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HomeMy WebLinkAbout4108 Ordinance • ORDINANCE NO. 4/6 ?S AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING TITLE 16 OF THE PASCO MUNICIPAL CODE, REGARDING THE ADOPTION OF THE WASHINGTON STATE BUILDING CODE AND INTERNATIONAL AND UNIFORM BUILDING CODES. WHEREAS, for the purpose of enforcing the regulations of the City of Pasco, to require compliance with accepted building construction, improvement, modification and safety standards, procedures and practices it is necessary to amend Title 16 of the Pasco Municipal Code. WHEREAS, the State of Washington revised the State Building Code regulations governing the construction, improvement, modification and safety of buildings; and, WHEREAS,revisions and modifications to the State Building Code require that the City amend Title 16 of the Pasco Municipal Code to adopt said revised building law and regulation; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON,DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 16.04 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.04 BUILDING CODE 16.04.010 ADOPTION OF STATE BUILDING CODE, INTERNATIONAL BUILDING AND RESIDENTIAL CODES, CERTAIN APPENDICES AND STANDARDS 16.04.011 BUILDING OFFICIAL-BUILDING INSPECTOR 16.04.012 NON-COMBUSTIBLE MATERIALS REQUIRED 16.04.020 SUBSTITUTION FOR IBC SECTION 113 16.04.025 DELETION OF IBC SUBSECTIONS 16.04.035 ADDITION OF IBC SECTION 109.2.1 16.04.040 FEE SCHEDULE 16.04.045 BUILDING INSPECTION FEE 16.04.050 AMENDMENT OF IBC SECTION 110.1 16.04.060 AMENDMENT OF IBC SECTION 110.5 16.04.070 ADDITION OF IBC SECTION 110.6 16.04.080 ELIGIBILITY FOR PERMANENT CITY-PROVIDED UTILITY SERVICES 16.04.090 ADDITION OF IBC SECTION 110.7 16.04.130 AMENDMENT OF SECTION 403.1 16.04.210 AMENDMENT OF IBC SECTION 1805.1 16.04.240 AMENDMENT OF IBC SECTION 1209.2 16.04.280 REPEALED 16.04.295 UNDER FLOOR VENTILATION 16.04.310 VIOLATIONS-PENALTIES 16.04.010 ADOPTION OF STATE BUILDING CODE, INTERNATIONAL BUILDING CODE AND STANDARDS. The City of Pasco hereby adopts the State Building code (RCW 19.27) as thereinafter amended by the Washington State Building Code Council published as Chapter 51 -30, Washington Administrative Code, and all provisions thereof applying throughout Title 16 of the Pasco Municipal Code, and adopts by reference, the 2009 2012 International Building Code and Appendices H, I and J thereof, International Building Code Standards, International Existing Building Code, International Residential Code and Appendix J thereof as published by the International Code Council as thereinafter amended, and all buildings hereinafter erected or constructed, enlarged, repaired,moved, removed, demolished, or converted shall be done in conformity with the provisions of said Codes, except as expressly provided herein. 16.04.011 BUILDING OFFICIAL- BUILDING INSPECTOR. (1) The "Building Official," as used in the International Building Code, shall be the City Manager or that person acting as the chief administrative officer for the City. The Building Official may delegate by written order all or any portion of the powers of enforcement that he may have as the building official or as a Building Inspector. He may delegate to another person in writing the power to subdelegate all or any portion of the power he has delegated to that person. The persons receiving delegated powers may have or may be given various titles, but any person delegated the authority to enforce the building code shall also be known as a building inspector. (2) Whenever any portion of the Pasco Municipal Code uses the terms "Building Official" or "Building Inspector," they shall have the same meaning as set forth herein and the same powers of delegation shall apply unless the context thoroughly indicates another meaning. (3) The power of enforcement shall include the power to arrest, but the Building Official or his designee shall particularly specify in writing that the power to arrest is included in any delegation or subdelegation of the power of enforcement. Nothing herein shall limit the authority Police Officers have to make arrests. (4) Any person delegated the power to enforce shall be an authorized officer for the purpose of issuing a complaint in Municipal (police) Court unless specifically directed otherwise in writing. (Ord. 2269 Sec. 1, 1981). 