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Home My WebLink About4087 ~llVl~.filtY OF CI:fl)INANCE b12}. '~r?7 AN ORDINANCE adopting the Washington State Building Code Act, RCW 19.27, providing for building and fire safety within the City limits of the City of Bremerton and repealing Ordinances #3427, 2815, 1417, 3755, 3582, 3548, 2824, 2428, 2106, 2041, 1221, 1119, 3439, 3675, 3605, 3401, 3394, 3678, 3639, 3428, 2802, 2479, 3498, 3730, 3617, 3607, 3112, 2270, 2213, 2170, 2168, 2162, 3277, 2149 and 3966. This Ordinance is entitled "Building and Fire Safety Code." SECTION 1: This section provides for the title of this Ordinance. SECTION 2: This section provides for the repeal of existing Building Exit Code, Uniform Building Code, Fire Zones provisions, Building Inspector provisions, Dangerous Buildings Code, Plumbing Code, Swimming Pool Code, Fire Code and Fire Prevention Codes, Life Safety Code, Mechanical Code, Gas Fitters and Mechanical Installers License, Sign Code, Billboards provisions, and the Building and Fire Safety Code. SECTION 3: This section sets forth the purpose of the City of Bremerton Building and Fire Safety Code to enhance the health, safety and welfare of the public as a whole. SECTION 4: This section adopts by reference the following codes and regulations, subject to the modifications and/or amendments set forth in Sections 8, 9 and 10: a. Uniform Administrative Code, except Table 3B. b. Uniform Building Code and Uniform Building Code Standards, with appendices in Chapters 1, SS and ?0; provided Sections 45OS(e) and 4SO6(b) are not adopted. c. Uniform Mechanical Code. with Chapter 22 and appendices A, B and C. d. Uniform Fire Code and Uniform Fire Code Standards, with appendices IA, lB, IIB, IIC, IliA, IIIB, IVA, VA. and VIA. e. Uniform Plumbing Code and Standards, with appendices A, B. C, D. G. and H; provided Chapter 11 is not adopted. f. Uniform Sign Code. g. Uniform Code for the Abatement of Dangerous Buildings. h. Regulation for Barrier-Free Facilities, adopted pursuant to RCW 70.92.100; and i. Washington State Energy Code, WAC 51-12. SECTION 5: This section provides for conflicts among the codes and which shall govern. SECTION 6: This section provides various abbreviations for this Ordinance. SECTION 7: This section provides that the Building Official is charged with the administration and enforcement of this Ordinance, except that the Fire Chief shall enforce Section 4d (U.F.C.). SECTION 8: This section provides for amendments to the Uniform Building Code, Sections 108; 109; 110; 111; 112; 113; 114; 115; 116; 301; 304; 305; 2516; 3802; 5401; 5406; Part I, Chapter 3; Part IV, Chapter 25; Part ×, Chapter 38 and Chapter 54; and Appendix Chapter SECTION 9: This section provides for amendments to the Uniform Fire Code, Appendix Division IA. SECTION 10: This section provides for amendments to the Uniform Plumbing Code, Sections 20.6; 20.7; and 20.9. SECTION 11: This section provides for amendments to the Uniform Sign Code, Chapter 2, Section 203; and Chapter 15, Sections 1501, 1502, 1503, 1504, 1505, 1506, 1507. 1508, 1601. 1602, 1603, and 1604. SECTION 12: (a) This section provides the definition of "mobile home." (b) This section provides for the exclusion of mobile homes from the provisions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code (but only as such applies to internal plumbing) and Regulations for Barrier-Free Facilities as provided by RCW 19.27.060(3). (c) This section provides for the obtaining of a permit before the placing or location of any mobile home on a lot or parcel and provides the fee therefor. (d) This section provides for the issuance of a permit if the mobile home conforms to the requirements of the City of Bremerton Zoning Ordinance and the mobile home installation requirements of WAC 296-150B. SECTION 13: (a) This section provides the definition of "factory-built housing." (b) This section provides for the exclusion of factory-built housing from the provisions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code (but only as such applies to internal plumbing) and Regulations for Barrier- Free Facilities. (c) This section provides that each unit of factory- built housing shall have a permanent foundation and provides for the submission of plans, permit fees, zoning ordinance requirements, and proper construction review. SECTION 14: This section provides for amendments to the Dangerous Building Code Sections 401-404, 701, 702, 703, 909-911, and 912. SECTION 15: This section provides that if any section, subsection, sentence, clause, or phase of the City of Bremerton Building and Fire Safety Code is found to be invalid, the remainder thereof shall not be affected. SECTION 16: Penalties - Unless otherwise more specifically provided, any person, firm, or corporation violating any of the provisions of the City of Bremerton Building and Fire Safety Code shall be deemed guilty of a misdemeanor, and each such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the City of Bremerton Building and Fire Safety Code is committed, continued or permitted, and upon conviction of any such violation such person, firm, or corporation shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each violation. Any person desiring the full text of the foregoing Ordinance may so request from the City Clerk and it shall be provided ~ithout charge. Approved by the City Council on the first reading on day of ~/~_f.~ ..... , 1986. Passed by the City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage on _~__~z~ day of ~_~_z/z~/Z, , 1986. GENE L~E, Mayor City of Bremerton ATrE~: KATI~J~ L. IVI~CLUSKEY, City Clerk Director of A(tninistrative Services AN ORDINANCE adopting the Washington State Building Code Act, RCW 19.27, providing for building and fire safety within the City limits of the City of Bremerton and repealing Ordinances #3427, 2815, 1417, 3755, 3582, 3548, 2824, 2428, 2106, 2041, 1221, 1119, 3439, 3675, 3605, 3401, 3394, 3678, 3639, 3428, 2802, 2479, 3498, 3730, 3617, 3607, 3112, 2270, 2213, 2170, 2168, 2162, 3277, 2149 and 3966. WHEREAS, Ordinance 3966 was adopted to ensure that the City of Bremerton administer and enforce The State Building Code Act (RCW 19.27) within the city limits. WHEREAS, Ordinance 3966 contained desirable modification's and/or amendments to the State Building Code Act. WHEREAS, additional modifications and/or amendments are necessary to insure that the City has a lien on property whenever they have a dangerous condition, to adopt the 1985 Edition of the Uniform Administrative Code, and to designate the BuilGing Official as the enforcement officer of Appendix 70 of the Uniform Building Code and to increase the penalties for a violation of the Ordinance. THE CITY OF BREMERTON DOES HEREBY ORDAIN: ~~_l~_~Iam~. This ordinance shall be known as the City of Bremerton Building and Fire Safety Code. fu~C~_~_~9~e_~ of ordinance 93427, 2815, 1417 (Building Exit Code, B.M.C. 17.06); ordinance #3755, 3582, 3548 (Uniform Building Code, B.M.C. 17.04); ordinance #2824, 2428, 2106, 2041, 1972 (Fire Zones, B.M.C. 17.08); ordinance 1221, 1119 (Building Inspector B.M.C. 17.12); ordinance #3439 (Dangerous Buildings Code, B.M.C. 17.20); ordinance ~3675, 3605, 3401 (Plumbing Code B.M.C. 17.28); ordinance 3394 (Swimming Pool Code, B.M.C. 17.52); ordinance #3678, 3639, 3428, 2802, 2479 (Fire Code and Fire Prevention Codes, B.M.C. 18.04); ordinance #3498 (Life Safety Code, B.M.C. 18.16); ordinance #3730, 3617, 3607 (Mechanical Code, Gas Fitters and Mechanical Installers License B.M.C. -- 1 -- 17.48); ordinance #3112, 3071, 2270, 2213, 2170, 2168, 2162 (Sign Code, B.M.C. 17.44); and ordinance #3277, 2149 (Billboards, B.M.C. 17.46); and ordinance 3966 (Building and Fire Safety Code). The purpose of the City of Bremerton Building and Fire Safety Code is to enhance the health, safety and welfare of the public as a whole by ensuring that buildings, dwellings, structures, and land will be constructed, maintained and/or used in a manner so as to reduce hazards, increase durability and require consistent patterns of Community Development; ~_iQY_i~, notwithstanding anything in this ordinance or in the codes adopted in Section 4 to the contrary, this ordinance and the codes adopted in Section 4 establish duties owed to the public as a whole and not any duties to protect any person or class of persons. ~iT~Q~_&~_A~9~ign_~_~9£~re~es. The following codes and regulations are hereby adopted by reference subject to the modifications and/or amendments set forth in Sections 8, 9, 10: a. International Conference of Building Officials, Uniform Administrative Code (1985 ed.) Except: Table 3 B b. International Conference of Building Officials, Unifor~__~il~_i~!!