HomeMy WebLinkAboutCOW 2004-07-12 Item 5E - Ordinance - 2003 International Property Maintenance Code COUNCIL AGENDA SYNOPSIS
i ~ .................................. Initials ................................. ITEMNO.
Meeting Date Prepq;q, ~ by Mayor's review Council review
ITEM INFORMATION
CASNUMBER: REF 04-073 [ ORIGINAL AGENDA DATE: 05/24/04
AGENDA ITEM TITLE 2003 Internationl Property Maintenance Code
CATEGOR [--] Discussion I--]Motion [~] Resolution [] Ordinance [--I Bid AwardIHe i~l[~ Public [] Other
Y Date e in
Mtg Date Mtg Date Mtg Date Mtg Date 7/12/04 Mtg ImtgaDat~ Mtg
Date
SPONSOR [] Council ~] Mayor
[] Adm [] DCO [] Finance [] Fire [] Legal [] P&R [] Police [] PW
SPONSOR'S SV~roposal to adopt the 2003 International Property Maintenance Code o
SUMMARY Review draft ordinance and discuss potential of forwarding same to 7/19/04 Regular
Meeting.
REVIEWED BY [] COW Mtg. [] CA&P Crate [] F&S Crate [] Transportation Crate
[] utilities Crate [] Arts Comm. [] Parks Comm. [] Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR,/ADMIN. DCD - Review draft ord, & forward same to 7/19/04 Reg. Meeting
COMMITTY~ Same as sponsor
[COST IMPACT / FUND SOURCE]
EXPENDITURE REQUIRED AMOUNT BUDGETED ~PPROPRIATION REQUIRED
Sn/a $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
05/24/04 COW Review; remanded to CA & P for additional discussion/review.
MTG. DATE ATTACHMENTS
7//~2/04 Memo from S. Lancaster, dated 7/7/04 including Attachments A-F (F is draft ord.) '
Community and Parks Committee Minutes from 6/29/04
t City of Tukwila StevenM. Mullet, Mayor
i.... Deparlment of CommunitY Development Steve Lancaster, Director
TO: Committee of the Whole
FROM: Steve Lancaster, Director Depmtffi'ent of Community Development
Date: July 7, 2004
SUBJECT: International Property Maintenance Code
The CAP originally considered the adoption of the International Property Maintenance
Code at their meeting on April 13, 2004. The issue was forwarded to the COW without a
recommendation. On May 24, 2004, the Council discussed the proposed ordinance
adopting the International Property Maintenance Code. It was decided at that meeting
that further discussion by the CAP committee was needed prior to bringing it back to the
Council for consideration or public hearing. This discussion was held at the June 29,
2004 CAP meeting. The issue was forwarded to the Council COW for their
consideration with recommendation for approval.
During these discussions additional questions arose. Staff has prepared responses to the
questions below:
1. "Why don't we continue to use the 1997 Uniform Housing Code?"
A. In 1998, the City adopted the following codes published by the International
Conference of Building Officials (ICBO):
1997 Uniform Housing Code (UHC)
1997 Uniform Building Code (UBC), the
1997 Uniform Fire Code (UFC),
1997 Uniform Mechanical Code (UMC),'
· 1997 Uniform Code for the Abatement of Dangerous Buildings (UCADB).
This collection of codes regulated new construction and existing housing, as well
as dangerous buildings. These codes were developed to work together and
support each other.
Memo to COW for the July 12, 2004 meeting Page 1
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-366~
B. In June 2004, the City adopted the following Codes effective July 1, 2004 to
replace the 1997 codes:
2003 International Building Code (IBC),
· 2003 International Fire Code (IFC),
2003 International Mechanical Code (IMC)
· 2003 International Residential Code (IRC)
These International Code Council (ICC) codes serve as the governing codes for
new construction and remodeling of existing buildings throughout the state of
Washington. As with thc previously adopted ICBO codes, these ICC codes
are designed to work together to achieve a safe built environment. The issues
covered in the UHC and in the UCADB are addressed in the new 2003
International Property Maintenance Code (IPMC). Since the IPMC, too, is
designed to work hand-in-hand with the IBC, it makes sense to also adopt the
IPMC rather than trying to make the UHC "work" with the International
Codes.
C. Other nearby cities which have or are about to adopt the IPMC, include SeaTac
(in place for over a year); Des Moines, Federal Way, and Covington have all
recently adopted the IPMC. Burien is considering adoption shortly.
During the adoption process at SeaTac there were a couple of changes made to the
code involving:
· Abandoned buildings: City of SeaTac does not permit vacant or abandoned
buildings to APPEAR vacant. Their requirements do not permit the boarding
up of windows, and landscaping must be maintained.
· References to the Board of Appeals were deemed to refer to the hearing
examiner system used by the City of SeaTac.
· A copy of SeaTac's adopting ordinance #03-1023 is attached for your review
as Attachment A.
2. "How does the IPMC compare with the Housing Code?"
Attachment B is a table comparing the existing Uniform Housing Code with the
proposed Property Maintenance Code. Both codes have similar objectives to provide
minimum standards and to promote the safety and welfare of buildings and their
surrounding property.
Memo to COW for the July 12, 2004 meeting Page 2
Current Code (UHC) New Code (IPMC)
Covers residential use only Includes both residential and non-
residential buildings and their
surroundings.
"Dangerous Buildings" are covered in a "Unsafe Structures and Equipment" are
separate code (UCADB). covered in Section 108.
Silent on nuisances. The City of Tukwila Includes most "nuisance" issues, such as
has addressed nuisances in Chapter 8.28 of rodents, trash and debris, weeds, etc.
the TMC.
The presence of graffiti is not currently a Graffiti is specifically addressed in Section
code violation and there are no provisions 302.9 and requires the owner to remove.
requiring its removal.
3. "How will the new regulations change regarding ? (Paint, insect
screens, swimming pool enclosures, car repair, occupancy standards, etc.)."
Several questions arose during Council discussions regarding specific requirements of
the new code and whether or not these were regulated under the current code. I will
address these is order of their appearance in the new code:
a. Section 302.3 Sidewalks and driveways...shall be kept in proper state of repair...
· The new code does not REQUIRE paved driveways, but simply requires that
if they exist they must be kept free from hazardous conditions.
· Damage to public sidewalks from tree/plant roots is prohibited in TMC
11.20.140 under the jurisdiction of the Public Works department.
b. Section 302.8 Motor Vehicles "...no inoperative...motor vehicle shah be
parked.., or stored on any premises.., and no vehicle shall at any time be in a state
of major disassembly..."
This does not conflict with the recently adopted "Junk Vehicle Ordinance" but
does address additional regulations:
· Permits "major overhaul" work to be performed only inside a structure. The
CAP discussed the definition of"structure" and whether it would include
carports as well as garages. For purposes of building permits, a carport is
considered a "structure" and if greater than 200 s.f. would require a building
permit. The council may want to consider specifically permitting major auto
work which takes place inside a carport as well as inside a garage or other
enclosed structure. This would still prohibit major overhaul work conducted
in the yard or on the driveway of a property and would address the most
egregious eyesores and nuisances.
· Permits a homeowner to change a tire, or perform an oil change or other
minor repair on their own vehicle in their driveway (i.e., not inside a
structure).
Memo to COW for the July 12, 2004 meeting Page 3
· Prohibits the painting of vehicles unless cbnducted inside an approved spray
booth.
Code enforcement receives many complaints about "illegal car repair
business" being operated at single-family residences. The junk vehicle
ordinance doesn't always apply to these situations and these regulations may
help code enforcement to address these complaints.
c. 'Section 303 Swimming Pools, Stoas and Hot Tubs
The language in the new code conflicts somewhat with Tukwila's Swimming
Pool Regulations in Chapter 16.25.
