HomeMy WebLinkAboutReg 2007-07-02 Item 6B - Ordinance - Amend Ord #2121 and Ord #2157 Adopt 2006 State Buidling Code y
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C ity of Tukwil
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2191 AND 2157, AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.04,
"BUILDINGS AND CONSTRUCTION," ADOPTING THE 2006 STATE
BUILDING CODE; ESTABLISHING AUTHORITY FOR HEARING
RELATED APPEALS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN ErrhCTTVE 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 City Council desires to adopt provisions for administration and
enforcement of the State Building 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, DO ORDAIN AS FOLLOWS:
Section 1. TMC 16.04 Amended. Ordinance Nos. 2121 and 2157, as codified at
TMC 16.04, "Buildings and Construction," are hereby amended to read as follows:
CHAPTER 16.04
BUILDINGS AND CONSTRUCTION
Sections:
16.04.010 Purpose of Chapter
16.04.020 Codes Adopted
16.04.030 Filing of Copies of State Building Codes
16.04.040 Compliance with Other Regulations as Prerequisite for Building Permits
16.04.050 Building Moving and Demolition Permits
16.04.060 Application for Relocation /Demolition Permit
16.04.070 Correction of Defects Before Issuance of Permit
16.04 080 Terms and Conditions of Issuance
16.04.090 Application Fee
16.04.100 Debris and Excavations
16.04.110 Expiration
16.04.120 Relocation Bond Required
16.04.130 Relocation Bond Conditions
16.04.140 Relocation Bond Default in Performance of Conditions
16.04.150 Relocation Bond Refund of Surplus on Termination
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16.04.160 Washington State Energy Code Adopted
16.04.170 Additional Requirements for Security Devices
16.04.180 Definitions
16.04.190 Enforcement Right of Entry
16.04.200 Adoption of County Ordinance 451
16.04.210 Adoption of County Health Regulations
16.04.220 Enforcement Officer Designated
16.04.230 Fee Payment
16.04.240 Abatement of Dangerous Buildings by City
16.04.250 Schedule of Permit Fees
16.04.010 Purpose of Chapter
TMC Chapter 16.04 is enacted for the purpose of adopting rules and regulations
governing the conditions and maintenance of all property, buildings and structures; by
providing standards for supplied utilities, facilities and other physical things and
conditions essential to ensure that structures are safe, sanitary and fit for occupation
and use; the condemnation of buildings and structures unfit for human occupancy, and
use and abatement of such structures in Tukwila; regulating the issuance of permits and
the collection of fees; and helping to ensure the protection of the health, safety and the
general welfare of the public.
16.04.020 Codes Adopted
Effective July 1, 2007, the following codes are adopted by reference as if fully set
forth:
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
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
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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,
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
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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 TIM 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.
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
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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 Officials 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 21000 WAC.
7. The 2005 edition of the National Electrical Code (NFPA 70 2005), as
published by the National Fire Protection Association, Inc., including Annex A, B and
C; and Standards and referenced works referred to and the regulations contained in
Chapter 296 -46B -010 WAC, as now in effect and as may subsequently be amended,
updated or issued as new editions, pursuant to RCW 19.28.031, are hereby adopted by
reference to establish safety standards in installing electric wires and equipment, and to
provide administrative rules, with the exception of the inspection fees of WAC 296 -46B-
905 and the permit fees of WAC 296 -46B -900 and Class B basic electrical inspection
process of WAC 296 -46B -110. Provided further, that the following administrative
procedures are adopted:
a. The authority having jurisdiction within the City of Tukwila shall
mean the Building Official, and shall include the Chief Electrical Inspector or other
individuals or jurisdictions as designated by the Building Official.
b. The authority having jurisdiction is hereby authorized and directed to
enforce the provisions of this code, and shall have the authority to render interpre-
tations 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.
c. This code applies to new installations. Buildings with construction
permits dated after adoption of this code shall comply with its requirements.
d. Existing electrical installations that do not comply with the provisions
of this code shall be permitted to be continued in use, unless the authority having
jurisdiction determines that the lack of conformity with the code is found to be
dangerous to human life or property.