~__~D~d~ and ~]~q/l~a, (1985 ed.) together with those appendices in Chapters 1, 7, 11, 32, 35, 38, 49, 55 and 70; provided Section 4505 (e) and Section 4506 (b) are not adopted. c. International Association of Plumbing and Mechanical Officials and International Conference of Building Officials, ~i~i~r3~k___M~_h_a_n_i_c~____C~ (1985 ed.) together with Chapter 22 and Appendices A, B and C. - 2 - d. Western Fire Chiefs Association and International Conference of Building Officials, ~niform Fire ~D~d_i!D~9~m__~__~Q_0_~_~Bda~d (1985 ed.) together with Appendices I A, I B, II B, II C, III A, III B, IV A, V A, and VI A; e. International Association of Plumbing and Mechanical Officials and International Conference of Building Officials, ~/D~l~__~u_m_~b'n_g__C~td_~d_~ndard~ (1985 ed.) together with Appendices A, B, C, D, G, and H ~9¥~d~d, Chapter 11 is not adopted. International Conference of Building Officials, ~ai~_~SD_~od~ (1985 ed.). g. International Conference of Building Officials, (1985 ed.); h. Washington State Building Code Advisory Councils, R_9_~iga__~or __~aX~i~_~c_~; adopted pursuant to R.C.W. 70.92.100 and i. Washington State Building Code Advisory Councils, current ~IDJ~i~~_~_~[~Y Code (current edition), WAC 51-12. ~~_~~s_Among CoOe s. In cases of conflict among the codes adopted in Section 4 A-I, the Code first named shall govern in descending listing. a. International Conference of Building Officials, ~niform Buildin~_Qode (1985 ed.) shall be known as Uniform Building Code or UBC. b. International Conference of Building Officials, Uniform Adminis~ratioB_Code (1985 ed.) shall be known as the Uniform Administrative Code or the UAC. c. International Association of Plumbing and Mechanical o~ficials and International Conference of Building Officials, in~_~__M_e_c_ka_~ical ~ode (1985 ed.) shall be known as the Uniform Mechanical Code of UMC. -- 3 -- d. Western Fire Chiefs Association and International Conference of Building Officials, (1985 ed.) shall be known as Uniform Fire Code or UFC. e. International Association of Plumbing and Mechanical Officials and International Conference of Building Officials, ~nif~m P u~i~t_~9_~d (1985 ed.) shall be known as Uniform Plumbing Code of UPC. f. International Conference of Building Officials, (1985 ed.) shall be known as the Dangerous Buildings Code or DBC. g. International Conference of Building Officials, ~niform_~_QO_~ (1985 ed.) shall be known as the Uniform Sign Code or USC. The Building Official is charged with the administration and enforcement of the City of Bremerton Building and Fire Safety Code, except that the Fire Chief shall enforce Section 4d (U.F.C) above with associated amendments in Section 9 below. To this end he/she may retain necessary personnel, conduct inspections and investigations, issue appropriate permits, maintain necessary records and files, and do, or cause to be done, all things necessary and proper for the administration and enforcement of the City of Bremerton Building and Fire Safety Code. Appendix 70 of the UBC shall be enforced by the Building Official. ~ECT~Q~ 8._~Bl~p_~_~_~gilding C9~9_m_~D~dmeDts. a. Permit exemption for repair amendments. UBC, Section 301 (a), is hereby amended to read as follows: Section. 301 (a) Permits Required. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or - 4 - structure regulated by this code, except as specified in subsection (b) of this section or causes same to be done without first obtaining a separate permit for each building or structure from the Building Of f i c i al: b. Deletion of exceptions. UBC, Section 301 (b) (1) (2) are hereby deleted. c. Addition to an exemption. UBC, Section 301 (b)(8) is amended to read as follows; painting, papering and similar finish work a[~___instal ]at~ on _~_~ a~ pa d, d. Fee Schedule ~endment. Section 304 ~))is hereby amended to read as follows: Plan Review Fees. When a plan or other data is required to be submitted by Section (b) of Section 302, a Plan Review Fee shall be paid at the time of submitting plans and specifications for review. Said Plan Review Fee shall be 65% of the building permit fee as shown in table No. 3-A; ~~, ~~~~h~n~nd~m~. Where plans are incomplete or changed so as to require additional plan review, an additional Plan Review Fee shall be charged at the rate shown in table No. 3-A. e. Deleation of under-floor inspection. Section 305 (e) (2) is hereby modified to read. CONCRETE SLAB Inspection: to be made after all in-slab building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is poured. -- 5 -- f. Amendments regarding foundation ventilation for certain occupancies. (1) UBC, Section 2516 c (6) shall have no application to group R and M occupancies. (2) UBC Section 2516 (c) is amended to add a new sub-section (12) which shall be as follows: (12) TJie__i~/~__"~]~_cb__Q~_~hall_/ltaN_e__~ ne t ~DA__of~_ no]~_~e_s s__th_an_l_s ~._fL~-_~r__~a_c~_!5_Q_ ~q, ft._Df_ unde]L~lo o r_-ar_~a '_'_i~_ to_b_~_revised_t~ read a s_/n~~_ _i31 _t h 9_ ~_933_~_udg__tJaa[_v~n til aJLtgn ia_ Io_ hg_Dla_ced_/s_ oDDo_sln_~_ N alla_t o_all_o~__c& o s s ventllaIion .... ~n_~! ..... _S/l~__ ___r e_~_d, aa fo~ oN s: __F~kgnd at~_gD_¥e n_til a_tign_~9 r _G~_oup_ R and ymn! il_at e_d_kY__an_a~Dr~v ed_m9 chani~al_.m~am_s_mx by mme_ninSm__s, ho1.L_h~_v.9__a__n_e_t__a_r._e_a__~_f.__ne t_l e a_s_~ h an 6D__a_%uar._e.__/n~ke.~__f~__~c~_i2~ia~_~e~ of cl_o~els_to_ ~.]~_e_cn r_ne rs_as_i_s_~rom~ica~__an~_.~hal~ ~ o~ c r__wi~h_ _cm~j_o_simm_ _ r e_s i~ t a_n t __re=ak_ no t_._L~_~ Ih_at__lY4"__a_n~d__m_ot di~~n. g. This section provides amendments to Part I, Chapter 3; Part IV, Chapter 25; Part X, Chapter 38 and Chapter 54; and Appendix Chapter I of the Uniform Building Code. The amendments to Part I, Part IV and part X include deleting permit requirements of Section 301 (a) for buildings within group R-3 and group M occupancies where repair costs are less thaan $200.00; deleting exceptions contained in Section 301 (b) (1) (2); broadening a permit exemption contained in Section 301 (b) (8) to include installation of floor covering material; consol idating the plan - 6 - review fee of Section 304 (b) when an individual submits plans for two or more identical buildingsss of group R-3 or group M occupancies; deleting the requirement of Section 305 (e) for an underfloor inspection; exempting group R and M occupanciess from the foundation ventilation requirements of Section 2516 (c) (6) and instead requiring group R and M occupancies to comply with the 1979 foundation ventilation reqirements; amending sprinkler system requirements in Chapter 38 requiring that group R occupanciesss be subject to Chapter 54, except that for R-3 occupancies glazing located more than ei§hteen inches (18") above the surface used as a walking surface, glazing which is no greater than eighteen inches (18") in any dimension and glazing protected by a guardrail, handrail, or other approved barrier are not considred hazardous locations under Section 5406 (d). The amendments to Appendix Chapter 1 entitled "Life Safety Requirements for existing Buildings" include redefining and renumbering the stated purpose of Section 108 (a) to be to protect the general public as a whole and amending and renumbering Section 108 (b) to allow an owner eighteen (18) months after notice of non-compliance with the Apendix to submit plans for compliance and another eighteen (18) months to bring the building into conformance with the Appendix; provided, however, that this lenient time compliance requirements does not apply if the existing building is otherwise declared to be dangerous under the Uniform Code for the Abatement of Dangerous Buildings. A new subsection states that the owner of a building remains liable for code violations, even though an obligation is imposed on occupants of the building and even though the owner has, by agreement, imposed on the occupant the duty - 7 - of furnishing required equipment to comply with this code. Every owner, or his agent, is also responsible for keepin9 that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a buildin9 containing two (2) or more dwelling units. This "responsibility" subsection further imposes on an owner the duty to furnish required and approved sanitary facilities and facilities for the prevention and extermination of insect and rodent infestation. The occupany of a dwelling unit is responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or