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HomeMy WebLinkAbout2021.01.11 Council Remote Workshop Packet AGENDA Remote Workshop Meeting 7:00 PM - Monday, January 11, 2021 GoToWebinar Page 1. REMOTE WORKSHOP INSTRUCTIONS - The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode is: (562) 247-8422 and use access code 465-398-545. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION 3 - 16 (a) Downtown Pasco Development Authority Annual Report 2020 17 - 69 (b) Ordinance - Code Amendment Waterfront Development District (MF# CA2019-007) 70 - 85 (c) Resolution - Paymentus Master Service Agreement 86 - 162 (d) Ordinance - 2018 International and State Code Updates 163 - 181 (e) Resolution - Interlocal Cooperation Agreement for Quad-City Water Rights 182 - 190 (f) Resolution - Interlocal Agreement with Franklin Conservation District for Municipal Water Rights Page 1 of 193 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION 8. ADJOURNMENT 9. ADDITIONAL NOTES 191 - 193 (a) Adopted 2020-2021 Council Goals (Reference Only) (b) REMINDERS • Monday, January 11, 6:00 PM: Old Fire Pension Board Meeting – Virtual Meeting by GoToMeeting (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) • Thursday, January 14, 7:00 PM: Ben Franklin Transit Board Meeting – Virtual Meeting (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER ZAHRA ROACH, Alt.) • Friday, January 15, 10:00 AM: Benton-Franklin Council of Governments Board Meeting – Virtual Meeting (COUNCILMEMBER RUBEN ALVARADO, Rep., MAYOR PRO TEM BLANCHE BARAJAS, Alt.) • Tuesday, January 19, 4:00 PM: Pasco Public Facilities District Board Meeting – Council Chambers, Pasco City Hall (COUNCILMEMBER CRAIG MALONEY, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Tuesday, January 19, 6:00 PM: LEOFF Disability Board – Virtual Meeting by GoToMeeting (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 193 AGENDA REPORT FOR: City Council January 6, 2021 TO: Dave Zabell, City Manager Remote Workshop Meeting: 1/11/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Downtown Pasco Development Authority Annual Report 2020 I. REFERENCE(S): DPDA Annual Report Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The City contributes $100,000 annually to the Downtown Pasco Development Authority (DPDA) under the current Funding Agreement and approximately $50,000 to $57,000 per year additionally from Block Grant sources to the Pasco Specialty Kitchen. As noted in last week's Workshop Agenda Report - the City will receive a Utility Tax a 2020 of result as the in $64,000 approximately of credit 2021 contribution, leaving the net City contribution of unrestricted funds to DPDA on the order of $36,000. IV. HISTORY AND FACTS BRIEF: The DPDA Annual Report is a function of the current Funding Agreement (extended through the first quarter of 2021 by Council action last week) and the report important on Council advise to DPDA for opportunity the is the accomplishments in the past year and goals/projects for the coming year. V. DISCUSSION: The COVID-and 19 pandemic has substantially challenged retail service industries at all levels just as the City is initiating three very important projects Page 3 of 193 for the Downtown - the Lewis Street Overpass, Peanuts Park/Farmers Market revitalization and Lewis Streetscape Improvements. The pandemic significantly impacted DPDA activities for 2020 requiring a dramatic shift in their activities; major public events cancelled and many traditional services suspended which were replaced by a shift in the focus of business assistance services from stability and growth to survival. The DPDA will highlight their efforts this past year and engage Council with important goals for 2021. Page 4 of 193 DPDA Annual Report 2020 1Page 5 of 193 MISSION & VISION The mission of the DPDA is to strengthen and develop Downtown Pasco as a center for culture, business, and community spirit. Downtown Pasco is an economically vibrant, culturally diverse destination for a family-friendly experience!Page 6 of 193 2020 ORIGINAL BUDGET u We received $20,000 for anual event sponsorship and $5,000 for scholarships from the City. We also received $8,500 from Port of Pasco making a total lost of $127,405.50 projected sponsorship money. u We received $75,000 dollars from Group Health Foundation for events, having lost of only $65,000 Page 7 of 193 TEAM DPDA! Executive Director Program Manager Administrative Assistant Creative Team Program Assistant Manager Downtown District DPDA Board ProgramSpecialist PSK Maintenance Page 8 of 193 STRATEGIC WORK PLAN 2021 •We will create a new 3-5 year plan with help from the City Completed Activities as of 2020 from last plan •Strong bilingual-bicultural presence over Internet & Social Media •Downtown Pasco Calendar •Downtown free Wi-Fi •Downtown Constant Contact News Letter •Kept our Main Street Accreditation •We offered technical assistance in graphic design and business development •We highlighted our Pasco Farmers Market and DPDA brand in different media channels •Virtual 5 de Mayo and Fiery Foods Festival •Successful Farmers Market 2020 season following all COVID guidelines •We kept all employees and distributed more than 800,000 dollars for COVID relieve funds to Pasco Businesses •Created a new Outreach Program •We donated more than 7000 PPE products to clients and general publicPage 9 of 193 PPE SIGNS AND PRODUCTS https://www.downtownpasco.org/gift-shop.html Page 10 of 193 VIRTUAL 2020 EVENTS u Around 10,000 people came to our Farmers Market, our virtual events reach out over 3,000 peoplePage 11 of 193 DOWNTOWN BUSINESS ACTIVITY •Four new businesses opened •ADY’s—Boutique and beauty salon •S’amos—hair salon •Fresh Produce—fresh fruits, vegetables and honey •Flower Store, Mel and Pel—fresh fLowers and kids toys •Businesses Closed •Mr.Taxedo •Chuyito’s Barber Shop •El DoradoPage 12 of 193 WORKING WITH OTHER ORGANIZATIONS https://www.facebook.com/greatercolumbiaach/ https://www.flytricities.com/es/Page 13 of 193 GOALS FOR 2021 •Keep our current clients at PSK and increase the brand awareness by promoting our entrepreneurial program to serve low or moderate income people. •To start an Outreach Program pasconecta.com working with the City to provide business outreach, coordination and planning for both the Lewis Street Overpass and Peanuts Park/Farmers Market renovation projects. •Bring virtual events again and have at least 32 vendors for the 2021 Farmers Market Season. •To work with at least 5 businesses in renewing their facades trough our CDBG Program. •To keep offering technical assistant in Spanish for graphic design, web design and business development. Page 14 of 193 WE ARE DOWNTOWNPASCO.ORG u https://www.downtownpasco.org/about-us.html Page 15 of 193 QUESTIONS?Page 16 of 193 AGENDA REPORT FOR: City Council January 5, 2021 TO: Dave Zabell, City Manager Remote Workshop Meeting: 1/11/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Ordinance - Code Amendment Waterfront Development District (MF# CA2019-007) I. REFERENCE(S): Proposed Ordinance Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Port of Pasco requested an amendment to the Pasco Municipal (Zoning) Code for the creation of a new zoning district titled “Waterfront Development District.” The Port of Pasco owns, operates, and manages major facilities in the greater Pasco area including the Tri-Cities Airport, Big Pasco (Industrial Center), the Pasco Processing Center, and has led and participated in various programming and planning for economic development in our region. The creation of the Waterfront Development District implements the shared vision of increasing uses and amenities on Pasco's waterfront shared by both the Port and the City, and as expressed by community support. Past planning efforts included the Boat Basin and Marine Terminal Plan (2010), which identified mixed-use developments with residential densities at the Marine Terminal; and in 2016, the Port of Pasco, City of Pasco, and Franklin County collaborated on SOMOS PASCO, a regional economic strategic vision that enjoys support from over 1,600 community members. Pasco and Tri-Cities community identified a vibrant waterfront as a shared priority. Page 17 of 193 At the September 28, 2020, remote City Council workshop meeting, a verbal presentation from City and Port of Pasco staff described the proposal, including the various development regulations within the new district. As a response, the applicant has updated their proposal with revisions related to development standards and permitted uses. Staff met (virtually) with the Port of Pasco and the developer to review the modifications. There were no concerns from staff on changes. V. DISCUSSION: The applicant will provide a presentation of the updated proposal. Page 18 of 193 Ordinance – Formation of WD District - 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING CHAPTER 25.127 OF THE PASCO MUNICIPAL CODE, “WATERFRONT DEVELOPMENT DISTRICT.” WHEREAS, the City of Pasco and the Port of Pasco share a vision for the Pasco waterfront to provide a variety of uses; WHEREAS, the City of Pasco and the Port of Pasco developed the 2010 Boat Basin and Marine Terminal Plan that called for a mixed-use neighborhood with residential and commercial uses; WHEREAS, the Port of Pasco commissioned a Marine Terminal Redevelopment Assessment Report that identified a variety of uses that envisioned the area as a local and regional attraction; WHEREAS, in 2016, the City of Pasco, Port of Pasco and Franklin County collaborated on a regional economic strategic vision titled SOMOS PASCO; WHEREAS, public input from SOMOS PASCO included over 1,600 community members and indicated that among the highest priorities is developing Pasco’s riverfront with mixed use, residential and commercial development combined with open space and public access; WHEREAS, a broader community visions titled MyTri2030 by the Tri-Cities Regional Chamber of Commerce identified an established waterfront that attracts families and activities with shopping, dining and arts were supported by the community; WHEREAS, mixed-use development will support job growth and allow the Osprey Pointe area to pursue unique live-work-play development that are not available in our region; WHEREAS, the Port of Pasco has identified that industrial development has changed over the past several decades and the mixed-use developments aligns with Osprey Pointe’s vision; WHEREAS, the Waterfront Development District is supported by the Comprehensive Plan Major Update; WHEREAS, the Waterfront Development District will be bound by the following: E Ainsworth Avenue (North), Columbia River (South), S Gray Avenue (West) and SE Road 18 (East); and Page 19 of 193 Ordinance – Formation of WD District - 2 WHEREAS, were applicable, Waterfront Development District shall comply with the Shoreline Regulations (Title 29) of the Pasco Municipal Code and the Shoreline Management Act RCW 90.58; WHEREAS, the creation of the Waterfront Development District implements community visioning, agency plans and addresses the regions needs for housing and walkable complete neighborhoods. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 25.20.010 entitled “Establishment of zoning districts” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.20.010 Establishment of zoning districts. For the purpose of promoting the public health, safety, morals, and general welfare of the City, the City is divided into the following types of zones: R-T District Residential Transition District R-S-20 District Residential Suburban District R-S-12 District Residential Suburban District R-S-1 District Low-Density Suburban Residential District R-1 District Low-Density Residential District R-1-A District Low-Density Residential Alternative District R-1-A2 District Low-Density Residential Alternative District R-2 District Medium-Density Residential District R-3 District Medium-Density Residential District R-4 District High-Density Residential District RP District Residential Park District O District Office District C-1 District Retail Business District C-2 District Central Business District C-2 Overlay District Central Business Overlay District C-3 District General Business District Page 20 of 193 Ordinance – Formation of WD District - 3 C-R District Regional Commercial District BP District Business Park District I-182 Overlay District I-182 Corridor Overlay District I-1 District Light Industrial District I-2 District Medium Industrial District I-3 District Heavy Industrial District WD Waterfront Development District [Ord. 4110 § 6, 2013; Ord. 3731 § 27, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.16.010.] Section 2. That a new Chapter 25.127 entitled “Waterfront Development District” of the Pasco Municipal Code shall be and is hereby created and shall read as follows: Chapter 25.127 Waterfront Development District Sections: 25.127.010 Purpose. 25.127.015 Terms defined. 25.127.020 Permitted uses. 25.127.030 Permitted accessory uses. 25.127.040 Conditional uses. 25.127.050 Prohibited uses. 25.127.060 Unlisted uses. 25.127.070 Development standards. 25.127.010 PURPOSE. The purpose of the waterfront development (WD) district is to allow the location of a compatible mix of commercial, residential, , and recreational uses on parcels situated close to the Columbia River waterfront and within the Osprey Pointe property, historically owned by the Port of Pasco. 25.127.015 TERMS DEFINED. “Artisan manufacturing” means small-scale businesses that manufacture artisan goods or specialty foods. Small manufacturing production primarily focuses on direct sales rather than the wholesale market. 25.127.020 PERMITTED USES. The following uses shall be permitted in the waterfront development district: (1)Commercial, office, educational, and government uses: (a)All uses permitted in the “O” Office district; Page 21 of 193 Ordinance – Formation of WD District - 4 (b)Artisan manufacturing, provided that such uses are intended to be compatible with surrounding development and shall adhere to the following requirements: (i)Structures shall not encompass more than 10,000 square feet of area, and the 10,000 square foot total shall include all indoor storage areas associated with the manufacturing operation. (ii)Outdoor storage is prohibited. (iii)Loading docks. Where the site abuts a residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential use. (iv)Public viewing. Artisan manufacturing uses must accommodate public viewing or a customer service space. Public viewing shall be accomplished with windows or glass doors covering at least 25 percent of the front of the building face abutting the street or indoor lobby wall, allowing direct views of manufacturing. The display area may be reduced below 25 percent where fire-rated separation requirements restrict opening size as determined by the building official. A customer service space including a showroom, tasting room, restaurant or retail space may be provided that substitutes for the exterior public viewing area. (v)All uses shall not emit smoke, gas, odor, dust, sound, vibration, soot, heat, glare, or light that is detectable beyond the property line. (c)Banks and financial institutions; (d)Bars, taverns, and craft breweries, boutique wineries, and small-scale distilleries and/or tasting rooms (any production of product shall be small-scale in nature, with annual production limited to 300 barrels per year of beer or equivalent product); (e)Churches and similar places of worship; (f)Dancing schools; (g)Gyms and fitness centers; (h)Hotels and motels; (i)Laundries/dry cleaners; (j)Portable food vending/food trucks; (k)Printing shops; (l)Public or commercial parking garages; (m)Public markets for fresh produce and craft work; (n)Restaurants and eating establishments, including food halls with shared common areas; (o)Stores and shops for the conduct of retail business and similar services in buildings not exceeding 80,000 gross square feet such as: (i)Bakeries, retail for distribution from the premises; (ii)Barber and beauty shops; (iii)Bookstores, except adult bookstores; (iv)Catering establishments; (v)Artist and office supplies; (vi)Florists; (vii)Specialty retail stores; Page 22 of 193 Ordinance – Formation of WD District - 5 (viii)Museums and art galleries; (ix)Clothing, shoes and accessories, and costume rentals (new/unused materials only); (x)Crafts, stationery, and gift shops; (xi)Department and drug stores; (xii)Grocery or specialty food stores; (xiii)Furniture and home appliance stores; (xiv)Import shops; (xv)Jewelry and gem shops, including custom work; (xvi)Shoe repair shops; (xvii)Sporting goods stores; (xviii)Tailor and seamstress shops; (xix)Upholstery shops; (p)Locksmith shops; (q)Membership clubs; (r)Theaters (movie or live theater); (s)Veterinary clinics serving household pets (no boarding or outdoor treatment facilities); and (t)Universities, colleges, and business, professional, technical, and trade schools. (2)Residential uses: (a)Single-family detached dwellings may be located west of the alignment of South Maitland Avenue at densities prescribed under PMC 25.127.070; (b)Attached single-family dwellings (duplexes and townhouses) may be located east of the extension of South Maitland Avenue, but no further than 500 feet east of the alignment of South Oregon Avenue at densities prescribed under PMC 25.127.070; and (c)Multifamily dwellings may be located no further than 500 feet east of the alignment of South Oregon Avenue. (d)Short-term vacation rental uses, and Bed and Breakfasts may be established where residential uses are allowed. (3)Recreational and entertainment uses: (a)Indoor and outdoor event and entertainment uses and facilities (commercial or public), not to exceed fifteen acres; (b)Marinas and marine repair facilities; (c)Mixed-use buildings containing any combination of residential, commercial, office, educational, and government facilities in a single building; and (d)Public and private parks and trails. 25.127.030 PERMITTED ACCESSORY USES. (1)Accessory dwelling units when associated with a permitted residential use; (2)Family home childcare in conformance with WAC 170-296A-0010; (3)Sheds not exceeding 200 square feet provided they are located in the rear yard of residential uses or a place of business and attached to the primary structure; (4)Private parking lots and garages meeting the development standards of this chapter; (5)Storage facilities accessory to multifamily dwellings for the sole use of residents; Page 23 of 193 Ordinance – Formation of WD District - 6 (6)Home occupations in accordance with PMC 25.150; and (7)Alcoholic beverage sales; and (8)Private streets, meeting the standards of PMC 25.127.070(14). 25.127.040 CONDITIONAL USES The following uses are permitted subject to the approval of special permit as provided in Chapter 25.200 of the PMC: (1)Retail, wholesale, and department stores and shops exceeding a gross floor area of 80,000 square feet; (2)Landscape gardening and storage area for equipment and materials, provided that plants and materials are located behind a building and are not visible from the public right-of-way or residential uses; (3)Nursing homes and assisted living facilities; (4)Marine gas sales; (5)Gasoline and service stations; (6)Drive-thru uses; and (7)Indoor and outdoor event and entertainment uses and facilities (commercial or public), exceeding fifteen acres; and (8)Exceptions to maximum building heights listed in 25.127.070(9). 25.127.050 PROHIBITED USES. The following uses are prohibited in the WD district: (1)All uses permitted conditionally in the I-2 Medium Industrial district; (2)Automobile assembly, services, or repair; (3)Vehicle rental; (4)Tire stores; (5)Car washes; (6)Automobile detail shops; (7)Automobile sales; (8)Auto body shops; (9)Mini-storage facilities; (10)Pawn shops; (11)Card rooms and bingo parlors; (12)Secondhand dealers – similar or like uses although not specifically listed are also prohibited; (13)Adult bookstores or entertainment facilities; (14)Truck stops – diesel fuel sales; (15)Truck terminals; (16)Heavy machinery sales and service; (17)Contractor’s plant or storage yards; (18)Mobile home and trailer sales and service; (19)Veterinarian clinics for livestock, including outdoor treatment facilities; (20)Pharmaceutical laboratories; (21)Industrial medical facilities; Page 24 of 193 Ordinance – Formation of WD District - 7 (22)Any outdoor manufacturing, testing, processing, or similar activity; (23)On-site hazardous substance processing and handling or hazardous waste treatment and storage facilities; (24)Kennels and animal boarding facilities; (25)The manufacturing, compounding, processing, packaging of cosmetics, pharmacology, and the reducing and refining of fats and oils; (26)Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting, or baling; (27)Cemeteries; (28)Recreational vehicle parks; and (29)Outdoor storage of RVs, boats and trailers. 