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e. 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.
f. 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.
g. 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.
h. 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 equip-
ment. Any person(s) failing to comply with such order shall be in violation of this code.
i. 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.
j. 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
knows or has reason to believe exist, and that reasonably can constitute immediate
danger to persons or property.
k. The Building Official shall be permitted to require plans and
specifications to ensure compliance with this code.
1. 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.
m. 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.
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n. 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.
o. 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.
p. 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.
q. 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.
r. 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.
s. Schedule of permit fees. A fee for each permit shall be paid as
required, in accordance with TMC 16.04.250 (G).
t. 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.
u. 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
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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.
v. 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).
16.04.030 Filing of Copies of State Building Codes
The City Clerk shall maintain on file not less than one copy of the codes referred to
in TMC 16.04.020 and 16.04.160, and the codes shall be open to public inspection.
16.04.040 Compliance with Other Regulations as Prerequisite for Building Permits
No building permit shall be issued if the construction authorized by the permit will
violate any existing applicable law or City ordinance.
16.04.050 Building Moving and Demolition Permits
A. No person shall move any existing building or structure within or into the City
without first obtaining a relocation permit and a building permit from the Building
Division. No person shall effect any demolition of any building or structure or any part
thereof that is not exempted by Section 105.2 of the International Building Code without
first obtaining a demolition permit from the Building Division.
B. Except as otherwise provided in TMC 16.04.050, a relocation permit shall not be
issued for any building or structure that is included within any one or more of the
following categories:
1. So constructed or in such condition as to constitute a danger of injury or
death through collapse of the building, fire, defects, and substandard electrical wiring
or other substantial hazard to the persons who occupy or enter said building after
relocation;
2. Infested with rats or other vermin, or the wood members of which are
infested with rot, decay or insects;
3. So unsanitary or filthy that it would constitute a hazard to the health of the
persons who would occupy said building after relocation, or, if not intended for
occupancy by human beings, would make it unsuitable for its intended use;
4. In such condition or of a type, character, size or value, and is so
inharmonious with other buildings in the neighborhood of the relocation site, that
placing the building at the proposed relocation site would substantially diminish the
value of other property or improvements in the district into which the building is to be
relocated;
5. The proposed use of the building is prohibited at the proposed relocation
site under any zoning ordinance or other land use ordinance of this City;
6. The building, structure or relocation site does not conform to all applicable
provisions of law or ordinance.
16.04.060 Application for Relocation/Demolition Permit
Every application for a relocation or a demolition permit shall be in writing upon a
form furnished by the Building Division, and shall set forth such information as may
reasonably be required in order to carry out the purposes of TMC Chapter 16.04. Such
information may include:
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1. Pre -move inspection and investigation of the structure by the Building
Division;
2. Photographs of the building or structure to be moved and /or demolished;
3. Report from a licensed pest control contractor, stating the condition of the
building as to pest infestation;
4. Report from a registered engineer or architect, stating the structural
condition of the building and clearly indicating the steps to be taken to preserve/
enhance said condition.
16.04.070 Correction of Defects Before Issuance of Permit
A. If the building or structure to be moved fails to meet any of the standards set
forth in TMC 16.04.100, but it appears to the Building Official that the deficiencies can
be corrected, the permits shall be issued only on condition that all deficiencies are
corrected prior to the building being used or occupied.
B. In order to determine any matter regarding relocation of a building or
structure, the Building Official may cause any investigation to be made which he
believes necessary.
16.01080 Terms and Conditions of Issuance
A. In granting a relocation permit, the Building Official may impose such terms
and conditions as are necessary, in the opinion of the Building Official, to ensure that its
relocation will not be materially detrimental or injurious to the public safety or welfare,
or to the property or improvements in the district to which the building is to be moved,
including, but not limited to, changes, alterations, additions or repairs to the building or
structure.