premises which he ocupies and this includes properly disposing of his rubbish, garbage or other organic waste and maintaining where required by the health ordinance or the health officer approved devices, equipment or facilities. A new subsection is added designating substandard buildings as a public nuisances and requiring abatement under the procedures of Section 203 (b) of the Uniform Building Code using the more lenient compliance time requirements of Appendices Chaper 1, unless the condition also constitutes a dangerous building, in which case compliance time requirements as set forth in the Uniform Code for the Abatement of Dangerous Buildings must be followed. A new section is added defining a nuisance as a public nuisance known as common law or in equity jurisprudence as an attractive nuisance, overcrowding, insufficient ventilation or illumination, inadeuate or unsanitary sewage or plumbing facilities, uncleanliness and conditions which render air, food or drink unwholesome or detrimental to human health. The exit requirements contained in Section 109 (b) are renumbered and the requirement that exterior stairs - 8 - be of non-combustible construction is deleted. A new subsection is added to the exit requirements as the appendices, which requires that every dwelling unit or guestroom shall have access directly to the outside or to a public corridor; all buildings or portions therof shall be provided for exits, exit ways and appurtenances as required by Chapter 38 of the Uniform Building Code. A new section is added defining substandard buildings to include public nuisances defined above, buildings with inadequate exits, inadequate fire protections or fire fighting equipment, and improper occupancy. h. Amendments regarding automatic fire extinguishing systems. (1) UBC Section 3802 is hereby amended as follows: (C) Group A occupancy 1. Nightclubs, discos, an automatic sprinkler system shall be installed in rooms primarily usesd for extertaining occupants who are drinking or dining where the total area exceeds 5,000 square feet, and all unseparated accessory uses where the total area exceeds 10,000 square feet. For uses to be considered as separate, the separation shall not be less than required for a one hour occupancy separation. 2. An automatic sprinkler system shall be installed in all basements classified as Group A Occupancy. 3. Exhibition and Display rooms. An automatic sprinkler system shall be installed in Group A Occupancies which have more than 10,000 square feet of floor area. (2) UBC Section 3802 (d) is hereby amended as follows: - 9 - (d) Group B, Division 2 Occupancies. An automatic sprinkler system shall be installed in all areas classed as Group B, Division 2 Occupancies where the total floor area is 10,000 square feet or more. (3) UBC Section 3802 (e) is hereby amended as follows: (e) Group E Occupancciies. An automatic sprinkler system shall be installed in all Group E Occupancies of 10,000 or more square feet. (4) UBC Section 3802 (f) Sub-section 4 is amended as follows: (f) H. Group H, Division 4. An automatic fire extinguishing systems shall be installed in all Group H, Division 4 Occupancies more than one story in height or 10,000 or more square feet in area. (5) There is hereby added to UBC Section 3802 (f) a new subsection 5, which shall be as follows: (5) Group H, Division 5. An automatic fire extinguishing sydstem shall be installed in all Group H, Division 5 Occupancies of 10,000 or more square feet in area. (6) There is hereby added to UBC Section 3802, a new subsection (g) which shall be as follows: 3802 (g) Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed in Group R, Division 1 Occupancies of 10,000 or more square feet or having five or more dwelling units. g. Amendment regarding glass and glazing. (1) UBC, Section 5401 (a)1 is hereby amended to read as follows: (a) Exterior glass and glazing in all occupancies except Group M not over three stories in height; and, - 10 - (2) UBC Section 5406 (d) is amended to add a new subsection 7 which shall read as follows: 7. Subsection (d) hereof shall have no application to R-3 occupancies in the following situations: (a) For glazing located more than eighteen (18) inches above the surface normally used as a walking surface; (b) For glazing which is no greater that eighteen (18) inches in any dimension; and (c) For glazing protected Dy a guardrail, handrail or other approved barrier. i. Appendix Chapter 1 is amended to read as follows: GENERAL Section 107. (a) Purpose. The purpose of this chapter is to enhance the health, safety and welfare of the general public by providing for alterations to certain such existing buildings which do not meet the minimum requirements of the Code. EXCEPTION: Group R, Division 3 or Group M Occupancies. (b) Effective Date. Within 18 months after notice to the owner of a violation of this appendix, plans for compliance shall be submitted and approved, and within 18 months thereafter, the work shall be completed or the building shall be vacated until made to conform, provided that if the Building Official declares that conditions in violation of this appendix also constitute a dangerous building under Section 302 of the Dangerous Building Code or Section 203 of the UBC, the Building Official shall determine the time compliance requirements in accordance with Section 401 of the uniform code for the Abatement of Dangerous Buildings. - 11 - (c) Alternate Materials and Methods. Alternate materials and methods may be used, provided such materials or methods comply with the spirit and intent of this appendix. The Building Official may modify any of the provisions of this appendix in conformance with Section 106 of this code. (d) Responsibilities Defined. Every owner remains liable for violations of duties imposed upon him by this code even through an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment to comply with this code. Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units. Every owner shall, where required by this code, the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, - 12 - sanitary and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls, shall dispose of all his rubbish, garbage and other organic waste in a manner required by the health ordinance and approved by the Health Officer. Every occupant shall, where required by this code, the health ordinance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary. (e) Substandard Buildings. Ail buildings or portions thereof which are determined to be substandard as defined in Section 116 of this Appendix are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of the Dangerous Building Code; provided however that the time compliance requirements of Section 107(b) of the Appendix will apply if the condition(s) are determined by the Building Official to be substandard and not rise to the level of a dangerous building defined in Section 301 of the Dangerous Building Code or Section 203 of UBC. DEFINITIONS Section 108 Nuisance. The following shall be defined as nuisances: 1. Any public nuisance known at common law or in equity jurisprudence. 2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes an~~ abandoned wells, shafts, - 13 - ~asements or excavations; amandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. 3. Whatever is dangerous to human life or is detrimental to health, as determined by the health officer. 4. Overcrowding a room with occupants. 5. Insufficient ventilation or illumination. 6. Inadequate or unsanitary sewage or plumbing facilities. 7. Uncleanliness, as determined by the health officer. 8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer. EXITS Section 109. (a) Number of Exits. Every floor above the first story used for human occupancy shall have access to at least two separate exits, one of which may be an exterior fire escape complying with Subsection (d) of this section. Subject to the approval of the Building Official, an approved ladder devise may be used in lieu of a fire escape when the construction feature or location of the building on the property make the installation of a fire escape impracticable. EXCEPTION: In all occupancies, second stories with an occupancy load of 10 or less may have one exit. An exit ladder device when used in lieu of a fire escape shall conform with U.B.C. Standard No. 33-3 and the following: - 14 - Serves an occupant lo~~ of 10 or less or a single dwelling unit or guest room. 2. The building does not exceed three stories in height. 