16.04.012 NON-COMBUSTIBLE MATERIALS REQUIRED. Notwithstanding the provisions of the International Building Code, the following restrictions shall apply in the City of Pasco. (a) The use of cedar shakes or shingles or materials with similar flame spread characteristics for roof construction is prohibited. Class C rated shakes or shingles may be used for existing roof repairs and additions to structures with existing wood shingle/shake roofs. (b) All structures within thirty (30) feet of the property line shall have non-combustible siding/soffit/skirting on the side adjacent to the undeveloped areas in excess of five (5) acres. Exception: Interior lots of platted parcels and development phases whose streets are accessible and water system is operational. (c) Decks of porches thirty-six (36) inches or less in height shall have skirting if within thirty (30) feet of adjacent undeveloped areas of natural vegetation in excess of five (5) acres. Ordinance Amending Title 16 Page 2 Skirting shall be sufficiently constructed so as not to allow the accumulation of combustible material under the deck. (d) When determined by the Fire Chief, non-combustible siding/soffit material shall be required on the down-hill side(s) of the structure if within thirty (30) feet of a fifteen percent (15%) or greater grade. The grade will be determined by the predominant slope on the down-hill side, with a maximum of three hundred (300) feet. (Ord. 3133 Sec 2, 1996; Ord. 3066, Sec. 1, 1994) 16.04.020 SUBSTITUTION FOR IBC SECTION 113. Section 113 of the International Building Code shall be amended to read as follows: Section 113 Board of Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this code, there shall be and is hereby created a Board of Appeals, to be known as the Mid-Columbia Building Appeals Commission, consisting of seven (7) members who are qualified by experience and training to pass upon matters pertaining to building construction. The Board of Appeals shall be jointly appointed by the Mayors of Pasco, Kennewick, Richland, West Richland, Benton City, and the Chairmen of the Boards of County Commissioners of Benton and Franklin Counties. The membership of the Board shall consist of a representative of Franklin County, a representative of Benton County, a civil engineer, an architect, a general contractor, a specialty contractor and a fire specialist. The term of membership on the Board shall be for a period of five (5) years. The Building Officials of each appointing agency shall be ex officio members of the Board and shall serve as Secretary of the Board on a rotating basis. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall tender all decisions and findings in writing to all the Building Officials and Fire Chiefs with a duplicate copy to the appellant and may recommend to the City Councils and/or Boards of County Commissioners such new legislation as is consistent therewith. (Ord. 3133 Sec. 3, 1996; Ord. 2867 Sec. 1, 1992; Ord. 2237 Sec. 1, 1981; Ord. 1853 Sec. 1 (part), 1977). 16.04.025 DELETION OF IBC SUBSECTIONS. Subsections - 105.2 (1), (2), (11) and (12) of the International Building Code shall be deleted. (Ord. 3149 Sec 2, 1996; Ord. 3133 Sec. 4, 19960rd. 2881 Sec. 3, 1992; Ord. 2153 Sec. 2, 1980). 16.04.035 ADDITION OF IBC SECTION 109.2.1. Section 109.2.1 of the International Building Code shall be added and shall read as follows: Sec. 109.2.1 Plan Review Fees. When the valuation of the proposed construction exceeds ten thousand dollars ($10,000) and a plan is required to be submitted; a plan- review fee of sixty -five percent (65%) of the construction permit fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. EXCEPTION: Building permit applications for construction of new R-3 occupancies require only a fifty dollar ($50) plan-review fee. Plan- review fees for all buildings, other than group R -3 Occupancies, shall be sixty-five percent (65%) of the building permit fees. Where plans are incomplete, or changed so as to require additional plan-review, an additional plan-review fee shall be charged at a rate established by the Building Official not to exceed 65% of the value of the building permit fee. (Ord. 4055, 2012; Ord. 3964, 2010; Ord. 3859, 2008; Ord. 3670 Sec. 2, 2004; Ord. 3133 Sec 5, 1996; Ord. 2153 Sec. 4, 1980; Ord. 1853 Sec. 1 (part), 1977. Ordinance Amending Title 16 Page 3 16.04.040 FEE SCHEDULE. Permit fees shall be determined in accordance with Section 3.07.030 (B) of the Pasco Municipal Code. In addition to the fees enumerated in Section 3.07.030 (B) of this Code, all building permits shall include a State Building Code Council fee of $4.50. (Ord. 3964, 2010; Ord. 3672 Sec. 2, 2004; Ord. 3670 Sec. 2, 2004; Ord. 3316 Sec. 4, 1998; Ord. 3149 Sec. 2, 1996; Ord. 3133 Sec. 6, 1996; Ord. 2881 Sec. 2, 1992; Ord. 2724 Sec. 2, 1989; Ord. 2602 Sec. 2, 1986; Ord. 2153 Sec. 5, 1980; Ord. 1853 Sec. 1 (part), 1977 16.04.045 BUILDING INSPECTION FEE. A minimum fee as enumerated in Section 3.07.030 (B) of this Code, shall be paid to the Building Official for incidental building and fire code inspections not related to issued, active building permits. 16.04.050 AMENDMENT OF IBC SECTION 111.1. Section 111.1 (a) of the International Building Code shall be amended to read as follows: Sec. 111.1 Use or Occupancy. No building or structure in Groups A to U inclusive, shall be used or occupied, and no substantial change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided herein. (Ord. 3964, 2010; Ord. 3670 Sec. 21 2004; Ord. 3133 Sec. 7, 1996; Ord. 2881 Sec. 5, 1992; Ord. 2153 Sec. 6, 1980; Ord. 1853 Sec. 1 (part), 1977. 16.04.060 ADDITION OF IBC SECTION 111.5. A new section, Section 111.5 is hereby added to the International Building Code and shall hereinafter be codified as Section 16.04.060 of the Pasco Municipal Code as follows: Posting. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official; provided, that in the case of R-3 Occupancies, such certificate need not be conspicuously posted but shall be available for inspection of the Building Official upon request. (Ord. 3964, 2010; Ord. 3670 Sec. 2, 2004; Ord. 3133 Sec. 8, 1996; Ord. 2881 Sec. 6, 1992; Ord. 2153 Sec. 7, 1980; Ord. 1853 Sec. 1 (part), 1977 16.04.070 ADDITION OF IBC SECTION 111.6. A new section, Section 111.6, is hereby added to the International Building Code and shall hereinafter be codified as Section 16.04.070 of the Pasco Municipal Code as follows: Section 110.6. Effective date upon which Certificates of Occupancy shall be required for Group R -3 Occupancies. All buildings or structures falling within the R -3 classification as defined in Section 310.1 of the International Building Code, for which building permits are issued after the effective date of this ordinance, shall not be used or occupied until the Building Official has issued a Certificate of Occupancy as provided in Section 111.2 of the International Building Code as amended by PMC 16.04.050. All other Certificates of Occupancy shall be required irrespective of when such building permits were issued. (Ord. 3964, 2010; Ord. 3670 Sec. 2, 2004; Ord. 3133 Sec 9, 1996; Ord. 2881 Sec. 7, 1992; Ord. 2153 Sec. 8, 1980; Ord. 1853 Sec. 1, (part), 1977. Ordinance Amending Title 16 Page 4 16.04.080 ELIGIBILITY FOR PERMANENT CITY - PROVIDED UTILITY SERVICES. The Utilities Director is directed to deny any requests for utility services including electrical service, solid waste removal and water and sewer service on a permanent uses basis where the applicant fails to demonstrate that the dwelling in question has been issued a certificate of occupancy by the Building Official; provided, however, that provisional utility services shall be available as are necessary for the proper construction of the dwelling prior to the issuance of the occupancy permit, in circumstances where the dwelling is unoccupied. In the event that provisional service is provided and it becomes apparent that the dwelling is being occupied, the Utilities Director is authorized to discontinue such service. (Ord. 1853 Sec. 1 (part), 1977. 16.04.090 ADDITION OF IBC SECTION 111.7. Section 111.7 is hereby added to the International Building Code and shall hereinafter be codified as Section 16.04.090 of the Pasco Municipal Code as follows: Section 111.7 Obligation of the Parties. In the event of a violation of Section 16.04.050 and 16.04.070 above provided, it shall be presumed as a matter of law that the person or persons who obtained the building permit or permits for the construction of the dwelling in question caused or allowed the occupancy of the dwelling in violation of the above stated provisions. Further, it shall be a violation of this code for any person or persons to cause or allow the occupancy of a dwelling within categories R -3 by any third person or persons, where no Certificate of Occupancy has first been issued. (Ord. 39641 2010; Ord. 3670 Sec. 2, 2004; Ord. 3133 Sec. 10, 1996; Ord. 2881, Sec 8, 1992; Ord. 2153 Sec. 9, 1980; Ord. 1853 Sec. 1 (part), 1977. 16.04.130 AMENDMENT OF IBC SECTION 403.1. Repealed. (Ord. 3964, 2010) 16.04.210 AMENDMENT OF IBC SECTION 1808.1. Section 1808.1 of the International Building Code shall be amended to read as follows: Section 1808.1 Footings and Foundations: General. Footings and foundations, unless otherwise specifically provided, shall be constructed of masonry, concrete, or treated wood. In all cases, footings and foundations shall extend below the frost line; the minimum frost line depth shall be twenty-four (24) inches. Footings of concrete and masonry shall be twenty-four (24) inches. Footings of concrete and masonry shall be of solid material; any hollow core masonry unit foundation that exceeds twenty-four (24) inches vertical height shall have all cores filled to a minimum of six (6) inches above finish grade with mortar or other material acceptable to the administrative authority. Foundations supporting wood shall extend at least six (6) inches above the adjacent finish grade. 16.04.240 AMENDMENT OF IBC SECTION 1209.2. Section 1209.2 of the International Building Code shall be amended to read as follows: Section 1209.2 Attic Spaces: Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction. The opening shall be located in a corridor, hallway, or garage of an R-3 occupancy and in the corridor or hallway of any other occupancy. The opening shall be not less than twenty-two (22) inches by thirty (30) inches. Thirty (30) inch minimum clear headroom shall be provided above the access opening. Attics with a maximum vertical clear height of less than thirty(30) inches need not be provided with access openings. 