HomeMy WebLinkAboutCOW 2015-09-28 Item 4A - Ordinance - International Property Maintenance Code and National Healthy Housing StandardsCOUNCIL AGENDA S YNopsis
--------------------------- - - - - -- -Initials
Meeting Date
Prepared by
Mayor's revi
Council review
09/28/15
kas
❑ Resolution
Mt Date
Z Ordinance
Mt Date 10/09/19
10/05/15
KaS
IV
SPONSOR ❑ Council ❑ Mayor ❑ HR Z DCD 01--inance ❑ Fire ❑ IT ❑ P&R [:] Polite ❑ PWI
SPONSOR'S Adoption of the 2015 edition of the International Property Maintenance code amended
SUMMARY with certain provisions of the National Healthy Housing Standard
REVIEWED BY E-1 cow Mtg- ❑ CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 09/14/15 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COmmIT"E"' Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPEND i,ruiu;, Ri..,"QuIRF?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $ $
Fund Source: N/A
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
9/28/15
ITEM INFORMATION
ITEM NO.
will
41
ST,\FT'SPONSOR: KATHY STETSON
I OIZ.T(,]N,11,A(.,,I?Nf)ADATI?: 9/28/15
AGENDA I'rEm Tri,i,j," 2015 International Property Maintenance Code with certain provisions of the
National Healthy Housing Standard
CATEGORY Z Discussion
Mtg Date 09128119
[:] Motion
Mtg Date
❑ Resolution
Mt Date
Z Ordinance
Mt Date 10/09/19
E] .Bid Award
Mt g Date
[:] Public.Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR Z DCD 01--inance ❑ Fire ❑ IT ❑ P&R [:] Polite ❑ PWI
SPONSOR'S Adoption of the 2015 edition of the International Property Maintenance code amended
SUMMARY with certain provisions of the National Healthy Housing Standard
REVIEWED BY E-1 cow Mtg- ❑ CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 09/14/15 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COmmIT"E"' Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPEND i,ruiu;, Ri..,"QuIRF?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $ $
Fund Source: N/A
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
9/28/15
MTG. DATE
ATTACHMENTS
9/28/15
Informational Memorandum dated September 28, 2015 (amended after CAP)
Draft Ordinance
Minutes from Community Affairs & Parks committee meeting 9/14/15
10/5/15
41
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Committee of the Whole
FROM: Jack Pace, Director of Community Development
BY: Kathy Stetson, Code Enforcement Officer
DATE: September 28, 2015
SUBJECT: 2015 International Property Maintenance Code and
National Healthy Housing Standard adoption
Draft Ordinance
(Revised after 9114 CAP, See page 2, underlined paragraph)
ISSUE
Should the City adopt the 2015 International Property Maintenance Code incorporating portions
of the National Healthy Housing Standard as amendments?
BACKGROUND
In 2004, the City adopted the 2003 edition of the International Property Maintenance Code
(IPMC). The IPMC regulates housing and property conditions and is used by Code
Enforcement when investigating code enforcement complaints. The IPMC is also the basis for
the Rental Licensing Inspections conducted on every rental unit. The IPMC is regularly updated
by the International Code Council (ICC). We currently use the 2012 edition of the IPMC. The
2015 edition has now been released.
The National Healthy Housing Standard (NHHS) is a new standard developed by the American
Public Health Association and the National Center for Healthy Housing. This standard was
developed as an enhancement to the IPMC and focuses on housing quality and its impact on
the health of the occupants. It is intended as a complement to the IPMC and other policies
already in use by local, state and federal agencies for the upkeep of existing homes. This
standard puts modern public health information into housing code parlance. The quality of
housing is one of the best known and documented determinants of health.
DISCUSSION
There are seven principals of "Healthy Housing" — Dry, Clean, Ventilated, Pest -free, Safe,
Contaminant -free, and Well - Maintained. The NHHS and the IPMC address all these
components. The 2015 edition of the IPMC has very few substantive changes from the 2012
edition. We are proposing to amend the 2015 IPMC with specific provisions of the National
Healthy Housing Standard. These additional provisions fill in gaps in the IPMC with an
emphasis on residential housing conditions that affect the health and safety of the occupants.
These new provisions will give code enforcement additional tools when investigating housing
code violations and will also be incorporated into the Rental Inspection Checklist.
43
INFORMATIONAL MEMO
Page 2
Some of these changes include:
• The IPMC does not specifically require a kitchen in a dwelling unit. New sections IPMC
404.7.1 — 404.7.4 spell out kitchen requirements for dwelling units.
• New section IPMC 309. 1.1 through 309.7 specify a particular protocol for controlling pests
in dwelling units while still protecting the health and welfare of the occupants through the
use of "Integrated Pest Management" procedures. Integrated Pest Management
emphasizes least toxic effective methods, while also identifying and eliminating those
conditions which cause the infestations in the first place.
• New section IPMC 305.7 regulates the presence of mold and specifies a particular
protocol for eliminating the source and making the necessary repairs, emphasizing "least
toxic" effective methods.
• IPMC Section 302.4 regulates weed height. The current standard for weed height is 24-
inches. We are recommending a 12 -inch maximum height for weeds in the new version.
Our neighboring jurisdictions set maximum heights between 6 and 12 inches.
After these provisions are adopted, we will be modifying the Rental Inspection Checklist to
reflect the new requirements and will be evaluating the associated point system to ensure that
the rental inspections remain an effective proactive tool for ensuring safe and healthy housing
for our residents. Adopting these provisions of the NHHS will not change the process that Code
Enforcement uses to investigate code violations, but will give us additional regulations to cite for
enforcement.