3. The access is adjacent to an opening as specified for emergency egress or rescue or from a balcony. 4. Shall not pass in front of any building opening below the unit being served. 5. The availability of activating the device for the ladder is accessible only from the opening or balcony served. 6. So installed that it will not cause a person using it to be within 6 ieet of exposed electrical wiring. (b) Stair Construction. All required stairs shall have a minimum run of 9 inches and a maximum rise of 8 inches and shall have a minimum width of 30 inches exclusive of handrails. Every stairway shall have at least one handrail. A landing having a minimum 30-inch run in the direction of travel shall be provided at each point of access to the stairway. EXCEPTION: Fire escapes as provided for in this Section. EXCEPTION: On building of Types III, IV and V, provided the exterior stairs are constructed of wood not less than 2-inch nominal thickness. (c) Corridors. Corridors of Groups A, B, E, I, H and R, Division 1 Occupancies serving as an exit for an occupant load of 30 or more shall have walls and ceilings of not less than one-hour fire-resistive construction as required by this code. Existing walls surfaced with wood lath and plaster in good condition or 1/2 inch gypsum wallboard or openings with fixed wired glass set - 15 - ~.n steel frames are permit~-d for corridor walls and ceilings and occupancy separations when approved. Doors opening into such corridors shall be protected by 20-minute fire assemblies or solid wood doors not less than 1 3/4-inch- thick. Where the existing frame will not accommodate the 1 3/4-inch-thick door, a 1 3/8- inch-thick solid bonded wood core door or equivalent insulated steel door shall be permitted. Doors shall be self-closing or automatic-closing by smoke detection. Transoms and openings other than doors from corridors to rooms shall comply with Section 3305 (h) of this code or shall be covered with a minimum of 3/4- inch plywood or 1/2-inch gypsum wallboard or equivalent material on the room side. EXCEPTION: Existing corridor walls, ceilings and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure. (a) Fire Escapes. 1. Existing fire escapes which in the opinion of the Building Official comply with the intent of this section may be used as one of the required exits. The location and anchorage of fire escapes shall be of approved design and construction. 2. Fire escapes shall comply with the following: Access from a corridor shall not be through an intervening room. All openings within 10 feet shall be protected by three-fourths-hour fire - 16 - assemblies. When located within a recess or vestibule, adjacent enclosure walls shall be of not less than one-hour-fire-resistive construction. Egress from the building shall be by a clear opening having a minimum dimension of not less than 29 inches. Such openings shall be openable from the inside without the use of a key or special knowledge or effort. The sill of an opening giving access shall be not more than 30 inches above the floor of the building or balcony. Fire escape stairways and balconies shall support the dead load plus a live load of not less than 100 pounds per square foot and shall be provided with a top and intermediate handrail on each side. The pitch of the stairway shall not exceed 60 degrees with a minimum width of 18. inches. Treads shall be not less than 4 inches in width and the rise between treads shall not exceed 10 inches. All stair and balcony railings shall support a horizontal force of not less that 50 pounds per lineal foot of railing. Balconies shall be not less that 44 inches in width with no floor opening other than the stairway opening greater that 5/8 inch in width. Stairway openings in such balconies shall be not less that 22 inches by 44 inches. The balustrade of each balcony shall be not less that 36 inches high with not more than 9 inches between balusters. Fire escapes shall extend to the roof or provide an approved gooseneck ladder between - 17 - the top floor landin~ and the roof when serving buildings four or more stories in height having roofs with less than 4:12 slope. Fire escape ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds per lineal foot; each rung shall support a concentrated loan o£ 500 pounds placed anywhere on the rung. All ladders shall be at least 15 inches wide, located with 12 inches of the building and shall be placed flatwise relative to the face of the building. Ladder rungs shall be 3/4 inch in ~iameter and shall be located 12 inches on center. Openings for roof access ladders through cornices and similar projections shall have minimum dimensions of 30 inches by 33 inches. The lowest balcony shall be not more that 18 feet from the ground. Fire escapes shall extend to the ground or be provided with counterbalanced stairs reaching to the ground. Fire escapes shall not take the place of stairways required by the codes under which the building was constructed. Fire escapes shall be kept clear and unobstructed at all times and maintained in good working order. (e) Exit and Fire Escape Signs. Exit signs shall be provided as required by this code. EXCEPTION: The use of existing exit signs may be continued when approved by the building official. All doors or windows providing access to a fire escape shall be provided with fire escape signs. - 18- (f) Exits. Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by Chapter 33 of the Building Code. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All escape or rescue windows from sleeping rooms shall have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 inches above the floor. ENCLOSURE OF VERTICAL SHAFTS Section 110. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, shall be enclosed by a minimum of one-hour fire-resistive construction. All openings into such shafts shall be protected with one-hour fire assemblies which shall be maintained self closing or be automatic closing by smoke detection. All other openings shall be fire protected in an approved manner. (Existing fusible link-type automatic door closing devices may be permitted if the fusible link rating does not exceed 135 Degree F.). - 19 - EXCEPTIONS: 1. ~n other than Group 10ccuFancies, an enclosure will not be required for openings servin9 only one adjacent floor. 2. Stairways need not be enclosed in a continuous vertical shaft if each story is separated from other stories by one-hour fire-resistive construction or approved wired glass set in steel frames. In addition, all exit corridors shall be sprinklered and the openings between the corridor and occupant space have at least one sprinkler head above the openings on the tenant side. The sprinkler system may be supplied from the domestic water supply if of adequate volume and pressure. 3. Vertical openings need not be protected if the building is protected by an approved automatic sprinkler system. FIRE PROTECTION Section 111. Ail buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the Building and Fire Safety Code for the appropriate occupancy, type of construction and location on property; and shall be provided with the appropriate fire-extinguishing systems or equipment required by Chapter 38 of the Uniform Building Code. BASEMENT ACCESS OR SPRINKLER PROTECTION Section 112. An approved automatic sprinkler system shall be provided in basements or stories exceeding 1500 square feet in area and not having a minimum of 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction there - 20 - of exterior wall on at least one side of the building. Openings shall have a minimum clear dimension of 30 inches. Exception: Group R, Division 3, Occupancies. If any portion of a basement is located more that 75 feet from required openings, the basement shall be provided with an approved automatic sprinkler system throughout. Sprinkler system must meet the approval of fire chief or building official in those structures as required above. STANDPIPES Section 113. Any buildings over four stories in height shall be provided with an approved Class I or Class III standpipe system. SMOKE DETECTORS Section 114. Every dwellin§ unit and every guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors installed in accordance with this code. SEPARATION OF OCCUPANCIES Section 115. Occupancy separations shall be provided as specified in Section 503 of this code. When approved by the building official, existing wood lath and plaster in good condition or 1/2-inch gymsum wallboard may be acceptable where one-hour occupancy separations are required. SUBSTANDARD BUILDINGS DEFINITION Section 116. - 