HomeMy WebLinkAbout4904 ORDINANCE NO.
AN EMERGENCY ORDINANCE of the City Council of
the City o£ Bremerton, Washington, amanding Title 17 of the
Bremerton Municipal Code to repeal the adoption of the 1997 edition
of the Uniform Plumbing Code; to adopt the 2003 edition of the
International Building Code, International Residential Code,
International Mechanical Code, and the 1997 edition of the Uuiform
Building Code, Uniform Mechanical Code, and the Uniform
Plumbing Code, as amended by the Washington State Building Code
Council; and to make other housekeeping amendments to various
Bremerton Municipal Code provisions to reference the International
Codes as opposed to the Uniform Codes, and further declaring an
emergency.
WHEREAS, as set forth in Title 17 of the Bremerton Municipal Code, the City has
adopted various Washington state and uniform building codes; and
WHEREAS, pursuant to Ch. 19.27 RCW, the 2003 editions of the International
Building Code, the International Residential Code, the International Mechanical Code, and the
Uniform Plumbing Code, as adopted by the State of Washington, apply to all cities, including the
City of Bremerton, effective July 1, 2004; therefore, it is appropriate to amend the Bremerton
Municipal Code to formally adopt the same; and
WHEREAS, pursuant to City of Bremerton Charter, ordinances must have two
public heatings; and
WHEREAS, without the passage of this ordinance as an emergency ordinance, it
would not become effective until after July 1, 2004, the state mandated effective date; NOW
THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTIONL Chapter 17.04 of the Bremerton Municipal Code, entitled "City
Building Code," is hereby repealed in its entirety and a new chapter 17.04 entitled "City Building
Code" amended as follows:
17.04.010 PURPOSE.
The purpose of the City Building 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 used in a manner so as to reduce hazards, increase durability and require
consistent patterns of community development. Provided, notwithstanding anything in this
International Building Codes-
1 Adoption
chapter or in the codes adopted in § 17.04.020 to the contrary, this chapter and the codes adopted
in § 17.04.020 establish duties owed to the public as a whole and not any duties to protect any
person or class of persons.
17.04.020 STATE BUILDING CODE - ADOPTION.
In accordance with Ch. 19.27 RCW, the following codes (collectively, the "building
codes") together with any additions, deletions, and exceptions currently enacted or as may be
amended from time to time by the State of Washington through its Building Code Council
pursuant to the Washington Administrative Code ("WAC"), and as further amended in this
chapter, are adopted by reference:
(a) The International Building Code, 2003 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC.
(b) The International Residential Code, 2003 Edition, published by the
International Code Council, Inc., as amended pursuant to Ch. 51-51 WAC.
(c) The International Mechanical Code, 2003 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC.
(d) The Uniform Plumbing Code, 2003 Edition, published by the International
Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC
and The Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing
Code), as amended pursuant to Chapter 51-57 WAC.
(e) The Uniform Housing Code, 1997 Edition, published by the international
Conference of Building Officials.
(f) The Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, published by the International Conference of Building Officials.
(g) The Washington State Energy Code as written by the Washington State
Building Code Council pursuant to Chapter 51-11 WAC.
(h) The Washington State Ventilation and Indoor Air Quality Code as written
by the Washington State Building Code Council pursuant to Chapter 51-13 WAC.
(i) The Uniform Building Code, 1997 Edition, published by the International
Conference of Building Officials for the limited purpose to enforce the Uniform Code for the
Abatement of Dangerous Buildings and the Uniform Housing Code referenced above.
(j). The Uniform Mechanical Code, 1997 Edition, published by the
International Conference of Building Officials for the limited purpose to enforce the Uniform
Code for the Abatement of Dangerous Buildings and the Uniform Housing Code referenced
above.
One (1) copy of each of these codes is on file with the City's building official.
17.04.030 CODE CONFLICTS.
To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of
the state building codes adopted by the Washington State Building Code Council and the
provisions of Chapter 17.04 of the Bremerton Municipal Code, the Bremerton Municipal Code
provisions shall govern. In cases of conflict among the codes enumerated in Section 17.04.020
(a) through (j) above, the first named shall govern over those following.
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2 Adoption
17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE -
ADMINISTRATION.
The following local amendments to the International Building Code previously adopted
in BMC 17.04.030 are hereby adopted and incorporated into the International Building Code:
(a) General- Building code appendices adopted. Section 101 of the International
Building Code, entitled "General," is amended by adding the following new subsection 101.5:
Sec. 101.5 Building code appendices adopted. Appendices C, H, I, and
J to the International Building Code are hereby adopted; however, the
public works director shall have the authority to enforce and interpret
Appendix J and, accordingly, all references to the "building official" in
Appendix J shall be substituted with the words "public works director."
(b) Duties and powers of building official - Lot lines and setback lines. Section 104
of the International Building Code, entitled "Duties and Powers of Building Official," is
amended by adding the following new subsection 104.12:
Sec. 104.12 Lot lines and setback lines. Notwithstanding the
authority of the building official to administer and enforce the building
code, the building official shall have no duty to verify or establish lot
lines or setback lines. No such duty is created by this code, and none
shall be implied.