B. A separate foundation permit, good for 90 days, must be applied for and
approved, prior to issuance of the relocation permit.
16.04.090 Application Fee
The fee for relocation investigation service shall be a $25 base fee, plus $15 for every
10 miles distance or increment thereof, outside the City limits. In the event a building
permit is issued for a relocated building, the fees for the building permit and plan
review shall be based upon the total value of the building or structure at its relocated
site, using the same valuation formula as used for new residential construction.
16.04.100 Debris and Excavations
A. It shall be the duty of any person to whom any permit is issued for the
demolition or removal of any building or any section or portion of any building
pursuant to the provisions of TMC Chapter 16.04, and of any person leasing, owning, or
occupying or controlling any lot or parcel of ground from which a building is removed
or demolished, to remove all demolition rubble and loose miscellaneous material from
such lot or parcel of ground, to properly cap the sanitary sewer connections, and to
properly fill or otherwise protect all basements, cellars, septic tanks, wells and other
excavations.
B. After the work is completed, an inspection will be required.
16.04.110 Expiration
A relocation permit shall expire and become null and void if the moving of the
building or structure onto a permanent foundation is not completed within 180 days
from the date of issuance of the permit. No extensions will be granted.
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16.04.120 Relocation Bond Required
No relocation permit required by TMC Chapter 16.04 shall be issued by the
Building Division unless the applicant therefore first posts a bond, in a form approved
by the City Attorney, executed by the owner of the premises where the building or
structure is to be located as principal, and a surety company authorized to do business
in the State as surety. The bond shall be in form joint and several, shall name the City
as obligee, and shall be in an amount equal to the cost plus 10% of the work required to
be done, in order to comply with all the conditions of such relocation permit as such
cost is established by the Building Official. In lieu of a surety bond, the applicant may
post a bond executed by the owner as principal and which is secured by a deposit in
cash in the amount specified above with a banking or escrow agent acceptable to the
City, and conditioned as required in the case of a surety bond; such a bond as so
secured is hereafter call a "cash bond" for the purposes of TMC Chapter 16.04.
16.04.130 Relocation Bond Conditions
Every bond posted pursuant to TMC Chapter 16.04 shall be conditioned as follows:
1. Each and all of the terms and conditions of the relocation permit shall be
complied with to the satisfaction of the Building Official;
2. All of the work required to be done pursuant to the conditions of the
relocation permit shall be fully performed and completed within the time limit specified
in the relocation permit; or, if no time limit is specified, within 90 days after the date
said building is moved to the new location The time limit herein specified, or the time
limit specified in any permit, may be extended by the Building Official for good and
sufficient cause. No such extension of time shall be valid unless written, and no such
extension shall release any surety upon any bond.
16.04.140 Relocation Bond Default in Performance of Conditions
A. Whenever the Building Official finds that a default has occurred in the
performance of any term or condition of any permit required by TMC 16.04.140, written
notice thereof shall be given to the principal and to the surety of the bond. Such notice
shall state the work to be done, the estimated cost thereof, and the period of time
deemed by the Building Official to be reasonably necessary for the completion of such
work. After receipt of such notice, the surety must, within the time therein specified,
either cause the required work to be performed or, failing therein, must pay the full
amount of the approved bond to the City. Upon receipt of such funds, the Building
Official shall proceed by such mode as he deems convenient to cause the building or
structure to be demolished and to clear, clean and restore the site to a natural condition,
but no liability shall be incurred therein other than for the expenditure of the sum in
hand therefore.
B. When any default has occurred on the part of the principal under the preceding
provisions, the surety shall have the option, in lieu of completing the work required, to
demolish the building or structure and to clear, clean and restore the site to a natural
condition.