21 - (a) General. Any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the followin~ listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building. (b) Nuisance. Any nuisance as defined in this code. (c) Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant loan, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed. (d) Inadequate Fire-protection or Fire-fighting Equipment. All buildings or portions thereof which are not provided with the fire-resistive construction, fire-extinguishing systems, or early warning equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or early warning equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. - 22 - (e) Improper Occupancy. Ail buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. a. Appendix Division I A to read as follows: 1. GENERAL (a) Purpose. The purpose of this chapter is to enhance the health, safety and welfare of the general public by providing for alterations to certain such existing buildings which do not meet the minimum requirements of the Code. EXCEPTION: Group R, Division 3 or Group M Occupancies. (b) Effective Date. Within 18 months after notice to the owner of a violation of this appendix, plans for compliance shall be submitted and approved, and within 18 months thereafter, the work shall be completed or the building shall be vacated until made to conform, provided that if the Fire Chief declares that conditions in violation of this appendix also constitute a dangerous building under Section 302 of the Dangerous Building Code or Section 2.201 of UFC, the Fire Chief shall determine the time compliance requirements in accordance with Section 401 of the Dangerous Building Code. (c) Alternate Materials and Methods. Alternate materials and methods may be used, provided such materials or methods comply with the spirit and intent of this appendix. The Fire Chief may modify any of the provisions of this appendix in conformance with Section 2.301 of this code. - 23 - (d) Responsibilities Defined. Every owner remains liable for violations of duties imposed upon him by this code even through an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment to comply with this code. Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units. Every owner shall, where required by this code, the health ordinance or the Health Officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any inspects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls, shall dispose of all his rubbish, garbage - 24- and other organic waste in a manner required by the health ordinance and approved by the Health Office. Every occupant shall, where required by this code, the health ordinance or the Health Officer, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary. (e) Substandard Buildings. All buildings or portions thereof which are determined to be substandard as defined in Section 10 of this Appendix are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of the Dangerous Building Code; provided however that the time compliance requirements of Section l(b) of this appendix will apply if the condition(s) are determined by the Fire Chie~ to be substandard and not rise to the level of a dangerous building defined in Section 302 of the Dangerous Building Code or Section 2.201 of the UFC. DEFINITIONS Nuisance. The followin§ shall be defined as nuisances: 1. Any public nuisance known at common law or in equity jurisprudence. 2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any - 25- lumber, trash, fences, debris or vegetation which may' prove a hazard for inquisitive minors. 3. Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer. 4. Overcrowding a room with occupants. 5. Insufficient ventilation or illumination. 6. Inadequate or unsanitary sewage or plumbing facilities. 7. Uncleanliness, as determined by the Health Officer. 8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer. 2. EXITS (a) Number of Exits. Every floor above the first story used for human occupancy shall have access to at least two separate exits, one of which may be an exterior fire escape complying with Subsection (d) of this section. Subject to the approval of the Building Official or Fire Chief, an approved ladder device may be used in lieu of a fire escape when the construction feature or location of the building on the property make the installation of a fire escape impracticable. EXCEPTION: In all occupancies, second stories with an occupancy load of 10 or less may have one exit. An exit ladder device when used in lieu of a fire escape shall conform with U.B.C. Standard No. 33-3 and the following: 1. Serves an occupant load of 10 or less or a single dwelling unit or guest room. 2. The building does not exceed three stories in height. 3. The access is adjacent to an opening as specified for emergency egress or rescue or from a balcony. - 26 - 4. Shall not pass in front of any building opening below the unit being served. 5. The availability of activating the device for the ladder is accessible only from the opening or balcony served. 6. So installed that it will not cause a person using it to be within 6 feet of exposed electrical wiring. (b) Stair Construction. All required stairs shall have a minimum run of 9 inches and a maximum rise of 8 inches and shall have a minimum width of 30 inches exclusive of handrails. Every stairway shall have at least one handrail. A landing having a minimum 30-inch run in the direction of travel shall be provided at each point of access to the stairway. EXCEPTION: Fire escapes as provided for in this Section. EXCEPTION: On building of Types III, IV and V, provided the exterior stairs are constructed of wood not less than 2-inch nominal thickness. (c) Corridors. Corridors of Groups A, B, E, I, H and R, Division 1 Occupancies serving as an exit for an occupant load of 30 or more shall have walls and ceilings of not less than one-hour fire-resistive construction as required by this code. Existing walls surfaced with wood lath and plaster in good condition or 1/2 inch gypsum wallboard or openings with fixed wired glass set in steel frames are permitted for corridor walls and ceilings and occupancy separations when approved. Doors opening into such corridors shall be protected by 20-minute fire assemblies or solid wood doors not less than 1 3/4-inch-thick. Where the existing frame will not accommodate the 1 3/4-inch-thick door, a 1 3/8- inch-thick solid bonded wood core door or equivalent insulated steel door shall be permitted. - 27 - Doors shall be self-closing or automatic-closing by smoke detection. Transoms and openings other than doors from corridors to rooms shall comply with Section 3305 (h) of this code or shall be covered with a minimum of 3/4-inch plywood or 1/2-inch gypsum wallboard or equivalent material on the room side. EXCEPTION: Existing corridor walls, ceilings and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure. (d) Fire Escapes. 1. Existing fire escapes which in the opinion of the Fire Chief comply with the intent of this section may be used as one of the required exits. The location and anchorage of fire escapes shall be of approved design and construction. 2. Fire escapes shall comply with the following: Access from a corridor shall not be through an intervening room. All openings within 10 feet shall be protected by three-fourths-hour fire assemblies. When located within a recess or vestibule, adjacent enclosure walls shall be of not less than one- hour-fire-resistive construction. Egress from the building shall be by a clear opening having a minimum dimension of not less than 29 inches. Such openings shall be openable from the inside without the use of a key or special knowledge or effort. The sill of an opening giving access shall be not more than 30 inches above the floor of the building or balcony. - 28 - Fire escape stairways and balconies shall support the dead load plus a live load of not less than 100 pounds per square foot and shall be provided with a top and intermediate handrail on each side. The pitch of the stairway shall not exceed 60 degrees with a minimum width of 18 inches. Treads shall be not less than 4 inches in width and the rise between treads shall not exceed 10 inches. All stair and balcony railings shall support a horizontal force of not less that 50 pounds per lineal foot of railing. Balconies shall be not less that 44 inches in width with no floor opening other than the stairway opening greater that 5/8 inch in width. Stairway openings in such balconies shall be not less that 22 inches by 44 inches. The balustrade of each balcony