At the CAP meeting on September 14, 2015, Councilmembers asked if fencing requirements
would apply to ponds. After researching this, staff has determined that there are no specific
requirements to fence ponds. The building code defines swimming pools, hot tubs, spas and
wading pools and requires fencing for those with a water depth over 24 inches. The code
makes no reference to "ponds ". Staff is not recommending a fencing requirement for ponds,
lakes rivers or streams.
A copy of the 2015 International Property Maintenance Code can be provided to you under
separate cover. The National Healthy Housing Standard can be downloaded from:
http: / /www,nchh.org /Portals /0 /Contents /NHHS Full Doc.pdf
FINANCIAL IMPACT
None
RECOMMENDATION
Forward draft ordinance to the September 28, 2015 Committee of the Whole meeting and
October 5, 2015 Regular meeting.
ATTACHMENTS
- Ordinance adopting 2015 International Property Maintenance Code in draft form
- Community Affairs and Parks Committee meeting minutes September 14, 2015
44 WA2015 Info Memos\] PMC-NH HS-2015 COW Info memo.docx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE 2015 EDITION
OF THE INTERNATIONAL PROPERTY MAINTENANCE
CODE; AMENDING THE INTERNATIONAL PROPERTY
MAINTENANCE CODE WITH SPECIFIC PROVISIONS OF
THE NATIONAL HEALTHY HOUSING STANDARD;
REPEALING ORDINANCE NO. 2406; REENACTING
SECTION 8.28.020 OF THE TUKWILA MUNICIPAL CODE,
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, in the interest of public health, safety and welfare, the City Council of the
City of Tukwila desires to adopt by reference the 2015 edition of the International Property
Maintenance Code (IPMC) to regulate and govern the conditions and maintenance of all
property, buildings and structures in the City; to provide the standards for supplied
utilities and facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and
WHEREAS, in the interest of public health, safety and welfare, the City Council of
the City of Tukwila desires to amend the 2015 edition of the International Property
Maintenance Code with specific provisions of the National Healthy Housing Standard,
and
WHEREAS, in the interest of public health, safety and welfare, adoption of the 2015
edition of the IPMC will also provide the standards used for the rental housing
inspections; to provide the standards for responding to complaints from citizens
regarding conditions on private property; to provide for the condemnation of buildings
and structures unfit for human occupancy and use; and to provide for the demolition of
such existing structures in the City of Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2406 is hereby repealed.
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Section 2. TMC Section 8.28.020 Reenacted. Tukwila Municipal Code (TMC)
Section 8.28.020 is hereby reenacted to read as follows:
8.28.020 International Property Maintenance Code Adopted.
A. The City of Tukwila hereby adopts by reference, as if fully set forth herein, the
20125 edition of the International Property Maintenance Code the "IPMC "), as published
by the International Code Council and as amended in TMC Section 8.28.020.13, to be the
Property Maintenance Code of the City of Tukwila. A copy of the adopted IPMC is on file
in the Department of Community Development of the City of Tukwila for public use.
B. The City of Tukwila hereby adopts the following changes to the IPMC as adopted
in TMC Section 8.28.020.A:
IPMC Section 101.1 shall reflect that the name of the jurisdiction is the City of
Tukwila.
2. Reference to the International Plumbing Code is hereby deleted from IPMC
Section 102.3. The last sentence of IPMC Section 102.3 is hereby deleted in its entirety.
3. The first sentence of IPMC Section 102.7 is hereby amended to read as
follows:
The codes and standards referenced in this code shall be those that are
listed in IPMC Chapter 99, "Referenced Standards," as herein amended ff
rand considered part of the requirements of this code to the prescribed extent of each
such reference and as further regulated in Sections 102.7.1 and 102.7.2.
4. IPMC Section 103.5 is hereby repealed in its entirety.
5. IPMC Section 111 is hereby repealed in its entirety. Any person directly
affected by a decision of the code official or a Violation Notice and Order or a civil ea#ation
infraction, or any other order issued under this code or TMC Chapter 8.45,, shall have the
right to appeal to the City Hearing Examiner or the Municipal Court as set forth in TMC
Chapter 8.45. In addition to, or in lieu of, any other state or local provisions for the
recovery of costs or penalties incurred or assessed under TMC Chapter 8.45, the City
Treasurer may, pursuant to RCW 35.80.030(1)(h), certify to the King County Treasurer an
assessment amount equal to the costs of abatement, removal, or repair of the property
and /or any associated penalties and collections to the tax rolls against the property for the
current year and the same shall become a part of the general taxes for that year, to be
collected at the same time and with interest at such rates and in such manner as provided
for in RCW 84.56.020.
6. IPMC Section 112.4 is hereby repealed in its entirety. Enforcement shall be
according to TMC Chapter 8.45.
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References to "International Plumbing Code" and "International Zoning Code"
are hereby deleted from IPMC Section 201.3.
8. The following definitions shall be added to IPMC Section 202 as follows:
a. Accessory Structure. A detached structure, such as garage or shed, that
is subordinate to the principal building(s) on the same premises except Accessory
Dwelling Units.
Adequate. Sufficient to accomplish the purpose intended without
unreasonable risk to human health or safety.
c. Asbestos - Containing Material. Any material or product containing more
than one percent asbestos.
d. Balusters. Pillars or columns in a series supporting a rail or guard.
