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HomeMy WebLinkAboutOrd 1842 - 1997 Washington State Building Code (Repealed by Ord 2121) J �vlILA Ji :O Q t cP 2 1908 n bu Tuk f it o y Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 1393, 1547, 1630, 1671 (SECTION 9), AND 1740; AMENDING CHAPTER 16.04 OF THE TUKWILA MUNICIPAL CODE, TO ADOPT THE 1997 WASHINGTON STATE BUILDING CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is required to adopt the State of Washington State Building Code as amended by the State Building Code Council pursuant to RCW 19.27.031; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 1393, 1547, 1630, 1671 (Section 9), and 1740 are hereby repealed. Section 2. Amending Tukwila Municipal Code Chapter 16.04, Building Code. Tukwila Municipal Code Chapter 16.04, Building Code, is hereby amended to read as follows: Chapter 16.04 BUILDING CODE Sections: 16.04.010 Purpose of chapter. 16.04.030 Uniform codes adopted. 16.04.040 Filing of copies of uniform codes. 16.04.050 Compliance with other regulations as prerequisite for building permits. 16.04.100 Building moving and demolition permits. 16.04.110 Application for relocation /demolition permit. 16.04.120 Correction of defects before issuance of permit. 16.04 130 Terms and conditions of issuance. 16.04.140 Application fee. 16.04.150 Debris and excavations. 16.04.160 Expiration. 16.04.170 Relocation bond Required 16.04.180 Relocation bond Conditions. 16.04.190 Relocation bond Default in performance of conditions. 16.04.200 Relocation bond Refund of surplus on termination. 16.04.210 Washington State Energy Code adopted. 16.04.220 Additional requirements for security devices. 16.04.230 Definitions. 16.04.240 Enforcement Right of entry. 16.04.250 Adoption of County Ordinance 451. 16.04.260 Adoption of County health regulations. 16.04.270 Enforcement officer designated. 16.04.280 Fee payment. 16.04.290 Abatement of dangerous buildings by City. BC16- 04.DOC 611111998 1 16.04.010 Purpose of chapter. This chapter is enacted for the purpose of adopting rules and regulations for the protection of the health, safety and general welfare of the public 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. 16.04.030 Uniform codes adopted. Effective July 1, 1998, the following codes are adopted by reference as if fully set forth: 1. The Uniform Building Code 1997 Edition, including Appendix Chapters: 3, Division II (Agricultural Buildings); 12, Division II (Sound Transmission Control); 15 (Reroofing); 31, Division II (Membrane Structures); 31, Division III (Patio Covers); and standards hereto as published by the International Conference of Building Officials and as adopted by the State of Washington in Chapter 51 -40 WAC. a. Section 103 of the Uniform Building Code, 1997 Edition, is amended to include: "The violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of TMC Chapter 8.45." b. Appendix Chapter 15 of the Uniform Building Code, 1997 Edition, is amended to exclude Group R, Division 3, single family dwellings. A building permit will not be required for reroofing single family residences. 2. The Uniform Plumbing Code and the Uniform Plumbing Code Standards 1997 Edition, published by the International Association of Plumbing and Mechanical Officials, and as adopted by the State of Washington in Chapters 51 -46 and 51 -47 WAC, and as adopted or amended by King County, which King County Code is hereby included by reference. The Seattle -King County Plumbing Board of Appeals is hereby authorized to hear and determine all matters subject to appeal as specified in such Code. 3. The Uniform Mechanical Code, 1997 Edition, as published by the International Conference of Building Officials and as adopted by the State of Washington in Chapter 51 -42 WAC. 4. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Conference of Building Officials. 5. The 1997 Washington State Energy Code (Chapter 51 -11 WAC). 6. The Washington State Ventilation and Indoor Air Quality Code (Fourth Edition). 16.04.040 Filing of copies of uniform codes. The City Clerk of the City shall maintain on file not less than one copy of the codes referred to in TMC 16.04.030 and 16.04.210, and the codes shall be open to public inspection. 16.04.050 Compliance with other regulations as prerequisite for building permits. No building permit shall be issued if the construction authorized by the permit will violate any existing applicable law or City ordinance. 16.04.100 Building, moving and demolition permits. A. No person shall move any existing building or structure within or into the City without first obtaining from the Building Division a relocation permit and a building permit. No person shall effect any demolition of any building or structure or any part thereof which is not exempted by Section 106.2 of the Uniform Building Code without first obtaining from the Building Division a demolition permit. B. Except as otherwise provided in this section, there shall not be issued a relocation permit for any building or structure which is included within any one or more of the following categories: 1. So constructed or in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects, and electrical wiring or other substantial hazard to the persons who occupy or enter said building after relocation; insects; 2. Infested with rats or other vermin, or the wood members of which are infested with rot, decay or BC16- 04.DOC 6/11/1998 2 3. So unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy said building after relocation, or, if not intended for occupancy by human beings, would make it unsuitable for its intended use; 4. In such condition or of a type, character, size or value, and is so inharmonious with other buildings in the neighborhood of the relocation site that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements in the district into which the building is to be relocated; 5. The proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of this City; 6. The building, structure or relocation site does not conform to all applicable provisions of law or ordinance. 