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HomeMy WebLinkAbout13 bremerton0111_supp13SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 13 – January 2011 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 5134, passed December 15, 2010. The online version of the code is updated more frequently than the print version. Reference the disclaimer on the following webpage to determine whether the online code is more current than the print version: http://www.codepublishing.com/WA/bremerton/ Remove these pages Insert these pages Title 2 2.09-1 – 2.09-2 .......................................... 2.09-1 – 2.09-2 2.10-1 ....................................................................... 2.10-1 2.18-1 – 2.18-3 .......................................... 2.18-1 – 2.18-3 Title 3 3.01-1 – 3.01-2 ........................................................ 3.01-1 3.01-A1 – 3.01-A2 .......................................................... — 3.01-B1 ........................................................................... — 3.01-C1 – 3.01-C7 .......................................................... — 3.01-D1 ........................................................................... — 3.01-E1 – 3.01-E2 ........................................................... — 3.01-F1 – 3.01-F12 ......................................................... — 3.01-G1 ........................................................................... — 3.68-1 ....................................................................... 3.68-1 3.72-1 – 3.72-2 ....................................... 3.72-1 – 3.72-2.1 Title 7 Table of Contents .................................. Table of Contents 7.04-1 – 7.04-2 .......................................... 7.04-1 – 7.04-2 — ............................................................... 7.06-1 – 7.06-2 7.15-1 – 7.15-2 .......................................... 7.15-1 – 7.15-2 7.16-1 ....................................................................... 7.16-1 Title 10 Table of Contents .................................. Table of Contents 10.10-1 – 10.10-4 .................................. 10.10-1 – 10.10-5 10.11-1 – 10.11-3 .................................. 10.11-1 – 10.11-3 10.12-1 ................................................................... 10.12-1 Title 15 15.06-1 – 15.06-2 .................................. 15.06-1 – 15.06-2 15.06-5 – 15.06-6 ............................... 15.06-5 – 15.06-6.1 15.06-A1 – 15.06-A8 ...................................................... — (Revised 1/11) Updated by: _______ Dated: ____________ Remove these pages Insert these pages Title 17 17.04-1 – 17.04-4 ................................... 17.04-1 – 17.04-4 17.60-3 – 17.60-4 ................................... 17.60-3 – 17.60-4 Title 18 18.02-1 – 18.02-19 ............................... 18.02-1 – 18.02-20 Title 20 20.40-3 – 20.40-5 ................................... 20.40-3 – 20.40-5 20.48-1 – 20.48-4 ................................... 20.48-1 – 20.48-4 20.60-1 – 20.60-4.2 ............................. 20.60-1 – 20.60-4.1 20.78-1 ................................................................... 20.78-1 20.79-1 ................................................................... 20.79-1 Tables 1 – 7 ........................................................................... 1 – 8 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 1/11) 2.09-1 (Revised 1/11) Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES Sections: 2.09.010 DEPARTMENT CREATED. 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. 2.09.030 FINANCE DIVISION CREATED - DUTIES. 2.09.040 OFFICE OF THE CITY CLERK CREATED - DUTIES. 2.09.050 OFFICE OF HUMAN RESOURCES CREATED - DUTIES. 2.09.060 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. 2.09.070 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) Information Technology; 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. 5128 §1 (part), 2010: Ord. 5075 §3, 2009: 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, Information Technol- ogy 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 divi- sion managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, sub- ject to the approval of the Mayor, on the basis of profes- sional 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 with- out cause at any time with no notice or hearing unless otherwise provided pursuant to an applicable rule or reg- ulation, the City Charter, ordinance, or terms and condi- tions as approved by the City Council. (Ord. 5128 §1 (part), 2010: Ord. 5075 §4, 2009: 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. (Revised 1/11)2.09-2 (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and pur- chasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all City funds. The Finance Officer shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. (Ord. 5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004) 2.09.040 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. 5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004. Formerly 2.09.050) 2.09.050 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. 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. 5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4982 §1, 2006: Ord. 4966 §5 (part), 2006. Formerly 2.09.060) 2.09.060 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. There is hereby created the Information Technol- ogy Division for the purpose of performing all informa- tion technology operations of the City. The division shall be managed by the Information Technology Man- ager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Tech- nology Division with the responsibility to provide tech- nological leadership in systems planning, implementation and support programs. (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall per- form such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. (Ord. 5128 §1 (part), 2010) 2.09.070 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. 5128 §1 (part), 2010: Ord. 4983 §1 (part), 2006: Ord. 4966 §5 (part), 2006: Ord. 4900 §2, 2004. Formerly 2.09.080) 2.10-1 (Revised 1/11) Chapter 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES Sections: 2.10.010 DEPARTMENT CREATED. 2.10.020 DIRECTOR OF PUBLIC WORKS - POSITION CREATED AND APPOINTMENT. 2.10.030 DUTIES. 2.10.010 DEPARTMENT CREATED. There is hereby created the Department of Public Works and Utilities. The department shall be supervised by the Director of Public Works and Utilities who shall serve as its director, who shall have complete charge of all of the work of the department, and who shall be responsible for hiring and supervising employees of the department. (Ord. 4810, Amended, 09/14/2002) 2.10.020 DIRECTOR OF PUBLIC WORKS - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Director of Public Works and Utilities. The Director of Public Works and Utilities 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. (Ord. 4810, Amended, 09/14/2002) 2.10.030 DUTIES. The Director of Public Works shall provide for the operation, maintenance and administration of engineer- ing, streets and public works, capital projects, facilities, equipment services, and municipal utilities owned or acquired by the City including, but not limited to, the following: (a) Establish and maintain centralized public works and utilities including business operations, cus- tomer service and billing, capital projects management, property management and facilities maintenance. (b) Manage public works and utilities engineering projects, including field surveys, grant applications, financing, drawings and specifications, permitting, inspections, construction project and contract manage- ment and records management. (c) Manage public works field operations includ- ing construction and maintenance of streets, electronic communications equipment, traffic signs and signals and street lighting programs. (d) Manage utility operations including construc- tion and maintenance work on sanitary, storm, and water distribution and collection infrastructure and systems, meter reading, installation and repair services and the First Response customer service program. (e) Manage all aspects of water sources, quality, treatment and compliance with applicable regulations, including operation and maintenance of water delivery systems, storage and supply resources. (f) Manage wastewater pretreatment, treatment, sanitary systems maintenance and operations. (g) Manage watershed operations including forest management and wastewater solids programs. (h) Manage all aspects of fleet maintenance and equipment services. The Director of Public Works shall perform such other duties as the City Council or Mayor may direct or as may be required by law. (Ord. 5128 §2, 2010: Ord. 4983 §2, 2006: Ord. 4810, Amended, 09/14/2002) 2.18-1 (Revised 1/11) Chapter 2.18 AUDIT COMMITTEE AND CITY AUDITOR Sections: 2.18.010 PURPOSE. 2.18.015 SCOPE OF WORK. 2.18.020 MEMBERSHIP. 2.18.030 TERM. 2.18.040 VOTING AND CONFLICT OF INTEREST. 2.18.050 MEETINGS. 2.18.060 REPORTING. 2.18.070 CONFIDENTIALITY. 2.18.080 REMOVAL. 2.18.090 PROCEDURES. 2.18.010 PURPOSE. The purpose of the Audit Committee, as provided in the Charter of the City of Bremerton, Article III, Section 18, shall be to assure elected City officials and manage- ment that the internal auditing of the municipality and its departments, programs and activities is performed in accordance with standards for the practice of internal auditing and with professional standards of conduct. “Internal Auditing is an independent, objective assur- ance and consulting activity designed to add value and improve an organization’s operations. It helps an orga- nization accomplish its objectives by bringing a system- atic disciplined approach to evaluate and improve the effectiveness of risk management, control, and gover- nance processes” as defined by the institute of Internal Auditors. To this end, the Committee will: (a) Conduct annual appraisals of the City Audi- tor’s performance as to effectiveness and efficiency; including a comparison of planned and actual audits; (b) Review and approve the internal audit work schedule and planned budget for the coming year; (c) Review results of external and internal audits, prior to release of internal audit reports, with specific attention to: (1) Restrictions; (2) Cooperation received; (3) Audit findings; (4) Audit recommendations; (d) Review and approve appropriate special audit requests; (e) Review and recommend revisions to policies relating to unethical and illegal procedures; (f) Ensure the City Auditor’s independence of management; (g) Meet regularly with the City Auditor; (h) Help to assure that management is exercising due professional care. (Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999) 2.18.015 SCOPE OF WORK. The three (3) fundamental characteristics of inter- nal auditing function include (1) risk assessment and control, (2) operations: effectiveness, efficiency, and improvement, and (3) compliance with laws regula- tions, and contracts. The scope of internal auditing will include but not be limited to: (a) Assurance Services - traditional audits, investi- gations and testing, performance evaluation, limited assurance. (b) Consulting and operations improvement ser- vices - Business process reviews, internal control educa- tion and other training as requested and approved by Audit Committee, and self-assessments reviews. (c) Ethics Compliance reviews per Chapter 2.96 BMC and compliance with all applicable Federal, State and local laws and regulations. (d) Serve as a liaison between external auditors to assure audit coordination. (Ord. 4779, Added, 11/26/2001) 2.18.020 MEMBERSHIP. (a) There shall be an Auditing Committee consist- ing of two (2) Council members and an independent Certified Public Accountant to be designated by Coun- cil, and two (2) Bremerton residents selected by the des- ignated members of the Audit Committee. The City Council may designate, by majority vote, one (1) alter- nate member to serve in the absence of either or both of the appointed Council Members. (b) The Audit Committee shall appoint the City Auditor to serve at the pleasure of the Audit Committee. The City Auditor shall only be removed by the majority vote of the entire membership of the Committee sitting as a whole. (c) In order to foster continuity, during the first meeting in January, the Committee shall elect one (1) of its members as Chairperson and one (1) as Vice Chair- person to serve a term of one (1) year. The Chairperson, or in his or her absence the Vice Chairperson, will con- duct the order of business at meetings, coordinate com- munications of the committee, approve the Auditor’s payroll and expenses, and perform all other duties as specified by the Committee. (Ord. 4911 §1, 2004; Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999) 2.18.030 TERM. Audit Committee members shall serve terms as fol- lows: (Revised 1/11)2.18-2 (a) The two (2) Bremerton residents selected by the other members of the Audit Committee shall serve three (3) year terms. The first two (2) appointments shall be made as follows: one (1) currently sitting resident (Citizen Position #1) shall expire on December 31, 2000; and the second currently sitting resident (Citizen Position #2) shall expire on December 31, 2001. At the expiration anniversary date of each term, a resident appointee shall be appointed for a three (3) year term thereafter. Residents may be appointed to an unlimited number of terms. (b) The Council members appointed by the Coun- cil shall serve for a term up to the unexpired term of their current elected office, and may be re-appointed during successive terms of elected office. (c) The independent Certified Public Accountant selected by Council shall serve a three (3) year term, which shall expire on December 31, 2002, and may be re-appointed for an unlimited number of terms. The City Auditor shall be a permanent ex officio member of the Audit Committee. In the event that any member does not serve a full term, either by resignation or removal, a replacement shall be selected by the original appointing authority to serve the remainder of the term. (Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999) 2.18.040 VOTING AND CONFLICT OF INTEREST. (a) Decisions of the Committee shall be by major- ity vote of the members in attendance except that if a tie vote occurs the City Auditor may cast a tie-breaking vote. A Committee member may abstain from voting at will or may be requested by Committee consensus to abstain from voting on issues that are sensitive to that member’s area of control or influence. (b) When a department which is directly repre- sented by an Audit Committee member is the subject of a particular audit, that member of the Committee will be excluded from participating in that portion of the Audit Committee agenda affecting that department and will also be prohibited from being present during any Audit Committee discussion of that audit, whether it concerns the interim report, scope or final release of a report. (c) There shall be no voting by proxy except that any member who will be absent may prepare a written statement of position to the Chairperson in advance of any meeting to be read to the members present during that meeting. (Ord. 4911 §2, 2004; Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999) 2.18.050 MEETINGS. The Audit Committee shall meet on the second Thursday of each month. Audit Committee meetings shall commence at 4:00 p.m. in the City Council Confer- ence Room. In the event the regularly scheduled meet- ing falls on a holiday, the Audit Committee shall meet on the third Thursday of the month. By majority vote, and upon notice to the public, a different time or date or place of a regularly scheduled meeting may be desig- nated by the Committee. (Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999) 2.18.060 REPORTING. The Audit Committee shall issue periodic reports to the City Council and Mayor and will advise City Coun- cil and Mayor at any time and on any issue that the Com- mittee deems essential for the effective performance of duties and decisions by them; provided, that: (a) The Committee and the parties will comply with Chapter 42.17 RCW (Public Disclosure Laws). (b) The Committee shall present to the Council and the Mayor, on a yearly basis, the City Auditor’s summary of audits performed, reported upon, and responded to by management. The City Auditor shall report administratively and functionally to the Audit Committee. In carrying out duties and responsibilities, the City Auditor shall have full, free and unrestricted access to all City activities, records, property and personnel. The City Auditor will advise the Audit Committee, at regular meetings and upon request, of the audit work anticipated, scheduled and/or performed. To this end: (a) The City Auditor shall prepare projected schedules for each quarter with the proposed objective and scope of audit work for each audit, for Committee review and approval. (b) The City Auditor may discuss audit objectives with the Audit Committee and relevant management before the start date of an audit and as needed. (c) The City Auditor may discuss audit findings with the appropriate management during the course of an audit and with the Committee as deemed necessary. However, the Audit Committee reserves the privilege of reviewing draft reports before such reports are issued and routed; provided, that the review privilege shall not exceed five days from report completion. (d) A final draft of each audit report will be for- warded to the director or elected official of that depart- ment for review and comment before it is released. A copy will also be provided to the Mayor. The depart- ment must respond in writing specifying either agree- ment with the audit findings and recommendations or reasons for disagreement with findings and/or recom- mendations, plans for implementing solutions to identi- fied problems and a timetable to complete such activities. The response must be forwarded to the Audi- tor within twenty (20) working days unless an extension is granted by the Auditor. The Auditor will include the full text of the department and director/elected official’s response in the report. 2.18-3 (Revised 1/11) (e) A copy of each final report will be provided to the Mayor, City Council, Director of Financial Services, responsible department head, and others as directed by the Audit Committee. A public copy will be maintained in the City Clerk’s office. (f) Upon official submittal to the Council, the report and response will no longer be exempt from pub- lic disclosure. (g) The City Auditor will ensure adequate and appropriate responses to audit findings through periodic follow-up reports to the City Council. (Ord. 5125 §1, 2010: Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999) 2.18.070 CONFIDENTIALITY. All employees and the auditee involved in an inves- tigation by the City Auditor are subject to strict confi- dentiality. In order to protect the integrity of the Internal Audit function, members of the Audit Committee will be held to a strict standard of confidentiality. Strict confidential- ity will be maintained for any communication between the City Auditor and Committee members or between individual Committee members, regardless of whether the communication is generated during an Audit Com- mittee meeting. It is further understood that the City Auditor is to retain all confidences obtained from managers during performance of an audit. The City Auditor will commu- nicate confidences obtained during an audit at the time a report is presented to the Audit Committee if such information is significant to the report conclusions and findings, or if it is relevant and necessary to a request of the Committee to change the scope of an audit or to dis- continue a particular audit. Confidences, which relate to illegal activities, shall be immediately communicated to the City Attorney and/or State Auditor. (Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999) 2.18.080 REMOVAL. The Audit Committee may request the removal of a member by majority vote of the entire membership of the Committee sitting as a whole, to the appointing authority of that member. (Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999) 2.18.090 PROCEDURES. The Audit Committee and the City Auditor may adopt such policies, procedures, and directives as are necessary to fulfill the purposes of their functions. Pro- posed policies, procedures and directives shall be pre- sented to the Audit Committee during a meeting open to the public, and may be approved upon a majority vote of the Audit Committee. Copies shall be maintained in the City Council Office. (Ord. 4779, Amended, 11/26/2001; Ord. 4681, Added, 12/31/1999) 3.01-1 (Revised 1/11) Chapter 3.01 RATES AND FEES Sections: 3.01.010 RATES AND FEES ESTABLISHED. 