808 Amend Title YMCCITY OF YELM
ORDINANCE NO. 808
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON,
AMENDING Title 15 YMC, Buildings and Construction and adopting
the International Fire Code, International Building Code,
International Residential Code, International Mechanical Code,
International Fuel Gas Code, Uniform Plumbing Code, and the
Washington State Energy Code.
Whereas, The Governor signed, on May 14, 2003, Substitute House Bill
1734, which amended the State Building Code (Chapter 19.27 RCW) by
adoption of the International Building Codes, and
Whereas, the State Building Code Council repealed the 1997 Uniform
Building Code (Chapter 51-40 WAC) and adopted the International
Building Code at Chapter 51-50 WAC on November 21, 2003, by rule
making through WSR 04-01-108, and
Whereas, the State Building Code Council adopted the International
Residential Code at Chapter 51-51 WAC on November 21, 2003, by rule
making; and
Whereas, the State Building Code Council adopted the International Fire
code at Chapter 51-54 WAC on November 21, 2003, by rule making; and
Whereas, the State Building Code Council adopted the International
Mechanical Code at Chapter 51-52 WAC on November 21, 2003, by rule
making; and
Whereas, the rules adopting the International Building Codes become
effective July 1, 2004, and
Whereas, the International Codes do not contain provisions for calculating
permit fee's as did the Uniform Building Code; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Adoption. In accordance with the requirements of Chapter 19.27
Revised Code of Washington and Chapters 51-50, 51-51, 51-52, and 51-54
Washington Administrative Code, the Yelm City Council does hereby adopt
amendments to the Yelm Buildings and Construction Code, Title 15 Yelm
Municipal Code.
Section 2. Chapter 15.04 YMC, Fire Code, is hereby amended as follows:
Ordinance No. 808 Page 1 of 8
15.04.010 Adoption.
Those certain documents, one copy of which are on file in the office
of the city clerk/treasurer, being marked and designated as "
"International Fire Code." includina all
appendices thereto. as published by the International Code Council, and
amended by Chapter 51-54 WAC are adopted as the code of the city
prescribing regulations governing conditions hazardous to life and
property from fire or explosion, and the terms of the " ,
~ nn~ ~,~;~;,,.,» "International Fire Code" includina all appendices thereto.
as published by the International Code Council. and amended by Chapter
51-54 WAC are by this reference thereto adopted and made a part of this
chapter as though fully set forth in this chapter, save and except such
portions as are supplemented, modified or amended as provided in this
chapter.
15.04.020 Definitions.
Wherever the following words or terms are used in the Uniform Fire
Code and Uniform Fire Code Standards adopted by YMC 15.04.010, such
words or terms shall have the meanings defined herein below:
A. "Corporation counsel" means the city attorney.
B. "Fire chief' means the fire chief of the Thurston County fire
protection district No. 2.
C. "Fire department" means the Thurston County fire protection
district No. 2, a political subdivision of the state, which may
under contract with the city provide fire suppression,
prevention, education and investigation and other related
services to all properties within the corporate limits of the
city.
D. "Jurisdiction" means the city.
15.04.030 Administration and Enforcement.
The
International Fire Code adopted by YMC 15.04.010_shall be administered
and enforced by the Yelm fire marshal, building official or building
inspector appointed by the mayor of the city.
15.04.040 Storage of flammable or combustible liquids.
Ordinance No. 808 Page 2 of 8
The storage of flammable or combustible liquids in outside
aboveground tanks is prohibited within all areas of the city, save and
except those areas zoned industrial district (I) pursuant to YMC Title 17.
15.04.050 Storage of liquefied petroleum gas.
The limits referenced in
Chapter 38, International Fire Gode adopted by YMC 15.04.010, in which
storage of liquefied petroleum gas is restricted, shall be all areas within
the city save and except those areas zoned industrial district (I) pursuant
to YMC Title 17.
15.04.060 Storage of explosives and blasting agents.
The limits referred to in
Chapter 33 ,International Fire Code adopted by YMC 15.04.010, in which
storage of explosives and blasting agents is prohibited, shall be the entire
corporate limits of the city.
15.04.070 Appeal of decisions.
Whenever the fire ems' Marshall or any duly appointed building
official acting under the supervision of the fire chief, as provided in this
chapter, disapproves an application or refuses to grant a permit applied for
under the ~ ~ International Fire Code, or when it is claimed
that the provisions of the International Fire Code do not
apply or that the true intent and meaning of the Code have been
misconstrued or wrongly interpreted, the applicant may appeal the
decision of such official to the ~ ~ City Hearings Examiner,
provided the appeal is filed within ~ 21 days from the date of the decision
appealed.
