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HomeMy WebLinkAbout5304 ORDINANCE NO. 5304 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 17.04 of the Bremerton Municipal Code entitled "City Building Code" by adopting the 2015 editions of the International Building Code, International Existing Building Code, International Residential Code, International Mechanical Code, Uniform Plumbing Code, International Property Maintenance Code, International Fuel Gas Code, and International Energy Conservation Code as amended by the Washington State Building Code Council or published by the International Code Council; and related amendments. WHEREAS, as set forth in Section 17.04.020 of the Bremerton Municipal Code, the City has adopted various Washington State and International building codes and made certain amendments to those codes as set forth in Chapter 17.04 BMC; and WHEREAS,pursuant to Chapter 19.27 RCW, the 2015 editions of the International Building Code, International Existing Building Code, International Residential Code, International Mechanical Code, Uniform Plumbing Code, International Fuel Gas Code, and International Energy Conservation Code, as amended by the State of Washington, apply to all cities, including the City of Bremerton, effective July 1, 2016; therefore, it is appropriate to amend the Bremerton Municipal Code to formally adopt the same; and WHEREAS,the City Council also desires to make additional amendments to the International Building Code as set forth in Section 17.04.040 of the Bremerton Municipal Code; and WHEREAS, the City Council also desires to make additional amendments to the International Existing Building Code in new Section 17.04.050 of the Bremerton Municipal Code; and WHEREAS,the City Council also desires to make additional amendments to the International Residential Building Code as set forth in Section 17.04.080 of the Bremerton Municipal Code; and WHEREAS, the City Council also desires to make additional amendments to the International Properiy Maintenance Code as set forth in Section 17.04.110 of the Bremerton Municipal Code; and WHEREAS, on June 4, 2016, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and 1 20l S Building Code Updates and Amendments WHEREAS, on June 15, 2016, the City Council conducted a public hearing and considered all testimony prior to their decision;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION l. Section 17.04.020 of the Bremerton Municipal Code entitled "State Building Code- Adoption" is hereby amended to read as follows: 17.04.020 STATE BUILDING CODE -ADOPTION. In accordance with Chapter 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,�,�2015 Edition,published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. �b) The International Existing Buildin�Code, 2015 Edition,published b �} the International Code Council, Inc. as amended pursuant to Chapter 51-50 WAC. (�c� The International Residential Code,��2015Edition,published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC. (e-1� The International Mechanical Code,�-2015 Edition,published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC. (�� The Uniform Plumbing Code,��2015 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 International Property Maintenance Code,��2015 Edition, published by the International Code Council, Inc. (€g) The International Fuel Gas Code,��2015 Edition,published by the International Code Council, Inc., as amended pursuant to Chapter 52-52 WAC. (�h) The��2015 International Energy Conservation Code published by the International Code Council, Inc., as amended pursuant to Chapter 51-11 WAC. One (1) copy of each of these codes is on file with the City's Building Official. SECTION 2. Section 17.04.040 of the Bremerton Municipal Code entitled "Amendments to the International Building Code -Administration" is hereby amended to read as follows: 17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE— The following local amendments to the International Building Code�yLadopted in BMC 17.04.020 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: 2 20I5 Building Code Updates and Amendments 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) Certificate of Occupancv. Section 111 of the International Buildin�Code, entitled "Certificate of Occugancv" is amended to read as follows: Sec. 111.1 Use and occuuancv.A buildin�or structure shall not be used or occupied, and a change in the existing nse, occu ancv classification, or occupant of a buildin� or structure orportion thereof shall not be made,until the building official has issued a certificate of occupan�therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancv are not required for work exempt from_permits in accordance with Section 105.2. (ed) Board of Appeals. Section 113 of the International Building Code, entitled "Board of appeals," is amended by substituting Section 113 with the following: Sec. 113 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. (e) Appendix H—Si�ns. Appendix H of the International Buildin�Code, entitled"Signs," is herebv amended as follows: 1) Section H101.2 entitled"Si�ns Exempt from Permits" is amended to read as follows: Sec. H101.2 SiQns exempt from permits. The followin�si�ns are exempt from the requirements to obtain a pernut before erection: 1. Temporarv si�ns announcin�the sale or rent of propertv. 2. Signs erected bv transportation authorities. 3. The chan�gof moveable parts of an approved sign that is desi�ned for such chan�es shall not be deemed an alteration. 