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ORDINANCE NO. 4/6
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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16.04.280 REPEALED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
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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
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