Current Code (TMC 16.25) New Code
Applies to man-made hard-surfaced Applies to ail private swimming pools, hot
swimming pools tubs and spas containing water more than
24 inches in depth.
Requires 5-foot (60-inch) fence complete Requires 48-inch fence completely
surrounding pool. A swimming pool surrounding pool, hot tub or spa.
located in a yard that is enclosed by a fence
meets the requirements of TMC 16.25 as
long as the gates and doors meet the
requirements.
Gate latches must be a minimum of 54- Requires self-closing and self-latching gate
inches above ground OR made inaccessible or door. Latch must be located on inside if
to small children from the outside, less than 54 inches from the ground.
No requirements for cleanliness or good Requires that swimming pools be
maintained in a clean, sanitary condition
repair
and in good repair.
· Public and semi-public pools are regulated by King County Public Health
swimming pool regulations (MKCC 8.56), which specifically exempts private
pools. "Public pool" is defined as open to the general public with or without
payment of an admission. "Semi-public" means any pool used by numbers of
persons or multiple family groups, such as hotels, motels, apartments, etc. A
copy of the KCPH swimming pool regulations is attached for your review as
Attachment C.
Tukwila's regulations are more stringent in some respects, requiring a taller fence,
but do not specifically address above-ground pools, hot tubs or spas. The TMC is
silent on the condition of the pool itself or the water it contains. The IPMC
regulations appear to be adequate to ensure safety and the requirement to maintain
these pools in a clean and sanitary condition is appropriate.
Memo to COW for the July 12, 2004 meeting Page 4
d. Section 304 Exterior Structure
· The new code (in 304.2 Protective treatmenO requires that all exterior
surfaces be protected from the elements by painting or other protective
covering or treatment.
· The current code (in Section 1001.8 Faulty Weather Protection.) says that
"buildings are considered substandard when they have faulty weather
protection, which include(s)...lack of paint..." among other items.
There is virtually no difference between these two codes on the requirement
for exterior paint.
d. Section 304.13.20penable Windows
Requires ail non-fixed windows to be easily openable and capable of being
held in place by the window hardware. This directly relates to fire and
building code requirements for fire safety, exiting/egress and ventilation.
e. Section 304.14 Insect Screens
· The new code requires all doors, windows and other outside openings which
are required for ventilation of habitable rooms, food preparation areas, etc. be
fitted with screens.
· This regulation applies to all buildings, but seems to be primarily aimed at
restaurants or food preparation facilities. Restaurants and commercial food
preparation facilities are additionally regulated by King County Public Health.
· It is not likely that code enforcement would receive a complaint about lack of
window screens on a private residence. It is possible, however, that a
complaint would be received about lack of window screens in an apartment
unit or rental house.
· The West Nile Vires threat is a concem in this area and window and door
screens are an important defense against mosquitos.
· The current code does not require window or door screens.
f. Section 304.18.1 Doors · The new code requires deadbolt locks on doors that provide access to dwelling
units that are rented, leased or let.
· The current code does not address this.
g. Section 307 Rubbish and Garbage
· The new code addresses garbage accumulation, storage facility requirements,
disposal requirements, and container specifications as well as discarded
refrigeration equipment.
· The current code addresses these issues in the Nuisance Chapter (TMC 8.28)
and in TMC 6 Health and Sanitation (TMC 6.12).
Memo to COW for the July 12, 2004 meeting Page 5
h. Chapter 4 Light, Ventilation and Occupancy Limitations.
· The new code focuses on the minimum standards for occupying a structure.
· The new code places the responsibility for the conditions of the property on
the property owner.
· These new requirements are based on requirements of the new building codes
(IBC/IRC) as they relate to light and ventilation.
· The new code specifies occupancy limitations which include requirements for
privacy, minimum ceiling heights, room dimensions and addresses
overcrowding.
· The current code specifies ceiling heights, floor areas, and minimum
"habitable room" sizes which are very similar, but not identical, to the new
code and relate to the code requirements of the 1997 Uniform Building Code.
· Section 404.5 (page 14 of the new code) specifically states that "dwelling
units shall not be occupied by more occupants than permitted by the minimum
area requirements of Table 404.5." There was considerable discussion during
the previous COW meeting about "required dining rooms". There are no
requirements for either living rooms or dining rooms for a dwelling unit with
1 or 2 occupants. The requirements for living room or dining room for more
than 2 occupants is set in the Table 404.5 on page 14 of the new code. There
is a provision for "combined living/dining room spaces" if there is no separate
dining room. For 3-5 occupants, the requirement is either 120 square feet for
living room (10x12) and 80 square feet for a separate dining room (Sx10) OR
200 square feet (10x20) as "combined" space. Six or more occupants require
150 square feet (10x15) for living and 100 (10xl0) for dining OR a combined
space of 250 square feet (25x10).
· Section 404.6 outlines the requirements for "efficiency units" for up to three
occupants. These "studio" apartments usually consist of one room with areas
set aside for cooking, living/dining/sleeping and a separate bathroom. These
are permitted and the size is specified.
· All the requirements governing "overcrowding" and minimum housing sizes
are easily calculated and will make the process of determining whether or not
there is a code violation easier on staff.
Staff has included atable outlining the occupancy standards for the 2003 IPMC. Two
"real life" examples are also included showing calculations of how these standards
would apply to these houses in Tukwila. See Attachment D.
A question was raised at the CAP meeting regarding occupancy standards established
by HUD Section 8 and other regulatory agencies. I spoke with Caroline Robinson of
the King County Housing Authority. She is not aware of specific square footage
requirements for bedrooms. Rather, Section 8 uses the standard of 2 occupants per
bedroom, although they occasionally use "2 per bedroom plus one" in order to qualify
certain units. This comes into play usually with placing larger families in larger units
so that a 4 bedroom unit would most likely qualify for a family of 9. I have been
unable to find documentation that actually states the "plus one" standard, although I
did find reference to "2 persons per bedroom" in a "Fair Housing Occupancy
Memo to COW for the July 12, 2004 meeting Page 6
Standards" document published on the Washingt6n State Human Rights Commission
website. It is attached as Attachment E.
i. Chapter 5 (Plumbing Facilities & Fixture Requirements) and Chapter 6
(Mechanical & Electrical Requirements)
The new code outlines the minimum requirements for plumbing systems,
mechanical systems, and electrical facilities for both residential and non-
residential uses with references to the new Plumbing Code and Mechanical
Code.
· King County Public Health issues plumbing permits and conducts plumbing
inspections for the City of Tukwila.
· Washington State Labor & Industries issues electrical permits and conducts
electrical inspections.
· The City works closely with both these agencies to ensure that all the proper
permits are obtained when required.
j. Chapter 7 (Fire Safety Requirements)
· Sets the minimum requirements and standards for fire safety relating to
structures and exterior premises. References are made to the new Fire Code.
· It places the responsibility for provision and maintenance of these systems on
the property owner. This is particularly helpful when dealing with rental
units.
Summary
· The IPMC is designed to work hand-in-hand with the newly adopted Building Codes.
· Other nearby cities which have or are about to adopt the IPMC are, SeaTac, Burien,
Des Moines, Federal Way, and Covington. Tukwila would not be out of step with
their neighboring cities.
· The actual differences between the currently used Uniform Housing Code and the
new 2003 International Property Maintenance Code are relatively minor. The intent
of each is to provide minimum standards for ensuring the safety of existing buildings.