16.04.150 Relocation Bond Refund of Surplus on Termination
The term of each bond posted pursuant to TMC Chapter 16.04 shall begin upon the
date of the posting thereof, and shall end upon completion, to the satisfaction of the
Building Official, of the performance of all the terms and conditions of the relocation
permit required by this section and release of the bond by the Building Official. Such
completion and release shall be evidenced by a statement thereof signed by the Building
Official, a copy of which will be sent to the surety or principal upon request. When a
cash bond has been posted, the cash shall be returned to the depositor or his successors
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or assignees upon the termination of the bond, except any portion thereof that may
have been used or deducted as provided elsewhere in TMC Chapter 16.04.
16.04.160 Washington State Energy Code Adopted
The Washington State Energy Code, Chapter 51 -11 WAC, and all amendments
thereto, is hereby adopted by this reference as if fully set forth.
16.04.170 Additional Requirements for Security Devices
The following requirements shall apply to all apartment houses, hotels, and motels,
provided that nothing in TMC Chapter 16.04 shall be construed to relieve any party
from compliance with the International Building Code and the International Fire Code:
1. Entrance doors to individual housing units shall be without glass openings
and shall be capable of resisting forcible entry equal to a wood, solid core door, 1 -3/4
inches thick. TIvIC 16.04.170(1) shall apply in a structure constructed after June 24, 1998.
Any door replaced in existing structures must comply with TMC 16.04.170.
2. Every entrance door to an individual housing unit shall have a keyed,
single-cylinder, 1-inch deadbolt lock. The lock shall be so constructed that the deadbolt
lock may be opened from inside without use of a key. In hotels and motels every
entrance door to an individual unit shall also be provided with a chain door guard or
barrel bolt on the inside.
3. The door of a housing unit to an interior corridor shall have a visitor
observation port, which shall not be in excess of 1/2 -inch in diameter.
4. In all apartment houses as defined in TMC 16.04.180, lock mechanisms and
keys shall be changed upon a change of tenancy.
5. All exit doors shall be able to open from the interior without the use of a
key or any special knowledge or effort.
6. Deadbolts or other approved locking devices shall be provided on all
sliding patio doors which are less than one story above grade or are otherwise
accessible from the outside. The lock shall be installed so that the mounting screws for
the lock cases are inaccessible from the outside.
7. Locks and latches and the unlatching thereof shall be in accordance with
the provisions of the State Building Code. Installation and approval of any alternate
locking devices in existing buildings shall be in accordance with approval of the
Tukwila Fire Department.
16.04.180 Definitions
For the purpose of TMC 16.04.170 through 16.04.190, the following definitions shall
apply:
1. "Apartment house" means any building or portion thereof (including
residential condominiums, for the purpose of this code) that contains three or more
dwelling units.
2. "Hotel" means any building containing six or more guest rooms intended
or designed to be used, or which are used, rented or hired out to be occupied, or which
are occupied for sleeping purposes by guests.
3. "Motel" means hotel as defined in TMC 16.04.180 -2.
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16.04.190 Enforcement Right of Entry
The Building Official is authorized and directed to enforce the provisions of TMC
16.04.170 through 16.04.190 for all new construction. The Chief of Police is authorized
and directed to enforce the provisions of TMC 16.04.170 through 16.04.190 for all
existing buildings or premises; and upon presentation of proper credentials, the Chief
of Police or his duly authorized representative may, with the consent of the occupant or
pursuant to a lawfully issued warrant, enter at reasonable times any building or
premises for the purposes of inspecting the physical security of exterior accessible
openings of such building or premises.
16.04.200 Adoption of County Ordinance 451
King County Ordinance 451 entitled "An ordinance relating to and regulating the
design, construction, equipping, operation, maintenance of spray and wading pools,
public and semi -public swimming pools; requiring plans and permits, establishing a
swimming pool advisory committee; defining offenses and providing penalties," one
copy of which is filed with the City Clerk for use and examination by the public, is
adopted by reference as an ordinance of the City of Tukwila.
16.01210 Adoption of County Health Regulations
Seattle -King County Department of Public Health rules and regulations for
construction, maintenance and operation of swimming pools, one copy of which is filed
with the City Clerk for use and examination by the public, are adopted by reference as
Tukwila's rules and regulations.
