The following sections of Chapter 1 of the 2021 Edition of the IFC as adopted in BMC 17.20.010 are hereby amended as follows:

Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Bellingham, hereinafter referred to as “this code.”

Section 103.1 General. The Life Safety Division is established within the jurisdiction under the direction of the fire code official. The function of the division shall be implementation, administration, and enforcement of the provisions of this code.

Section 104.1.1 Assistance From Other Agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the enforcement of this code when requested to do so by the fire code official.

Section 104.3.1 Warrant. When the fire code official has first obtained a proper search warrant or other remedy provided by law to secure entry, an owner or occupant or person having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to permit entry therein by the fire code official and/or designee(s) for the purpose of inspection and examination pursuant to this code.

Section 104.6 Official Records. The fire code official shall keep official records as required by Sections 104.6.1 through 104.6.4. Such official records shall be retained in accordance with the State of Washington Local Government Record Retention Schedules.

Section 105.2.2.1 Inspection Required. An inspection is required prior to initial operational permit issuance and thereafter on a frequency determined by the fire code official.

Section 105.2.3 Time Limitation of Application.

Section 105.2.3.1 Abandonment. Applications for which no permit is issued within 1 year following the date of application shall be considered abandoned and expired by limitation. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with State law by the fire code official. The fire code official may extend the time for action by the applicant for 1 period not exceeding 180 days. The applicant must request an extension on a form provided by the City and pay any established extension fee prior to the permit’s original expiration date.

Section 105.2.3.2 Inactivity. Applications may be cancelled for inactivity if an applicant fails to respond to the department’s written request for revisions, corrections, actions or additional information within 90 days of the date of request. The fire code official may extend the response period beyond 90 days if within the original 90-day time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the Department.

Section 105.2.3.3 Extension. The fire code official may extend the life of an application if any of the following conditions exist:

a. Compliance with the State Environmental Policy Act is in progress; or

b. Any other City review is in progress; provided, the applicant has submitted a complete response to City requests or the fire code official determines that unique or unusual circumstances exist that warrant additional time for such response, and the fire code official determines that the review is proceeding in a timely manner toward final City decision; or

c. Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.

Section 105.3.1 Expiration.

Section 105.3.1.1 Operational Permit. An operational permit shall remain in effect until reissued, renewed, or revoked or for such period of time as specified in the permit.

Section 105.3.1.2 Construction Permit. A construction permit shall expire 24 months from the date of issuance.

Section 105.3.2 Extensions and renewals.

Section 105.3.2.1 Extensions. The fire code official is authorized to approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit expiration.

Section 105.3.2.2 Renewals. Every permit, which has been expired for less than 1 year, may be renewed for a period of 1 year for an additional fee equal to 50% of the original permit fees as long as no changes have been made to the originally approved plans and a new fire code has not been adopted. For permits that have been expired for longer than 1 year, a new permit must be obtained and full new fees paid. No permit shall be renewed more than once.

Section 105.3.2.2.1 Thirty-Day Renewals. The fire code official may authorize an extension to the expiration date up to 30 days beyond the written date of expiration with no additional fee when only the final inspection is remaining and all other work has been approved. If work required under a final inspection is not completed within the 30-day extension period, the permit shall expire.

Section 105.6.15 Fire Hydrants and Valves. This section is not adopted by the City of Bellingham.

Section 105.6.32 Open Burning. This section is not adopted by the City of Bellingham.

Section 105.6.51 Boathouse and Covered Boat Moorage. An operational permit is required for the operation of a boathouse and covered boathouse structures.

Section 105.7.26 Fire Apparatus Access Roads. A construction permit is required for the installation of or modification to a required fire apparatus access road. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

Section 106.2 Schedule of permit fees. A fee for each permit shall be paid as required, in accordance with the schedule as established by City Council resolution.

Section 106.3 Work commencing before permit issuance. Any person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to fees and penalties required by this code in addition to the required permit fees.

Section 106.5 Refunds. The fire code official shall not authorize refunding of any fee except on written application filed by the original permittee not later than 180 days after the date of application in accordance with Sections 106.5.1 and 106.5.2.

Section 106.5.1 Construction Applications. The fire code official may authorize refunding of not more than 80 percent of the plan review fee paid when the application for a construction permit has been withdrawn or cancelled before any plan review services were provided.