· An additional provision in the proposed ordinance gives the city the option to be
reimbursed for abatement costs by attaching a lien against the property taxes. This is
similar to the provision in the recently adopted Junk Vehicle ordinance and will make
it easier for the city to more promptly be reimbursed for any costs should we need to
abate the nuisance. This process requires several hearings and other legal processes
and is only used in the most serious cases.
· It is staff's recommendation that the City adopt the IPMC, deleting most of our
current nuisance ordinances contained in TMC 8.28 and deleting references to the
UHC in TMC 16.06.
Memo to COW for the July 12, 2004 meeting Page 7
Next Step
The Council of the Whole can forward this item to the next regular council meeting for
either a Public Hearing or a simple discussion and decision.
Attachments:
A: City of SeaTac Ordinance #03-1023
B: Tukwila Municipal Code/IMPC Comparison
C: Metro King County Code on Public and Semi-Public Swimming Pools
D: IMPC Occupancy Standards
E: Fair Housing Occupancy Standards, Washington State Human Rights
Commission
F: Proposed Ordinance adopting 2003 International Property Maintenance
Code
Memo to COW for the July 12, 2004 meeting Page 8
ORDINANCE NO. 03'- 1023
AN ORDINANCE of the City Council of the City of SeaTac repealing Chapter 13.40, the
Uniform Code for the Abatement of Dangerous Buildings, and Chapter 13.45, the Uniform
Housing Code, and adding a new Chapter to the Municipal Code to adopt and amend the
International Property Maintenance Code.
WHEREAS, the City Council has adopted, by Ordinance 92-1033, the Uniform Code for the
Abatement of Dangerous Buildings and the Uniform Housing Code in order to create minimum
standards for housing and property maintenance; and,
WHEREAS, these codes have not been published or updated since 1997 but have been replaced
by the International Property Maintenance Code, as published by the International Code Council;
and,
WHEREAS, the International Property Maintenance Code merges the provisions of the prior
Uniform Codes related to dangerous buildings and housing in order to provide greater uniformity
and eliminate conflicts: and,
WHEREAS, the International Property Maintenance Code contains minimum provisions related
to vacant buildings and land; and,
WHEREAS, the City Council finds that vacant and abandoned buildings and land can reduce the
value of neighboring property and can invite criminal activity; and,
WHEREAS, it is the City Council's desire to regulate vacant buildings beyond the provisions of
the International Property Maintenance Code to provide standards for appearance and safety;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEATAC, WASHINGTON
DO ORDAIN as follows:
Section 1. Chapter 13.40 of the SeaTa~ Municipal Code is hereby repealed.
Section 2. Chapter 13.45 of the SeaTac Municipal Code is hereby repealed.
Section 3. There is hereby added a new Chapter 13.43 to Title 13 of the SeaTac Municipal Code
to read as follows:
Chapter 13.43
PROPERTY MAINTENANCE CODE
Sections:
13.43.010 International Property Maintenance Code
13.43.020 Copy on file
13.43.010 International Property Maintenance Code
The 2003 Edition of the International Property Maintenance Code, as published by the
International Code Council is adopted with the following exceptions:
A. References to the board of appeals in section 111 shall be deemed to refer to the hearing
examiner system of Chapter 1.20 of the SeaTac Municipal Code.
Attachment A
B. Subsection 301.3 Vacant buildings and land, is repealed in its entirety and replaced by the
following:
313 Vacant Buildings. All vacant buildings and premises thereof must comply with this Code.
Vacant buildings shall be maintained in a clean, safe, secure and sanitary condition provided
herein so as not to cause a blighting problem or otherwise adversely affect the public health,
safety or quality of life.
313.1 Appearance. All vacant buildings must appear to be occupied, or appear able to be
occupied With little or no repairs.
313.2 Security. All va5ant buildings must be secured against outside entry at all times. Security
shall be by the normal building amenities such as windows and doors having adequate strength
to resist intrusion. All doors and windows must remain locked. There shall be at least one
operable door into every building and into each housing unit. Exterior walls and roofs must
remain intact without holes.
313.2.1 Architectural (Cosmetic) Structural panels. Architectural structural panels may be used
to secure windows, doom and other openings provided they are cut to fit the opening and match
the characteristics of the building. Architectural panels may be of exterior grade finished
plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building
exterior or covered with a reflective material such as plexi-glass.
Exception: Untreated plywood or similar structural panels may be used to secure windows, doors
and other openings for a maximum period of 30 days.
313.2.2 Security fences. Temporary construction fencing shall not be used as a method to secure
a building from entry.
Exception. Temporary construction fencing may be used for a maximum period of 30 days.
313.3 Weather protection. The exterior roofing and siding shall be maintained as required in
Section 304.
313.4 Fire Safety.
313.4.1 Fire protection systems. All fire suppression and alarms systems shall be maintained in a
working condition and inspected as required by the Fire Department.
313.4.2 Flammable liquids. No vacant building or premises or portion thereof shall be used for
the storage of flammable liquids or other materials that constitute a safety or fire hazard.
313.4.3 Combustible materials. All debris, combustible materials, litter and garbage shall be
removed from vacant buildings, their accessory buildings and adjoining yard areas. The building
and premises shall be maintained free from such items.
313.4.3 Fire Inspections. Periodic fire department inspections may be required at intervals set
forth by the fire chief or his designee.
313.5 Plumbing fixtures. Plumbing fixtures connected to an approved water system, an approved
sewage system, or an approved natural gas utility system shall be installed in accordance with
applicable codes and be maintained in sound condition and good repair or removed and the
service terminated in the manner prescribed by applicable codes.
313.5.1 Freeze protection. The building's water systems shall be protected from freezing.
313.6 Electrical. Electrical service lines, wiring, outlets or fixtures not installed or maintained in
accordance with applicable codes shall be repaired, removed or the electrical services terminated
to the building in accordance with applicable codes.
313.7 Heating. Heating facilities or heating equipment in vacant buildings shall be removed,
rendered inoperable, or maintained in accordance with applicable codes.
313.8 Interior floors. If a hole in a floor presents a hazard, the hole shall be covered and secured
with three-quarter (3/4) inch plywood, or a material of equivalent strength, cut to overlap the
hole on all sides by at least six (6) inches.
313.9 Termination of utilities. The code official may, by written notice to the owner and to the
appropriate water, electricity or gas utility, request that water, electricity, or gas service to a
vacant building be terminated or disconnected.
313.9.1 Restoration of Service. If water, electricity or gas service has been terminated or
disconnected pursuant to Section 313.9, no one except the utility may take any action to restore
the service, including an owner or other private party requesting restoration of service until
written notification is given by the code official that service may be restored.
313.10 Notice to person responsible. Whenever the code official has reason to believe that a
building is vacant, the code official may inspect the building and premises. If the code official
determines that a vacant building violates any provision of this section, the code official shall
notify in writing, the owner of the building, or real property upon which the building is located,
or other person responsible, of the violations and required corrections and shall be given a
timeframe to comply.
313.10.1 Alternate requirements. The requirements and time frames of this section may be
modified under an approved Plan of Action. Within 30 days of notification that a building or real
property upon which the building is located, is in violation of this Section, an owner may submit
a written Plan of Action for the building official to review and approve if found acceptable. A
Plan of Action may allow:
1) extended use of non-architectural panels
2) extended use of temporary security fencing
3) extended time before the demolition of a building is required
4) for substandard conditions to exist for a specific period of time, provided the building is
secured in an approved manner.
When considering a Plan of Action, the building official shall take into consideration the
magnitude of the violation and the impact to the neighborhood.
313.11 Enforcement. Violations of this section shall be enforced according to the provisions and
procedures of Chapter 1.15 of the SeaTac Municipal Code and subject to the monetary penalties
contained therein.
