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HomeMy WebLinkAboutCOW 2007-06-25 Item 3A - Ordinance - 2006 State Building Code COUNCIL AGENDA SYNOPSIS 1 Ini!ials ITEM NO. i Meetin Date Pre are Mayor's review Council review 1 1 06/25/07 RSB I I !i I soa�� I I 11 I I 1 a I I I ITEM INFORMATION CAS NUMBER: 07-084 I ORIGINAL AGENDA DALE: 6/25/07 AGENDA ITEM TITLE 2006 State Building Codes CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Alt Date Mtg Date liftg Date 11vltg Date tg Date itiltg Date ILltg Date SPONSOR Council Mayor Adm Svcs ®DCD Finance Fire Legal P&R Police PIY/ SPONSOR'S An ordinance to amend TMC Chapter 16.04, in order to adopt the 2006 State Building Codes SUMMARY including amendments to the administrative sections. RE «WP:D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: Community Affairs and Parks Committee 05/30/07 RECOMMENDATIONS: SPONSOR /ADMIN. Adopt the 2006 State Building Codes and amendments as proposed. COMMIriEE Unanimous Approval, Forward to June COW COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 06/25/07 MTG. DATE ATTACHMENTS 06/25/07 Information Memorandum, dated 06/20/07. Draft ordinance amending TMC Chapter 16.04 adopting the State Building Codes. Minutes from Community Affairs and Parks committee, dated 05/30/07 Information Memo To: Committee of the Whole From: Jack Pace, Acting Director Department of Community De lopment Date: June 20, 2007 Subject: Amendments to Chapter 16.04 of the Tukwila Municipal Code Issue: Adoption of the 2006 State Building Code. Background The State Building Code Act, Chapter 19.27 RCW, requires that each local jurisdiction enforce the State Building Code within its jurisdiction. To comply, the City of Tukwila must adopt the current codes and rules adopted by the State Building Code Council (SBCC). The 2006 Codes and rules are effective throughout the state on July 1, 2007. The State Building Code; as defined by the SBCC; is composed of the following documents: International Building Code, Standards and amendments. International Residential Code, Standards and amendments. International Mechanical Code, Standards and amendments. International Fire Code, Standards and amendments. Uniform Plumbing Code, Standards and amendments. The Unifoun Plumbing Code is not part of the International family of codes and is published and revised by the International Association of Plumbing and Mechanical Officials. Requirements for fuel gas fired appliances occur in the mechanical code and the plumbing code. The solution to potential conflict and duplicity was the adoption of the International Fuel Gas Code as part of the State Building Code. Initials Page I of 4 06/19/2007 3:08:00 PM C:\Documents and Settings\Bob -B\My Documents`.Info memo to cap 2006 codes.doc Alternatives /Discussion /Analysis Building Division administers the 2003 State Building Codes including the state amendments thereto with the exception of the International Fire Code. The 2006 Edition of the State Building Code has been amended and adopted by the State Building Code Council. It is now time for the City of Tukwila to adopt the new edition of the State Building Code in order to remain consistent with statewide building regulations. The amendments to Ordinance 2157 (Chapter 16.04 of the Tukwila Municipal Code) includes adoption of the 2006 State Building Code including the State amendments and local amendments to the administrative chapters of the respective codes. The following is a brief overview of the administrative amendments included in the draft ordinance: 1) Section 16.04.010, Purpose of Chapter. Revised to correspond to the intent and scope stated in IBC. 2) Section 16.04.020, Codes Adopted. The 2006 editions of the International Building Code, International Residential Code, International Mechanical Code, Uniform Plumbing Code, International Mechanical Code and the International Fuel Gas Code. 3) IBC Section 101.2, Building, Item 1. Clarification of the definition of accessory structures. This definition applies to tool and storage sheds, playhouses and similar uses less than 120 square feet in floor area that are exempt from the requirements of a building permit. The amendment to this definition is intended to clarify that these structures are stand alone and not to be considered as located/constructed within any existing building. 4) The appeal process for all adopted codes is amended for unifolinity with the hearing examiner's appeal process as provided for in the TMC.. 5) Expiration of permits, extension for unexpired permits and the process for renewals of expired permits has been codified. 6) Uniform Plumbing Code. Design and construction standards for water supply, sanitary drainage and cross connection control is clarified. This is to eliminate conflicts between the plumbing code provisions and the Public Works Design Standards. The Public Works Design Standards are more detailed and more restrictive than provisions in the plumbing code. Initials Page 2 of 4 06/18/2007 4:20:00 PM C:\Documents and Settings\Bob -B\My Documents\Info memo to cap 2006 codes.doc 7) Fee refund policy is established. The Unifonn Building Codes had a stated refund policy the International Codes do not. This amendment is intended to establish a unifolnl policy for all codes enforced by Building Division. 8) The schedules of all permit fees remain unchanged. 