Biological Agent. Includes but not limited to mold, infestation, human
and animal waste, wastewater, sewage, rotting material and accumulation of trash that
ma rV harbor viruses, parasites, fungi, and /or bacteria.
f. Carbon Monoxide Alarm. An electronic device that measures the level of
carbon monoxide gas in the air and is equipped with a sensor that activates an audible
alarm when an amount of carbon monoxide above the device's threshold level
accumulates in the area in which the alarm is located.
g_ Chemical Agent. Chemicals that have the potential to cause adverse
health effects.
h. Class ABC Fire Extinguisher. A fire extinguisher capable of putting out:
fires in ordinary combustible materials, such as wood, cloth, paper,
rubber, and many plastics (Class A);
(2) fires in flammable liquids, combustible liquids, petroleum greases,
tars oils oil -based paints, solvents, lacquers, alcohols, and flammable gases (Class B);
and
fires that involve energized electrical equipment (Class C).
i. Cleanable. Moisture - resistant, free from cracks, pitting, chips, or tears,
and designed to be cleaned frequently.
Code Official is deemed to refer to the Building Official.
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k. Common Areas. Areas within multifamily housing that are designated for
use by all occupants, owners, tenants or users of a building or building complex, including
but not limited to corridors, hallways, lobbies, parking areas, laundry rooms, recreational
spaces, pools, and exterior property.
I. Department of Property Maintenance is deemed to refer to the Code
Enforcement Section.
m. Eqress. The path available for a person to leave a building. This route
shall be unobstructed, and doors along this route cannot be subject to locking from the
side to which people will be leaving.
n. Emergency Escape and Rescue Openinq. An openable window, door,
or other similar device that provides for a means of escape and access for rescue in the
event of an emergency.
o. Friable. Asbestos - containing material that, when dry, can be crumbled,
pulverized, or reduced to powder by hand pressure.
p. Grade. The finished ground level adjoining building at all exterior walls.
q. Graywater System. A system for collecting household wastewater from
plumbing fixtures other than toilets and treating it for non - potable reuse.
r. Handrail. A horizontal or sloping rail intended for grasping by the hand
for guidance or support.
s. Harborage. Any condition or place where pests can obtain water or food,
nest, or shelter.
t. Health. See "Safe and Healthy.'
u. Heatinq System. Facilities that, for the purpose of maintaining thermal
comfort durinq cold weather, heat air or water through a furnace or heat pump and
distribute such heat through vents, ducts, pipes, or radiators, or hardwired electrical
heaters.
v. Insects. All species of classes of Arachnida and Insecta (Hexapoda) of
the Phylum Arthropoda including flies, mosquitoes, bed bugs, crickets, cockroaches,
moths bees wasps hornets fleas lice beetles, weevils, gnats, ants, termites, mites,
ticks, spiders, and scorpions.
w. Integrated Pest Management. A s systematic strategy for managing pests
that consists of eliminating their harborage places; removing, or making inaccessible their
food and water sources; routine inspection and monitoring; identification of evidence
found; treatment that is scaled to and designed for the infestation; using the least toxic
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pesticide for the identified pest; and follow -up inspection until the infestation is gone. Low -
toxicity pesticide products are labeled with the single word of CAUTION.
x. Lead -Based Paint. Equal to or greater than 1.0 milligram lead per
square centimeter or 0.5 percent lead by weight for existing surfaces, paint, or other
surface coatings, and equal to or greater than 90 parts per million (ppm) or .009 percent
lead for paint and other surface coatings at the point of purchase
v. Methamphetamine. A synthetic drug with rapid and lasting effects
sometimes used or manufactured illegally as a stimulant.
z. Mold. A growth that a fungus produces on damp or decaying organic
matter or on living organisms.
units.
aa. Multifamily Housing. Any dwelling containing more than two dwelling
bb. Pests. Insects, rodents, or other vermin.
cc. Pesticide. Any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant
regulator, defoliant, or desiccant.
dd. Privacy. Conditions that permit an individual or individuals to be without
observation, interruption, or interference by unwanted individuals.
ee. Properly Connected. Installed in accordance with all applicable codes
and ordinances, and in good working order and not constituting a hazard to life or health.
ff. Radon. An odorless, tasteless, and invisible gas found in both outdoor
air and indoor air that is a form of ionizing radiation produced by the decay of uranium in
soil and water.
gg, Recyclable Materials. Disposable products composed of glass, metal,
paper, plastic, and similar content that can be processed to produce a new supply of the
same material or be reused in the production of other materials.
hh. Riser. Vertical surface that connects one tread of a step or stair to the
next.
ii. Rodent. Any member of the order Rodentia, including but not limited to
field and wood mice, wood rats, squirrels, woodchucks, gophers, Norway rats (Rattus
norvegicus) roof rats (rattus rattus), and house mice (Mus musculus).
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jL Rubbish. Combustible and noncombustible waste materials, except
garbage; the term shall include the residue from the burning of wood, coal, coke and other
combustible materials; paper; rags; cartons; boxes; wood; excelsior; rubber; leather; tree
branches; yard trimmings; tin cans; metals; mineral matter; glass, crockery and dust;
discarded furniture and appliances; and other similar materials.
kk. Safe and Healthy. The condition of being free from danger and from
chemical, biological, and physical agents that may cause injury, disease, or death; and fit
for human occupancy.
II. Smoke. Emissions from a lighted pipe, cigar, cigarette, hookah, weed,
herbs, or any other lighted biomass - burning substances such as but not limited to tobacco,
mariivana, and incense.
MM. Smoke Detector. A device that is equipped to activate an audible
alarm when it detects the presence of combustion products in air.
nn. Space Heater. A self - contained convection or radiant heater designed to
heat a room, two adjoining rooms, or some other limited space or area.
oo. Supplied. Paid for, furnished by, provided by, or under the control of the
owner or operator.
pp. Trash. Garbage, refuse or ashes.
gg_ Tread. The horizontal surface of a step or stair.
rr. Unblockable Drain. Includes a pool, spa, or whirlpool drain of any size
and shape that a human body cannot sufficiently block to create a suction entrapment
hazard.
ss. Ventilation System. The natural or mechanical process of supplying or
removing conditioned or unconditioned air to or from a space.
ft. Volatile Organic Compounds (VOC). Organic chemical compounds
whose composition makes it possible for them to evaporate under normal indoor
atmospheric conditions of temperature and pressure.
uu. Walk -off Mat. A coarse - ribbed or plush- surfaced mat with nonslip
backing placed inside or just outside building entrances designed to capture dirt, water,
and other materials tracked inside by people and equipment.
vv. Waterproof. Impervious to water.
ww. Weathertight. Secure against penetration by air, wind, rain, snow, and
other weather conditions.