(c) Board of Appeals. Section 112 of the International Building Code, entitled
"Board of Appeals," is amended by substituting Section 112 with the following:
See. 112 Board of appeals. The City of Bremerton hearings examiner
is designated as the board of appeals in order to hear and decide appeals
of orders, decisions, or determinations made by the building official
relative to the suitability of alternate materials, design, and methods of
construction and appeals of the reasonable application and interpretation
of the building codes. Appeals shall be made as set forth in section
17.04.140 of the Bremerton Municipal Code.
17.04.050 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE -
SECTION 903, AUTOMATIC SPRINKLER SYSTEMS.
The following local amendments to Section 903 of the International Building Code,
entitled "Automatic Sprinkler Systems," are adopted and incorporated into the International
Building Code:
(a) Automatic sprinkler systems - Where required. Section 903 oftbe International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2 with the following:
Sec. 903.2 Where required. Approved fire sprinkler systems shall be
installed as follows:
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3 Adoption
1. In all buildings without adequate fire flow as required by this
code.
Exception: Group U Occupancies.
2. All ne~v buildings and structures with a gross floor area of
10,000 or more square feet (929 2 · ·
m ), or where this code prowdes a more
restrictive floor area requirement, and shall be provided in all locations
or where described by this code.
Exception: Spaces or areas in telecommunications buildings used
exclusively for telecommunications equipment, associated electrical
power distribution equipment, batteries, and standby engines,
provided those spaces or areas are equipped throughout with an
automatic fire alarm system and are separated from the remainder of
the building by a wall with a fire-resistance rating of not less than 1
hour and a floor/ceiling assembly with a fire-resistance rating of not
less than 2 hours.
3. Where this code requires the installation of an automatic
sprinkler system to protect an occupancy within an other~vise non-
sprinkled building, then automatic sprinkler protection will be required
throug~aout the entire building.
4. Only 4 hour area separation walls without openings shall constitute
separate buildings to allow for a fire sprinkler exemption.
(b) Automatic sprinkler systems - Where required. Section 903 of the International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.1 with the following:
Sec. 903.2.1 Group A. An automatic sprinkler system shall be
provided throughout buildings and portions thereof used as Group A
occupancies as provided in this section. For Group A-l, A-2, A-3, and
A-4 occupancies, the automatic sprinkler system shall be provided
throughout the entire building. For Group A-5 occupancies, the
automatic sprinkler system shall be provided in the spaces indicated in
903.2.1.5.
(c) Automatic sprinkler systems - Where required. Section 903 of the International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.1.1 with the following:
Sec. 903.2.1.1 Group A-1. An automatic sprinkler system shall be
provided for Group A-1 occupancies where one of the following
conditions exists:
1. The gross fire area of the building exceeds 10,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than the level of exit
discharge.
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4 Adoption
4. The fire area contains a multi-theater complex.
5. Dance halls where the total gross floor area exceeds 5,000
square feet (465 m2).
(d) Automatic sprinkler systems - I4Zhere required. Section 903 of the International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.1.2 with the following:
Sec. 903.2.1.2 Group A-2. An automatic sprinkler system shall be
provided for Group A-2 occupancies where one of the following
conditions exists:
1. The fire area of the building exceeds 5,000 square feet.
2. The fire area has an occupant load of 100 or more.
3. The fire area is located on a floor other than the level of exit
discharge.
(e) Automatic sprinkler systems - I~here required. Section 903 of the International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.1.3 with the following:
Sec. 903.2.1.3 Group A~3. An automatic sprinkler system shall be
provided for Group A-3 occupancies where one of the following
conditions exists:
1. The fire area of the building exceeds 10,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than the level of exit
discharge.
Exception. Areas used exclusively as participant sports arena areas
where the main floor area is located at the same level as the level of
exit discharge of the main entrance and exit.
(f) Automatic sprinkler systems - tJ"here required. Section 903 of the International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.1.4 with the following:
Sec. 903.2.1.4 Group A-4. An automatic sprinkler system shall be
provided for Group A-4 occupancies where one of the following
conditions exists:
1. The fire area of the building exceeds 10,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than the level of exit
discharge.
Exception. Areas used exclusively as participant sports arena areas
where the main floor area is located at the same level as the level of
exit discharge of the main entrance and exit.
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5 Adoption
(g) Automatic sprinkler systems - kFhere required. Section 903 of the International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.2 with the following:
Sec. 903.2.2 Group E. An automatic sphnkler system shall be provided
for Group E occupancies as follows:
1. Throughout all Group E occupancies where the fire area of the
building exceeds 10,000 square feet.
2. Throughout every portion of educational buildings below the
level of exit discharge.
Exception. An automatic sprinkler system is not required in any
fire area or area below the level of exit discharge where every
classroom throughout the building has at least one exterior exit door
at ground level.
3. Throughout all newly constructed Group E occupancies having
an occupant load of 50 or more for more than 12 hours per week or four
hours in any one day. A minimum water supply meeting the
requirements of NFPA 13 shall be required. The fire code official may
reduce fire flow requirements for buildings protected by an approved
automatic sprinkler system.
