HomeMy WebLinkAboutCAP 2016-06-13 Item 2A - Ordinance - 2015 International Building CodesCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Affairs and Parks
FROM: Jack Pace, Director of the Department of Community Development
BY: Jerry E Hight, Building Official
CC: Mayor Ekberg
DATE: June 13, 2016
SUBJECT: Adoption of the 2015 State Building Codes
ISSUE
The State Building Code Council has adopted the 2015 Washington State Building Code with a
statewide effective date of July 1, 2016. Shall the City Council approve the adoption of the 2015
State Building Code in Tukwila? We will not be making extensive changes to the new 2015
State Building Codes. Permit fees will be reviewed later this fall.
BACKGROUND
The State Building Code Council was created to advise the legislature on building code issues
and developed the building codes used in the state of Washington. In the course of
development of the State Building Code the Council holds public hearings, considers proposed
state amendments and finally adopts the international model codes and amendments. This
occurs on a three -year cycle. The following 2015 editions of the model codes make up the
referenced State Building Code:
*International Building Code with statewide amendments
•ICC /ANSI Al 17.1 -09, Accessible and Usable Buildings and Facilities, with statewide
amendments
•International Residential Code with statewide amendments
*international Mechanical Code with statewide amendments
-International Fuel Gas Code with statewide amendments (part of the IMC adoption)
•2014 Liquefied Petroleum Gas Code (NFPA 58)
*National Fuel Gas Code (NFPA 54) (for LP Gas installation only)
*Uniform Plumbing Code with statewide amendments
*International Energy Conservation Code/Washington State Energy Code
•International Existing Building Code with statewide amendments found in the IBC
-International Swimming Pool and Spa code
DISCUSSION Adoption of 2015 State Building Codes is necessary to enable legal enforcement of the
new codes within the City. The building industry, contractors, designers, developers, et cetera, depend on
statewide uniformity in the codes that impact their businesses. More importantly, the citizens of Tukwila
deserve to know that the built environment that they live, work and play in are designed with the latest
health, fire and life safety measures.
With this adoption, there are currently a few minor housekeeping issues we are asking council to consider
as follows:
I. Work exempt from permit section 105.2 of the International Building Code and International
Residential Code.
INFORMATIONAL MEMO
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a. The Residential Code and the Building Code have different size exemptions for one -story detached
accessory structures. The Building Code allowed 120 sq. ft. and the Residential Code allowed 200 square
feet. For consistency, we are recommending alignment with both codes to reflect a maximum 120 sq. ft.
The 120 sq. ft. figure has been the maximum size for many code cycles.
b. The Residential Code and the Building Code, allows an exemption for fences not over 7 feet in height.
We are recommending fences not over 6 feet in height.
II. 16.04.250 Procedures applicable to all construction permits:
E. Expiration of Permits. (revised) Previously the code stated, "The Building Official may grant one or
more extensions ..." It has been revised to state, "The Building Official may grant a maximum of two
extensions for periods not more than 180 days each." Projects will still be required to request progressive
inspections (every 180 days) or expire by limitation after two extensions.
F. Expired Permit Final. (deleted) The verbiage within the current section has been revised to clarify
the intent of reactivating a permit for final. An example of the intent of this section is for an owner who's
contractor does not call for final inspection of a rooftop HVAC unit replacement. Providing a means for a
final inspection allows us to address any safety issues. The new verbiage clarifies how and when a permit
can be reactivated for final inspection and is as follows:
[New] F. Reactivating Expired Permit for Final. Expired permits that have completed the
inspection process and need only final inspection approval may be reactivated. Reactivation shall
require a new permit application and fee per Expired Permit Final on the most current permit fee
resolution. The Building Official may grant one thirty (30) day extension to an expired permit for
the purpose of performing a final inspection and closing out the permit as long as not more than
ninety (90) days has passed since the permit expired. Provided no changes have been made or will
be made in the plans or scope of work, the thirty (30) day extension commences on the date of
written approval. If work required under a final inspection is not completed within the thirty (30)
day extension period, the permit shall expire.