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9. The following is added to IPMC Section 301 as follows:
301.4 Safe and healthy condition. The owner shall ensure that the dwelling
is maintained in a safe and healthy condition. The owner shall investigate occupant
reports of unsafe or unhealthy conditions, respond in writing, and make needed repairs in
a timely manner. Occupants shall report unsafe or unhealthy conditions, including
breakdowns, leaks, and other problems requiring repair, to the owner in a timely manner.
-910. The first sentence of IPMC Section 302.4 is hereby amended to read as
follows:
All premises and exterior property shall be maintained free from weeds or
plant growth in excess of 2412 inches.
11. The following is added to IPMC Section 302 as follows:
302.5.1 Rodent exclusion. There shall be no holes or open joints in exterior
walls, foundations, slabs, floors, or roofs that equal or exceed one - eighth inch Q mml
The areas surrounding windows, doors, pipes, drains, wires, conduits, vents, and other
openings that penetrate exterior walls shall be sealed with low -VOC caulk or closed -cell
insulation.
4-912. The fiFst sentenee -of IPMC Section 303.2 is hereby amended to read as
follows:
Private swimming pools, hot tubs and spas containing water more than 24
inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less
than 60 inches (421 -91524 mm) in height above the finished ground level measured on the
side of the barrier away from the pool. Gates and doors in such barriers shall be self -
closing and self - latching. Where the self - latching device is not less than 54 inches (1372
mm) above the bottom of the gate, the release mechanism shall be located on the pool
side of the gate. Self - closing and self - latching gates shall be maintained such that the
gate will positively close and latch when released from an open position of 6 inches (152
mm) from the gatepost. No existing pool enclosure shall be removed, replaced or
changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346
shall be exempt from the provisions of this section.
13. The following is added to IPMC Section 303 as follows:
303.3 Prevention of entrapment. Suction outlets on pools and spas shall
have anti - entrapment drain covers compliant with ANSI / ASME Al 12.19.8 and ANSI /
APSP/ ICC -8 -2013. Pool drains and drain covers shall be clearly visible and in good
repair. Where there is a sinale main drain (other than an unblockable drain), a second
anti - entrapment system shall be installed
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303.4 Fences, pates and barriers (collectively "barriers "). Fences and
gates shall not have climbable crosspieces. The maximum vertical clearance between
grade and the bottom of the barrier shall be 4 inches (51 mm) measured on the side of the
barrier which faces away from the swimminq pool. Where the top of the pool structure is
above grade, such as an above - ground pool, the barrier may be at ground level, or
mounted on top of the pool structure. Where the barrier is mounted on top of the pool
structure, the maximum vertical clearance between the top of the pool structure and the
bottom of the barrier shall be 4 inches (102 mm). Gates shall open outward away from the
Pool.
14. The following is added to IPMC Section 304 as follows:
304.7.1 Crawl spaces. The crawl space shall be free of high- moisture
conditions or be separated from the dwelling by an air seal or other method suitable to the
climate and conditions.
304.10.1 Nonskid surfaces. Treads on exterior stairways shall have
nonskid surfaces.
304.13.3 Window guards. In dwelling units, if the vertical distance from the
top of the sill of an exterior openable window to the finished grade or other surface below
is greater than 72 inches (183 cm), and the vertical distance from the top of the sill to the
floor of the room is less than 36 inches (91.5 cm), the window shall have a fall prevention
device compliant with ASTM F2006 or ASTM F2090, unless the opening will not allow a 4-
inch diameter (102 mm) sphere to pass through when fully opened.
304.13.4 Attached garages. Openings separating an attached garage from
a habitable room, including doors, ceilings, floors, and utility and ductwork penetrations,
shall be sealed. The doorway between a habitable room and an attached garage shall be
equipped with a wood door not less than 1 -3/8 inches (35 mm) in thickness, a solid or
honeycomb core steel door not less than 1 -3/8 inches (35 mm) thick, or a 20- minute fire -
rated door. The door shall have a self - closing, self - latching mechanism and be sealed
with weather stripping.
4415. The first sentence of IPMC Section 304.14 is hereby amended to read as
follows:
During the period from January 1 to December 31, every door, window and
other outside opening required for ventilation of habitable rooms, food preparation areas,
food service areas or any other areas where products to be included or utilized in food for
human consumption are processed, manufactured, packaged or stored, shall be supplied
with approved tightly fitting screens of not less +h°^ minimum 16 mesh per inch (16 mesh
per 2425 mm) and every screen door used for insect control shall have a self - closing
device in good working condition.
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16. The following is added to IPMC Section 304 as follows:
304.15.1 Self - closing mechanism. Every exterior door on a multifamily
building with a common entry that leads into a foyer or hallway shall have a self - closing,
self - latching mechanism.
304.18.4 Change of tenancy. Following each change in tenancy, the entry
door(s) lock shall be changed.
17. The followinq is added to IPMC Section 305 as follows:
305.4.1 Floors and floor coverings. Floors and floor coverings shall be
attached at each threshold, capable of being cleaned, and free of bulges and buckling.
Carpet shall have no tears, folds, or bumps.