25.127.060 UNLISTED USES. All unlisted uses shall be classified as conditional uses and require a special use permit under PMC 25.200. 25.127.070 DEVELOPMENT STANDARDS. (1)All structures, uses, and shoreline modifications shall comply with the City of Pasco Shoreline Master Program (PMC 29.15), where applicable. (2)Minimum density: (a)Commercial, office, education and government uses: none. (b)Residential uses: 14 units/net acre average for residential portions of the WD district (net acre excludes infrastructure, such as roads, utility easements, stormwater infrastructure, and excludes critical areas, and applies to the entire WD district rather than to individual developments). Additionally, residential uses shall not comprise more than 50 percent of the gross land area within the WD district. (3)Minimum lot area: (a)Commercial, office, education and government uses: none. (b)Residential uses: 1,000 square feet (single family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. (4)Minimum lot width: (a)Commercial, office, education and government uses: none. (b)Residential uses: 35 feet (single family detached), 20 feet per unit (duplex and single-family attached). There is no minimum lot width for multifamily dwellings. (5)Lot coverage: Dictated by parking requirements, setbacks and landscaping; (6)Minimum Yard Setbacks - Front. (a)Commercial, office, education and government uses: none. (b)Residential uses: 10 feet (single family detached and attached, and duplexes), 20 feet (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (7)Minimum Yard Setbacks – Interior side yard. Page 25 of 193 Ordinance – Formation of WD District - 8 (a)Commercial, office, education and government uses: none. (b)Residential uses: 5 feet (for primary structures in single family detached and attached, and duplexes; however, the minimum yard setback is reduced to 3 feet where fire barriers are provided for buildings), 15 feet from other buildings (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas, in mixed-use buildings or for zero-lot line development. (8)Minimum Yard Setbacks – Street side yard and rear. (a)Commercial, office, education and government uses: none. (b)Residential uses: 10 feet (single family detached and attached, and duplexes; however, the minimum setback for detached garages is 3 feet), 20 feet from other buildings (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (9)Maximum building height: (a)Commercial, office, education and government uses: 60 feet (b)Residential uses: 35 feet (single family detached and duplexes), 40 feet (single- family attached and garden-style apartments/ condominiums), 90 feet (multifamily adjacent to commercial areas or in mixed-use buildings). (10)Fences and hedges: (a)Fences and walls shall meet the requirements of PMC 25.180, with the following exceptions: (i)Fences and walls shall be constructed using a combination of natural materials such as wood, stone, or brick including those on industrially used properties. (ii)Barbed wire and electrified fencing are prohibited on all properties; (11)Parking: (a)All new uses in the WD district must provide parking in accordance with Table 25.127(1). The Community and Economic Development Director may approve ratios lower than the minimum if the new use provides bicycle parking, includes access to an improved bus stop, or will have shared parking spaces. See subsection (d), (e), and (f) of this section pertaining to parking reductions. The Community and Economic Development Director shall determine parking requirements for unlisted uses. Uses which are not listed in the table shall have parking requirements of the nearest analogous use which is included in the table, as determined by the Community and Economic Development Director. If the number of minimum off-street parking spaces required in PMC 25.127(1) contains a fraction, the number shall be rounded up if the fraction is equal to or greater than one-half, and rounded down if less than one-half (b)On-street parking or off-street public parking lots may be used in combination with dedicated off-street parking to accommodate parking demand from individual developments. (c)On-street and off-street public parking may be time-limited, metered, or otherwise restricted in order to ensure that parking demand from individual developments does not adversely impact parking availability for the district as a whole and may be managed by either the Port, City or an Association/Business Entity (depending on public or private ownership). Parking spaces must be located within 500 feet of the proposed use unless the use is listed under the Page 26 of 193 Ordinance – Formation of WD District - 9 “Recreational and Entertainment Use” category in Table 25.127(1) in which case parking may be located off-site, provided that if the parking facility is under different ownership, a written agreement or lease is required. No more than 30 percent of the minimum parking requirement for an individual use may be on- street spaces or off-street public spaces more than 500 feet away from the proposed use except as noted above. (d)Bicycle parking reduction. For every five bicycle parking spaces provided, the number of vehicle parking spaces may be reduced by one up to maximum of 10 percent of the minimum number of spaces otherwise required. (e)Bus stop reduction. Where an improved, permanent bus stop (i.e. bus shelter) is located within 1,000 feet of a use, the required number of parking stalls may be reduced by ten percent. (f)Shared Uses. Owners of two or more uses, structures, or parcels of land within 500 feet of each other may share the same parking area when the hours of operation do not overlap. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated or reserved between uses; a notarized and recorded parking agreement shall be required for shared parking between two or more separate tax parcels under separate ownership. (g)Special event parking lots used on an infrequent basis such as those associated with seasonal play fields shall be exempt from provisions of this chapter. Table 25.127(1): Number of Minimum Required and Maximum Allowed Parking Spaces by Use in the WD District Use Category Minimum Maximum COMMERCIAL, OFFICE, EDUCATIONAL, AND GOVERNMENT USES (per 1,000 square feet of gross floor area unless otherwise specified) Churches, places of worship, clubs, fraternal societies 1 per 100 square feet main assembly area 1 per 60 square feet of main assembly area Commercial lodging (hotel, motel, bed and breakfast, short-term vacation rentals) 0.5 per room 1 per room Educational Uses Elementary schools 1 per classroom and 1 per employee 1.5 per classroom Middle schools 1 per classroom 2 per classroom High school 7 per classroom 10.5 per classroom Universities, colleges, business, professional, technical and trade schools 0.3 per full-time student and 0.8 per employee 0.5 per FTE student and 0.8 per employee Gyms or fitness centers 3 5 Museums and art galleries 2.5 4 Page 27 of 193 Ordinance – Formation of WD District - 10 Offices: Administrative, Professional, Government 2 4 Portable food vendors/food trucks None required None required Restaurants/bars/ breweries, wineries, and distilleries 0.5 per 3 seats 1.0 per 3 seats Retail sales and services 3 5 Wholesale sales 3 5 RESIDENTIAL USES (per unit unless otherwise specified) Single-family detached 1 2 Accessory dwelling units 0.5 1 Single-family attached and two-family dwellings 1 2 Multifamily dwellings 0.75 1.5 Nursing homes and assisted living facilities 0.25 per bed 0.5 per bed RECREATIONAL AND ENTERTAINMENT USES (per 1,000 square feet of gross floor area unless otherwise specified) Public and private parks and trails To be determined during land use approval process Event entertainment (indoor or outdoor)1 per 8 seats 1 per 5 seats Theaters 1 per 4 seats 1 per 2.7 seats INSTITUTIONAL USES (per 1,000 square feet of net floor area unless otherwise specified) Hospitals 1 per bed 1.5 per bed Police and fire stations 2 4 (12)Landscaping: (a)Surface parking lots shall be landscaped in accordance with PMC 25.180.070. (b)Single-family detached and attached residences and duplexes shall be landscaped in accordance with PMC 25.180.050(4). (c)Single-use commercial property shall be screened in accordance with 25.180.050(3). Commercially used property in multistory and/or mixed-use buildings are exempt from landscaping requirements. (13)Transportation (a)The internal transportation network of the Waterfront District shall be designed to maximum multi-modal travel options. All transportation infrastructure shall meet the intent of the City Complete Streets Ordinance (PMC 12.15) and comply with the International Fire Code. Dedication of public right-of-way is not required when private streets are used. (14)Design Standards (Transportation) (a)Speed Limits: 20 MPH (b)Sidewalk Widths: • Residential: Minimum 6’ • Commercial/Mixed Use: Minimum: 10’ (c)Local Access Streets: Page 28 of 193 Ordinance – Formation of WD District - 11 • Driving Lane Minimum width: 11’ • Parking Lane Minimum width: 8’ • Dedicated Bicycle Lane: minimum width: 5’ (where included) (d)Alleys: • Minimum: 20’ width (e)Private Street/Lane: (i)Private street improvements for streets providing access to uses which are not single-family residential shall meet the standards for Local Access Roads, at a minimum, with the exception being that sidewalk must be present on at least one side and on-street parking must be present on one side. This will result in a roadway section, with curb and gutter, that measures 31' back-to-back of curb. Street lighting will be provided per the type chosen at the developer’s discretion. (ii)Private street improvements for streets providing access to single-family residential uses shall be designed to meet International Fire Code requirements for fire apparatus, including pavement markings and signage for “No Parking – Fire Lane.” Sidewalks are not required when pedestrian paths are provided with a design accommodating pedestrian circulation which is separated from vehicle traffic movements. Streets lighting will be provided per the type chosen at the developer’s discretion. (iii)Private streets must not interfere with vehicle, public transportation or non-motorized access to public areas, and may not preclude the connection of the transportation system. (iv)Storm water facilities must be designed to treat and retain all storm water on-site without any runoff entering City of Pasco right- of-way. (v)Every private street within the district shall be named, and names shall be clearly posted in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) standard. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ____ day of _______________, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Page 29 of 193 Ordinance – Formation of WD District - 12 Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________ Page 30 of 193 Page 31 of 193 JMS Construction and Development Page 32 of 193 JMS Construction and Development Page 33 of 193 JMS Construction and Development Small Homes Page 34 of 193 Page 35 of 193 JMS Construction and Development Condos with detached garages Page 36 of 193 Page 37 of 193 JMS Construction and Development 1,2 & 3 Bedroom Condos Commercial on the street level &Page 38 of 193 Page 39 of 193 Page 40 of 193 Shared rooftop areas for BBQ’s and fun Page 41 of 193 JMS Construction and Development 55 & older community Page 42 of 193 Page 43 of 193 2 bedroom, 2 bath Open design floor plans Page 44 of 193 Fun Health Relaxation Page 45 of 193 JMS Construction and Development Mixed use spaces with living above Page 46 of 193 Sidewalks are wide with areas for eating and funPage 47 of 193 Underground parking Commercial use Office / Studio space Condo living Page 48 of 193 JMS Construction and Development Riverfront Commercial on street and 3Bed, 2bath condos Page 49 of 193 Page 50 of 193 Upper floor with private rooftops Page 51 of 193 Page 52 of 193 JMS Construction and Development Mixed use with upper loft units Page 53 of 193 Page 54 of 193 Page 55 of 193 JMS Construction and Development Marketplace with over 100 Vender spots Page 56 of 193 Page 57 of 193 Page 58 of 193 Page 59 of 193 Page 60 of 193 Page 61 of 193 Page 62 of 193 150 room Hotel with commercial space Page 63 of 193 Hotel Splash park Page 64 of 193 JMS Construction and Development 80,000 Sq,Ft Indoor Event Center Page 65 of 193 Page 66 of 193 Page 67 of 193 8 Acre Amphitheatre Page 68 of 193 OSPREY POINTE Overview Page 69 of 193 AGENDA REPORT FOR: City Council November 9, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 1/11/21 FROM: Richa Sigdel, Director Finance SUBJECT: Resolution - Paymentus Master Service Agreement I. REFERENCE(S): Resolution Sole Source Worksheet City Manager Memorandum Master Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: No additional impact as this is an ongoing service, funding is included in the City's 2021-2022 Biennial Budget for $260,000/yr. This proposal will provide some savings. IV. HISTORY AND FACTS BRIEF: Through a Master Services Agreement (MSA), Paymentus Corporation has been providing electronic bill payment services to the City of Pasco for approximately 15,500 over completes Currently years. four Paymentus transactions a month for the City, which includes 6,982 automatic payment accounts. Due to the pandemic, utilization of their online services have increased significantly and it is expected this will continue subsequent to the reopening of City Hall. The Utility Billing systems, documentation and website are well established and the City's customers have become quite accustomed to the convenience of using Paymentus services. The current MSA, implemented in March of 2016, provided for an initial term of five (5) years with an automatic renewal subject to Page 70 of 193 mutual agreement for successive three-year period(s). Through the MSA the City receives competitive rates and good service from the contractor. Paymentus has stayed current with the technical needs of the City and utility customers and has recently added additional options for the City's customers to pay their bills through Amazon, PayPal, PayPal Credit, Venmo and Walmart. While and added customer convenience, these payment methods are considered “non-consumer card” payments that are charged at a higher fee of 2.75% than standard credit card payments. With the initial term of the current MSA set to expire in 2021 and the aforementioned new payment options implemented, staff and the contractor initiated discussions on adjusting the "non-consumer-card" fee to a more reasonable flat rate. Paymentus has agreed to negotiate this fee down to the standard utility rate of $2.00 per transaction (for utilities only) as part of a new MSA with an initial term of November 23, 2025, and automatic renewal subject to the same terms as the current MSA. V. DISCUSSION: The Purchasing Policy and Procedures plan previously adopted by resolution of the City Council and Administrative Order No. 470 requires that service contracts over $300,000 undergo a competitive process; except, that the competitive process may be waived through a Certification of Need as provided for in the attached Sole Source Worksheet. To pursue competitive bids (rather than exercise a sole source option) is a lengthy and costly undertaking that would have a significant impacts/costs to City customers and costs to the City. The rationale for such a determination is as follows: 1. Issues related to bank bill pay, autopay, and information not reaching customers regarding the change would be extensive. 2. Customers on autopay would have to re-establish this service with a new vendor and yet again give their private financial information to the City and new payment vendor, as financial information does not carry over from one vendor to another. 3. A change of this kind would take extensive staff overtime and wo uld not be a good use of funds or staff resources, particularly during the COVID- 19 pandemic. 4. Currently, there is a need for consistency for customers. 5. Undertaking another possible change in how customers process payments, at this time, would add confusion and chaos during an already stressful time. 6. As more of the City's customers choose to utilize alternate payment methods, such as Paypal, Venmo, or Amazon, the offered fee reduction from 2.75% to $2.00 per transaction on utilities could add up to a notable savings. Page 71 of 193 While there is the option of exercising the three -year extension provided in the current MSA, the three years would pass quickly and does not allow for an adjustment to the transaction fee rate resulting in much higher transaction fees for the duration of the contract. Based on the factors enumerated above, Certification of Need, and best interests of the City, staff recommends approval of a new Master Services Agreement with Paymentus Corporation as proposed. Page 72 of 193 Resolution – Paymentus Agr. - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH PAYMENTUS CORPORATION, AND WAIVING THE COMPETITIVE BIDDING REQUIREMENT DUE TO A SOLE SOURCE ACQUISITION. WHEREAS, Washington State law provides an exemption from purchases that are clearly and legitimately limited to a single source of supply (“sole source”) for bidding requirements required of municipal corporations for awarding contracts for public works per RCW 39.04.280; and WHEREAS, the City has effectively utilized Paymentus Corporation services for over four (4) years; and WHEREAS, the City now must establish a new service agreement for electronic bill payment services in order to provide additional options for its utilities customers; and WHEREAS, it is functionally necessary to continue services with Paymentus Corporation because they are the sole provider of the services that will meet the needs of t he City with no impact on current City customer’s auto pay, bank bill pay and stored financial data; and their well- established systems with the City utility and financial systems; and WHEREAS, the use of Paymentus equipment and services is clearly and legitimately limited to a single source of supply, as detailed in the Sole Source Worksheet (EXHIBIT A); and WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source exemption the City Council must first adopt a resolution reciting th e factual basis supporting the exemption; and WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as described herein and detailed in the Sole Source Worksheet does support application of the sole source exemption as pertaining to the purchase of Paymentus services and equipment; and WHEREAS, if the City were to go out for a competitive bid and a change in payment services was required, it would be a lengthy and costly undertaking that would have a significant impact on its customers including but not limited to issues related to: 1. Bank bill pay, auto pay, and information not reaching customers regarding the service provider change; 2. Customers on auto pay would have to re-establish this service with a new vendor and yet again give their private financial information to the City staff or the new payment vendor as it does not carry over from one vendor to another; and Page 73 of 193 Resolution – Paymentus Agr. - 2 3. Changing vendors, of this kind, would take extensive staff overtime to deal with new vendor software, which would not be a good use of time or funds during the COVID-19 pandemic. WHEREAS, the City Manager recommends that the City of Pasco establish a new service agreement with Paymentus Corporation, as presented in EXHIBIT B, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City of Pasco retain electronic bill payment services from Paymentus Corporation as presented in EXHIBIT C, attached hereto. PASSED by the City Council of the City of Pasco, Washington this day of , 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 74 of 193 Page 62 SOLE SOURCE WORKSHEET Requisition Item: _______________________________________ Requisition No. ____________ Prior Purchase Order Number (if item had been approved previously): ___________________________ 1.Please describe the items and its function: ___________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2.This is a sole source because: □Sole provider of a licensed or patented good or service □Sole provider of items that are compatible with existing equipment, inventory, systems, programs or services □Sole provider of goods and services for which the City has established a standard □Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or in an attachment) □The vendor/distributor is a holder of a used item that would represent good value and is advantageous to the City (please attach information on market price survey, availability, etc.) 3.What necessary features does this vendor provide which are not available from other vendors? Please be specific. