HomeMy WebLinkAboutReg 2009-09-21 Item 8B - Ordinance - 2006 WA Cities Electrical Code COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER 09-124 1 ORIG INA]. AG I NDA D \TI 09/14/09
AG FNMA I1'I ?NITI"iim Adoption of the Washington Cities Electrical Code
C. \'1'I :G()RY Discussion Motion Resolution Ordinance Bid Award Public Hearing n Other
Rltg Date 09/14/09 Mtg Date Mtg Date Mtg Date 09/21/09 illtt Date Mtg Date Mtg Date
Si C )NSOR Council Mayor Adm Svcs DCD E Finance Fire Ledal P &R Police PW
Si NS( )R'S As with all of the codes adopted by the state, the electrical code is revised, amended and
SUMMARY re- published on a three year cycle. Consequently, it is important to update the City's
adopted code to remain current with the State and with any amendments that the State
adopts. This is necessary to ensure that our City regulations remain equal to or better
than that which the State enforces. This is a prerequisite for a City to regulate electrical
installations within its jurisdiction.
Ric \'II.WI.D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. n Parks Comm. Planning Comm.
DATE: 08/ 24/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
Ex1 1 NDITURI': RI?c )UIR1M AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: N/A
Cotnments:
MTG. DATE RECORD OF COUNCIL ACTION
09/14/09 forward to Next Regular Meeting
MTG. DATE ATTACHMENTS
09/14/09 Informational Memorandum dated 08/18/09
Ordinance in draft form
Minutes from the Community Affairs and Parks Committe 8/24/09
09/21/09 Ordinance in Final Form
City of Tukwila
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2121, 2157 AND 2171,
AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.04,
"BUILDINGS AND CONSTRUCTION," ADOPTING THE 2006 STATE
BUILDING CODE, AND THE WASHINGTON CITIES ELECTRICAL
CODE; ESTABLISHING AUTHORITY FOR HEARING RELATED
APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Chapter 19.27 RCW requires that all jurisdictions in the State shall
enforce the State Building Code as adopted by the State Building Code Council,
effective July 1, 2007; and
WHEREAS, the International Building Code, International Residential Code,
International Mechanical Code, International Fire Code and Uniform Plumbing Code
are documents that are adopted by the State Building Code Council as parts of the State
Building Code; and
WHEREAS, the 2008 National Electrical Code has been adopted as the State
Electrical Code; and
WHEREAS, the City Council desires to adopt provisions for administration and
enforcement of the State Building Code and the Washington Cities Electrical Code; and
WHEREAS, the City Council desires to establish the City of Tukwila Hearing
Examiner as the authority to hear and rule on appeals relative to the application and
interpretation of the State Building Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC 16.04.020 Modified. TMC 16.04.020, "Codes Adopted," is hereby
modified by moving Electrical Code references to a separate section, to read as follows:
16.04.020 Codes Adopted
Effective July 1, 2007, the following codes are adopted by reference as if fully set
forth herein:
1. The International Building Code, 2006 Edition, and referenced standards
hereto as published by the International Code Council, Inc., and as adopted by the State
of Washington in Chapter 51 -50 WAC. The following Appendices, standards and
amendments are specifically adopted:
a. Appendix E, Supplementary Accessibility Requirements.
b. ICC ANSI A117.1- 2003, American National Standard.
c. Section 101.2 of the International Building Code, 2006 Edition, is
amended to include Exception 2: Work performed by the City of Tukwila and located
in City of Tukwila right -of -way; work performed by Washington State Department of
Transportation and located in WSDOT right -of -way to include public utility towers and
poles, mechanical equipment not specifically regulated in this code, and hydraulic flood
control structures; provided that any structures or buildings intended to be used as any
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Washington
Ordinance No.