16.04.220 Enforcement Officer Designated
The director of the Seattle -King County Department of Public Health or his
authorized representative is designated as the enforcement officer of TMC 16.04.200
through 16.04.230.
16.04.230 Fee Payment
Any fees to be paid under TMC 16.04.200 through 16.04.230 shall be collected by,
paid directly to, and retained by the Seattle -King County Department of Public Health.
16.04.240 Abatement of Dangerous Buildings by City
A. The City Council may, upon approval and passage of an appropriate resolution
or ordinance, direct the Mayor or a designated representative to abate a dangerous
building as determined by the provisions of TMC Chapter 16.04; and such dangerous
building may be abated by City personnel or by private contractor under the direction
and pursuant to the order of the Planning Director or designated representative.
B. The City Council shall appropriate sufficient funds to cover the cost of such
repair or demolition work. The costs incurred by the City in any such abatement
proceedings shall be recovered by special assessment against the real property
involved, and shall constitute a lien as provided by law, and particular reference being
made to RCW 35.80.030.
C. Nothing in TMC 16.04.240 shall be construed to abrogate or impair the power
of the City or any department thereof to enforce any provision of its charter or its
ordinances or regulations, nor to prevent or punish violations thereof; and any powers
conferred by TMC 16.04.240 shall be in addition to and supplemental to powers
conferred by other laws; nor shall TMC 16.04.240 be construed to impair or limit in any
way the power of the City to define and declare nuisances and to cause their removal or
abatement, by summary proceedings or in any manner provided by law.
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16.04.250 Schedule of Permit Fees
A. Building Permit Fee Schedule.
Total Valuation I Building Permit Fees
$1 to $500 $29
$501 to $2,000 $29 for the first $500, plus $3.78 for each additional $100, or
fraction thereof, to and including $2,000
$2,001 to $25,000 I $85.70 for the first $2,000, plus $17.36 for each additional
$1,000, or fraction thereof, to and including $25,000
$25,001 to $50,000 $484.98 for the first $25,000, plus 512.52 for each additional
51,000, or fraction thereof, to and including 550,000
550,001 to $100,000 5797.98 for the first $50,000, plus $8.68 for each additional
51,000, or fraction thereof, to and including 5100,000
$100,001 to $500,000 I $1,231.98 for the first $100,000, plus 56.94 for each additional
$1,000, or fraction thereof, to and including $500,000
$500,001 to 51,000,000 I $4,007.98 for the first 5500,000, plus $5.89 for each additional I
51,000, or fraction thereof, to and including $1,000,000
$1,000,001 and up $6,952.98 for the first $1,000,000, plus $3.90 for each
additional 51,000, or fraction thereof
B. Plan Review Fee. When submittal documents are required by IBC Section 108
or IRC Section R108, a plan review fee shall be paid at the time of submitting plans and
specifications for review. The plan review fee shall be 65% of the permit fee as set forth
in the permit fee schedule. The plan review fee specified herein is a separate fee from
the permit fee and is in addition to the permit fee.
C. Other Fees.
1. Inspections outside normal business hours: 558 per hour (two -hour
minimum charge).
2. Re- inspection fee: 558 per hour, assessed upon call for third inspection of
same correction notice.
3. Inspections for which no fee is specifically indicated: 558 per hour (one-
half hour minimum charge).
4. Additional plan review necessary due to additions or revisions to the
plans: 558 per hour.
5. Work commencing before permit issuance shall be subject to an
investigation fee of 100% of the usual permit fee.
6. Renewal of expired permits. The fee shall be one -half the amount
required for a new permit for such work, provided that suspension or abandonment has
not exceeded one year. Renewals after expiration of more than one year shall require a
full permit fee and plan review fee where applicable.
