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017-16 - Ordinance - Amending Chapters 15.04 Building Code and 15.12 Fire Prevention CodeORDINANCE NO. 017-16 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING AND ADDING NEW SECTIONS TO CHAPTERS 15.04, BUILDING CODE, AND 15.12, FIRE PREVENTION 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, 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 adopts uniform codes of statewide applicability, collectively referred to as the State Building Code; and WHEREAS, the state has updated Chapter 19.27 of the Revised Code of Washington (RCW), the Washington State Building Code Act, to adopt the 2015 versions of the State Building Code, effective July 1, 2016; and WHEREAS, the City of Port Orchard (the "City") has adopted by reference the State Building Codes as required by state law and to locally enforce said rules for the health, safety, and welfare of the public; and WHEREAS, Chapters 15.04, Building Codes, and 15.12, Fire Prevention Code, of the Port Orchard Municipal Code (POMC) will not conform to the State Building Code and RCW 19.27 after July 1, 2016; and WHEREAS, the city council wishes to update sections in Chapters 15.04 and 15.12 of the POMC so that Title 15 of the POMC is consistent with the State Building Code and RCW 19.27 effective July 1, 2016; and WHEREAS, the SEPA Responsible Official for the city determined that adoption of this ordinance is categorically exempt 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. POMC 15.04.010 Amended. Port Orchard Municipal Code Section 15.04.010 is hereby amended and replaced in its entirety to read as follows: 15.04.010 Building codes adopted by reference. Ordinance No. 017-16 Page 2 of 8 The City of Port Orchard hereby adopts the following codes 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) International Building Code. The 2015 edition of the International Building Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-50 WAC. (a) The following appendices of the International Building Code are specifically adopted in their entirety: (i) Appendix B (ii) Appendix E: Supplementary Accessibility Requirements; and (iii) Appendix F. (b) The following chapter of the international Building Code is specifically excluded in its entirety: (i) Chapter 11: Accessibility. (2) International Residential Code. The 2015 edition of the International Residential Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-51 WAC. (a) The following appendices of the International Residential Code are specifically adopted in their entirety: (i) Appendix H; and (ii) Appendix M. (b) The following chapter of the International Residential Code is specifically excluded in its entirety: (i) Chapter 41: Appliance Installation (ii) Chapter 42: Swimming Pools. (3) International Mechanical Code. The 2015 edition of the International Mechanical Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-52 WAC. Ordinance No. 017-16 Page 3 of 8 (a) The following appendices of the International Mechanical Code are specifically adopted in their entirety: (i) Appendix A; (4) International Fuel Gas Code. The 2015 edition of the International Fuel Gas Code published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-52 WAC. (5) Uniform Plumbing Code. Except as provided in RCW 19.27.170, the 2015 edition of the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, as adopted by the Washington State Building Code Council in Chapters 51-56 and 51-57 WAC. (6) Accessibility. Except as provided in the rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160, the 2009 edition of the ICC A117.1-2009 Standard, Accessible and Usable Buildings and Facilities. (7) The Washington State Energy Code. The 2015 International Energy Conservation Code/Washington State Energy Codefor Commercial and Residential as amended and adopted in Chapter 51-11 WAC. (8) Uniform Code for Abatement of Dangerous Buildings. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings together with the appendices, as published by the International Conference of Building Officials, is hereby 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 code referenced herein is on file with the city clerk. SECTION 2. New Section 15.04.011 POMC. A new Section 15.04.011 of the Port Orchard Municipal Code Section is hereby adopted to read as follows: 15.04.011 Local amendments of International Building Code. The International Building Code adopted by reference in this chapter is hereby amended as follows: Ordinance No. 017-16 Page 4 of 8 (1) IBC Section 105.2, entitled "Work exempt from permit" is hereby amended to read as follows: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: (1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2). (2) Fences not over 6 feet high. (3) Oil derricks. (4) Retaining walls which are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II 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 exceed 2 to 1. (6) Sidewalks and driveways not more than 30 inches (762 mm) 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 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground. Ordinance No. 017-16 Page 5 of 8 (10) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. (11) Swings