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occupancy classification of the State Building Code are not exempt from the provisions
of this code.
d. All sections and references to provisions in the ICC Electrical Code and
ICC Plumbing Code are not adopted.
e. Definition. Section 105.2, "Building," item 1, is amended to read: One-
story detached accessory structures used as tool and storage sheds, playhouses and
similar uses; provided the floor area does not exceed 120 square feet, and such structure
is outside of and entirely separated from any existing building on the premises.
f. Appeals. Section 112, "Board of Appeals," is amended as follows: Any
person, firm or corporation may register an appeal of a decision or determination of the
Building Official, provided that such appeal is made in writing within 14 calendar days
after such person, firm or corporation shall have been notified of the Building Official's
decision. Any person, firm or corporation shall be permitted to appeal a decision of the
Building Official to the Tukwila Hearing Examiner when it is claimed that any one or
more of the following conditions exists:
1) The true intent of the code or ordinance has been incorrectly inter-
preted.
2) The provisions of the codes or ordinances do not fully apply.
3) The decision is unreasonable or arbitrary as it applies to
alternatives or new materials.
Appeal procedures shall be in accordance with TMC Chapter 18.116.030.
g. Section 105.5 is amended as follows:
1) Expiration. Every permit issued by the Building Official under the
provisions of this code shall expire by limitation, and become null and void if the work
authorized by such permit is not commenced within 180 days from the date of such
permit; or after the work is commenced, if the work is suspended or abandoned at any
time for a period of 180 days.
2) Extensions to permits. Any person holding an unexpired permit
may apply for an extension of the time within which work may commence under that
permit when the person is unable to commence work within the time required by this
section. The Building Official may extend the time for action for a period not to exceed
180 days, provided that the request is in writing and shows that circumstances beyond
the control of the permit holder have prevented action from being taken. No permit
shall be extended more than once.
3) Renewals of expired permits. Before such work can be recommenced,
a new permit shall be first obtained. The permit fee therefore shall be one half the
amount required for a new permit for such work; provided that no changes have been
made or will be made in the original plans and specifications for such work, and
provided further that such suspension or abandonment has not exceeded one year. In
order to renew action on a permit after expiration of more than one year, the permittee
shall pay a new full permit fee and plan review fee where applicable.
h. Section 113.4, "Violations and Penalties," is amended to include: Any
person, firm or corporation who shall willfully violate or fails to comply with a Notice
and Order is liable for the monetary penalties prescribed in TMC 8.45.100(A2).
2. The International Residential Code for One and Two Family Dwellings,
2006 Edition, published by the International Code Council, Inc., as adopted by the State
of Washington, provided that Chapters 11 and 25 through 42 of this code are not
adopted. Energy code provisions are superceded by Chapter 51 -11 WAC; plumbing
code provisions are superceded by Chapter 51 -56 WAC; electrical code is the NEC,
NFPA 70 as adopted by the City of Tukwila. Appendix G, "Swimming Pools, Spas and
Hot Tubs," is included in the adoption of the International Residential Code. However,
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where there is conflict between Appendix G and TMC Chapter 16.25, the more
restrictive provision shall apply, provided that the following amendment is applicable:
a. Expiration. Every permit issued by the Building Official under the
provisions of this code shall expire by limitation, and become null and void if the work
authorized by such permit is not commenced within 180 days from the date of such
permit; or after the work is commenced, if the work is suspended or abandoned at any
time for a period of 180 days.
b. Extensions to permits. Any person holding an unexpired permit may
apply for an extension of the time within which work may commence under that
permit, when the person is unable to commence work within the time required by this
section. The Building Official may extend the time for action for a period not to exceed
180 days provided that the request is in writing and shows that circumstances beyond
the control of the permit holder have prevented action from being taken. No permit
shall be extended more than once.
c. Renewals of expired permits. Before such work can be recommenced,
a new permit shall be first obtained. The permit fee, therefore, shall be one half the
amount required for a new permit for such work, provided that no changes have been
made or will be made in the original plans and specifications for such work; and
provided further that such suspension or abandonment has not exceeded one year. In
order to renew action on a permit after expiration of more than one year, the permittee
shall pay a new full permit fee and plan review fee where applicable.
d. Appeals. Section 112, "Board of Appeals," is amended as follows: Any
person, firm or corporation may register an appeal of a decision or determination of the
Building Official, provided that such appeal is made in writing within 14 calendar days
after such person, firm or corporation shall have been notified of the Building Official's
decision. Any person, firm or corporation shall be permitted to appeal a decision of the
Building Official to the Tukwila Hearing Examiner when it is claimed that any one or
more of the following conditions exists:
1) The true intent of the code or ordinance has been incorrectly inter-
preted.