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4.What steps were taken to verify that these features are not available elsewhere? □ Other brands/manufacturers were examined (please list phone numbers and names, and explain why these were not suitable). □ Other vendors were contacted (please list phone numbers and names, and explain why these were not suitable). 5.Sole source vendor certifies that the City is getting the lowest price offered for the item. Certification of Need This recommendation for sole source is based upon on objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part of personal involvement in any way with this request. No gratuities, favors or comprising actions have been taken. Neither has my personal familiarity with particular brands, types or equipment, materials or firm been a deciding influence on my request to sole source this purchase. By: _________________________________________________ Date: __________________ Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement. Page 75 of 193 3)‘‘II’égco Q“‘”«$n/.9 Page 76 of 193 MASTER SERVICES AGREEMENT Client: City of Pasco (WA) Client Address: 525 N. Third Avenue Pasco, WA 99301 Contact for Notices to Client: Estimated Yearly Bills / Invoices: Stephanie Brock 250,000 This Master Services Agreement (“Agreement”) is entered into as of the date of the last of the signatures set forth below (“Effective Date”), by and between the Client identified above and Paymentus Corporation, a Delaware Corporation with a principal place of business at 13024 Ballantyne Corporate Parkway, Suite 400, Charlotte, North Carolina 28277. STATEMENT OF PURPOSE Paymentus desires to provide and Client desires to receive electronic bill payment services as more particularly described in this Agreement under the terms and conditions set forth herein. AGREEMENT In consideration of the mutual covenants hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby covenant and agree as follows. This Agreement consists of the following documents: (i) this signature page (ii) the General Terms and Conditions; and (iii) the following Schedules: Schedule A: Paymentus Service Fee Schedule. This Agreement represents the entire agreement between the parties with respect to its subject matter, supersedes all prior written or oral agreements or understandings related to the subject matter hereof, and may be changed only by agreements in writing signed by the authorized representatives of each of the parties. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. CLIENT: CITY OF PASCO, WA By: PAYMENTUS CORPORATION By: NAME: NAME: TITLE: TITLE: DATE: DATE: CONFIDENTIAL AND PROPRIETARY Paymentus Legal | REVISION OF 4.22.20 Page 77 of 193 2 GENERAL TERMS AND CONDITIONS 1 Definitions: For the purposes of the Agreement, the following terms and words have the meaning ascribed to them, unless the context clearly indicates otherwise. 1.1 “Agreement “or “Master Agreement” means the Master Services Agreement between the parties, as amended from time to time. 1.2 “Average Bill Amount” means the total amount of Payments processed through Paymentus in a given month divided by the number of the Payments for the same month. 1.3 “Effective Date” means the date the last party to execute the Agreement does so, or if the Agreement is submitted to Client for acceptance in a manner that does not call for Paymentus to execute it, the date Client agrees to the Agreement. 1.4 “Excess Payment Amount” means the amount by which the total of all Payment Amounts from Non- Qualified Transactions processed in a calendar month exceeds 5% of the total of the Payment Amounts of all card Payments processed that month. 1.5 “Fee Assumptions” means information used to calculate the Paymentus Fee (as defined in Section 3.2), including (i) the projected Average Bill Amount, (ii) the projected payment method mix (credit vs debit vs e- check) and (iii) an assumption by Paymentus that the total Payment Amount processed each month resulting from Non-Qualified Transactions shall not exceed five percent (5%) of the total Payment Amount of all card Payments processed that month. 1.6 “Initial Setup” means the first personalization and activation of the standard service with respect to each channel described on Schedule A as specified during the implementation process. 1.7 “IPN” or “Instant Payment Network™” means the network developed by Paymentus to enable customer engagement, bill presentment and receipt of payments by businesses through multiple channels as enabled from time to time by Paymentus. 1.8 “Launch Date” means the date on which Client completes the introduction to Users of all Services selected by Client as of the Effective Date. 1.9 “Non-Qualified Transaction” means (i) a Payment made with a card or payment method generally issued for business use that results in interchange fees or other processing charges assessed by a Paymentus Authorized Processor or card payment association that are higher than those charged for transactions with cards payment methods issued for consumer use; or (ii) a Payment that does not qualify for reduced interchange fees under programs in which is then currently participating. These high-cost cards payment methods may include, among others, corporate cards, virtual cards, purchase cards, business cards, and travel and entertainment cards. 1.10 “Payment” means payment by a User through the Platform for Client’s services, Client’s bills, or other amounts owed to Client. 1.11 “Payment Amount” means the amount of a Payment. 1.12 “Paymentus Authorized Processor” means a Paymentus authorized merchant account provider or payment processing intermediary or gateway. 1.13 “Paymentus Fee” is defined in Section 3.2. 1.14 “Platform” is defined in Section 2.1. 1.15 “Reversed or Chargeback Transactions” means cancelled transactions due to (i) User error, (ii) a User’s challenge to Payment authenticity, or (iii) an action by a financial institution or a Paymentus Authorized Processor (commonly referred to as ACH or eCheck returns or credit/debit card chargebacks). 1.16 “Services” means the performance by Paymentus of the payment and related services selected by Client as set forth in Schedule A and as provided in Section 2.3. 1.17 “User” means a user of Client’s services. 2 Description of Services to be Performed 2.1 Scope of Services When selected on Schedule A, Paymentus will provide Users the opportunity to view and receive bills, make Payments using the payment methods provided under Schedule A and other payment methods and wallets as offered by Paymentus from time to time. The payment methods and other services provided may be used within the channels described on Schedule A or on other websites or mobile/web apps or chatbots or voice assistants that are part of the Instant Payment Network™, Page 78 of 193 3 (collectively referred to as the “Platform”). Paymentus will provide a mechanism by which Client may select channels and payment methods it wishes to offer Users. Paymentus will be the exclusive provider to Client of services included in the Services. 2.2 Professionalism Paymentus will perform in a professional manner all Services required to be performed under the Agreement. 2.3 New or Enhanced Services From time to time Paymentus may offer Client new or enhanced services, such as new functionality within the IPN, the ability to accept other payment methods, methods of bill presentment, the ability to access alternative payment processors or other service providers or Paymentus Authorized Processors or otherwise modify the terms and conditions under which the Services are provided (“Service Enhancements”). Paymentus will provide Client with notice by email to the person designated as provided in Section 9.1 disclosing the terms, including any contracts or contract amendments, under which the Service Enhancements will be made available. If the Service Enhancements will result in additional fees to or impose additional obligations on Client or Users, Client will have at least thirty (30) days after the date of the notice to opt-out of the Service Enhancements in the manner provided in the notice. If Client does not opt-out, then when the Service Enhancements are introduced they will form part of the Services and Client will be bound by the additional terms as disclosed in the notice, and Schedule A will be deemed amended to reflect changes in the Services and fees. 3 Compensation 3.1 No Fee Installation Paymentus will charge no fees related to the Initial Setup of standard service. 3.2 Paymentus Fee Client will be billed the fees as provided in Schedule A (“Paymentus Fee”), unless a fee is User paid, in which case Paymentus will charge each User the Paymentus Fee as provided in Schedule A to be collected in addition to the corresponding Payment as part of the transaction. Paymentus will pay the corresponding processing and related fees (“Transaction Fees”) except for fees related to Reversed or Chargeback Transactions. The Paymentus Fee is based on the Fee Assumptions. Client will be billed additional Paymentus Fees equal to 2.75% of the Excess Payment Amount for each month during which there is an Excess Payment Amount. Paymentus may amend Schedule A upon prior written notice to Client if there are changes in the card or payment system rules or changes in payment processing fees or other events that increase the cost of processing transactions, such as changes in the average Payment Amount, the mix of payment methods or of interchange rates applied to transactions. The amended Paymentus Fee will take effect 30 days after written notice to Client. 4 Payment Processing 4.1 Integration with Client’s Billing System At no charge from Paymentus to Client, Paymentus will develop one (1) file format interface with Client’s billing system using Client’s existing text file format currently used to post payments to Client’s billing system. Client will be responsible to provide Paymentus with the one file format specification and will fully cooperate with Paymentus during the development of the said interface. If Client chooses to create an automated file integration process to download the posting file, due to Paymentus security requirements, Client will use Paymentus specified integration process. As such, the Paymentus platform does and can function independent of any billing system integration. A payment posting file can be emailed or downloaded from the Paymentus Agent Dashboard. If Client chooses to have the Paymentus platform integrated with its billing system, Paymentus offers two options: (i) Paymentus standard integration specification that Client can use to integrate its billing systems with Paymentus platform (“Standard Integration”); or (ii) Paymentus to either customize or configure its platform to integrate with Client using file specification or APIs supported by Client’s billing system (“Client Specific Integration”). If Client chooses Standard Integration, Paymentus agrees to fully cooperate with Client and provide its specification to Client. Paymentus also agrees to participate in meetings with Client’s software vendor to provide any information or clarifications needed to understand Standard Integration. Paymentus agrees to provide all integration/interface specifications within 30 days from the Effective Date. Client will take commercially reasonable steps to develop the integration within 60 days from the date on which Client has received all integration specifications from Paymentus. If Client chooses Client Specific Integration, Paymentus agrees to develop that integration at no charge from Paymentus to Client, provided however, Client agrees to fully cooperate with Paymentus and cause its software vendors and other service providers to fully cooperate with Paymentus. Client agrees to provide all specifications required for Client Specific Integration. Client further agrees to participate in testing with Page 79 of 193 4 Paymentus and if needed, cause its billing software vendors and other service providers to participate in testing. Client agrees to provide or make available all integration/interface specifications within 30 days from the Effective Date. Paymentus will take commercially reasonable steps to develop the integration within 60 days from the date on which Paymentus has received all the integration specifications from Client or its vendors. Parties agree that if the parties do not cooperate fully, it can lead to each party being unable to perform its duties to deliver the integration in time. Based on Client’s use of the Platform and its respective modules selected under the Agreement, Paymentus will require the following integration points: MODULE INTEGRATION POINT One-time payment Module Customer Information: Text File or Real Time Payment Posting: Text File or Real Time Recurring Payment Module Text File E-billing Module for Billing Data Text File or Real-time link to billing data Out-bound Notification- Audience File Text File for customer engagement messages Each of these can be based on Standard Integration or Client Specific Integration. The Initial Setup for the Web or IVR interface will be considered complete when the first Standard Integration or Client Specific Integration, as applicable, is completed such that Paymentus and Client are able to exchange files relevant to that interface, as contemplated in this Section 4.1. In the event the Services are implemented without integration, the Initial Setup will be considered complete when a User is able to access the Platform to process a payment. 4.2 Enhancements The parties agree that the Services are provided on a “platform as a service” basis, and not as a result of custom software development. Paymentus’ standard Platform will be personalized to achieve certain additional functional requirements of Client, as clarified and agreed during implementation (“Enhancements”). Enhancements may include some or all of the features included in any technical requirements or similar document provided to Paymentus. The parties will fully co-operate with one another to: a) ensure that requirements with respect to Enhancements are clarified as needed; b) accept Paymentus proposed reasonable alternatives to achieve Client’s functional objectives within the limits of the Paymentus platform; and c) accept Paymentus’ reasonable estimates of time for completion, designs and plans with respect to agreed Enhancements. There will be no fee charged by Paymentus to Client for Enhancements, provided Paymentus designs and plans are accepted by Client. If the Services are to be offered at multiple locations, or if the Services include multiple Enhancements, the parties will agree to a phased implementation. 4.3 PCI Compliance To the extent that either party receives payment card information subject to the Payment Card Industry Data Security Standards (“PCI-DSS”) in connection with providing the Services, it will comply with all requirements of the PCI-DSS with respect to storage, transmission and disclosure of payment card information. 4.4 Explicit User Confirmation Paymentus will confirm the dollar amount of all Payments, and when paid by the User, the corresponding Paymentus Fee to be charged and electronically obtain the User’s approval of the charges prior to initiating payment authorizations transaction. Paymentus will provide User with electronic confirmation of all transactions. 4.5 Merchant Account Paymentus will arrange for Client to have a merc hant account with the Paymentus Authorized Processor for processing and settlement of transactions. 4.6 Payment Authorization. For authorization purposes, Paymentus will electronically transmit all card or other payment transactions to the appropriate processing center, in real time as the transactions occur or as provided in applicable rules. In its discretion, Paymentus may refuse to process any transaction that is submitted in violation of its terms of use or to protect Client, Users, itself or others from potentially illegal, fraudulent or harmful transactions. 4.7 Settlement Paymentus together with a Paymentus Authorized Processor will forward the payment transactions, and when paid by User, the corresponding Paymentus Fee to the appropriate organizations for settlement (other than the Paymentus Fee) directly to Client’s depository bank account previously designated by Client (“Client Bank Account”). When Client pays the Paymentus Fee, Paymentus will invoice Client and debit the fees from the Client Bank Account on a monthly basis. Page 80 of 193 5 Paymentus together with the Paymentus Authorized Processor will continuously review its settlement and direct debit processes for its simplicity and efficiencies. Client and Paymentus agree to full y co-operate with each other if Paymentus were to change its settlement and invoicing processes. Paymentus will make reasonable every effort to deposit payments (other than Paymentus Fee) no later than 24 hours from time of receipt. 4.8 Reversed or Chargeback Transactions With respect to all Reversed or Chargeback Transactions Client authorizes Paymentus and Paymentus Authorized Processor (and/or the respective payment organizations) to debit the Client Bank Account for the Payment Amount and Paymentus will refund to the payment organization for credit back to the User the corresponding Paymentus Fee, if any. Paymentus together with Paymentus Authorized Processor will continuously review its processes for Reversed or Chargeback Transactions for simplicity and efficiencies. Client and Paymentus agree to reasonably co-operate with each other if Paymentus requires any change to its settlement and invoicing processes for these transactions. 5 General Conditions of Services 5.1 Service Reports Paymentus will provide Client with reports summarizing use of the Services by Users for a given reporting period. 5.2 User Adoption Communication by Client Client will communicate the Services as a payment option to its customers wherever Client usually communicates its other payment options. Client will make the Services known or available to its customers by different means of customer communication including a) through bills, invoices and other notices; b) if direct payments have been activated, by providing IVR and Web payment details on Client’s website including a “Pay Now” or similar link on a mutually agreed prominent place on the web site; c) if IVR payments have been activated, through Client’s general IVR/Phone system; and d) other channels deemed appropriate by Client. Paymentus will provide Client with logos, graphics and other marketing materials for Client’s use in its communications with its customers regarding the Services and/or Paymentus. 5.3 Independent Contractor Paymentus is an independent contractor. 