HomeMy WebLinkAboutSpecial 2021-01-25 Item 2C - Ordinance - 2018 Washington State Building CodesITEM INFORMATION
STAFF SPONSOR: JERRY E HIGHT ORIGINAL AGENDA DATE: 01/11/21
AGENDA ITEM TITLE Adoption of Washington State 2018 International Building Codes
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 01/11/21 Mtg Date Mtg Date Mtg Date 01/25/21 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW
SPONSOR’S
SUMMARY The State Building Code Council was scheduled to adopt the 2018 Washington State
Building Codes with a statewide effective date of July 1, 2020. However, due to COVID the
statewide effective date has been changed to February 1, 2021. The Council is being ask to
adoptthe 2018 Washing State Building Codes along with amendments noted in the
attached ordinance.
REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Com Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. DEPARTMENT OF COMMUNITY DEVELOPMENT
COMMITTEE UNANIMOUS APPROVAL; FORWARD TO REGULAR COUNCIL MEETING
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
01/11/21 Forwarded to next Regular Meeting
01/25/21
MTG. DATE ATTACHMENTS
01/18/21 Informational Memorandum dated 01/11/2021
Ordinance
01/25/21
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
01/11/21 JH
01/25/21 JH
Summary of code changes
Final ordinance
Spec 2.C.
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2171 §1
(PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)
SECTIONS 16.04.010, 16.04.020, 16.04.030 AND 16.04.250, TO
ADOPT UPDATED STATE BUILDING CODES; REPEALING
ORDINANCE NOS. 2539, 2503, 2402, AND 2121; REPEALING
ORDINANCE NO. 2171 §1 (PART), AS CODIFIED AT TMC SECTION
16.04.200; REPEALING ORDINANCE NO. 2549 §17, AS CODIFIED
AT TMC SECTION 16.04.250; REPEALING ORDINANCE NO. 2326
TO ELIMINATE TMC CHAPTER 16.05 IN ITS ENTIRETY; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuantto 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 February 1,2021; and
WHEREAS, the City Council desires to adopt the 2018 State Building Code and
amendments, and other codes as specified herein, as reviewed by the City’s Department
of Community Developmentand stated herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC 16.04.010 Restated. Ordinance No. 2171 §1 (part), as codified at
Tukwila Municipal Code (TMC) Section 16.04.010, “Purpose of Chapter,” is amended to
read as follows:
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 standardsfor supplied utilities, facilities and other physical things and conditions
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essential to ensure that structures are safe, sanitary and fit for occupation and use;
governing 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; to help ensure the protection of the health, safety and the general
welfare of the public; and governing the creation, construction, enlargement, conversion,
alteration, repair, occupancy, use, height, court area, sanitation, ventilation and
maintenance of all buildings and structures within this jurisdiction. The purpose of the
codes adopted herein is not to create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the
terms of these codes.
Section 2. TMC 16.04.020 Amended. Ordinance No. 2171 §1 (part), as codified at
TMC Section 16.04.020, “Codes Adopted,” is amended to read as follows:
16.04.020 Codes Adopted
A. Effective February 1, 2021, the specified editions of the following model codes
are adopted by reference as if fully set forth and as numerated in RCW 19.27:
2018 International Building Code with statewide amendments
ICC/ANSI A117.1-09, Accessible and Usable Buildings and Facilities, with
statewide amendments
2018 International Residential Code with statewide amendments
2018 International Mechanical Code with statewide amendments
2018 International Fuel Gas Code with statewide amendments (part of the
International Mechanical Code (IMC) adoption)
2017 Liquefied Petroleum Gas Code (NFPA 58)
2018 National Fuel Gas Code (NFPA 54) (for LP Gas installation only)
2020 National Electrical Code with statewide amendments
2018 Uniform Plumbing Code with statewide amendments, including Appendices
A, B and I
2018 Washington State Energy Code
2018 International Existing Building Code with statewide amendments found in
the IBC
2018 International Swimming Pool and Spa Code
B. The International Building Code, 2018 Edition, as published by the
International Code Council and as amended and adopted by the State of Washington.
