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HomeMy WebLinkAbout2010-012ORDINANCE NO. 2010-012 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 16 RELATING TO BUILDINGS AND CONSTRUCTION WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested revisions be made to Title 16, relating to the regulation of buildings and their construction; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code Section 16.04.010 is amended to read as follows: 16.04.010 Title. This chapter shall be known as the Building Code of the City of Arlington. Section 2. Arlington Municipal Code Section 15.10.020 is amended to read as follows: 16.04.020 Documents adopted by reference. The current edition of the International Building Code, as published by the International Code Council, as set forth in Washington Administrative Code Chapter 51-50 and adopted by the Washington State Building Code Council under the provisions of RCW 19.27, is adopted by reference as the city's building code. Section 3. Arlington Municipal Code Section 16.04.040 is amended to read as follows: 16.04.040 Administration and enforcement --Building official authority. The building official of the city shall be deemed to be the "building official" as defined in Section 202 of the International Building Code. The Building Code shall be administered and enforced by the building official of the city. Section 4. Arlington Municipal Code Section 16.04.050 is repealed in its entirety. Ordinance No. 2010-012 Section 5. Arlington Municipal Code Section 16.04.070 is amended to read as follows: 16.04.070 Amendments and additions. The following sections of the International Building Code as adopted in Section 16.04.020 are amended to read as follows: Section 101.1 These regulations shall be known as the Building Code of the City of Arlington, Washington hereinafter referred to as "this code". Section 101.4.1 Electrical The provisions of the National Electrical Code as set forth in the Washington Administrative Code Chapter 296-46B as regulated and enforced by State of Washington Labor & Industries, Electrical Division shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Section 101.4.4 Plumbing The provisions of the City of Arlington Plumbing Code as adopted by the Arlington Municipal Code Chapter 16.36 shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of medical gas system. The provisions of the State of Washington requirements for private sewage disposal shall apply to private sewage disposal systems. Section 101.4.5 Property Maintenance The provisions of the City of Arlington Property Maintenance Code as adopted by Arlington Municipal Code Chapter 16.24 shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards, responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. Section 101.4.7 Energy The provisions of the State of Washington Energy Code as adopted by Arlington Municipal Code Chapter 16.16 and the State of Washington Ventilation and Indoor Air Quality Code as adopted in the International Residential Code and Arlington Municipal Code Chapter 16.10 shall apply to all matters governing the design and construction of buildings for energy efficiency. Section 104.1 General The Building Official is hereby authorized and directed to enforce the provisions of this code, including any requirements or regulations imposed on a project as a condition of a land use approval process, as those conditions relate to permit issuance as required in Section 105.3.1.1 and issuance of a certificate of occupancy as required in Section 110.2.1. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the Ordinance No. 2010-012 2 intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. Section 105.3.1.1 Prerequisites for issuance of permit: The Building Official shall determine whether the following requirements have been met prior to issuance of a permit: 1. Any requirements or regulations imposed on a project as a condition of a land use approval process; 2. Any requirements or regulations imposed on a project as a condition the site civil approval process; 3. Any transportation, school, parks or other mitigation or impact fees are paid; 4. Approval of Design Review as required by Arlington Municipal Code; 5. Compliance with the State Environmental Policy Act, as adopted by Arlington Municipal Code; 6. Compliance with the Flood Management requirements as adopted by Arlington Municipal Code; 7. Compliance with Environmentally Critical Areas Protection requirements as required by Arlington Municipal Code. Section 106.1 Submittal Documents All plans for construction, erection, enlargement, alteration or repairs of building or structures 4,000 square feet or over shall be designed, prepared and stamped by an architect licensed by the state of Washington. Section 108.3 Building Permit Valuation The valuation for commonly built structures shall be determined by the most current issue of the Building Safety Journal, which offers the legacy building valuation data fee schedule as published by the International Code Council, adopted herein by reference. Section 110.5 Violation of requirements for certificate of occupancy. The City Council affirms that the issuance of any certificate of occupancy is of vital importance in the