5.4 Client’s Responsibilities In order for Paymentus to provide the Services outlined in the Agreement, Client will co-operate with Paymentus by: (i) Entering into (and authorizing Paymentus to do so on its behalf) all applicable merchant processing, cash management, ACH origination, or kiosk agreements, provided that Client is given notice of and approves any additional fees associated with those agreements, and providing information and consents reasonably requested in connection with the agreements. (ii) Keeping throughout the duration of the Agreement during which direct payments via the web is activated, a bill payment link connecting to the Paymentus Platform at a prominent and mutually agreed location on Client’s website. If the IVR channel is activated, the phone number for IVR payments will also be added to the web site and as an option as part of Client’s general phone system. (iii) Sharing User Adoption marketing as described in Section 5.2. (iv) Launching the Service within 30 days of Paymentus making the system available. (v) Dedicating sufficient and properly trained personnel to support the implementation process and its use of the Services in compliance with all laws applicable to its use of the Services. (vi) Providing Paymentus with the file format specification currently used to post payments to the billing system to allow Paymentus to provide Client with a posting file for posting to Client’s billing system. (vii) Fully cooperating with Paymentus and securing the cooperation of its software and service providers and providing the information required to integrate with Client’s billing system. (viii) Fully cooperating with Paymentus to integrate its systems with the Paymentus Platform through the use of Paymentus’ APIs to enable Client’s access to the IPN, if selected. 6 Indemnification and Limitation of Liability 6.1 Paymentus Indemnification and Hold Harmless Paymentus agrees to defend and indemnify Client and its directors, officers or governing officials, or employees (collectively, the “Client Indemnitees”) from and against all liabilities, demands, losses, damages, costs or expenses (including reasonable attorney’s fees and costs), incurred by any Client Indemnitee arising from a claim or demand brought by a third party to the extent the claim or demand alleges that the Services provided under Page 81 of 193 6 this Agreement infringe the intellectual property rights of the third-party. Paymentus further agrees to the fullest extent permitted by law to indemnify and hold harmless Client, its affiliates, officers, directors, stockholders, agents, employees, and representatives, from and against all liabilities, demands, losses, damages, costs or expenses (including without limitation attorney's fees and expenses) against third party claims incurred by Client as a result or arising out of (i) willful misconduct or negligence of Paymentus related to the Services or (ii) a material breach of Paymentus' covenants. 6.2 Client Indemnification and Hold Harmless Client agrees to defend and indemnify Paymentus and its directors, officers, or employees (collectively, the “Paymentus Indemnitees”) from and against all liabilities, demands, losses, damages, costs or expenses (including reasonable attorney’s fees and costs), incurred by any Paymentus Indemnitee arising from a claim or demand brought by a third party to the extent the claim or demand relates to the underlying relationship or obligations of Client and its Users, incurred by Paymentus as a result or arising out of (i) willful misconduct or negligence of Client related to the Services or (ii) a material breach of Client's covenants.. 6.3 Indemnification Procedure The indemnified party will give the indemnifying party prompt written notice of any claim for which indemnification is sought. The indemnifying party will have the right to control the defense and settlement of any claim, provided that any settlement that adversely affects the indemnified party requires the indemnified party’s consent, which will not be unreasonably delayed or withheld. The indemnified party will not settle any claim without the consent of the indemnifying party, which will not be unreasonably delayed or withheld. 6.4 Warranty Disclaimer Except as expressly set forth in the Agreement, Paymentus disclaims all other representations or warranties, express or implied, made to Client or any other person, including without limitation, any warranties regarding quality, suitability, merchantability, fitness, for a particular purpose or otherwise of any services or any good provided incidental to the Services provided under the Agreement. 6.5 Limitation of Liability Except as provided in Paragraph 6.1,, Paymentus will not be liable for any lost profits, lost savings or other special, indirect or consequential damages, even if it has been advised of or could have foreseen the possibility of these damages. In no event will Paymentus be liable for any losses or damages resulting from the acts, omissions or errors of third parties or of Client or for providing agreements, instructions or information to Users as instructed by Client. The preceding limitation on damages does not apply to Paymentus indemnification obligations for which Paymentus’ total liability shall not exceed $250,000.00. Notwithstanding any other provision in the Agreement, Paymentus’s total liability under the contract shall not exceed $1,000,000. 7 Term and Termination 7.1 Term The term of the Agreement will commence on the Effective Date and continue through November 23 rd, 2025. (“Initial Term”). At the end of the Initial Term, the Agreement will automatically renew for successive three (3) year periods unless either Client or Paymentus provide the other party with not less than 90 (ninety) days prior written notice before the automatic renewal date that it elects not to automatically renew the term of the Agreement. 7.2 Material Breach A material breach of the Agreement will be cured within 90 business days (“Cure Period”) after a party notifies the other of the breach. In the event the material breach has not been cured within the Cure Period, the non-breaching party can terminate the Agreement by providing the other party with a 30 business days’ notice. 7.3 Upon Termination Upon termination of the Agreement, the parties agree to cooperate with one another to ensure that all Payments are accounted for and all refundable transactions have been completed. Upon termination, Paymentus will cease all Services being provided hereunder unless otherwise directed agreed in writing. 8. Use by Other Localities. The parties agree that this Master Services Agreement may be extended, with the authorization of Client, to other public entities or public agencies or institutions of the United States (“Other Public Customers”) to permit their use of the Master Services Agreement at the same prices and/or discounts and terms and conditions of this Master Services Agreement. If any other public entity decides to use the Master Services Agreement, Paymentus must deal directly with that public entity concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing and payment. Client acts only as the “Contracting Agent” for these public entities. It is Paymentus’ responsibility to notify the public entities of the availability of this Master Services Agreement. Other public entities desiring to use this Master Agreement must make their own legal determination as to whether the use Page 82 of 193 7 of this Master Services Agreement is consistent with their laws, regulations, and other policies. Each public entity has the option of executing a separate contract with Paymentus. Public entities may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the Master Services Agreement’s General Terms and Conditions. If, when preparing such a contract, the general terms and conditions of the public entity are unacceptable to Paymentus, Paymentus may withdrawal its extension of the award to that public entity. Client shall not be held liable for any costs or damages incurred by an Other Public Customer as a result of any award extended to that Other Public Customer by Paymentus. 9 Miscellaneous 9.1 Authorized Representative Each party will designate an individual to act as its representative, with the authority to transmit instructions and receive information. The parties may from time to time designate other individuals or change the individuals. 9.2 Notices All notices of any type hereunder will be in writing and sent to the addresses indicated on the signature page, and except as otherwise provided in these Terms and Conditions will be given by certified mail or a national courier or by hand delivery. Notices will be considered to have been given or received on the date the notice is physically received. Any party by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which the notice is to be received. 9.3 Interpretation It is the intent of the parties that no portion of the Agreement will be interpreted more harshly against either of the parties as the drafter. 9.4 Governing Law Should any dispute arise between the parties as a result of the breach, interpretation, or performance of this Agreement, venue shall be placed in the state or federal courts in Franklin County, Washington, the laws of the State of Washington shall apply. Except for actions for injunctive relief or specific performance, all other disputes shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de nova review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other as an additional judgment. 9.5 Severability If a word, sentence or paragraph herein is declared illegal, unenforceable, or unconstitutional, that word, sentence or paragraph will be severed from the Agreement, and the Agreement will be read as if that word, sentence or paragraph did not exist. 9.6 Attorney’s Fees. Should any litigation arise concerning the Agreement between the parties hereto, the parties agree to bear their own costs and attorney’s fees. 9.7 Confidentiality Client will not for any purpose inconsistent with the Agreement disclose to any third party or use any confidential or proprietary non-public information it has obtained during the procurement process or during t he term of the Agreement about Paymentus’ business, including the terms of the Agreement, operations, financial condition, technology, systems, know-how, products, services, suppliers, clients, marketing data, plans, and models, and personnel. Paymentus will not for any purpose inconsistent with the Agreement or its privacy policy in effect from time to time disclose to any third party or use any confidential User information it receives in connection with its performance of the services. 9.8 Intellectual Property In order that Client may promote the Services and Paymentus’ role in providing the Services, Paymentus grants to Client a revocable, non-exclusive, royalty-free, license to use Paymentus’ logo and other service marks (the “Paymentus Marks”) for this purpose only. Client does not have any right, title, license or interest, express or implied in and to any object code, software, hardware, trademarks, service mark, trade name, formula, system, know-how, telephone number, telephone line, domain name, URL, copyright image, text, script (including, without limitation, any script used by Paymentus on the IVR or the Website) or other intellectual property right of Paymentus (“Paymentus Intellectual Property”). All Paymentus Marks, Paymentus Intellectual Property, and the Platform and all rights therein (other than rights expressly granted herein) and goodwill pertain thereto belong exclusively to Paymentus. 9.9 Force Majeure Paymentus will be excused from performing the Services to the extent its performance is delayed, impaired or rendered impossible by acts of God or other events that are beyond Paymentus’ reasonable control and without its fault or judgment, including without limitation, natural disasters, war, terrorist acts, riots, acts of a governmental entity (in a sovereign or contractual capacity), fire, storms, quarantine restrictions, floods, explosions, labor strikes, Page 83 of 193 8 labor walk-outs, extra-ordinary losses utilities (including telecommunications services), external computer “hacker” attacks, and/or delays of common carrier. 9.10 Entire Agreement The Agreement represents the entire agreement between the parties with respect to its subject matter and supersedes all prior written or oral agreements or understandings related to its subject matter and except as provided in the Agreement may be changed only by agreement in writing signed by the authorized representatives of the parties. 9.11 Counterparts The Agreement and any amendment or other document related to the Agreement may be executed in counterparts, each of which will constitute an original, and all of which will constitute one agreement. The Agreement and any amendment or other document related to the Agreement may be signed electronically. A photographic or facsimile copy of the signature evidencing a party’s execution of the Agreement will be effective as an original signature. Page 84 of 193 9 Schedule A – Paymentus Service Fee Schedule Paymentus Service Fee Charged to the Client will be based on the following mode: Absorbed Fee Model Absorbed Model Average Bill Amount: $106.00 Paymentus Service Fee per qualified Utility Rate transactions  Credit Debit Card $2.00 (Visa, MasterCard, Discover Utility Rate Program) Additional Payment Methods $2.00 (Amazon, PayPal, PayPal Credit, Venmo) ACH/eCheck $1.00 EPA $0.10 per transaction Ebill No cost Amex/Non-Qualified 2.75% of total dollar amount Swipe Device $225.00 per device Note: Maximum Amount per Payment is $300. Multiple payments can be made. Paymentus may apply different limits per transactions for user adoption or to mitigate risk. Paymentus Service Fee charged to the End User will be based on the following table: Payment Type Paymentus Service Fee Miscellaneous Government 2.85% for Credit, Debit Cards and ACH/eCheck Note: Maximum Amount for Miscellaneous Government payments shall be $5,000.00 The Paymentus Service Fee shall be collected in addition to the end-user bill payment total. Paymentus may apply different limits per transactions for user adoption or to mitigate risks. Page 85 of 193 AGENDA REPORT FOR: City Council January 6, 2021 TO: Dave Zabell, City Manager Remote Workshop Meeting: 1/11/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Ordinance - 2018 International and State Code Updates I. REFERENCE(S): Draft Ordinance Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: During this code update cycle, the Washington State Building Code Council has established revisions to existing regulations pertaining to building, energy, air quality, plumbing and mechanical construction, installation, safety and standards. These regulations and standards are authorized by RCW Chapter 19.27 and WAC Chapter 51-50. The amendments are designed to address specific regional issues and enhance uniform building construction codes and standards used by most jurisdictions within the state. The City of Pasco initially adopted the State Building Code in 1998. In 2000, the State and City adopted the International Code set. The amendment process occurs every Three (3) years in response to State revisions; although this past year, the update was delayed due to complications stemming from the COVID-19 pandemic. Page 86 of 193 V. DISCUSSION: Pasco, Kennewick and Richland and most jurisdictions in the state adopt the State Building and Energy Codes in lieu of adopting their own building code. Adoption of the State Building Code with minimal local revisions establishes consistent and reliable standards for the construction industry. The draft ordinance does not contain any local revisions this current update cycle - only those occurring through the mandated State amendment process. Local revisions may be more stringent than the State code, but cannot be less so. Staff will provide Council a presentation on the important changes to the State Code during the Workshop Meeting. Page 87 of 193 Ordinance – WA ST Building Code Updates - 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING SECTION 3.35.030, BUILDING PERMIT FEES, AND TITLE 16, BUILDINGS AND CONSTRUCTION, OF THE PASCO MUNICIPAL CODE RELATING TO UPDATES TO THE WASHINGTON STATE BUILDING CODE. WHEREAS, for the purpose of enforcing the regulations of the City of Pasco to require compliance with accepted building construction, improvements, modification and safety standards, procedures and practices it is necessary to amend Section 3.35.030 and Title 16 of the Pasco Municipal Code, and; WHEREAS, the adoption of the International Building Codes, Uniform Plumbing Code and all refrences including all Washington State Amendments Washington State Building Code and International and Uniform Building Codes within the Pasco Municipal Code was passed through Ordinance No. 4108, and; WHEREAS, the State of Washington revised the State Building Code and 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 regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amending That Section 3.35.030 Building Permits of Pasco Municipal Code be and the same is amended hereby as follows: 3.35.030 Building permits. Fee/Charge Reference State: State Bldg. Code Council – charged on all Residential building permits issued. State Bldg. Code Council – Charged on all Commercial Building permits issued. $4.50 $6.50 an additional surcharge of $2.00 for each additional unit $4.50 $25.00 an additional 16.05.080 16.05.080 Page 88 of 193 Ordinance – WA ST Building Code Updates - 2 Fee/Charge Reference surcharge of $2.00 for each additional unit Building: Building permit based on improvement value. Value of improvement: (Construction value is established by using the most current Building Valuation Data sheet, Provided by the International Code Council.) Value of improvement: Permit fee 16.05.080 $1.00 to $10,000 (Based on a one time inspection, additional fee’s will be assessed for any additional inspections needed) $50.00 $10,001 to $11,000 $195.25 $11,001 to $12,000 $209.25 $12,001 to $13,000 $223.25 $13,001 to $14,000 $237.25 $14,001 to $15,000 $251.25 $15,001 to $16,000 $265.25 $16,001 to $17,000 $279.25 $17,001 to $18,000 $293.25 $18,001 to $19,000 $307.25 $19,001 to $20,000 $321.25 $20,001 to $21,000 $335.25 $21,001 to $22,000 $349.25 $22,001 to $23,000 $363.25 $23,001 to $24,000 $377.25 Page 89 of 193 Ordinance – WA ST Building Code Updates - 3 Fee/Charge Reference $24,001 to $25,000 $391.25 $25,001 to $50,000 $391.75 for the first $25,000 + $10.10 for each add’l $1,000, or fraction thereof $50,001 to $100,000 $643.75 for the first $50,000 + $7.00 for each add’l $1,000, or fraction thereof $100,001 to $500,000 $993.75 for the first $100,000 + $5.60 for each add’l $1,000, or fraction thereof $500,001 to $1,000,000 $3233.75 for the first $500,000 + $4.75 for each add’l $1,000 or fraction thereof $1,000,001 and up $5608.75 for the first $1,000,000 + $3.65 for each add’l $1,000 or fraction thereof Plan review 16.05.070 Improvement value less than $10,000 No plan review fee Improvement value greater than $10,000 65% of bldg. permit fee (when a plan review is required) Fast track plan review Foundation only 100% of bldg. permit fee Cost Admin. Order No. 76 Plumbing: Minimum permit fee $50.00 16.20.030 Page 90 of 193 Ordinance – WA ST Building Code Updates - 4 Fee/Charge Reference Gas appliance and piping installation permit fee $50.00 16.25.080 Restoration of surface by City and inspection: Restoration + 1 year of maintenance Cost 16.25.180 Testing new piping: Expense tests and inspections Cost 16.25.220 Factory-assembled/mobile homes: Placement permit $50.00 19.30.050 Moving buildings: Without use of public R.O.W. $25.00 16.50.030 With use of R.O.W. $100.00 16.50.030 Into City limits from outside City limits $100.00 16.50.030 From within City limits to outside City limits $25.00 16.50.030 Mechanical permit: Minimum permit fee $50.00 16.55.030 Fire safety inspections: Initial inspection – All moderate hazard and all high hazard inspections taking less than two hours inspection time. (Moderate hazard is billed in annual increments of $37.50 – high hazard is billed $75.00 annually) $75.00 16.65.010 High hazard inspections of two hours or more duration $150.00 16.65.010 Re-inspection (first re-inspection is w/o fee) $75.00 Signs: Application fee $50.00 17.20.030 Demolition permits: $50.00 16.05.080 Page 91 of 193 Ordinance – WA ST Building Code Updates - 5 Fee/Charge Reference Right-of-way permits: Grading/Scrubbing only $50.00 $50.00 12.04.050 Street cut – including inspection of surfaces: Unpaved surfaces $10.00 12.24.100 Section 2. That Title 16 be amended as follows: Title 16 BUILDINGS AND CONSTRUCTION Chapters: 16.05 Building Code 16.10 Impervious Surfaces 16.15 Utility Service Requirements for Building Permits 16.20 Plumbing Code 16.25 Gas Installations 16.30 Housing Code 16.35 Energy Code 16.40 Dangerous Building Code 16.45 House and Building Numbering 16.50 Moving Buildings 16.55 Mechanical Code and Fuel Gas Code 16.60 Swimming Pool, Spa, and Hot Tub Code 16.65 Fire Prevention Code 16.70 Unsafe and Unfit Buildings, Structures, and Premises Chapter16.05 BUILDING CODE Sections: 16.05.010 Adoption of State Building Code, International Building Code(s) and standards. 