For the purpose of this section, additions exceeding 60 percent of
the assessed value of such building or structure, or alterations and
repairs to any portion of a building or structure within a twelve-month
period that exceeds 100 pement of the value of such building or
structure shall be considered new construction. In the case of additions,
only 4 hour area separation walls shall define separate buildings
regarding sprinkler requirements. Exceptions.
I. Portable school classrooms, provided aggregate areas of clusters
of portable school classrooms does not exceed 5,000 square feet
(1465 m2); and clusters of portable school classrooms shall be
separated as required in Chapter 5 of the building code.
2. Group E day care.
When not required by other provisions of this chapter, a fire-
extinguishing system installed in accordance with NFPA 13 may be
used for increases and substitutions allowed in Section 504.2, 506.3, and
Table 601 of the building code.
(h) Automatic sprinkler systems - Ig'here required. Section 903 of the International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.3 with the following:
Sec. 903.2.3 Group F. An automatic sprinkler system shall be provided
throughout all buildings containing a Group F occupancy where one of
the following conditions exists:
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6 Adoption
1. Where the fire area of the building exceeds 10,000 square feet;
or
2. Where a Group F-1 fire area is located more than three stories
above grade.
(i) Automatic sprinkler systems - Ifhere required. Section 903 of the International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.6 with the following:
Sec. 903.2.6 Group M. An automatic sprinkler system shall be
provided throughout all buildings containing a Group M occupancy
where one of the following conditions exists:
1. Where the fire area of the building exceeds 10,000 square feet;
or
2. Where a Group F-1 fire area is located more than three stories
above grade.
(j) Automatic sprinkler systems - Speculative use warehouses. Section 903 of the
International Building Code, entitled "Automatic Sprinkler Systems," is amended by adding the
following new subsection 903.2.8.3:
Sec. 903.2.8.3. Speculative use warehouses. Where the occupant,
tenant, or use of the building or storage commodity has not been
determined or it is otherwise a speculative use warehouse or building,
the automatic sprinkler system shall be designed and installed in
accordance with the following:
1. The design area shall be not less than 5,600 square feet (520 m2).
2. The density shall be not less than that for class IV non-
encapsulated commodities on wood pallets, with no solid, slatted, or
wire mesh shelving, and with aisles that are 8 feet or more in width and
up to 20 feet in height.
3. Sprinkler piping that is 4 inches and larger in width shall be used
and the structural engineer of record shall provide written verification
approving of the point and dead loads.
(k) Automatic sprinkler systems - Where required. Section 903 of the International
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.8 with the following:
Sec. 903.2.8 Group S-1. An automatic sprinkler system shall be
provided throughout all buildings containing a Group S-1 occupancy
where one of the following conditions exists:
1. Where the fire area of the buitding exceeds 10,000 square feet;
or
2. Where a Group S-1 tim area is located mom than three stories
above grade.
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7 Adoption
(l) Automatic sprinkler systems - IVhere required. Section 903 of the Intelvlational
Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection
903.2.7 with the following:
See. 903.2.7 Group R. All Group R occupancies of five (5) or more units
shall be equipped with an automatic sprinkler system installed in
accordance with 903.3. Sprinkler heads in kitchens shall be installed (on
the ceiling) no more than 2 feet out fi.om the fi'ont of the stove top.
(m) Automatic sprinkler systems Installation Requirements. Section 903 of the
hlternational Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting
subsection 903.3.7 5vith the following:
Sec. 903.3.7 Fire departments connection locations. All fire department
connection locations (F.D.C.'s) to automatic sprinklers and/or standpipe
systems shall be located not less than 3 feet, nor more than 10 feet from the
finished edge of an approved fire apparatus access road. F.D.C.'s shall not
be located more than 50 feet from a fire hydrant. F.D.C.'s and fire hydrants
shall be located on the same side of an approved apparatus access road.
F.D.C.'s serving sprinkler systems shall not be located on the wall of a
building, unless approved by the fire code official. F.D.C.'s serving class 1
or 3 standpipe systems may be located on walls, provided such walls are of
fire resistive or noncombustible construction.
Exception. F.D.C.'s that are not able to be located away from awall due
to physical restrictions, may be located in an area approved by the fire
code official. F.D.C.'s shall be installed/located at the front o£ the
building not less than 18 inches nor more than 36 inches above the
finished grade of an approved fire apparatus access road. F.D.C.'s shall
not be obstructed by vehicle parking, carports, garages, refuse storage
containers, fences, landscaping or other obscuring features. FDC's shall
be provided with tight fitting threaded caps or Knox type lockable caps.
(n) Automatic sprinMer systems - Alarms. Section 903 of the International Building
Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.4.2
~vith the following:
Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm
devices shall be connected to every automatic sprinkler system. Such
sprinkler water-flow alarm devices shall be activated by water flow
equivalent to the flow of a single sprinkler of the smallest orifice size
installed in the system. Alarm devices shall be water-motor operated and
shall be provided on the exterior of the building in an approved location
at each riser or riser group.
