HomeMy WebLinkAboutCAP 2013-07-22 Item 2B - Ordinance - 2012 International Property Maintenance CodeCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Jack Pace, Community Development Department Director
BY: Bob Benedicto, Building Official
Kathy Stetson, Code Enforcement Officer
DATE: July 8, 2013
SUBJECT: International Property Maintenance Code, 2012 edition
ISSUE
Should the City adopt the 2012 International Property Maintenance Code as the property
maintenance and housing code for the City?
BACKGROUND
In 2004, the City first adopted the 2003 edition of the International Property Maintenance Code
as the housing and property maintenance code for the City, replacing the Uniform Housing
Code in use at the time. The IPMC was part of the monumental undertaking by the International
Code Council to standardize and coordinate building, fire, mechanical, plumbing and property
maintenance codes across the United States and represented a significant change.
The IPMC is used by Code Enforcement to establish standards for conditions on private
property. It addresses exterior property conditions, interior structure conditions and is the basis
for the rental housing inspection criteria. It has proven to be an excellent and easily understood
tool to effectively deal with property maintenance issues.
DISCUSSION
Over the years the IPMC has been revised several times. In 2010 the City adopted the 2009
edition. The 2012 edition has now been published and this proposal is to adopt that new edition
with a few additions and deletions, most of which are simply customizing the code to our City.
As we did for the 2009 edition, we are proposing new language in Chapter 4, clarifying that a
dwelling unit specifically requires a kitchen sink, cooking appliances and refrigeration facilities.
Although this is implied as part of the "dwelling unit" definition in section 202, we felt it was
important to be very clear on this point, especially as it pertains to rental housing inspections.
When the 2009 edition of the IPMC was adopted, it was erroneously placed in TMC Chapter 16,
along with the other International codes adopted at the same time. At that time the reference to
the 2003 edition, located in TMC 8.28.020 was not properly repealed, causing a conflict in our
code. We are clearing this discrepancy at this time by removing it from Chapter 16 and putting
it back Chapter 8.28 (Nuisances), where it more properly belongs.
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INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
None
RECOMMENDATION
The Council is being asked to approve the ordinance to adopt the 2012 International Property
Maintenance Code and consider this item at the August 12, 2013 Committee of the Whole
meeting and subsequent August 19, 2013 Regular Meeting.
ATTACHMENTS
Ordinance in draft form
W:12013 Info Memos- Counci112012 IPMC ordinance InfoMemo.docx
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE 2012 EDITION
OF THE INTERNATIONAL PROPERTY MAINTENANCE
CODE; REPEALING ORDINANCE NO. 2057; REPEALING
ORDINANCE NO. 2402 §2 (PART), AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 16.04.020,
SUBPARAGRAPH 7; 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 2012 edition of the International Property
Maintenance Code 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; 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. International Property Maintenance Code Adopted. Tukwila
Municipal Code (TMC) Section 8.28.020, is re- enacted 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
2-003-2012 edition of the International Property Maintenance Code ("IPMC"), as published
by the International Code Council and as amended in TMC Section 8.28.020.B, to be the
Property Maintenance Code of the City of Tukwila. Three copies of the adopted IPMC are
on file in the office of the City Clerk of the City of Tukwila, and have been marked and
designated as such.
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B. The City of Tukwila hereby adopts the following changes to the IPMC as adopted
in TMC Section 8.28.020.A:
1: IPMC Section 101.1 shall reflect that the name of the jurisdiction is the City of
Tukwila.
2. The last sentence of IPMC Section 102.3 (Application of other codes) is
hereby deleted in its entirety. IPMC Section 102.3 shall now read as follows:
32. IPMC Section 103.5 (Fees) is hereby repealed in its entirety.
43. IPMC Section 111 (Means of Appeal) is hereby repealed in its entirety. Any
person directly affected by a decision of the code official or a notice or order or a civil
citation 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.
54. IPMC Section 112.4 (Failure to comply) is hereby repealed in its entirety.
Enforcement shall be according to TMC Chapter 8.45.
follows:
5. The following definitions shall be added to IPMC Section 202 (Definitions) as
"Department of Property Maintenance" is deemed to refer to "Code
Enforcement DivisionSection."
"Code Official" is deemed to refer to "Building Official."
The remainder of IPMC Section 202 shall remain in effect as currently
adapted,
6. The first sentence of IPMC Section 302.4 (Weeds) is hereby amended to
read as follows:
All premises and exterior property shall be maintained free from
weeds or plant growth in excess of 24 inches.
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The remainder of IPMC Section 302.4 shall remain in effect as currently adopted.
7. The first sentence of IPMC Section 303.2 (Enclosures) 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 at least 60 inches (1219 mm) in
height above the finished ground level measured on the side of
the barrier away from the pool.
The remainder of IPMC Section 303.2 shall remain in effect as currently adopted.
8. References to "ICC Electrical Code," "International Plumbing Code" and
"International Zoning Code" that appear in the index of Chapter 8 (Referenced Standards)
shall be deleted.
9. The first sentence of IPMC Section 304.14 (Insect screens) is hereby
amended to read as follows:
adopted.
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 than 16 mesh per inch (16 mesh per
24 mm) and every swinging screen door used for insect control
shall have a self - closing device in good working condition.
The remainder of IPMC Section 304.14 shall remain in effect as currently
10. A new section is hereby added as follows:
404.8 Dwelling Unit. Every dwelling unit as defined in Section 202 and
pursuant to Section 404.7 shall be provided with a kitchen sink, cooking
appliances, and refrigeration facilities, with a minimum clear passageway of
36 inches (914 mm) between counterfronts and appliances or counterfronts
and walls. Light and ventilation conforming to this code shall be provided.
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4011. The first sentence of IPMC Section 602.3 (Heat supply) is hereby amended
to read as follows:
Every owner and operator of any building who rents, leases or
lets one or more dwelling units fe011141113— 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° (20 °C) in all habitable rooms,
bathrooms, and toilet rooms.
The remainder of IPMC Section 602.3 shall remain in effect as currently adopted.
1412. The first sentence of IPMC Section 602.4 (Occupiable Work Spaces) 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.
Section 2. Repealer. Ordinance No. 2057 is hereby repealed.
Section 3. Repealer. Ordinance No. 2402, as codified at TMC Section 16.04.020,
subparagraph 7, "The International Property Maintenance Code, 2009 Edition" (an
outdated reference), is hereby repealed.
Section 4. 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 5. 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 6. 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.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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