15.04.080 Committee to determine new materials, processes or
occupancies.
The fire a Marshall, the building official duly appointed by the
mayor of the city to enforce and administer this chapter,
Public Works
Director, shall act as a committee to determine and specify, after giving
affected persons an opportunity to be heard, any new materials,
processes or occupancies for which permits are required in addition to
those now enumerated in the International Fire Code
adopted by YMC 15.04.010. A list of any such new materials, processes
or occupancies requiring permits shall be posted by the fire chief in a
conspicuous place in his office and by the city clerk/treasurer in a
conspicuous place in the City Hall, and copies thereof shall be distributed
to interested persons.
15.04.090 Violation -Penalty.
Ordinance No. 808 Page 3 of 8
Any violation of the provisions of this chapter and the
e International Fire Code adopted by this chapter, or any failure to
comply therewith, or any violation or failure to comply with any order made
there under, or any construction in violation of any detailed statement of
specifications or plans submitted and approved there under or any
violation of any certificate or permit issued there under from which no
appeal has been taken, or any failure to comply with such an order as
affirmed or modified by the city council or by a court of competent
jurisdiction, within the time fixed therein for such compliance, is, in each
and every instance, a misdemeanor. The imposition of a criminal penalty
pursuant to this chapter shall not excuse any such violation nor permit that
violation to continue, and shall not be held to prevent the enforced
removal of prohibited conditions. Whenever applicable, any person, firm
or corporation violating the provisions of this chapter shall be required to
correct or remedy such violation or defect within a reasonable time, and
when not otherwise specified by the International Fire
od' each 10 days that prohibited conditions are maintained shall
constitute a separate offense.
Section 3. Chapter 15.08 YMC, Building Code, is hereby amended as follows:
15.08.010 Adopted.
Those certain documents, one copy of which are on file and are
open for inspection of the public in the office of the city clerk/treasurer,
being marked and designated as:
A.
,
. ,
"International
Building Code" and "International R_esid_e_ntial Code"
published by the International Gode Council and am . ,_
ended
by WAC 51-50 and WAC 51-51 referenced herein; be and
the same are adopted as the code of the city for regulating
the erection, construction, enlargement, alteration, repair,
Ordinance No. 808 Page 4 of 8
moving, removal, demolition, conversion, occupancy,
equipment, use, height, area and maintenance of all
buildings or structures in the city; providing for issuance of
permits and collection of fees there for; and each and all of
the regulations, provisions, conditions and terms of such
International
Buildina Code and International Residential Code are
referred to, adopted and made a part hereof as if fully set out
in this chapter.
15.08.020 Violation -Penalty.
Penalties for violations are as contained in Section 205 of the 1997
Uniform Building Code.
New Section 15.08.030 -Fees
Fees shall be established by resolution of the City Council.
Section 4. Chapter 15.12 YMC, Mechanical Code, is hereby amended as follows:
15.12.010 Adopted and on file.
That certain document, one copy of which are on file in the office of
the city clerk/treasurer being marked as designated as a~
"International Mechanical Code" as published by the International
Code Council and as amended by WAC 51-52 be and is adopted as the
code of the city for regulating the design, construction, quality of
relocation, replacement, addition to, use or maintenance of heating,
ventilating, cooling, refrigeration systems, incinerators or other
miscellaneous heat producing appliances in the city providing for the
issuance of permits and each and all of the
regulations, provisions, conditions and terms of such "
"International Mechanical Code" as
published by the International Code Council , on file in the office of the city
clerk/treasurer are referred to, adopted and made a part hereof as if fully
set out in this chapter.
15.12.020 Violation -Penalty.
It is unlawful for a person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert or demolish, equip,
Ordinance No. 808 Page 5 of 8
use or maintain mechanical systems or equipment or cause or permit the
same to be done in violation of this code.
New Section 15.12.030 -Fees.
Fees shall be established by resolution of the City Council.