and other playground equipment accessory to detached one- and two-family dwellings. (12) Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies. (13) Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. (2) IBC Sub-section 105.5, entitled "Expiration" is hereby amended to read as follows: 105.5 Expiration. A. Every permit issued shall become invalid unless 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 shall be requested in writing and justifiable cause demonstrated. B. Notwithstanding the above, if the City has issued a Storm Water Management Permit (or site development activity permit (SDAP) under POMC Section 15.32.030) 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 POMC Section 15.32.030 as the issued Storm Water Management Permit. (3) IBC Section 109, entitled "Fees", is hereby amended to add the following new subsection 109.7 as follows: The Building Official is authorized to waive the Permit Fee and Plan Review specified in the International Building Code and in the Uniform Plumbing Code upon satisfaction of the following conditions: Ordinance No. 017-16 Page 6 of 8 (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 & Budget in Washington D.C. (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. SECTION 3. New Section 15.04.012 POMC. A new Section 15.04.012 of the Port Orchard Municipal Code is hereby adopted to read as follows: 15.04.012 Local amendments of International Residential Code. The International Residential Code adopted by reference in this chapter is hereby amended as follows: (1) IRC Section 105.2, entitled "Work exempt from permit" is hereby amended by adding a new line numbered 11 under "Building" as follows: (11) Roof covering replacement (re-roofing) provided the roof area does not exceed 2100 square feet (21 squares) and further provided the existing sheathing remains in place and no structural work is performed. (2) IRC Table R301.2(l) is hereby amended by adding the following into the corresponding table blanks: (i) Ground Snow Load = 30 lbs psf (ii) Wind Speed = 85 mph (iii) Seismic Design Category = D2 (iv) Weathering = Moderate (v) Frost Line Depth = 12 inches (vi) Termite = Slight to Moderate Ordinance No. 017-16 Page 7 of 8 (vii) Decay = Moderate to Severe (ix) Winter Design Temp = 26 (X) Ice Shield Underlayment Required = No (xi) Flood Hazards = (a) 1980, (b) 1980 (xii) Air Freezing Index = 148 (xiii) Mean Annual Temp = 51.4 SECTION 4. Section 15.12.010 POMC Amended. Port Orchard Municipal Code Section 15.12.010 is hereby amended and replaced in its entirety to read as follows: 15.12.010 International Fire Code Adopted The City of Port Orchard hereby adopts by reference the 2015 edition of the International Fire Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-50 WAC, as the official fire prevention code of the city of Port Orchard, which is incorporated herein, together with Appendices A (Board of Appeals), B (Fire Flow Requirements for Buildings), and D (Fire Apparatus Access Roads); provided, that the local amendments, deletions, and additions thereto as provided in this chapter shall govern over the published provisions of the code. SECTION 5. Section 15.12.100 POMC Amended. Port Orchard Municipal Code Section 15.12.100 is hereby amended to read as follows (new text is shown by underline; deletions of text are shown by strikothrough); all other provisions of this section shall remain unchanged and in full force and effect: 15.12.100 Local amendments to the International Fire Code The city of Port Orchard adopts, as local amendments, and further amends the following sections of the 20152012 Edition of tho International Fire Code as adopted by the Washington State Building Code Council, including amendments to appendices A^ Bj, and D as follows: SECTION 6. Copy of Codes on File. Pursuant to RCW 35A.12.140, at least one copy of each and every code of technical regulations adopted by reference in this ordinance shall be filed and maintained by the city clerk for use and examination by the public. Ordinance No. 017-16 Page 8 of 8 SECTION 7. 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 8. 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 9. 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 publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and th attested by the Clerk in authentication of such passage this 28 day of June 2016. Robert Putaansuu, Mayor ATTEST: SPONSORED BY: >Y\&U\ (j WJlOUAlM^ Brandy Rinearson, CMC, City Clerk Bek Ashby, Councilmember Q APPROVED AS TO FORM: shared (fates, City Attorney PUBLISHED: July 8, 2016 EFFECTIVE DATE: July 13, 2016 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 June 28th, 2016. ORDINANCE NO. 017-16 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING AND ADDING NEW SECTIONS TO CHAPTERS 15.04, BUILDING CODE, AND 15.12, FIRE PREVENTION 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, THE REVISED WASHINGTON STATE BUILDING CODE ACT, ADOPTING THE CURRENT STATE BUILDING CODES; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE Copies of Ordinance No. 017-16 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. 017-16 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, July 8th, 2016