16.05.020 Building Official – Building Inspector. 16.05.030 Noncombustible materials required. 16.05.040 Substitution for IBC(s) Section 113. 112 16.05.050 Deletion of IBC subsections. 16.05.060 Amendment of IBC(s) Section 105.3.2. 16.05.070 Addition of IBC(s) Section 109.2.1. 108 16.05.080 Fee schedule. 16.05.090 Building inspection fee. Page 92 of 193 Ordinance – WA ST Building Code Updates - 6 16.05.100 Amendment of IBC(s) Section 111.1. 110 16.05.110 Addition of IBC(s) Section 111.5. 110.3.1 16.05.120 Addition of IBC(s) Section 111.6. 110.3.2 16.05.130 Eligibility for permanent City-provided utility services. 16.05.140 Addition of IBC(s) Section 111.7. 110.6 16.05.150 Amendment of IBC Section 1808.1. and Chapter 4 of the IRC 16.05.160 Amendment of IBC Section 1209.2. 1200 and IRC 807 16.05.170 Amendment of IBC Section 1203.3 1202.4 and IRC 408.1 section under floor ventilation. 16.05.180 Violations – Penalties. 16.05.010 Adoption of State Building Code, International Building Code and standards. The City of Pasco hereby adopts the State Building code (Chapter 19.27 RCW) as thereinafter amended by the Washington State Building Code Council published as Chapter 51-350 WAC, and all provisions thereof applying throughout this title, and adopts by reference the 2015 most current State adopted International Building Code(s) and their Appendices thereof as 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. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3316 § 4, 1998; Ord. 3133 § 1, 1996; Ord. 2881 § 1, 1992; Ord. 2724 § 1, 1989; Ord. 2602 § 1, 1986; Ord. 2501 § 1, 1984; Ord. 2153 § 1, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.010.] 16.05.020 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. Page 93 of 193 Ordinance – WA ST Building Code Updates - 7 (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 Court unless specifically directed otherwise in writing. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 2269 § 1, 1981; Code 1970 § 16.04.011.] 16.05.030 Noncombustible materials required. Notwithstanding the provisions of the International Building Code, the following restrictions shall apply in the City of Pasco: (1) 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 under 100square feet, and additions must comply with an approved roofing material. to structures with existing wood shingle/shake roofs. (2) All structures within 30 feet of the property line shall have noncombustible siding/soffit/skirting on the side adjacent to the undeveloped areas in excess of five acres. Exception: Interior lots of platted parcels and development phases whose streets are accessible and water system is operational. (3) Decks of porches 36 inches or less in height shall have skirting if within 30 feet of adjacent undeveloped areas of natural vegetation in excess of five acres. Skirting shall be sufficiently constructed so as not to allow the accumulation of combustible material under the deck. (4) When determined by the Fire Chief, noncombustible siding/soffit material shall be required on the downhill side(s) of the structure if within 30 feet of a 15 percent or greater grade. The grade will be determined by the predominant slope on the downhill side, with a maximum of 300 feet. [Ord. 4108, 2013; Ord. 3670 § 2, 2004; Ord. 3133 § 2, 1996; Ord. 3066 § 1, 1994; Code 1970 § 16.04.012.] 16.05.040 Substitution for IBC(s) Section 113 112. Section 113 112 of the International Building Code(s) shall be amended to read as follows: Section 113 112. 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 Page 94 of 193 Ordinance – WA ST Building Code Updates - 8 building construction. The Board of Appeals shall be jointly appointed by the local Council of Government (COG). 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. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 3, 1996; Ord. 2867 § 1, 1992; Ord. 2237 § 1, 1981; Ord. 1853 § 1, 1977; Code 1970 § 16.04.020.] 16.05.050 Deletion of IBC(s) subsections. Subsections 105.2 “Building” (1), (2), (3), (4), (5), (9) and (10) (11) and (12) of the International Building Code shall be deleted. [Ord. 4108, 2013; Ord. 3670 § 2, 2004; Ord. 3149 § 2, 1996; Ord. 3133 § 4, 1996; Ord. 2881 § 3, 1992; Ord. 2153 § 2, 1980; Code 1970 § 16.04.025.] 16.05.060 Amendment of IBC(s) Section 105.3.2. Section 105.3.2 of the International Building Code(s) shall be amended to read as follows: Time limitation of building permit application. An application for a permit for any proposed work or construction regulated by PMC Title 16 of the Pasco Municipal Code shall be deemed to have been abandoned 30 days after the date of acceptance by the City of Pasco, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 30 days each. The extension shall be requested in writing and justifiable cause demonstrated. [Ord. 4048, 2012; Code 1970 § 16.04.030.] Page 95 of 193 Ordinance – WA ST Building Code Updates - 9 16.05.070 Addition of IBC(s) Section 109.2.1. 109 Section 109.2.1 109 of the International Building Code(s) shall be added and shall read as follows: Sec. 109.2.1 109 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 sixty-five percent (65%) of the value of the building permit fee. [Ord. 4108, 2013; Ord. 4055, 2012; Ord. 3964, 2010; Ord. 3859, 2008; Ord. 3670 § 2, 2004; Ord. 3133 § 5, 1996; Ord. 2153 § 4, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.035.] 16.05.080 Fee schedule. Permit fees shall be determined in accordance with PMC 3.35.030. In addition to the fees enumerated in PMC 3.35.030, all building permits shall include a State Building Code Council fee of $4.50. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3672 § 2, 2004; Ord. 3670 § 2, 2004; Ord. 3316 § 4, 1998; Ord. 3149 § 2, 1996; Ord. 3133 § 6, 1996; Ord. 2881 § 2, 1992; Ord. 2724 § 2, 1989; Ord. 2602 § 2, 1986; Ord. 2153 § 5, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.040.] 16.05.090 Building inspection fee. A minimum fee as enumerated in PMC 3.35.030 shall be paid to the Building Official for incidental building and fire code inspections not related to issued, active building permits. [Ord. 4108, 2013; Code 1970 § 16.04.045.] Page 96 of 193 Ordinance – WA ST Building Code Updates - 10 16.05.100 Amendment of IBC(s) Section 111.1. 111 Section 111.1(a) 111 of the International Building Code(s) shall be amended to read as follows: Sec. 111.1 111 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. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 7, 1996; Ord. 2881 § 5, 1992; Ord. 2153 § 6, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.050.] 16.05.110 Addition of IBC(s) Section 111.5. 111 A new section, Section 111.5 111, is hereby added to the International Building Code(s) and shall hereinafter be codified as PMC 16.05.110 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. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 8, 1996; Ord. 2881 § 6, 1992; Ord. 2153 § 7, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.060.] 16.05.120 Addition of IBC(s) Section 111.6. 111 A new section, Section 111.6 111, is hereby added to the International Building Code(s) and shall hereinafter be codified as PMC 16.05.120 as follows: Section 111.6 111. 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 Chapter 3 of the International Building Code(s), 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 111.2 111 of the International Building Code(s) as amended by PMC 16.05.100. All other Certificates of Occupancy shall be required irrespective of when such building permits were issued. Page 97 of 193 Ordinance – WA ST Building Code Updates - 11 [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 9, 1996; Ord. 2881 § 7, 1992; Ord. 2153 § 8, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.070.] 16.05.130 Eligibility for permanent City-provided utility services. The Public Works 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 Public Works Director is authorized to discontinue such service. [Ord. 4108, 2013; Ord. 1853 § 1, 1977; Code 1970 § 16.04.080.] 16.05.140 Addition of IBC(s) Section 111.7. 111 Section 111.7 111 is hereby added to the International Building Code(s) and shall hereinafter be codified as PMC 16.05.140 as follows: Section 111.7. 111 Obligation of the Parties. In the event of a violation of PMC 16.05.100 and 16.05.120 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. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 10, 1996; Ord. 2881 § 8, 1992; Ord. 2153 § 9, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.090.] 16.05.150 Amendment of IBC Section 1808.1. and section 400.1.2.1 of the IRC. Section 1808.1 of the International Building Code and 401.2.1 of the International Residential Code shall be amended to read as follows: IBC Section 1808.1. and IRC 401.2.1 Footings And Foundations: General. Footings and foundations, unless otherwise specifically provided, shall be Page 98 of 193 Ordinance – WA ST Building Code Updates - 12 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 24 inches. Footings of concrete and masonry shall be 24 inches. Footings of concrete and masonry shall be of solid material; any hollow core masonry unit foundation that exceeds twenty-four 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 inches above the adjacent finish grade. [Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 12, 1996; Ord. 2724 § 4, 1989; Ord. 2602 § 8, 1986; Ord. 2501 § 8, 1984; Ord. 2153 § 22, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.210.] 16.05.160 Amendment of IBC Section 1209.2. 1208 and IRC 807 IBC Section 1209.2 1208 and IRC section 807 of the International Building Code shall be amended to read as follows: IBC Section 1209.2 1208 and IRC section 807. 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 22 inches by 30 inches. Thirty (30) inch minimum clear head room shall be provided above the access opening. Attics with a maximum vertical clear height of less than 30 inches need not be provided with access openings. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 13, 1996; Ord. 2501 § 11, 1984; Ord. 2153 § 24, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.240.] 16.05.170 Amendment of IBC Section 1203.3 1202.4 and IRC 408.1 section under floor ventilation. IBC Section 1203.03 1202.4 and IRC Section 408.1 of the International Building Code(s) shall be amended to include the following language as follows: Any foundation vent required to be placed in any building or other structure by any provision of this chapter shall be placed at least six inches above the adjacent finished grade. Page 99 of 193 Ordinance – WA ST Building Code Updates - 13 [Ord. 3670 § 2, 2004; Ord. 3316 § 4, 1998; Ord. 3133 § 14, 1996; Ord. 2546 § 1, 1985; Code 1970 § 16.04.295.] 16.05.180 Violations – 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 of this chapter shall be punished by a fine of not more than $500.00. Each firm or corporation found in violation of any provision of this chapter shall be punished by a fine of not more than $500.00. 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 § 3, 1996; Ord. 1853 § 1, 1977; Code 1970 § 16.04.310.] Chapter 16.10 IMPERVIOUS SURFACES Sections: 16.10.010 Purpose. 16.10.020 Impervious surfaces defined. 16.10.030 Permit required. 16.10.040 Exemptions. 16.10.050 Drainage requirements. 16.10.010 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. [Ord. 3670 § 3, 2004; Ord. 3316, 1998; Ord. 2465 § 1, 1983; Code 1970 § 16.05.010.] 16.10.020 Impervious surfaces defined. For the purpose of this chapter, “impervious surfaces” shall mean any asphalt concrete, cement concrete, compacted rock/gravel 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. [Ord. 3670 § 3, 2004; Ord. 3316 § 4, 1998; Ord. 2465 § 1, 1983; Code 1970 § 16.05.020.] Page 100 of 193 Ordinance – WA ST Building Code Updates - 14 16.10.030 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 PMC 16.10.040 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 and Economic 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 in conjunction with the most current adopted Stormwater Management Manual for Eastern Washington. [Ord. 3670 § 3, 2004; Ord. 3316, 1998; Ord. 2465 § 1, 1983; Code 1970 § 16.05.030.] 16.10.040 Exemptions. The provisions of this chapter shall not apply to impervious surfaces in the following instances: (1) Those installed in conjunction with properly permitted improvements to existing structures or permitted construction or placement of a new single- family residence. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 3, 2004; Ord. 3316, 1998; Ord. 2465 § 1, 1983; Code 1970 § 16.05.040.] 16.10.050 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 in conjunction with the most current adopted Stormwater Management Manual for Eastern Washington. [Ord. 3670 § 3, 2004; Ord. 3316, 1998; Ord. 2465 § 1, 1983; Code 1970 § 16.05.050.] Chapter 16.15 UTILITY SERVICE REQUIREMENTS FOR BUILDING PERMITS Sections: 16.15.010 Water and sewer service required. 16.15.020 Definitions. 16.15.030 Exemptions. 16.15.040 Lot line revisions prohibited. 16.15.050 Waiver – Authorized. Page 101 of 193 Ordinance – WA ST Building Code Updates - 15 16.15.060 Waiver – Criteria. 16.15.010 Water and sewer service required. City water and/or sewer service connection to the lot(s), parcel(s) or tract(s) of land sought to be developed shall be a prerequisite to the issuance of a development permit. No development permit shall be issued without compliance with this section except as stated in this chapter. [Ord. 4069, 2012; Ord. 2412, 1982; Ord. 2303, 1981; Code 1970 § 16.06.010(1).] 16.15.020 Definitions. “Accessory” and “functionally related” means a use that is subordinate, supplementary or dependent on a nonexempt use or activity. “City water and sewer service connection” means the ability to physically connect to transmission lines of such service when such service is within 200 feet of the lot, parcel or tract boundary, after paying for all applicable fees. This may include the installation of a water meter, the use of water for fire protection, the use of water or sewer for nonstructural improvements or use of existing water or sewer service at a future date. “Developed” and “development” mean any manmade change to improved or unimproved lot(s), parcel(s) or tract(s) including but not limited to filling, grading, paving, excavating, installation of curb, gutter or sidewalk, installation of driveways, construction or placement of a building or other structure and uses of a commercial or industrial nature not requiring a structure. “Development permit” means but is not limited to a grading, building, right-of-way or encroachment permit or a license or permit for land use. [Ord. 4069, 2012; Ord. 2412 § 1, 1982; Ord. 2303 § 1, 1981; Code 1970 § 16.06.010(2-5).] 16.15.030 Exemptions. The following types of development may be exempt from the requirements of PMC 16.15.010: (1) Filling or grading provided no use of City utilities occurs and the property is not functionally related or accessory to a nonexempt development; (2) Surfacing or paving provided no use of City utilities occurs and the property is not functionally related or accessory to a nonexempt development; (3) Installation or construction of fencing; Page 102 of 193 Ordinance – WA ST Building Code Updates - 16 (4) Temporary uses of property of no more than 180 days provided no use of City utilities occurs and fire protection is not required; (5) Development of property that is served by a lawful and functioning septic system or well provided an agreement is executed acknowledging that the owner will connect to City utilities upon the failure of the septic system or well; or (6) Other similar types of development not requiring connection to City utilities or use of City water for fire protection. [Ord. 4162, 2014; Ord. 4069, 2012; Ord. 3670 § 3, 2004; Ord. 3316, 1998; Code 1970 § 16.06.020.] 16.15.040 Lot line revisions prohibited. Lot line revisions through platting, binding site plans or tax parcel segregations shall not be used as a means to avoid the requirements of PMC 16.15.010 unless such revision is for the purpose of functionally separating uses, establishing lot lines for sale or transfer of ownership or delineating property from nonexempt development. [Ord. 4069, 2012; Code 1970 § 16.06.030.] 16.15.050 Waiver – Authorized. The prerequisite requirements for a development permit stated in PMC 16.15.010 may be waived by: (1) Approval of the City Council by majority vote at any regular meeting or administrative approval as contained in subsection (2) of this section, upon such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based. The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the following: a) A specific period of exception; b) Required participation in future public sewer and/or water service extension by L.I.D. or other means; c) The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the City of Pasco. (2) Administrative approval of the City Manager or designee for waiver of sewer utility connections provided the property for which the waiver is requested meets the following conditions: a) Must be of adequate size, soil type, slope and other conditions to meet the Benton-Franklin Health District requirements for on-site septic systems and Page 103 of 193 Ordinance – WA ST Building Code Updates - 17 replacement drain fields and must receive final approval from the District for the on-site system; b) Must be greater than 200 feet from an existing municipal sewer service line or must be dependent on the provision of future sewer infrastructure to receive sewer service – such as additional line or treatment facility capacity, lift stations or similar components; c) Subject to those conditions contained in subsections (1)(a) through (1)(c) of this section; and d) The decision on the granting or denying of a sewer utility connection may be appealed to City Council within 10 calendar days from the date of the decision. The appeal must be in writing. [Ord. 4229, 2015; Ord. 4069, 2012; Ord. 3670 § 3, 2004; Ord. 3316, 1998; Ord. 2303 § 3, 1981; Code 1970 § 16.06.040.] 16.15.060 Waiver – Criteria. Any determination to grant, deny, or grant with conditions an application for a waiver described in PMC 16.15.050 shall be based upon the following criteria: (1) Special circumstances applicable to the property in question or to the intended use that do not generally apply to other properties or classes of use in the same vicinity or zoning classification; (2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zoning classification, which because of special circumstances is denied to the property in question; (3) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or improvements thereon in such vicinity and zoning classification in which the subject property is located; (4) The granting of a waiver will not conflict with the general intent of this chapter; (5) Except as provided below, no waiver for City water service shall be granted for any property lying within the boundaries of the Pasco landfill groundwater protection area (the protection area) as delineated on the official map designating said area on file at the City of Pasco Public Works Department. If the City of Pasco receives a waiver request, it shall notify the Department of Ecology of such request, and shall provide the Department of Ecology all relevant information regarding such request. (6) If the residual hazardous substances in the groundwater remaining within the entirety of the protection area are subsequently reduced in concentration such that the method A or method B cleanup levels, as applicable, established under WAC 173-340-700 through 173-340-760 are met, then subsection (5) of this section shall be of no further force and effect, if the Department of Ecology, after public notice and opportunity for comment, concurs. [Ord. 4069, 2012; Ord. 3670 § 5, 2004; Ord. 3469 § 1, 2001; Ord. 3316, 1998; Ord. 2303 § 4, 1981; Code 1970 § 16.06.050.] Page 104 of 193 Ordinance – WA ST Building Code Updates - 18 Chapter 16.20 PLUMBING CODE Sections: 16.20.010 Uniform Plumbing Code adopted. 16.20.020 Adoption of state deleted section of UPC. 16.20.030 Permit fees. 16.20.040 Board of Appeals. 16.20.050 Plumbing fixtures required. 16.20.060 Fuel gas piping. 16.20.070 Violation – Penalties. 16.20.010 Uniform Plumbing Code adopted. The most current State adopted Uniform Plumbing Code, 2015 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 51-5626 and 51-27 WAC, 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. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 4, 2004; Ord. 3316 § 5, 1998; Ord. 2883 § 1, 1992; Ord. 2727 § 1, 1989; Ord. 2605 § 1, 1986; Ord. 2503 § 1, 1984; Ord. 2154 § 1, 1980; Ord. 1854 § 1, 1977; Code 1970 § 16.08.010.] 16.20.020 Adoption of state deleted section of UPC. The most current State adopted Uniform Plumbing Code Chapter 7, Part II as published in the 2015 Uniform Plumbing Code is hereby adopted. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Code 1970 § 16.08.015.] 16.20.030 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 PMC 16.05.080 is adopted in its place. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3316 § 5, 1998; Ord. 2503 § 2, 1984; Ord. 2154 § 2, 1980; Ord. 1854 § 1, 1977; Code 1970 § 16.08.020.] Page 105 of 193 Ordinance – WA ST Building Code Updates - 19 16.20.040 Board of Appeals. Section 20.14 of the Uniform Plumbing Code is repealed and the Board of Appeals as set forth in PMC 16.05.040 is adopted in its place. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 2503 § 3, 1984; Ord. 2154 § 3, 1980; Ord. 1854 § 1, 1977; Code 1970 § 16.08.030.] 16.20.050 Plumbing fixtures required. Each building shall be provided with sanitary facilities as prescribed by the adopted International Building Code(s) 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. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 4, 2004; Ord. 2503 § 4, 1984; Ord. 2154 § 8, 1980; Ord. 1854 § 1, 1977; Code 1970 § 16.08.080.] 16.20.060 Fuel gas piping. Chapter 12 of the Uniform Plumbing Code is repealed in its entirety. [Ord. 3964, 2010; Ord. 2503 § 5, 1984; Ord. 2154 § 9, 1980; Ord. 1854 § 1, 1977; Code 1970 § 16.08.090.] 16.20.070 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 $500.00. Each firm or corporation found in violation of any provision of this chapter shall be punished by a fine of not more than $500.00. 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. 3964, 2010; Ord. 3190 § 4, 1996; Ord. 1854 § 1, 1977; Code 1970 § 16.08.100.] Chapter 16.25 GAS INSTALLATIONS Sections: 16.25.010 Title. 16.25.020 Purpose. 16.25.030 Scope. 16.25.040 Definitions. 16.25.060 Gas appliance and equipment installation. Page 106 of 193 Ordinance – WA ST Building Code Updates - 20 16.25.070 Enforcement and entry for inspection. 16.25.080 Gas appliance installation – Permit required – Inspection fees. 16.25.090 Records. 16.25.100 Devices for reducing gas consumption. 16.25.110 Unlawful restoration of gas and bypassing of meter. 16.25.120 Gas distribution and transmission system installation – Permit required. 16.25.130 Required plans and specifications for gas distribution system. 16.25.140 Issuance of gas distribution system permit. 16.25.150 Right-of-way work permit for work on gas transmission and/or distribution system. 16.25.160 Bond and insurance required for gas distribution system. 16.25.170 Location of pipes. 16.25.180 Restoration of surface by City. 16.25.190 Inspection and fee therefor. 16.25.200 Interference with utilities and improvements. 16.25.210 Preservation of monuments. 16.25.220 Testing of piping on new construction fees. 16.25.230 Testing of prior constructed distribution or transmission system. 16.25.240 Allowable pressures for prior constructed system. 16.25.250 Cathodic treated pipe. 16.25.260 Compressor stations. 16.25.270 Adoption of standards by reference. 16.25.280 Conflicting provisions. 16.25.010 Title. This chapter shall be known as the “gas ordinance” of the City and may be cited as such. [Ord. 1503 § 1, 1971; Code 1970 § 16.12.010.] 16.25.020 Purpose. The purpose of this chapter is to provide minimum standards, provisions, and requirements for the safe installation of gas pipes and gas appliances on consumer’s property, and to regulate the sale, maintenance, and repair of such appliances, and to provide minimum standards, requirements, and rules and regulations governing the installation, construction, operation, maintenance, and safety for existing and newly constructed gas transmission and/or distribution systems within the City. [Ord. 1503 § 2, 1971; Code 1970 § 16.12.020.] Page 107 of 193 Ordinance – WA ST Building Code Updates - 21 16.25.030 Scope. All gas appliances or gas pipes hereafter sold, installed, maintained, or repaired within the City limits shall conform to the requirements of the 2015 most current State adopted International Mechanical Code and international Fuel Gas 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. [Ord. 4296, 2016; Ord. 3964, 2010; Ord. 1503 § 3, 1971; Code 1970 § 16.12.030.] 16.25.040 Definitions. The following definitions are provided for the sole purpose of proper interpretation and administration of this chapter: “Approved” means accepted by reason of the satisfactory results of thorough investigations and tests conducted by the inspector, or by the reason of accepted principles, or tests by recognized authorities, technical or scientific organizations. “Certificate of approval” means a document issued and attached to the material, piping or appliance inspected, completely filled out, together with date, address of the premises or consumer and signed by the inspector. “Construction” or “construct” means constructing, laying, maintaining, testing, operating, extending, renewing, removing, replacing, repairing and using a gas distribution system. “Consumer” means any person, persons, customer, firm, association, municipal corporation and/or corporation that uses gas, including residential, commercial and industrial users. “Distribution system,” “system” and/or “lines” used either in the singular or plural mean and include the gas pipes, pipelines, mains, laterals, conduits, feeders, regulators, meters, fixtures, connections, and all attachments, appurtenances, and appertaining to the distribution and use of gas. “Gas” means natural, artificial and/or mixed gas. “Gas appliance” means any appliance or device used for burning gas. “Gas compan y” means any person, firm or corporation holding and exercising a franchise or permit to distribute gas within the City limits. “Gas company service line” means the gas piping leading from the gas main to the property line, or to the point of delivery. Page 108 of 193 Ordinance – WA ST Building Code Updates - 22 “Gas fitter” means any person who does any gas fitting work, installs, repairs, or remodels any piping or appliance which would be subject to supervision and inspection under the provisions of this chapter. “Inspector” means the administrative authority so designated by this chapter or his duly authorized representative. “Maintenance,” “maintaining” and/or “maintained” mean and include the relaying, repairing, replacing, examining, testing, inspecting, removing, digging, excavating and restoring operations incidental thereto. “Person” means any person, firm, association or corporation. “Point of delivery” means the junction of the utility’s meter with the consumer’s piping. “Premises” means the property, including structures, of the consumer. “Public properties” means and includes streets, alleys, sidewalks, curbs, roads, highways, avenues, thoroughfares, parkways, bridges, viaducts, public grounds, public improvements and other public places within any present and/or future city limits. “Roadway” means the paved, improved or proper driving portion of a public right- of-way designed or ordinarily used for vehicular travel. “Transmission system” means a pipe line installed for the purpose of transmitting gas from a source or sources of supply to one or more distribution centers or to one or more large volume customers. “Unit” means the construction of not over one mile of distribution or transmission system or as determined by the City Engineer by excavation or public properties. [Ord. 1503 § 4, 1971; Code 1970 § 16.12.040.] 16.25.050 Board of Appeals – Members – Duties. Any decision reached by the Building Inspector may be appealed to the Mid- Columbia Building Appeals Commission as appointed by the City Council, under rules and regulations set out by that Board. [Ord. 1568 § 1; Ord. 1503 § 6, 1971; Code 1970 § 16.12.060.] Page 109 of 193 Ordinance – WA ST Building Code Updates - 23 16.25.060 Gas appliance and equipment installation. No person shall install, extend, alter or repair any gas appliance, vent, flue or piping pertaining to, or in connection with, gas service on a consumer’s premises within the City limits unless such person is currently licensed and bonded by the State of Washington as a plumbing or mechanical contractor; provided, that nothing herein shall prohibit any person from personally installing gas pipes, gas appliances, or making alterations and repairs on gas pipes and gas appliances, or from doing any other work permitted by this chapter on his own premises, under the following terms and conditions: (1) He shall apply for and secure a permit; (2) Pay the required permit fee pursuant to the fee schedule as set forth in PMC 16.05.080; (3) Personally do the work in the manner required by this chapter, subject to the inspection and approval of the inspector; provided, however, that a homeowner who is not a licensed gas installer may obtain a permit for only the residence which he occupies. [Ord. 3670 § 5, 2004; Ord. 3316 § 6, 1998; Ord. 1503 § 7, 1971; Code 1970 § 16.12.070.] 16.25.070 Enforcement and entry for inspection. The inspector is authorized and directed to cause inspections to be made of all consumer gas installations and gas transmission and distribution systems within the City and to enforce all of the provisions of this chapter. Upon presentation of proper credentials, the inspector may enter any consumer’s building or premises at any reasonable time for the purpose of making inspection or preventing violations of this chapter. [Ord. 1503 § 15, 1971; Code 1970 § 16.12.150.] 16.25.080 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 and permit fee shall be based on the value of improvement, using the permit fee schedule as stated in PMC 16.05.080. 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 12 consecutive months or more. When a permit is issued to connect an appliance to an existing stub or outlet, no additional Page 110 of 193 Ordinance – WA ST Building Code Updates - 24 fee will be charged for piping inspection. [Ord. 3964, 2010; Ord. 3670 § 5, 2004; Ord. 3316 § 6, 1998; Ord. 1503 § 16, 1971; Code 1970 § 16.12.160.] 16.25.090 Records. The inspector shall keep a record of all gas installations inspected. He shall also keep a record of all licenses and permits issued under this chapter. [Ord. 1503 § 17, 1971; Code 1970 § 16.12.170.] 16.25.100 Devices for reducing gas consumption. No person shall, without the approval of the inspector, display, sell, barter, replace, offer for sale, lease, deal in, supply, rent, donate, connect, install, or use within the City limits any device purporting to reduce gas consumption when such device is intended as an adjunct, or addition to, a gas appliance, or to be suspended above, or wholly or partially to enclose, any burner of a gas appliance in such manner as to reduce the effectiveness of ignition of the gas issuing from the burner or impair combustion of the burner. [Ord. 1503 § 18, 1971; Code 1970 § 16.12.180.] 16.25.110 Unlawful restoration of gas and bypassing of meter. It is unlawful for any person, by any means, to restore the flow of gas through pipes which have been shut off either by the gas company or the inspector, or to cause gas supplied by the gas company to bypass the meter by which the amount of gas supplied by the gas company is measured, and such acts shall be prosecuted according to the terms contained in this chapter. [Ord. 1503 § 19, 1971; Code 1970 § 16.12.190.] 16.25.120 Gas distribution and transmission system installation – Permit required. It is unlawful for any person to dig up, break, excavate, tunnel, undermine, cut, or in any way obstruct or disturb any public properties in the City or to fill in, place, leave, or deposit in, or upon, any public properties any earth, refuse, gravel, rock, or other material or thing tending to obstruct, disturb, or interfere with the free use of the same for the installation and/or maintenance of a gas distribution or transmission system or for the purpose of making a utility connection with any premises, without first having obtained a permit, or without complying with the provisions of this chapter, other applicable chapters, and rules and regulations of the City Engineer, nor shall any person conduct such work in a manner at variance with the terms of any such permit; provided, however, that in case of an emergency arising out of office hours, when an immediate excavation may be necessary for the Page 111 of 193 Ordinance – WA ST Building Code Updates - 25 protection of public or private property, the same shall be reported to the Police Department, and the necessary excavation may be made upon the express condition that an application be made, in the manner herein provided, on or before noon of the next following business day; and provided, further, that a separate permit shall be required for each unit. [Ord. 1503 § 20, 1971; Code 1970 § 16.12.200.] 16.25.130 Required plans and specifications for gas distribution system. The gas company shall file in quintuplet, on forms supplied by the City Engineer (one copy of permit form with approval endorsed thereon is to be returned to the gas company), with the City detailed plans, plat or plats, detailed specifications (other than those set forth in the rules and regulations of the Public Service Commission), and profiles of such size and as such scale as prescribed by the City, of gas pipes or mains and fixtures to be laid or installed underneath public properties which shall show the centerline of the street or alley and in relation thereto, the position, location, and depth of the distribution system, the pipes or mains intended to be laid, the size of pipes or mains, the location of the manholes leading to the pipes or mains and the depth of the pipes or mains from the surface, and such other information as he may require. The gas company, its successors and assign, shall amend the plans, plat or plats, specifications, and profiles as directed by the City before the City issues the permit and before the gas company commences construction or the laying of the pipes or mains. The gas company shall advise the City Engineer in writing of the plan of the excavation, obstruction, or other thing desired to be done or constructed, the size thereof, the purpose therefor, the public properties to be excavated and/or obstructed, together with a full description of the nature of such work and the name of the person, firm, or corporation doing the actual excavating work and the name of the person, firm, or corporation for whom or which the work is being done. Whenever additional improvements or extensions are made, additional plans, plat or plats, specifications, and profiles shall be filed with the City in the same manner as required above. The applications shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done, and that no openings shall be made until necessary fittings and material are available and on hand to complete the work. Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground, or until the refill is made ready for the pavement to be put on by the gas limitation unless permission for an extension of time is granted by the City Engineer. If an extension of time is needed to complete the work beyond the time originally prescribed, a new application for a permit must be filed, and when the application therefor is signed by the City Engineer, it shall constitute the permit; provided, that the bond and insurance are extended for the period of the extension granted. [Ord. 1503 § 21, 1971; Code 1970 § 16.12.210.] Page 112 of 193 Ordinance – WA ST Building Code Updates - 26 16.25.140 Issuance of gas distribution system permit. If, after examining such application and map, plans, specifications and plat or plats, the City Engineer approves the same and the bond and workers’ compensation insurance certificate, provided for hereinafter, are filed, he may issue a permit for work on a gas transmission and/or distribution system. Such permit shall specify the name and location of the public properties in front of, through, under, or near which such acts are to be performed or done, together with a description of the proposed work or acts to be done under such permit and the length of time allowed for the completion thereof. The permit shall require the repairing and restoring to as good or better condition and in compliance with the conditions and specifications of this chapter, whatever portion of the public properties and/or private properties which may be obstructed, disturbed, or affected in any way within a specified time. The acts and work authorized and/or required under such permit shall at all times be under the supervision and control of the City Engineer or persons acting under his direction, but at the expense of the person procuring such permit. The City Engineer may, in his discretion, defer the granting of the permit hereinabove provided for, until such time as he deems proper in all cases in which the public properties where the work desired to be done are occupied or about to be occupied in any work by the City, or by some other person having a right to pursue the same in such manner as to render it seriously inconvenient to the public to permit any further obstruction thereof at such time. He may, in granting such permit, so regulate the manner of doing such work as shall cause least inconvenience to the public in the use of such public properties, and in all cases any work of the City or its contractors or employees shall have precedence over all work of every kind. [Ord. 1503 § 22, 1971; Code 1970 § 16.12.220.] 16.25.150 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 therefor being submitted by the City Engineer before the gas company is released from its bond. [Ord. 3964, 2010; Ord. 1503 § 23, 1971; Code 1970 § 16.12.230.] 16.25.160 Bond and insurance required for gas distribution system. Before a permit as herein provided shall be issued, the applicant shall execute and deliver to the City and file with the City Engineer a bond in the sum of $6,000, or such additional amount as the City Engineer deems to be necessary for each bond, for each complete working unit (“spread”) under construction, in a form to be Page 113 of 193 Ordinance – WA ST Building Code Updates - 27 approved by the City Attorney, and with a surety (or sureties) approved, conditioned that the gas company will comply with all of the provisions of this chapter, and that the applicant will keep and save harmless the City from any and all claims, liabilities, judgments, costs, casualty, accident or damages, and expenses arising from any negligence of such gas company on account of any act which he may do or suffer to be done or omission of the gas company in the performance of the work under the permit, or which may be done by any of his agents, servants or employees, or which may arise from any negligence of himself, his agents, servants, contractors or employees, or any of them, in obstructing or in any way disturbing any private or public properties, or by reason of the violating of any of the provisions of this chapter. The City Engineer shall determine the number of units (“spread”) and number of bonds needed at any one time. The gas company shall also indemnify and save harmless the City from all suits and actions of every description brought against the City for, or on account of, any injuries or damages received or sustained by any person by reason of failure to erect and maintain the required guards, barricades, or signals; provided, that in case the act or acts permitted under such permit necessitate for any purpose the cutting into or under any public properties in the City, the bond shall be conditioned that the person, firm or corporation applying for and acting under the permit shall replace the portion thereof affected thereby, and shall restore the same at its expense to as good or better condition within the time specified by the City Engineer, and further conditioned that the gas company will maintain such public properties so restored for a period of one year from, and after, such restoration. Settlement within the one- year period mentioned in this section shall be considered conclusive evidence of defective backfilling by the gas company. Acceptance of the work, and the release of the same, shall not prevent the City from making claim against the gas company for any uncompleted or defective work if the same is discovered within two years from the date of such release. The fact that an inspector was present during the progress of any construction shall not relieve the gas company from responsibility for defects discovered after the completion of the work. The liability of the surety upon the bond required to be given to the City shall be limited to the amount specified in the bond, and recovery under such bond shall be prorated when claims exceed the liability of the bond. [Ord. 1503 § 24, 1971; Code 1970 § 16.12.240.] 