9) TMC Section 16.04.110, Expiration of a relocation permit is changed from 90 days to 180 days from the date of issuance and does not allow extensions. This time limitation will now correspond to the limitations of the other codes and is intended to provide an incentive to complete the work by a date certain time frame. 10) TMC 16.04.170, Item (7) is amended. The removal of the Chief of the Police Department as the authority having jurisdiction over approval of locking devices. New language has been added to require that new construction shall be in accordance with the IBC and the installation and approval of any alternate locking devices in existing buildings shall be in accordance with approval by the Fire Department. 11) TMC Section 16.04.250 (G) Electrical Permit Fees. The requirement for a plan review and plan review fee for low voltage electrical permits that are related to fire alaiiu systems is hereby deleted. Implementation of new code requirement. The CAP Committee was made aware of a change in the 2006 IBC that will impact retail sales businesses. Currently, (common in larger department stores) sales floors are divided into merchandise pads for the various departments. This code change will now require access aisles within merchandise pads to provide clear pathways for access through the merchandise. A joint effort by the Building Division and the Fire Department will be necessary to educate the retail sales businesses both new and existing to make them aware of the new requirement. Owners of new retail sales buildings or tenant improvements to existing buildings will be educated during the nomual building permit process. Existing businesses would be notified by written notification as part of the routine code compliance inspection. Potential liability issues. For the six years that the IBC has been published and the seventy years that the UBC had been published, regulating the placement of merchandise in a retail space has not been identified as a problem for egress. This does not mean that it is not a problem. It means that it took approximately seventy -six years for the requirement to become a part of a building code. Consequently, a reasonable transition period for obtaining compliance should be expected. Liability exposure during this transition period should be no greater than during the transition periods associated with any other code change. Initials Page 3 of 4 06/18/2007 4:20:00 PM C:\Documents and Settings\Bob -B\My Documents\Info memo to cap 2006 codes.doc Options 1) Continue administering the 2003 State Building Codes and amendments in accordance with Ordinance 2157. 2) Adopt the 2006 State Building Codes and amendments as proposed in draft ordinance. Recommendation Forward adopting ordinance to the July 2, 2007 regular council meeting for approval. Attachments Draft Ordinance. Initials Page 4 of 4 06/18/2007 4:20:00 PM C:lDocuments and Settings \Bob -B\My DocumentslInfo memo to cap 2006 codes.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2121 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 SEVERABILTTY; 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 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 C:1Documents and Settings \All Users Desktop\ KeltyVdSDATA\0rdinances\Building Code 2006.doc BB:ksn 6/22/2007 Page 1 of 17 16.04.150 Relocation Bond Refund of Surplus on Termination 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 TuIv 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 Transporta- tion 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 souare 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: Anv 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 Q\Documents and SettingslAll Users\ Des! top kKelty\MSDATA \Ordinances\Building Code 200.doc BB:ksn 6/22/2007 Page 2 of 17 Building Official to the Tukwila Hearing Examiner when it is claimed that anv or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly interpreted. 21 The provisions of the codes or ordinances do not fully apply. 31 The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chanter 18.116.030. g. Section 105.5 is amended as follows: 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. 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 reouired 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. 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 8.45.100A2. 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 reouired by this C:1Documents and SettingslAll Users\Desktop KeIIyV .SDATA10rdinances1Building Code 2006.doc BB:ksn 6122/2007 Page 3 of 17 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 reauired 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 permit tee shall pay a new full permit fee and plan review fee where applicable. d. Appeals. Section 112, "Board of Appeals," is amended as follows: Anv 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 interpreted. 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 Turisdiction" 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 which 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 C:\Documents and SettingsW] Users Desktop 'Xelly\MSDATA \Ordinances\Bu ing Code 2008.doc BB:ksn 6/22/2007 Page 4 of 17 extensions beyond the building drain and grease interceptors outside the Tukwila sewer district shall be in compliance with that pruvevor'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 when it is claimed that any one or more of the following conditions exists: 11 The true intent of the code or ordinance has been incorrectly interpreted. 