International Building Codes-
8 Adoption
Exception: NFPA 13D and NFPA 13R sprinkler systems may
utilize an electrically operated alarm bell on the exterior of the
building in an approved location at each riser or riser group,
provided that the electrically operated alarm bell cannot be silenced
during water flow.
9.03.4.2.1 Alarms - Interior notification. Actuation of the automatic
sprinkler system shall actuate interior audible/visual notification
appliances as outlined in NFPA 72 at all exits from all floors or where a
fire alarm system is installed. The fire alam~ system notification circuits
shall provide the interior notification.
Exception: NFPA 13D and NFPA 13R sprinkler systems do not
require inter/or audible/visual notification appliances, except ifa fire
alarm system is installed, then the fire alarm system notification
circuits shall provide the interior notification.
17.04.060 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE -
SECTION 907 FIRE ALARM AND DETECTION SYSTEMS.
The following local amendments to Section 907 of the International Building Code,
entitled "Fire Alarm and Detection Systems" are adopted and incorporated into the International
BuiMing Code:
(a) Fire alarm and detection systems - General. Section 907 of the International
Building Code, entitled "Fire Alarm and Detection Systems," is amended to add subsection
907.1.3 as follows:
Sec 907.1.3 Fire detection system. In addition to any requirement of
subsection 907.2 or 907.3, all occupancies exceeding 4,000 square feet
gross floor area shall be required to provide an approved addressable
automatic fire detection system to meet NFPA 72 requirements. Fire
walls as noted in the International Building Code shall not be
considered to separate a building to enable deletion of the required fire
detection system unless the fire walls are as defined in section 902 of
this code.
Exceptions:
1. Group U Occupancies.
2. Occupancies protected throughout by an approved/monitored
automatic sprinkler system can delete heat detectors from the
system.
3. One and two family residences.
4. Those buildings that require 10 or less fire alarm devises
pursuant to 907.2.
(b) Fire alarm and detection systems - Where Required. Section 907 of the
International Building Code, entitled "Fire Alarm and Detection Systems," is amended by
substituting subsection 907.2 with the following:
International Building Codes~
9 Adoption
Sec. 907.2 Where required. In addition to the requirements set forth in
Sections 907.2.1 through 907.2.23, all new occupancies of Groups A, B,
E, F, H, I, M, R, and S, within new or existing buildings or structures,
where the fire area exceeds 4000 square feet, an approved manual and
automatic fire alarm system shall be provided. Approved addressable
fire alarm systems will be required in all buildings having 10 or more
fire alarm system devices. Where automatic sprinkler protection
installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided
and connected to the fire alarm system, automatic heat detection
requirements of this section may be modified upon specific approval by
the fire code official.
In all remodels of existing non-sprinkled buildings over 4,000
square feet gross floor area, when the value ofanyremodel work exceeds 50
percent of the buildings assessed valuation.
In any non-sprh~kled existing building over 4,000 square feet gross
floor area when a change in occupancy use classification occurs.
(c) Fire alarm and detection systems - Duct smoke detectors. Section 907 of the
International Building Code, entitled "Fire Alarm and Detection Systems," is amended to repeaI
Exception 1 in subsection 907.12. The amended subsection 907.12 reads as follows:
Sec. 907.12 Duct smoke detectors. Duct smoke detectors shall be
connected to the building's fire alarm control panel when a fire alarm
system is provided. Activation ora duct smoke detector shall initiate a
visible and audible supervisory signal at a constantly attended location.
Duct smoke detectors shall not be used as a substitute for required open
area detection.
Exception: In occupancies not required to be equipped with a fire
alarm system, actuation of a smoke detector shall activate a visible
and an audible signal in an approved location. Smoke detector
trouble conditions shall activate a visible or audible signal in an
approved location and shall be identified as air duct detector trouble.
(d) Fire alarm and detection systems - Monitoring. Section 907 of the International
Building Code, entitled "Fire Alarm and Detection Systems," is amended by substituting
subsection 907.15 with the following:
Sec. 907.15 Monitoring. Where fire alarm systems are required by this
chapter or by the International Building Code, a U.L.-listed central
monitoring station in accordance with NFPA 72 shall monitor fire alarm
systems.
Exception: Supervisory service is not required for:
1. Single-and multiple-station smoke alarms required by Section
907.2.10.
2. Smoke detectors in Group I-3 occupancies.
International Building Codes-
10 Adoption
3. Automatic sprinkler systems in one- and two-family dwellings.
4. Those existing R-1 and R-2 occupancies that are addressed by
section 18.03.120(a) of the Bremerton Municipal Code.
(e) Fire alarm and detection systems - Monitoring. Section 907 of the International
Buihling Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new
subsection 907.17.1:
Sec. 907.17.1 Testing Prerequisites. Upon completion of the installation
or alteration, a satisfactory test of the entire system and its functions shall be
made in the in the presence of the fire code official within two weeks of
completion of installation. Prior to the acceptance test, written
documentation shall be provided to the fire department certifying that the
system has been installed and pre-tested in accordance with the approved
plans and specifications.