16.04.280 DELETION OF UBC APPENDIX SECTION 111. Repealed. (Ord. 3670 Sec. 2, 2004; Ord. 2501 Sec. 14, 1984.) Ordinance Amending Title 16 Page 5 Section 2. That Chapter 16.05 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.05 IMPERVIOUS SURFACES 16.05.010 PURPOSE 16.05.020 IMPERVIOUS SURFACES DEFINED 16.05.030 PERMIT REQUIRED 16.05.040 EXEMPTIONS 16.05.050 DRAINAGE REQUIREMENTS 16.05.010 PURPOSE. The purpose of this chapter is to protect the public health, safety and general welfare of the citizens of the City of Pasco by regulating the surface drainage of private properties within the City through the use of a permit system. 16.05.020 IMPERVIOUS SURFACES DEFINED. For the purpose of this chapter, "impervious surfaces" shall mean any asphalt concrete, cement concrete, or other substance rolled, laid, poured, or otherwise installed to create a layer of material upon the ground which does not absorb water or through which water cannot drain into the underlying ground. 16.05.030 PERMIT REQUIRED. It is unlawful for any person to install any impervious surface improvement upon private property within the City of Pasco without first obtaining a building permit authorizing such improvement from the Building Inspector, except as provided in Section 16.05.040 or as may be otherwise provided for within the Pasco Municipal Code. Application for such permits shall be made on forms supplied by the Community Development Department, shall include a site sketch depicting proposed direction of surface drainage and location of components or methods to be used to drain the impervious surface. 16.05.040 EXEMPTIONS. The provisions of this chapter shall not apply to impervious surfaces in the following instances: (1) To be those installed in conjunction with a properly permitted improvements to existing structures orpermitted construction or placement of new or existing single- family residences. (Ord. 3964, 2010; Ord. 2465 Sec. 1 (part), 1983. 16.05.050 DRAINAGE REQUIREMENTS. An impervious surface improvement shall be designed to drain, confine and/or impound storm water or site-generated water within the private property upon which the improvement is to be located. The Building Inspector shall determine the adequacy of all plans and methods for the drainage or proposed impervious surface improvements. Ordinance Amending Title 16 Page 6 Section 3. That Chapter 16.08 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.08 PLUMBING CODE 16.08.010 UNIFORM PLUMBING CODE, ADOPTED 16.08.015 ADOPTION OF STATE DELETED SECTION OF UPC 16.08.020 PERMIT FEES 16.08.030 BOARD OF APPEALS 12 16.08.080 PLUMBING FIXTURES REQUIRED 16.08.090 FUEL GAS PIPING 16.08.100 VIOLATION - PENALTIES 16.08.010 UNIFORM PLUMBING CODE, ADOPTED. The Uniform Plumbing Code, 2009 2012 Edition, and the Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council and published as Chapters 51 -26 and 51 -27, Washington State Administrative Code is adopted as the plumbing code of the City except as hereinafter amended, and provided that Chapter 12 regarding Fuel Gas Piping of the Uniform Plumbing Code is not adopted. (Ord. 3964, 2010; Ord. 3670 Sec. 4, 2004; Ord. 3316 Sec. 5, 1998; Ord. 2883 Sec. 1, 1992; Ord. 2727 Sec. 1, 1989; Ord. 2605 Sec 1, 1986; Ord. 2503 Sec. 1, 1984; Ord. 2154 Sec. 1 1980; Ord. 1854 Sec. 1 (part), 1977). 16.08.015 ADOPTION OF STATE DELETED SECTION OF UPC. Uniform Plumbing Code Chapter 7, Part II as published in the 2009 International Plumbing Code is hereby adopted. (Ord. 3964, 2010). 16.08.020 PERMIT FEES. The schedule of fees contained in Table 1 -1 in Chapter 1 of the Uniform Plumbing Code is repealed and the fee schedule as set forth in Section 16.04.040 of the Pasco Municipal Code is adopted in its place. (Ord. 3316 Sec. 5, 1998; Ord. 2503 Sec. 2, 1984; Ord. 2154 Sec. 2, 1980; Ord. 1854 Sec. 1 (part), 1977.) 16.08.030 BOARD OF APPEALS. Section 20.14 of the Uniform Plumbing Code is repealed and the Board of Appeals as set forth in Section 16.04.020 of the Pasco Municipal Code is adopted in its place. (Ord. 2503 Sec. 3, 1984; Ord. 2154 Sec. 3,1980; Ord. 1854 Sec. 1 (part), 1977.) 16.08.080 PLUMBING FIXTURES REQUIRED. Each building shall be provided with sanitary facilities as prescribed by the adopted International Building Code and Uniform Plumbing Code. Every basement shall be provided with at least one floor drain and backflow preventer. The floor drain is to be located in either the utility room, bathroom or furnace room. (Ord. 3964, 2010; Ord. 3670 Sec. 4, 2004; Ord. 2503 Sec. 4, 1984; Ord. 2154 Sec. 8, 1980; Ord. 1854 Sec. 1 (part), 1977. 