305.7 Mold and moisture. Interior and exterior surfaces and surface
coverings, such as but not limited to carpet, wood, cellulose insulation, and paper, paint,
and other wall coverings, including paper -faced gypsum board, shall have no signs of
visible mold growth or chronic or persistent excessive dampness or moisture. Material that
is discolored or deteriorated by mold or mildew or causes a moldy or earthy odor shall be
cleaned, dried, and repaired. Structurally unsound material shall be removed and
replaced. Removal and repair of moldy material shall be conducted in accordance with
New York City's Guidelines on Assessment and Remediation of Fungi in Indoor
Environments, the EPA guidelines for Mold Remediation in Schools and Commercial
Buildings, or other approved method. The underlying cause of excessive dampness or
moisture, or moldy or earthy odor, shall be investigated and corrected. If the occupant's
action has caused pooling of water inside the dwelling unit, the occupant shall clean up
and dry out the area in a timely manner.
18. The following is added to IPMC Section 307 as follows:
307.2 Crosspieces. There shall be no climbable crosspieces.
307.3 Openings at floor level. If the guard's balusters do not reach the floor
or ground, the narrowest opening between the bottom of the guard and the floor shall be a
maximum of four inches (10.2 cm).
19. The following is added to IPMC Section 309 as follows:
309.1.1 Elimination methods. Pest infestation and the underlying cause
shall be eliminated using control methods consistent with integrated pest management,
such as exclusion sanitation, and least -risk pesticides scaled to and designed for the
targeted infestation.
309.1.2 Prohibited chemicals. Foggers and organic phosphates shall not
be used to control or eliminate pests.
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309.6 Prevention of pest habitat. Stored materials shall be placed in boxes
or stacked in stable piles, elevated at least six inches (152 mm) above the ground or floor,
located at least six inches (152 mm) from the walls, and not blocking any egress routes.
There shall be no accumulation of trash, paper, boxes, lumber, scrap metal, food, or other
materials that support rodent harborage in or about any dwelling or premises. There shall
be no trees, shrubs, or other plantings in the soil within six inches (152 mm) of any
dwelling.
309.7 Multifamily building. A certified pest management professional or
other personnel who has training or certification in integrated pest management shall
develop the integrated pest management program for a multifamily building.
20. The followina is added to IPMC Section 402 as follows:
402.4 Exterior spaces. The parking areas and walkways of multifamily
housing shall be illuminated by outdoor lighting devices suitable for premises.
21. The following is added to IPMC Section 403 as follows:
403.4.1 Exhaust. No exhausted air shall be discharged onto abutting or
adjacent public or private property or that of another occupant. Exhaust vent pipe
openings and any pest - proofing screens that cover them shall be maintained free of
debris.
403.4.2 Basement air. Basement air shall not be used as supply air for an
air handling system.
403.5.1 Clothes dryer duct. The exhaust from a clothes dryer shall be
vented through a rigid or corrugated semi -rigid metal duct.
403.6 Ventilation system. Every dwelling shall have a ventilation system
compliant with ASHRAE Standard 62.2 (Ventilation and Acceptable Indoor Air Quality in
Low -Rise Residential Buildings) or ASHRAE 62.1 (Ventilation for Acceptable Indoor Air
Quality) as applicable to the dwelling.
403.7 Air Sealing. In a multifamilVbuilding, walls, ceilings, and floors that
separate a dwelling unit from neighboring units, corridors, chases, stairwells, common
areas, and other openings shall be sealed.
22. The following is added to IPMC Section 404 as follows:
404.4.6 Closet. Every dwelling shall have closet space or other storage
space to store occupants' clothing and personal belongings.
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404.7.1 Kitchen sink. There shall be a kitchen sink in good working
condition that is properly connected to heated and unheated water supplies and waste
pipes. Any provided dishwasher and components of the sink, including disposal and water
filtration devices, shall be in good working condition and properly connected.
404.7.2 Range. There shall be a properly installed range in good working
condition with all necessary connections for safe and efficient operation. The range shall
include an oven other than a microwave oven, unless both a cooktop and separate oven
are provided. A hot plate is not an acceptable substitute for burners on a range or
cooktop. The range or cooktop shall have a vertical clearance of not less than 30 inches
(762 mm) from above its surface to unprotected combustible material. Reduced
clearances are permitted in accordance with the listing and labeling of the range hood.
404.7.3 Refrigerator. There shall be a refrigerator in good working condition
that is capable of maintaining a temperature less than 41'F (6 °C) but more than 32 °F
(0 °C). The freezer section of the refrigerator, or separate freezer, shall be capable of
maintaining a temperature below 0 °F (- 18 0C). If the lease does not provide for a
refrigerator, adequate connections for the occupant's installation and operation of a
refrigerator shall be provided.
404.7.4 Counters and cabinets. Counters, countertop edges, cabinets, and
shelves shall be of sound construction and furnished with surfaces that are impervious to
water, smooth, and cleanable. Cabinets shall have tight- fitting doors and no gaps
between any surfaces. Each dwelling unit shall have a cabinet or other storage space that
is lockable or not readily accessible to children for the storage of medicine and household
chemical agents.
23. The following is added to IPMC Section 503 as follows:
503.4.1 Nonslip surfaces. The bottoms of bathtubs and shower floors shall
have permanent or removable nonslip surfaces.
503.5 Wall surface. Cleanable, nonabsorbent, waterproof material shall
cover the wall extending 72 inches (183 cm) above the floor of a shower stall or the floor of
a bathtub fitted with shower head. Such materials shall form a tight ioint with each other
and with the bathtub or shower. Water /mold- resistant materials shall be used on
bathroom walls and floors, showers, and other areas of the home that are likelv to be
exposed to moisture.
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23. The following is added to IPMC Section 503 as follows:
503.4.1 Nonslip surfaces. The bottoms of bathtubs and shower floors shall
have permanent or removable nonslip surfaces.