16.25.170 Location of pipes. All pipes shall be laid in alleys or easements wherever possible or at locations by direction of the City Engineer. Gas pipes shall have a lateral clearance of two feet from other utilities, except that in case of sewer pipes, gas pipes shall have a minimum lateral clearance of three feet from them, and all pipes except service pipes shall be laid five feet from the curb line; provided, that, under exceptional circumstances, the City Engineer, with the written consent of the utility involved, may authorize less clearance. Pipes shall have a vertical clearance of 12 inches when crossing another pipe. Pipes shall be laid with a cover of not less than 30 inches and 30 inches below all irrigation and drainage ditches or flumes, except Page 114 of 193 Ordinance – WA ST Building Code Updates - 28 that, under exceptional circumstances, the City Engineer may authorize less coverage. Where a trench is in rock, the depth may be 24 inches if the pipe is properly cushioned by refilling the trench with sand or noncorrosive soil. In the event interference with other subsurface structures makes it impractical to maintain the above depths and clearances, the City Engineer, with the written consent of the utility involved, may permit gas pipelines and mains to be constructed so as to avoid such subsurface structures. [Ord. 1503 § 25, 1971; Code 1970 § 16.12.250.] 16.25.180 Restoration of surface by City. If the gas company shall have failed to restore the surface of the public properties to their original and proper condition upon the expiration of the time fixed by such permit or upon the completion of the work allowed to be done under such permit, the City Engineer shall, if he deems it advisable, have the right to do all work and things necessary to do so. The gas company shall be liable for the expense thereof upon the bond filed at the time of granting the permit, and the City shall have a cause of action for all fees, expenses, and amounts paid out upon such work; provided, that in any case, it shall be the duty of the gas company to guarantee and maintain the area disturbed for one year after returning it to its original condition; provided, further, that, if, in the judgment of the City Engineer, it is not expedient to relay the pavement over any cut or excavation made in any publi c properties upon the completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the gas company to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made, and in case of the failure of the gas company to commence in good faith the relaying of such temporary pavement within five days after the date of such notice, the City Engineer may lay such temporary pavement himself and collect the cost thereof from the party having such permit in the manner hereinbefore provided. [Ord. 1503 § 26, 1971; Code 1970 § 16.12.260.] 16.25.190 Inspection and fee therefor. If, in the judgment of the City Engineer, the nature of the work be such as to require inspection on behalf of the City, either during the progress of the same or after the area affected has been restored to its original condition, or at both times, he ma y inspect the work, and the expense therefor shall be paid by the gas company. [Ord. 1503 § 27, 1971; Code 1970 § 16.12.270.] 16.25.200 Interference with utilities and improvements. The gas company shall not interfere with any existing utility without the consent of the City Engineer. If it becomes necessary to move an existing utility, this shall be Page 115 of 193 Ordinance – WA ST Building Code Updates - 29 done by the utility charged with the operation of the same at the expense of the gas company. Whenever the gas company’s existing utility, occupying space in the street, interferes with the actual construction of any public improvement, such utility shall be moved by the gas company; provided, however, that no utility, either publicly or privately owned, shall be moved to accommodate the gas company unless the cost of such work be borne by the gas company. [Ord. 1503 § 28, 1971; Code 1970 § 16.12.280.] 16.25.210 Preservation of monuments. The gas company shall not disturb any survey monuments or hubs found on the line of the improvements until ordered to do so by the City Engineer. A penalty of $50.00 shall be imposed for every monument or hub disturbed without such orders. [Ord. 1503 § 29, 1971; Code 1970 § 16.12.290.] 16.25.220 Testing of piping on new construction fees. Before any newly constructed distribution and transmission system is finally accepted for permanent service, it shall be carefully tested in conformity with the state rules and regulations adopted by this chapter to assure that it is gas tight. The inspector shall coordinate his tests of the distribution and transmission system with that of the gas company so as to avoid duplicate tests. The inspector shall bill the gas company for all expenses incurred in connection with tests or inspection. [Ord. 1503 § 30, 1971; Code 1970 § 16.12.300.] 16.25.230 Testing of prior constructed distribution or transmission system. Any distribution or transmission system constructed prior to the effective date of this chapter shall be given a test for leak in the manner prescribed in the ASA Code B31.1-1955 and state rules and regulations of the Washington Public Service Commission applicable to gas transmission and/or distribution utilities relating to the up-rating and increasing of pressure in existing mains. Wherever such ASA Code and rules and regulations relate to up-rating and increasing pressure in existing mains, they shall also apply equally where natural gas is introduced into existing mains which have previously carried artificial gas. [Ord. 1503 § 31, 1971; Code 1970 § 16.12.310.] 16.25.240 Allowable pressures for prior constructed system. No prior constructed distribution or transmission system shall be operated in excess of the pressure used therein on the effective date of this chapter without the written Page 116 of 193 Ordinance – WA ST Building Code Updates - 30 permission of the inspector, who shall require compliance with the ASA Code Section 8, B31.1-1955. [Ord. 1503 § 32, 1971; Code 1970 § 16.12.320.] 16.25.250 Cathodic treated pipe. If the gas company desires to install gas pipe with cathodic protection, it must comply with the following requirements before the City Engineer may issue a permit therefor: (1) Furnish the City Engineer with a description of the method and of the place or places where the cathodic protection is to be installed; (2) Furnish an executed contract between all of the underground utility systems which indicates all of such utility systems; that the parties thereto agree that cathodic protection should be installed and agree upon the plan therefor; that the parties agree upon the method or methods and the type of equipment to be used, upon the type of tests required to be made by each party to determine the effect of protective installation upon its property, upon protective facilities, and when they are to be installed; upon the division of costs; and who shall build, own, operate, and maintain the proposed common installation. [Ord. 1503 § 33, 1971; Code 1970 § 16.12.330.] 16.25.260 Compressor stations. Compressor stations shall be constructed to meet the following performance standards: Noise and vibration shall be eliminated by proper construction of structures and with sufficient screening and dampening to control nuisance of noise and vibration. The compressor and pump stations shall not be located closer than 1200 feet to a residential district and shall be so located as to have front yard of 200 feet, and side and rear yards of 100 feet, and shall have a 20-foot wide green belt around a sight obscuring fence six feet high. Compressor stations shall not be over 30 feet in height and shall be of sound-proofed masonry material. All machines shall be placed on shock-absorbing mountings and on a suitable reinforced concrete footing to reduce vibrations. Noise in decibels as measured at property lines shall not be over 60 decibels and muffled so as not to become objectionable to a substantial number of people due to intermittence, beat frequency or high frequency, or shrillness, nor exceed street traffic noise during normal day work shift. Necessary silencers on the air intake openings, sound insulation of the mufflers and other piping, and soundproofing of the interior of structures shall be provided. No machine shall be loaded beyond the capacity as prescribed by the manufacturer. Vibration displacement at the property line shall not exceed one one- thousandth of one inch. No smoke or soot shall be permitted to emanate from the operation of the station. Noise, vibration, odors or other conditions which create nuisances shall not be permitted. [Ord. 1503 § 34, 1971; Code 1970 § 16.12.340.] Page 117 of 193 Ordinance – WA ST Building Code Updates - 31 16.25.270 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: a) 2015 Most current State adopted International Mechanical Code, 2015 International Fuel Gas code, 2011 NFPA 58 Liquefied Petroleum Gas Code, and 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 B31.1-1955). 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. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 5, 2004; Ord. 1503 § 35, 1971; Code 1970 § 16.12.350.] 16.25.280 Conflicting provisions. In the event any of the provisions of this chapter conflict with any other provisions of this chapter, with any other City ordinances or with the standards embodied in state and federal laws and rules and regulations, the provisions containing the highest standards shall be observed. [Ord. 1503 § 36, 1971; Code 1970 § 16.12.360.] Chapter 16.30 HOUSING CODE Sections: 16.30.010 International Property Maintenance Code. 16.30.020 Board of Appeals. 16.30.030 Amendment to international property maintenance code. 16.30.010 International Property Maintenance Code. The most current State adopted International Property Maintenance Code, 2015 Edition, prepared by the International Code Council, as hereinafter amended or revised, is adopted by the City as its official housing code. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 6, 2004; Ord. 3316 § 7, 1998; Ord. 3134 § 1, 1996; Ord. 2882 § 1, 1992; Ord. 2728 § 1, 1989; Ord. 2606 § 1, 1986; Ord. 2156 § 1, 1980; Ord. 1856 § 1, 1977; Code 1970 § 16.16.010.] Page 118 of 193 Ordinance – WA ST Building Code Updates - 32 16.30.020 Board of Appeals. Section 111 of the International Property Maintenance Code is repealed from the International Property Maintenance Code and the Board of Appeals as set forth in PMC 16.05.040 is adopted in its place. [Ord. 3670 § 6, 2004; Ord. 2156 § 2, 1980; Ord. 1856 § 1, 1977; Code 1970 § 16.16.020.] 16.30.030 Amendment to international property maintenance code. 108.1.3. Section 108.1.3 of the International Property Maintenance Code shall be amended to read as follows: or, as determined by the Community and Economic Development Director, his designee or by the Health Officer, the dwelling lacks adequate garbage and rubbish, storage and removal facilities. [Ord. 3670 § 6, 2004; Ord. 2728 § 2, 1989; Code 1970 § 16.16.030.] Chapter 16.35 ENERGY CODE Sections: 16.35.010 Washington State Energy Code adopted. 16.35.020 Permit fees. 16.35.030 Board of Appeals. 16.35.040 Violations – Penalties. 16.35.010 Washington State Energy Code adopted. Chapter 51-11 WAC and Chapter 19.27A RCW, as hereinafter amended or revised, Washington State Energy Code, as hereafter amended or revised, is adopted by the City as its official energy code. [Ord. 3316 § 8, 1998; Ord. 2822 § 1, 1991; Code 1970 § 16.18.010.] 16.35.020 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 PMC 16.05.080. [Ord. 3964, 2010; Ord. 3316 § 8, 1998; Ord. 3138 § 1, 1996; Ord. 2595 § 1, 1986; Code 1970 § 16.18.020.] Page 119 of 193 Ordinance – WA ST Building Code Updates - 33 16.35.030 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 Appendix B Section 113 of the 2015 most current State adopted International Building Code(s) as amended by PMC 16.05.040, 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 30 days of the decision, appeal to the Board of Appeals. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 7, 2004; Ord. 3316 § 8, 1998; Ord. 3138 § 2, 1996; Ord. 2595 § 1, 1986; Code 1970 § 16.18.030.] 16.35.040 Violations – Penalties. Every person, firm or corporation found to be in violation of any of the provisions of the Pasco Washington State energy code shall be deemed to have committed a civil infraction and for each such violation shall be subject to a civil penalty of not more than $250.00. 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 penalty for each offense. [Ord. 2595 § 1, 1986; Code 1970 § 16.18.040.] Chapter 16.40 DANGEROUS BUILDING CODE Sections: 16.40.010 Uniform Code for the Abatement of Dangerous Buildings adopted. 16.40.020 Board of Appeals. 16.40.030 Amendment of Uniform Code for the Abatement of Dangerous Buildings. 16.40.010 Uniform Code for the Abatement of Dangerous Buildings adopted. The International Building Code(s) and Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, prepared by the International Conference of Building Officials as hereinafter amended or revised, and as hereafter amended or revised, is adopted by the City as its official dangerous building code. [Ord. 3670 § 8, 2004; Ord. 3316 § 10, 1998; Ord. 3134 § 3, 1996; Ord. 2882 § 2, 1992; Ord. 2729 § 1, 1989; Ord. 2607 § 1, 1986; Ord. 2157 § 1, 1980; Ord. 1857 § 1, 1977; Code 1970 § 16.20.010.] Page 120 of 193 Ordinance – WA ST Building Code Updates - 34 16.40.020 Board of Appeals. Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is repealed from the Uniform Code for the Abatement of Dangerous Buildings and the Board of Appeals as set forth in PMC 16.05.040 is adopted in its place. [Ord. 2157 § 2, 1980; Ord. 1857 § 1, 1977; Code 1970 § 16.20.020.] 16.40.030 Amendment of Uniform Code for the Abatement of Dangerous Buildings. Section 302(15) shall be amended to read as follows: Wherever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Community and Economic Development Director, his designee or by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. [Ord. 2729 § 2, 1989; Code 1970 § 16.20.030.] Chapter 16.45 HOUSE AND BUILDING NUMBERING Sections: 16.45.010 Uniform system adopted. 16.45.020 Numbering on avenues – Base line. 16.45.030 North and south prefixes on avenues. 16.45.040 Numbering on streets – Base line prefixes. 16.45.050 Point to begin numbering west. 16.45.060 Point to begin numbering east. 16.45.070 Numbering east on East and West Lewis Street. 16.45.080 Numbers on lots. 16.45.090 House number – Placing on building. 16.45.100 Numbering required – Official plat. 16.45.010 Uniform system adopted. There is adopted a uniform system of numbering all houses, stores and other buildings (except sheds and outhouses) erected or to be erected within the City limits. [Code 1970 § 16.24.010; Code 1954 § 5-10.04.] Page 121 of 193 Ordinance – WA ST Building Code Updates - 35 16.45.020 Numbering on avenues – Base line. The initial base line for numbering buildings on lots fronting upon the avenues shall be East and West Lewis Street. Each block lying between the streets parallel with East Lewis Street, or running in an easterly or westerly direction and north or south of East and West Lewis Street shall be in a series of numbers of 100. [Code 1970 § 16.24.020; Code 1954 § 5-10.08.] 16.45.030 North and south prefixes on avenues. For the convenience of location and address, the numbers south of East and West Lewis Street shall be prefixed South (S) and the numbers north of East and West Lewis Street shall be prefixed North (N). Thus, between East Lewis Street and East Columbia Street on Oregon Avenue, the numbers or series of numbers shall be South 100. Between A Street and B Street on Oregon Avenue, the series will be South 800. Between East Shoshone Street and East Bonneville Street, the series of numbers shall be North 300. [Code 1970 § 16.24.030; Code 1954 § 5-10.12.] 16.45.040 Numbering on streets – Base line prefixes. The initial base line for numbering buildings on lots fronting upon streets shall be the main line of the Northern Pacific Railway Company right-of-way. All numbers on buildings east of the base line shall be prefixed East (E) and all numbers on buildings west of the division line shall be prefixed West (W). [Code 1970 § 16.24.040; Code 1954 § 5-10.16.] 16.45.050 Point to begin numbering west. The initial point to begin numbering west of the division line shall be at the intersection of Tacoma Avenue and West Lewis Street in the Northern Pacific plat of the City and the intersection of “A” Street and the Northern Pacific Railway Company right-of-way south of the old Northern Pacific right-of-way. [Code 1970 § 16.24.050; Code 1954 § 5-10.20.] 16.45.060 Point to begin numbering east. The initial point to begin numbering east of the division line is the intersection of Ainsworth Street with the Northern Pacific Railway Company’s main line right-of- way. Thus, between the Northern Pacific Railway Company’s main line right-of- way and 4th Avenue, the series of numbers will be East 100, and between the Page 122 of 193 Ordinance – WA ST Building Code Updates - 36 Northern Pacific Railway Company right-of-way and Main Street, on East Lewis Street, the series of numbers will be East 1100. [Code 1970 § 16.24.060; Code 1954 § 5-10.24.] 16.45.070 Numbering east on East and West Lewis Street. The initial point to start numbering East of the Northern Pacific Railway Company’s right-of-way on East and West Lewis Street shall be the intersection of Oregon Avenue and East Lewis Street. [Code 1970 § 16.24.070; Code 1954 § 5- 10.28.] 16.45.080 Numbers on lots. Every lot having frontage on any street or avenue of 25 feet or less shall have one number and every lot having frontage of over 25 feet shall have an additional number for each additional 25 feet or fraction thereof. Every lot fronting upon avenues shall be numbered consecutively from north to south and from south to north from the division line, and odd numbers on the east and the even numbers on the west side of the avenue. Every lot fronting upon streets shall be numbered consecutively from east to west and from west to east starting at the division point, the even numbers on the south and the odd numbers on the north side of the street, the first lot north or west of the street or division line receiving the final figure 1 or 2, as it shall be on the odd or even side of the street; provided, that if the house, store or other building faces in a different direction than the frontage of the lot on which the structure is located, the house, store or other building will be numbered on the street or avenue it faces under the same footage specifications as set forth above. [Code 1970 § 16.24.080; Code 1954 § 5-10.32.] 16.45.090 House number – Placing on building. The basis or initial number as provided in PMC 16.45.020 through 16.45.070, prefixed to the lot number as provided in PMC 16.25.080, shall constitute the number of the building on such lot. Such number shall be placed in some conspicuous place on the front of the building and shall be painted thereon, or on metal or glass, or metal figures used and fastened thereon, at the option of the owner. The figures constituting such numbers shall not be less than four inches in height on business houses and not less than two and one-half inches in height on residences. [Code 1970 § 16.24.090; Code 1954 § 5-10.36.] 