shall be not less that 36 inches high with not more than 9 inches between balusters. Fire escapes shall extend to the roof or provide an approved gooseneck ladder between the top floor landing and the roof when serving buildings four or more stories in height having roofs with less than 4:12 slope. Fire escape ladders shall be designed and connected to the building to withstand a horizontal force of 100 pounds per lineal foot; each rung shall support a concentrated load of 500 pounds placed anywhere on the rung. All ladders shall be at least 15 inches wide, located with 12 inches of the building and shall be placed flatwise relative to the face of the building. Ladder rungs shall be 3/4 inch in diameter and shall be located 12 inches on center. Openings for roof access ladders through cornices and - 29 - similar projections shall have minimum dimensions of 30 inches by 33 inches. The lowest balcony shall be not more that 18 feet from the ground. Fire escapes shall extend to the ground or be provided with counterbalanced stairs reaching to the ground. Fire escapes shall not take the place of stairways required by the codes under which the building was constructed. Fire escapes shall be kept clear and unobstructed at all times and maintained in good working order. (e) Exit and Fire Escape Signs. Exit signs shall be provided as required by this code. EXCEPTION: The use of existing exit signs may be continued when approved by the Fire Chief. All doors or windows providing access to a fire escape shall be provided with fire escape signs. (f) Exits. Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by Chapter 33 of the Uniform Building Code. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All escape or rescue windows from sleeping rooms shall have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 inches above the floor. - 30 - 4. ENCLOSURE OF VERTICAL SHAFTS Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, shall be enclosed by a minimum of one-hour fire- resistive construction. All openings into such shafts shall be protected with one-hour fire assemblies which shall be maintained self closing or be automatic closing by smoke detection. All other openings shall be fire protected in an approved manner. (Existing fusible link-type automatic door closing devices may be permitted if the fusible link rating does not exceed 135 - F.) EXCEPTIONS: 1. In other than Group 1 Occupancies, an enclosure will not be required for openings serving only one adjacent floor. 2. Stairways need not be enclosed in a continuous vertical shaft if each story is separated from other stories by one-hour fire-resistive construction or approved wired glass set in steel frames. In addition, all exit corridors shall be sprinklered and the openings between the corridor and occupant space have at least one sprinkler head above the openings on the tenant side. The sprinkler system may be supplied from the domestic water supply if of adequate volume and pressure. 3. Vertical openings need not be protected if the building is protected by an approved automatic sprinkler system. 5. FIRE PROTECTION Ail buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the Uniform Building Code for the appropriate occupancy, type of construction and location on property; and shall be provided with the appropriate fire-extinguishing - 31 - systems or equipment required by Chapter 38 of the Uniform Building Code. 6. BASEMENT ACCESS OR SPRINKLER PROTECTION An approved automatic sprinkler system shall be provided in basements or stories exceeding 1500 square feet in area and not having a minimum of 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction there of exterior wall on at least one side of the building. Openings shall have a minimum clear dimension of 30 inches. Exception: Group R, Division 3, Occupancies. If any portion of a basement is located more than 75 feet from required openings, the basement shall be provided with an approved automatic sprinkler system throughout. Sprinkler system must meet the approval of fire chief and building official in those structures as required above. 7. STANDPIPES Any buildings over four stories in height shall be provided with an approved Class I or Class III standpipe system. 8. SMOKE DETECTORS Every dwelling unit and every guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors installed in accordance with this code. 9. SEPARATION OF OCCUPANCIES Occupancy separations shall be provided as specified in Section 503 of this code. When approved by the Fire Chief, existin9 wood lath and plaster in good condition or 1/2-inch gymsum wallboard may be acceptable where one-hour occupancy separations are required. - 32 - 10. SUBSTANDARD BUILDINGS DEFINITION (a) General. Any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building. (b) Nuisance. Any nuisance as defined in this code. (c) Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant loan, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed. (d) Inadequate Fire-protection or Fire-fighting Equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems, or early warning equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or early warning equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. - 33 - (e) Improper Occupancy. Ail buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. a. Addition of a permit exemption. UPC, Section 20.6 is hereby amended to read as follows: Application for Permit 20.6 Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose. He shall give a description of the character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in connection therewith. The Administrative Authority may require plans, specifications or drawings and such other information as he may deem necessary. Permits shall only be issued to persons certified pursuant to RCW 18.106; ~Dvided, the owner of real property may obtain a permit to do plumbing or drainage work on his real property. If the Administrative Authority determines that the plans, specifications, drawings, descriptions or information furnished by the applicant are in compliance with this Code, he shall issue the permit applied for upon payment of the required fee as hereinafter fixed. b. Supplement regarding permit fees. The "Schedule of Fees" within UPC, Section 20.7 is hereby supplemented to include the following: For Group R, Division Basic fee only when plumbing and/or mechanical permit 3, and Group M obtained in conjunction with occupancies ...... building permit for new or remodel work; all other work - 34 - shall use appropriate provisions of Section 20.7 For each private swimming pool ..... $40.00 For each semi-public swimming pool ..... $50.00 For each public swimming pool ..... $75.00 c. Amendment regarding inspection notification. UPC, Section 20.9 is hereby amended to read as follows: Notification 20.9 It shall be the duty of the person doing the work authorized by the permit to notify the Administrative Authority, orally or in writing, that said work is ready for inspection. It shall be the duty of the person doing the work authorized by the permit to make sure that the work will stand the test prescribed elsewhere in this Code, before giving the above notification. Any person who calls for and receives a test and/or inspection where, in fact, the work is not ready to be tested and/or inspected shall pay to the Administrative Authority a fee of $30.00 which must paid prior to any further call for inspection and/or test. SECTION ~_~_~_~_O_~__AD~9~ts.