028-23 - Ordinance - Building CodesDocuSign Envelope ID: 12F920B7-10FE-4863-907C-CAA7978D900F
ORDINANCE NO. 028-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING ORDINANCE NO. 013-23, AS PREVOIUSLY AMENDED BY
ORDINANCE NO. 015-23, 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; and
WHEREAS, by Ordinance No. 013-23, the City of Port Orchard 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, with an effective date of July 1, 2023, consistent with state direction at
the time of adoption; and
WHEREAS, following the adoption of Ordinance No. 013-23, the State Building Code Council
exercised its delegated authority to delay the implementation of the State Building Code, and
accordingly the City Council authorized Ordinance No. 015-23, setting a new effective date of
October 29, 2023, consistent with state direction at that time; and
WHEREAS, since the adoption of Ordinance No. 015-23, the State Building Code Council has
again delayed the implementation of the State Building Code by an additional 1390 days, until
March 15, 2024; and
WHEREAS, the City Council wishes to amend Ordinance No. 013-23, as amended by
Ordinance No. 015-23, to further extend the effective date concurrent with the action by the State
Building Code Council; 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:
DocuSign Envelope ID: 12F920B7-10FE-4863-907C-CAA7978D900F
Ordinance No. 028-23
Page 2 of 2
SECTION 1. Amendment. Section 5 of Ordinance No. 013-23, as previously amended by
Ordinance No. 015-23, is hereby amended to read as follows:
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
March 15, 2024.
SECTION 2. 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 3. 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 4. Effective Date. This ordinance shall be in full force five days after posting and
publication. A summary of this ordinance may be published in lieu of publishingthe ordinance in its
entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor Pro -Tern
and attested by the Clerk in authentication of such passage this 10th day of October 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM ONLY:
DocuSigned by:
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Charlotte A. Archer, City Attorney
PUBLISHED DATE: October 13. 2023
EFFECTIVE DATE: October 18, 2023
DocuSiI-Mv-v,
gned by:
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Mark Trenary, Mayor Pro -Tern
SPONSOR:
Scott Diener, Councilmember
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