16.08.090 FUEL GAS PIPING. Chapter 12 of the Uniform Plumbing Code is repealed in its entirety. (Ord. 2503 Sec. 5, 1984; Ord. 2154 Sec. 9, 1980; Ord. 1854 Sec. 1 (part), 1977.) Ordinance Amending Title 16 Page 7 16.08.100 VIOLATION - PENALTIES. It is unlawful for any person, firm, or corporation to violate any of the provisions of this chapter. Every person found in violation of any provision shall be punished by a fine of not more than five hundred dollars. Each firm or corporation found in violation of any provision of this chapter shall be punished by a fine of not more than five hundred dollars. For any violation of a continuing nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense. (Ord. 3190 Sec. 4, 1996; Ord. 1854 Sec. 1 (part), 1977. Section 4. That Chapter 16.12 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.12 GAS INSTALLATIONS 16.12.030 SCOPE 16.12.160 GAS APPLIANCE INSTALLATION - PERMIT REQUIRED INSPECTION FEES 16.12.230 PERMIT AND INSPECTION FEES FOR WORK ON GAS TRANSMISSION AND/OR DISTRIBUTION SYSTEM 16.12.350 ADOPTION OF STANDARDS BY REFERENCE 16.12.030 SCOPE. All gas appliances or gas pipes hereafter sold, installed, maintained, or repaired within the City limits shall conform to the requirements of the 2009 2012 International Mechanical Code as adopted by the City. All gas transmission and/or distribution systems hereafter constructed, installed, operated, and maintained within the City shall conform to the requirements of this chapter. 16.12.160 GAS APPLIANCE INSTALLATION - PERMIT REQUIRED INSPECTION FEES. No person shall install any gas appliance to house piping in any building or structure without first obtaining a permit to do such work from the City. Persons failing to obtain a permit before starting work on the installation, alteration, or repairs of any gas equipment except as otherwise provided shall be required to pay double the fee herein specified when such permit is finally secured. The payment of such double fee, however, shall in no way relieve the person of the penalties otherwise provided for the violation of this chapter. Appliance inspection fee, permit fee shall be based on the value of improvement, using permit fee schedule as stated in Section 16.04.040 of the Pasco Municipal Code. A new permit for piping inspection shall be required for a consumer's premises which already has been piped for gas, but in which no gas has been used for a period of twelve (12) consecutive months or more. When a permit is issued to connect an appliance to an existing stub or outlet, no additional fee will be charged for piping inspection. 16.12.230 RIGHT-OF-WAY WORK PERMIT FOR WORK ON GAS TRANSMISSION AND/OR DISTRIBUTION SYSTEM. Therefore the city engineer shall make inspections to make certain that the provisions of this chapter are complied with and the expenses of the same shall be paid by the gas company upon a bill therefore being submitted by the city engineer before the gas company is released from its bond. Ordinance Amending Title 16 Page 8 16.12.350 ADOPTION OF STANDARDS BY REFERENCE. The following, and as the same also may hereafter be amended, are adopted by reference and shall be observed: (1) Appliances: (2009 2012 International Mechanical Code, 2009 2012 International Fuel Gas code, 2008 2011 NFPA 58 Liquefied Petroleum Gas Code, and 2006 2012 NFPA 54 National Fuel Gas Code. (2) Gas transmission and distribution system: (a) The American Standard Code for Pressure Piping, Section 8, Gas Transmission and Distribution Piping Systems (ASA B 31.1- 1955). (b) The State rules and regulations of the Washington Public Service Commission applicable to gas transmission and/or distribution utilities and safety standards and rules and regulations of the State Department of Labor and Industries. Section 5. That Chapter 16.16 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.16 HOUSING CODE 16.16.010 INTERNATIONAL PROPERTY MAINTENANCE CODE. The International Property Maintenance Code, 2009 2012 Edition,prepared by the International Code Council, as thereinafter amended or revised, is adopted by the City as its official Housing Code. Section 6. That Chapter 16.18 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.18 ENERGY CODE 16.18.020 PERMIT FEES 16.18.030 BOARD OF APPEALS 16.18.020 PERMIT FEES. Every applicant for a permit to do work regulated by this code shall pay for each permit, at the time of application, a fee as adopted by the Pasco Municipal Code in Section 16.04.040. 16.18.030 BOARD OF APPEALS. In order to determine the suitability of alternative materials and methods of construction and/or installation and provide for reasonable interpretation of the provisions of the Energy Code, the Board of Appeals, created pursuant to Section 113 of the 2009 2012 International Building Code as amended by Section 16.04.020 of the Pasco Municipal Code, shall hear appeals and make determinations arising out of or in connection with the decisions of the building official. When it is claimed that the provisions of this code do not apply or that the true intent or meaning of this code has been misconstrued or wrongly interpreted, the applicant may, within thirty (30) days of the decision, appeal to the Board of Appeals. Ordinance Amending Title 16 Page 9 Section 7. That Chapter 16.19 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.19 VENTILATION AND INDOOR AIR QUALITY CODE 16.19.020 PERMIT FEES 16.19.030 BOARD OF APPEALS 16.19.020 PERMIT FEES. Every applicant for a permit to do work regulated by this code shall pay for each permit, at the time of application, a fee as Adopted by the Pasco Municipal Code in Section 16.04.010. 