D. Mechanical Permit Fee Schedule.
1. Permit Issuance Issuance of each permit (base fee): 530.00.
2. The permit fees for mechanical work shall be as indicated in the following
schedule:
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Valuation of
Work (Total
Contract Amount) Mechanical Permit Fees
$250 or less $58
$251 to $500 $58 for first $250, plus $6.75 for each $100 or fraction thereof,
to and including $500
$501 to $1,000 $74.87 for the first $500, plus $7.49 for each $100 or fraction
thereof, to and including $1,000
$1,001 to $5,000 $112.32 for the first $1,000, plus $8.31 for each $1,000 or
fraction thereof, to and including $5,000
$5,001 to $50,000 $145.56 for the first $5,000, plus $9.22 for each 81,000 or
fraction thereof, to and including S50,000
$50,001 to $250,000 $414.90 for the first $50,000, plus 87.19 for each $1,000 or
fraction thereof, to and including $250,000
$250,001 to $1,000,000 $1,852.90 for the first $250,000, plus $6.39 for each $1,000 or
fraction thereof, to and including 81,000,000
81,000,001 and up $4,792.50 for first $1,000,000, plus $5.68 for each $1,000 or 1
fraction thereof
3. Plan review fee: 25% of the calculated permit fee.
4. Work commencing before permit issuance shall be subject to an
investigation fee of 100% of the usual permit fee.
5. Inspections outside of normal business hours: $58 per hour.
6. Re- inspection fee assessed: $58 per hour.
7. Additional plan review required by changes, additions or revisions to
plans or to plans for which an initial review has been completed: $58 per hour (one -half
hour minimum).
8. Renewal of expired permits. The fee shall be one -half the amount
required for a new permit for such work, provided that suspension or abandonment has
not exceeded one year. Renewals after expiration of more than one year shall require a
full permit fee and plan review fee where applicable.
E. Plumbing Permit Fee Schedule.
1. Permit Issuance Issuance of each permit (base fee): $30.00.
2. Issuance of each supplemental permit $15.00.
3. Unit Fee Schedule (in addition to items 1 2 above):
For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) 858
For each additional fixture $10
For each building sewer and each trailer park sewer $21
Rain water system per drain (inside building) 810
For each water heater and /or vent $10
For each industrial waste pretreatment interceptor, including its trap and vent, $10
except for kitchen type grease interceptors
For each grease trap (connected to not more than four fixtures) 815
For each grease interceptor for commercial kitchens (less than 750 gallon $25
capacity)
For each repair or alteration of water piping and /or water treating equipment, 810
each occurrence
1 For each repair or alteration of drainage or vent piping, each fixture 1 $10
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For each medical gas piping system serving one to five inlets /outlets for a $70
specific gas
For each additional medical gas inlets /outlets I $7
For each lawn sprinkler system on any one meter, including (1 -5) ATMOS $5
vacuum breakers, therefore over five each ATMOS vacuum breaker
4. Other Inspections Fees (Plumbing):
Inspection outside of normal business hours (minimum 3 hours) 1 $58 /hour j
Re- inspection fee j $58 /hour I
Inspections for which no fee is specifically indicated j $58 /hour 1
Plumbing permit issued after work commences for which a permit is
required:
*Emergency conditions No fee.
-Non-emergency conditions: Work commencing before permit •Fee is 100%
issuance shall be subject to an investigation fee equal to 100% of the of permit
permit fee. fee.
Plan review fee: The fee for review shall be 25% of the total plumbing Fee is 25%
permit fee. The plan review fee is a separate fee from the permit fee, of permit
and is applicable when plans are required in order to show compliance fee
with the code.
Renewal of expired permits: The fee shall be one -half the amount
required for a new permit for such work, provided that suspension or
abandonment has not exceeded one year. Renewals after expiration of
more than one year shall require a full permit fee and plan review fee
where applicable.
F. Fuel Gas Piping Permit Fees.
1. Permit Issuance:
For issuing each permit (base fee): ($0 if permit is in conjunction with a $30
plumbing permit for an appliance with both plumbing and gas
connection.)