503.5 Wall surface. Cleanable, nonabsorbent, waterproof material shall
cover the wall extending 72 inches (183 cm) above the floor of a shower stall or the floor of
a bathtub fitted with shower head. Such materials shall form a tight ioint with each other
and with the bathtub or shower. Water /mold- resistant materials shall be used on
bathroom walls and floors, showers, and other areas of the home that are likelv to be
exposed to moisture.
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24. The following is added to IPMC Section 505 as follows:
505.4.1 Maximum temperatures. Bathtub faucets and shower heads shall
have a maximum temperature of 120 °F (49 °C).
25. The following is added to IPMC Section 506 as follows:
506.1.1 Cleanout. The drainage system shall have a cleanout.
506.1.2 Graywater. Plumbing fixtures other than toilets may discharge to the
dwelling's graywater system.
26. The following is added to IPMC Section 602 as follows:
602.1.1 Maintenance, operation and servicing. The heating system,
filtration components, distribution components, heating elements, and cooling elements
shall be sealed, cleaned, maintained, and operated in accordance with manufacturer
specifications and shall be inspected and serviced annually by a licensed heating,
ventilation, and air conditioning systems contractor.
602.1.2 Alternative heat source. If heating equipment becomes inoperative
due to a mechanical problem or power failure other than a utility outage, an alternative
safe source of necessary heating or ventilating shall be provided within 48 hours.
602.2.1 Maximum temperature. At no time during the heating season shall
the system allow the temperature to exceed 78 °F (25 °C) in any habitable room.
4-327. The first sentence of IPMC Section 602.3 is hereby amended to read as
follows:
Every owner and operator of any building who rents, leases or lets one or
more dwelling units or sleeping units, on terms, either expressed or implied, to furnish heat
to the occupants thereof shall supply heat during the period from January 1 to December
31 to maintain a temperature of not less than 68 °F (20 °C) in all habitable rooms,
bathrooms, and toilet rooms.
4428. The first sentence of IPMC Section 602.4 is hereby amended to read as
follows:
Indoor occupiable work spaces shall be supplied with heat during the period
from January 1 to December 31 to maintain a temperature of not less than 65 °F (18 °C)
during the period the spaces are occupied.
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29. The following is added to IPMC Section 602 as follows:
602.6 Forced -air heating systems. Any dwelling with a forced -air system
shall have a thermostat within each dwelling unit capable of controlling the heating system,
and cooling system if provided, to maintain a temperature set point between 55 °F (13 °C)
and 85 °F (29 °C) at different times of the day. The system shall have a clean air filter
installed in accordance with manufacturer specifications at each change in tenancy and at
least annually. This filter shall have a minimum efficiency reporting value of eight (MERV-
8) unless the system is not equipped to use a MERV -8 filter.
602.7 Steam and hot water heating systems. In dwellings with heatinq
equipment utilizing steam or hot water with a temperature of 110 °F (43 °C) or greater,
protective covers /barriers shall be installed on and maintained for exposed surfaces of
baseboard units, radiators, and piping between radiators.
602.8 Wood stoves. A free - standing wood stove shall have brackets to
prevent tip -over. A wood stove manufactured after June 1988 shall have a manufacturer's
label certifying compliance with the emission standard at 4 -0 C.F.R § 60 part AAA.
Clearance of 30 inches (76 cm) shall be maintained between combustible materials and a
stove with no heat shield. Where a heat shield is present, the clearance between
combustible materials and the stove shall be compliant with manufacturer specification for
the heat shield.
30. The following is added to IPMC Section 603 as follows:
603.1.1 Equipment located in attached garage. Heating and air
conditioning system ductwork and air handling units located in an attached garage shall be
insulated and sealed. There shall be no supply or return vent openings in a garage that
connect to air handlers serving habitable spaces.
be locked.
603.1.2 Equipment access. In multifamily buildings, equipment rooms shall
603.7 Moisture prevention. Cold HVAC and plumbinq components and
systems (e.g. , chilled -water pipes and valves, refrigerant piping, and valves) in readily
accessible locations shall be sufficiently and continuously insulated to keep the
temperature of their surfaces at least 10 °F (4 °C) above the dew point of the surrounding
air.
31. The following is added to IPMC Section 605 as follows:
605.2.1 Ground fault circuit interrupters. Every kitchen shall contain at
least one receptacle outlet with a ground fault circuit interrupter (GFCI). Receptacle
outlets in garages crawl spaces unfinished basements and outdoors shall be protected
by GFCls.
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605.3.1 Switches. Light switches that control ceiling- or wall -type electric
light fixtures shall be located conveniently.
32. Section IPMC 702.4 is amended to read as follows:
702.4 Emergency escape openings. Required emergency escape
openings shall comply with the following: Every sleeping room, including sleeping rooms
located in basements, shall have at least one openable emergency escape and rescue
opening. The opening shall have a minimum net clear opening width of 20 inches (508
mm) and the minimum net clear opening height shall be 24 inches (610 mm). The
opening shall be a minimum of 5.7 square feet with the finished sill height a maximum of
44 inches (1118 mm) measured from the finished floor to the bottom of the clear
opening. Emergency escape and rescue openings shall be operational from the inside
of the room without the use of keys, tools or special knowledge. Bars, grilles, prates or
similar devices are permitted to be placed over emergency escape and rescue openings
provided the minimum net clear opening size complies with these requirements and
such devices shall be releasable or removable from the inside without the use of a key,
tool or force greater than that which is required for normal operation of the escape and
rescue opening_
33. The following is added to IPMC Section 704 as follows:
704.2.5 Response to alarms. In the event a smoke alarm sounds, the
cause of the alarm condition shall be identified and corrected.