2) The provisions of the codes or ordinances do not fully apply.
3) The decision is unreasonable or arbitrary as it applies to
alternatives or new materials.
Appeal procedures shall be in accordance with TMC Chapter 18.116.030.
3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards,
2006 Edition, published by the International Association of Plumbing and Mechanical
Officials, and as adopted by the State of Washington in Chapters 51 -56 and 51 -57 WAC,
provided that Chapters 12 and Chapter 15 of this code are not adopted. Provided
further, that those requirements of the Uniform Plumbing Code relating to venting and
combustion air of fuel fired appliances as found in Chapter 5 and those portions of the
Code addressing building sewers are not adopted. Appendixes A, B, D, and I of the
Uniform Plumbing Code are hereby adopted by reference. Provided further, that the
following amendments to the Uniform Plumbing Code are adopted:
a. All reference to and definition of "authority having jurisdiction" is
deemed to refer to and shall mean the "Building Official."
b. UPC Section 103.4.5.1. The Building Official may authorize the
refunding of any fee paid hereunder that was erroneously paid or collected.
c. Water supply and distribution. Cross connection control for premises
isolation related to the City's public water system shall be in accordance with the City of
Tukwila Public Works Department's "Development Guidelines and Design and
Construction Standards." Cross connection control for premises isolation related to
water purveyors outside of the City of Tukwila water system shall be in accordance
with that water purveyor's policies and standards.
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d. Sanitary drainage. Side sewer, private sewer main extensions beyond
a point defined in the plumbing code as the building drain, and required grease
interceptors all within the City's sewer districts shall be in accordance with the City of
Tukwila Public Works Department "Development Guidelines and Design and
Construction Standards." Sanitary drainage, side sewers, private sewer main extensions
beyond the building drain and grease interceptors outside the Tukwila sewer district
shall be in compliance with that purveyor's policies and standards.
e. Appeals. Section R112, "Board of Appeals," is amended as follows:
Any person, firm or corporation may register an appeal of a decision or determination
of the Building Official, provided that such appeal is made in writing within 14
calendar days after such person, firm or corporation shall have been notified of the
Building Official's decision. Any person, firm or corporation shall be permitted to
appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is
claimed that any one or more of the following conditions exists:
1) The true intent of the code or ordinance has been incorrectly inter-
preted.
2) The provisions of the codes or ordinances do not fully apply.
3) The decision is unreasonable or arbitrary as it applies to
alternatives or new materials.
Appeal procedures shall be in accordance with TMC Chapter 18.116.030.
4. The International Mechanical Code, 2006 Edition, as published by the
International Code Council, Inc., and as amended and adopted by the State of
Washington in Chapter 51 -52 WAC.
5. The Washington State Ventilation and Indoor Air Quality Code, 2006
Edition; Chapter 51 -13 WAC.
6. The International Fuel Gas Code, 2006 Edition, Chapter 51 -52 -21000 WAC.
Section 2. Ordinances Amended. Ordinance Nos. 2121, 2157 and 2171 are hereby
amended to adopt a new Section 16.04.025 to read as follows:
16.04.025 National Electrical Code and Standards
A. The 2008 Edition of the National Electrical Code (NFPA 70), including Annex
A, B and C; the 2007 Edition of Standard for the Installation of Stationary Pumps for
Fire Protection (NFPA 20- 2007); the 2005 Edition of Standard for Emergency and
Standby Power Systems (NFPA 110- 2005); Commercial Building Telecommunications
Cabling Standard (ANSI /TIA /EIA 568 -B.1 June 2002 including Annex 1 through 5);
Commercial Building Standard for Telecommunications Pathway and Spaces
(ANSI /TIA /EIA 569 -A -7 December 2001 including Annex 1 through 4); Commercial
Building Grounding and Bonding Requirements for Telecommunications
(ANSI /TIA /EIA 607 -A- 2002); and the Residential Telecommunications Cable Standard
(ANSI /TIA /EIA 570 -B -2004) are adopted and shall be applicable within the City of
Tukwila, as amended, added to and excepted in the Washington Cities Electrical Code,
Part III, NEC Amendments.