2) Section H109.2 entitled "Required clearances," is not adopted. SECTION 3. A new section, Section 17.04.050 of the Bremerton Municipal � Code, is hereby adopted to read as follows: 17.04.050 AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE 3 20l S Building Code Updates and Amendments The followin�local amendments to the International Existin�Buildin�Code adopted in BMC 17.04.050 are herebv adopted and incorporated into the International Existing Buildin� Code: �) Section 110 of the International Existing Building Code entitled "Certificate of Occupancy" is herebv amended bv amending subsection 110.1 to read as follows: Sec. 110.1 Altered area use and occupancv classification. Altered areas of a building and relocated buildin�s shall not be used or occupied; and chan�e in the existin� use, occupancv classification, or occupant of a building or portion thereof shall not be made until the code official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancv shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the iurisdiction. �b) Section 112 of the International Existin�Buildin� Code entitled"Board of Aaneals" is amended to read as follows: Sec. 112 Board of appeals. The Citv of Bremerton hearin�s examiner is desi�nated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made bv the building official relative to the suitabilitv of alternate materials, design and methods of construction and appeals of the reasonable application and interpretation of the buildin�codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code. SECTION 4. Section 17.04.080 of the Bremerton Municipal Code entitled "Amendments to the International Residential Code -Administration" is hereby amended to read as follows: 17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. The following local amendments to the International Residential Code��exs� adopted in BMC 17.04.030 are hereby adopted and incorporated into the Intemational 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 R104.12: 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 R112.1 of the International Residential Code, entitled "Boazd of Appeals," is amended by substituting Section R112.1 with the following: Sec. R112.1 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. �c Desig�Criteria Table R301.2(11 of the International Residential Buildin� Code entitled"Climatic and Geo�phic Desi�n Criteria" is amended to insert the desi�n criteria 4 2015 Building Code Updates and Amendments �ecific to the Citv into the table categories as designated in Table R301.2(1)below. The remainin�narts and footnotes of the table are unchan e�d. Table R301.2(11 Climate and Geog_raphic DesiQn Criteria WIND DESIGN SUBJECT TO DAMAGE FROM GROUND SEISMIC SNOW SSpe� Topoeraphic ,S�ecial Wind-borne DESIGN Frost LOAD �� effects wind debris zone CATEGORY Weatherina line Termite re ion d th 30 PSF 110 No No No D, Negli�ible 12" No WINTER ICE BARRIER FLOOD AIR FREEZING MEAN ANNUAL DESIGN TEMP UNDERLAYMENT REOUIRED HAZARDS INDEX TEMP 29 No See foomote "' 113 51.4 Date of entrv into NFIP:April, 1987;Communitv Number 530093 �Date of latest study:November 18,2014 FIRM PANELS#53035C0335E.53035C0343E,53035C0344E,53035C0345E,,53035C0450E.. 53035C0455E 53035C0352F,53035C0353F,53035C0354F,53035C0360F,53035C0364F.53035C065F, 53035C0366F.53035C0367F.53035C0368F,53035C0380F,53035C0390F �dl Existin�basements. Section R310 of the International Residential Buildin�Code entitled"Emer_�v escape and rescue windows" is amended bv substitutin� Section 310.6 with the followin�: Sec.R310.6 Alterations or reqairs of existing basement.An emer�encv escape and rescue openin ig n compliance with Section R310 in addition to a means of egress com�lvin�with Section R311 is required where existin�basements undergo alterations,renairs, or chan�e of use from non-habitable space to habitable area. An escape and rescue openin�in a sleepin�room mav be used for compliance for the basement provided the other basement rooms are not used for sleepin� Exceptions: 1) An emer�ency escape and rescue window is not required in an existin�bedroom or habitable basement that was le a�lly established before 1940 with a buildingpermit and that has the required window for living area in compliance with the code of the time. 2) An emer�encv esca�e and rescue window is not required for alterations or repairs of an existin�non-habitable basement that will not become habitable area. Construction of a new foundation wall is not considered a repair under this exception. (sc� Sec. R313 Automatic Fire Sprinkler Systems. Automatic Fire Sprinkler Systems is adopted with the exception of R313.2, One- and two-family dwellings automatic fire systems. (fl Roof drainage. Section 801 of the International Residential Buildin�Code entitled "General" shall be amended to read as follows: Sec. R801.3 Roof draina�e. All structures shall have a controlled method of water disQosal from roofs that will collect and discharge roof draina�e to the �round surface not less than 12 inches�304 mm) from foundation walls or to an approved draina� s� 5 2015 Building Code Updates and Amendments SECTION 5. Section 17.04.110 of the Bremerton Municipal Code entitled "Amendments to the International Property Maintenance Code" is hereby amended to read as follows: 17.04.110 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE. The following local amendments to the International Property Maintenance Code are hereby adopted as if fully set forth therein: (a) Section 101 of the International Property Maintenance Code entitled "General" is amended by amending Subsection 101.1 to read as follows: Sec. 101.1 Title.These regulations shall be known as the International Property Maintenance Code of the City of Bremerton, hereafter referred to as "this code." (b) Section 103 of the International Property Maintenance Code entitled "Department of Property Maintenance Inspection" is not adopted. (c) Section 106 of the International Property Maintenance Code entitled "Violations" is amended by amending Subsections 106.1, 106.2 and 106.3 to read as follows: Sec. 106.1 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. Sec. 106.2 NoNce of violations.The code official shall serve a notice of violation or order in accordance with Chapter 1.04 BMC. Sec. 