313.11.1 Abatement. A building or structure accessory thereto that remains vacant and open to
entry after the required compliance date is found and declared to be a public nuisance. The code
official is hereby authorized to summarily abate the violation by closing the building to
unauthorized entry. The costs of abatement shall be collected from the owner in the manner
provided by law.
313.11.2 Unsafe buildings and equipment. Any vacant building, or equipment therein, declared
unsafe is subject to the provisions of Section 108 and the demolition provisions of Section 110.
13.43.020 Copy on file
At least (1) one copy of the adopted edition of the International Property Maintenance Code shall
be on file in the office of the City Clerk.
Section 4. This Ordinance shall be in full force and effect thirty (30) days after passage.
ADOPTED this 22nd day of July, 2003, and signed in authentication thereof on this 22nd day of
July, 2003.
CITY OF SEATAC
Joe Brennan, Mayor
ATTEST:
Judith L. Cary, City Clerk
Approved as to Form:
Robert L. McAdams, City Attorney
[Effective Date_]
Ordinance Adopting The International Property Maintenance Code.
Name of Document
Tukwila Municipal Code /International Property Maintenance Code Comparison
TMC Current Code IPMC New Code
Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code
Abatement of Dangerous Buildings (UCADB); TMC
Nuisance regulations (Chapter 8.28)
UHC Section "The purpose of this code is to provide 101.3 Intent "This code shall be construed to secure its
102 Purpose minimum standards to safeguard life or limb, expressed intent, which is to ensure public
health, property, and public welfare by health, safety and welfare insofar as they are
regulating and controlling the use and affected by the continued occupancy and
occupancy, location, and maintenance of all maintenance of structures and premises.
residential buildings and structures within this Existing structures and premises that do not
jurisdiction." comply with these provisions shall be altered or
repaired to provide a minimum level of health
and safety as required herein. Repairs,
alterations, additions to and change of
occupancy in existing buildings shall comply
with the International Existing Building Code."
Section 103 "The provisions of this code shall apply to all 101.2 Scope "The provision of this code shall apply to all
Scope buildings or portions thereof used, or designed existing residential and nonresidential structures
or intended to be used, for human and all existing premises and constitute
habitation..." minimum requirements and standards for
premises, structures, equipment and
facilities..."
CD
International Property Maintenance Code vs Tukwila Municipal Code
Page 1 of 6
Revision date 06/22/04
TMC Current Code IPMC New Code
Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code
Abatement of Dangerous Buildings (UCADB); TMC
Nuisance regulations (Chapter 8.28)
8,28 1 Nuisances 1
8.28.030 Places not protected from flies or rats foul or 308 Extermination
malodorous places 308.1 Infestation
(Privies, vaults, cesspools, sumps, pits or like
places not securely protected...) Privies, vaults, cesspools, etc. not specifically
covered.
8.28.040 Trash Covered Premises 307 Rubbish and Garbage
(...litter covered premises...including 307.1 Accumulation of rubbish or garbage
buildings and structures...) 307.2 Disposal of rubbish
307.2.1 Rubbish storage facilities
307.3 Disposal of garbage
307.3.1 Garbage facilities
307.3.2 Containers
8.28.050 Animal Manure N/A Not specifically covered in. IPMC.
Garbage is defined basically as "food waste
Rubbish is most everything else (combustible
and non combustible waste materials, except
garbage...). Neither of these definitions seem
to cover animal manure.
8.28.060 Certain Growth 302.4 Weeds
(Poison oak, poison ivy, deadly nightshade or {...shall be maintained free from weeds or plant
any noxious or toxic weed or uncultivated growth in excess of 24 inches...)
plant...weeds, tall grass...higher than two
feet...)
International Property Maintenance Code vs Tukwila Municipal Code
Page 2 of 6
Revision date 06/22/04
TMC Current Code IPMC New Code
Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code
Abatement of Dangerous Buildings (UCADB); TMC
Nuisance regulations (Chapter 8.28)
8.28.070 Uncovered Trash or Abandoned Material 307 Rubbish and Garbage
(...trash or abandoned material, unless ...kept 307.1 Accumulation of rubbish or garbage
in covered bins or metal receptacles...) 307.2 Disposal of rubbish
307.2.1 Rubbish storage facilities
307.3 Disposal of garbage
307.3.1 Garbage facilities
307.3.2 Containers
8.28.080 Potential Pest Harborage or Fire Danger 302.5 Rodent harborage
(Trash, litter, rags accumulations of empty
barrels, boxes, crates, packing cases, Fire hazard not specifically covered.
mattresses, bedding....)
8.28.090 Dangerous, Abandoned Buildings or Structures 108.1.1 Unsafe Structures
(...old, abandoned or partially destroyed 108.1.3 Structure unfit for human occupancy
building...or building left unfinished) 301.3 Vacant structures and land
NOTE: City of SeaTac does not permit
abandoned buildings to be boarded up or to
appear unoccupied. When they adopted the
1PMC last July they deleted section 301.3
regarding abandoned building and substituted
their own language.
International Property Maintenance Code vs Tukwila Municipal Code
Page 3 of 6
Revision date 06/22/04
TMC Current Code IPMC New Code
Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code
Abatement of Dangerous Buildings (UCADB); TMC
Nuisance regulations (Chapter 8.28)
8.24 Junk Vehicles and Improper Storage of 302.8 Motor Vehicles
Vehicles (...no inoperative or unlicensed motor vehicle
shall be parked, kept or stored on any
premises... Exemption for repair work done
inside a building)
8.28.110 Waste Vegetable or Animal Matter 307 Rubbish and Garbage
(Any putrid...bones, meat, hides, 307.1 Accumulation of rubbish or garbage
skins...butcher's trimmings...or any waste 307.3 Disposal of garbage
vegetable or animal matter...) 307.3.1 Garbage facilities
307.3.2 Containers
8.28.120 Places which occasions annoyances 302.6 Exhaust vents
(...use of any building...for the exercise of any 403.4 Process Ventilation
trade, employment or manufacture which
by...noxious exhalations, offensive odors or
other annoyances...)
8.28.130 Burning or disposing material in an annoying 403.4 Process Ventilation
manner
(Burning...of refuse...to cause...ashes...or Does not cover exterior burning specifically
smoke...to become annoying...) (i.e. trash barrels or burn piles.) These may be
covered under Fire Code regulations.
8.28.140 1 Disorderly houses N/A I No change. Police Department function.
8.28.150 J Places where Disturbance of the Peace Occurs N/A I No change. Police Department function.
8.28.160 1 Place where liquor used illegally i N/A 1 No change. Police Department function.
International Property Maintenance Code vs Tukwila Municipal Code
Page 4 of 6
Revision date 06/22/04
TMC Current Code IPMC New Code
Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code
Abatement of Dangerous Buildings (UCADB); TMC
Nuisance regulations (Chapter 8.28)
8.28.170 Unguarded Hole Dangerous to Life Not covered. TMC Citation will be maintained.
(Any unguarded or abandoned excavation, pit,
well or hole...)
8.28.180 Landscape Maintenance 302.4 Weeds
(...to fail to maintain landscaping...in
commercial, manufacturing or industrial or IPMC not specific to commercial areas.
multiple dwelling residential areas...)
8.28.190 Buildings to be secured 108.2 Closing of vacant structures
(...any unoccupied building...) 301.3 Vacant structures and land
8.28.200 Growth or Debris which obstruct public way 302.3 Sidewalks and Driveways
(...trees, plants, shrubs or vegetation which so
overhang any sidewalk or street...)