(f) Fire alarm and detection systems - Monitoring. Section 907 of the International
Building Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new
subsection 907.21:
Sec. 907.21. Location/Security. The control unit, remote annunciator,
alarm panel, and access keys to locked fire alarm equipment shall be
installed and maintained in a locafion approved by the fire code official All
occupancies equipped with a fire sprinkler or alarm system shall install a
key safe below an exterior horn strobe and near the access to the remote
annunciator or main entrance. Alarm panel access keys and building access
keys or master keys shall be provided and kept in an on-site wall mounted
entry key safe provided by the building owner and shall meet specifications
of the fire code official.
(g) Fire alarm and detection systems - Monitoring. Section 907 of the International
Building Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new
subsection 907.22:
Sec. 907.22. Instructions. Written operating instructions for the fire alarm
system shall be provided and kept in an on-site wall mounted entry key safe
provided by the building owner and shall meet specifications of fire code
official. All alarm systems shall be capable of being silenced without
having to be reset. Alarm panels that require a reset code to silence or reset
the system shall be programmed with a fire depamnent reset code that is
approved by the fire code official.
17.04.070 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE -
SECTION 3002 ELEVATORS AND CONVEYING SYSTEMS
The following local amendments to Section 3002 of the International Building Code
entitled "Elevator and Conveying Systems" are adopted and incorporated into the International
Building Code:
International Building Codes-
11 Adoption
(a) Elevators and conveying systems. Section 3002.4 entitled "Elevator Car to
accommodate ambulance" is amended by substituting Section 3002.4 with the following:
3002.4 Elevator car to accommodate ambulance stretcher. In
buildings three stories in height or more, at least one elevator shall be
provided for fire department emergency access to all floors. Such
elevator car shall be of such a size and arrangement to accommodate a
24-inch by 76-inch (610 mm by 1930 mm) ambulance stretcher in the
horizontal, open position and shall be identified by the international
symbol for emergency medical services (star of life). The symbol shall
not be less than 3 inches (76 mm) high and shall be placed inside on
both sides of the hoistway door frame.
17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE.
The following local amendments to the International Residential Code previously
adopted in Bremerton Municipal Code 17.04.030 are hereby adopted and incorporated into the
International Residential Code:
(a) Duties and powers of building official - Lot lines and setback lines. Section R104
of the International Residential Code, entitled "Duties and Powers of Building Official," is
amended by adding the following new subsection R 104.12:
Sec. R104.12 Lot lines and setback lines. Notwithstanding the
authority of the building official to administer and enforce the building
code, the building official shall have no duty to verify or establish lot
lines or setback lines. No such duty is created by this code, and none
shall be implied.
(b) Board of appeals. Section Rl l2 of the lnternational Residential Code, entitled
"Board of Appeals," is amended by substituting Section R112 with the following:
Sec. Rl12.1 Board of appeals. The City of Bremerton hearings
examiner is designated as the board of appeals in order to hear and
decide appeals of orders, decisions, or determinations made by the
building official relative to the suitability of alternate materials, design,
and methods of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be made as set
forth in section 17.04.140 of the Bremerton Municipal Code.
17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE.
The following local amendments to the International Mechanical Code previously
adopted in Bremerton Municipal Code 17.04.030 are hereby adopted and incorporated into the
International Mechanical Code as if fully set forth therein.
(a) Violations - Penalties. Section 108 of the International Mechanical Code,
entitled "Violations," is amended by substituting subsection 108.4 with the following:
Sec. 108.4 Penalties. Any person who violates a provision of this code
or fails to comply with any of its requirements or who erects, installs,
International Building Codes-
12 Adoption
alters, or repairs mechanical work in violation of: (a) the approved
construction documents, (b) a directive of the building code official, or
(c) a permit or certificate issued under the provisions of this code, shall
be subject to penalties as set forth in section 17.04.150 of the
Bremerton Municipal Code or as otherwise provided by law.
(b) Means of appeal - Board of appeals. Section 109 of the International Mechanical
Code, entitled "Means of Appeal," is amended by substituting Section 109 with the following:
Sec. 109 Board of appeals. The City of Bremerton hearings examiner
is designated as the board of appeals in order to hear and decide appeals
of orders, decisions, or determinations made by the building official
relative to the suitability of alternate materials, designs, and methods of
construction and appeals of the reasonable application and interpretation
of the building codes. Appeals shall be made as set forth in section
17.04.140 of the Bremerton Municipal Code.
17.04.100 AMENDMENTS TO THE UNIFORM PLUMBING CODE.
The following local amendments to the Uniform Plumbing Code previously adopted in
BMC t7.04.030 are hereby adopted and incorporated into the Uniform Plumbing Code:
(a) Title, scope, and general - Appendices adopted. Section 101 of the Uniform
Plumbing Code, entitled "Title, Scope, and General," is amended by adding the following new
subsection 101.6:
Sec. 101.6 Appendices adopted. The Uniform Plumbing Code
standards set forth in Appendices A, B, and I of the Uniform Plumbing
Code are hereby adopted.