- a. Addition sections added to Uniform Sign Code: Add a definition to Chapter 2 Section 203. Billboard. Means a flat surface, as of a panel, wall or fence on which bills are posted, a bulletin board or a structure built for posting or placing advertising, pictures and reading matter. -35- b. Add Chapter 15 to read as follows: Section 1501. Conformance to Zoning Regulations. Signs may be constructed and maintained in those districts within the City authorized by the current City of Bremerton Zonin~ Ordinance. Section 1502. Certificate of Insurance - owner to file when - Amount every person who owns a billboard(s) shall keep on file with the City Clerk a Certificate of Insurance for the amount of one million dollars per occurrence for bodily injury and property damage. No insurance shall be required for a billboard the solid portion of whose advertising surface contains less than forty - eight square feet. Section 1503. Zoning Compliance. Billboards may be constructed and maintained in those districts within the City authorized by the current City of Bremerton Zoning Ordinance. Section 1504. Construction - Dimension and Open Space Requirements. a. A vertical dimension of a billboard located on the ground and having a solid face shall not exceed fifteen (15) feet nor shall the height above the ground exceed thirty (30) feet Except when determined by the Building Official that the ground beneath the billboard is below sidewalk grade, in which case the billboard shall not be higher than thirty (30) feet above the sidewalk in front of the billboard. b. Billboards located on the 9round shall have an open space of at least eighteen (18) inches - 36 - between the lower edge thereof and the ground. This space may be occupied by lattice work, provided that the open spaces in said lattice are at least equal in width to the width of the members of which the lattice is constructed. Section 1505. Obstructing or Projecting Billboards Prohibite~ When. a. Billboards placed on walls or roofs of buildings shall be located so as not to interfere with the use of any fire escape or standpipe or obstruct necessary windows or interfere with egress from the building. No billboards placed against the walls of a building shall project into any street or alley a greater distance than is permitted for appendages on buildings. Section 1506. Billboards Located Above Building Roofs - Restrictions. a. No billboard, other than electric sign, shall, if located above the roof of a building, have an advertising surface whose vertical dimension exceeds twenty feet, nor shall it be higher than twenty-five feet above the roof. Electric signs located above the roof of a building shall not be higher than seventy-fire feet above said roof. b. All bents supporting the face of a billboard shall, if located above the roof of a building, be at least six feet apart and the bottom of the face shall be at least five feet above the roof. c. The advertising surface of such billboard must be no closer to the front lot line than five feet, or be in line with the average depth of the front line of the buildings adjacent on each side. - 37 - Section 1507. Unsafe or defective billboards - Notice to Repair or Remove Authorized When. Any Dillboard which may be or become unsafe or defective, and any billboard which may be hereafter erected, altered or reconstructed contrary to the requirements of this chapter, shall be removed or made to conform to the terms and requirements of this chapter by the owner thereof or by the owner of the ground upon which the same is built, upon receipt of notice so to do from the building inspector. It shall be the duty of the building inspector to serve notice on any person maintaining any billboard not in conformity with the provisions of this chapter, which notice shall require the immediate removal of such billboard or alteration thereof to conform to the requirements of this chapter. Section 1508. Billposter's Name Required Where. Every billposter shall cause his name to plainly appear at all times on every structure, or portion thereof, upon which he placed advertisements. d. Add Chapter 16 to read as follows: Political Signs. Ail signs relating to the nomination or election of any individual for public political office or advocating any measure to be voted upon at any special or general election are political signs and shall be subject to the following regulations: Section 1601. Political signs shall not be displayed more than seven days after a general election; provided, that those signs which relate to candidates or issues - 38 - which appeared on the ballot for a primary election but shall not appear on the ballot for a general election shall be removed within seven days after the date of the primary election. Section 1602. No political sign shall be erected upon any property without the permission of the resident or owner thereof. Section 1603. No political sign of any nature shall be attached in any manner to any utility pole, light standard, directional signpost of right-of-way fence, or in any manner which would obstruct the vision of drivers upon streets or alleys. The fee for politi ~ [_~0~'~~ one dollar, except that no fee sx a political sign thirty inches by _~r inches, or under, in size. All persons putting up political signs of any size shall first obtain a permit for such purpose from the building department prior to the placement of any signs. ~12~_ Mobile Homes~ a. Definition. "Mobile home" shall mean a factory- assembled structure having more than three hundred twenty (320) square feet of gross floor area, capable for using as a dwelling unit, with its own chassis and capable of being towed on public highways through the use of its own axles and wheels; Provide, a mobile home shall not lose its character as a mobile home by the removal of its wheels and axles or its placement on a permanent foundation. - 39 - b. Pursuant to the authority of RCW 19.27.060(3) mobile homes are hereby excluded from the provisions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code (but only as such applies to internal plumbing) and Regulations for Barrier-Free Facilities. Mobile homes are not exempted from the remainder of the City of Bremerton Building and Fire Safety Code. c. Before any mobile home is located or placed on any lot or parcel, the person desiring to locate or place the mobile home must obtain a permit from the Building Official. The fee for such permit shall be seventy-five dollars ($75.00) except that it shall be fifty dollars ($50.00) within a mobile home park. d. The Building Official shall issue the permit if the mobile home conforms to the requirements of the City of Bremerton Zoning Ordinance and meets the mobile home installation requirements of WAC 296-150B, as not or hereafter amended. SECTION 13. Factory - B~]~ a. Definition. "Factory-built housing" shall mean any structure designed primarily for human occupancy (other than a mobile home) the structure or any room of which is either entirely or substantially prefabricated or assembled at a place other than the building site. b. Pursuant to RCW 43.22.450 through RCW 43.22.490 and RCW 19.27.060(3), factory-built housing is hereby excluded from the provisions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code (but only as such applies to internal plumbing) and Regulations for Barrier-Free Facilities. Factory- built housing is not exempted from the remainder of the City of Bremerton Building and Fire Safety Code. - 40- c. Each unit of factory-built housing shall have a permanent foundation. No unit of factory-built housing shall be located or placed upon any lot or parcel until the following have occurred: (1) A person desiring to locate or place a unit of factory-built housing shall submit to the Building Official a foundation plan which must be approved by the same. If the plan is approved the Building Official shall issue a permit authorizing the placement or location. (2) A fee in the amount of seventy-five dollars ($75.00) shall be paid to the Building Department at the time plans are submitted. This fee shall be used to defray the inspections set forth in (3) and (4) below. (3) The Building Department shall ascertain that the unit of factory-built housing meets the requirements of the City of Bremerton Zoning Ordinance and that the foundation forms have been properly set; (4) Subsequent to the inspection mentioned in (3) above the Building Official shall, once the foundation has been poured, the forms removed, and the mud sill in place, ascertain if the foundation has been properly constructed. (5) Those approvals mentioned in Item 3 above have been obtained. ~ Danger~_~~Code Amendments 1. ADDITION OF COMPLAINT PROCEDURES - DBC 401-404 are amended to read as follows: 401: (a) Commencement of Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous - 41 - building, (s)he shall commence proceedings to cause the repair, vacation or demolition of the building. (b) Complaint. The Building Official shall issue a complaint to the record owner and such other persons with a legal interest in the building or land as set forth in 401~ and shall post the complaint in a conspicuous place on the property. The complaint shall contain: 1. The street address and legal description sufficient for indentification of the premises upon which the building is located. 