8.28.210 Violation Penalty Enforcement procedures will be consistent with
8.28.220 Failure to Comply with TMC 8.28.210 TMC 8.45 (Enforcement). Additional
8.28.230 Enforcement of TMC 8.28.210 through provisions for liens against property taxes, as
8.28.240 8.28.250 with the new Junk Vehicle Ordinance recently
8.28.250 Notice adopted.
Nuisance Abatement Cost to TMC 8.28.210
8.28.260 Abandoning or Discarding Refrigeration 307.2.2 Refrigerators
Equipment
(...accessible to children... any
refrigerator...which has not had the door
removed....)
International Property Maintenance Code vs Tukwila Municipal Code
Page 5 of 6
Revision date 06/22/04
TMC Current Code IPMC New Code
Citation Uniform Housing Code (UHC); Uniform Code for the Citation 2003 International Property Maintenance Code
Abatement of Dangerous Buildings (UCADB); TMC
Nuisance regulations (Chapter 8.28)
8.28.270 Permitting Unused Equipment to Remain on 307.2.2 Refrigerators
Premises
(...owner... who permits such unused
refrigerator...to remain on premises without
having the door removed...)
8.28.280 Keeping or Storing Equipment for Sale Not specifically addressed.
(...person who keeps or stores
refrigerators...for purpose of selling shall
not be guilty...if he takes reasonable
precautions to secure the door)
International Property Maintenance Code vs Tukwila Municipal Code
Page 6 of 6
Revision date 06/22/04
FROZEN DAIRY FOOD PRODUCTS 8.52.09C
8,52,090 Enforcement, The director of the Seattle-King County Department of Public Health is
authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any
rules and regulations promulgated thereunder ~)ursuant to the enforcement and oenalty provisions of Title
23. (Ord. 2910 § 2(part), 1976: Res. 31103 (part), 1965).
8.52,100 Dairy food plants. All frozen dairy foods plants from which mix or dairy foods are supplied
to the county, which are hereafter constructed., reconstructed, or extensively altered, shall conform in this
construction to the requirements of this chapter. Properly prepared plans for all frozen dairy foods plants
which are hereafter constructed, reconstructed, or extensively altered shall be submitted to the health officer
for approval before work is begun, and signed approval shall be obtained from the health officer. (Res.
31103§ 12, 1965).
Chapter 8.56
PUBLIC AND SEMIPUBLIC SWIMMING POOLS
Sections:
8.56.010 Definitions.
8.56.030 Enfomement.
8.56.040 Retmactivity.
8.56.050 Permit to operate required - Application - Issuance.
8.56.060 Plans and specifications for construction, alteration or
renovation.
8.56.070 Maintenance required.
8.56.080 Operation, maintenance and use responsibility.
8.56.090 Water quality.
8.56.100 Disinfection.
8.56.110 Recirculation and filtration.
8.56.120 Waste.
8.56.130 Cross-connections.
8.56.140 Operating records.
8.56.150 Alternate materials, equipment or precedures.
8.56.160 Severability.
8.56.010 Definitions. Certain words and phrases used in this chapter, unless otherwise deafly
indicated by their context, mean as follows:
A. "Approved" means approved in wdting by the director of Public Health.
B. "Director of Public Health" means the director of the Seattle-King County Department of Public
Health or his authorized representative.
C. "Swimming pool" means any structure, basin, chamber, or tank containing an artificial body of
water for swimming, diving, or recraational bathing and having a depth of two feet or more at any point, and
including all facilities incident thereto.
D. "Public swimming pool" means any swimming pool, together with buildings and appurtenances in
connection therewith which is available to the general ~ public with or without payment of an admission
charge for the use of
Attachment C
(King County 6-95)
8--66
8.56:010 - 8,56.040 HEALTH AND SANITATION
same; and includes any swimming pool which is fifteen hundred square feet or more in surface area,
whether or not available to the general public; or any swimming pool not otherwise defined in this section.
E. "Semipublic swimming pool" means any swimming pool provided for and used by numbers of
persons or multiple-family or cooperative groups such as, but not limited to, hotels, motels, trailer parks,
apartments, subdivisions, community clubs, pdvate clubs, institutions, or schools, the use of which is limited
to such groups and their invited guests, and where the same is less than fifteen hundred square feet in
surface area.
F.- '~Nading pool" means any artificial pool of water intended and constructed for wading purposes
which is not over two feet in depth at any point.
G. "Spray pool" means any pool or artificially constructed depression intended for use by children,
into which water is sprayed but is not allowed to pond in the bottom of the pool.
H. "Private pool" means swimming pool, wading pool or spray pool maintained by an individual, the
use of which is confined to members of his family or invited guests. Private pools shall not be subject to the
provisions of this chapter.
I. "Person" means any individual, or a firm, partnership, company, corporation, trustee, association,
or any public or private entity.
J. "Permit holder" means the person to whom the permit is issued or his authorized agent. (Ord.
451 § 1, 1970).
8.56.030 Enforcement. The director of Public Health shall enfome this chapter, and for such
purpose may establish rules and regulations consistent with this chapter and relating to such standards of
construction, disinfection, recimulation, filtration, water quality, and waste disposal as ara reasonably
necessary to ensure safe and sanitary operation of public or semipublic swimming pools. The director of
Public Health is authorized to enfome the provisions of this chapter and any rules and regulations
promulgated thereunder pursuant to the enforcement and penalty provisions contained in Chapter 23.04.
(Ord. 2910 § 9, 1976).
8.56.040 Retroactivity. The previsions of this chapter apply equally to new and existing public or
semipublic swimming pools, wading pools, and spray pools; provided, that it shall not make unlawful any
existing pool heretofore lawfully designed, constructed and equipped which is maintained and operated in
compliance with this chapter. (Ord. 451 § 4, 1970).
(King County 6-95)
847
PUBLIC AND SEMIPUBLIC SWIMMING POOLS 8.56.050 - 8.56.060
8,56,050 Permit to operate required - Application - Issuance. it is unlawful for any person to open
for use, or allow or cause to be used any public or semipublic swimming pool for swimming or bathing
purposes without having a currem, valid permit to operate issued by the director of Public Health.
Application for such permit accompanied by an annual fee of seventy-five dollars shall be made in wdting to
the director of Public Health on a form to be provided by him; provided, that the fee for any initial permit to
operate shall be prorated on the basis of one-twelfth the annual fee for each remaining month in the year;
and provided that in any subsequent calendar year that a permit is required by the terms of the ordinance
codified herein, and the public or semipublic swimming pool is operated for less than six months of the
calendar year, the permit fee shall be thirty-seven dollars and fifty cents. The director of Public Health shall
inspect the proposed public or semipublic swimming pool and, upon determination that such swimming pool
complies with applicable rules and regulations and the pmvis~ons of the ordinance codified herein, shall
issue a permit to operate to such applicant. Permits to operate shall expire on December 31st of the year for
which issued and shall be renewable upon like application and payment of the annual fee. Permits shall be
valid only as to the swimming pcol for which issued, but upon application may be transferred without charge
[rom pemon to person. Permits shall be posted conspicuously on the premises for which issued and shall
be protected from the weather. (Ord. 1057 § 1, 1971: Ord. 451 § 5(A), 1970).