III. Notable code changes /clarifications:
a. The 2015 Mechanical Code: This code includes multiple codes such as the adoption of and
amendments to the following codes:
- 2015 International Fuel Gas Code
- 2015 National Fuel Gas Code (NFPA 54)
- 2014 Liquefied Petroleum Gas Code (NFPA 58)
b. International Building Code Existing Buildings Chapter 34: Previously the International Building
Code provided us with guidance to control the alteration, repair, addition and change of occupancy of
existing buildings and structures through Chapter 34 "Existing Buildings." The International Code
Council (ICC) deleted Chapter 34 "Existing Buildings" and provided us with the International Existing
Building Code with statewide amendments.
c. International Residential Code Appendix G: Appendix G, "Swimming Pools, Spas and Hot Tubs,"
was previously included in the adoption of the International Residential Code. Appendix G has been
replaced with the International Swimming Pool and Spa Code.
d. Washington State Energy Code: The State adopted, revised and renamed the International Energy
Conservation Code IECC to become the 2015 Washington State Energy Code.
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FINANCIAL IMPACT
Implementation of the new code will not have a negative effect on the current 2015/2016
Budget.
RECOMMENDATION
Council is being asked to consider this item at the June 20, 2016 Regular meeting, consent
agenda.
ATTACHMENTS
Draft Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2402 §2,
§3 AND §4; 2171 §1 (PART) AND 2121 §1 (PART), AS CODIFIED AT
VARIOUS SECTIONS OF THE TUKWILA MUNICIPAL CODE
(16.04.020, 16.04.030 AND 16.04.250), TO ADOPT THE 2015 STATE
BUILDING CODE AND TO CLARIFY PROCEDURES RELATING TO
EXPIRED PERMITS; REPEALING ORDINANCE NO. 2449, AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.04.020,
AND ORDINANCE NOS. 2454 AND 2418, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 16.04.250, PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to its municipal authority, the City has adopted certain codes
as amended by the State of Washington as the Building and Construction Codes of the
City; and
WHEREAS, those codes are generally adopted and amended by the State of
Washington every three years pursuant to the provisions of RCW 19.27, and
municipalities are required to adopt the latest changes by July 1, 2016; and
WHEREAS, the City Council desires to adopt the 2015 State Building Code, as
reviewed by the City's Department of Community Development and stated herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC 16.04.020 Amended. Ordinance Nos. 2402 §2, 2171 §1 (part)
and 2121 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.04.020, are
amended to read as follows:
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16.04.020 Codes Adopted
Effective July 1, 244-32016, the following codes are adopted by reference as if fully set
forth:
1. The International Building Code, 2012 2015 Edition, and referonno.�
standards heFeto as published by the International Code Councils:, and as amended
and adopted by the State of Washington in GhapteF 51 50 WAG. The following
Appendices, standards and amendments are specifically adopted:
a. Appendix E, Supplementary Accessibility Requirements.
b. ICC /ANSI A117.1 -2009, rneFinan Natinnr.l StapAarrl Accessible and
Usable Buildings and Facilities, with statewide amendments.
c. Work exempt from a building permit. Section 105.2 of the
International Building Code, 2912 2015 Edition, is amended to include provisions
regarding the following work that is exempt from a building permit:
(1) Work performed by the City of Tukwila and located in City of Tukwila
right -of -way; work performed by Washington State Department of Transportation and
located in WSDOT right -of -way to include public utility towers and poles, mechanical
equipment not specifically regulated in this code, hydraulic flood control structures
including levees; provided that any structure or building constructed in a municipal or state
right -of -way and intended to be used as any occupancy classification of the State Building
Code is not exempt from the provisions of this code or the related permit requirements.
(2) One -story detached accessory structures used as tool and storage
sheds, playhouses and similar uses, provided the floor area does not exceed 120 square
feet, and such structure is outside of and entirely separated, as prescribed by Code, from
any existing building on the premises.
(3) Fences not over 6 feet high.