3.01.010 RATES AND FEES ESTABLISHED. Rates and fees for services relating to the Depart- ment of Financial Services, Municipal Court, Depart- ment of Community Development, Police Department, Fire Department, Parks and Recreation Department, Department of Public Works and Utilities, Bremerton Kitsap Access Television (BKAT) and other related ser- vices are established by resolution or ordinance and are on file with the City Clerk and may be posted or linked on the City of Bremerton’s website.* (Ord. 5130 §1, 2010) * Code reviser’s note: The link to the Rates and Fees page of the City website is: http://www.ci.bremerton.wa.us/display.php?id=1136. The link to the Rates and Fees Table is: http://www.ci.bremerton.wa.us/forms/city/RatesFees.pdf. 3.68-1 (Revised 1/11) Chapter 3.68 EQUIPMENT RENTAL RESERVE FUND Sections: 3.68.010 CREATED. 3.68.020 ADMINISTRATION. 3.68.030 EQUIPMENT. 3.68.040 EQUIPMENT USE CHARGES. 3.68.050 PURCHASES. 3.68.060 DEPOSITS. 3.68.010 CREATED. There is created an equipment rental reserve fund which shall be used as a revolving fund or funds to be expended for salaries, wages, and operations required for the repair, replacement, purchase, and operation of equipment, and for the purchase of equipment, materi- als, and supplies to be used in the administration and operation of the fund in accordance with RCW 35.21.088. (Ord. 5120 §1 (part), 2010: Ord. 4084 §1, 1986) 3.68.020 ADMINISTRATION. The equipment rental reserve fund shall be admin- istered by the Director of Public Works and Utilities or his/her designee in accordance with RCW 35.21.088 and directives of the Washington State Auditor. The Director of Public Works and Utilities or his/her desig- nee, with approval of the Mayor, is authorized to estab- lish policies and procedures to implement the provisions of this chapter. (Ord. 5120 §1 (part), 2010: Ord. 4084 §2, 1986) 3.68.030 EQUIPMENT. (a) All trucks, passenger cars and construction equipment currently in the equipment rental fund shall be in the fund established by this chapter. All vehicles and equipment currently owned by the various city departments may be transferred to the equipment rental reserve fund at the direction of the City Council. (b) All vehicles and equipment within the equip- ment rental fund shall be the property of the fund. (c) Certain specialized items of equipment may, at the direction of the City Council, be expressly excluded from or included in the equipment rental reserve fund. (Ord. 5120 §1 (part), 2010: Ord. 4084 §3, 1986) 3.68.040 EQUIPMENT USE CHARGES. Each department, using equipment which is part of the equipment pool, shall pay into the equipment rental reserve fund a monthly rental payment which shall cover operation, maintenance for and replacement costs of each vehicle it uses. (Ord. 5120 §1 (part), 2010: Ord. 4084 §5, 1986. Formerly 3.68.050) 3.68.050 PURCHASES. All purchases made from the fund shall be in accor- dance with the charter and ordinances of the City. (Ord. 5120 §1 (part), 2010: Ord. 4084 §7, 1986. Formerly 3.68.070) 3.68.060 DEPOSITS. All moneys deposited in the equipment rental reserve fund, including amounts included therefor in the annual budget of the City and not expended as in this chapter provided, shall remain in the fund from year to year and shall not be transferred to any other fund or expended for any purpose unless authorized by the City Council. (Ord. 5120 §1 (part), 2010: Ord. 4084 §9, 1986. Formerly 3.68.090) 3.72-1 (Revised 1/11) Chapter 3.72 GAMBLING TAX Sections: 3.72.010 DEFINITIONS. 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. 3.72.030 TAX TO BE COMPUTED AND PAID QUARTERLY - EXCEPTIONS. 3.72.040 ADMINISTRATION AND COLLECTION OF TAX. 3.72.050 METHOD OF PAYMENT. 3.72.060 FAILURE TO MAKE TIMELY PAYMENT OF TAX OR FEE. 3.72.070 NOTICE OF INTENTION TO ENGAGE IN ACTIVITY TO BE FILED. 3.72.080 RECORDS REQUIRED. 3.72.090 OVERPAYMENT OR UNDERPAYMENT OF TAX. 3.72.100 FAILURE TO MAKE RETURN. 3.72.110 TAX ADDITIONAL TO OTHERS. 3.72.120 CITY TREASURER TO MAKE RULES. 3.72.130 TAXES, PENALTIES AND FEES CONSTITUTE DEBT TO MUNICIPALITY. 3.72.140 LIMITATION ON RIGHT TO RECOVERY. 3.72.150 EFFECTIVE DATE OF TAX. 3.72.160 VIOLATION - PENALTIES. 3.72.010 DEFINITIONS. For the purposes of this chapter, the words and terms used shall have the same meaning as each has under Chapter 218, Laws of 1973, First Extraordinary Session and Chapter 9.46 RCW, each amended, and under the rules of the Washington State Gambling Com- mission, Chapter 230, WAC, unless otherwise specifi- cally provided or the context in which they are used herein clearly indicates that they may be given some other meaning. (Ord. 3187 §1, 1974) 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. There is levied upon all persons, associations, and organizations conducting or operating within this juris- diction any of the activities listed below a tax in the fol- lowing amount to be paid to the city: (a) Bingo, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five percent (5%); (b) Raffles, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five percent (5%). No tax shall be imposed on the first ten thousand dollars ($10,000) gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in Chapter 9.46 RCW; (c) Amusement games, in the amount sufficient to pay the actual costs of enforcement of the provisions of this chapter, which shall not exceed the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise, which are actually awarded as prizes during the taxable period, multiplied by the rate of two percent (2%); (d) Charitable organizations, no tax shall be imposed under the authority of this chapter on bingo, raffles or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization, as defined in Chap- ter 9.46 RCW, which organization has not paid operat- ing or management personnel and has gross income from bingo, raffles or amusement games, or any combi- nation thereof, not exceeding five thousand dollars ($5,000) per year less the amount paid as prizes; (e) Fishing derbies, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actu- ally awarded for prizes during the taxable period, multi- plied by the rate of ten percent (10%); (f) Any punchboards or pull-tabs, any organiza- tion qualifying as a bona fide charitable or nonprofit organization pursuant to the provisions of Chapter 9.46 RCW and any person, association or organization who desires to utilize punchboards or pull-tabs as a commer- cial stimulant pursuant to Chapter 9.46 RCW shall make such intention known to the city treasurer; (1) Any organization pursuant to the provi- sions of Chapter 9.46 RCW and any person, association or organization who desires to utilize punchboards or pull-tabs as a commercial stimulant pursuant to Chapter 9.46 RCW shall remit to the City of Bremerton and there is hereby levied an excise or tax computed at the rate of four percent (4%) based upon the gross income received in the conduct of such activity, computed by multiplying the number of chances played on said board or pull-tab times the price or value of each individual chance for play; (Revised 1/11)3.72-2 (2) Any organization qualifying as a bona fide charitable or nonprofit organization pursuant to the pro- visions of Chapter 9.46 RCW, who desires to utilize punchboards or pull-tabs pursuant to Chapter 9.46 RCW shall remit to the City of Bremerton and there is hereby levied an excise or tax computed at the rate of ten per- cent (10%) based on gross receipts from the operation of the games less the amount awarded as cash or merchan- dise prizes. Gross income received in the conduct of such activity, computed by multiplying the number of chances played on said board or pull-tab times the price or value of each individual chance or play. Cash or mer- chandise awarded is computed by the amount of cash paid or cost of merchandise awarded; (g) (1) Social card games (player funded), in the amount of ten percent (10%) of the gross receipts received as fees charged persons for the privilege of playing in card games; (2) Social card games (house banked) in the amount of two percent (2%) of the gross receipts received by the house from such social card games; (h) Fund-raising events, as defined by RCW 9.46.0233, in the amount of ten percent (10%) of the net receipts derived from the fund-raising event. For the purpose of this section, “net receipts” means all money received by an organization during a given period of time, less the amount of money paid out as cash prizes during the same period of time. No additional expendi- tures which arise from the conducting of the fund-rais- ing event shall be deducted for purposes of reducing the gross receipts to arrive at the net receipt. (Ord. 5116 §1, Amended, 07/07/2010: Ord. 4764, Amended, 07/06/2001; Ord. 3924 §1, 1984; Ord. 3187 §2, 1974) 3.72.030 TAX TO BE COMPUTED AND PAID QUARTERLY - EXCEPTIONS. Each of the various taxes imposed by this chapter shall be computed on the basis of activity during each calendar quarter year, shall be due and payable in quar- terly installments, and remittance therefor, together with return forms, shall be made to the city, on or before the last day of the month next succeeding the quarterly period in which the tax accrued, that is, on January 31st, April 30th, July 31st, and October 31st of each year; provided, that the following exceptions to this payment schedule shall be allowed, or required: (1) Except as provided in (2) below, whenever any person, association or organization taxable hereun- der conducting or operating a taxable activity on a regu- lar basis discontinues operation of that taxable activity for a period of more than three consecutive weeks, or quits business, sells out, or otherwise disposes of its business or terminates the business, any tax due hereun- der shall become due and payable, and such taxpayer shall, within ten days thereafter, make a return and pay the tax due. (2) Whenever it appears to the city treasurer that the collection of taxes from any person, association or organization may be in jeopardy, the city treasurer, after not less than thirty days’ notice to the taxpayer, is authorized to require that taxpayer to remit taxes and returns at such shorter intervals than quarterly or annu- ally, as the city treasurer shall deem appropriate under the circumstances. (3) There shall be allowed as a deduction for the various taxes imposed by this chapter an amount equal to the amount of bad debts suffered by any such person, association or organization engaged in such activity as a result of their being unable to collect gam- bling debts. Such deduction shall be allowed to be com- puted and taken on the tax return for the fourth quarter of each calendar year. Such deduction shall not be allowed unless the person, association or organization engaging in such activities shall first cause to be pre- pared and filed with said fourth quarter tax return an affidavit, in form satisfactory to the city treasurer, set- ting forth the amount of bad debts suffered by such per- son, association or organization. (Ord. 3377 §1, 1977; Ord. 3187 §3 1974) 3.72.040 ADMINISTRATION AND COLLECTION OF TAX. Administration and collection of the various taxes imposed by this chapter shall be the responsibility of the city treasurer. Remittance of the amount due shall be accompanied by a completed return form prescribed and provided by the city treasurer. The taxpayer shall be required to swear and affirm that the information given in the return is true, accurate, and complete. The city treasurer is authorized, but not required, to mail to taxpayers forms for returns. Failure of the tax- payer to receive such a form shall not excuse a taxpayer from making the return and timely paying all taxes due. The city treasurer shall make forms available to the pub- lic in reasonable numbers in the office of the city trea- surer during regular business hours. In addition to the return form, a copy of the tax- payer’s quarterly report to the Washington State Gam- bling Commission required by WAC 230-08 for the period in which the tax accrued, shall accompany remit- tance of the tax amount due. (Ord. 3187 §4, 1974) 3.72.050 METHOD OF PAYMENT. Taxes payable hereunder shall be remitted to the city treasurer on or before the time required by bank draft, certified check, cashier’s check, personal check, money order, or in cash. If payment is made by draft or check, the tax shall not be deemed paid until the draft or check is honored in the usual course of business, nor 3.72-2.1 (Revised 1/11) shall the acceptance of any sum by the city treasurer be an acquittance or discharge of the tax unless the amount paid is the full amount due. The return, and copy of quarterly report to the Washington State Gambling Commission, shall be filed in the office of the city trea- surer after notation by that office upon the return of the amount actually received from the taxpayer. (Ord. 3187 §5, 1974) (Revised 1/11) Title 7 ANIMALS Chapters: 7.04 GENERALLY 7.05 PROHIBITED ANIMALS 7.06 CHICKENS 7.08 LICENSES AND LICENSING REQUIREMENTS 7.10 IMPOUNDMENT AND QUARANTINE 7.12 DANGEROUS ANIMALS 7.14 ANIMAL CRUELTY 7.15 INFRACTIONS 7.16 MISCELLANEOUS PROVISIONS 7.04-1 (Revised 1/11) Bremerton Municipal Code 7.04.020 Chapter 7.04 GENERALLY Sections: 7.04.010 DECLARATION. 7.04.020 DEFINITIONS. 7.04.030 AUTHORITY TO ANIMAL CONTROL AUTHORITY. 7.04.040 ANIMAL CONTROL ZONE ESTABLISHED. 7.04.050 CONSTRUCTION. 7.04.010 DECLARATION. The ordinance codified in this title is enacted to enhance the public health, safety, welfare and conve- nience through the regulation of animal behavior to the end that offensive animal behavior will be reduced or eliminated. Furthermore, this title contains standards for the use, care and treatment of animals to the end that cruelty to animals will be reduced or eliminated. (Ord. 4949 §1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.04.020 DEFINITIONS. The terms defined below have the meanings that follow unless the context in which they are used clearly indicates a different meaning: (a) "Adequate food and water" means food or feed appropriate to the species for which it is intended. Both food and water must be in sufficient quantity and quality to sustain the animal, and should be in containers designed and situated to allow the animal easy access. (b) "Adequate shelter" means a structure that is moisture- and wind-proof, allows the animal to turn around freely, sit, stand and lie without restriction, keeps the animal clean and dry, and by application does not cause the animal injury, disfigurement, or physical impairment. (c) "Adult cat" means a cat more than six (6) months of age. (d) "Adult dog" means a dog more than six (6) months of age. (e) "Animal control authority" means the Bremer- ton Police Department, Kitsap Animal Control, Kitsap Humane Society, or other organization contracted by the City of Bremerton to enforce the City’s animal con- trol provisions. (f) "Animal welfare facility" means any indoor or outdoor facility where pets are routinely housed or maintained by or for an animal welfare organization. (g) "Animal welfare organization" means any pub- lic or private organization registered with the Washing- ton Secretary of State’s Office as a not-for-profit organization, whether called a kennel, cattery, shelter, society, or rescue, and includes the organization’s offic- ers, agents, and representatives when acting in the name or on behalf of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the organization. (h) "At large" means an animal that is off the pre- mises of the owner and not under physical restraint ade- quate for its size and nature or is sufficiently near its owner to be under its owner’s direct control and is obe- dient to its owner’s commands, except that all dogs must be leashed when off the premises of the owner; pro- vided, however, unleashed dogs shall be allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC. (i) "Chick" means a chicken that has not reached the adult stage. (j) "Chicken" means the commonly known domestic fowl Gallus gallus domesticus, bred and raised for its eggs. (k) "Chicken tractor" means a small, moveable coop. (l) "Commercial pet facility" means any place or entity where pets are boarded or bred for the primary purpose of compensation, or where pets are housed for resale, such as pet shops, but not including a veterinary hospital where boarding is incidental to treatment. (m) "Coop" means an enclosure or cage as for chickens. (n) "Dangerous animal" means any pet or live- stock that: (1) Inflicts severe injury on a human being without provocation on public or private property; (2) Kills a domestic animal without provoca- tion while the attacking animal is off the owner’s prop- erty; or (3) Has been previously found to be poten- tially dangerous, because of injury inflicted on a human, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans, pets, or livestock. (o) "Feral cat" means any cat that has no apparent owner or identification and is apparently wild, untamed, unsocialized, unmanageable, and unable to be approached or handled. (p) "Grooming parlor" means any place or entity, public or private, stationary or mobile, where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and for which a fee is charged. (q) "Hearing examiner" means the Municipal Hearings Examiner established under Chapter 2.62 BMC. (r) "Hen" means an adult female chicken. (s) "Henhouse" means a permanent or fixed house or shelter for chickens. (Revised 1/11)7.04-2 7.04.030 (t) "Hybrid(s)" means the offspring of two (2) ani- mals of different species, such as the offspring resulting from breeding a domesticated dog (Canis familiaris) with a wolf (Canis lupus). (u) "Impoundment" means when an animal is placed under the control or custody of the animal control authority. (v) "Juvenile cat" means a cat seven (7) weeks to six (6) months of age. (w) "Juvenile dog" means a dog seven (7) weeks to six (6) months of age. (x) "Livestock" means animals including, but not limited to, all equine (horse, mule), bovine (cattle), por- cine (swine), caprine (goats), ovine (sheep), camelid (camel, llama, alpaca), ratitae (ostrich, emu, rhea), domesticated poultry (domesticated poultry shall not include chickens), game birds and waterfowl (as autho- rized by the State of Washington), or federally permitted fowl and other pen-raised fowl, or other animals raised primarily for use as food or fiber for human utilization or consumption. (y) "Owner" means any person or entity which controls, maintains, possesses, has custody of, or other- wise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal’s activities. (z) "Pet" means any animal maintained by a per- son or entity for the primary purpose of personal enjoy- ment, exhibition, companionship or service including, but not limited to, domesticated animals, such as chick- ens, cats and dogs, and nondomesticated animals suit- able to living in companionship with humans, such as some birds and mammals. (aa) "Pet shop" means a commercial establishment that acquires pets