Section 5. Chapter 15.16 YMC, Plumbing Code, is hereby amended as follows:
15.16.010 Adoption.
That certain document, one copy of which are on file in the office of
the Yelm city clerk/treasurer, being marked and designated as a " '
' "Uniform Plumbina
Code. 2003 Edition published by the International Association of
Plumbina and Mechanical Officials. and as amended by WAC 51-56
includina all material and installation standards. aaaendices A. B and I as
amended by WAC 51-57 therein be and the same is adopted as the code
of the city for regulating the installation, maintenance or use of any
plumbing system in the city, except as otherwise expressly provided in
said "Uniform Plumbing Code," ~ ~"' ~~'~~~~~ 2003 Edition published by
the International Association of Plumbing and Mechanical Officials
published by the International Association of Plumbing and Mechanical
Officials, including all material and installation standards, and
supplements therein, and each and all of the regulations, provisions,
conditions and terms of such are by this reference thereto adopted and
made a part hereof as though fully set forth in this chapter; provided,
however, that Sections 102.3.2 and 103.0 of said Uniform Plumbing Code
shall be amended as set forth in YMC 15.16.020 and 15.16.030,
respectively, as amended by this chapter.
15.16.020 Section 102.3.2 amended -Violation and penalties.
Section 102.3.2 of the Uniform Plumbing Code, 2003 Edition,
adopted by YMC 15.16.010, is amended to read as follows: Sec. 102.3.2
Any violation of any provision of this Code is guilty of a misdemeanor.
Each separate day or any portion thereof, during which any violation of
this Code occurs or continues, shall be deemed to constitute a separate
offense. The issuance or granting of a permit or approval of plans and
specifications shall not be deemed or construed to be a permit for, nor an
approval of, any violation of any of the provisions of this Code. No permit
presuming to give authority to violate or cancel the pro15- 7 Yelm
Municipal Code 15.16.030 visions of this Code shall be valid except
insofar as the work or use which it authorized is lawful. The issuance or
granting of a permit or approval of plans shall not prevent the
Administrative Authority from thereafter requiring a correction of errors in
said plans and specifications or from preventing construction operations
Ordinance No. 808 Page 6 of 8
being carried on there under when in violation of this Code or of any other
ordinance, or from revoking any certificate of approval when issued in
error. Every permit issued by the Administrative Authority under the
provisions of this Code shall expire by limitation and become null and void
if the work authorized by such permit is not commenced within ~ 180
days from the date of issuance of such permit, or if the work authorized by
such permit is suspended or abandoned at any time after the work is
commenced for a period of 4180 days. Before such work can be
recommenced, a new permit shall be first obtained to do so, and the fee
therefore shall be one-half the amount required for a new permit for such
work, provided no changes have been made or will be made in the original
plans and specifications for such work; and provided further, that such
suspension or abandonment has not exceeded one year.
15.16.030 Section 103.0 amended -Permit required.
Section 103.0 of the Uniform Plumbing Code, 4 2003 Edition,
adopted by YMC 15.16.010, is amended to read as follows: 103.1.1 It
shall be unlawful for any person to install, remove, alter, repair or replace
or cause to be installed, removed, altered, repaired or replaced any
plumbing work or any fixture or water heating or treating equipment in a
building or premises without first obtaining a permit to do such work from
the Administrative Authority. A separate permit shall be obtained for each
building or structure. No person shall allow any other person to do or
cause to be done any work under a permit secured by a Permittee except
persons in the employ of the Permittee. 103.1.3 No permit shall be issued
to any person, firm or corporation to do, or cause to be done, any work
regulated by this Code unless such person, firm or corporation has a valid
Washington State Contractors Registration as required by laws of the
State of Washington; provided, however, permits may be issued to
property owners for work on duplex and single-family residences and
accessory buildings thereto, providing such owner purchases all materials
and performs all labor involved.
New Section 15.16.040 -Fees
Fees shall be established by resolution of the City Council.
Section 6. Chapter 15.20 YMC, Gas Piping, is hereby rescinded in its entirety.
Section 7. Chapter 15.22 YMC, Energy Code, is hereby amended as follows:
15.22.010 Adopted.
The ordinance codified in this chapter adopts the 4
2001 Washington State Energy Code and the 2000 Ventilation and Indoor
Air Quality Code as written by the Washington State Building Code
Council and filed as Chapters 54~ 51-11 and 51-13 WAC.
Ordinance No. 808 Page 7 of 8
Section 8. Severability. If any provision of this Ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance or the
application of the provisions to other persons or circumstances is not affected.
Section 9. Effective Date. This Ordinance shall be in full force and effect from
and after~its passage, approval, and publication as provided by law.
by the Yelm City Council on this 14th day of July, 2004.
s, Mayor
AUTHENTICATED:
Agn P. Bennick, City Clerk
PASSED and APPROVED: July 14, 2004
PUBLISHED: Nisqually Valley News, July 23, 2004
Ordinance No. 808 Page 8 of 8