21 The provisions of the codes or ordinances do not fully apply. 31 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. 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 interpretations 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. C:%Documents and SettingsWl Users Dasldop \KeIIyVASDATA \Ordinances\Bu5ding Code 2005.doc BB_ksn 6222007 Page 5 of 17 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 therfor 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 equipment. 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. C:1Documents and Settings dI Users Desktop\ Kely\MSDATA \Ordinances\4ui!ding Code 2036.doc BB:ksn 6122/2007 Page 6 of 17 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. 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 16.01250 (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: 11 The true intent of the code or ordinance has been incorrectly interpreted. 21 The provisions of the codes or ordinances do not fully apply. 31 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 C:\Documents and SettingsvIl Users Desktop \xeltywSDATA \ordinanceslBOding Code 2008.dx BB:ksn 6.222007 Page 7 of 17 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. 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 T.M.C. 8.45.100A2. 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. 16.04040 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 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 C:'Documents and Settings WWI UserslDesktop\ Kelly \MSDATA \Ordinances\Building Code 2006.doc BB:ksn 6222007 Page 8 of 17 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: 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. 16.04.080 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. C:\Documents and SettingsWl Users \Desktop\KeI yVSSDATA \Ordinances\Building Code 2006.doc BB:ksn 6/22/2007 Page 9 of 17 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. 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 therefor 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 Monuments and Settings\AII Users\Desktop elly1MSDATA \Ordinances\Bui!ding Code 2005.doc BB:ken 6122/2007 Page 10 of 17 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 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. TMC 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 anv alternate locking devices in existing building s 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 that contains three or more dwelling units and, for the purpose of this code, includes residential condominiums. CADocuments and Settings\AII Users Desktop\ KelIMISDATA \Ordinances\Building Code 2006.doc BB:ksn 6/22/2007 Page 11 of 17 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. 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. 16.04.210 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 Public Health Department. 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:\Documents and SettingsWl Users \Desktop\Xel SDATA \Ordinances\Building Code 2006.doc BB:ksn 6!222057 Page 12 of 17 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. 16.04.250 SCHEDULE OF PERMIT FEES. A. Building Permit Fee Schedule: 1 Total Valuation j Building Permit Fees $1 to $500 1 $29 j $501 to $2,000 $29 for the first $500, plus 83.78 for each additional $100, or fraction thereof, to and including 82,000 82,001 to 825,000 1 $85.70 for the first $2,000, plus $17.36 for each additional $1,000, or fraction thereof, to and including 825,000 $25,001 to 850,000 $484.98 for the first 825,000, plus $12.52 for each additional $1,000, or fraction thereof, to and including $50,000 850,001 to 8100,000 $797.98 for the first 850,000, plus $8.68 for each additional 81,000, or fraction thereof, to and including $100,000 8100,001 to 8500,000 $1,231.98 for the first $100,000, plus 86.94 for each additional $1,000, or fraction thereof to and including 8500,000 8500,001 to 81,000,000 84,007.98 for the first 8500,000, plus $5.89 for each additional $1,000, or fraction thereof, to and including $1,000,000 $1,000,001 and up 86,952.98 for the first $1,000,000, plus $3.90 for each additional $1,000, 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: 858 per hour (two-hour minimum charge). 2. Re- inspection fee: 858 per hour, assessed upon call for third inspection of same correction notice. 3. Inspections for which no fee is specifically indicated: 858 per hour (1/2- hour minimum charge). 4. Additional plan review necessary due to additions or revisions to the plans: 858 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 reouired 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 reauire a full permit fee and plan review fee where applicable. D. Mechanical Permit Fee Schedule: 1. Permit Issuance Issuance of each permit (base fee): 830.00 C:\Doarments and SettingsWlI UserslOesktop\ Kel!y\MSDATAlordinances\BuiFding Code 2005.doc BB:ksn 6/22/2007 Page 13 of 17 2. The permit fees for mechanical work shall be as indicated in the following schedule: Valuation of Work (Total Contract Amount) Mechanical Permit Fees $250 or less 1 $58 8251 to $500 $58 for first 8250, 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 8100 or fraction thereof, to and including $1,000 $1,001 to 85,000 $112.32 