for the purpose of resale. (bb)"Potentially dangerous animal" means any ani- mal that when unprovoked: (1) Inflicts a bite(s) on a human, pet, or live- stock either on public or private property; (2) Chases or approaches a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; or any animal; (3) With a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise threaten the safety of humans, pets, or live- stock on any public or private property. (cc) "Provoke" means to intentionally agitate, harass, or excite an animal. (dd) "Rodent" means members of the order roden- tia, including rats and mice in the family muridae, any other introduced rodents, and various native species such as field mice, voles, wood rats, ground and tree squirrels, chipmunks and prairie dogs. (ee) "Rodent-proofing" means any form of con- struction to prevent the ingress of rodents into structures or feed storage containers from the outside or from one structure to another and consists of construction or treat- ment with material impervious to rodent gnawing of all actual or potential openings in exterior walls, ground or first floors and roofs that may be reached rodents from the ground, by climbing or by burrowing. (ff) "Rooster" means an adult male chicken. (gg) "Service dogs" means any guide or signal dog individually trained to provide assistance to an individ- ual with a disability or that serves public or tribal law enforcement, as well as any dog enrolled in a recognized formal training program for those types of services. (hh) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requir- ing multiple sutures or cosmetic surgery. (ii) "Wheeled vehicle" means any wheeled con- veyance intended for use as a means of transport of per- sons or goods. (Ord. 5126 §1, 2010: Ord. 4952 §1, 2005; Ord. 4949 §1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.04.030 AUTHORITY TO ANIMAL CONTROL AUTHORITY. (a) The City grants to the animal control authority the authority within Chapters 16.08, 16.10 and 16.52 RCW, and further vests in the animal control authority the primary responsibility for animal control and for securing compliance with this title. (b) Employees of the animal control authority over the age of twenty-one (21), who are commissioned as Washington Humane Officers by the Superior Court, may be commissioned as special officers by the Police Chief. When so commissioned, the officer shall thereby be charged with the enforcement of all ordinances, stat- utes and regulations relating to the care, treatment, con- trol, impoundment, and licensing of animals. Such commissions may be issued and revoked in the discre- tion of the Police Chief. (Ord. 4949 §1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.04.040 ANIMAL CONTROL ZONE ESTABLISHED. All of the area within the city limits of Bremerton is declared to be a single animal control zone. (Ord. 4949 §1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.04.050 CONSTRUCTION. This title shall be liberally interpreted and con- strued to secure the public health, safety, morals and welfare and the rules of strict construction shall have no application. (Ord. 4949 §1 (part), 2005: Ord. 4807, Repealed & Replaced, 06/28/2002) 7.06-1 (Revised 1/11) Bremerton Municipal Code 7.06.020 Chapter 7.06 CHICKENS Sections: 7.06.010 CHICKEN MANAGEMENT. 7.06.020 CHICKEN LICENSE. 7.06.030 CHICKEN LICENSE PROCEDURE. 7.06.040 SUNSET PROVISION - CHICKENS. 7.06.010 CHICKEN MANAGEMENT. Chickens may be kept within the city limits of Bremerton, provided: (a) No more than four (4) hens, including chickens and chicks, may be kept per single-family residential lot pursuant to subsection (n) of this section. In no event shall the four (4) allowed hens, including chickens or chicks, count toward the accumulative total of four (4) household pets pursuant to BMC 7.08.010. (b) No roosters are allowed. (c) Chickens, except for chicks, shall not be kept inside any permitted dwelling. (d) Henhouses, coops and chicken tractors must be set back at least ten (10) feet from all property lines. (e) Henhouses, coops and chicken tractors shall be kept at least five (5) feet from any other structure includ- ing decks. (f) Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept clean and main- tained so that dust, manure and odors are not detectable beyond any property line. (g) Henhouses, coops and chicken tractors includ- ing chicken runs shall not exceed two hundred (200) square feet in size and shall not exceed seven (7) feet in height at the structure’s highest point. (h) Henhouses and coops shall provide at least six (6) square feet of space per chicken. (i) Chicken tractors shall provide at least four (4) square feet of space per chicken. (j) Henhouses, coops and chicken tractors shall be restricted to the backyard area of a single-family resi- dential lot. (k) Henhouses, coops and chicken tractors shall be set back from any body of water in compliance with the City of Bremerton’s shoreline master plan and critical areas ordinance as each are currently enacted or herein- after amended. (l) Henhouses, coops and chicken tractors shall be set back one hundred (100) feet from any public or pri- vate well. (m) Chickens shall not be allowed to run at large and shall be enclosed within a henhouse, coop or chicken tractor at all times. (n) Chickens shall be allowed only on single-fam- ily residential lots containing a maximum of one resi- dence. (o) Chicken manure shall be managed so as not to create a nuisance or be in violation of Chapter 9.16 BMC as currently enacted or hereinafter amended. (p) Chickens shall not be slaughtered. (q) All chicken feed or food set aside for chickens shall be stored in rodent-proof containers and feeders. (r) All structures used to house or care for chick- ens, including henhouses, coops and chicken tractors shall be rodent-proof. (s) Any rodent activity in the vicinity of any chicken structure or enclosure shall require the licensed owner of the chickens to eradicate the rodents in compli- ance with local, state and federal laws. (Ord. 5126 § 2 (part), 2010). 7.06.020 CHICKEN LICENSE. (a) Annual License. A single license to keep up to four (4) chickens per single-family residential lot shall be obtained annually by the owner or within thirty (30) calendar days from the date the owner acquires the chicken(s) or brings chickens into the City of Bremer- ton. (b) License Expiration. A chicken license shall expire one (1) year from the date of issuance. (c) Chicken License Fee. License fees are set pur- suant to BMC 3.01.050. (d) Additional License Fee. Licenses not renewed by the designated renewal date shall be assessed an additional license fee of ten dollars ($10.00); provided, there shall be no additional license fee where: (1) The applicant has owned the chicken(s) for less than thirty (30) calendar days; or (2) The applicant has resided in the City for less than thirty (30) calendar days; or (3) At the discretion of the City Clerk, amnesty may be granted to all residents for an announced period of time not to exceed ninety (90) days in duration, and no more frequently than once per calen- dar year. (e) Exemptions from License Fees. The following are exempt from license fees: (1) Chickens in the temporary custody of a veterinarian or animal welfare organization whose own- ers are unknown; or (2) Chickens owned, and available for retail sale, by the owner or operator of a licensed commercial pet facility. (Ord. 5126 § 2 (part), 2010). (Revised 1/11)7.06-2 7.06.030 7.06.030 CHICKEN LICENSE PROCEDURE. (a) Issuance of Licenses. The City Treasurer, ani- mal control authority, or the authorized agents thereof shall issue licenses pursuant to BMC 7.06.020, as spec- ified in this section. (b) Contents of License. The license shall contain the following: (1) Date of issuance and date of expiration; (2) A serial number; (3) The name, address, and telephone number of the owner of the chicken(s). (c) Transferability of Licenses. Licenses are not transferable from one chicken owner to another. (Ord. 5126 § 2 (part), 2010). 7.06.040 SUNSET PROVISION - CHICKENS. Any amendments to this title adopted pursuant to Ordinance No. 5126 shall expire and sunset June 30, 2012, unless extended by a subsequent ordinance of the City Council. If such sunset occurs, any citizen legally possessing chickens at the time of the sunset shall be allowed to maintain those chickens unless ordered oth- erwise pursuant to this title until the chickens expire or are removed by the owner. In no event shall any owner be allowed to add to the number of chickens kept after the sunset occurs. (Ord. 5126 § 2 (part), 2010). 7.15-1 (Revised 1/11) Bremerton Municipal Code 7.15.010 Chapter 7.15 INFRACTIONS Sections: 7.15.010 INFRACTIONS. 7.15.020 INFRACTION PENALTY. 7.15.030 INFRACTION PROCEDURE. 7.15.040 ENFORCEMENT BY CIVIL ACTION. 7.15.050 UNLAWFUL - VIOLATIONS AND PENALTIES. 7.15.010 INFRACTIONS. The following are declared to be Class 1 civil infractions: (a) Animal at Large. For the owner of a pet or live- stock to suffer or permit such animal to leave the pre- mises of the owner, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner’s direct control and is obedient to its owner’s commands, except that all dogs must be leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in formal training, competition, service dogs engaged in an activity for which they are trained or in service, or dogs allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC. This provi- sion also applies to the requirements established in BMC 7.06.010(m); (b) Animal in Heat. For the owner of a pet in heat to keep such an animal where it is accessible to male animals unless such accessibility is for the purpose of planned breeding; (c) Animal Noise. For any person(s) to own any animal which by its barking, howling, baying, squeal- ing, crowing, crying, bleating, screeching, or making any other noise which by its volume or frequency unrea- sonably disturbs or interferes with the peace of any per- son(s) for more than fifteen (15) minutes in any one (1) hour period of any day, and is documented by three (3) or more separate episodes of such noise in a sequential seven (7) day period. The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this sub- section are commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors oth- erwise in compliance with the Bremerton Municipal Code including, but not limited to, BMC 7.08.030, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by will- ful trespass, torment, or abuse of the animal(s) on its property by others. Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded, pursuant to BMC 7.10.010(a), if the disturbance reoccurs after the owner or custodian of such animal(s) has received two (2) written warnings from either the animal control authority or law enforcement within a calendar year; (d) Damaging Property. For the owner of a pet or livestock to suffer or permit the animal to leave the pre- mises of the owner and thereafter cause damage to any thing of value or any other pet or livestock; (e) Disturbing Pedestrians. For the owner of a pet or livestock, when off the property of the owner, to suf- fer or permit the animal to disturb people lawfully on public ways. For the purposes of this section, "disturb" shall mean to chase or approach a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; (f) Chasing Vehicles. For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways; (g) Reporting and Releasing Stray Animals. For any person to fail to notify the animal control authority that a stray pet or livestock is in the person’s possession, or to refuse to release such stray animal to the animal control authority upon demand; (h) Releasing Animal. For any person except the owner or other authorized person to release any pet or livestock from confinement; (i) Excess Number of Animals. To own more than a total of four (4) household pets as provided in BMC 7.08.010(f) or to own more than a total of four (4) chick- ens as provided in BMC 7.06.010(a) at the same place or residence without a valid commercial pet facility or animal welfare facility license; (j) Failure to License. For an owner to fail to license a cat or dog as required by BMC 7.08.010(a); or to fail to obtain a chicken license as required by BMC 7.06.020(a). (k) Animal Bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property; (l) Agitating an Animal. To intentionally agitate, harass, or provoke a pet or livestock except that a person may take reasonable steps, not causing undue pain or suffering, to remove unwanted animals from their prop- erty; (m) Failing to Notify Animal Control Authority of Change of Ownership, Custody, and/or Residence. For any owner of an animal that has been declared danger- ous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen (14) calendar days of the change as (Revised 1/11)7.15-2 7.15.020 required by BMC 7.12.010(i) or to otherwise fail to comply with the requirements of that section; (n) Sale, Barter, or Other Transfer of Pets in Public Places Prohibited. It is unlawful to sell, barter, or other- wise transfer for the purpose of changing ownership any pet in an area open to the public, unless such activity is pursuant to BMC 7.08.030, or occurs at a sanctioned dog or cat show; (o) Transporting a pet or livestock in the open bed of a pickup truck or other outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause injury to the animal; (p) Pets Chasing Livestock. For the owner of a pet to permit that animal to harass or chase another owner’s livestock, when not engaged in the specific work of herding approved by the owner of the livestock; (q) Animal Waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner’s animal from public or private property unless the owner of such property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise governed by public health regulations or other provisions of this code; (r) Outdoor Feeding. To feed or allow any domes- tic or wild animals or birds to feed outdoors at such times and in such numbers that feeding birds or animals create an unreasonable disturbance or accumulation of droppings on surrounding properties, including public property; (s) Ownership or possession by a person under the age of eighteen (18) years old of any dangerous or potentially dangerous animal; (t) Roosters. It is unlawful to keep a rooster or roosters as prohibited by BMC 7.06.010(b); (u) Henhouses, coops and chicken tractors. For an owner to fail to comply with the provisions of BMC 7.06.010(d) through BMC 7.06.010(l); (v) For an owner to keep chickens in violation of BMC 7.06.010(n); (x) Chickens kept inside a permitted dwelling. For anyone to keep chickens, except chicks, inside any per- mitted dwelling as prohibited by BMC 7.06.010(c); (y) For an owner to fail to manage chicken manure as required in BMC 7.06.010(o); (z) For an owner to fail to maintain chicken feed in rodent-proof containers as required by BMC 7.06.010(q); (aa) For an owner to fail to provide for rodent-proof chicken structures pursuant to BMC 7.06.010(r); (bb) For an owner to fail to take necessary steps to eradicate rodents pursuant to BMC 7.06.010(s); (cc) For any owner to slaughter chickens in viola- tion of BMC 7.06.010(p). This provision shall in no way limit the City of Bremerton’s ability to prosecute for violations of Chapter 7.14 BMC. (Ord. 5126 §3, 2010; Ord. 4952 §2, 2005; Ord. 4949 §1 (part), 2005) 7.15.020 INFRACTION PENALTY. The base penalty for any infraction specified in BMC 7.15.010 shall be seventy-six dollars ($76.00) for the first violation, one hundred forty-two dollars ($142.00) for the second infraction committed within one (1) calendar year, and one hundred ninety-two dol- lars ($192.00) for the third and subsequent infractions committed within one (1) calendar year. In addition to the base penalty, a public safety and educational assess- ment and any other assessments required by statute shall be imposed. Each and every day or portion thereof in which an infraction is committed shall constitute a sep- arate and distinct infraction. (Ord. 4949 §1 (part), 2005) 7.15.030 INFRACTION PROCEDURE. Infractions under this title shall, insofar as possible, be charged and processed pursuant to justice court traf- fic infraction rules as now or hereafter amended. (Ord. 4949 §1 (part), 2005) 7.15.040 ENFORCEMENT BY CIVIL ACTION. Any action or inaction by any animal or the owner or keeper thereof which is contrary to the provisions of this title, regardless if such constitutes a crime or infrac- tion hereunder, shall be, and the same are declared to be unlawful and a public nuisance and compliance with this title may be enforced by an action for abatement or injunction brought by an affected citizen or by the pros- ecuting attorney. (Ord. 4949 §1 (part), 2005) 7.15.050 UNLAWFUL - VIOLATIONS AND PENALTIES. (a) It shall be unlawful: (1) To fail to respond to a notice of infraction issued pursuant to this chapter. (b) Any violation of this chapter as set forth in this section shall constitute a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 4949 §1 (part), 2005) 7.16-1 (Revised 1/11) Bremerton Municipal Code 7.16.030 Chapter 7.16 MISCELLANEOUS PROVISIONS Sections: 7.16.010 FAILURE TO REPORT STRIKING OF ANIMAL. 7.16.020 OBSTRUCTING ANIMAL CONTROL AUTHORITY. 7.16.030 HABITUAL VIOLATORS. 7.16.010 FAILURE TO REPORT STRIKING OF ANIMAL. Any person who fails to report the striking of an animal with a vehicle to the animal control authority or law enforcement shall be guilty of a misdemeanor pur- suant to BMC 1.12.020(2); provided, that no person shall be held liable for the injury or death of an animal under this section unless found to have committed a crime pursuant to the provisions of Chapter 16.52 RCW or this section. (Ord. 4949 §1 (part), 2005) 7.16.020 OBSTRUCTING ANIMAL CONTROL AUTHORITY. Any person who willfully hinders, delays, or other- wise obstructs any animal control authority employee in the discharge of the employee’s official powers or duties shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1). (Ord. 4949 §1 (part), 2005) 7.16.030 HABITUAL VIOLATORS. (a) Habitual Violators. Any owner receiving any combination of four (4) or more: (1) Convictions, singularly or in combination, of crimes relating to animals within a five (5) year period; and/or (2) Infractions under this title, singularly or in combination, pursuant to BMC 7.15.010 found to be committed by the Municipal Court within a five (5) year period shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1) for each additional act constituting a crime or infraction under this title. (b) Habitual Violators – Chicken Regulations. In addition to the sanctions provided in subsection (a) of this section, any owner receiving three or more infrac- tions relating to any chicken regulation found to be com- mitted by the Municipal Court within a two (2) year period shall have his or her chicken license revoked and shall be prohibited from renewing his or her chicken license. (c) Any applicant or licensee may, within seven (7) working days from the date that a denial or revoca- tion notice was mailed to the applicant or licensee, appeal from such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Municipal Court Hearing Examiner pursuant to BMC 2.62.045. 