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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Code (Chapter 19.27 RCW) by adoption of the International Building Codes, and Whereas, the State Building Code Council repealed the 1997 Uniform Building Code (Chapter 51-40 WAC) and adopted the International Building Code at Chapter 51-50 WAC on November 21, 2003, by rule making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