2. A statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under 302 of this Code. 3. A statement that a hearing will be held before the Board of Appeals, at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of the complaint, and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. (c) Hearing on the Complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board or officer. A copy of such complaint shall also be filed with the auditor of the county in which the dwelling, building, or structure is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. - 42 - (d) Imminent Danger. If the building or structure is in such a condition as to make it immediately dangerous to the life, limb, property, or safety of the public or adjacent property, the Building Official may dispense with the complaint procedures and immediately issue a notice containing an order. (e) Notice Containing Order. If, after the hearing on the complaint, the Building Official determines that the building or structure is a dangerous building as defined by 302, (s)he shall issue a notice containing an order directed to the record owner of the building. The notice and order shall contain: 1. The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of 302 of this Code. 3. A statement of the action required to be taken as determined by the Buildin9 Official. (i) If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances. - 43 - (ii) If the Building Ofiicial has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable. (iii) If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secureG therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Building Official shall determine is reasonable. 4. Statements advising that is any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. 5. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice - 44 - containing the order to the Appeals Board, provided the appeal is made in writing as provided in this Code and filed with the Office of the Building Official within thirty (30) days from the date of service of such notice and order; (ii) that the cost of said appeal is $75.00 which is refundable in the event the appellant prevails at said hearing; and (iii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (f) Service of Complaint Notice and Containing Order. The complaint and the notice containing the order, shall be posted on the property; and one copy thereof shall be served on each of the followin9 if known to the Building Official or disclosed from official public records; the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. (g) Method of Service. Service of the complaint notice containing the order shall be made upon all persons entitled thereto either personally - 45 - or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll or the county or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (h) Proof of Service. Proof of service of the complaint and notice containing the order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official. 402: If compliance is not had with the order within the time specified therin, and no appeal has been properl~ and timely filed, the Building Official shall file the notice containing the order in the office of the county auditor. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property - 46 - described, the Building Official shall file a certificate with the county auditor certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate. 403: Standards to be Followed. The following standards shall be followed by the Building Official in ordering the repair, vacation or demolition of any dangerous building or structure: 1. Any building declared a dangerous building under this Ordinance either shall be repaired in accordance with the current building code or shall be demolished at the option of the building owner. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants, it shall be ordered to be vacated. 404: Notice to vacate. (a) Posting - Every notice containing an order to vacate shall, in addition to being served as provided in 401(f), be posted at or upon each exit or the building and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official of the City of Bremerton (b) Compliance - Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him under Subsection (e) of 401, reciting the - 47 - emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection shall be guilty of a misdemeanor. 701: (a) General. After any order of the Building Official or Board of Appeals made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order unless such order is appealed to the superior court. Any such person who fails to comply with any such order is guilty of a misdemeanor. (b) Failure to Obey Order. If, after any order of the Building Official or Board of Appeals made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (i) cause such person to be prosecuted under Subsection (a) of this section or (ii) institute any appropriate action to abate such building as a public nuisance. Such work shall not be commenced if the individual appeals to the superior court until all judicial proceedings are concluded. - 48- (c) Failure to Commence Work. Whenever the required repair or demolition is not commenced within thirty (30) days after any final notice and order issued under this Code becomes effective. 1. The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: DANGEROUS BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building, or remove or deface this notice. Building Official, City of Bremerton 2. No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. 3. The Building Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order, or, if the notice and order required demolition, to cause the building to be sold and removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this Code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, - 49 - shall be paid over to the person or persons lawfully entitled thereto. 702: Upon the receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Building Official may, in his discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal his notice and order. 703: No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this Code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this Code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this Code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to the Code. - 50 - g. AMENDMENTS CONCERNING LIEN PROCEDURES DBC 909-911 are amended to read as follows: 909: After confirmation of the report the Treasurer shall certify to the County Treasurer the amount of such assessment due and owing. 910: If the County Assessor and the County Tax Collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the County Auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. 911: The County Treasurer shall enter the amount of such assessment upon the tax rolls against the property and pursuant to RCW 35.80.030 the same or the annual installment 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, as now or hereafter amended, for delinquent taxes. If the legislative body of the jurisdiction has determined that the assessment shall be paid in installments, each installment shall become a part of the general taxes for that year to be collected at the same time with interest at such rate and in such manner as provided for in RCW 84.56.020 as now or hereafter amended, for delinquent taxes. 912: Ail money recovered by payment of the charge or assessment or from the sale of property at - 51 - foreclosure sale shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund. Unless otherwise more specifically provided, any person, firm, or corporation violating any of the provisions of the City of Bremerton Building and Fire Safety Code shall be deemed guilty of a misdemeanor, and each such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the City of Bremerton Building and Fire Safety Code is conm~itted, continued or permitted, and upon conviction of any such violation such person firm or corporation shall be punished by a fine of not more than one-thousand ($1,000.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each violation. f~ETIQ~_i~_~m~ e_fabill ty, If any section, subsection, sentence, clause or phase of the City of Bremerton Building and Fire Safety Code or its application to any person or circumstances, is then invalid, the remainder of the City of Bremerton Building and Fire Safety Code, or the applications to other persons or circumstances, shall not be affected. - 52 - Approved by the City Council on the First reading this ___/f~-~_ day of ~_, 1986. Passed by the City Council of the City of Bremerton, Washin§ton, signed by the Mayor and attested by the City Clerk in authentication of such passage this __~_~__. day of ~__~.~b , 1986. OBE, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk DD:ceu - 53 -