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 BMC 2.62.045. After the hearing thereon the Municipal Court Hearing Exam- iner shall, after appropriate findings of fact, and conclu- sions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of the license, and may impose any terms thereupon. (d) No revocation of a license pursuant to the pro- visions of this chapter shall take effect until seven (7) working days after service of the notice thereof by the Kitsap Humane Society, and if the appeal is timely filed, the revocation shall be stayed pending final action by the Municipal Court Hearing Examiner. All licenses which are revoked shall be surrendered to the Kitsap Humane Society on the effective date of such revoca- tion. (e) The decision of the Municipal Court Hearing Examiner shall be final. The applicant or licensee and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within thirty (30) days from the date of the decision. If review is sought as herein prescribed, the renewal or revocation shall be stayed pending final action by the Superior Court. (f) When revoked, the license shall be canceled and immediately surrendered to a representative of the Kitsap Humane Society. Upon revocation of any license as provided in this chapter, no portion of the license fee shall be returned to the licensee. Additionally, any lic- ensee who has had his or her chicken license revoked shall remove any chickens from his or her property within seven (7) days of the effective date of the revoca- tion. (Ord. 5126 §3, 2010: Ord. 4949 §1 (part), 2005) (Revised 1/11) Title 10 TRAFFIC Chapters: 10.04 STATE STATUTES 10.10 RESTRICTED PARKING ZONES 10.11 PARKING ENFORCEMENT 10.12 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 10.10-1 (Revised 1/11) Chapter 10.10 RESTRICTED PARKING ZONES Sections: 10.10.010 PURPOSE. 10.10.020 DEFINITIONS. 10.10.030 RESTRICTED PARKING ZONES. 10.10.040 PARKING ADMINISTRATION. 10.10.050 RESTRICTED PARKING ZONE DESIGNATION - PROCESS. 10.10.060 RESTRICTED PARKING ZONE PETITIONS IN NON- HISTORICALLY IMPACTED AREAS. 10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY IMPACTED AREAS. 10.10.080 ELIGIBILITY CRITERIA FOR PERMIT. 10.10.090 PERMIT - ISSUANCE - DISPLAY. 10.10.100 PERMIT - RENEWAL - DURATION. 10.10.110 PERMIT - VISITOR. 10.10.120 PERMIT - LANDLORD. 10.10.130 SERVICE VEHICLES. 10.10.140 PARKING FOR DISABLED PERSONS. 10.10.010 PURPOSE. This chapter is intended to mitigate the impact of commuter parking in impacted areas, to preserve the character of residential districts, to improve handi- capped access and reduce traffic. Residential parking permits are established as an exemption to posted restrictions in restricted parking zones where neighbor- hoods have been impacted by commuter parking and are meant to ease parking congestion. (Ord. 4865 §3 (in part), 2003) 10.10.020 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows: (a) "Block" means the area comprised of proper- ties along each side of a street between two (2) intersec- tions. [See Appendix Figure 020.] (b) "Commuter vehicle" means a motor vehicle parked in a residential area by a person not a resident thereof. (c) "Department" means the Department of Public Works and Utilities, or designee. (d) "Director" means the Director of Public Works and Utilities, or designee. (e) “Downtown core” means that area in down- town Bremerton from and including Park Avenue east to the waterfront and from and including 6th Street south to the waterfront and the Puget Sound Naval Shipyard. (f) "Downtown no repark zone" means the down- town core where on-street parking is restricted to one (1), two (2), or three (3) hours as posted. (g) "Historically impacted areas" are those areas within the City that have been identified by the City Council as having traditionally suffered severe parking shortages due to commuter parking. (h) "One (1) hour parking zone" means a pre- scribed area where on-street parking is limited to one (1) hour, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked deliv- ery and service vehicles. (i) "Parking generator" means anything that sig- nificantly increases commuter parking demand. Exam- ples include, but are not limited to: ferry terminals, schools, hospitals, business districts, and the Puget Sound Naval Shipyard. (j) "Passenger load only zone" means a parking space reserved for passenger loading only. These spaces will be marked with the time restriction applicable to them. (k) "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking. (l) "Resident," as used in this chapter, refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner. (m) "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area. (n) "Residential area" means a contiguous area containing public streets and highways or parts thereof primarily abutted by residential property or residential and nonbusiness property. (o) "Permit only zone" means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity, their vis- itors holding a permit, and clearly marked delivery and service vehicles. (p) "Restricted parking permit" means a permit issued by the City that exempts the permit holder, when displayed properly, from the parking restrictions in effect in the permit holder's restricted parking permit area. (q) "Restricted parking permit area" or "residential parking permit area" means an area designated as pro- vided in this chapter wherein resident vehicles display- ing a valid permit as described in this chapter shall be exempt from posted parking restrictions. (Revised 1/11)10.10-2 (r) "Restricted parking zone" means an area of the City subject to one of the restrictions contained in this chapter. (s) "Three (3) hour parking zone" means a pre- scribed area within the downtown core where on-street parking is limited to three (3) hours. (t) "Two (2) hour parking zone" means a pre- scribed area where on-street parking is limited to two (2) hours, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked deliv- ery and service vehicles. (u) "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a restricted parking permit area. (Ord. 5122 §1, 2010: Ord. 4865 §3 (in part), 2003) 10.10.030 RESTRICTED PARKING ZONES. The Director shall, in a manner consistent with this chapter, establish, locate and post one (1) hour parking zones, two (2) hour parking zones, three (3) hour park- ing zones and other restricted parking zones and parking restrictions within the City rights-of-way where required to regulate parking. (Ord. 5122 §2, 2010: Ord. 4865 §3 (in part), 2003) 10.10.040 PARKING ADMINISTRATION. Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Depart- ment of Administrative Services, which shall promul- gate procedures to administer permits as authorized in this chapter, including processes for establishing proof of residency; vehicle ownership, use or control; and for the revocation of permits for misuse. Appropriate park- ing fee schedules and permit fees shall be set by the City Council and are set forth in Chapter 3.01 BMC. Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of park- ing permits authorized by this title. (Ord. 4865 §3 (in part), 2003) 10.10.050 RESTRICTED PARKING ZONE DESIGNATION - PROCESS. (a) Creation, deletion or boundary changes of restricted parking zones may be initiated either: (1) By a verified petition of the residents as provided for in BMC 10.10.060 or 10.10.070; or (2) By the decision of the Director following a finding that the change is in the best interest of the community and will improve the health, safety or wel- fare of the community; or (3) By resolution of the City Council. (b) Right to Appeal. The right to appeal a creation, deletion or boundary change exists only when such cre- ation, deletion or boundary change was completed under subsections (a)(1) or (a)(2) of this section when the change is to a Two (2) Hour Parking Zone, One (1) Hour Parking Zone or a Permit Only Zone. If such cre- ation, deletion or boundary change is subject to appeal, the City Clerk shall post notice in the particular residen- tial area advising the residents of the future location and boundaries of the residential parking area and of the right to appeal the designation within ten (10) days. A timely appeal to the Hearing Examiner, filed with the City Clerk, by a resident or business owner within the designated permit area will stay the action until the Hearing Examiner’s review and decision in accordance with Chapter 2.13 BMC. The Hearing Examiner shall be authorized to deny the creation, deletion or boundary change if he/she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion or boundary change would have failed had proper procedures been followed or if he/she determines that the creation, deletion or bound- ary change is not in the best interest of the community. The change shall be enforceable following the expira- tion of the appeal period or at such time as any appeal filed is denied. Until such time, the parking restriction previously in place, if any, shall continue. (c) Posting. (1) If the creation, deletion or boundary change is subject to appeal under section (b) of this sec- tion, the creation, deletion or boundary change shall become effective at such time as notice is posted in the affected area of the location and boundaries of the restricted parking area, and either: (i) The ten (10) day appeal period has expired without an appeal being filed; or (ii) At such time as a decision of the Hearing Examiner is issued on an appeal filed under subsection (b) of this section. (2) If the creation, deletion or boundary change is not subject to appeal under subsection (b) of this section, the creation, deletion or boundary change shall become effective upon posting notice in the partic- ular residential area of the location and boundaries of the residential parking area. (Ord. 4865 §3 (in part), 2003) 10.10.060 RESTRICTED PARKING ZONE PETITIONS IN NON- HISTORICALLY IMPACTED AREAS. Residents may seek to create, delete or change the boundary of a restricted parking area by petitioning in accordance with the process delineated in this section. The process and prerequisites for such modification depend on the type of restriction being sought (Two (2) Hour Zone, One (1) Hour Zone, or Resident Only Zone). Residents may not seek to create, delete or change the 10.10-3 (Revised 1/11) boundary of a restricted parking area for a period of one (1) year following a successful petition. [The histori- cally impacted areas and non-historically impacted areas are shown on the map. See Appendix Figure 060.] (a) Two (2) Hour Zone. If the residents of a block wish to have their area restricted to two (2) hour park- ing, they must: (1) Submit a verified petition of at least two- thirds of the residents of the block indicating support for the change to a Two (2) Hour Zone; and (2) The Director must make a finding that: (i) There is an identifiable parking gen- erator; (ii) It appears that seventy-five percent (75%) or more of the parking spaces located on the peti- tioning block are being used at peak parking hours; and (iii) The conditions described in subsec- tions (a)(2)(i) and (ii) of this section exist on at least three (3) contiguous blocks. (b) One (1) Hour Zone. If the residents of a block wish to have their area restricted to one (1) hour parking, they must: (1) Submit a verified petition of at least two- thirds of the residents of the block indicating support for the change to a One (1) Hour Zone; and (2) Show evidence that the affected block has been restricted to two (2) hour parking or permit only parking for at least the last twelve (12) months. (c) Permit Only Zone. If the residents of a block wish to have their block restricted to permit only park- ing, they must: (1) Submit a verified petition of at least eighty percent (80%) of the residents of the block indicating support for the change to a Permit Only Zone; and (2) Show evidence that the affected block has been restricted to one (1) hour parking or two (2) hour parking for at least twenty-four (24) combined months; however, the twelve (12) months immediately preced- ing the submission of the petition must have been spent as a One (1) Hour Parking Zone; and (3) Show evidence that the affected block has been given one of the following zoning designations: SF-1, SF-2, SF-3, DR, MF, CBR, or MR; and (4) Pay the City, in accordance with Chapter 3.01 BMC, Rate Table B, for a parking capacity survey to be conducted to determine if the petition area is dis- proportionately impacted by non-resident parking. The Director is authorized to set the criteria for this determi- nation. Such criteria must be based on the percentage of parking spaces occupied at peak parking hours and on the percentage of occupied spaces, at peak parking hours, that are occupied by non-residents. (i) If the results of the survey conclude that the petition area is disproportionately impacted by non-resident parking, then the Director of Public Works shall designate the petition area a Permit Only Zone and the designation shall become effective following the appeal period and upon posting as provided for in BMC 10.10.050. (ii) If the results of the survey conclude that the petition area is not disproportionately impacted by non-resident parking, then the petition shall fail and the residents shall not be entitled to submit a new peti- tion for a period of one (1) year. (Ord. 4865 §3 (in part), 2003) 10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY IMPACTED AREAS. The residents of a historically impacted area may have their area restricted to either two (2) hour parking, one (1) hour parking or permit only parking by submit- ting a verified petition of at least two-thirds (2/3) of the residents of the block indicating support for the change to either two (2) hour parking, one (1) hour parking or to permit only parking, respectively. No other steps are necessary. The change shall become effective following the appeal period and posting as required under BMC 10.10.050. Residents of the affected area may only peti- tion for a change once every twelve (12) months. [The historically impacted areas and non-historically impacted areas are shown on the map. See Appendix Figure 060.] (Ord. 4865 §3 (in part), 2003) 10.10.080 ELIGIBILITY CRITERIA FOR PERMIT. Residential parking permits may be issued for motor vehicles not in excess of ten thousand (10,000) pounds only upon application of the following persons: (a) A legal resident of the restricted parking permit area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control. (b) A person who owns or leases commercial property and actively engages in business activity within a restricted parking permit area. There shall be a limit of two (2) residential parking permits issued per dwelling unit/business location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as deter- mined by the Director in his or her sole discretion. (Ord. 4865 §3 (in part), 2003) 10.10.090 PERMIT - ISSUANCE - DISPLAY. Parking permits shall state thereon the particular residential parking permit area, the license number of the motor vehicle for which it is issued and the expira- tion date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left (Revised 1/11)10.10-4 side thereof. A residential parking permit shall not guar- antee or reserve to the holder thereof an on-street park- ing space within the designated residential parking area. (Ord. 4865 §3 (in part), 2003) 10.10.100 PERMIT - RENEWAL - DURATION. Each residential parking permit issued shall be valid for the remainder of the calendar year of issuance plus two (2) calendar years, except residential parking permits issued in the year 2003, which shall expire on December 30, 2006. Permits may be renewed upon expiration. (Ord. 4865 §3 (in part), 2003) 10.10.110 PERMIT - VISITOR. Visitor parking permits are authorized for residents of a residential parking permit area for bona fide tran- sient use. No dwelling unit or place of business located in a restricted parking permit area shall be issued more than one (1) visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar visitors. The following is pro- hibited: (a) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use; or (b) Parking more than one (1) block from the per- mitted residence. (Ord. 4865 §3 (in part), 2003) 10.10.120 PERMIT - LANDLORD. Landlords can qualify for a two (2) month visitor permit for building improvements if the residence is vacant. Upon request a one (1) month extension will be granted. Any extension beyond the automatic one (1) month extension must be accompanied by a detailed timeline for completing the building improvement as well as any required permits from the Department of Community Development. (Ord. 4865 §3 (in part), 2003) 10.10.130 SERVICE VEHICLES. (a) Clearly marked service or delivery vehicles are exempt from the time zone requirements while provid- ing service or making deliveries to dwellings within a restricted parking permit area. Service vehicles shall comply with time limits for parking in commercial zones. (b) Individuals working in a home service industry (home health care, etc.) may apply for an occupational permit to park in a restricted parking permit area. The City may require proof of ongoing continuous work as a condition to maintain a valid permit. (Ord. 4865 §3 (in part), 2003) 10.10.140 PARKING FOR DISABLED PERSONS. (a) A person who has received a current and valid special disabled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.16.381 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (b) of this section. This section shall have no application to those zones or areas in which the stop- ping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.16.381. (b) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46.16.381; provided, pur- suant to RCW 46.16.381, a time limitation of four (4) hours is imposed on the use of such parking spaces for on-street parking when so signed and a time restriction of four (4) hours is imposed on the use of nonreserved, on-street parking spaces by vehicles displaying the spe- cial parking placards when such time restriction is clearly posted. (c) A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581, including fine, time limitation (if applicable), and tow- away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and main- tain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so des- ignated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infrac- tion. (d) No person shall make inaccessible the access aisle located next to a space reserved for physically dis- abled persons. (e) Notwithstanding any provision in this chapter, the City’s Police Department is authorized to appoint volunteers, with a limited commission, to issue notices of infractions for violations of the City’s disabled park- ing regulations. Volunteers must be at least twenty-one (21) years of age and meet such additional qualifications as established by the City’s Police Department. A notice of infraction issued by a volunteer appointed under this 10.10-5 (Revised 1/11) section has the same force and effect as a notice of infraction issued by police officers and parking enforce- ment officers for a violation of the City’s disabled park- ing regulations. (f) Special Plate, Card or Decal Issued by Another Jurisdiction. RCW 46.61.583 is hereby adopted by ref- erence. (Ord. 5114 §1, 2010: Ord. 4865 §3 (in part), 2003) 10.11-1 (Revised 1/11) Chapter 10.11 PARKING ENFORCEMENT Sections: 10.11.005 DEFINITIONS. 10.11.010 PARKING VIOLATIONS. 10.11.020 ENFORCEMENT PROCEDURES. 10.11.030 PENALTIES. 10.11.040 FAILURE TO APPEAR. 10.11.050 NUISANCE DECLARED - APPEAL. 10.11.060 VEHICLE IMPOUND. 10.11.070 COSTS OF IMPOUND. 10.11.080 ENFORCEMENT - EXEMPT PERIODS. 10.11.005 DEFINITIONS. The definitions set forth in BMC 10.10.020 shall apply to this chapter. In addition, the following defini- tions are applicable in this chapter unless the context otherwise requires: (a) "Director" means Director of Public Works or other department director authorized by the Mayor to enforce this chapter, or their designee. (b) "Right-of-way" or "street" means any high- way, avenue, lane, road, drive, place, boulevard, alley, right-of-way, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremer- ton open as a matter of right to public vehicular travel or parking or other similar public use. (c) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is pri- marily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot. (d) "Vehicle" means truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi- trailer, motorcycle, dune buggy, off-road vehicle, or marine vehicle (trailered or nontrailered), whether licensed or unlicensed, or motorized or nonmotorized, unless otherwise defined. (Ord. 5122 §3, 2010: Ord. 4898 §3, 2004) 10.11.010 PARKING VIOLATIONS. In addition to those statutes adopted by reference in BMC 10.04.010 restricting standing, stopping and park- ing of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the fol- lowing actions: (a) Parking in Time Limit and No Repark Zones. (1) Downtown Core. Where a time limit and no reparking is established by official signs, no vehicle may be reparked on either side of the same named street (i.e., Pacific Avenue or 5th Street) in the downtown core during the same calendar day after the expiration of the posted time limit. For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section even if the vehicle is moved prior to the expira- tion of the posted time limit and is reparked on either side of the same named street. (2) Residential. Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four (4) blocks of the original parking location within a residential parking permit area, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone. Vehicles issued permits under Chapter 10.10 BMC shall be exempt from posted time limits according to the terms of the permit. (b) Counterfeit Permits. It is unlawful for any per- son to copy, reproduce, or otherwise counterfeit a park- ing permit or to possess any counterfeit copy or facsimile of a City parking permit. (c) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recip- ient of the permit is no longer eligible pursuant to Chap- ter 10.10 BMC. (d) Counterfeit Tokens, Permits or Script. It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or script distributed by the City for use in any fee collection device. (e) Tampering with Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the useful- ness of any parking meter or collection device. (f) Unauthorized Disabled Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a placard or special license plate as provided for in BMC 10.10.140 and RCW 46.16.381. If a person is charged with a violation, the person shall not be deter- mined to have committed an infraction if the person pro- duces in court or before the court appearance the placard or special license plate required under this section. Additionally, it is a traffic infraction pursuant to subsec- tion (a) of this section for any vehicle displaying the placard or special license plate as provided for in BMC 10.10.140 and RCW 46.16.381 to violate any time restrictions imposed on nonmetered, on-street parking places reserved for persons with physical disabilities as well as nonreserved, on-street parking spaces. (Revised 1/11)10.11-2 (g) Expired Registration. It is unlawful to park any vehicle in a public right-of-way or on public property without a current vehicle license registration tab dis- played according to law. (h) Unlawful Parking in City Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle in a City-owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (i) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time. (j) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (k) Failure to Surrender Permit. The Director is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director, it shall be unlawful for any person to fail to surrender a parking permit as directed. (l) Parking or Storage of Vehicles within Right- of-Way. Except when otherwise provided by right-of- way use permit or other appropriate City or State permit, the parking or storage of vehicles shall be subject to the following parking restrictions: (1) Time Restriction. Parking or storage of any vehicle in excess of seventy-two (72) consecutive hours in a public right-of-way shall be unlawful. During continued consecutive hours of parking, after the initial seventy-two (72) hour period, relocation of the vehicle within five hundred (500) feet, and still within a public right-of-way, shall be considered to be the same location within the right-of-way for purposes of calculating the seventy-two (72) hour parking restriction. (2) Oversized Vehicles - Additional Restric- tions. The City Council finds that the parking and stor- age of vehicles exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds ("oversized vehicles") presents unacceptable risks and hazards to public health, safety and welfare when such vehicles are parked or stored on City streets at times when such vehicles are not engaged in business or commercial activity. Because of these risks and haz- ards to public health, safety and welfare, the City Coun- cil further finds that the parking and storage of such vehicles on City streets should be minimized. Therefore, in addition to the restrictions set forth in subsection (l)(1) of this section, no oversized vehicle may repark in a previously parked location in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period. Relocation of any oversized vehicle within five hundred (500) feet and still within a public right-of- way shall be considered a previously parked location within the right-of-way. (m) Parking Against Traffic. Except when other- wise provided by City Code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park upon a right of way unless: (1) Stopped or parked parallel (or at an angle when authorized) to the traveled portion of the right-of- way; (2) In the direction of authorized traffic move- ment of the right-of-way immediately adjacent thereto; and (3) Within twelve (12) inches of the curb or as close as practicable to the edge of the shoulder. In the event of a conflict between the provisions of this subsection and RCW 46.61.575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC, the provisions of this subsection shall apply. (n) Parking Fee - Nonpayment. It is unlawful to park a vehicle in any parking space monitored by a park- ing fee collection device, including parking meters, without payment as indicated on the collection device. (o) Parking Fee - Time Permitted. It is unlawful to park a vehicle in any parking space monitored by a col- lection device, including parking meters, for a consecu- tive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. (Ord. 5122 §4, 2010; Ord. 5114 §2, 2010; Ord. 4898 §4, 2004; Ord. 4865 §4, 2003; Ord. 4703, Amended, 05/25/2000; Ord. 4667, Amended, 10/28/1999; Ord. 4543, Amended, 03/14/1996; Ord. 4425 §1, 1993; Ord. 4362 §1, 1992; Ord. 4271 §4, 1990; Ord. 4260 §4, 1990; Ord. 4211 §6 (in part), 1989) 10.11.020 ENFORCEMENT PROCEDURES. (a) The parking regulations set forth in this chapter and Chapter 10.04 BMC shall be enforced by the City’s police officers and the City’s parking enforcement offic- ers. (b) If any vehicle is found parked, standing, or stopped in violation of this title, or otherwise violates the provisions of this title, the officer finding the vehicle shall take its license number and may take any other information displayed on the vehicle which may iden- tify its user and shall conspicuously affix to the vehicle a notice of parking infraction. A notice of parking infraction represents a determination that a parking infraction has been committed. The determination will be final unless contested as provided in BMC 1.12.040. (c) In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the notice of parking infraction was stopping, stand- 10.11-3 (Revised 1/11) ing, or parking in violation of any provision of this title, together with proof of registered ownership of the vehi- cle at the time of the violation shall constitute in evi- dence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred, provided the pro- cedure for issuing a parking violation set forth herein has been followed. (Ord. 4211 §6 (in part), 1989) 10.11.030 PENALTIES. Unless specifically set forth elsewhere in this title, the penalties for each parking violation of the provisions of this chapter and Chapter 10.04 BMC, defined as an infraction, shall be pursuant to Chapter 3.01 BMC. (Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Amended, 12/11/1999; Ord. 4542, Amended, 02/08/1996; Ord. 4425 §2, 1993; Ord. 4339 §1, 1991; Ord. 4211 §6 (in part), 1989) 10.11.040 FAILURE TO APPEAR. Any person who has been issued a notice of infrac- tion relating to parking pursuant to BMC 10.11.020(b) and who fails to respond as provided in BMC 1.12.030 shall pay an additional penalty of twenty-five dollars ($25.00), regardless of the disposition of the notice of infraction. This enhanced penalty shall be in addition to a misdemeanor citation which may be issued for failure to respond to notice of infraction. (Ord. 4271 §1, 1990; Ord. 4211 §6 (in part), 1989) 10.11.050 NUISANCE DECLARED - APPEAL. (a) In addition to the enforcement provisions of BMC 10.11.040, if any person fails to respond to three or more outstanding infractions for parking a vehicle in violation of this title, the City Attorney shall mail a dec- laration of vehicle nuisance to the registered and legal owners of said vehicle as shown by the records of the Washington State Department of Licensing informing them that the cited vehicle shall be declared a nuisance and subject to immediate impound or immobilization unless, within ten (10) days, either the owner (1) pays the underlying infractions or (2) appeals the declaration of vehicle nuisance. (b) Appeal of the declaration of nuisance vehicle will be heard by the Hearing Examiner pursuant to Chapter 2.62 BMC. Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the declaration. At the hearing, the owner shall have the burden of showing the registered owner did not fail to respond to three or more outstanding infractions for parking. (Ord. 4547, Amended, 03/28/1996; Ord. 4326 §1, 1991; Ord. 4297 §5, 1990; Ord. 4271 §2, 1990; Ord. 4211 §6 (in part), 1989) 10.11.060 VEHICLE IMPOUND. If the registered or legal owner fails to respond under BMC 10.11.050 to a Declaration of Vehicle Nui- sance, the City Police Department may impound or immobilize said vehicle. If impounded or immobilized, the vehicle shall not be released until (1) the Police Department or towing company receives a receipt or other notice from the Court showing that all infractions and crimes relating to standing, stopping or parking the vehicle have been paid or otherwise resolved, or (2) the owner posts bail with the department in an amount set by the Municipal Court. (Ord. 4297 §6, 1990; Ord. 4271 §3, 1990; Ord. 4211 §6 (in part), 1989) 10.11.070 COSTS OF IMPOUND. The registered owner shall be responsible for all towing and storage costs relating to impounds of a nui- sance vehicle. If the vehicle is immobilized pursuant to this chapter, the Police Department shall affix to said vehicle a notice setting forth procedures for release and directing, that in addition to the payment of fines or posting bail, the owner shall pay an administrative immobilization fee of fifty dollars ($50.00) before the vehicle may be released. (Ord. 4211 §6 (in part), 1989) 10.11.080 ENFORCEMENT - EXEMPT PERIODS. Restrictions on parking, as set forth in this chapter, shall not be effective on City holidays set forth in BMC 1.02.020 or such additional days specifically exempted by Council resolution. Enforcement in the commercial parking zones and two (2) hour residential parking zones shall be at times posted. (Ord. 4426 §1, 1993; Ord. 4297 §1, 1990; Ord. 4260 §2 (in part), 1990; Ord. 3723 §2, 1982) 10.12-1 (Revised 1/11) Chapter 10.12 SKATEBOARDS Sections: 10.12.010 SKATEBOARDS - RESTRICTIONS. 10.12.020 VIOLATION - PENALTY. 10.12.010 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 bounded by 6th Street, War- ren 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. 5121 §1 (part), 2010: Ord. 5005 §1, 2007; Ord. 4268 §1 1990; Ord. 4133 §1, 1987. Formerly 10.12.030) 10.12.020 VIOLATION - PENALTY. Any person violating any of the provisions of BMC 10.12.010 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. 5121 §1 (part), 2010: Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 4466 §1, 1994; Ord. 4133 §1, 1987. Formerly 10.12.040) 15.06-1 (Revised 1/11) Chapter 15.06 ASSESSMENTS, RATES, FEES AND CHARGES Sections: 15.06.010 PURPOSE. 15.06.015 ASSESSMENTS, RATES, FEES AND CHARGES - ESTABLISHED. 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 ASSESSMENTS, RATES, FEES AND CHARGES - ESTABLISHED. Assessments, rates, fees and charges for services relating to the Department of Public Works and Utilities for water, wastewater, stormwater and other related ser- vices are established by resolution or ordinance and are on file with the City Clerk and may be posted or linked on the City of Bremerton’s website.* (Ord. 5131 §1, 2010: Ord. 5103 §3, 2010; Ord. 5070 §1, 2008; Ord. 5051 §1 (Exh. A), 2008; 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) * Code reviser’s note: The link to the Rates and Fees page of the City website is: http://www.ci.bremerton.wa.us/display.php?id=1136. The link to the Utility Rates Table is: http://www.ci.bremerton.wa.us/forms/city/UtilityRates.pdf. 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 1/11)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 1 0 - 330 2 331 - 660 3 661 - 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. 15.06-5 (Revised 1/11) 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, duplex, and multifamily residential customers shall be deter- mined based on the previous six (6) month average win- ter 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 determined 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 a 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. (b) Multiple Residential/Commercial Units on Single Meter. Any commercial account that has residen- tial living units above the commercial business and/or multiple business suites/buildings served by a single meter will be assessed a monthly flat fee based on the total number of units at that location. The commercial account discharge strength will determine the sewer rate level. (c) Commercial or Industrial Out of Class Dis- charge. Any commercial or industrial account that is connected to the City of Bremerton sewer system and the amount of wastewater discharged or the strength of the wastewater discharge for that property is different than those defined by the current billing rates will need to be assessed on an individual basis. The assessment will be determined and approved by the Department and a special billing rate will be established for that busi- ness. (Ord. 5131 §3, 2010: Ord. 5054, Amended, 08/20/2008; 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 (Revised 1/11)15.06-6 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: (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 15.06-6.1 (Revised 1/11) 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. 17.04-1 (Revised 1/11) 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, 2009 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. (b) The International Residential Code, 2009 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC. (c) The International Mechanical Code, 2009 Edi- tion, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC. (d) The Uniform Plumbing Code, 2009 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, 2009 Edition, published by the International Code Council, Inc. (f) The International Fuel Gas Code, 2009 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. One (1) copy of each of these codes is on file with the City’s Building Official. (Ord. 5113 §1, 2010: 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- 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.” (Revised 1/11)17.04-2 17.04.080 (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 113 of the Interna- tional Building Code, entitled "Board of appeals," is amended by substituting Section 113 with the follow- ing: Sec. 113 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. 5113 §2, 2010; 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. (c) Sec. R313 Automatic Fire Sprinkler Systems. Automatic Fire Sprinkler Systems is adopted with the exception of R313.2, One- and two-family dwellings automatic fire systems. (Ord. 5113 §4, 2010; Ord. 4904 §1, 2004) 17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE. The following local amendments to the Interna- tional Mechanical Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Mechanical Code as if fully set forth therein. (a) Violations - Penalties. Section 108 of the Inter- national Mechanical Code, entitled "Violations," is amended by substituting Subsection 108.4 with the fol- lowing: Sec. 108.4 Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs mechanical work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provi- sions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremer- ton Municipal Code or as otherwise provided by law. (b) Means of Appeal - Board of Appeals. Section 109 of the International Mechanical Code, entitled "Means of Appeal," is amended by substituting Section 109 with the following: Sec. 109 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suit- ability of alternate materials, designs, and meth- 17.04-3 (Revised 1/11) Bremerton Municipal Code 17.04.110 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 Pools, Spas and Hot Tubs," Subsections 304.3 "Pre- (Revised 1/11)17.04-4 17.04.130 mises identification," 304.14 "Insect screens," 304.17 "Guards for basement windows," 304.18.1 "Doors," Section 307 "Handrails and Guardrails," Section 308 "Rubbish and Garbage," and Subsection 309.5 "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. 5113 §3, 2010; 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) 17.60-3 (Revised 1/11) 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 Kitsap County and Incorporated Areas" dated November 4, 2010, and any revisions thereto, with accompanying Flood Insurance Rate Maps, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insur- ance Study is on file at the Bremerton Department of Community Development, 345 6th Street, Suite 600, Bremerton, WA 98337. (Ord. 5127 §1, 2010: Ord 5123 §1, 2010: 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 1/11)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. 18.02-1 (Revised 1/11) 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. 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS. 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 45, 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. It is understood the fire code and its referenced documents are to provide a framework for the fire and life safety requirements to protect the citizens and emergency responders from the predictable situations the codes reg- ulate. Therefore under no circumstance shall any space, occupancy or other location be allowed to be occupied or otherwise utilized, whether temporarily or perma- nently, without the Fire Code Official’s written authori- zation. (Ord. 5112 §1 (part), 2010: 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, 2009 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, 2009 Edi- tion, Appendices B, C, D, H, and J, and as further amended in this chapter, is hereby adopted and incorpo- rated by this reference. One (1) copy of the International Fire Code is on file with the City’s Fire Code Official. (Ord. 5112 §1 (part), 2010: 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 (Revised 1/11)18.02-2 chapter, the Bremerton Municipal Code provisions shall govern. (Ord. 5112 §1 (part), 2010: 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 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, smoke and heat vents, draft curtains, smoke control, fire sprinkler and fire alarm systems, in- cluding temporary provisions and without limita- tion such as fire watch, fire department standby, blocking of roads and additional fire safety in- spections. (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 Subsections 105.1.4 and 105.3.6.1: Sec. 105.1.4 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. Sec. 105.3.6.1 Unsafe Situations: Actions tak- en outside of the guidelines contained within any permit required by section 105 of the IFC shall be deemed unsafe and shall entitle the fire code official to immediately have all utilities in- cluding but not limited to: electricity, water, sew- er and gas shut off or otherwise disconnected from the site. Utilities shall not be restored with- out the conditions of all required permit(s) re- solved. (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 18.02.190 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 18.02.180 of the Bremerton Mu- nicipal Code or as otherwise provided by law. 18.02-3 (Revised 1/11) (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. Exceptions. Maintenance, energy conserva- tion and cosmetic improvements which do not require a permit of any kind are not considered structural remodels. (Ord. 5112 §1 (part), 2010: 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 Protection," 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. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS. The following local amendments to Chapter 4 of the International Fire Code, entitled "Emergency Plan- ning and Preparedness," are hereby adopted: Sec. 401.9 Hardwired Telephones. All occu- pancies with hardwired telephones, new and existing, when 911 is dialed shall correctly re- port the address of the actual location dialed from. (Ord. 5112 §1 (part), 2010) 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: (Revised 1/11)18.02-4 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 or likely to be used during emergency operations, including EMS, the bridge or elevated surface shall be con- structed and maintained in accordance with specifications established by the fire code offi- cial 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 Stan- dard Specifications for Highway Bridges. Bridg- es and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of a 35 or more ton fire apparatus, the total im- posed load to be determined by the fire code of- ficial. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces de- signed for emergency vehicle use are adjacent to surfaces which are not designed for that use, approved barriers or approved signs, or both, shall be installed and maintained, if required by the fire code official. (d) Fire Apparatus Access Roads - Marking. Sec- tion 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.3 with the following: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways. Subject to the fire code offi- cial’s prior written approval, marked fire appara- tus access roads, or "fire lanes" as defined in section 502.1 of the code, may be established or relocated at the time of plan review, pre-con- struction site inspection, and/or post construc- tion site inspection as well as any time during the life of the occupancy. Only those fire appa- ratus access roads established by the fire code official can utilize red marking paint and the term "fire lane." Once a fire lane is established it shall be maintained in a clean and legible con- dition at all times or repair/replaced to maintain visibility. 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, 18.02-5 (Revised 1/11) 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. (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 which do not require a permit of any kind are not considered structural remodels. (Revised 1/11)18.02-6 (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 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new Subsection 507.1.1 as follows: Sec. 507.1.1 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 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.1 with the following: Sec. 507.5.1 Where required. All buildings or structures shall be located so that there is at least 1 hydrant within 150 feet, and no portion of the building or structure is more than 300 feet from a hydrant, as measured by an approved route. Exceptions: 1. For Group R-3 and Group U occupancies the distance required shall be 600 feet (183 m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). (j) Fire Protection Water Supplies - Installation Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.7 with the following: Sec. 507.5.7 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 1234 Washington Ave 18.02-7 (Revised 1/11) 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 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.6 as follows: Sec. 507.6 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. 507.6.1 In-service notification. The fire code official shall be notified when any newly in- stalled hydrant or main is placed into service. Sec. 507.6.2 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 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.7 as follows: Sec. 507.7 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 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.8 as follows: Sec. 507.8 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 509 of the International Fire Code, entitled "Fire Department Access to Equipment," is amended by substituting Subsection 509.1 with the fol- lowing: Sec. 509.1 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 (Revised 1/11)18.02-8 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. 5112 §1 (part), 2010: 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 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 which do not require a permit of any kind are not considered 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 reviewed, installed, inspected, tested, and maintained in accordance with the National Fire Protection Association ("NFPA") standards listed in Table 901.6.1 below. 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 18.02-9 (Revised 1/11) (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- 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. 5112 §1 (part), 2010: 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- 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 (Revised 1/11)18.02-10 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: 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. 18.02-11 (Revised 1/11) 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, Group B ambulatory health care facilities, with the following: Sec 903.2.2 Group B ambulatory health care facilities. An automatic fire sprinkler system shall be installed throughout all building con- taining a Group B occupancy used for ambula- tory health care facilities. (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, Group E, with the fol- lowing: Sec. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupan- cies as follows: 1. Throughout all buildings with a group E fire area. 2. 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- rooms shall be separated as required in Chap- ter 5 of the building code. 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. Maintenance, energy conservation and cosmetic improvements not requiring a permit are not considered structural remodels. (i) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.4, Group F-1, with the following: Sec. 903.2.4 Group F-1: 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. (j) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.7 with the following: Sec. 903.2.7 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. (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 R. An automatic sprinkler system installed in accordance with Section 9.3.3 shall be provided throughout all buildings with a Group R fire area. Sec. 903.2.8.1 Existing Group R-1 and R-2 buildings shall install a full fire sprinkler system when any one of the following occurs: (1) A fire occurs which migrates from the unit of origin to involve a neighboring unit. (Revised 1/11)18.02-12 (2) Two or more separate fires occur, which re- quire a fire department response, in the same complex within a two year span. Sec. 903.2.8.2 Sprinkler heads in kitchens shall be installed (on the ceiling) with at least one sprinkler head no more than 4 feet out from the front of the stove top. (l) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.9 with the following: Sec. 903.2.9 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. (m) 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 903.2.9.3: Sec. 903.2.9.3. 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. (n) 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. Sprin- klers shall not be omitted from any room merely because it is damp, of fire-resistance rated con- struction or contains electrical equipment. 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. (o) 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. (p) 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 18.02-13 (Revised 1/11) 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. (q) Automatic Sprinkler Systems - Alarms. Sec- tion 903 of the International Fire Code, entitled "Auto- matic Sprinkler Systems," is amended by substituting Subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be con- nected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor operated and shall be provided on the exterior of the building in an approved loca- tion at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 903.4.2.1 Alarms - Interior notification. Actu- ation of the automatic sprinkler system shall ac- tuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is in- stalled. The fire alarm system notification cir- cuits shall provide the interior notification. 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. (r) 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. 5112 §1 (part), 2010: 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 907.1.2: Sec. 907.1.2 Fire Alarm Shop Drawings. 14. A Bremerton Fire department submittal checklist. 15. A copy of the device/zone map. 16. 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- (Revised 1/11)18.02-14 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 annunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s). Graphic annunciators shall be utilized in all highrises 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 - Retroactive R-2 Visible Notification. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Subsection 907.10 as follows: Sec. 907.10 Retroactive R-2 visible notifica- tion. 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 907.4.1. The amended Subsection 907.4.1 reads as follows: Sec. 907.4.1 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 trouble. (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 907.5 with the following: Sec. 907.5 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. 18.02-15 (Revised 1/11) 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 907.9.1: Sec. 907.9.1 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 907.11: Sec. 907.11. 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. (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 907.12, 907.13, 907.14 and 907.14.1: Sec. 907.12. 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. 907.13. 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. 907.14. Technician Qualifications. Per- sons who install fire alarm systems shall be li- censed by the State of Washington in low voltage. A trainee shall not be allowed to install, lay out, design or otherwise work on a fire alarm system, new or existing, without direct on-site supervision of the trainee’s work. Trainees are not permitted to perform any work unsuper- vised. 907.14.1 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. 5112 §1 (part), 2010: 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. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007) (Revised 1/11)18.02-16 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. 5112 §1 (part), 2010: 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. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS. The following local amendment to Chapter 27 of the International Fire Code, entitled "Hazardous Materi- als - General Provisions," is hereby adopted and incor- porated into the International Fire Code as if fully set forth therein: (a) Storage - Ventilation - System Requirements. Section 2704 of the International Fire Code, entitled "Storage," is amended by substituting Subsection 2704.3.1 with the following: Sec. 2704.3.1 System requirements. Exhaust ventilation systems shall comply with all of the following: 1. Installation shall be in accordance with the International Mechanical Code. 2. Mechanical ventilation shall be at a rate of not less than 1 cubic foot per minute per square foot [0.00508 m3/(s · m2)] of floor area over the storage area. 3. Systems shall operate continuously unless alternative designs are approved. 4. A manual shutoff control shall be provided outside of the room in a position adjacent to the access door to the room or in another location, if approved by the fire code official. The switch shall be of the break-glass type and shall be la- beled: VENTILATION SYSTEM EMERGENCY SHUTOFF: FIRE DEPARTMENT USE ONLY. 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. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 45, MARINAS. The following local amendment adding a new Chapter 45 of the International Fire Code, entitled "Marinas," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: 18.02-17 (Revised 1/11) Chapter 45 MARINAS 4501 Scope Marina facilities shall be in accordance with this chapter. 4501.2 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. 4501.2.1 Permits Permits are required to use open-flame devices for maintenance or repair on vessels, floats, piers or wharves. 4502 DEFINITIONS 4502.1 Definitions. The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the mean- ings shown herein. FLOAT is a floating structure normally used as a point of transfer for passengers and goods, or both, for mooring purposes. MARINA is any portion of the ocean or inland water, either naturally or artificially protected, for the mooring, servicing or safety of vessels and shall include artificially protected works, the public or private lands ashore, and structures or facilities provided within the enclosed body of water and ashore for the mooring or servicing of vessels or the servicing of their crews or pas- sengers. PIER is a structure built over the water, support- ed by pillars or piles, and used as a landing place, pleasure pavilion or similar purpose. VESSEL is watercraft of any type, other than seaplanes on the water, used or capable of be- ing used as a means of transportation. Included in this definition are nontransportation vessels such as houseboats and boathouses. WHARF is a structure or bulkhead constructed of wood, stone, concrete or similar material built at the shore of a harbor, lake or river for vessels to lie alongside of, and piers or floats to be an- chored to. 4503 GENERAL PRECAUTIONS 4503.1 Combustible Debris. Combustible de- bris and rubbish shall not be deposited or accu- mulated on land beneath marina structures, piers or wharves. 4503.2 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. 4503.3 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. 4503.4 Rubbish Containers. Containers with tightfitting or selfclosing lids shall be provided for the temporary storage of combustible trash or rubbish. 4503.5 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. 4503.6 Berthing and Storage. Berthing and storage shall be in accordance with NFPA 303, Chapter 5. 4503.7 Addressing. Each slip shall be num- bered and clearly marked. 4504 FIRE-PROTECTION EQUIPMENT 4504.1 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. 4504.2 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. (Revised 1/11)18.02-18 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. 4504.3 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. 4504.4 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. 4504.5 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. 4505 MARINE MOTOR VEHICLE FUEL-DIS- PENSING STATIONS 4505.1 Fuel-Dispensing. Marine motor vehicle fuel-dispensing stations shall be in accordance with Chapter 22 of this code. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. The following local amendments to Appendix D to the International Fire Code, entitled "Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Minimum Specifications - Grade. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.2 with the following: Sec. D103.2 Grade. Fire apparatus access roads shall not exceed 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. 5112 §1 (part), 2010: 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. 5112 §1 (part), 2010: 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 false alarm shall be deemed and construed as being: the activation of any fire protection system due to some form of main- tenance or lack of maintenance element. (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 or activate any fire protection 18.02-19 (Revised 1/11) 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 per BMC 3.01.060, Fire Department - Rate Table E. (f) Definitions. (1) "False alarm" shall mean the activation of a fire protection system at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department. (2) "Fire Code Official" shall mean the Chief of the Fire Department or his designated representative. (3) "Person" shall mean any person, firm, partnership, association, corporation, company or orga- nization of any kind. (4) "Preventable false alarm" shall mean a false alarm caused or initiated or allowed to be caused or initiated by the premises owner, or by a representa- tive, assignee, or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance. (5) "Unpreventable false alarm" shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alarm, make a written report to the Fire Code Official setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the Fire Code Official may reasonably require to determine the cause of such false alarm and the prescribed action nec- essary. (h) The determination whether or not a false alarm was preventable shall be made by the Fire Code 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. 5112 §1 (part), 2010: 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. 5112 §1 (part), 2010: 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. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. Formerly 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 fire codes cited in this chapter. The City Hearings Examiner, however, shall have no authority relative to interpretation of the administrative provi- sions of these codes, nor shall the City Hearings Exam- iner be empowered to waive requirements of these fire codes and referenced codes. (2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of prop- erty to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or deci- sion, or who would be aggrieved or adversely affected by a reversal or modification of the order, determina- (Revised 1/11)18.02-20 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. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. Formerly 18.02.180) 20.40-3 (Revised 1/11) Bremerton Municipal Code Figure 20.40(a) not found to be an allowable accessory use to the princi- ple use shall be prohibited within that zone unless allowed otherwise by law. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.170 COMPREHENSIVE PLAN AND ZONING CONSISTENCY. Regulations used to implement the Comprehensive Plan must be consistent with the Plan. Figure 20.40(b) identifies the relationships between a Comprehensive Plan designation and establishes the zoning districts that may be approved within each Comprehensive Plan des- ignation. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.180 ENFORCEMENT. (a) It is the duty of the Director to enforce the pro- visions of this title. Enforcement actions may include one or more of the following: (1) Withhold or revoke land use permits or approvals; (2) Withhold or revoke building permits for construction or alteration of a structure, abatement of structures; (3) Revocation of use permits and variances; (4) Enforcement through Chapter 1.04 BMC; (5) Filing a court action in a court of compe- tent jurisdiction. (b) Land Use/Permit Revocation. A permit or land use approval may be revoked if: (1) The work is not authorized by a valid per- mit or approval; (2) Inaccurate or incorrect information was used to obtain the permit or approval or the permit or approval was issued in error; (3) The permittee is not complying with the terms of the permit or approved plans; (4) The permittee is in violation of the requirements of this chapter or of any land use ordi- nance, statute, or regulation; or (5) The work is, in the Director’s judgment, a hazard to property or public safety, is adversely affect- ing or about to adversely affect adjacent property or rights-of-way, a drainage way, watercourse, sensitive areas or storm water facility, or is otherwise adversely affecting the public health, safety, or welfare. (c) Revocation of a permit or land use approval shall be made by: (1) The Director for Type I and Type II per- mits subject to the right of appeal as set forth in BMC 20.02.140. (2) The Administrative Hearing Examiner for a Type III permit subject to the right of appeal as set forth in BMC 20.02.140 and Chapter 36.70C RCW. (3) The Council for a Type IV permit as set forth in BMC 20.02.140 and Chapter 36.70C RCW pro- vided by law. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.190 PROHIBITION OF FURTHER PERMITS OR APPROVALS. The City shall not accept, process, or approve any application for a subdivision or any other land use per- mit or approval, or issue a certificate of occupancy for property on which a violation of this title has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.40.200 VIOLATION - PENALTY. (a) Any violation of any provision of this title con- stitutes 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 title shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 4950 §8 (Exh. A) (part), 2005) Figure 20.40(a) The following figure lists the zones in BMC Title 20, Land Use, by major category of residential, commercial, industrial, centers and special districts. Figure 20.40(a) ZONING DESIGNATIONS Category Zoning District Chapter Residential Low Density Residential (R-10) 20.60 Multiple Residential (MR) 20.77 City Core Residential (CCR) 20.78 (Revised 1/11)20.40-4 Figure 20.40(b) (Ord. 4950 §8 (Exh. A) (part), 2005) Figure 20.40(b) The following figure lists the Bremerton Comprehensive Plan Land Use Map designations with corresponding BMC Title 20, Land Use, implementing zoning districts. Commercial Commercial Corridor (CC) 20.62 Wheaton Way Redevelopment Corridor (WWRC) 20.64 Neighborhood Business (NB) 20.82 Limited Commercial (LC) 20.84 Freeway Corridor (FC) 20.86 Industrial Marine Industrial (MI) 20.88 Industrial Park (IP) 20.90 Industrial (I) 20.94 Downtown Center and Centers Neighborhood Center Core (NCC) 20.66 District Center Core (DCC) 20.70 Business Core (BC) 20.74 Downtown Core (DC) 20.75 Downtown Waterfront (DW) 20.76 Employment Center (EC) 20.92 Master Development (MD) 20.80 Special Districts City Utility Lands (CUL) 20.96 Watershed (WS) 20.97 Institutional (INST) 20.98 Figure 20.40(a) ZONING DESIGNATIONS (Continued) Category Zoning District Chapter Figure 20.40(b) COMPREHENSIVE PLAN/ZONING CONSISTENCY COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS Low Density Residential (LDR) Open Space (OS) Low Density Residential (R-10) Core Centers Supporting Residential (CCSR) City Core Residential (CCR) Neighborhood Centers (NC) Low Density Residential (R-10) Neighborhood Center Core (NCC) District Centers (DC) Low Density Residential (R-10) District Center Core (DCC) Employment Center (EC) Employment Center (EC) Master Development (MD) Institutional (INST) Low Density Residential (R-10) Downtown Regional Center (DRC) Commercial Corridor (CC) Business Core (BC) Downtown Core (DC) Downtown Waterfront (DW) Multiple Residential (MR) Neighborhood Business (NB) Limited Commercial (LC) Low Density Residential (R-10) 20.40-5 (Revised 1/11) Bremerton Municipal Code Figure 20.40(b) (Ord. 5111 §2, 2010: Ord. 5091 §3, 2009: Ord. 4950 §8 (Exh. A) (part), 2005) Manufacturing and Industrial Center (MIC) Industrial (I) Commercial Corridor (CC)Commercial Corridor (CC) Wheaton Way Redevelopment Corridor (WWRC) Wheaton Way Redevelopment Corridor (WWRC) Freeway Corridor (FC)Freeway Corridor (FC) Neighborhood Business (NB) Neighborhood Business (NB) Limited Commercial (LC)Limited Commercial (LC) Industrial (I) Industrial (I) Industrial Park (IP) City Utility Land (CUL) Industrial Park (IP) Industrial Park (IP) Marine Industrial (MI) Marine Industrial (MI) Higher Education (HE) Institutional (INST) Public Sector Redevelopment Site (PSRS) Low Density Residential (R-10) Master Development (MD) Institutional (INST) Transportation, Utilities and Public Facilities (TUPF) Industrial Park (IP) City Utility Lands (CUL) City Utility Lands (CUL) City Utility Lands (CUL) Watershed Lands (WS) Watershed Lands (WS) Reserve Center (RC) (Overlay) Per the implementing zones of the underlying Comprehensive Plan designation Homeport - PSNS Industrial Support - PSNS PSNS Figure 20.40(b) COMPREHENSIVE PLAN/ZONING CONSISTENCY (Continued) COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS 20.48-1 (Revised 1/11) Bremerton Municipal Code 20.48.040 Chapter 20.48 OFF-STREET PARKING REQUIREMENTS Sections: 20.48.010 INTENT. 20.48.020 APPLICABILITY. 20.48.030 NONCONFORMITIES. 20.48.040 GENERAL REQUIREMENTS. 20.48.050 MODIFICATIONS TO PARKING DEVELOPMENT STANDARDS. 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS. 20.48.080 NONRESIDENTIAL PARKING DEVELOPMENT STANDARDS. 20.48.100 PARKING REDUCTION. 20.48.120 UNLISTED USES. 20.48.140 HANDICAP ACCESSIBLE PARKING. 20.48.160 LOADING/UNLOADING SPACES. 20.48.180 OTHER REQUIRED PARKING SPACES. 20.48.200 RENT OF RESIDENTIAL PARKING. 20.48.220 SATELLITE PARKING. 20.48.240 JOINT USE OF PARKING FACILITIES. 20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS. 20.48.010 INTENT. The intent of this chapter is to require off-street parking and loading facilities in proportion to the park- ing and loading demand of land uses while minimizing the amount of impervious surface where possible. The purpose of the regulations and design standards are to ensure the usefulness of parking and loading facilities, to protect the public safety, to mitigate adverse land use impacts and to protect the visual, water and air quality of the community. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.020 APPLICABILITY. (a) General. The provisions of this chapter shall be applied at the time of erection of any building or struc- ture, or at the time any principal building or structure is enlarged or increased in capacity unless provided for otherwise by law. This chapter shall be used in conjunc- tion with specific off-street parking requirements set forth in BMC Title 20. (b) Change of Use or Occupancy. The number of off-street parking spaces shall be provided in accor- dance with the requirements of this chapter if a change in the use or occupancy of an existing building or struc- ture results in a significant increase in the parking requirement, which shall be determined by calculating the difference between the required and existing number of parking spaces. If the difference is more than fifteen (15) percent of the existing parking spaces, or if the dif- ference is more than three (3) parking spaces, whichever number is larger, it shall be determined to be a signifi- cant increase. (c) Expansion of Structure/Use. When an existing structure or use is expanded, additional off-street park- ing spaces shall be provided in accordance with the requirements of this chapter, except when the expansion necessitates the addition of three (3) or fewer parking spaces. The number of additional spaces shall be com- puted only to the extent of the enlargement, regardless of whether or not the number of previous existing spaces satisfies the requirements of this chapter. (d) Movement of Building. If a building is moved to a new lot, off-street parking spaces shall be provided in accordance with the requirements of this chapter. (e) Change in Ownership. Additional off-street parking shall not be required because of a change in ownership or tenancy, provided the use and the building remain unchanged. (f) Rehabilitation. Additional off-street parking spaces are not required because of a building remodel or improvements if: (1) The remodel or improvements are con- tained within the existing envelope of the building or structure; (2) The inside gross floor area is not increased by more than ten (10) percent; and (3) No additional residential dwellings are created. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.030 NONCONFORMITIES. Any use which, on the effective date of the ordi- nance codified in this chapter or any amendments hereto, is nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were conforming unless any of the provisions set forth in BMC 20.48.020 would apply. However, in no case shall nonconforming parking have its existing number of off-street parking spaces reduced. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.040 GENERAL REQUIREMENTS. The following requirements are applicable to all zoning districts: (a) Occupancy. No building or structure shall be approved for occupancy unless adequate parking facili- ties are provided consistent with the requirements of this chapter. (Revised 1/11)20.48-2 20.48.050 (b) Availability. All required off-street parking spaces shall be made available and continuously main- tained for the parking of residents, customers, patrons and employees of the related land uses and shall not be rented, leased or otherwise assigned to any person or organization not related to the principal or accessory land use. (c) Plans Required. No building permit shall be issued until the applicant has submitted satisfactory plans to the City showing how the off-street parking and loading facilities required by this chapter will be pro- vided and maintained. Development of a parking lot without a building or other structure does not require a building permit, but does require site plan review in accordance with BMC 20.58.080. (d) Maintenance. It shall be the responsibility of the property owner to ensure that parking areas and driveways are continually maintained in good condition and free of refuse and debris. All required landscaping shall be kept in a healthy condition and properly main- tained. (e) Nonparking Activities. No business, tempo- rary or permanent display, or other nonparking activity shall occur on any required parking space. (f) Parking Prohibited. Parking is prohibited on landscaped or other areas not designed and approved for parking. (g) Unobstructed Access and Circulation. (1) Unobstructed vehicular access to and from public or private streets shall be provided for all off- street parking spaces. Vehicular access drives shall be designed to ensure the safety of persons using such access or traveling on the public street. (2) Required parking and all maneuver areas shall remain free of all obstructions. (3) No parking space may block access to another parking space unless the City has approved a tandem parking design and valet parking with a tenant is made available during hours of operation. (4) Except for single-family and duplex struc- tures on individual lots, parking spaces shall be designed to prevent the backing of vehicles onto a pub- lic right-of-way, or a private street other than an alley. (h) Shared Driveways. Shared driveways are encouraged for abutting lots whenever practical. Approval shall include easements granting access to all property owners using the shared driveway. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.050 MODIFICATIONS TO PARKING DEVELOPMENT STANDARDS. The parking development standards included in BMC 20.48.060 and 20.48.080 are base standards. Indi- vidual zone chapters may provide additional parking standards, or departures from these base standards. In cases of conflict, parking development standards in individual zone chapters shall supersede. Further reduc- tions from base parking standards may be allowable per BMC 20.48.100. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street park- ing spaces for all residential development: (a) Surface. Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Gravel Surface Driveway. A gravel surface driveway may be allowed for a single-family residence for that portion of the driveway that is more than one hundred (100) feet from the lot line where access is pro- vided. Any driveway approved for a gravel surface shall include a paved apron in front of the garage automobile door entrance extending a minimum depth of eighteen (18) feet and at least the width of the garage door. (c) Side Yard Setback. Minimum three (3) feet. When parking is located in an approved driveway, the setback for parking may be reduced to zero (0) feet. (d) Rear Yard Setback. Minimum three (3) feet. When parking is located in an approved driveway, the setback for parking may be reduced to zero (0) feet. (e) Alley Setback. Zero (0) feet. (f) Front Yard Setback. No parking shall be located within the front yard setback area of the zone, except within paved driveways, unless allowed other- wise by law. (g) Stall Dimensions. (1) Parking stalls for a single-family dwelling shall have a minimum width of eight (8) feet and depth of eighteen (18) feet. (2) Parking facilities for two (2) or more dwellings shall comply with the design standards pre- scribed in BMC 20.48.080. These design standards may be modified to allow stacked parking spaces for a resi- dential structure containing up to four (4) dwellings, provided the parking spaces comply with setbacks. (h) Driveways. (1) A driveway may be located within any set- back area for a residential use, provided it complies with all applicable city street and engineering standards established in BMC Title 11. (2) The driveway shall not be less than eight (8) feet in width and not more than twenty (20) feet in width within the front yard setback. The Director may approve exceptions to the maximum driveway width when necessary for compliance with the Americans with Disabilities Act (ADA) standards. 20.48-3 (Revised 1/11) Bremerton Municipal Code 20.48.080 (i) Required Parking Spaces. The number of off-street parking spaces shall be provided in accordance with the use and the following corresponding standards, except as modified per BMC 20.48.050: (Ord. 5118 §2, 2010: Ord. 4950 §8 (Exh. A) (part), 2005) 20.48.080 NONRESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street park- ing spaces for all nonresidential developments and park- ing lots: (a) Surface. Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Side and Rear Yard Setbacks. Parking spaces shall be set back a minimum of five (5) feet from the side and rear lot lines unless adjacent to the low density residential zone in which case a minimum of ten (10) feet of visual screening is required pursuant to BMC 20.50.050. Projects which are not adjacent to low den- sity residential may reduce setbacks to zero (0) if the fol- lowing are incorporated into the design of the parking area: (1) A solid fence or wall is provided; and (2) Landscaped islands at least forty-five (45) square feet of area are provided in a manner that breaks up parking spaces adjacent to the lot line into groups of not more than six (6) spaces each. (c) Front Yard Setbacks. Parking spaces shall be set back a minimum of ten (10) feet from the front lot line. (d) Parking Setbacks in Structures. When parking is incorporated within a structure, the parking shall com- ply with the setbacks of the zone applicable to the struc- ture. (e) Stall and Aisle Requirements. Parking facili- ties for required parking shall meet the minimum stall and aisle dimensions set forth in Figure 20.48(a). (f) Modifications to Parking Stall Requirements. The standards set forth in subsection (e) of this section may be modified to allow for a vehicle overhang of up to two and one-half (2.5) feet, provided: (1) Wheel stops are attached to the ground or pavement if curbs are not provided; (2) The vehicle overhang would not extend beyond the lot line or into front yard setback areas; (3) Walkways maintain a minimum three (3) foot wide (four (4) feet for handicap access routes) unimpeded passage for pedestrian passage beyond the two and one-half (2.5) foot overhang. (g) Driveways. The width of nonresidential drive- ways shall be based on the location, intended usage, and other factors and shall be in accordance with State and City engineering standards. (h) Internal Parking Lot Design. Parking facilities shall incorporate the following features to provide safe and efficient circulation for vehicles and pedestrians: (1) Standard traffic control signs and devices to direct traffic; (2) Signs, crosswalks, raised pedestrian walk- ways and night lighting to provide for safe pedestrian movement; (3) Landscaped islands, raised curbs, and striping to define parking lot entrances, end of parking aisles and the patterns of internal circulation; and (4) Overall design coordination and adher- ence to all applicable design standards. (i) Landscaping. Landscaping shall be provided in accordance with the requirements prescribed in Chapter 20.50 BMC. (j) Lighting. Parking areas shall be lighted for the safety of pedestrians and vehicle circulation on the site in the following manner: (1) Lights are hooded or beamed so that there is no undesirable glare directed onto any adjacent streets or property; and Type of Use Number of Bedrooms Minimum Number of Parking Spaces (1) ADU See BMC 20.46.010 (2) Single-unit residential All 2.0 per dwelling (3) Two-unit residential All 2.0 per dwelling (4) Multi-unit residential 1 or less 1.5 per dwelling (5) Multi-unit residential 2 1.75 per dwelling (6) Multi-unit residential 3 or more 2.0 per dwelling (7) Group residential facility, Class I 2.0 plus 1.0 for each bedroom beyond the first 4 plus 1.0 for each 300 square feet of gross floor area used for counselingGroup residential home Adult family home (Revised 1/11)20.48-4 20.48.080 (2) Lighting shall be designed adequately to illuminate the parking area while preventing the direct illumination of adjacent properties. (k) Signage and Striping. Directional signs and pavement markings shall be used to control vehicular movement within parking areas and to mark spaces. (1) The locations of parking spaces shall be clearly indicated by curb markings, wheel stops, bol- lards, or other means. (2) Incidental signs within parking lots shall be limited to two (2) square feet in size. (3) No signs other than those indicating entrances, exits, name of the lot or the establishment to which the lot is accessory, conditions of use, or identifi- cation of disabled parking spaces shall be erected. (4) Signage for handicap spaces shall comply with the requirements prescribed in RCW 70.92.120. (l) Required Parking Spaces. The number of off- street parking spaces shall be provided in accordance with the use and following corresponding standards except as modified per BMC 20.48.050: Category of Land Use Minimum Number of Parking Spaces BUSINESS/COMMERCIAL: (1) Barber shop/beauty salon 1 per 75 sq. ft. gross floor area (g.f.a.) (2) Bank/financial 1 per 350 sq. ft. g.f.a. (3) Laundry (self-service) 1 per 4 washing machines, with a minimum of 5 required (4) Office 1 per 300 sq. ft. g.f.a (5) Retail store less than 15,000 sq. ft. 1 per 300 sq. ft. g.f.a. (6) Retail store 15,000 sq. ft. or larger 1 per 250 sq. ft. g.f.a (7) Personal service shop (tanning, shoe repair, dry cleaner) 1 per 250 sq. ft. g.f.a., with a minimum of 2 required (8) Plumbing, heating, electrical and building supplies 1 per 600 sq. ft. g.f.a. (9) Convenience market/food store (retail)/market and supermarket 1 per 250 sq. ft. g.f.a., with a minimum of 6 required (10) Shopping center* 4.0 per 1,000 square feet of leaseable g.f.a * A shopping center is a contiguous collection of retail businesses under one ownership or common management located in a building or set of buildings. EATING/DRINKING ESTABLISHMENTS: (1) Restaurant/cocktail lounge/tavern less than 4,000 sq. ft. 1 per 150 sq. ft. g.f.a. (2) Restaurant/cocktail lounge/tavern 4,000 sq. ft. or greater 20 plus 1 per 100 sq. ft. g.f.a. greater than 4,000 sq. ft. ENTERTAINMENT: (1) Bowling alley 5 per lane (2) Club, lodge 1 per 4 fixed seats, plus 1 per 50 sq. ft. gross floor area of assembly area without fixed seating (3) Dance hall 1 per 100 sq. ft. g.f.a. (4) Pool hall 1 per 100 sq. ft. g.f.a. (5) Theater 1 per 4 fixed seats (6) Video game arcade 15 per 1,000 sq. ft. g.f.a. INDUSTRIAL: (1) Industrial establishment/research and development 1 per 600 sq. ft. g.f.a. (2) Mini-warehouse 1 per 3,000 sq. ft. g.f.a., plus 1 loading space per 10,000 sq. ft. g.f.a., plus 1 per 300 sq. ft. g.f.a. for office area 20.60-1 (Revised 1/11) Bremerton Municipal Code 20.60.040 Chapter 20.60 LOW DENSITY RESIDENTIAL (R-10) Sections: 20.60.010 INTENT. 