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Subsection 106.2 above shall be enforced pursuant to Chapter 1.04 BMC. (d) Section 107 of the International Property Maintenance Code entitled "Notices and Orders" is amended by not adopting certain subsections and by amending Subsection 107.5 to read as follows: Sec. 107.1 Notice to person responsible. T'�:� �.,'����*:�� ; �+ �a��'�a Whenever the code official determines that there has been a violation of this code or has�rounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Chanter 1 04 BMC to the person re�onsible for the violation as specified in this code.Notices for condemnation nrocedures shall also complv with Section 108.3. Sec. 107.2 Form.This subsection is not adopted. Sec. 107.3 Method of service. This subsection is not adopted. Sec. 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in�Chapter 1.04 BMC. �e) Section 108 of the International Propertv Maintenance Code entitled "Unsafe Structures and Equinment" is amended bv amendin�Subsection 108.3 to read as follows: Sec. 108.3 Notice.Whenever the code official has condemned a structure or equipment under the provisions of this section notice shall be nosted in a conspicuous place in or about the structure affected bv such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with 6 2015 Building Code Updates and Amendments Chapter 1.04 BMC. If the notice pertains to equipment, it shall be placed on the condemned eauiument. The notice shall be in the form prescribed in Chapter 1.04 BMC (e� Section 111 of the International Property Maintenance Code entitled "Means of Appeal" is not adopted. (�) Section 112 of the International Property Maintenance Code entitled "Stop Work Order" is amended bv amendin� Subsection 112.4 to read as follows: Sec. 112.4 Failure to comply. Any person who shall continue anv work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine pursuant to Chapter 1.04 BMC. (�h� Section 202 of the International Property Maintenance Code entitled "General Definitions" shall not include the definitions of"Garbage" and "Rubbish." (�) Chapter 3 of the International Property Maintenance Code is adopted with the exception of Subsections 302.4, "Weeds," 302.9, "Defacement of property," 303.2, "Swimming Pools, Spas and Hot Tubs - Enclosures," 304.3, "Premises identification," 304.14, "Insect screens," 304.17, "Guards for basement windows," 304.18.1, "Doors," and Section 308, "Rubbish and Garbage," and further amended by amending Subsection 307.1 to read as follows: Sec. 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on at least one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches(762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 34 inches(864 mm)high or more than 38 inches(965 mm)high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces for existing handrails still in place and in good condition, or may be continued at the height in effect in the code at the time of construction. Guards shall not be less than the height prescribed by the code in effect at the time of construction nor 36 inches(914 mm) in height above the floor of the landing,balcony,porch, deck, or ramp or other walking surface. Replacement or new guardrails shall comply with the codes for new construction. Exception: Guards shall not be required where exempted by the adopted building code. (��) Section 505 of the International Property Maintenance Code entitled "Water Systems" is amended by amending Subsection 505.1 to read as follows: Sec. 505.1 General.Every sink, lavatory,bathtub and shower, drinking fountain,water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities,bathtubs and showers shall be supplied with hot or tempered and cold running water. (�k) Section 602 of the International Property Maintenance Code entitled "Heating Facilities" is amended by amending Subsections 602.2, 602.3 and 602.4 to read as follows: Sec. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Sec. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or 7 2015 Building Code Updates and Amendments implied, to furnish heat to the occupants thereof shall supply heat of not less than 68° F (20°C) in all habitable rooms, bathrooms, and toilet rooms. Sec. 602.4 Occupiable work spaces. Indoor occupiable work space shall be supplied with heat of not less than 65° F(18°C)during the period the spaces are occupied. (}1) Appendix A. Appendix A: Boarding Standard of the International Property Maintenance Code is adopted in its entirety. SECTION 6. 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 7. E�'f'ective Date. This ordinance shall take effect and be in force ten (10)days from and after its passage, approval and publication as provided by law. PASSED by the City Council the ��� day of �J�IPJ , 2016 . ERIC Y GE ouncil President Approved this ,�day of ��/� , 2016 � PATTY LE , or ATTEST: APPROVED AS TO FORM: � ` SHANNON CORIN, City Clerk ROGER A. LUBOV , ' orney PUBLISHED the iU � day of JLc�1� , 2016 EFFECTNE the�day of i,c..� , 2016 ORDINANCE NO. 5304 8 20I S Building Code IUpdates and Amendments AFFIDAVIT OF PUBLICATION Account#342133 AD#1142777 STATE OF WASHINGTON COUNTY OF KITSAP I, Teresa Hull, 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 KITSAP SLTN; 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 publi- cation hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton, Kitsap County,Washington, a weekly newspaper in Kitsap County,Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: And on June 21, 2016 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of$86.45. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 21, 2016. 'Q- . �� Notary Public State of Washington , TISHA SULLIVAN My Appointment Expires Aug 4, 2018 ORDINANCE N0.5304 AN ORDINANCE of the City Council of the City of Bremer- ton, Washington, amending Chapter 17.04 of the Bremer- ton Municipal Code entitled "City. Building Code:' by adopting the 2015 editions of the International Building Code, International Existing Building Code, Internation- al Residential Code, Inter- national Mechanical Code, Uniform Plumbing Code, International Property Main- tenance Code, International Fuel Gas Code, and Interna- tional Energy Conservation Code as amended by the Washington State Building Code Council or published by the International Code Coun- cil;and related amendments. PASSED by the City Council on the 15th day of June,2016. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,Bremerton, WA 98337. JUNE 21,2016 AD#1142777