16.19.030 BOARD OF APPEALS. In order to determine the suitability of alternative materials and methods of construction and/or installation and provide for reasonable interpretation of the provisions of the ventilation and indoor air quality code, the Board of Appeals, created pursuant to Section 113 of the 2009 2012 International Building Code as amended by Section 16.04.020 of the Pasco Municipal Code, shall hear appeals and make determinations arising out of or in connection with the decisions of the Building Official. When it is claimed the provisions of the code do not apply or that the true intent or meaning of this code has been misconstrued or wrongly interpreted, the applicant may, within thirty days of the decision, appeal to the Board of Appeals. Section 8. That Chapter 16.32 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.32 MECHANICAL CODE AND FUEL GAS CODE 16.32.010 INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, NFPA 58 LIQUEFIED PETROLEUM GAS CODE, AND NFPA NATIONAL FUEL GAS CODE, ADOPTED. The 2009 2012 International Mechanical Code, 2009 2012 International Fuel Gas Code, 2408 2011 NFPA 58 Liquefied Petroleum Gas Code, and 2006 2012 NFPA 54 National Fuel Gas Code, as published by the International Code Council and the National Fire Protection Association, as thereafter amended or revised by the Washington State Building Code Council and published as Chapter 51-22 Washington Administrative Code, is adopted as the mechanical code of the City, except as hereinafter amended. Ordinance Amending Title 16 Page 10 . it Section 9. That Chapter 16.36 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.36 SWIMMING POOL, SPA AND HOT TUB CODE 16.36.010 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED 16.36.020 SUBSTITUTION FOR IRC SECTION AG105.2 PARAGRAPH 1 FENCES 16.36.030 NEW SECTION ADDED - ZONING REGULATIONS 16.36.010 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED. Appendix G, Swimming Pools, Spas and Hot Tubs published in the 2009 2012 International Residential Code, as hereinafter amended or revised, is adopted by the City as its official swimming pool, spa and hot tub code, by reference therein. (Ord. 3964, 2010; Ord. 3670 Sec. 11, 2004; Ord. 3316 Sec. 13, 1998.) 16.36.020 SUBSTITUTION FOR IRC SECTION AG105.2 PARAGRAPH 1 FENCES. All outdoor swimming pools shall be enclosed by a non - climbable fence or other approved barrier, such fence or approved barrier to be not less than five (5) feet in height and provided with a self- closing gate or gates equipped with a latch or locking device operable only from the pool side of the fence or by a locking device operable by a key only on the outside of the fence. Said fence or barrier shall be no closer than three (3) feet from the water's edge on all sides of the pool and the maximum vertical clearance between grade and the bottom of the barrier shall not exceed two (2) inches, measured on the side of the fence or barrier which faces away from the swimming pool, spa or hot tub. (Ord. 3964, 2010; Ord. 3670 Sec. 11, 2004; Ord. 3316 Sec. 13, 1998.) 16.36.030 NEW SECTION ADDED - ZONING REGULATIONS. (a) Any swimming pool located in any zone shall maintain the same front and side yard setbacks as required by the Zoning Ordinance for the main building. (b) Public and semi -public pools may be approved in a residential zone only after obtaining a special permit from the Board of Adjustment. (Ord. 3964, 2010; Ord. 3316 Sec. 13, 1998 Section 10. That Chapter 16.40 of the Pasco Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.40 FIRE PREVENTION CODE 16.40.010 INTERNATIONAL FIRE CODE, ADOPTED 16.40.015 SUBSTITUTION FOR SECTION 108.1 OF THE IFC—APPEALS 16.40.020 AMENDMENT FOR CHAPTER 2 OF THE IFC SECTION 202 - DEFINITIONS 16.40.025 ADDITION OF NEW SECTION 308.1.4 OPEN PLAME DEVICES, TO THE IFC 16.40.030 AMENDMENT FOR SECTION 401.5 OF THE IFC - ALARMS 16.40.040 ADOPTION OF STATE DELETED SECTIONS OF THE IFC - CHAPTER 3 AND CHAPTER 5 Ordinance Amending Title 16 Page 11 16.40.050 SUBSTITUTION FOR SECTION 3301.1 5608 OF THE IFC - FIREWORKS 16.40.060 ADDITION AMENDMENT OF NEW SECTION 3301.1.3.1 5608.2 FIREWORKS PERMITS, TO THE IFC 16.40.070 ADDITION OF NEW SECTION 3301.1.3.2 5608.2.1.1 DISPLAY, AGRICULTURAL AND WILDLIFE FIREWORKS AND SPECIAL EFFECTS, TO THE IFC 16.40.080 ADDITION OF NEW SECTION 3301.1.3.3 5608.2.1.2 AUTHORITY TO SEIZE FIREWORKS, TO THE IFC 16.40.090 ADDITION OF NEW SECTION 3301.1.3.4 5608.2.1.3 LIABILITY INSURANCE POLICY REQUIRED, TO THE IFC 16.40.100 AMENDMENT TO SECTION 109.3 VIOLATIONS AND PENALTIES OF THE IFC 16.40.010 INTERNATIONAL FIRE CODE, ADOPTED. (a) There is adopted by the City Council of the City, pursuant to the provisions of RCW 35.21.289 and RCW 19.27 for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the International Fire Code, including Appendix Chapters A, B, C, D, E, F, G, H I and J being in particular the 2009 2012 editions thereof and the whole thereof, as amended by the Washington State Building Code Council and published as Chapters 51 -34 and 51 -35 Washington Administrative Code, save and except such