B. In accordance with RCW 19.28.010(3), where the State of Washington
Department of Labor and Industries adopts a more current edition of the National
Electrical Code (NFPA 70) the Building Official may supplement the use of the
Washington Cities Electrical Code with newly- adopted editions of the National
Electrical Code. Provided further, that the following administrative procedures are
adopted:
1. The authority having jurisdiction within the City of Tukwila shall mean the
Building Official, and shall include the Senior Electrical Inspector or other individuals
as designated by the Building Official.
2. The authority having jurisdiction is hereby authorized and directed to
enforce the provisions of this code and shall have the authority to render interpretations
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of this code in order to provide clarification to its requirements, as permitted by Article
90.4, and to adopt policies and procedures in order to clarify the application of its
provisions and the administration of this code. Where procedures are not specifically
identified herein, Part 2 of the Washington Cities Electrical Code shall be referenced.
3. This code applies to new electrical installations. If an electrical permit
application is received after the effective date of this code but is associated with a
building permit application received prior to the effective date of the ordinance codified
in this chapter, all applicable codes adopted and in force at the time of a complete
building permit application will apply.
4. Lawfully installed existing electrical installations that do not comply with
the provisions of this chapter shall be permitted to be continued without change, except
as is specifically covered in this code or as is deemed necessary by the Building Official
for the general safety and welfare of the occupants and the public. Where changes are
required for correction of hazards, a reasonable amount of time shall be given for
compliance, depending on the degree of the hazard.
5. Additions, alterations or repairs to any building, structure or premises
shall conform to that required of a new building, without requiring the existing
building to comply with all the requirements of this code or amendments adopted by
reference herein. Additions, alterations, installations or repairs shall not cause an
existing building to become unsafe or to adversely affect the performance of the
building as determined by the authority having jurisdiction. Electrical wiring added to
an existing service, feeder or branch circuit shall not result in an installation that
violates the provisions of the Code in force at the time the additions are made.
6. When the use of any electrical equipment or its installations is found to be
dangerous to human life or property, the Building Official shall be empowered to have
the premises disconnected from its source of electric supply. When such equipment or
installation has been so condemned or disconnected, a notice shall be placed thereon
listing the causes for the condemnation, the disconnection, or both, and the penalty for
unlawful use thereof. Written notice of such condemnation and the causes therefore
shall be given within 24 hours to the owners, the occupant or both, of such building,
structure or premises. It shall be unlawful for any person to remove said notice, to
reconnect the electric equipment to its source of electric supply, or to use or permit to be
used electric power in any such electric equipment until such causes for the
condemnation or disconnection have been remedied to the satisfaction of the Building
Official.
7. The authority having jurisdiction shall be permitted to delegate to other
qualified individuals such powers as necessary for the proper administration and
enforcement of this code.
8. The authority having jurisdiction shall be authorized to inspect, at all
reasonable times, any building or premises for dangerous or hazardous conditions or
equipment as set forth in this code. The Building Official shall be permitted to order
any person(s) to remove or remedy such dangerous or hazardous condition or
equipment. Any person(s) failing to comply with such order shall be in violation of this
code.
9. Where the authority having jurisdiction deems that conditions hazardous
to life and property exist, he or she shall be permitted to require that such hazardous
conditions in violation of this code be corrected.
