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038-19 - Ordinance - Amending Building Code Requirements for Consistency with the State Building CodeoRDTNANCE NO. 038-19 AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASH NGTON, AMEND NG BUILDING CODE REqU REMENTS FOR CONSISTENCY WITH THE STATE BU tD NG coDE; AMENDTNG sEcTtoN 20.200.012 oF THE PORT ORCHARD MUN ctPAL CODE; ADDRESS|NG CERT FTCATE OF OCCUPANCY REqUIREMENTS FOR NEW TENANTS N EXISTING BUILDINGS AND CHANGES N ExtsTtNG TENANCy; pRoVID NG FoR SEVERABILITY; AND ESTABLTSHTNG AN EFFECTTVE DATE. WHEREAS, the Washington State Building Code Council (Code Council) periodically adopts uniform codes of statewide applicability, collectively referred to as the state building code; and WHEREAS, on June 28,201.6, the Code Council voted to adopt the 2015 Edition of the lnternational Building Codes, and the effective date of the 2OL5 edition of the codes is Juty 1, 2016; and WHEREAS, RCW 19.27.042 provides that each county or city in the state of Washington is authorized to amend the state building code as it applies within the jurisdiction of the county or city; and WHEREAS, the purpose of a tenant occupancy permit is to reduce potential hazards caused by fire or structural deficiencies in structures where there are employees or the public enters; and, WHEREAS, a tenant occupancy permit is reviewed for compliance with the city of port Orchard's zoning requirements in POMC Chapter 20; and, WHEREAS, a tenant occupancy permit inspection determines, to the extent possible, that previous tenants have not changed the original structure in violation of the building code; and, WHEREAS, a tenant occupancy permit inspection is necessary to determine that means of egress, fire safety systems, and emergency response access are maintained; and WHEREAS, the tenant occupancy permit inspection verifies fixture count and utility service for purposes of billing for water and sewer services as required by POMC Chapter i.3.04; and, WHEREAS, the City Council finds that the public health, safety, and welfare will be served by adopting a Certificate of Occupancy permit process for new tenants; now, therefore, THE C TY COUNCIL OF THE C TY OF PORT ORCHARD, WASH NGTON, DO ORDA N AS FOLLOWS: Ordinance No. 038-19 Page 2 of 6 SECTION 1. POMC 20.200.012 - Amended. Port Orchard Municipa! Code Section 2O.2OO.OL2is hereby amended to add a new subsection (4) as follows: 20.200.012 Local amendments of lnternational Building code. The lnternational Building Code adopted by reference in this chapter is hereby amended as follows (1) IBC Section LOs.2, entitled "Work exempt from permit," subsection "building:" is hereby amended to read as follows: Building: (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 (11 m2). (2) Fences not over 5 feet high. (3) Oil derricks. (4) Retaining walls which are not over 4 feet (L,2L9 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class l, ll or lll-A liquids. (5) Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exce ed 2to 1. (5) Sidewalks and driveways not morethan 30 inches(762mm) above grade and not over any basement or story below and which are not part of an accessible route. (7) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. (8) Temporary motion picture, television and theater stage sets and scenery. (9) Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section LOL.2, which are less than 24 inches (51,0 mm) deep, do not exceed 5,000 gallons (L8 925 L) and are installed entirely above ground. (10) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. Ordinance No.038-L9 Page 3 ofG (11) Swings and other playground equipment accessory to detached one- and two- family dwellings. (L2l Window awnings supported by an exterior wall which do not project more than 54 inches (L372 mm) from the exterior wall and do not require additiona! support of Group R-3, as applicable in Section LOL.Z, and Group U occupancies. (13) Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (7753 mm) in height. (2) IBC Subsection 105.5, entitled "Expiration:' is hereby amended to read as follows: 105.5 Expiration. A. Every permit issued shall become invalid untess the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shatl be requested in writing and justifiable cause demonstrated. B. Notwithstanding the above, if the City has issued a Stormwater Management Permlt (or site development activity permit (SDAP) under Chapter 20.150 POMC) and building permit for water, wastewater, stormwater, or street improvement structures or fixtures, then the building permit shall expire concurrent with and under the same terms as set forth in Chapter 20.L50 POMC as the issued Stormwater Management Permit. (3) IBC Section 109, entitled "Fees," is hereby amended to add the following new subsection LOg.7 as follows: The Building Officia! is authorized to waive the Permit Fee and Plan Review specified in the lnternational Building Code and in the Uniform Plumbing Code upon satisfaction of the fotlowing conditions: (1) The permit is for a residential unit of an owner/occupier who is 60 years or older with a maximum annual income, together with all persons in the household, below the poverty line as established by the Office of Management and Budget in Washington D.C. Ordinance No. 038-19 Page 4of 6 (2) The work is for essential repairs and improvements, such as insulation, weatherization, roof repairs, structural repairs or essential plumbing repairs. (3) The owner/occupant of the home completes a form supplied by the Building Official requesting exception from the Building Permit Fees. (4) !BC Subsection 111.1, entitled "Use and Occupancy," is hereby amended to read as follows: 1,1,L.L Use and Occupancy A. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. lssuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2 B. When a building is constructed with future tenant spaces to be finished or occupied at a later date, a shell only certificate of occupancy shall be issued. A separate tenant improvement permit is required for each tenant space prior to any tenant occupancy. C. A certificate of occupancy shall be required prior to occupancy when there is a change in tenant whether or not construction or alterations are performed or proposed and regardless of the use or occupancy classification. Exceptions: 1. R-3 occupancies. 2. Group U occupancies. 3. lndividual dwelling units of R-1 and R-2 occupancies 4. lndividual rental units of mini-storage buildings with S occupancy classification. 5. A second business in the same location as another tenant with the same use classification which already has a Certificate of Occupancy for the space. Ordinance No. 038-19 Page 5 of 6 6. lndividual business license holders within a space with a current Certificate of Occupancy. 7. A business that changes ownership but does not change location, business name, use, or make any structural changes. The new owner is required to provide ownership and business license information to the Department of Community Development Permit center. An updated certificate will be issued to the new owner. 8. A business that changes its name but does not change location, ownership, use, or make any structural changes. The owner is required to provide updated business Iicense information showing the name change to the Department of Community Development Permit Center. An updated certificate wil! be issued with the new business name. D. When a Certificate of Occupancy is required, or a business's ownership or name is changed, an application shal! be submitted to the Department of Community Development Permit Center using the applicable city form, along with supporting documentation as required. The fee shall be as adopted under the city's current fee schedule resolution. SECTION 2. Severability. lf any section, subsection, paragraph, sentence, clause, or phrase of the Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 3. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by state Law. PASSED by the City Council of the City of Port Orchard, APPROVED, by the Mayor and attested by the Clerk in authentication of such passage this 24th day of September 20i.9. Rob Puta suu, Mayor ATTEST: B tn , MMC, City Clerk Ordinance No. 038-19 Page 5 of 6 APPROVED AS TO FORM: Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Scott Diener, Councilmember October 4,20L9 October 9,20L9 <- NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held September 24, 2019. ORDINANCE NO. 038-19 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING BUILDING CODE REQUIREMENTS FOR CONSISTENCY WITH THE STATE BUILDING CODE; AMENDING SECTION 20.200.012 OF THE PORT ORCHARD MUNICIPAL CODE; ADDRESSING CERTIFICATE OF OCCUPANCY REQUIREMENTS FOR NEW TENANTS IN EXISTING BUILDINGS AND CHANGES IN EXISTING TENANCY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Copies of Ordinance No. 038-19 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 038-19 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, October 4, 2019