(b) Organization and enforcement - Penalties. Section 102 of the Uniform Plumbing
Code, entitled "Organization and Enforcement," is amended by substituting subsection 102.3.2
with the following:
Sec. 102.3.2 Penalties. Any person who violates a provision of this
code or fails to comply with any of its requirements or who erects,
installs, alters, or repairs plumbing work in violation of: (a) the
approved construction documents, (b) a directive of the building code
official, or (c) a permit or certificate issued under the provisions of this
code, shall be subject to penalties as set forth in section 17.04.150 of the
Bremerton Municipal Code or as otherwise provided by law.
(c) Organization and enforcement - Board of appeals. Section 102 of the Uniform
Plumbing Code, entitled "Organization and enforcement," is amended by substituting subsection
102.4, a subsection that was added to the state code in accordance with WAC 51-56-0100, with
the following:
Sec. 102.4 Board of appeals. The City of Bremerton hearings
examiner is designated as the board of appeals in order to hear and
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13 Adoption
decide appeals of orders, decisions, or determinations made by the
building official relative to the suitability of alternate materials, designs,
and methods of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be made as set
forth in section 17.04.140 of the Bremerton Municipal Code.
17.04.110 AMENDMENTS TO THE UNIFORM HOUSING CODE (UHC).
The following local amendments to the Uniform Housing Code previously adopted in
BMC 17.04.030 are hereby adopted as if fully set forth therein.
(a) Repealer. Chapters 12 through 13 of the Uniform Housing Code are hereby
repealed.
(b) Board of appeals. Section 203 of the Uniform Housing Code, entitled "Board of
appeals," is amended by substituting Section 203 with the following:
Sec. 203 Board of appeals. The City of Bremerton hearings examiner
is designated as the board of appeals in order to hear and decide appeals
of orders, decisions, or determinations made by the building official
relative to the suitability of alternate materials, design, and methods of
construction and appeals of the reasonable application and interpretation
of the building codes. Appeals shall be made as set forth in section
17.04. i40 of the Bremerton Municipal Code.
(c) Violations. Section 204 of the Uniform Housing Code, entitled "Violations," is
amended by substituting Section 204 with the following: Sec. 204 Violations
204.1 Unlawful acts. It shall be unlawful for any person, firm, or
corporation to erect, construct, alter, extend, repair, move, remove,
demolish, or occupy any building, structure, or equipment regulated by
this code, or cause same to be done, in conflict with or in violation of
any of the provisions of this code.
204.2 Violation penalties. Anyperson who violates aprovision of this
code or fails to comply with any of its requirements or who erects,
constructs, alters or repairs a building or structure in violation of: (a) the
approved construction documents, (b) a directive of the building
official, or (c) a permit or certificate issued under the provisions of this
code, shall be subject to penalties as set forth in section 17.04.150 of the
Bremerton Municipal Code or as otherwise provided by law.
(a) UHC Section 1001.2(15) is amended to read:
Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they
are unsanitary. Inadequate sanitation shall include, but not be limited to, the following:
(15) Lack of adequate garbage and rubbish storage and removal of
facilities as determined by the building official.
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14 Adoption
17.04.120 AMENDMENTS TO THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS (DBC).
(a) Repealer. Chapters 5 and 6, of the Uniform Code for the Abatement of
Dangerous Buildings are repealed.
(b) Purpose. Section 102.1 of the Uniform Code for the Abatement of Dangerous
Buildings entitled "Purpose" is amended by substituting Section 102.1 with the following:
102.1 Purpose. It is the purpose of this code to provide a just, equitable
and practicable method, to be cumulative with and in addition to any
other remedy provided by thc Building Code, Housing Code or
otherwise available by law, whereby buildings or structures which from
any cause endanger the life, limb, health, morals, property, safety or
welfare of the general public or their occupants may be required to be
repaired, vacated or demolished.
It is hereby found that there exists within the City dwellings
which are unfit for human habitation, and building structures, and
premises or portions thereof which are unfit for other uses due to
dilapidation, disrepair, structural defects, defects increasing the hazards
of fire, accidents, or other calamities, inadequate ventilation and
uncleanliness, inadequate light or sanitary facilities, inadequate
drainage, overcrowding, or due to other conditions which arc inimical to
the health and welfare of the residents of this City.
The purpose of this code is not to create or otherwise establish or
designate any particular class or group of persons who will or should be
especially protected or benefited by the terms of this code.
(c) Abatement of dangerous buildings. Section 202 of the Uniform Code for the
Abatement of Dangerous Buildings, entitled "Abatement of Dangerous Buildings," is amended
by substituting Section 202 with the following:
Sec. 202. Abatement of dangerous buildings. All buildings or
portions thereof which are determined after inspection by the building
official to be dangerous as defined in this code are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation, demolition
or removal.
(d) l/iolations. Section 203 of the Uniform Code for the Abatement of Dangerous
BuiMings, entitled "Violations," is amended by substituting Section 203 with the following:
Sec. 203 Violations.
203.1 Unlawful acts. It shall be unlawful for any person, firm, or
corporation to erect, construct, alter, extend, repair, move, remove,
demolish, or occupy any building, structure, or equipment regulated by
this code, or cause the same to be done, in conflict with or in violation
of any of the provisions of this code.