safeguarding of life safety, property safety and health of occupants of any structure; and further, that the enforcement of all city development regulations is of vital importance to the city's economic vitality and the public good. Any person allowing a building to be occupied without a certificate of occupancy first being issued as required by this Chapter shall be subject to the civil penalty provisions of the Arlington Municipal Code Chapters 1 and 11 and is subject to be abatement in accordance with the abatement procedures specified in Arlington Municipal Code Chapter 16.48, including posting to prevent occupancy. Section 112 Board of Appeals is hereby not adopted. Section 6. Arlington Municipal Code Section 16.04.080 is repealed in its entirety. Section 7. Arlington Municipal Code Section 16.04.090 is repealed in its entirety. Ordinance No. 2010-012 3 Section 8. Arlington Municipal Code Section 16.04.100 is repealed in its entirety. Section 9. Arlington Municipal Code Section 16.04.110 is repealed in its entirety. Section 10. Arlington Municipal Code Section 16.04.120 is repealed in its entirety. Section 11. Arlington Municipal Code Section 16.04.130 is repealed in its entirety. Section 12. Arlington Municipal Code Section 16.04.140 is repealed in its entirety. Section 13. Arlington Municipal Code Section 16.04.150 is repealed in its entirety. Section 14. Arlington Municipal Code Section 16.04.160 is repealed in its entirety. Section 15. Arlington Municipal Code Section 16.06.010 is amended to read as follows: 16.06.010 Title. This chapter shall be known as the Performance Code of the City of Arlington. Section 16. Arlington Municipal Code Section 16.06.020 is amended to read as follows: 16.06.020 Document adopted by reference. The current edition of the International Code Council Performance Code, as published by International Code Council, as set forth in Washington Administrative Code Chapter 51- 50 and adopted by the Washington State Building Code Council under the provisions of RCW 19.27, is adopted by this reference as the city's Performance Code. Section 17. Arlington Municipal Code Section 16.06.040 is amended to read as follows: 16.06.040 Administration and enforcement --Building official authority. The Performance Code shall be administered and enforced by the city building official. Section 18. Arlington Municipal Code Section 16.08.010 is amended to read as follows: 16.08.010 Title. This chapter shall be known as the Existing Building Code of the City of Arlington. Section 19. Arlington Municipal Code Section 16.08.020 is amended to read as follows: 16.08.020 Document adopted by reference. The current edition of the International Existing Building Code, including Appendix A, as published by International Code Council as set forth in Washington Administrative Code Chapter 51-50 and adopted by the Washington State Building Code Council under Ordinance No. 2010-012 4 the provisions of RCW 19.27, is adopted by this reference as the city's existing building code. Section 20. Arlington Municipal Code Section 16.08.040 is amended to read as follows: 16.08.040 Administration and enforcement --Building official authority. The Existing Building Code shall be administered and enforced by the city building official. Section 21. Arlington Municipal Code Section 16.08.050 is repealed in its entirety. Section 22. Arlington Municipal Code Section 16.08.060 is amended to read as follows: 16.08.060 Amendments to Section 102.4. Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. References made to the International Plumbing Code shall be replaced referencing the Uniform Plumbing Code. References made to the International Code Council Electrical Code shall be replaced referencing the National Electrical Code. Section 23. Arlington Municipal Code Section 16.08.070 is amended to read as follows: 16.08.070 Amendment to Section 103.1. Creation of enforcement agency. All references to the term "code official" shall mean the Building Official or any duly authorized representative. Section 24. Arlington Municipal Code Section 16.10.010 is amended to read as follows: 16.10.010 Title. This chapter shall be known as the Residential Code of the City of Arlington. Section 25. Arlington Municipal Code Section 16.10.020 is amended to read as follows: 16.10.020 Documents adopted by reference. The current edition of the International Residential Code, as published by the International Code Council, as set forth in Washington Administrative Code Chapter 51- 51 and adopted by the Washington State Building Code Council under the provisions of RCW 19.27, is adopted by reference. Ordinance No. 2010-012 Section 26. Arlington Municipal Code Section 16.10.040 is amended to read as follows: 16.10.040 Administration and enforcement --Building official authority. The building official of the city shall be deemed to be the "building official" as defined in Section 202 of the International Building Code. The Residential Code shall be administered and enforced by the building official of the city. Section 27. Arlington Municipal Code Section 16.10.070 is amended to read as follows: 16.10.070 Amendments and additions. The following sections of the International Residential Code as adopted in Section 