2. The International Residential Code, 281 2015 Edition as published by
the International Code Council and as amended and adopted by the State of Washington,
provided that Chapters 11 and 25 through 43 of this code are not adopted. AppendiX
"Swimmong Peels, Spas and Hot Tubs," is the adoption of the !RteFnatio
Residential Code.
a. Work exempt from a building permit. Section 105.2 of the
International Residential Code, 2015 Edition, is amended to include provisions regarding
the following work that is exempt from a building permit:
1) One -story detached accessory structures used as tool and storage
sheds, playhouses and similar uses, provided the floor area does not exceed 120 square
feet and such structure is outside of and entirely separated, as prescribed by Code, from
any existing building on the premises.
(2) Fences not over 6 feet high.
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3. The Uniform Plumbing Code and the Uniform Plumbing Code
Standards, 2012 015 Edition, published by the International Association of Plumbing
and Mechanical Officials, including Appendices A, B, and 1, - and as amended by the State
of Washington, provided that Chapters 12 and 4-514 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, E and 1 of
Uniform Plumbing Code are hereby adopted by refefenGe—.Provided further that the
following amendments to the Uniform Plumbing Code are adopted:
a. All reference to and definition of "authority having jurisdiction" is
deemed to refer to and shall mean the City of Tukwila Building Official.
b. 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.
c. 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's "Development Guidelines and Design and
Construction Standards," in conjunction with the Uniform Plumbing Code requirements.
"Sanitary drainage, side sewers, private sewer main extensions beyond the building
drain and grease interceptors outside the Tukwila sewer district shall be in compliance
with that purveyor's policies and standards.
4. The International Mechanical Code 2012 015, as published by the
International Code Council and as amended and adopted by the State of Washington-,
GhapteF 51 52 VVAG.
5. The International Fuel Gas Code, 2442-2015 Edition, as published by
the International Code Council; 4nc,. and as amended and adopted by the State of
Washington.
6. The Washington Cities Electrical Code. Article 80.3 National Electrical
Code: The 2014 Edition of the National Electrical Code (NFPA 70), including Annex A,
B and C; the 2013 Edition of Standard for the Installation of Stationary Pumps for Fire
Protection (NFPA 20-2013); the 2013 Edition of Standard for Emergency and Standby
Power Systems (NFPA 110-2013); Commercial Building Telecommunications Cabling
Standard (ANSI/TIA/EIA 568-13.1 June 2002 including Annex 1 through 5); Commercial
Building Standard for Telecommunications Pathway and Spaces (ANSI/TIA/EIA 569-A-7
December 2001 including Annex 1 through 4); Commercial Building Grounding and
Bonding Requirements for Telecommunications (ANSI/TIA/EIA 607-A-2002); and the
Residential Telecommunications Cable Standard (ANSI[TIA/EIA 570-B-2004) are
adopted and shall be applicable within the City of Tukwila as amended, added to and
excepted in the Washington Cities Electrical Code.
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(a) Article 85.11 of the National Electrical Code, sections (A), (B) and (C),
is amended entirely and replaced as follows: 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 when designated by the Building Official.
All references to "Code Official" shall mean the City of Tukwila Building Official or
designee.
7. international Energy Conser-vation C Washington State Energy
Code, 2012 2015 Edition, as published by the International Code CounciIT444G7 and as
amended and adopted by the State of Washington.
8. International Existing Building Code, 2015 Edition, as published by the
International Code Council and as amended and adopted by the State of Washington.
9. International Swimming Pool and Spa Code, 2015 Edition, as published by
the International Code Council and as amended and adopted by the State of
Washington.
Section 2. TIVIC 16.04.030 Amended. Ordinance Nos. 2402 §3, 2171 §1 (part)
and 2121 §1 (part), as codified at TIVIC Section 16.04.030, are amended to read as
follows:
16.04.030 Filing Copies of State Building Codes
The City - Clem - Department of Community Development shall maintain on file not
less than one copy of the codes referred to in TIVIC Section 16.04.020 and the codes
shall be open to public inspection.
Section 3. TIVIC 16.04.250 Amended. Ordinance Nos. 2402 §4, 2171 §1 (part)
and 2121 §1 (part), as codified at TIVIC Section 16.04.250, are amended to read as
follows:
16.04.250 Procedures applicable to all construction permits
A. Permit and plan review fees applicable to all construction permits - are - listed in
the ME)St GUrrent p r—lotion shall be in accordance with the permit fee
schedule adopted by resolution of the City Council.