10. To the full extent permitted by law, the authority having jurisdiction
engaged in inspection work shall be authorized at all reasonable times to enter and
examine any building, structure or premises for the purpose of making electrical
inspections. Before entering premises, the authority having jurisdiction shall obtain the
consent of the occupant thereof or obtain a court warrant authorizing entry for the
purpose of inspection, except in those instances where an emergency exists. As used in
this section, emergency means circumstances that the authority having jurisdiction
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knows or has reason to believe exist, and that reasonably can constitute immediate
danger to persons or property.
11. The Building Official shall be permitted to require plans and specifications
to ensure compliance with this code.
12. The authority having jurisdiction shall be permitted to waive specific
requirements in this code, or permit alternative methods where it is assured that
equivalent objectives can be achieved by establishing and maintaining effective safety.
Technical documentation shall be submitted to the authority having jurisdiction, to
demonstrate equivalency and that the system, method or device is approved for the
intended purpose.
13. Each application for a waiver of a specific electrical requirement shall be
filed in writing and shall be accompanied by such evidence, letters or statements to
justify the request. Approval or denial of said request shall be in writing.
14. Application for a permit required by this code shall be made to the
Building Official in such form and detail as prescribed by the Building Official. The
Building Official shall have the authority as necessary in the interest of public health,
safety and general welfare, to adopt and promulgate rules and regulations related to
inspections, inspection approval and refund of fees.
15. Limitation of application. An application for a permit for any proposed
work or operation shall be deemed to have been abandoned 180 days after the date of
filing, unless such application has been pursued in good faith or a permit has been
issued. The Building Official is authorized to grant one extension of time for an
additional period not exceeding 90 days. The extension shall be requested in writing
and justifiable cause shall be demonstrated.
16. Limitation of permit. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. The
Building Official is authorized to grant, in writing, one extension for a period of not
more than 180 days. The extension shall be requested in writing and justifiable cause
shall be demonstrated.
17. Suspension or revocation. The Building Official is authorized to suspend
or revoke a permit issued under the provisions of this code wherever the permit is
issued in error, on the basis of incorrect, inaccurate, false representations or incomplete
information; in violation of any ordinance, regulation, or any of the provisions of this
code. A permit shall be issued to one person or business only and for the location or
purpose described in the permit. Any change that affects any of the conditions of the
permit shall require a new or amended permit.
18. Payment of fees. A permit shall not be valid until the fees prescribed by
ordinance have been paid, nor shall an amendment to a permit be released until the
additional fee, if any, has been paid.
19. Schedule of permit fees. A fee for each permit shall be paid as required, in
accordance with TMC 16.04.250(G).
20. Appeals. Section 112, "Board of Appeals," is amended as follows: Any
person, firm or corporation may register an appeal of a decision or determination of the
Building Official, provided that such appeal is made in writing within 14 calendar days
after such person, firm or corporation shall have been notified of the Building Official's
decision. Any person, firm or corporation shall be permitted to appeal a decision of the
Building Official to the Tukwila Hearing Examiner when it is claimed that any one or
more of the following conditions exists:
a) The true intent of the code or ordinance has been incorrectly
interpreted.
b) The provisions of the codes or ordinances do not fully apply.
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c) The decision is unreasonable or arbitrary as it applies to alternatives or
new materials.
Appeal procedures shall be in accordance with TMC Chapter 18.116.030.
21. Violations. Whenever the authority having jurisdiction determines that
there are violations of this code, a written notice shall be issued to confirm such
findings. Any Notice Order issued pursuant to this code shall be served upon the
owner, operator, occupant or other person responsible for the condition or violation,
either by personal service or mail, or by delivering the same to and leaving it with some
person of responsibility upon the premises. For unattended or abandoned locations, a
copy of such Notice Order shall be posted on the premises in a conspicuous place, at
or near the entrance to such premises, and the Notice Order shall be mailed by
registered or certified mail, with return receipt requested, to the last known address of
the owner, occupant or both.
22. Penalties. Any person, firm or corporation who shall willfully violate or
fails to comply with a Notice Order is liable for the monetary penalties prescribed in
TMC 8.45.100(A2).
Section 3. 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.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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