For issuing each supplemental permit I $15
2. Unit Fee Schedule (in addition to items in F.1. above):
For each gas piping system of one to five outlets I $58
j For each additional gas piping system outlet, per outlet 1 $7
3. Other Inspections and Fees (fuel gas piping):
Inspections outside of normal business hours $58 /hour
Re- inspection fee $58 /hour
Inspection for which no fee is specifically indicated $58 /hour
Additional plan review required by changes, additions, or revisions to $58 /hour
approved plans (minimum charge one -half hour)
Work commencing before permit issuance shall be subject to an 100% of the
investigation fee equal to 100% of the permit fee permit fee
Plan review fee: The fee for review shall be 25% of the total fuel gas
piping permit fee. The plan review fee is a separate fee from the permit
fee and is required when plans are required in order to show
compliance with the code.
Renewal of expired permits: One -half the amount required for a new
permit for such work, provided that suspension or abandonment has
not exceeded one year. Renewals after expiration of more than one
year shall require a full permit fee and plan review fee where
applicable.
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G. Electrical Permit Fees.
NEW SINGLE FAMILY DWELLINGS
1 New single family dwellings (including a garage) j $140
1 Garages, pools, spas and outbuildings 1 $75 I
Low voltage systems 1 $55 j
SINGLE FAMILY REMODEL AND SERVICE CHANGES
1 Service change or alteration no added /altered circuits j $75
Service change with added /altered circuits plus $10 for each added $75
circuit (maximum permit fee $140)
Circuits added /altered without service change (includes up to 5 $50
circuits)
Circuits added /altered without service change (more than 5 circuits) $50
plus $7 for each added circuit (maximum permit fee $90)
Meter /mast repair $65
1 Low voltage systems $55
MULTI FAMILY AND COMMERCIAL (including low voltage)
VALUATION
OF ELECTRICAL PERMIT FEE
CONTRACT
$250 or less $58
$251 $1000 $58 for the first $250 plus $4.00 for each $100 or fraction
thereof, to and including $1,000.
$1,001 $5,000 $84 for the first $1,000 plus $20 for each $1,000 or fraction
thereof, to and including $5,000.
$5001 $50,000 $164 for the first $5,000 plus $16.40 for each $1,000 or fraction
thereof, to and including $50,000.
$50,001 $250,000 $902 for the first $50,000 plus $12.00 for each $1,000 or fraction
thereof, to and including $250,000.
$250,001 $1,000,000 $3,302 for the first $250,000 plus $8.50 for each $1,000 or
fraction thereof, to and including $1,000,000.
Over $1,000,000 $9,677 plus 0.5% of cost over one million.
1. Plan review fee. In addition to the permit fee, when plan review is
required, a plan review fee must be paid at the time of permit application equal to 25%
of the permit fee, with a minimum of $58.
MISCELLANEOUS FEES
Temporary service (residential) 1 $58
Temporary service /generators 1 $75
Manufactured /mobile home service (excluding garage or outbuildings) $80
Carnivals:
Base fee $75
Each concession 1 $10
Inspections or plan review not specified elsewhere 1 $58 /hour
2. Work covered without inspection or work not ready at the time of
inspection may be charged a trip fee at the hourly rate listed above.
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3. Work without a permit. Any person who commences electrical work
before obtaining the necessary permits shall be subject to twice the established fees as
set forth in the electrical fee schedule or increased by $100, whichever is greater. This
fee, which shall constitute an investigation fee, shall be imposed and collected in all
cases, whether or not a permit is subsequently issued.
H. Fee Refunds. The Building Official may refund any permit fee paid by the
original permit applicant that was erroneously paid or collected. The Building Official
may also authorize the refund of not more than 80% of the permit fee when no work
has been done under a permit issued in accordance with the code. Where a plan review
fee has been collected, no refund will be authorized once it has been determined that
the plan review process has commenced. Refund of any permit fee paid shall be
requested by the original permittee in writing and not later than 180 days after the date
of fee payment.
Section 2. 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 3. 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 2007.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, -City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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