16.10.020 are amended to read as follows: Section R112 Board of Appeals is hereby not adopted. Section 28. Arlington Municipal Code Chapter 16.12 is repealed in its entirety. Section 29. Arlington Municipal Code Section 16.16.010 is amended to read as Ii a Fi=1 16.16.010 Document adopted by reference. The Washington State Energy Code, current edition, as set forth in WAC Chapter 51-11, and as adopted by the Washington State Building Code Council under the provisions of RCW 19.27.020 and 19.27.045, is adopted by reference as the city's energy code. Section 30. Arlington Municipal Code Chapter 16.20 is repealed in its entirety. Section 31. Arlington Municipal Code Section 16.24.010 is amended to read as follows: 16.24.010 Title. This chapter shall be known as the Property Maintenance Code of the City of Arlington. Section 32. Arlington Municipal Code Section 16.24.020 is amended to read as follows: 16.24.020 Document adopted by reference. The current edition of the International Property Maintenance Code, as published by the International Code Council, is adopted by reference as the city's property maintenance code. Section 33. Arlington Municipal Code Section 16.24.060 is amended to read as follows: 16.24.060 Amendment to Section 102.3. Ordinance No. 2010-012 6 Application of other codes. Repairs, additions, or alterations to a structures, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Existing Building Code. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the City of Arlington Land Use Code and Development Design Guidelines. Section 34. Arlington Municipal Code Section 16.24.070 is amended to read as follows: 16.24.070 Amendment to Section 103.1. General. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official. All references to the term "code official' shall mean the Building Official or any duly authorized representative. Section 35. Arlington Municipal Code Section 16.24.080 is amended to read as follows: 16.24.080 Amendment to Section 103.5. Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as set by resolution of the City Council. Section 36. Arlington Municipal Code Section 16.24.090 is amended to read as follows: 16.24.090 Amendment to Section 106. Section 106.1 Unlawful Act. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. Section 106.2 Notice of Violation. The code official shall serve a notice of violation or order in accordance with Title 11 of the Arlington Municipal Code. Sections 106.3, 106.4, 106.5 are hereby deleted. Section 37. Arlington Municipal Code Section 16.24.120 is amended to read as follows: 16.24.120 Amendment to Section 201.3. Terms defined in other codes. When terms are not defined in this code and are defined in the International Building Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, International Existing Building Code, National Electrical Code or the City of Arlington Land Use Code and Development Design Guidelines, such terms shall have the meaning ascribed to them as in those codes. Section 38. Arlington Municipal Code Section 16.24.130 is amended to read as follows: 16.24.130 Amendment to Section 304.14. Insect Screens. During the period from April 15th to October 15th, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food Ordinance No. 2010-012 for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm) and every swinging door shall have a self -closing device in good working condition. Section 39. Arlington Municipal Code Section 16.24.140 is amended to read as follows: 16.24.140 Amendment to Section 505.1. General. Every sink, lavatory, bathtub or 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 in accordance with the Uniform Plumbing Code. Section 40. Arlington Municipal Code Section 16.24.150 is amended to read as follows: 16.24.150 Amendment to Section 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat throughout 360 days a year to maintain a temperature of not less than 68OF (20°C) in all habitable rooms, bathrooms, and toilets rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1C) a minimum temperature of 65°F (18°C) shall be maintained. Section 41. Arlington Municipal Code Section 16.24.160 is amended to read as follows: 16.24.160 Amendment to Section 604.2. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code. Dwelling units shall be served by a three -wire, 120/240 volt, single phase electrical service having a rating of not less than 60 amperes. Section 42. Arlington Municipal Code Section 16.24.170 is amended to read as follows: 16.24.170 Reference standards. Ordinance No. 2010-012 The following reference standards in Chapter 8 are not adopted: ICC EC, and IZC. The following standards are hereby adopted by reference and are to be added to Chapter 8: NEC and UPC and the City of Arlington land use code and design guidelines. Section 43. Arlington Municipal Code Section 16.28.020 is amended to read as follows: 16.28.020 Conflict of building construction and life safety codes. If there exists or should arise a conflict between the provisions or interpretations of the various construction and life safety codes adopted in those chapters of this title preceding this chapter, the provisions of Chapter 16.04 shall prevail, and any sections or provisions of other codes in conflict