B. Work covered without inspection or work not ready at the time of inspection
may be charged a re-inspection fee at the hourly rate listed in the Most GUrrent permi
fee resel in accordance with the permit fee schedule adopted by resolution of the
City Council.
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C. Work without a permit. Any person who commences work before obtaining
the necessary permits shall be subject to an investigation fee. The investigation fee
shall be equal to the established permit fee as set forth in the FnOSt Gurrent permit fee
reselufioi4 in accordance with the permit fee schedule adopted by resolution of the City
Council. This fee, which shall constitute an investigation fee, shall be imposed and
collected in all cases, whether or not a permit is subsequently issued.
D. Fee refunds. The Building Official may refund any permit fee paid by the
original permit applicant that was erroneously paid or collected. The Building Official
may also authorize the refund of not more than 80% of the permit fee when no work has
been done under a permit issued in accordance with the code. Where a plan review fee
has been collected, no refund will be authorized once it has been determined that the
application is complete and the plan review process has commenced. Refund of any
permit fee paid shall be requested by the original permit applicant in writing and not later
than 180 days after the date of fee payment.
E. Expiration of Permits. All building, mechanical, plumbing, fuel gas piping and
electrical permits shall become invalid unless the work on the site authorized by such
permit is commenced within 180 days after issuance or the work is suspended or
abandoned for a period of 180 days after the time the work is commenced. The
Building Official may grant ene er mere-a maximum of two extensions for periods not
more than 180 days each. The extension shall be requested in writing and justifiable
cause demonstrated.
F. Reactivating Expired Permit for Final.
. paid per the MGSt GUFFeRt permit fee resolu Expired permits that have completed
the inspection process and need only final inspection approval may be reactivated.
Reactivation shall require a new permit application, and the fee shall be in accordance
with the permit fee schedule adopted by resolution of the City Council. The Building
Official may grant one 30-day extension to an expired permit for the purpose of
performing a final inspection and closing out the permit as long as not more than 90
days have passed since the permit expired. Provided no changes have been made or
will be made in the plans or scope of work, the 30-day extension commences on the
date of written approval. If work required under a final inspection is not completed
within the 30-day extension period, the permit shall expire.
G. Residential remodel permits. Owner-occupied residential remodel permits for
projects not exceeding $20,000.00 in valuation are eligible for a flat fee for the plan
review and permit per the MGSt GUFreRt permit fee Feseluti in accordance with the
permit fee schedule adopted by resolution of the City Council. The valuation will be
cumulative during a rolling one year period and projects that exceed the $20,000.00
limit will be subject to the standard permit fee SGhedule in accordance with the permit
fee schedule adopted by resolution of the City Council. All requirements for submittal
documents and inspections are as required for a new house under this section; only the
fee is reduced.
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H. Appeals. All references to 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 of the
following conditions exists.
1. The true intent of the code or ordinance has been incorrectly interpreted.
2. The provisions of the code or ordinance do not fully apply.
3. The decision is unreasonable or arbitrary as it applies to alternatives or
new materials.
4. Notice of Appeal procedures shall be in accordance with TMC Section
18.116.030.
I. Violations. Whenever the authority having jurisdiction determines that there
are violations of this code, a written notice shall be issued to confirm such findings. Any
Notice of Violation 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 of Violation shall be posted on the premises in a conspicuous place, at or
near the entrance to such premises, and the Notice of Violation shall be mailed by
registered or certified mail, with return receipt requested, to the last known address of
the owner, occupant or both.
J. Penalties. Any person, firm or corporation who shall willfully violate or fails to
comply with a Notice of Violation is liable for the monetary penalties prescribed in TMC
Section 8.45.100.A.2.
Section 4. Repealer. Ordinance No. 2449, as codified at TMC Section 16.04.020,
is hereby repealed.
Section 5. Repealer. Ordinance Nos. 2454 and 2418, as codified at TMC Section
16.04.250, are hereby repealed.
Section 6. 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.
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Section 7. 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 8. 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 and effect
July 1, 2016.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of )2016.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
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Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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