8.66,060 Plans and specifications for construction, alteration or renovation. A. No person
shall construct, alter or renovate, or commence construction, alteration, or renovation of any public or
semipublic swimming pool, wading pool, spray pool, or appurtenances thereto, without first having obtained
the approval of the director of Public Health of plans and specifications for any such construction, alteration
or renovation. Such plans and specifications shall be submitted to the director of Public Health in duplicate
and in the case of new pools shall be prepared by an amhitect or professional engineer qualified in the
proposed work and licensed to practice such profession under the laws of the state of Washington. Such
plans shall be accompanied by a plan review fee based on the following schedule:
New pool $75.00
Renovation (including extensive changes in equipment,
piping or pool structure costing in excess of
$1500.00 50.00
Alteration (including change of filtration equipment,
pumps, or other mechanical equipment) 10.00
Plans shall be drawn to scale and accompanied by specifications containing details on all recirculation
and chemical equipment, including pumps, disinfection equipment, chemical feeders, filters, meters,
strainers, overflow channels and/or skimming facilities and related equipment so as to enable a
comprehensive engineering review of such plans and specifications including piping and hydraulic details. If
upon examination of such plans and specifications, the director of Public Health finds that the proposed
construction, alteration or renovation will comply with the previsions of this chapter and applicable rules and
regulations established in accordance herewith, he shall approve the same; provided, that such apprevai
may be conditioned upon the making of such modifications in such plans and specifications as the public
health or safety may require.
B. The construction, alteration or renovation of any public or semipublic swimming pool, wading
pool, spray pool, or appurtenances thereto shall be made in accordance with approved plans and
specifications therefor; provided, that changes or modifications in such plans and specifications consistent
with the public health and safety may be made with the wdtten approval of the director of Public Health.
Upon completion of any such construction, alteration, or modification, the owner or operator of such pool, or
the agent of either, shall notify the director of Public Health of its readiness for inspection. No such pool
shall be opened for use or allowed or caused to be used until inspected by the director of Public Health and
found to be in compliance with the previsions of this chapter and applicable rules and regulations
established in accordance herewith. (Ord. 451 § 6, 1970).
8--68
8.56.070 - 8.56:110 HEALTH AND SANITATION
8.56.070 Maintenance required. All public or semipublic swimming pools, spray pools, wading
pools, and all components thereof and appurtenances thereto and premises thereof shall be maintained in a
clean and sanitary condition at all times such pool is open to bathers. (Ord. 451 § 7(A), 1970).
8.56.080 Operation, maintenance and use responsibility. The permit holder shall be responsible
for the maintenance, operation and use of the public or semipublic swimming pool for which such permit is
issued, and shall provide one or more operators or attendants at such times as shall be necessary for the
maintenance and operation of such swimming pool in compliance with the provisions of this chapter and
applicable rules and regulations established in accordance herewith. All such operators and attendants
shall be familiar with the equipment and appurtenances of such swimming pool and the principles of pool
operation. (Ord. 451 § 7(B), 1970).
8.56.090 Water quality. The water in all public or semipublic swimming, wading and spray pools
shall at all times meet such standards of chemical, physical and bacteriological quality as the director of
Public Health shall establish to ensure that persons using such pools shall not be exposed to toxic or
irritating chemical conditions or disease producing organisms. (Ord. 451 § 8, 1970).
8.56.100 Disinfection. A disinfecting process or procedure having a minimum free chlodne residual
of 0.4 ppm or such other process or precodure approved by the director of Public Health for the purpose of
ensuring adequate and continuous disinfection of water throughout the pool dudng the pedod such pool is in
use shall be used in all public or semipublic swimming and wading pools. (Ord. 451 § 9, 1970).
8.56.110 Recirculation and filtration. Recimulafion and filtration equipment adequate to recirculate
and filter the entire volume of water at least once every six hours shall be provided for every public
swimming pool, and at least once every twelve hours for every semipublic swimming pool, or wading pool, or
more often in any such pool subject to excessive contamination, and such equipment shall be in operation at
all times such pool is open for use; provided, that such recireulafion and filtration equipment need not be
provided for a flow-through pool in which the supply of water meets the water quality requirements of Section
8.56.090, the disinfection requirements of Section 8.56.100, and is sufficient to provide a complete change
of water within the pedod required by this section, and the introduction of such water supply into the pool is
accomplished by the same type of inlet design required for reoircolation pools. (Ord. 451 § 10, 1970).
8-69
PUBLIC AND SEMIPUBLIC SWIMMING POOLS 8.56,120 - 8.60.010
8.56.'120 Waste. All water from backwash fi]tar residues, and other waste in any public or
semipublic swimming pool, wading pool or spray pool shall be disposed of in a safe and sanitary manner
approved by the director of Public Health. (Ord. 451 § 11, 1970).
8.56.130 Cross-connections. No piping arrangement shall be installed or used in any public or
semipublic swimming pool, wading pool, or spray pool, which under any condition will permit sewage or
waste water to enter the recirculation system or the pool, or which will permit water from the recimulation
system or the pool to enter the potable water supply or make-up water supply. (Ord. 451 § 12, 1970).
8.56.140 Operating records. At all public or semipublic swimming pools and wading pools,
complete daily records shall be kept of the times each altar is backwashed or cleaned, and of the results of
all tests made as to water quality and disinfectant residual. Such records shall be made available at any
reasonable time for examination by the director of Public Health. (Ord. 451 § 13, 1970).
8.56.150 Alternate materials, equipment or procedures. For the purpose of evaluating
equipment, materials, or procedures, or to meet any temporary emergency condition, the director of Public
Health may, consistent with the public health and safety, permit the use of materials, equipment and
procedures not specifically prescribed by this chapter or rules and regulations established in accordance
herewith. (Ord. 451 § 14, 1970).
8.56.160 Severability. The several provisions of this chapter are declared to be separate and
severable and the invalidity of any clause, sentence, paragraph, subdivision, section or portion of this
chapter or the invalidity of the application thereof to any person or circumstance shall not affect the validity of
the remainder of this chapter or the validity of its application to other persons and circumstances. (Ord. 451
§ 16, 1970).
Chapter 8.60
CONSUMER PROTECTION FOR
PURCHASERS OF REAL PROPERTY~
Sections:
8.60.010 Vendor - disclosure form required.
8.60.020 Vendor- disclosure form - contents.
8.60.030 Vendor - disclosure and alternative waiver forms - filing.
8.60.040 Enforcement.
8.60.0'10 Vendor - disclosure form required. Before the prospective purchaser of any parcel of
real property that is to be used for residential or business purposes, except that property being transferred
by court order, and that is not served by an approved public or an approved pdvate sewer system, has
entered into a binding agreement to purchase, the prospective vendor shall disclose in a wdting, in the form
(called the disclosure form) prescribed in this chapter, whether, before execution of the disclosure form, the
parcel has been found to be suitable for installation of an on-site sewage system in accordance with the
design and construction standards contained in the King County board of health code title 13. In the
altemative, the prospective purchaser in writing on the disclosure form may waive the vendor's disclosure
either unconditionally or upon the condition that the sale will not be closed unless the parcel is found to be
suitable for installation of an on-site sewage system in accordance with the design and construction
standards contained in the King County board of health code title 13.
~For water and sewer, see K.C.C. Title '13.
(King County 12-2002)
8--70
2003 International Property Maintenance Code Occupancy Standards
Room Description 1 Occupant 2 Occupants 3-5 Occupants 6 or more Occupants
Bedroom 70 s.f. 50 s.f. each 50 s.f. ea. 50 s.f. each
(7 x 10) (10xl0)
Living Room No requirements No requirements 120 s.f. 150 s.f
(10xl2) (10x15)
Dining Room No requirements No requirements 80 s.f. 100 s.f
(Sxl0) (10xl0).
Kitchen · No size reqmt. No size reqmt. No size reqmt. No size reqmt.