704.2.6 Long- lasting batteries. Battery- operated alarms and the battery
backup for hardwired alarms shall be powered with long - lasting non - alkaline batteries.
704.3 Fire Extinguisher. Fire extinguishers shall be rated Class ABC and
shall be readily accessible.
704.3.1 Multifamilv housing. In multifamilv housinq, there shall be portable
fire extinguishers in common areas on each floor of multifamily housing and in areas
where flammable or combustible liquids are stored, used, or dispensed. These fire
extinguishers shall be placed in conspicuous, unobstructed locations that are not obscured
from view.
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... ..
702.4 Emergency escape openings. Required emergency escape
openings shall comply with the following: Every sleeping room, including sleeping rooms
located in basements, shall have at least one openable emergency escape and rescue
opening. The opening shall have a minimum net clear opening width of 20 inches (508
mm) and the minimum net clear opening height shall be 24 inches (610 mm). The
opening shall be a minimum of 5.7 square feet with the finished sill height a maximum of
44 inches (1118 mm) measured from the finished floor to the bottom of the clear
opening. Emergency escape and rescue openings shall be operational from the inside
of the room without the use of keys, tools or special knowledge. Bars, grilles, prates or
similar devices are permitted to be placed over emergency escape and rescue openings
provided the minimum net clear opening size complies with these requirements and
such devices shall be releasable or removable from the inside without the use of a key,
tool or force greater than that which is required for normal operation of the escape and
rescue opening_
33. The following is added to IPMC Section 704 as follows:
704.2.5 Response to alarms. In the event a smoke alarm sounds, the
cause of the alarm condition shall be identified and corrected.
704.2.6 Long- lasting batteries. Battery- operated alarms and the battery
backup for hardwired alarms shall be powered with long - lasting non - alkaline batteries.
704.3 Fire Extinguisher. Fire extinguishers shall be rated Class ABC and
shall be readily accessible.
704.3.1 Multifamilv housing. In multifamilv housinq, there shall be portable
fire extinguishers in common areas on each floor of multifamily housing and in areas
where flammable or combustible liquids are stored, used, or dispensed. These fire
extinguishers shall be placed in conspicuous, unobstructed locations that are not obscured
from view.
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704.4 Storage. Storage space for flammable and combustible liquids shall
be provided in a building separate from the dwelling's habitable space or in an adjacent
space that is not connected to the dwelling's ventilation system.
34. A new section — IPMC Section 705 — is added as follows:
SECTION 705 CARBON MONOXIDE
705.1 General. Every dwelling unit shall have at least one functioning
carbon monoxide (CO) alarm on every habitable floor and outside each separate sleeping
area in the immediate vicinity of the bedroom. In the event a CO alarm sounds, the cause
of the alarm condition shall be identified and corrected.
705.2 Long - lasting batteries. Battery- operated alarms and the battery
backup for hardwired alarms shall be powered with long - lasting non - alkaline batteries.
705.3 Visual notification. Alternative visual notification shall be provided for
hearing- impaired occupants.
35. IPMC Chapter 8 is retitled "Chemical and Radiological Agents.'
36. A new section — IPMC Section 801 — is added as follows:
SECTION 801 GENERAL
801.1 Scope. The provisions of this chapter shall govern the minimum
conditions and standards for management of chemical and radiological agents during
maintenance of dwellings, premises, and accessory structures including but not limited to
deteriorated lead -based paint, friable asbestos - containing — material, formaldehyde, radon,
pesticides, methamphetamine, and carbon monoxide.
801.2 General Reauirements. The owner of the structure shall be
responsible for containing, storing, removing, or mitigating the presence of chemical or
radiological agents in a safe and healthy manner consistent with federal, state and local
laws and regulations. When an applicable regulatory limit is more protective than the level
included in this section, the more restrictive limit shall apply.
801.3 Use of Chemical Agents. The owner will provide occupants with at
least 48 hours' advance notice of planned use of a pesticide or herbicide, the date and
locations of application, and a copy of the warning q abel.
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37. A new section — IPMC Section 802 — is added as follows:
SECTION 802 LEAD -BASED PAINT
802.1 General. All interior and exterior surfaces of any dwelling or dwelling
unit shall not contain lead -based paint so as not to pose a threat to the health, safety or
welfare of residents. Lead -based paint shall not be applied to the interior or exterior
surface of any dwelling or dwelling unit.
802.2 Lead -based paint hazard levels. Lead -based paint hazard levels are
regulated by the Washington State Department of Commerce.
802.3 Deteriorated paint. All painted surfaces shall be maintained intact.
Deteriorated paint at a property built before 1978 shall be repaired in accordance with the
requirements of the Washington State Department of Commerce.
802.4 Renovation, repair and painting work. All renovation, repair and
painting work that disturbs a painted surface in a pre -1978 dwelling, shall be performed in
accordance with the requirements of the Washington State Department of Commerce.
38. A new section — IPMC Section 803 — is added as follows:
SECTION 803 ASBESTOS
803.1 General. Every owner shall maintain in good repair all asbestos -
containing material on the premises. All asbestos - containing material shall be maintained
non - friable and free from any defects such as holes, cracks, tears, and /or looseness that
may allow the release of fibers into the environment.
803.2 Friable asbestos. All friable asbestos - containing materials shall be
abated by licensed asbestos professionals in accordance with the requirements of the
Washington State Department of Labor and Industries.
803.3 Renovation. Any renovation, demolition, or other activity that will
disturb asbestos - containing materials shall be preceded by an asbestos abatement in
accordance with the requirements of the Washington State Department of Labor and
Industries.
803.4 Asbestos Abatement. Abatement, removal and disposal of all
asbestos - containing materials shall comply with all requirements of the Washington State
Department of Labor and Industries.