portions as are hereinafter deleted, modified or amended, and the same are adopted and incorporated as fully as if set out at length herein and from the date on which the ordinance codified in this chapter shall take effect, the provision thereof shall be controlling within the corporate limits of the City. (b) It is the specific intent of the Fire Code of the City as herein adopted, modified and amended, to place the obligation of complying with its requirements upon the owners and occupiers of the buildings and premises within the scope, and no provision of nor any term used in this Fire Code is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this Fire Code shall be discretionary and not mandatory. (c) Nothing contained in this Fire Code is intended to be nor shall be construed to create or form the basis for any injury or damage resulting from the failure of a building or any premises to comply with provisions of this Fire Code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this Fire Code, or by reason of any action or inaction on the part of the City, related in any manner to the enforcement of this Fire Code by its officers, employees or agents. (d) It is expressly the purpose of this Fire Code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the provisions of this Fire Code. Violation of any provision shall be punished by a fine of not more than five hundred dollars. Each firm or corporation found in violation of any provision of this chapter shall be punished by a fine of not more than five hundred dollars. For any violation of a continuing nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense. (Ord. 3190 Sec. 4, 1996; Ord. 1854 Sec. 1 (part), 1977 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) Ordinance Amending Title 16 Page 12 16.40.015 SUBSTITUTION FOR SECTION 108.1 OF THE IFC – BOARD OF APPEALS. Section 108.1 of the International Fire Code shall be omitted and the Board of Appeals as set forth in Section 16.04.020 of the Pasco Municipal Code is substituted in its place Section 108.1 Appeals. Whenever the Fire Chief or Community Development Director disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply, or that the true intent of the code has been misconstrued or wrongfully interpreted, the applicant may, within thirty (30) days of the decision, appeal that decision to the Mid -Columbia Building Appeals Commission as established under the Building Code. (Ord. 3964, 2010; Ord. 3670 Sec.12, 2004; Ord. 3316 Sec. 14, 1998.) 16.40.020 AMENDMENT FOR CHAPTER 2 OF THE IFC SECTION 202 - DEFINITIONS. The following words and terms in Chapter 2 of the International Fire Code are amended in Sections 202 C, 202 E, 202 -F, and 202 -J to include the following definitions: (a) Section 202 -E F "Fire Chief' is the Chief Officer of the Pasco Fire Department or the Chief's authorized representative and further means the person appointed by the City Manager (or that person's authorized representative) to administer and enforce the International Fire Code within the City of Pasco. (b) Section 202 -J Jurisdiction means the City of Pasco. Jurisdictional area • _-- - . . -- • -•- _ P . _- • •..• . (Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) 16.40.030 AMENDMENT FOR SECTION 401.5 OF THE IFC - ALARMS. Section 401.5 of the International Fire Code is amended to read as follows: Section 401.5. It is unlawful for any person, business or legal entity, having or conducting a private fire alarm system to transmit three (3) or more false alarms within a ninety (90) day period. The owner of any residence, business or premises in which said alarm system exists, shall be responsible for payment of the City of Pasco of its reasonable costs for labor, equipment, fuel and materials, as determined by the Pasco Fire Chief, for a response by the Fire Department for the third and each subsequent false alarm in a ninety (90) day period. For the purposes of this section, the term "False Alarm" means the activation of a fire alarm because of accident, malfunction or an inadvertent activation, at a time when no fire exists on the premises. (Ord. 3964, 2010 16.40.035 ADOPTION OF STATE - DELETED SECTIONS OF THE IFC. Repealed (Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) 16.40.040 ADOPTION OF STATE DELETED SECTIONS OF THE IFC — CHAPTER 3 AND CHAPTER 5. Chapter 3 Section 308.1.4 and 503.1 Chapter 5 Sections 503.1, 503.1.1, 503.1.2, 503.1.3, 503.2, 503.3, 503.4 as published in the 2009 2012 International Fire Code are hereby adopted. (Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) 16.40.050 SUBSTITUTION FOR SECTION 3301.1 5608 OF THE IFC - FIREWORKS. Section 3301.1.3 5608.1 of the International Fire Code is hereby amended to read as follows: Section 3301.1.3 5608.1 FIREWORKS: Except as herein provided, it shall be unlawful for any person to store, offer for sale, expose for sale or use, possess, fire, or discharge any fireworks. The Fire Chief shall have the authority to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by the municipality, fair