The following amendments are specifically adopted:
1. Work exempt from a building permit. Section 105.2 of the International
Building Code, 2018 Edition, is amended to include provisions regarding the following
work that is exempt from a building permit:
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a. 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.
b. 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.
c. Fences not over 6 feet high.
C. The International Residential Code, 2018 Edition as published by the
International Code Council and as amended and adopted by the State of Washington.
The following amendments are specifically adopted:
1. Work exempt from a building permit. Section R105.2 of the International
Residential Code, 2018 Edition, is amended to include provisions regarding the following
work that is exempt from a building permit:
a. 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.
b. Fences not over 6 feet high.
D. The Uniform Plumbing Code, 2018 Edition, published by the International
Association of Plumbing and Mechanical Officials, as amended and adopted by the State
of Washington. The following amendments are specifically adopted:
1. All reference to and definition of “authority having jurisdiction” is deemed to
refer to and shall mean the City of Tukwila Building Official.
2. 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.
3. 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
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outside the Tukwila sewer district shall be in compliance with that purveyor’s policies and
standards.
E. The Washington Cities Electrical Code. Article 80.3 National Electrical Code:
The 2020 Edition of the National Electrical Code (NFPA 70) is adopted by reference as if
fully set forth.
1. 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.
Section 3. TMC 16.04.030 Restated. Ordinance No. 2171 §1 (part), as codified at
TMC Section 16.04.030, “Filing Copies of State Building Codes,” is amended to read as
follows:
16.04.030 Filing Copies of State Building Codes
The Department of Community Development shall maintain on file not less than one
copy of the codes referred to in TMC Section 16.04.020 and the codes shall be open to
public inspection.
Section 4. TMC 16.04.250 Amended. Ordinance No. 2171 §1 (part), as codified at
TMC Section 16.04.250, “Procedures applicable to all construction permits,” is 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 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 in accordance with the permit fee
schedule adopted by resolution of the City Council.
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 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
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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 and permit applications. All permits issued under the
Washington State adopted codes 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.
Permits shall have an inspection performed in order to continue to be valid for an
additional 180 days. The Building Official may grant a maximum of two permit extensions
for periods not more than 180 days each. It shall be the responsibility of the applicant to
request a permit application extension. The applicant shall request the extension in
writing and demonstrate justifiable cause.
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 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. Owner-occupied residential remodel permits. Owner-occupied residential
remodel permits for projects not exceeding $20,000.00 in valuation are eligible for a flat
fee per the following:
1. The flat fee includes all permit and other associated fees in accordance with
the permit fee schedule adopted by resolution of the City Council.
2. The valuation will be cumulative during a rolling one-year period.
3. All requirements for submittal documents and inspections are as required for
a new house under this section; only the fee is reduced.
4. Projects that exceed the $20,000.00 limit will be subject to the standard
permit fees in accordance with the permit fee schedule adopted by resolution of the City
Council.
H. Appeals. All references to Board of Appeals are 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.
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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 there are
violations of this code, a Notice of Violation 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 8.45.120.A.2.
Section 5. Repealer. Ordinance Nos. 2121, 2402, 2503 and 2539 are hereby
repealed.
Section 6. Repealer. Ordinance No. 2171 §1 (part), as codified at TMC Section
16.04.200, “Adoption of County Ordinance 451,” is hereby repealed to eliminate TMC
Section 16.04.200.
Section 7. Repealer. Ordinance No. 2549 §17, as codified at TMC Section
16.04.250, “Procedures applicable to all construction permits,” subsection I, “Violations,”
is hereby repealed.
Section 8. Repealer. Ordinance No. 2326, as codified at TMC Chapter 16.05, “5-
Story Type V-A Buildings,” is hereby repealed to eliminate TMC Chapter 16.05 in its
entirety.
Section 9. Corrections by City Clerk or Code Reviser Authorized. 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 10. 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 11. 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
February 1, 2021.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this _______ day of ____________________, 2021.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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