therein shall. be considered to be amended to be in conformity with Chapter 16.04. Section 44. Arlington Municipal Code Section 16.32.010 is amended to read as follows: 16.32.010 Title. This chapter shall be known as the Mechanical Code of the City of Arlington. Section 45. Arlington Municipal Code Section 16.32.020 is amended to read as follows: 16.32.020 Document adopted by reference. (a) The current edition of the International Mechanical Code as published by the International Code Council, as set forth in Chapter 51-52 of the Washington Administrative Code and adopted by the Washington State Building Code Council under the provisions of RCW 19.27.031 and 19.27.074, is adopted by this reference as the city's mechanical code; provided, however, that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.I/NFPA 54 (National Fuel Gas Code). (b) Amendment to Section 106.5.2 Fee Schedule. Fees for mechanical permits shall be set by resolution by the city council. Section 46. Arlington Municipal Code Section 16.32.040 is amended to read as follows: 16.32.040 Administration and enforcement --Building official authority.. The Mechanical Code shall be administered and enforced by the city building official. Section 47. Arlington Municipal Code Section 16.32.060 is repealed in its entirety. Section 48. Arlington Municipal Code Section 16.32.070 is repealed in its entirety. Section 49. Arlington Municipal Code Section 16.32.080 is repealed in its entirety. Ordinance No. 2010-012 9 Section 50. Arlington Municipal Code Section 16.32.090 is repealed in its entirety. Section 51. Arlington Municipal Code Section 16.32.100 is repealed in its entirety. Section 52. Arlington Municipal Code Section 16.36.010 is amended to read as follows: 16.36.010 Title. This chapter shall be known as the Plumbing Code of the City of Arlington. Section 53. Arlington Municipal Code Section 16.36.020 is amended to read as follows: 16.36.020 Document adopted by reference. (a) The current edition of the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials as set forth in WAC 51-56 as adopted by the Washington State Building Code Council under the provisions of RCW 19.27.031 and 19.27.074 is adopted by reference as the plumbing code. (b) All plumbing permit and other fees shall be set by separate resolution of the city. Section 54. Arlington Municipal Code Section 16.32.060 is repealed in its entirety. Section 55. Arlington Municipal Code Section 16.32.070 is repealed in its entirety. Section 56. Arlington Municipal Code Section 16.32.080 is repealed in its entirety. Section 57. Arlington Municipal Code Section 16.32.090 is repealed in its entirety. Section 58. Arlington Municipal Code Chapter 16.48 is repealed in its entirety. Section 59. Arlington Municipal Code Section 16.56.020 is amended to read as follows: 16.56.020 Document adopted by reference. Washington Administrative Code (WAC) Chapter 296-1501 is adopted by reference as the city's standards for manufactured home installations. Section 60. Arlington Municipal Code Section 16.56.050 is amended to read as follows: 16.56.050 Compliance required, permit required. No person or firm shall install a manufactured home in the city meeting the definition set forth in the sections adopted by Section 16.56.020 of this chapter prior to obtaining a manufactured home installation permit from the city). Such permits shall be granted only after proper application by the owner or installer of a manufactured home is made to the city and the payment of a fee as set by city council resolution. Ordinance No. 2010-012 10 Section 61. Arlington Municipal Code Section 16.56.070 is amended to read as follows: 16.56.070 Insignia required. All such manufactured homes installed within the city shall contain the insignia of approval of the State of Washington or be exempt from such said insignia, all pursuant to the standards of the State of Washington for the manufacture of such homes. Section 62. Arlington Municipal Code Chapter 16.60 is repealed in its entirety. Section 63. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 64. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by t e City Council of the City of Arlington and APPROVED by the Mayor thisC�l day of HLWq0, , 2010. CITY OF ARLINGTON Margard Larson, M yor ATTEST: Kristin anfield, City Clerk APPROVED AS TO FORM: Steve .l. F 'ffl 'it ttorney Ordinance No. 2010-012 11 SUMMARY OF ORDINANCE ADOPTIONS You are hereby notified that on June 21, 2010, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2010-012 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 16 RELATING TO BUILDINGS AND CONSTRUCTION." This ordinance is effective five days from its passage and publication. The full text of the ordinance is available to interested persons and will be mailed upon request. rA Lwrara * - als � N. �N #M 9, City Clerk City of Arlington CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2010-012 was approved at the June 21, 2010 City Council meeting. ORDINANCE #2010-012 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 16 RELATING TO BUILDINGS AND CONSTRUCTION." A true and correct copy of the original ordinance is attached. Dated this 2V day of June 2010. Kristi Banfield City Clerk for the City of Arlington