16.04.110 Application for relocation /demolition permit. Every application for a relocation /demolition permit shall be in writing upon a form furnished by the Building Division, and shall set forth such information as may reasonably be required in order to carry out the purposes of this chapter. Such information may include: 1. Pre -move inspection and investigation of the structure by the Building Division; 2. Photographs of the building or structure to be moved and /or demolished; 3. Report from a licensed pest control contractor stating the condition of the building as to pest infestation; 4. Report from a registered engineer or architect stating the structural condition of the building, and clearly indicating the steps to be taken to preserve /enhance said condition; 16.04.120 Correction of defects before issuance of permit. A. If the building or structure to be moved fails to meet any of the standards set forth in TMC 16.04.100, but it appears to the Building Official that the deficiencies can be corrected, the permits shall be issued only on condition that all deficiencies be corrected prior to the building being used or occupied. B. In order to determine any matter regarding relocation of a building or structure, the Building Official may cause any investigation to be made which he believes necessary. 16.04.130 Terms and conditions of issuance. A. In granting a relocation permit, the Building Official may impose such terms and conditions as are necessary, in the opinion of the Building Official, to ensure that its relocation will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which the building is to be moved, including, but not limited to, changes, alterations, additions or repairs to the building or structure. B. A separate foundation permit, good for 90 days, must be applied for, and approved, prior to issuance of the relocation permit. 16.04.140 Application fee. The fee for relocation investigation service shall be a $25.00 base fee, plus $15 for every 10 miles distance, or increment thereof, outside city limits. In the event a building permit is issued for a relocated building, the fees for the building permit and plan review shall be based upon the total value of the building or structure at its relocated site, using the same valuation formula as used for new residential construction. 16.04.150 Debris and excavations. A. It shall be the duty of any person to whom any permit is issued for the demolition or removal of any building or any section or portion of any building pursuant to the provisions of this chapter, and of any person leasing, owning, or occupying or controlling any lot or parcel of ground from which a building is removed or demolished, to remove all demolition rubble and loose miscellaneous material from such lot or parcel of ground, to properly cap the sanitary sewer connections, and to properly fill or otherwise protect all basements, cellars, septic tanks, wells and other excavations. BC16- 04.DOC 6/11/1998 3 B. An inspection after the work is completed will be required. 16.04.160 Expiration. A relocation permit shall expire and become null and void if the moving of the building or structure onto a permanent foundation is not completed within 90 days from the date of issuance of the permit. 16.04.170 Relocation bond Required. No relocation permit required by this chapter shall be issued by the Building Division unless the applicant therefor first posts a bond, in a form approved by the City Attorney, executed by the owner of the premises where the building or structure is to be located as principal, and a surety company authorized to do business in the State as surety. The bond shall be in form joint and several, shall name the City as obligee, and shall be in an amount equal to the cost plus 10% of the work required to be done in order to comply with all the conditions of such relocation permit as such cost is established by the Building Official. In lieu of a surety bond, the applicant may post a bond executed by the owner as principal and which is secured by a deposit in cash in the amount specified above with a banking or escrow agent acceptable to the City, and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter call a "cash bond" for the purposes of this chapter. 16.04.180 Relocation bond Conditions. Every bond posted pursuant to this chapter shall be conditioned as follows: 1. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official; 2. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within 90 days after the date said building is moved to the new location. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient cause by the Building Official. No such extension of time shall be valid unless written, and no such extension shall release any surety upon any bond. 16.04.190 Relocation bond Default in performance of conditions. A. Whenever the Building Official finds that a default has occurred in the performance of any term or condition of any permit required by this section, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the City the full amount of the approved bond. Upon receipt of such funds, the Building Official shall proceed by such mode as he deems convenient to cause the building or structure to be demolished and to clear, clean and restore the site to a natural condition, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor. B. When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, to demolish the building or structure and to clear, clean and restore the site to a natural condition. 16.04.200 Relocation bond Refund of surplus on termination. The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the relocation permit required by this section and release of the bond by the Building Official. Such completion and release shall be evidenced by a statement thereof signed by the Building Official, a copy of which will be sent to the surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or his successors or assignees upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in the chapter provided. 16.04.210 Washington State Energy Code Adopted. The Washington State Energy Code, Chapter 51 -11 WAC, and all amendments thereto, is hereby adopted by this reference as if fully set forth. BC16- 04.DOC 6/11/1998 4 16.04.220 Additional requirements for security devices. The following requirements shall apply to all apartment houses, hotels, and motels, provided that nothing in this chapter shall be construed to relieve any party from compliance with the Uniform Building Code and the Uniform Fire Code: 1. Entrance doors to individual housing units shall be without glass openings and shall be capable of resisting forcible entry equal to a wood, solid core door, 1 -3/4 inches thick. This subsection shall apply in a structure constructed after the effective date of the ordinance codified in this chapter. Any door replaced in existing structures must comply with this section. 