Cannot be used Cannot be used Cannot be used for Cannot be used for
for sleeping for sleeping sleeping sleeping
Bathroom 1 on the same or 1 on the same or 1 on the same or 1 on the same or
adjacent floor as adjacent floor as adjacent floor as adjacent floor as
bedroom bedroom bedroom bedroom
The square footage of kitchens, bathrooms, closets, halls and storage or utility rooms cannot be calculated
as sleeping space.
Real Life example #1 (house under construction in Allentown):
Total square footage is 1699.
Room Description Size in sq. feet Occupant Load
Master Bedroom 202.5 4 maximum
Bonus Room w/closet 61.25 0
Bedroom #2 140. 2
Bedroom #3 140 2
Living Room/Dining Room Combo 337 0
Based on the above, this home could accommodate 8 occupants under the IPMC.
Real Life example g2 (Pam Linder's house, used with permission):
Para offered her house for a medium sized residence of approximately 2800 s.f. total.
Room Description I Size in sq. feet Occupant Load
Master Bedroom 195 3
Bedroom #2 80 1
Bedroom #3 132 2
Bedroom g4 100 2
Basement (currently unfinished but of 239 4
sufficient headroom)
Based on the above, Pam's house could accommodate 12 people.
Attachment D
Washington State Human Rights Commission Page 1 of 3
Fair Housing Occupancy Standards
~esource Contacts
History
Am rican Chron I '- GUZDANCE HEFIORANDUFI
· rem Cou C s
~ SUBJECT:
Occupancy Standards and Surcharges in Housing Discrimination
Protection from discrimination against families with children
On February 20, 1998, the Commission issued this Guidance Flemorandum with
the intention of ensuring equitable application of the Washington State Law
Against Discrimination in the area of protection against discrimination toward
families with children.
With passage of amendments to RCW 4-9.60 in 1993, landlords can no longer
have a blanket prohibition to renting to families with children. The era of "adults
only" housing is over. The Washington State Legislature provided an exemption
for apartments or communities that qualify as "housing for older persons" in
:[997. However, the great majority of housing opportunities remain open for
families with children.
Since 1993 families have found that other landlord policies have in effect barred
them from renting certain apartments or houses. Those policies are frequently
called occupancy standards (limiting the number of people who can occupy a
unit) and surcharges (fee in addiUon to an amount of rent based on the number
of people who occupy a unit).
Currently, landlords can set reasonable occupancy standards that are based on
business needs. If a complaint is filed, the Commission will look at many factors
to determine if the occupancy standard violates RCW 4-9.60. The following is a
list of some of the factors the Commission may consider. This list is not
exhaustive, nor would an investigator necessarily consider each of these factors
in every case. Rather, investigators review the specific circumstances of each
complaint and the specific housing in question.
1. Is the occupancy standard or surcharge applied to the number of people
occupying a unit or is it applied to the number of children occupying a unit?
2. Is there a history of "adults only" rules, segregation or prohibitions by the
landlord?
3. Are there families with children in the apartment complex, community or
other rental property under the control of the respondent?
Attachment E
Washington State Human Rights Commission Page 2 of 3
4. Is there evidence of rules directed at children that are not otherwise allowable
due to safety concerns?
5; Is there any other information that supports or refutes the allegation that the
occupancy standard or surcharge is being used in order to bar children from
occupancy?
6. What business related factors has the landlord used to come to the occupancy
standard or surcharge?
7. What are the local zoning or building occupancy limitations on the particular
unit, house, apartment complex or community?
8. What is the size and configuration of the house or unit?
9. What is the size and configuration of the apartment complex or community?
10. Are there other structural or configuration elements which were considered?
11. Are utilities ~eparately metered to each unit and the responsibility of the
tenant?
:L2. Are utilities metered and paid by the landlord?
13. If so, how does the landlord recoup the cost of the utilities?
14. Does the landlord have evidence of actual increased use of utilities?
15. What is the percentage of families with children (and families with one, two,
three, etc. children) in the local population (assuming that the local population
comprises the pool of prospective tenants)?
16. What is the age and condition of the structure and its accompanying
systems (electric, water, and sewer)?
17. Is on-street or off-street parking space a consideration? If so, how?
After gathering all the relevant information, the Commission must then
determine whether the occupancy standard or surcharge violates RCW 49.60.
Occupancy standards that are less than 2 persons per bedroom generally will
raise a question of lawfulness..The justification for the limit will need to show
that it is reasonable in light of one or more of the factors noted above.
Surcharges that are not related to increased costs generally will raise a question
of lawfulness. The justification for the surcharge will need to show that it is
reasonable in light of one or more of the factors noted above.
It is the intent of the Commission to protect the civil rights of families with
children and also the intent of the Commission to assist landlords to make
reasonable business decisions which are not in violation of the law, Each case
presents a unique set of facts and the parties need the opportunity to present
Washington State Human Rights Commission Page 3 of 3
evidence that assists the Commission to administer the law.
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about this site, please contact the Webmaste_r. PRIVACY NOTICE
:.'..X'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING THE 2003 EDITION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING
ORDINANCE NO 1593, CERTAIN SECTIONS OF ORDINANCE NO 1837
REGARDING NUISANCES, NO 1838 SECTION 5, AND NO 1845;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFLCTTVE
r DATE.
WHEREAS, in the interest of public health, safety and welfare, the City Council of
the City of Tukwila desires to adopt by reference the 2003 edition of the International
Ji.:0"4 Property Maintenance Code to regulate and govern the conditions and maintenance of
all property, buildings and structures in the City; to provide the standards for supplied
'21r utilities and facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; to provide for the
condemnation of buildings and structures unfit for human occupancy and use; and to
provide for the demolition of such existing structures in the City of Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TTIKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. International Property Maintenance Code Adopted.
A. The City of Tukwila hereby adopts by reference, as if fully set forth herein, the
2003 edition of the International Property Maintenance Code "IPMC as published by
the International Code Council and as amended in subsection (B) below, to be the
Property Maintenance Code of the City of Tukwila. Three copies of the adopted IPMC
are on file in the office of the City Clerk of the City of Tukwila, and have been marked
:r and designated as such.
B. The City of Tukwila hereby adopts the following changes to the IPMC as
I% =6 adopted in subsection (A) above:
i? 1. IPMC Section 101.1 shall reflect that the name of the jurisdiction is the City of
Tukwila.
2. IPMC Section 103.5 (Fees) is hereby repealed in its entirety.
f 3. JPMC Section 111 (Means of Appeal) is hereby repealed in its entirety. Any
person directly affected by a decision of the code official or a notice or order or a civil
citation issued under this code or Tukwila Municipal Code Chapter 845 shall have the
right to appeal to the City Hearing Examiner or the municipal court as set forth in TMC
Chapter 8.45. In addition to, or in lieu of, any other state or local provisions for the
recovery of costs or penalties incurred or assessed under TMC Chapter 8.45, the City
Treasurer may, pursuant to RCW 35.80.030(1)(h), certify to the King County Treasurer an
assessment amount equal to the costs of abatement, removal, or repair of the property
s and /or any associated penalties and collections to the tax rolls against the property for
the current year and the same shall become a part of the general taxes for that year to be J.
collected at the same time and with interest at such rates and in such manner as provided
*It' I for in RCW 84.56.020.
44
1 of
International Building Code 7/9/04
Attachment F
4. The first sentence of IPMC Section 302.4 (Weeds) is hereby amended to read
as follows: "All premises and exterior property shall be maintained free from weeds or
z plant growth in excess of 24 inches." The remainder of IPMC Section 302.4 shall remain in
effect as currently adopted.
