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HomeMy WebLinkAbout5332ORDINANCE NO. 5332 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" for amendments to the 2015 editions of the International Building Code and International Residential Code, as amended by the Washington State Building Code Council or published by the International Code Council. 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, the City Council desires to make an additional amendment 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 an additional amendment to the International Residential Building Code as set forth in Section 17.04.080 of the Bremerton Municipal Code; and WHEREAS, on July 22, 2017, 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 WHEREAS, on August 2, 2017, 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]. Section 17.04.040 of the Bremerton Municipal Code entitled "Amendments to the International Building Code" 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 adopted 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: 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." Building Code Amendments - 2017 (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 Occupancy. Section 111 of the International Building Code, entitled "Certificate of Occupancy" is amended to read as follows: Sec, 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use, occupancy classification, or occupant of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy 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 occupancy are not required for work exempt from permits in accordance with Section 1.05.2. (d) 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) Encroachments. Section 3202 of the International Building, Code entitled "Encroachments," is amended by adding the following new exception to Section 3202.3.2: Sec. 320.2.3.2 Windows, balconies, architectural features and ' mechanical equipment. Where the vertical clearance above grade to projecting windows, balconies, architectural features or mechanical equipment is more than 8 feet 1 inch of encroachment is permitted for each additional 1 inch of clearance above 8 feet but the maximum encroachment shall be 4 feet. Exception: Balconies may be permitted over a sidewalk in specific zones identified in Title 20 of the BMC or in affiliated subareaIp ans in compliance with the following conditions: 1) A clearance of at least 10 feet is maintained between the sidewalk and the bottom of balconies. 2) Balconies shall not extend into or occupy more than two- thirds the width of the sidewalk measured from the building with a maximum of 4 feet over the sidewalk or right-of-way. 2 Building Code Amendments - 2017 3) Balconies shall be completely supported by the building structure and shall not be supported by or on the sidewalk or right- of-way- 4) ight- of way4) The encroachment of the balconies do not present a health, safety or welfare issue. 5) The balconies are constructed of fire-resistant materials. 6) The balconies serve the public good, such as providing weather protection. 7) The structure on which the balconies are constructed is located in specific -zones that require or encourage weather protection over the public right-of-way (such as the Downtown Waterfront and Downtown Core zones in the Downtown Subarea Plan . 8) A drainage system shall be provided to prevent water from draining upon the public right-of-way. 9) As the balcony will reduce lighting, lighting may_ be required to be installed underneath the balcony to ensure safe sidewalks, especially for those balconies that extend across the entire facade or are placed within 15 feet or less above the sidewalk. (eD Appendix H — Signs. Appendix H of the International Building Code, entitled "Signs," is hereby amended as follows: �1) Section H101.2 entitled "Signs Exempt from Permits" is amended to read as follows: Sec. H101.2 Signs exempt from permits. The following signs are exempt from the requirements to obtain a permit before erection: 1. Temporary signs announcing the sale or rent of property. 2. Signs erected by transportation authorities. 3. The changing of moveable parts of an approved sign that is designed for such changes shall not be deemed an alteration. k2) Section H109.2 entitled "Required clearances," is not adopted. SECTION Section 17.04.080 of the Bremerton Municipal Code entitled "Amendments to the International Residential Code " 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 adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Residential Code: ij Building Code Amendments - 2017 (a) Duties and Powers of Building Official - Lot Lines and Setback Lines. Section 8104 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 'Board of Appeals," is amended by substituting Section RI 12.1 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) Design Criteria. Table R301.2(l) of the International Residential Building Code entitled "Climatic and Geographic Design Criteria" is amended to insert the design criteria specific to the City into the table categories as designated in Table R301.2(1) below. The remaining parts and footnotes of the table are unchanged. Table R301.2(1) Climate and Geographic Design Criteria GROUND SNOW WIND DESIGN SEISMIC DESIGN SUBJECT TO DAMAGE FROM Speed Topographic Special Wind-borne 113 Frost Date of entry into NFIP: April, 1987; Community Number 530093 LOAD (mph) effects wind debris zone CATEGORY Weathering line Termite region depth 30 PSF 110 No No No DZ Negligible 12" No WINTER DESIGN TEMP ICE BARRIER UNDERLAYMENT REQUIRED FLOOD HAZARDS AIR FREEZING INDEX MEAN ANNUAL TEMP 29 No See footnote ' ' 113 51.4 Date of entry into NFIP: April, 1987; Community 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,53035CO39OF Ell Building Code Amendments - 2017 (d) Existing basements. Section R310 of the International Residential Building Code entitled "Emergency escape and rescue windows" is amended by substituting Section 310.6 with the following: Sec. R310.6 Alterations or repairs of existing basement. An emergency escape and rescue opening in compliance with Section R310 in addition to a means of egress complying with Section R31 1 is required where existing basements undergo alterations, repairs, or change of use from non -habitable space to habitable area. An escape and rescue opening in a sleeping room may be used for compliance for the basement provided the other basement rooms are not used for sleeping. Exceptions: 1) An emergency escape and rescue window is not required in an existing bedroom or habitable basement that was legally established before 1940 with a building permit and that has the required window for living area in compliance with the code of the time. 2) An emergency escape and rescue window is not required for alterations or repairs of an existing non -habitable basement that will not become habitable area. Construction of a new foundation wall is not considered a repair under this exception. (e) 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. (f) Foundation Drainage. Section R405 of the International Residential Code entitled "Foundation Drainage," is amended to read as follows: Sec. R405.1 Concrete or masonry foundations. Drains shall be provided around concrete or masonry foundations that retain earth ffind-e.lielose habitable or usable spaees leea4ed below grade. Drainage tiles, gravel or crushed stone drains, perforated Ripe or other approved systems or materials shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend not less than 1 foot beyond the outside edge of the footing and 6 inches above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper. Except where otherwise recommended by the drain manufacturer, perforated drains shall be surrounded with an approved filter membrane or the filter membrane shall cover the washed gravel or crushed rock covering the drain. Drainage tiles or perforated pipe shall be placed on a minimum of 2 inches of 5 Building Code Amendments - 2017 washed gravel or crushed rock not less than one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches of the same material. Exception: A drainage system is not required where the foundation is installed on well -drained ground or sand gEqyd mixture soils according to the Unified Soil Classification System, Group I soils, as detailed in Table R405.L (fg) Roof drainage. Section 801 of the International Residential Building Code entitled "General" shall be amended to read as follows: Sec. R801.3 Roof drainage. All dwellings shall have a controlled method of water disposal from roofs that will collect and discharge roof drainage to the ground surface not less than 5 feet (1524 mm) from foundation walls or to an approved drainage system. SECTION 3. Severability. 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 4. Effective 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 &tll4k 2017. ERIC YOUI)WjER, goudcil President Approved this Z -4i day of A'W SS T , 2017. ATTEST: SHANNON CORIN, City Clerk K� PATTY LE , yor APPROVED AS TO FORM: RO MIER A. LUBOVICH, City;_� . Building Code Amendments - 2017 PUBLISHED the I day of �UJY- , 2017. EFFECTIVE the day of , 2017. ORDINANCE NO. -:5-33 ;? Building Code Amendments - 2017