International Building Codes-
15 Adoption
203.2 Violation penalties. Any person who violates a provision of this
code or fails to comply with any of its requirements or who erects,
constructs, alters or repairs a building or structure in violation of: (a) the
approved construction documents, (b) a directive of the building
official, or (c) a permit or certificate issued under the provisions of this
code, shall be subject to penalties as set forth in section 17.04.150 of the
Bremerton Municipal Code or as otherwise provided by law.
(e) Board of Appeals. Section 205 of the Uniform Code for the Abatement of
Dangerous Buildings, entitled "Board of Appeals," is amended by substituting Section 205 with
the following:
Sec. 205 Board of appeals. The City of Bremerton hearings examiner
is designated as the board of appeals in order to hear and decide appeals
of orders, decisions, or determinations made by the building official
relative to the suitability of alternate materials, designs, and methods of
constmction and appeals of the reasonable application and interpretation
of the building codes. Appeals shall be made as set forth in section
17.04.140 of the Bremerton Municipal Code.
(f) General - Definitions. Section 301 of the Uniform Code for the Abatement of
Dangerous Buildings is amended as follows:
Sec. 301 General. For the purpose of this code, certain terms, phrases,
words, and their derivatives shall be construed as specified in either this
chapter or as specified in the building code or the housing code. Where
terms are not defined, they shall have their ordinary accepted meanings
within the context with which they are used. "Webster's Third New
International Dictionary of the English Language, Unabridged,"
copyright 1986, shall be construed as providing ordinary accepted
meanings. Words used in the singular include the plural and the plural
the singular. Words used in the masculine gender include the feminine
and the feminine the masculine. Building code is the International
Building Code or the International Residential Code, as may be
applicable, promulgated by the International Code Council, Inc., as
adopted by this jurisdiction. Dangerous building is any building or
structure deemed to be dangerous under the provision of section 302 of
this code. Endangered as used in section 302 means negatively affected,
to any degree, by any and all conditions, actions or omissions which,
singularly or together, reduce or are likely to reduce or negatively
impact the life or limb, health, property or safety of the public, including
but not limited to, economy in the provision of public service, general
welfare, economic viability, or security in the enjoyment of the
community. Health officer as used in this code shall mean the building
official or his or her designee. Housing code is the Uniform Housing
International Building Codes-
16 /t doption
Code promulgated by the h~temational Conference of Building
Officials, as adopted by this jurisdiction.
(g) Unfit Buildings and Premises. Section 302 of the Uniform Code for the
Abatement of Dangerous Buildings entitled "Unfit Buildings and Premises" is amended as
follows:
302 Unfit Buildings And Premises.
For the purpose of this code, any building, structure or premises
which has any or all of the conditions or defects hereinafter described
shall be deemed to be an unfit building or premises, provided that
such conditions or defects exist to the extent that the life, health,
property or safety of the public or its occupants are endangered:
15. Whenever any building, structure or premises, because of
inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air or sanitation
facilities, accumulation of garbage or refuse, or otherwise, is
determined by the building officer to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or
disease to the occupants, occupants of neighboring dwellings or other
residents of the city. When a structure or premises is declared unfit
under this subsection, repair as used in the DBC shall include
removal of the condition.
(h) Account Expense, Filing of Report. Section 901 of the Uniform Code for the
Abatement of Dangerous Buildings entitled "Unfit Buildings and Premises" is amended as
follows:
901 Account Of Expense, Filing Of Report.
The director of public works shall keep an itemized account of the
expense incurred by this jurisdiction in the repair or demolition of any
building or premises done pursuant to the provisions of Section
701.3, Item 3, of this code, the cost of vacation and closing a building
under 403 and the administrative costs incidental to abatement as set
by council resolution. Upon the completion of the work or repair,
removal or demolition, said director shall prepare and file with the
clerk of this jurisdiction a report specifying the work done, the
itemized and total cost of the work including administrative charge, a
description of the real property upon which the building or structure
or condition is or was located, and the names and addresses of the
persons entitled to notice pursuant to Section 401.3.
International Building Codes-
17 Adoption
(i) Interest. Section 908(b) of the Uniform Cocle for the Abatement of Dangerous
Buildings entitled "Interest" is amended as follows: 908(b) Interest.
All such assessments remaining unpaid after 30 days from the date of
recording on the assessment roll shall become delinquent and shall
bear interest at the rate provided for in RCW 84.56.020 as now or
hereafter amended for delinquent taxes from and after said date.
CJ) Report to Assessor and Tax Collector: Adclition of Assessment to Tax Bill.
Section 909 of the Uniform Code for the Abatement of Dangerous Buildings entitled "Report to
Assessor and Tax Collector: Addition to Tax Bill" is amended as follows:
909 Report To Assessor And Tax Collector: Addition Of
Assessment To Tax Bill.
After confirmation of the report, the Treasurer shall certify to the
County Treasurer the amount of such assessment due and owing.