2. Every entrance door to an individual housing unit shall have a keyed, single- cylinder, 1 -inch deadbolt lock. The lock shall be so constructed that the deadbolt lock may be opened from inside without use of a key. In hotels and motels every entrance door to an individual unit shall also be provided with a chain door guard or barrel bolt on the inside. 3. Housing unit to interior corridor doors shall have a visitor observation port, which port shall not be in excess of 1/2 -inch in diameter. 4. In all apartment houses as defined in TMC 16.04.230, lock mechanisms and keys shall be changed upon a change of tenancy. 5. All exit doors shall be openable from the interior without the use of a key or any special knowledge or effort. 6. Deadbolts or other approved locking devices shall be provided on all sliding patio doors which are less than one story above grade or are otherwise accessible from the outside. The lock shall be installed so that the mounting screws for the lock cases are inaccessible from the outside. 7. Subject to approval by the Chief of Police, locking devices may be substituted for those required in this section, provided such devices are of equal capability to resist illegal entry, and further provided that the installation of the same does not conflict with other requirements of this code and other ordinances regulating safety for exit. 16.04.230 Definitions. For the purpose of TMC 16.04.220 through 16.04.240, the following definitions shall apply: 1. "Apartment house" means any building, or portions thereof which contains three or more dwelling units and, for the purpose of this code, includes residential condominiums. 2. "Hotel" means any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests. 3. "Motel" means hotel as defined in this section. 16.04.240 Enforcement Right of entry. The Building Official is authorized and directed to enforce the provisions of TMC 16.04.220 through 16.04.240 for all new construction. The Chief of Police is authorized and directed to enforce the provisions of TMC 16.04.220 through 16.04.240 for all existing buildings or premises, and upon presentation of proper credentials, the Chief of Police or his duly authorized representative may, with the consent of the occupant or pursuant to a lawfully issued warrant, enter at reasonable times any building or premises for the purposes of inspecting the physical security of exterior accessible openings of such building or premises. 16.04.250 Adoption of County Ordinance 451. King County Ordinance 451 entitled "An ordinance relating to and regulating the design, construction, equipping, operation, maintenance of spray and wading pools, public and semi public swimming pools; requiring plans and permits establishing a swimming pool advisory committee; defining offenses and providing penalties," one copy of which is filed with the City Clerk for use and examination by the public, is adopted by reference as an ordinance of the City of Tukwila. BC16- 04.DOC 6/11/1998 5 16.04.260 Adoption of County health regulations. Seattle -King County Department of Public Health rules and regulations for construction, maintenance and operation of swimming pools, one copy of which is filed with the City Clerk for use and examination by the public, are adopted by reference as Tukwila's rules and regulations. 16.04.270 Enforcement officer designated. The director of the Seattle -King County Department of Public Health or his authorized representative is designated as the enforcement officer of TMC 16.04.250 through 16.04.280. 16.04.280 Fee payment. Any fees to be paid under TMC 16.04.250 through 16.04.280 shall be collected by, paid directly to, and retained by the Seattle -King County Public Health Department. 16.04.290 Abatement of dangerous buildings by City. A. The City Council may, upon approval and passage of an appropriate resolution or ordinance, direct the Mayor or designated representative to abate a dangerous building as determined by the provisions of this chapter, and such dangerous building may be abated by City personnel or by private contractor under the direction and pursuant to the order of the Planning Director or designated representative. B. The City Council shall appropriate sufficient funds to cover the cost of such repair or demolition work. The costs incurred by the City in any such abatement proceedings shall be recovered by special assessment against the real property involved and shall constitute a lien as provided by law, and particular reference being made to RCW 35.80.030. C. Nothing in this section shall be construed to abrogate or impair the power of the City or any department thereof to enforce any provision of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and any powers conferred by this section shall be in addition to and supplemental to powers conferred by other laws; nor shall this section be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement by summary proceedings, or in any manner provided by law. Section 3. 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 4. 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 five (5) days after passage and publication as provided by law. PASSED BY THE ITY COUNCIL thereof this day of ATTEST /AUTHENTICATED: Cantu, City Clerk APPROVED AS FORM: By Of of the City ,Corney THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting 1998. (1,( W. Rants, Mayor FILED WITH THE CITY CLERK: 4 --1/ -9 g PASSED BY THE CITY COUNCIL: 6 g PUBLISHED: fo EFFECTIVE DATE: 1 ,14Z- 7e ORDINANCE NO.: BC16- 04.DOC 6/11/1998 6 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. /k /oz AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 1393, 1547, 1630, 1671 (SECTION 9), AND 1740; AMENDING CHAPTER 16.04 OF THE TUKWILA MUNICIPAL CODE, TO ADOPT THE 1997 WASHINGTON STATE BUILDING CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On 519' the City Council of the City of Tukwila passed Ordinance No. 4" amending Chapter 16.04 of the Tukwila Municipal Code, to adopt the 1997 Washington State Building Code as amended by the State Building Code Council pursuant to RCW 19.27.031; repealing Ordinance Nos. 1393, 1547, 1630, 1671 (Section 9), and 1740; providing for severability and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of ll Published Seattle Times: fp I Q Jane E antu, City Clerk