20.60.020 PERMITTED USES. 20.60.030 ACCESSORY USES. 20.60.040 CONDITIONAL USES. 20.60.060 DEVELOPMENT STANDARDS. 20.60.065 ALLOWABLE DENSITY AND LOT AREA. 20.60.066 ALLOWABLE DENSITY AND LOT AREA IN A CENTER. 20.60.068 ALLOWABLE DENSITY AND LOT AREA IN UNDERUTILIZED URBAN FRINGE AREAS. 20.60.080 OFF-STREET PARKING REQUIREMENTS. 20.60.090 LANDSCAPING REQUIREMENTS. 20.60.100 SIGN STANDARDS. 20.60.010 INTENT. The intent of the low density residential (R-10) zon- ing district is to accommodate single-family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing may be appropriate when responding to sensitive areas or with innovative design. Residential development at higher densities is encouraged at the edge of designated centers. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.020 PERMITTED USES. Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted acces- sory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless telecommunications per BMC 20.46.140; (c) Day care facility of twelve (12) or fewer per- sons receiving care; (d) Education and schools (K-12) of twelve (12) or fewer students; (e) Foster home; (f) Group residential home; (g) Manufactured home per BMC 20.46.040; (h) Parks, playgrounds and open space equal or less than one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (i) Single-unit dwelling unit, detached; (j) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.060(b); (k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l) Incubator for business associated with a wor- ship and religious facility or community facility, pro- vided the following conditions are met: (1) The incubated business is a use that is per- mitted outright in the neighborhood business zone, BMC 20.82.020; (2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3) The parcel upon which the incubated busi- ness is situated shall have frontage on an arterial street. (Ord. 4977 §9, 2006: Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.030 ACCESSORY USES. The following accessory uses may be permitted when found in connection with a principal use: (a) Attached or detached accessory dwelling unit per BMC 20.46.010; (b) Detached garage, carport, and parking facili- ties for the residents of the property; (c) Home occupation per BMC 20.46.030; (d) Other necessary and customary uses deter- mined by the Director to be appropriate, incidental and subordinate; (e) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.60.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a)Bed and breakfast, provided: (1) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are con- tained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (Revised 1/11)20.60-2 20.60.040 (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresi- dent guests for compensation, are allowed; and (8) Any remodeling of the residential struc- ture shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b)Group residential facilities - Class I, pro- vided: (1) All state licensing requirements are satis- fied; (2) The site is located on a collector or higher street; (3) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (4) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (5) If counseling services are provided to non- residents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (6) The number of required off-street parking spaces may be reduced, provided the applicant can dem- onstrate that parking will not spill over into nearby resi- dential properties and any streets; and (7) 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. (c)Senior housing complex, provided the condi- tions set forth in BMC 20.46.090 are satisfied. (d)Nursing/convalescent homes, provided: (1) All state licensing requirements are satis- fied; (2) The site is located on a collector or higher street; (3) Minimum site area shall be no less than one (1) acre; (4) Minimum setbacks, height and lot cover- age of the underlying zone shall apply; (5) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (6) The number of required off-street parking spaces may be reduced, provided the applicant can dem- onstrate that parking will not spill over into nearby resi- dential properties and any streets; and (7) 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. (e)Day care facilities (thirteen (13) or more persons receiving care), provided: (1) All state licensing requirements are satis- fied; (2) The site is located on a collector or higher street; (3) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (4) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (5) The number of required off-street parking spaces may be reduced, provided the applicant can dem- onstrate that parking will not spill over into nearby resi- dential properties and any streets; (6) 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; and (7) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (f)Adaptive reuse of public and semi-public buildings, provided the conditions set forth in BMC 20.46.070 are satisfied. (g)Manufactured home park or expansion of existing parks, provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2) The minimum site size shall be five (5) acres; (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility ser- vices are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshal is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshal and City Engi- neer shall approve all fire turnarounds; 20.60-3 (Revised 1/11) Bremerton Municipal Code 20.60.040 (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory 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, religious, and community facili- ties 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; (Revised 1/11)20.60-4 20.60.060 (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; (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, pro- vided: (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. (n)Community facilities under twenty thou- sand (20,000) square feet, provided: (1) Additional landscaping outside what is required in Chapter 20.50 BMC (Landscaping) may be required for screening purposes in order to mitigate impacts to adjoining residential properties; (2) A parking analysis may be required to establish that adequate on-site parking will be available for the proposed use. (Ord. 5111 §3, 2010: 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; 20.60-4.1 (Revised 1/11) Bremerton Municipal Code 20.60.060 (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) 20.78-1 (Revised 1/11) Bremerton Municipal Code 20.78.100 Chapter 20.78 CITY CORE RESIDENTIAL (CCR) Sections: 20.78.010 INTENT. 20.78.020 OUTRIGHT PERMITTED USES. 20.78.030 ACCESSORY USES. 20.78.040 CONDITIONAL USES. 20.78.060 DEVELOPMENT STANDARDS. 20.78.080 PARKING REQUIREMENTS. 20.78.090 LANDSCAPING REQUIREMENTS. 20.78.100 SIGN STANDARDS. 20.78.010 INTENT. The intent of the city core residential (CCR) zone is to enhance opportunities for significant population growth in the City core and increase activity levels along a planned "loop" trail system connecting the two downtown bridges and three closely related nodes of future growth. While based on the permitted uses and development standards of the low density residential (R- 10) zone, the CCR zone also permits higher density housing, including attached multifamily units, when developed on large lots in conjunction with a public trail that links the City’s core centers: Manette neighborhood center, Harrison employment center, and downtown regional center. Along with a distinct pedestrian orien- tation, uses in this zone shall be well served by public transit. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.78.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Day care facility (twelve (12) or fewer persons receiving care); (b) Foster home; (c) Multi-unit dwelling units and townhouses, pro- vided: (1) Within a project comprising ten (10) or more acres; (2) Units are developed in conjunction with a public trail improvement; (d) Park, playground and open space; (e) Single-unit dwelling unit, detached; (f) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.066(b); (g) Transportation facility. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.78.030 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) 20.78.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020. Conditions for approval of the following uses shall be the standards listed for the corresponding use in BMC 20.60.040, the conditional uses section of the low density residential (R-10) zone: (a) Bed and breakfast; (b) Class I group residential facilities; (c) Senior housing complex; (d) Nursing/convalescent home; (e) Day care facilities; (f) Worship, religious, and community facilities; (g) Schools, parks and associated facilities of the types set forth in BMC 20.60.040(j). (Ord. 5111 §4, 2010: Ord. 4950 §8 (Exh. A) (part), 2005) 20.78.060 DEVELOPMENT STANDARDS. Development standards shall be in accordance with the development standards in the low density residential (R-10) zone set forth in BMC 20.60.060 unless modified per the following: (a) Maximum density may be increased to twenty (20) dwelling units per acre, provided: (1) Within a project comprising ten (10) or more acres; (2) Units are developed in conjunction with a public trail improvement linking the City’s core centers as approved by the City; (3) Units are developed in conjunction with on-site provisions to improve existing access to public transit. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.78.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.78.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.78.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. (Ord. 4950 §8 (Exh. A) (part), 2005) 20.79-1 (Revised 1/11) Bremerton Municipal Code 20.79.100 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. 20.79.080 PARKING REQUIREMENTS. 20.79.090 LANDSCAPING REQUIREMENTS. 20.79.100 SIGN STANDARDS. 20.79.010 INTENT. The intent of this zone is detailed in the adopted Downtown Regional Center Subarea Plan. This chapter supplements the adopted plan. (Ord. 5046 §21 (part), 2008: 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. 5046 §21 (part), 2008: 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. 5046 §21 (part), 2008: 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, religious, and community facilities; (f) Schools, parks and associated facilities of the types set forth in BMC 20.60.040(j). (Ord. 5111 §5, 2010: Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.080 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 Downtown Subarea Plan. (Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC. (Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) 20.79.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. (Ord. 5046 §21 (part), 2008: Ord. 4950 §8 (Exh. A) (part), 2005) Tables-1 (Revised 1/11) 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 (3.74, 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 (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 (Repealed by 5130) 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 1/11)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 (Repealed by 5130) 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 (17.04) 4907 Street vacation (Special) 4908 Amends Ch. 3.01, rates and fees (Repealed by 5130) 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 (Repealed by 5130) 4920 LTGO bond/Kitsap regional conference center (Special) 4921 Adopts 2005 budget (Special) 4922 Annexation (Special) Number Subject Tables-3 (Revised 1/11) 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, 20.78, 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 (Repealed by 5130) 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 1/11)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) 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, 20.14) 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 (3.78) 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) 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 (20.10, 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, 20.82, 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 (20.12) 4981 Adds Ch. 2.36 and § 20.02.085, design review board; amends Ch. 20.02, Table 040 (2.36) 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 (Repealed by 5130) 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 1/11) 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, 20.84, 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 (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 (Repealed by 5130) 5032 Adopts 2008 budget (Special) 5033 Amends 2007 budget (Special) 5034 Amends comprehensive plan and § 20.80.080, zoning (20.80) 5035 (Pulled) 5036 Amends Ch. 3.78, multifamily property tax exemption (3.78) 5037 Amends comprehensive plan (Special) 5038 Rezone (Special) 5039 Repeals and replaces Ch. 9.92, chronic nuisance properties (9.92) Number Subject (Revised 1/11)Tables-6 5040 Amends Ch. 2.88, disability action committee (2.88) 5041 Amends Ch. 13.08, recreational vessels on Kitsap Lake (13.08) 5042 Adds § 2.26.210, emergency management organization (2.26) 5043 Recodifies Ch. 2.36 as 2.38, lodging tax advisory committee (2.38) 5044 Amends §§ 3.48.030 and 3.48.090, business and occupation taxes (3.48) 5045 Street vacation (Special) 5046 Amends definition in Ch. 20.42; amends § 20.48.080, Ch. 20.50, § 20.52.070(a), Figure 20.52(a), §§ 20.62.060(a), 20.62.070, 20.62.090, 20.64.060(a), 20.64.070, 20.64.090, 20.66.060(b) and (c), 20.66.070(b), 20.70.060(b) and (c), 20.70.070(b), Ch. 20.79, §§ 20.82.060(b) and (c), 20.82.090, 20.84.060(b) and (c), 20.84.090, 20.86.060(b) and (c), 20.88.060(b) and (c), 20.88.070, 20.90.060(b) and (c), 20.90.090, 20.92.060(b) and (c), 20.92.080, 20.92.090, 20.94.060(b) and (c), 20.94.090 and 20.98.060(b) and (c); repeals and replaces Chs. 20.74, 20.75 and 20.76; repeals Figure 20.74(a), zoning (20.42, 20.48, 20.50, 20.52, 20.62, 20.64, 20.66, 20.70, 20.74, 20.75, 20.76, 20.79, 20.82, 20.84, 20.86, 20.88. 20.90, 20.92, 20.94, 20.98) 5047 Amends § 2.02.010, city council (2.02) 5048 Street vacation (Special) 5049 Street vacation (Special) 5050 Alley vacation (Special) 5051 Amends Appendix A of § 15.06.015, utility assessments, rates, fees and charges (15.06) 5052 Creates revenue development area (Repealed by 5088) 5053 Annexation (Special) 5054 Amends § 15.06.040, wastewater rates (15.06) 5055 Alley vacation (Special) 5056 Amends 2008 budget (Special) 5057 Annexation (Special) 5058 (Failed) 5059 Amends Ord. 5053, annexation (Special) 5060 Amends § 13.04.140, liquor in city parks (13.04) 5061 Street vacation (Special) 5062 Amends comprehensive plan (Special) 5063 Adds definition to Ch. 20.40 [20.42]; amends §20.58.060, residential cluster development (20.42, 20.58) 5064 Amends § 7.08.010, cat and dog licenses (7.08) 5065 Amends § 3.50.050, utility taxes (3.50) 5066 2009 tax levy (Special) 5067 Amends § 13.04.060, discharging firearms or explosives in city parks (13.04) 5068 Approves voluntary separation and reduced work week program (Special) 5069 Amends Rate Tables A, D, E and F of Ch. 3.01, rates and fees (Repealed by 5130) 5070 Amends Appendix A of § 15.06.015, utility assessments, rates, fees and charges (15.06) 5071 Adopts 2009 budget (Special) 5072 Amends 2008 budget (Special) 5073 Rezone (Special) 5074 Amends § 2.50.040(a), work schedules and leave benefits (2.50) 5075 Amends §§ 2.06.010, 2.06.030, 2.09.010, 2.09.020, 2.90.200 and Ch. 2.92; repeals § 2.09.070, office of risk management (2.06, 2.09, 2.90, 2.92) 5076 Adds Ch. 11.25, transportation benefit district (11.25) 5077 Adds Bay Vista Subarea Plan to the comprehensive plan; amends § 20.80.080, subarea plans; repeals Westpark Subarea Plan (20.80) 5078 Amends § 3.50.050, utility taxes (3.50) 5079 Amends 2009 budget (Special) Number Subject Tables-7 (Revised 1/11) 5080 Amends Ch. 1.06, public records (1.06) 5081 Roadway vacation and reservation of easements (Special) 5082 Amends § 20.80.080 and comprehensive plan, subarea plans (20.80) 5083 Annexation (Special) 5084 Annexation (Special) 5085 Corrections to city boundaries (Special) 5086 Authorizes termination of agreement with Kitsap County and Port Blakely Communities (Special) 5087 Bond issuance (Special) 5088 Creates Bremerton Harborside Revitalization Area; repeals Ord. 5052 (Special) 5089 Adopts public defense standards (Special) 5090 Approves voluntary separation and reduced work hours program (Special) 5091 Amends Ch. 20.02, Figure 20.40(a) [20.40(b)] and § 20.46.110, zoning (20.02, 20.40, 20.46) 5092 (Failed) 5093 Amends §§ 6.32.070 and 6.32.090, noise levels (6.32) 5094 Amends comprehensive plan (Special) 5095 Amends Rate Tables E and F of Ch. 3.01, rates and fees (Repealed by 5130) 5096 Amends § 3.50.050, utility taxes (3.50) 5097 (Failed) 5098 2010 tax levy (Special) 5099 Adopts 2010 budget (Special) 5100 Cable franchise (Special) 5101 Amends 2009 budget (Special) 5102 Amends Ch. 18.06, ambulance services (18.06) 5103 Amends §§ 2.62.045, 15.01.020(m), 15.06.060, Appendix A of § 15.06.015, and Ch. 15.08, utilities (2.62, 15.01, 15.06, 15.08) 5104 Rezone (Special) 5105 Repeals and replaces Figure 3.78(a), multifamily property tax exemption (3.78) 5106 Alley vacation (Special) 5107 (Pulled) 5108 State-shared sales and use tax for local revitalization (Special) 5109 Bond issuance (Special) 5110 Amends § 2.05.010; repeals Ch. 2.07, economic development department (2.05) 5111 Amends Figure 20.40(b) and §§ 20.60.040, 20.78.040 and 20.79.040, community facilities (20.40, 20.60, 20.78, 20.79) 5112 Amends Ch. 18.02, fire code (18.02) 5113 Adds § 17.04.080(c); amends §§ 17.04.020, 17.04.040(c) and 17.04.110(d), building codes (17.04) 5114 Amends §§ 10.10.140 and 10.11.010(f), parking for disabled persons (10.10, 10.11) 5115 (Pulled) 5116 Amends § 3.72.020, gambling tax (3.72) 5117 Amends 2010 budget (Special) 5118 Amends § 20.48.060, residential parking development standards (20.48) 5119 Right-of-way transfer (Special) 5120 Amends Ch. 3.68, equipment rental reserve fund (3.68) 5121 Amends Ch. 10.12, skateboards (10.12) 5122 Amends §§ 10.10.020, 10.10.030, 10.11.005 and 10.11.010, parking (10.10, 10.11) 5123 Amends § 17.60.070, floodplain management (17.60) 5124 Bond issuance (Special) 5125 Amends § 2.18.060, audit committee (2.18) 5126 Adds Ch. 7.06; amends §§ 3.01.050, 7.04.020, 7.15.010 and 7.16.030, keeping of chickens (7.04, 7.06, 7.15, 7.16) Number Subject (Revised 1/11)Tables-8 5127 Amends § 17.60.070, floodplain management (17.60) 5128 Amends Ch. 2.09 and § 2.10.030, information technology reorganization (2.09, 2.10) 5129 Tax levy (Special) 5130 Repeals and replaces Ch. 3.01, rates and fees (3.01) 5131 Amends §§ 15.06.015 and 15.06.040; repeals Appendix A of Ch. 15.06, assessments, rates, fees and charges (15.06) 5132 Establishes rates and fees for the department of public works and utilities (Not codified) 5133 Adopts 2011 budget (Special) 5134 Amends 2010 budget (Special)