, animals (7.04, 7.05, 7.08, 7.10, 7.12, 7.14, 7.15, 7.16)
4950 Adds Chs. 20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62, 20.64,
20.66, 20.70, 20.74, 20.75, 20.76, 20.78, 20.79, 20.80, 20.82, 20.84, 20.86, 20.88, 20.90, 20.92, 20.94,
20.96, 20.97 and 20.98, land use; renames Title 20; recodifies Chs. 20.04 as 20.12, 21.04 as 20.16,
21.06 as 20.10, 21.12 as 20.04 and 21.22 as 20.14; repeals and replaces zoning map; repeals Ords. 4194,
4222, 4236, 4285, 4293, 4325, 4546, 4557, 4567, 4591, 4592, 4664, 4680, 4713, 4723, 4768, 4774, §§ 6
– 9 of 4778, 4788, 4795, 4796, §§ 11 – 61 of 4798, 4799, 4804, 4806, 4817, 4821, 4828, 4860, 4861,
4886, 4887, 4899, § 1 of 4906, 4932, 4937, 4941, 4942, 4943 and 4946, the zoning portion of § 1
(20.04, 20.10, 20.16, 20.18, 20.40, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52, 20.54, 20.58, 20.60, 20.62,
20.64, 20.66, 20.70, 20.74, 20.75, 20.76, 20.78, 20.79, 20.80, 20.82, 20.84, 20.86, 20.88, 20.90, 20.92,
20.94, 20.96, 20.97, 20.98)
4951 Number not used
4952 Amends §§ 7.04.020, 7.15.010 and 13.04.050, dog parks (7.04, 7.15, 13.04)
4953 2006 tax levy (Special)
4954 Amends comprehensive plan (Special)
4955 Amends Ch. 3.01, rates and fees (3.01)
4956 Amends § 15.06.015, Appendix A (15.06)
4957 Recodifies Ch. 2.32 to Ch. 2.34, Gold Mountain Golf Complex board of directors (2.34)
4958 Adds § 18.02.170; amends §§ 15.02.090, 18.02.080; recodifies §§ 18.02.170 to 18.02.180 and
18.02.180 to 18.02.190, automatic sprinkler systems (15.02, 18.02)
4959 Adopts 2006 budget (Special)
Number Subject
(Revised 1/08)Tables-4
4960 Amends 2005 budget (Special)
4961 Amends § 15.06.015, Appendix A (15.06)
4962 Amends § 20.80.080, subarea plans (20.80)
4963 Amends § 2.16.020, fire chief (2.16)
4964 Repeals and replaces Ch. 1.06; amends Ch. 3.01, Rate Table A, public records (1.06, 3.01)
4965 Amends §§ 17.60.070, 17.60.250, 17.60.300, 17.60.310, 17.60.320, Table 040 of Ch. 20.02; repeals and
replaces Ch. 20.14, critical areas (17.60, 20.02, 20.14)
4966 Amends §§ 2.05.010, 2.06.010, 2.06.030, Chs. 2.09 and 2.92; repeals Ch. 2.22, city departments (2.05,
2.06, 2.09, 2.92)
4967 NWCC development agreement termination (Special)
4968 Adds Ch. 3.78, multifamily property tax exemption; amends Ch. 3.01, Rate Table C (3.01, 3.78)
4969 Repeals Ch. 2.11, traffic safety commission (Repealer)
4970 Amends §§ 2.13.070, 2.13.080, 2.13.110, 2.13.150 and Ch. 3.01, Rate Table C, administrative hearing
examiner (2.13, 3.01)
4971 Amends Table 040 of Ch. 20.02, § 20.10.030, Ch. 20.42, §§ 20.44.060, 20.44.090, 20.46.070,
20.46.080(b)(8), 20.46.120(a), 20.48.260, 20.50.050(l), 20.52.130, 20.54.070(b), 20.60.040(j),
20.60.065, 20.60.100 and 20.92.060(g), zoning (20.02, 20.10, 20.42, 20.44, 20.46, 20.48, 20.50, 20.52,
20.54, 20.60, 20.92)
4972 Amends § 20.60.065(f), low density residential (R-10) (20.60)
4973 Amends Ch. 9.48, fireworks (9.48)
4974 Street vacation (Special)
4975 Adds § 2.76.160; amends §§ 2.76.010, 2.76.040 and 2.76.080, procurement and disposal code; repeals
Ords. 4475, 4492, 4562, 4610, 4682, 4702, 4737 and 4868 (2.76)
4976 Amends shoreline master program (Not codified)
4977 Adds definition to Ch. 20.40 [20.42]; amends §§ 6.32.010(c), 20.02.090, 20.04.210(a) and 20.50.030(a),
Figure 20.52(a), §§ 20.58.060(f), 20.60.020, 20.60.040, 20.64.060(a), 20.79.060(a), 20.82.060 and
20.84.060, land use (6.32, 20.02, 20.04, 20.42, 20.50, 20.52, 20.58, 20.60, 20.64, 20.79, 20.82, 20.84)
4978 Street vacation (Special)
4979 Amends 2006 budget (Special)
4980 Amends Ch. 3.01, Rate Table C and Ch. 20.02, Table 040; repeals and replaces Ch. 20.12, land division
(3.01, 20.02, 20.12)
4981 Adds Ch. 2.36 and § 20.02.085, design review board; amends Ch. 20.02, Table 040 (2.36, 20.02)