(k) Collection of Assessment: Penalties for Foreclosure. Section 911 of the Uniform
Code for the Abatement of Dangerous Buildings entitled "Collection of Assessment: Penalties for
Foreclosure" is amended as follows:
911 Collection of Assessment: Penalties for Foreclosure. shall be
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 as
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 this 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.
17.04.130 BUILDING CODES - FEES.
The fees to be assessed for the codes adopted in this Chapter shall be as set forth in BMC
3.01.040 Community Development Rate Table C, as currently enacted or as hereafter amended.
17.04.140 APPEALS.
(a) Appeals to the hearing examiner.
(1) Jurisdiction. The City hearings examiner has been designated as the board
of appeals and shall have .jurisdiction over all matters concerning the application of the building
codes cited in Ch. 17.04 BMC. The City hearings examiner, however, shall have no authority
International Building Codes-
18 Adoption
relative to interpretation of the administrative provisions of these codes, nor shall the City
hearings examiner be empowered to waive requirements of these building codes.
(2) Filing. Appeals shall be filed with the hearings examiner in accordance
with Ch. 2.13 Bremerton Municipal Code.
(3) Standing. Standing to bring an appeal under this chapter is limited to the
following persons:
(i) The applicant and the owner of property to which the permit
decision is directed.
(ii) Ad, other person aggrieved or adversely affected by the order,
determination, or decision, or who would be aggrieved or adversely affected by a reversal or
modification of the order, determination, or decision. A person who is aggrieved or adversely
affected within the meaning of this section only when ali of the following conditions are present:
a. The order, determination, or decision has prejudiced or is
likely to prejudice that person;
b. A judgment in favor of that person would substantially
eliminate or redress the prejudice to that person caused or likely to be caused by the order,
determination, or decision; and
c. The appellant has exhausted his or her administrative
remedies to the extent required by law.
(b) Appeals to superior court. Appeals to the hearings examiner shall be made
pursuant to Ch. 2.13 Bremerton Municipal Code.
17.04.150 VIOLATION - PENALTY.
(a) Any violation of any provision of the City Building Code, Chapter 17.04 BMC,
constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed
and abatement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or by
law, any person who violates any provision of the City Building Code, Chapter 17.04 BMC, shall be
guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC.
SECTION 2. Finding of an Emergency. Pursuant to City of Bremerton Charter Section
15(4)(b), the City Council declares an emergency to exist and authorizes this ordinance to become
effective upon passage and publication.
SECTION 3. The provisions of Section 1 as adopted herein shall become effective July 1,
2004 in accordance with state laws.
SECTION4. Savings. The existing sections of the Bremerton Municipal Code, which
are repealed, replaced, and/or amended by tkis ordinance, shall remain in full force and effect
until the effective date of this ordinance.
International Building Codes-
19 Adoption
SECTIONS. SeverabilitV. If any one or more sections, subsections, or sentences of this
ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of
the remaining portion of this ordinance and the same shall remain in full force and effect.
SECTION 6. Effective date. This Ordinance shall take effect and be in force on July 1,
2004.
APPROVED by the City Council theOriSt- day of ~ ,2004
//
by the City Council the o~,.~,~ day of ~ ,2004
PASSED
D'~AREN NYGI~N0, ~j~cil President
Approved this ~ day of (~.~.~.~- .2004
CARY BOZEI~AN, Mayor
ATTEST:=o ~L_. ~-)f APPROVED AS TO FORM:
P'~ULA JO TON', Interim City Clerk OGER A. LUBOVICH, O~y Attorney
PUBLISHED the~u~L day of (~-,,.t.~ 2 ,2004
EFFECTIVE the~y~day of (~_ ,2004
ORDINANCE NO. z/.qt9 ~ t/ ~
R:\LEGAL\Ordinances\Community Development\Interaational BuildingCodes-Adoption.doc
International Building Codes-
20 Adoption
AFFIDAVIT OF PUBLICATION
No. Ad # 100111405
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Robin Alexander, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE
SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the
County of Kitsap, in which County it is published and is now and has been for more than six months prior
to the date of the publication hereinafter referred to, published in the English language continually as a
daily newspaper in Bremerton, Kitsap County, Washington, and is now and during att of said time, was
printed in an office maintained in the aforesaid place of publication of said newspaper; June 28, 2004 and
that such newspaper was regularly distributed to its subscribers during all of said period. That the full
amotmt of the fee charged for the foregoing publication is the sum of $51.7~which amount as not been
paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of July 2, 2004.
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE 4904'
AN EMERGENCY ORDINANCE of the City Council of the City of Bremerton, Washington, amending
Tide 17 of the Bremerton Municipal Code to repeal the adoption of the 1997 edition of the Uniform
Plumbing Code; to adopt the 2003 edition of the International Building Code, International Residential
Code, International Mechanical Code, and the 1997 edition of the Uniform Building Code, Uniform
Mechanical Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code
Council; and to make other housekeeping amendments to various Bremerton Municipal Code provisions to
reference the International Codes as opposed to the Uniform Codes, and further declaring an emergency.-
APPROVED by the City Council the 14th day of June, 2004.-
PASSED by the City Council the 23rd day of June, 2004.-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA
98337.-
June 28, 2004oo#100111405-