013-23 - Ordinance - Building Code UpdateDocuSign Envelope ID: 06BOOD4B-A5D6-4A80-AE06-9E1377532C85
ORDINANCE NO. 013-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.200, CITY CONSTRUCTION CODE, OF THE PORT
ORCHARD MUNICIPAL CODE TO CONFORM WITH UPDATES TO THE STATE
BUILDING CODE UNDER CHAPTER 19.27 OF THE REVISED CODE OF
WASHINGTON AND THE REVISED WASHINGTON STATE BUILDING CODE
ACT; ADOPTING THE CURRENT STATE BUILDING CODES; PROVIDING FOR
SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Washington State Building Code Council (Code Council) periodically
recommends and adopts uniform codes of statewide applicability, collectively referred to as the
State Building Code; and
WHEREAS, the Washington state legislature has updated Chapter 19.27 of the Revised
Code of Washington (RCW), the Washington State Building Code Act, to adopt the 2021
versions of the State Building Code, effective July 1, 2023; and
WHEREAS, the City of Port Orchard (the "City") has adopted by reference the State
Building Codes as required by state law, to locally enforce said rules for the health, safety, and
welfare of the public; and
WHEREAS, Chapter 20.200 City Construction Code of the Port Orchard Municipal Code
(POMC) will not conform to the State Building Code and RCW 19.27 after July 1, 2023 without
amendment; and
WHEREAS, the City Council wishes to update sections in Chapter 20.200 of the POMC so
that Title 20 of the POMC is consistent with the State Building Code and RCW 19.27, as updated
effective July 1, 2023; and
WHEREAS, the SEPA Responsible Official for the City determined that adoption of this
ordinance is categorically exempt from environmental review as a procedural action under
WAC 197-11-800(20); now therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Amendment of POMC 20.200.008 State Building Code, Adopted. Port Orchard
Municipal Code Section 20.200.008 is hereby amended to read as follows:
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Ordinance No. 013-23
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Pursuant to RCW 35A.12.140, the city of Port Orchard hereby adopts the following codes of
technical compliance by reference, which are incorporated herein; provided, that the amendments,
deletions, and additions thereto as provided in this chapter shall govern over the published
provisions of the respective adopted code:
(1) The 2021 Edition of the International Building Code as published bythe International Code
Council (ICC), including Appendix E, as adopted and amended by the Washington State Building
Code Council (WSBCC) in WAC 51-50-003, is hereby adopted by reference. Additionally, Appendix B
of the 2021 International Building Code is adopted by reference by the city of Port Orchard;
(2) The 2021 Edition of the International Residential Code as published by the ICC and as
adopted and amended by the WSBCC in WAC 51-51-003. Additionally, Appendix M of the
International Residential Code is adopted by reference by the city of Port Orchard;
(3) The 2021 Edition of the International Mechanical Code, as published by the ICC, as adopted
and amended by the WSBCC in WAC 51-52-003, is hereby adopted by reference by the city of Port
Orchard;
(4) The 2021 Edition of the International Fire Code, as published by the ICC, as adopted by the
WSBCC in Chapter 51-54A WAC, is hereby adopted by reference. Additionally, Appendix B of the
International Fire Code is adopted by reference by the city of Port Orchard and portions of
Appendix D are adopted as shown in POMC 20.200.0161
(5) The 2021 Edition of the Wildland Urban -Interface Code as published bythe ICC, as adopted
by the WSBCC in Chapter 51-55 WAC, is hereby adopted by reference.
(6) The 2021 Edition of the Uniform Plumbing Code, as published by the International
Association of Plumbing and Mechanical Officials, and as adopted and amended by the WSBCC in
WAC 51-56-003, is hereby adopted by reference;
(7) The 2021 Edition of the International Energy Conservation Code, Commercial, as adopted
and amended by the Washington State Building Code Council in Chapter 51-11C WAC;
(8) The 2021 Edition of the International Energy Conservation Code, Residential, as adopted and
amended by the Washington State Building Code Council in Chapter 51-11R WAC;
(9) The 2021 edition of the International Property Maintenance Code, as published bythe ICC;
and
(10) The 1997 Edition of the Uniform Code forthe Abatement of Dangerous Buildings together
with the appendices, as published by the International Conference of Building Officials, is hereby
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Ordinance No. 013-23
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adopted, except that references to the uniform codes shall be replaced with the appropriate
technical codes and sections as adopted by the city.
A copy of the codes referenced herein shall be kept on file with the city clerk.
SECTION 2. Amendment of POMC 20.200.018, Appeals. Port Orchard Municipal Code
Section 20.200.018 is hereby amended to read as follows:
Whenever the fire code authority shall disapprove an application or refuse to grant a permit
applied for, or when it is claimed that the provisions of the codes do not apply or that the true
intent and meaning of the codes have been misconstrued or wrongly interpreted, the applicant
may appeal from the decision within 30 days from the date of the decision in accordance with
Section 113 of the 2021 Edition of the International Fire Code, as adopted herein.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 4. Corrections. Upon approval of the city attorney, the city clerk and the
codifiers of this ordinance are authorized to make necessary technical corrections to this
ordinance, including, without limitation, the correction of clerical errors; references to other
local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION 5. Effective Date. This ordinance shall be in full force five days after posting
and publication, provided following publication the amendments to the POMC set forth herein
shall be effective July 1, 2023. A summary of this ordinance may be published in lieu of
publishing the ordinance in its entirety.
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 23rd day of May 2023.
DocuSigned by:
je6btY - �u vain suu
Robert Putaansuu, Mayor
ATTEST:
EDocuSigned by:
46ASA54�P�h'dy Rinearson, MMC, City Clerk
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Ordinance No. 013-23
APPROVED AS TO FORM ONLY:
EDocuSigned by:
Qv�rl Z
fl.otte A. Archer, City Attorney
PUBLISHED: May 26, 2023
EFFECTIVE: July 1, 2023
SPONSOR:
Scott Diener, Councilmember
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