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39. A new section — IPMC Section 804 — is added as follows:
SECTION 804 TOXIC SUBSTANCES IN BUILDING MATERIALS
804.1 Building Materials. Building materials consisting of hardwood
plywood, medium - density fiberboard, and particleboard as defined by 15 U.S.C.
2697(b)(2) shall not be used in maintenance and renovations within dwellings, unless the
materials have been certified to meet the formaldehyde emission standards of 15 U.S.C.
2697(b)(2):
1. Hardwood plywood with a veneer core, 0.05 parts per million (ppm
2. Hardwood plywood with a composite core, 0.05 ppm;
3. Medium - density fiberboard, 0.11 ppm;
4. Thin medium - density fiberboard, 0.13 ppm; and
5. Particleboard, 0.09 ppm.
804.2 Volatile Organic Compounds (VOC). Building materials used in
maintenance and renovations, including but not limited to paints, coatings, primers, glues,
resins, adhesives, and floor coverings, shall be certified as having no volatile organic
chemicals (VOCs) or low VOC emissions, and having no halogenated flame retardants
HFRs .
40. A new section — IPMC Secton 805 — is added as follows:
SECTION 805 RADON
805.1 General. Radon present at levels at or above the EPA action level of
four picocuries radon per liter of air (pCl /L) in the lowest habitable level of the dwelling
shall be deemed hazardous. Radon levels shall be determined by an approved testing
method in accordance with state and local requirements. Radon levels exceeding 4 pCi /L
shall be mitigated by a qualified radon mitigation professional who meets state and local
requirements. If there are no state or local requirements qualifying radon testing and
mitigation professionals, radon testing and mitigation shall be performed by a professional
certified by a national private- sector radon proficiency program.
41. A new section — IPMC Section 806 — is added as follows:
SECTION 806 PESTICIDES
806.1 General. Pesticides shall only be used in accordance with integrated
pest management methods using the least -toxic pesticide with demonstrated efficacy for
the identified pest.
806.2 Pesticide application. Pesticides shall be applied only in areas and
at concentrations which comply with manufacturer specifications. When it is determined
by an approved method that a hazardous amount of a pesticide has been applied in a
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location or at a concentration contrary to manufacturer specifications, the hazard shall be
immediately mitigated.
806.3 Storage. Pesticides shall be stored and disposed in accordance with
manufacturer specifications.
42. A new section — IPMC Section 807 — is added as follows:
SECTION 807 METHAMPHETAMINE
807.1 General. A dwelling that has been used for methamphetamine
manufacture shall be vacated until certified by Public Health Seattle /King County as safe
from hazardous materials related to the methamphetamine manufacturing process.
43. A new section — IPMC Section 808 — is added as follows:
SECTION 808 SMOKING IN MULTIFAMILY HOUSING
808.1 Smoke -free Policies. Tenants and prospective tenants shall be
informed in writing of any applicable smoke -free policy and the location of designated
smoke -free and smoking areas. Signs shall be posted in all designated areas.
44. IPMC Chapter 8, "Referenced Standards," is hereby designated as Chapter
0
4545. References to "International Plumbing Code" and "International Zoning
Code" that appear in the index of Chapter 99, "Referenced Standards," are hereby
deleted.
46. IPMC Appendix A. "Boardina Standard." is herebv adopted.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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Section 5. 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 12015.
ATTEST /AUTH E NT I CATE D:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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M.,
Of Tukwil City /
�O
N
I '
p ` Community Affairs and Parks Commit
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
September 14, 2015 — 5.30 p.m. — Hazelnut Conference Room
PRESENT
Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg
Staff: David Cline, Jack Pace, Jerry Hight, Kathy Stetson, Stacy Hansen, Rachel Bianchi,
Laurel Humphrey
CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m.
1. PRESENTATIONS
11. BUSINESS AGENDA
A. Ordinance: International Property Maintenance Code and National Healthy Housing Standard
Staff is seeking Council approval of an ordinance that would adopt the 2015 International Property
Maintenance Code (IPMC) with portions of the National Housing Standard incorporated within..
The IPMC regulates housing and property conditions and is used by Code Enforcement staff when
investigating complaints and conducting inspections on every rental unit in the City. The 2012
version is currently adopted by reference and the 2015 edition is now available, with few
substantive changes.
The National Healthy Housing Standard (NHHS) is a new tool developed by the American Public
Health Association and the National Center for Healthy Housing, intended to be an enhancement
to the IPMC to focus on housing quality and occupant health. The principles of "healthy housing"
are Dry, C lean, Ventilated, Pest -free, Safe, Contaminant -free, and Well - Maintained. At its May 25,
2015 meeting, the CAP Committee directed staff to bring the NHHS forward for review along with
the IPMC. If adopted, the NHHS will give staff additional tools when investigating rental units or
reported violations. Changes include new kitchen requirements for dwelling units, protocols for
pest control via "integrated pest management," protocols for mold elimination, and a maximum
weed height of 12 inches. Staff proposes to adopt these portions of the NHHS by incorporating
them into the IMPC as amendments. If the ordinance is approved by Council, the rental housing
inspection checklist will be updated to reflect the additions.
Committee members asked clarifying questions. IPMC Section 303.2 requires and specifies
barriers to pools of water over 24 inches deep such as swimming pools and hot tubs.
Councilmember Ekberg inquired if that provision would apply to ponds. Staff will follow up with
that information in time for the Committee of the Whole discussion on the proposed ordinance.
UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 28, 2015 COMMITTEE OF THE
WHOLE.
Meeting adjourned at 6.21 p.m
Next meeting: Monday, September 28, 2015
Committee Chair Approval
Minutes by LH
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