4982 Amends § 2.09.060, department of financial services (2.09)
4983 Amends Ch. 2.09 and § 2.10.030, departments of financial services and public works and utilities (2.09,
2.10)
4984 Amends §§ 2.50.030, 2.50.031, 2.50.032 and 2.50.070, management and professional staff compensa-
tion program (2.50)
4985 Amends comprehensive plan (Special)
4986 Rezone (Special)
4987 2007 tax levy (Special)
4988 Amends §§ 3.48.030, 3.48.050, 3.48.090 and 3.50.050(f), business and occupation and utility taxes
(3.48, 3.50)
4989 Amends Ch. 3.01 Rate Tables E, F and G, rates and fees (3.01)
4990 Amends § 15.06.015, Appendix A, assessments, rates, fees and charges (15.06)
4991 Adopts 2007 budget (Special)
4992 Adopts 2005 water system plan update; repeals Ord. 4755 (Special)
4993 Amends 2006 budget (Special)
4994 Amends Ch. 20.10, comprehensive plan amendments (20.10)
4995 Amends § 2.46.100, employee recognition (2.46)
4996 Amends and restates 457(b) deferred compensation plan (Not codified)
Number Subject
Tables-5 (Revised 1/08)
4997 Annexation (Special)
4998 Amends § 20.80.080, subarea plans, and comprehensive plan (20.80)
4999 Rezone (Special)
5000 Amends §§ 6.04.020, 6.04.040 and 7.05.010, garbage and refuse, livestock (6.04, 7.05)
5001 Adds Ch. 2.36 [2.38]; amends Ch. 3.64; repeals Res. Nos. 2666 and 2772, lodging tax (2.38, 3.64)
5002 Annexation (Defeated by voter referendum)
5003 Amends § 2.09.020 and Ch. 2.30, civil service (2.09, 2.30)
5004 Repeals and replaces Ch. 2.74, travel authorization and expense reimbursement (2.74)
5005 Amends §§ 10.12.030(a) and 13.04.140; repeals § 13.04.090, parks (10.12, 13.04)
5006 Adds § 9A.12.020, alcoholic beverages in public places (9A.12)
5007 Amends § 2.92.040, insurance programs (2.92)
5008 Adds and amends definitions in Ch. 20.40 [20.42]; amends §§ 17.04.040, 20.46.010, 20.46.020,
20.50.050, 20.60.060, 20.60.065, 20.60.100, 20.62.020, 20.62.060, 20.64.020, 20.64.060, 20.66.020,
20.70.020, 20.70.060, 20.74.020, 20.75.020, 20.76.020, 20.79.060, 20.84.020, 20.90.020, 20.92.020
and 20.94.020, zoning (17.04, 20.42, 20.46, 20.50, 20.60, 20.62, 20.64, 20.66, 20.70, 20.74, 20.75,
20.76, 20.79, 20.84, 20.90, 20.92, 20.94)
5009 Adds Ch. 15.05; amends § 15.03.210, fats, oils and grease (15.03, 15.05)
5010 (Tabled)
5011 Water and sewer revenue bond (Special)
5012 Cable franchise (Special)
5013 Alley vacation (Special)
5014 Street vacation (Special)
5015 Amends Rate Table C of Ch. 3.01 and §§ 17.04.020 and 17.04.030; repeals and replaces § 17.04.110;
repeals §§ 17.04.050, 17.04.060, 17.04.070, and 17.04.120 and Ch. 17.56, building codes (3.01, 17.04)
5016 Amends Ch. 18.02, fire code (18.02)
5017 Amends Ch. 9.48, fireworks (9.48)
5018 Adds Ch. 10.42, automated traffic safety cameras (10.42)
5019 Approves reimbursement agreement (Special)
5020 Adds § 17.60.325; amends §§ 17.60.050, 17.60.070, 17.60.240, 17.60.310, 17.60.320 and 17.60.330,
floodplain management (17.60)
5021 Amends Ch. 3.36, contingency reserve fund (3.36)
5022 Amends 2007 budget (Special)
5023 Amends §§ 11.02.040, 11.02.090, 11.02.110, 11.02.190, 11.02.200, 11.02.210, 11.02.220 and
11.02.260, right-of-way use (11.02)
5024 Amends Ch. 2.14, investment committee (2.14)
5025 Amends §§ 20.80.020 and 20.80.080, zoning (20.80)
5026 Amends § 15.01.020(i), Appendix A of § 15.06.015, and § 15.06.050, utilities (15.01, 15.06)
5027 2008 tax levy (Special)
5028 Amends Chs. 3.48 and 3.86, business and occupation tax, administrative provisions (3.48, 3.86)
5029 Amends § 2.06.040, city attorney (2.06)
5030 Amends Appendix A of § 15.06.015, utility assessments, rates, fees and charges (15.06)
5031 Amends § 3.01.060 and Rate Tables A, E, F and G of Ch. 3.01, rates and fees (3.01)
5032 Adopts 2008 budget (Special)