5. The first sentence of IPMC Section 304.14 (Insect screens) is hereby amended
to read as follows:
During the period from January 1 to December 31, every door,
window and other outside opening required for ventilation of
habitable rooms, food preparation areas, food service are or
any other areas where products to be included or utilized in
food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tightly
fitting screens of not less than 16 mesh per inch (16 mesh per 24
nun) and every swinging door shall have a self-dosing device
in good working condition
The remainder of IPMC Section 304.14 shall remain in effect as
currently adopted.
6. The first sentence of IPMC Section 602.3 (Heat supply) is hereby amended to
read as follows:
Every owner and operator of any building who rents, leases or
lets one or more dwelling unit, rooming unit, dormitory or
guestroom on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the
period from January 1 to December 31 to maintain a
temperature of not less that 68° (20 °C) in all habitable rooms,
bathrooms, and toilet rooms.
The remainder of IPMC Section 6023 shall remain in effect as
currently adopted.
7. The first sentence of IPMC Section 602.4 (Occupiable work spaces) is hereby
f amended to read as follows:
Indoor occupiable work spaces shall be supplied with heat
during the period from January 1 to December 31 to maintain a
temperature of not less than 65 °F (18 °C) during the period the
spaces are occupied.
Section 2. Repealer. Ordinance Nos. 1593 and 1845, as codified at Tukwila
Municipal Code Chapter 16.06 (Housing Code), are hereby repealed.
Section 3. Repealer. Ordinance Na 1837, as codified at Tukwila Municipal Code'
8.28.020, 8.28.030, 828.040, 8.28.060, 8.28.070, 8.28.080, 828.090, 8.28.100, 828.110, 828.120,
828.130, 828190, 8.28200, 828.210, 828.220, 828:230, 828240, 828250, 8.28260, 828270,
and 828280, and Ordinance No.1838 Section 5, are hereby repealed.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
2 of 3
International Building Code 7/9/04
Section 5 Effective Date Tlus ordinance inance or a summary thereof .hall»pub ed
in the official newspaper of the City, ad shall talce effect and &a full force five days
r passage and pub as pro vided by law
PASSED BY THE CITY CO UNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of .2004
ATTEST/AUTHENTICATED:
Steven MMullet Mayor
y
Jane E Cantu, c e City Clerk
d with the City Clerk.
APPROVED AS TO FORM BY Passed by the City Counczl
rte»
Effective Den.
o eof t City Attorney Ordinance Num
I
7/9/04 ,z,
Community and Parks Committee
June 29, 2004
Present: Para Linder, Chair; Joe Duffle, Dave Fenton
Kathy Stetson, Evie Boykan. Jack Pace, Steve Lancaster, Lynn Miranda, Lucy
Lauterbach; Tom Gut and Don Monahan Sea Tac Public Works
1. Interlocal re CDBG and Home Investment Programs The City receives CDBG and HOME
housing investment program funds through King County, which uses a Joint Recommendations
Committee (JRC) to advise the County on allocations. The JRC duties and composition are spelled out
in the interlocal the cities and county sign for the distribution of funds. Representation on the JRC is
being changed to allow more suburban representation. Taking one County representative off and
adding 2 members each from south and north/east suburban King County is the change being
addressed. The Committee supported the amendment to the inteflocal. Recommend interlocal
amendment to Council.
2. Dollar Rent-A-Car Signs Dollar Rent-A-Car is located on S. 160th/T[B at the boundary of Sea Tac
and Tukwila. Sea Tac is now improving TIB at this location, and in the construction process one of
Dollar's signs was damaged beyond repair. Tukwila's sign code requires nonconforming signs (which
these are) to be made conforming when the sign is relocated or modified. Two options were presented:
either change the boundary to give the business to Sea Tac, which would allow two signs; or pass a
waiver to allow the business to have two signs placed just outside the right of way. The Sea Tac staff
members were relieved they did not have to condemn the signs, which could have cost the city up to $1
m. Recommend resolution to COW and Regular Meeting.
2a. Junk Cars & Property MaintenanceThe Committee members asked Don and Tom about their
code enforcement of the Sea Tac junk car and property maintenance ordinances. The ordinances for
junk cars are strictly enforced in the front and side yards visible from the street. A citizen group had
worked with city officials to define how much (what percentage) of a yard or front property could be
used for parking vehicles. Another law they passed did not allow the freestanding tents (a tent roof on
four 7' poles) in front yards unless it has no walls. Both said it was going very well, with no public
outcry from citizens over the more strict regulations. When asked if they'd given residents a year to get
used to the new codes before they were strictly Chromed, Tom said he didn't think it was that long,
though he thought it could have been six months. They said they advertised their new standards for
about six months in their city newsletter. Information.
3. Ordinance Renewing TOD Moratorium The Transit Oriented Development (TOD) area off of
Interurban has had a moratorium since 2002, when the City decided to have an integrated plan for this
area. The planning has proceeded with public input through several stages, but is not quite done yet.
The Council did approve an amendment to the original moratorium ordinance, adding uses allowed
there. An applicant has asked for a broadening of those uses, but the staffand Committee members
agreed that was not appropriate now. The Committee chose to renew the moratorium for six months,
hoping work will be done by then to be able to remove it. Recommend resolution extending
moratorium to COW and Regular Meeting.
4. Charles River Contract Dan Brand of Charles River has helped the City in its negotiations with
Sound Transit over parking issues. Issues have changed since his work first started, and his expertise is
still needed to respond to Sound Transit's proposals. This can be done through a contract extension,
adding $30,000 to the current contract. The Committee supported this proposition. Recommend
contract extension to COW and Regular Meeting.
$I International Property Maintenance Code The Committee had considered this Code in April,
fand it went to the Council, where many questions about its implementation and effect were asked.
Further consideration was recommended, and the committee again reviewed the Code and the impacts
it would have on Tukwila citizens. Staffhad prepared a memo asking and answering some of the
questions that had come up previously. They went over some of the thomy issues previously
discussed.
The new code will work with the new International Building Code as well as other new Fire,
Mechanical, and Residential Codes. It covers topics not covered in the 1997 Housing Code, though
some subjects that have raised concern are already in the Housing Code. It can be used to clean up
rental, houses, as well as buildings that are not houses The new code could address these issues in
apartments as well as in houses. CDBG funds are available for people to address some home
improvements needed for health and safety.
The Committee discussed the item about no. major car repairs in carports. After discussion about the
need to have a place to work on cars, as well as the aesthetics and potential hazard major car repair
could entail, the Committee decided that a person working on one car even for major work would
probably not be cited (unless neighbors reported the car work as a problem). It is the continuous
working on several cars of friends and families, often with multiple cars on the property at once, that is
the target of the new Code.
One of the things Sea Tac did was limit parking at single family homes as a way to address a very
large number of people living in one house. Pam L had estimated that her large house could legally
hold 14 people, with potentially 14 cars. It is the cars that cause the neighborhood problems. Sea Tac
addressed this by limiting the number of cars a house can park. It is one way to address the issue of
overcrowding in homes. Kathy will devise charts of both small and large homes and how many people
can legally reside in them.
Dave asked about the pool and spa provisions. He has to meet stringent King County Public Health
codes, and he is meticulous about keeping his pool in compliance year round. The Ben Carol pool, on
the other hand, is a public danger as the muck tums the water thick green and nothing under the surface
can be seen all winter. The new code would allow this to be addressed. Dave wanted to be sure the
provisions in the IPMC did not conflict with the Public Health rules.
The Committee members felt that though everyone might not like all the provisions in it, the new
IMPC was worth passing intact. As Steve L said, it is a matter of policy for the Council to decide how
they want the City to look. Joe thought that since several cities around us had passed the Code,
Tukwila should keep up with them. Recommend International Propert~ Maintenance Code to
Council.
~ Committee chair approval