association, amusement parks, and other organizations. Every such display shall be handled by a competent operator approved by the Fire Chief. Every operator shall have first obtained a Washington State Pyrotechnic license pursuant to RCW 70.77.305 and WAC Chapter 212 -17. The display shall be Ordinance Amending Title 16 Page 13 I of such a character, and so located, discharged or fired as in the opinion of the Fire Chief after proper inspection, shall not be hazardous to property or endanger any person. Violation of this subsection shall constitute a civil infraction punishable by a civil penalty not to exceed two hundred and fifty dollars ($250.00) for each violation. EXCEPTION: Any person having the necessary licenses from the State of Washington may possess and store fireworks in the City of Pasco at an approved location properly zoned therefore, for the purpose of the distribution of such fireworks for retail sale outside the city limits. (Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) 16.40.055 AMENDMENT FOR SECTION 308.4 OF THE IFC. Repealed. (Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) 16.40.060 ADDITION AMENDMENT OF NEW SECTION 3301.1.3.1 5608.2 FIREWORKS PERMITS, TO THE IFC - Section 3301.1.3.1 of the International Fire Code is hereby added to read as follows: Section 3301.1.3.1 5608.2 FIREWORKS PERMITS: Application for permits required for a public display of fireworks originating within City of Pasco municipal boundaries shall be made in writing at least fifteen (15) days in advance of the display. No permit granted hereunder shall be transferable. (Ord. 3964, 2010; Ord. 3316 Sec. 14, 1998.) 16.40.070 ADDITION OF NEW SECTION 3301.1.3.2 5608.2.1.1 DISPLAY, AGRICULTURAL AND WILDLIFE FIREWORKS AND SPECIAL EFFECTS TO THE IFC. Section 3301.1.3.2 5608.2.1.1 of the International Fire Code is hereby added and shall read as follows: Section 3301.1.3.2 5608.2.1.1 Display, Agricultural and Wildlife Fireworks, and Special Effects: No person may sell, discharge, or possess in the City of Pasco, any of the following except with a permit and in the manner provided by law: 1. "Display fireworks" as defined in RCW 70.77.131 and WAC 212-17-040 2. "Agricultural and Wildlife Fireworks" as defined in RCW 70.77.141 and WAC 212-17- 045. 3. "Special effects" as defined in RCW 70.77.146. (Ord. 5046 Sec. 1 (part), 2004) 4. "Articles pyrotechnic, special effects for entertainment media" as defined in RCW 70.77.535. (Ord. 3964, 2010). 16.40.080 ADDITION OF NEW SECTION 3301.1.3.3 5608.2.1.2 AUTHORITY TO SEIZE FIREWORKS TO THE IFC. Section 3301.1.3.3 5608.2.1.2 the International Fire Code is hereby added and shall read as follows: Section 3301.1.3.3 5608.2.1.2 AUTHORITY TO SEIZE FIREWORKS: Any member of the Pasco Police or Fire Department is hereby authorized and empowered to seize, take, remove or cause to be removed at the expense of the owner any and all stocks of fireworks offered or exposed for sale, stored, or transported, or held in violation of this article. (Ord 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) Ordinance Amending Title 16 Page 14 16.40.090 ADDITION OF NEW SECTION 3301.1.3.1 5608.2.1.3 LIABILITY INSURANCE POLICY REQUIRED TO THE IFC. Section 3301.1.3.1 5608.2.1.3 of the International Fire Code is hereby added and shall read as follows: Section 3301.1.3.4 5608.2.1.3 LIABILITY INSURANCE POLICY REQUIRED The applicant for a permit for a public display of fireworks shall file with the Fire Department a copy of public liability and property damage insurance policy providing coverage with minimum limits as specified in RCW 70.77.295; however, the holder of general license from the chief of the Washington State Patrol, through the director of fire protection, and upon compliance with RCW 70.77.355, shall be excused from compliance with this subsection. (Ord.3964, 2010) 16.40.100 AMENDMENT TO SECTION 109.3 4 VIOLATIONS AND PENALTIES OF THE IFC. Section 109.3 4 of the 2009 2012 International Fire Code is amended to read as follows: Section 109.3 4 Violations - Penalties: Any person, firm or corporation violating a provision of this chapter which is not also a violation of any other provisions of this Title or the codes adopted thereby, or shall fail to comply with the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or direction of the fire code official, or of a permit or certificate used under the provisions of this chapter, or operate or maintain an occupancy, premises, or vehicle subject to this chapter who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or vehicle when ordered to do so by the fire code official, shall be guilty of a gross misdemeanor. Each day that violation continues after due notice has been served, shall be deemed a separate offense. (Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) Section 11. Effective Date. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco this 1*) day of July, 2013 A01,414,4f Matt Watkins, Mayor ATTEST: Debra . Clark, City-Clerk's' Leland B. Kerr, City Attorney Ordinance Amending Title 16 Page 15