for the first $1,000, plus $8.31 for each 81,000 or fraction thereof, to and including $5,000 55,001 to $50,000 $145.56 for the first $5,000, plus 89.22 for each 81,000 or fraction thereof, to and including $50,000 $50,001 to $250,000 $414.90 for the first $50,000, plus $7.19 for each $1,000 or fraction thereof, to and including $250,000 8250,001 to $1,000,000 $1,852.90 for the first $250,000, plus $6.39 for each 81,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $4,792.50 for first $1,000,000, plus S5.68 for each 51,000 or fraction thereof 3. Plan review fee: 25% of the calculated permit fee. 4. Work commencintr before permit issuance shall be subiect to an investieation fee of 100% of the usual permit fee. 5. Inspections outside of normal business hours: S58 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 reauired 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): 830.00. 2. Issuance of each supplemental permit: 815.00 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 1 For each building sewer and each trailer park sewer 1 821 Rain water system per drain (inside building) 1 $10 1 For each water heater and/or vent 810 For each industrial waste pretreatment interceptor, including its trap and vent, 810 except for kitchen type grease interceptors 1 For each grease trap (connected to not more than four fixtures) 1 $15 For each grease interceptor for commercial kitchens (less than 750 gallon 825 capacity) C:1Documents and SettingsW I UsersiDesktoplKellyA t:SDATA\Ordinances\Bui!ding Code 200.doc BB:ksn 6/22/2007 Page 14 of 17 For each repair or alteration of water piping and /or water treating equipment, $10 each occurrence For each repair or alteration of drainage or vent piping, each fixture $10 For each medical gas piping system serving one to five inlets /outlets for a $70 specific gas For each additional medical gas inlets /outlets 1 $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) $58 /hour Re- inspection fee $58 /hour Inspections for which no fee is specifically indicated $58 /hour 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% permitfee. 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 S15 2. Unit Fee Schedule (in addition to items in F.1. above): For each gas piping system of one to five outlets 1 $58 For each additional gas piping system outlet, per outlet $7 3. Other Inspections and Fees (fuel gas piping): Inspections outside of normal business hours $58 hour Re- inspection fee I $58 /hour Inspection for which no fee is specifically indicated i $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 C:\Documents and Settings'.All Users\ Desktop \Kely\MSDATA \Ordinances\Bulding Code 2006 doc BB:ksn 6/22/2007 Page 15 of 17 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 vear. Renewals after expiration of more than one year, shall require a full permit fee and plan review fee where applicable. G. Electrical Permit Fees. NEW SINGLE -FAMILY DWELLINGS 1 New single family dwellings (including a garage) 1 $140 1 Garages, pools, spas and outbuildings 1 $75 1 Low voltage systems 1 $55 1 SINGLE -FAMILY REMODEL AND SERVICE CHANGES 1 Service change or alteration no added /altered circuits $75 1 Service change with added /altered circuits $75 plus $10 For each added 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) S50 plus $7 For each added circuit (maximum permit fee $90) 1 Meter /mast repair 1 $65 1 1 Low voltage systems 1 555 1 MULTIFAMILY AND COMMERCIAL (Including low voltage). VALUATION of electrical contract PERMIT FEE 1 S 250 or less i $58 1 251 $1000 $58 for the first $250 plus $4.00 for each $100 or fraction thereof, to and including $1000. 51,001- 55,000 $84 for the first $1000 plus $20 for each $1000 or fraction thereof, to and including $5,000. $5001 $50,000 $164 for the first $5000 plus 516.40 for each 51000 or fraction thereof, to and including 550,000. $50,001 $250,000 5902 for the first $$50,000 plus $12.00 for each $1000 or fraction thereof, to and including S250,000. 5250,001- 51,000,000 53302 for the first 5250,000 plus $8.50 for each 51000 or fraction thereof, to and including $1,000,000. 1 Over $1,000,000 $9,677 plus 0.5 of cost over one million 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 558. MISCELLANEOUS FEES. 1 Temporary service (residential) 1 $58 1 1 Temporary service /generators 1 575 1 Manufactured /mobile home service (excluding garage or outbuildings) 1 $80 I 1 Carnivals 1 C:DDocuments and Settings WI Users \Desktop\Kely MSDATA\Ordinances \Building Code 2005.doc BB:ksn 6/22/2007 Page 16 of 17 Base fee I $75 1 Each concession $10 1 Inspections or plan review not specified elsewhere $58 /hour 1 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. 