Section 106.5.2 Construction Permits. The fire code official may authorize refunding of not more that 80 percent of the permit fee paid when the construction permit has been cancelled before expiration and no inspection services were provided.

Section 107.2.3 Special Inspections. The fire code official is authorized to require special inspections for any permit by an approved agency at no cost to the City. The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the fire code official, for the inspection of the particular type of construction or operation requiring special inspection.

Section 107.2.3.1 Report Requirements. Special inspectors shall keep records of inspections. The special inspector shall furnish inspection reports to the fire code official. Reports shall indicate the work inspected was or was not completed in conformance to approved construction documents and nationally recognized referenced installation standards. Discrepancies shall be brought to the immediate attention of the contractor for correction. If they are not corrected, the discrepancies shall be brought to the attention of the fire code official prior to the completion of that phase of the work. A final report documenting required special inspections and correction of any discrepancies noted in the inspections shall be submitted at a point in time agreed upon prior to the start of the work by the applicant and the fire code official.

Section 109 – Hearing Examiner.

109.1 General. Appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code may be appealed to the City of Bellingham Hearing Examiner within 14 days of issuance of the order, decision, or determination.

109.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The Hearing Examiner shall have no authority to waive requirements of this code.

Section 109.3 Qualifications. This section is not adopted by the City of Bellingham.

Section 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to the civil and criminal penalties described below:

1. Civil Violations and Penalties.

a. Any person who violates any provision of this code shall be subject to a civil infraction not to exceed $1,000 for each violation. The minimum civil penalty shall be $100.

b. Each violation of this code shall be a separate offense, and in the case of a continuing violation, each day’s continuance shall be deemed a separate and distinct violation.

c. Civil infractions under this code shall be issued and processed in accordance with RCW Chapter 7.80.

d. All civil infractions under this code shall be heard by Municipal Court.

2. Criminal Violations and Penalties.

a. Any person who intentionally, knowingly, recklessly, or criminally negligently violates any provision of this code shall be guilty of a gross misdemeanor.

b. Any person convicted of a crime under subsection a. above shall be punished by a fine of not more than $5,000 and/or imprisonment of not more than 364 days. In no case shall such a violation be punished by a fine of less than $250.

3. Stop Work Orders.

a. Issuance of a stop work order shall not bar the imposition of a civil or criminal penalty under this code.

b. It is unlawful for any person with actual or constructive knowledge of the issuance of a stop work order pursuant to this code to do work or an activity prohibited by the order until the fire code official has removed or lifted the order and issued written authorization for the work or activity to be continued. Violation of a stop work order shall be a gross misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $5,000 and/or imprisonment for not more than 364 days. Each day or part thereof during which any violation is committed shall constitute a separate offense.

c. The fire code official may immediately seek issuance of a criminal citation through the Bellingham Police Department where there is a violation of a stop work order. Any violator of a stop work order may be subject to arrest if the violation is committed in the presence of an officer per RCW 10.31.100.

4. Do Not Occupy Orders.

a. It is unlawful for any person with actual or constructive knowledge of the issuance of a “Do Not Occupy” order pursuant to this code to be physically present inside of any building or structure so posted unless the “Do Not Occupy” order specifically contains conditions for some use of the premises. Violation of a “Do Not Occupy” order shall be a gross misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $5,000 and/or imprisonment for not more than 364 days. Each day or part thereof during which any violation is committed shall constitute a separate offense.

b. The fire code official may immediately seek issuance of a criminal citation through the Bellingham Police Department where there is a violation of a “Do Not Occupy” order. Any violator of a “Do Not Occupy” order may be subject to arrest if the violation is committed in the presence of an officer per RCW 10.31.100.

Section 110.5 Recovery of enforcement and other costs. The City may charge violators of this code the costs of enforcement, abatement, and bringing violations into compliance. The City may collect these costs by turning the debt over to a collection agency, filing a civil lawsuit, filing a lien against the property, or any other legal means.

Section 111.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure, which is not secured against unauthorized entry as required by Section 311, shall be deemed unsafe. Unsafe structures may be posted “Do Not Occupy” as deemed necessary by the fire code official to protect the safety of the public.

Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by Section 110.4.