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 Hermit 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 nermittee 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: C:/Documents and SettingsWI Users\ DesktopV CellyiMSDATA\Ordinances\Building Code 2008.doc BB:ksn 6/22/2007 Page 17 of 17 o; City of Tukwila (f) w�u =o Community Affairs Parks Committee 1908 COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes 1Liay 30, 2007- 5:00 p.m. Wednesday Meeting due to Memorial Day Holiday PRESENT Councilmembers: Pam Linder, Chair; Pam Carter and Dennis Robertson Staff: Rhonda Berry, Bruce Fletcher, Jack Pace, Bob Benedicto, Dave Johnson, John Dunn, Don Tomaso and Kimberly Matej CALL TO ORDER: Committee Chair Linder called the meeting to order at 4:59 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2006 State Building Code Bob Benedicto discussed the major changes that will be reflected in the 2006 State Building \t/ Code affecting the City of Tukwila (see TMC Chapter 16.04). The City will need to adopt the J 2006 State Building Code, repealing Ordinance 2157 in order to comply with the requirement that minimum performance standards and objectives in the City of Tukwila not be less than those contained in the State Building Code. The proposed draft ordinance includes several administrative changes that do not correspond to the Tukwila Municipal Code as well as conformation of certain sections to requirements set forth in the International Building Code (IBC). Bob stated that the majority of processes we use in Tukwila are under the IBC. The new amendments ensure uniformity throughout our processes and will assist in consistency of schedules. Bob noted code changes of particular interest were: Children playground structures in malls require fire suppression coverage. ESFR sprinkler heads can eliminate the need for smoke and heat vents. Group M Occupancies (retail) Aisle access ways are now required to provide occupants egress aisles within merchandise pads. Staff will be including another amendment not reflected in the memo to the Committee. This amendment refers to TMC 16.04.170 Additional Requirements for Security Devices, #7 the revision will remove approval of the Chief of Police and outline approval for new construction through the Department of Community Development and existing occupancies through the Fire Department regarding one action deadbolt hardware (rather than two action type) required for commercial occupancies. Additional topics will be added to the amendment overview in the memo submitted to full Council. The two items include Section 16.04.110 expiration and the elimination of a plan review for electrical permits in conjunction with fire alarm systems. The Committee inquired how staff intends to educate the business community on these new regulations. Staff responded that new developments will be led through compliance with the regulations and existing developments would be notified through training processes and tenant Community Affairs Parks Committee Minutes May 30. 2007 Paae 2 improvements as a means to ongoing education. The Committee has requested this information be added to the memo prior to being submitted to full Council. The Committee was concerned with the potential liability associates with handling new regulation information between code changes. Don Tomaso stated that he has asked legal to research this further. The Committee complimented Bob on his memo and recommends the new ordinance be forwarded to full Council for discussion. UNAN7IMOUS APPROVAL. FORWARD TO JTJNE 11 COW. B. Tukwila Community Center Rental Fees The last increase for Tukwila Community Center (TCC) rental fees was in 2002. Staff reported that since that time inflation has gone up almost 15 and in comparison to other King County cities, Tukwila's rental fees currently fall in the low to mid range. The proposed increases are not based on percentages across the board, but rather cost rates in consideration of surrounding municipalities with comparable amenities. Based on 2006 figures, it is possible that the fee increase would increase revenue as much as $20,000 overall; however, it is important to remember that ongoing maintenance of the facility and continuing replacement costs. Dave Johnson and John Dunn explained that the majority of rentals are secured by non residents and that rental of the Banquet and Social Halls bring in the most revenue. Staff pointed out that the alcohol damage deposit for non athletic use rental of the gym has increased substantially. This is due to the possibility of having to shampoo the carpet after such an event. The cost of shampooing the entire carpet is estimated at $2,700. Staff continues to waive fees on a case by case basis for special Locally based non profit groups. This helps the Center to give back to the Tukwila community while providing low or no cost opportunities for these groups. The Committee requested staff revise the submitted memo prior to attaching to the Committee minutes to reflect a summary of the fee changes. Additionally, the Committee recommends that staff consider reviewing rental fees on a biennial basis rather than waiting as long as five years. A copy of the memo submitted by staff is attached to the minutes for additional information as per Committee request. INFORMATION ONLY. C. Countywide Planninz Policies Staff reported that the recent changes to the Countywide Planning Policies have no adverse impacts to the City of Tukwila. However, of particular interest is the potential annexation area (PAA) of the locale currently known as Skyway. The City of Renton has amended their PAA to include Skyway. In addition, a small portion of Skyway will be annexed to the City of Seattle. A copy of the memo and accompanying map submitted by staff is attached to the minutes for additional information as per Committee request. INFORMATION ONLY. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 6:03 p.m. Next meeting: Tuesday, June 12, 2007 5:00 p.m. Conference Room 3 P S 1-- Committee Chair Approval Minutes by KAM.