16.45.100 Numbering required – Official plat. Page 123 of 193 Ordinance – WA ST Building Code Updates - 37 All houses and buildings now erected shall be numbered as herein provided and all buildings hereafter erected shall be numbered before being occupied, and it shall be the duty of the City Building Inspector, upon application therefor, to furnish information as to the correct number to be affixed to any such building. The City Building Inspector is authorized and instructed to prepare an official plat of the City, showing the numbers to be placed upon buildings now erected and which may hereafter be erected upon the property. The map is hereby referred to and made a part of this chapter. [Code 1970 § 16.24.100; Code 1954 § 5-10.40.] Chapter 16.50 MOVING BUILDINGS Sections: 16.50.010 Permit – Required. 16.50.020 Permit – Application. 16.50.030 Fee schedule. 16.50.040 Standards for issuance. 16.50.050 House mover’s license. 16.50.060 Liability insurance. 16.50.070 Indemnity bond to be filed. 16.50.080 General contractor. 16.50.090 Designated streets for removal. 16.50.100 Permittee duties. 16.50.110 Enforcement. 16.50.120 Building code compliance. 16.50.130 General provisions. 16.50.140 General deposit. 16.50.150 Return of fees and deposits. 16.50.160 Appeal. 16.50.170 Penalties. 16.50.010 Permit – Required. No building or part of a building shall be moved over, along or across any street or alley of the City unless the person moving such building or part of a building shall have previously secured a permit therefor from the Building Inspector, and unless such person shall have a valid house mover’s license and shall have on file an indemnity bond as provided in PMC 16.50.070. Provisions of this chapter shall not apply to mobile homes, nor shall they apply to modular homes when moved from factory to a permanent location. [Ord. 1810 § 1, 1976; Code 1970 § 16.28.010.] Page 124 of 193 Ordinance – WA ST Building Code Updates - 38 16.50.020 Permit – Application. (1) A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector. (2) Form. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector. (3) Contents. The application shall set forth: a) A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior; b) A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the City; c) A legal description of the lot to which it is proposed such building be moved, giving lot, block and tract number, if located in the City; d) The portion of the lot to be occupied by the building when moved; e) The highways, streets, alleys or lots over, along or across which the building is proposed to be moved; f) Proposed moving date and hours; g) Any additional information which the Building Inspector shall find necessary to facilitate a fair determination of whether a permit should be issued. (4) Accompanying Papers. The following certificates shall accompany the application: a) Assessment Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all City assessments and any other City charges against the same are paid in full. b) Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence that he is entitled to move the building. [Ord. 1810 § 2, 1976; Code 1970 § 16.28.020.] 16.50.030 Fee schedule. The following schedule of fees will be charged for the relocation of buildings as defined by this chapter: (1) To relocate a building on the same lot or parcel (without use of public right-of- way): $25.00; (2) To move a building from one lot within the City to another lot within the City (use of public right-of-way): $100.00; (3) To move a building into the City limits from outside the City limits: $100.00; (4) To move a building from within the City limits to a point outside the City limits: $25.00. [Ord. 1810 § 3, 1976; Code 1970 § 16.28.030.] Page 125 of 193 Ordinance – WA ST Building Code Updates - 39 16.50.040 Standards for issuance. The Building Inspector shall refuse to issue a permit, if it is found: (1) That any application requirement of any fee or deposit requirement has not been complied with; (2) That the building is too large to move without endangering persons or property in the City; (3) That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City; (4) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City; (5) That the applicant’s equipment is unsafe and that persons and property would be endangered by its use; (6) That zoning or other ordinances would be violated by the building in its new location; (7) That for any other reason persons or property in the City would be endangered by the moving of buildings. [Ord. 1810 § 4, 1976; Code 1970 § 16.28.040.] 16.50.050 House mover’s license. No person or persons shall undertake to move any building on the streets of the City without first taking out a house mover’s license, issued by the City Clerk on application therefor, the fee for which shall be $50.00 per year. Said license shall not be transferable and shall entitle the holder to engage in the general house- moving business in the City, on filing an indemnity bond as provided in PMC 16.50.070 and upon compliance with the other provisions of this chapter. [Ord. 1810 § 5, 1976; Code 1970 § 16.28.050.] 16.50.060 Liability insurance. (1) The applicant shall file with the City Clerk a certificate of insurance or a copy of the insurance policy showing that the applicant has in full force and effect limits of not less than: a) Bodily injury to one person, $25,000; b) Bodily injury to more than one person, $100,000; c) Property damage suffered by one person, firm or corporation, including the City, $25,000; d) Property damage suffered by more than one person, firm or corporation, including the City, $75,000; (2) There shall also accompany the certificate or copy of the insurance policy a covenant on the part of the insurer that the insurance coverage will not be Page 126 of 193 Ordinance – WA ST Building Code Updates - 40 canceled or lapsed for a period of 30 days following written notice given by the insurer to the City Clerk. [Ord. 1810 § 6, 1976; Code 1970 § 16.28.060.] 16.50.070 Indemnity bond to be filed. It is unlawful for any person, firm or corporation to undertake to move any building or part thereof on the streets or alleys of the City unless and until he or it has first filed an indemnity bond with the City Clerk, to be approved by the City Attorney as to form, in the sum of $1,000, indemnifying the City against any and all damage to the streets, sidewalks, gutters and other property of the City, and against any and all damages and claims for damages arising, directly or indirectly, as the result of the alleged carelessness or negligence of any person, firm or corporation moving such building, his or its agents or employees, and City officers or employees; providing, however, that any contractor, or any person, firm or corporation, having procured a house mover’s license as hereinbefore provided, may file a general bond to cover any and all jobs of house moving, over which he or it has supervision, and indemnifying the City as hereinbefore set forth, which bond shall be good for the period of the license and not to exceed one year, and in the event such general bond is on file, such house mover shall not be required to furnish any other or further bond unless a claim has been filed or suit instituted against the City as the result of the alleged negligence or carelessness of such house mover, in which event such house mover shall be required to file an additional indemnifying bond so that at all times the City is protected by an indemnifying bond in the sum of $1,000 over and above the amount of any and all claims filed or legal actions instituted against the City on account of alleged negligence of such house mover, his or its agent or employees, and City officers or employees. [Ord. 1810 § 7, 1976; Code 1970 § 16.28.070.] 16.50.080 General contractor. The provisions of PMC 16.50.060 shall not be applicable to general contractors as defined by and registered in accordance with Chapter 18.27 RCW. [Ord. 1810 § 8, 1976; Code 1970 § 16.28.080.] 16.50.090 Designated streets for removal. The Building Inspector shall procure from the City Engineer a list of designated streets over which the building may be moved. The Building Inspector shall have the list approved by the Chief of Police. In making their determinations the City Engineer and the Chief of Police shall act to assure maximum safety to persons and property in the City and to minimize congestion and traffic hazards on public streets. [Ord. 1810 § 9, 1976; Code 1970 § 16.28.090.] Page 127 of 193 Ordinance – WA ST Building Code Updates - 41 16.50.100 Permittee duties. Every permittee under this chapter shall: (1) Use Designated Streets. Move a building only over streets designated for such use in the written permit; (2) Notify of Revised Moving Time. Notify the Building Inspector in writing of a desired change in moving date and hours as proposed in the application; (3) Notify of Damage. Notify the Building Inspector in writing of any and all damage done to property belonging to the City within 24 hours after the damage or injury has occurred; (4) Display Lights. Cause red light to be displayed during the night on every side of the building while standing on a street, in such a manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building; (5) Comply with Governing Law. Comply with the building code, the fire code, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the City; (6) Pay Expense of Officer. Pay the expense of a traffic officer if ordered by the Building Inspector to accompany the movement of the building to protect the public from injury; (7) Clear Old Premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition; (8) Remove Service Connection. See that the sewer line is plugged with a concrete stopper and the water shut off. The permittee shall notify the gas and electric service companies to remove their services. [Ord. 1810 § 10, 1976; Code 1970 § 16.28.100.] 16.50.110 Enforcement. (1) Enforcing Officers. The Building Inspector shall enforce and carry out the requirements of this chapter. (2) Permittee Liable for Expense Above Insurance Coverage. The permittee shall be liable for any expense, damage or costs in excess of his insurance coverage, and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. (3) Original Premises Left Unsafe. The City shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition where permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the general deposit. [Ord. 1810 § 11, 1976; Code 1970 § 16.28.110.] Page 128 of 193 Ordinance – WA ST Building Code Updates - 42 16.50.120 Building code compliance. The owner shall file, at time of application, sufficient plans indicating the building will comply with all the current building, mechanical, plumbing, electrical and fire codes as adopted by the City. The plans shall contain at least the following information: (1) A detailed plot plan drawn at a scale of one inch equals 20 feet showing the location of the house on the proposed new site, distance to side yards, off-street parking in compliance with PMC Title 25, all other buildings on said site, north direction indicator, scale, address, and legal property description; (2) A dimensioned foundation plan drawn at a scale of one-fourth inch equals one foot showing locations and size of footings and foundation walls, size and spacing and direction of floor joists, girders, etc.; (3) A floor plan drawn at a scale of one-fourth inch equals one foot showing location of all partitions, plumbing fixtures, doors, size and location of windows, water heater and heating unit; (4) A structural cross-section showing the size and spacing of all trusses, rafters, joists and other structural members, roof sheathing, subfloor, and wall and partition construction. [Ord. 1810 § 12, 1976; Code 1970 § 16.28.120.] 16.50.130 General provisions. All buildings to be moved for which a permit has been issued shall comply with the following general provisions in addition to all other requirements of this chapter: (1) All existing buildings, when relocated to a new site, shall be made to comply with the current building, mechanical, plumbing, electrical and fire codes as adopted by the City, prior to occupancy; (2) Upon completion of the moving of the building, the owner shall proceed immediately to bring the building into compliance with the plans as approved by the Building Official for the building, all requirements of the zoning ordinance, fire code, building code, mechanical code, plumbing code and electrical code as adopted by the City, and all such work shall be completed within 90 days from the issuance date of the building relocation permit. The owner of said building shall secure all necessary permits for required work prior to commencement of removing said building from its original site. (3) Prior to the moving of the building across or through any public right -of-way, all windows and doors shall be secured and all chimneys, antennas or other appurtenances which protrude from the structure shall be removed, so as to prevent accidental injury or damage to persons and property in the path of travel. [Ord. 3316 § 11, 1998; Ord. 1810 § 13, 1976; Code 1970 § 16.28.130.] Page 129 of 193 Ordinance – WA ST Building Code Updates - 43 16.50.140 General deposit. (1) An application hereunder shall be accompanied by a cash deposit or corporate surety performance bond in the sum of $5,000, conditioned upon the permittee, within 90 days from the date of the issuance of such permit: a) Completing the construction, painting and finishing of the exterior of the building; and b) Faithfully complying with all requirements of this chapter, the building code, and the other ordinances then in effect within the City, including but not limited to permittee completing such work within 90 days from the date of the issuance of such permit. (2) In the event the provisions hereof are not complied within the time specified, the sum of $5,000 shall be forfeited to the City as a penalty for the default, and this shall be in addition to any other penalties provided for failure to comply with the terms of this chapter. [Ord. 1810 § 14, 1976; Code 1970 § 16.28.140.] 16.50.150 Return of fees and deposits. (1) Return upon Nonissuance. Upon the refusal of the Building Inspector to issue a permit, the Building Inspector shall return to the applicant all fees, deposits and bonds. (2) Return upon Allowance for Expense. After the building has been removed, the Building Inspector shall prepare a written statement of all expenses incurred in removing and replacing all property belonging to the City, and all material used in the making of the removal and replacement, together with a statement of all damage caused to or inflicted upon property belonging to the City; provided, however, that if any wires, poles, lamps or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The Building Inspector shall return to the applicant all deposits after deduction of a sum sufficient to pay for all of the cost and expenses and for all damage done to property of the City by reason of the removal of the building. [Ord. 1810 § 15, 1976; Code 1970 § 16.28.150.] 16.50.160 Appeal. Any person aggrieved by the action of the Building Inspector in refusing to issue a permit under this chapter shall have the right to appeal such action to the Mid- Columbia Building Appeals Commission by filing a notice of appeal within 10 days of receiving notice of the action from which appeal is taken. The Commission shall set a date for hearing such appeal and at such hearing, the appellant may appear and be heard, subject to reasonable rules and regulations provided by the Commission. [Ord. 3670 § 9, 2004; Ord. 1810 § 16, 1976; Code 1970 § 16.28.160.] Page 130 of 193 Ordinance – WA ST Building Code Updates - 44 16.50.170 Penalties. Any person, firm or corporation who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine in any sum not to exceed $500.00 or by imprisonment in the City jail for a term not to exceed six months, or by both such fine and imprisonment. Every such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any portion of any of the provisions of this chapter is committed, continued, or permitted. Violations of this chapter by any licensed person, firm or corporation in the house- moving business shall be sufficient ground for revocation of such license at the discretion of the City Council. [Ord. 1810 § 17, 1976; Code 1970 § 16.28.170.] Chapter 16.55 MECHANICAL CODE AND FUEL GAS CODE Sections: 16.55.010 International Mechanical Code, International Fuel Gas Code, NFPA 58 Liquefied Petroleum Gas Code, and NFPA National Fuel Gas Code adopted. 16.55.020 Board of Appeals. 16.55.030 Permit fees. 16.55.010 International Mechanical Code, International Fuel Gas Code, NFPA 58 Liquefied Petroleum Gas Code, and NFPA National Fuel Gas Code adopted. The 2015 most current State adopted International Mechanical Code, 2015 International Fuel Gas Code, 2011 NFPA 58 Liquefied Petroleum Gas Code, and 2012 NFPA 54 National Fuel Gas Code, as published by the International Code Council and the National Fire Protection Association, as hereafter amended or revised by the Washington State Building Code Council and published as Chapter 51-2252 WAC, is adopted as the mechanical code of the City, except as hereinafter amended. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 10, 2004; Ord. 3316 § 12, 1998; Ord. 3135 § 1, 1996; Ord. 2883 § 2, 1992; Ord. 2725 § 1, 1989; Ord. 2603 § 1, 1986; Ord. 2502 § 1, 1984; Ord. 2155 § 1, 1980; Ord. 1855 § 1, 1977; Code 1970 § 16.32.010.] 16.55.020 Board of Appeals. Section 109 of the International Mechanical Code is repealed from the International Mechanical Code and the Board of Appeals as set forth in PMC 16.05.040 is Page 131 of 193 Ordinance – WA ST Building Code Updates - 45 adopted in its place. [Ord. 3670 § 10, 2004; Ord. 2155 § 1, 1980; Ord. 1855 § 1, 1977; Code 1970 § 16.32.020.] 16.55.030 Permit fees. Section 106.5 of the International Mechanical Code is amended to read as follows: Section 106.5.2 – Any person desiring a permit required by this code, shall, at the time of filing an application therefor, pay a fee as set forth in PMC 16.05.080. [Ord. 3670 § 10, 2004; Ord. 1855 § 1, 1977; Code 1970 § 16.32.030.] Chapter 16.60 SWIMMING POOL, SPA, AND HOT TUB CODE Sections: 16.60.010 Swimming Pool, Spa and Hot Tub Code adopted. 16.60.020 Substitution for ISPSC Section 305.2.1 paragraph 1 fences. 16.60.030 New section added – Zoning regulations. 16.60.010 Swimming Pool, Spa and Hot Tub Code adopted. The 2015 most current State adopted International Swimming Pool and Spa Code as published by the International Code Council, as hereinafter amended or revised, is adopted by the City as its official swimming pool, spa and hot tub code, by reference herein. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 11, 2004; Ord. 3316 § 13, 1998; Code 1970 § 16.36.010.] 16.60.020 Substitution for ISPSC Section 305.2.1 paragraph 1 fences. All outdoor swimming pools shall be enclosed by a nonclimbable fence or other approved barrier, such fence or approved barrier to be not less than five 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 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 inches, measured on the side of the fence or barrier which faces away from the swimming pool, spa or hot tub. [Ord. 4296, 2016; Ord. 3964, 2010; Ord. 3670 § 11, 2004; Ord. 3316 § 13, 1998; Code 1970 § 16.36.020.] Page 132 of 193 Ordinance – WA ST Building Code Updates - 46 16.60.030 New section added – Zoning regulations. (1) Any swimming pool located in any zone shall maintain the same front and side yard setbacks as required by PMC Title 25, Zoning, for the main building. (2) 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 § 13, 1998; Code 1970 § 16.36.030.] Chapter 16.65 FIRE PREVENTION CODE Sections: 16.65.010 International Fire Code – Adopted. 16.65.020 Substitution for Section 108.1 of the IFC – Board of Appeals. 16.65.030 Amendment for Chapter 2 of the IFC Section 202 – Definitions. 16.65.040 Amendment for Section 401.5 of the IFC – Alarms. 16.65.050 Adoption of state-deleted sections of the IFC – Chapter 3 and Chapter 5. 16.65.051 Substitution for Section 5601.1.3 of the IFC – Fireworks. 16.65.060 Substitution for Section 5608 of the IFC – Fireworks display. 16.65.070 Amendment of Section 5608.2, fireworks permits, to the IFC. 16.65.080 Addition of new Section 5608.2.1.1, display, agricultural and wildlife fireworks and special effects, to the IFC. 16.65.090 Addition of new Section 5608.2.1.2, authority to seize fireworks, to the IFC. 16.65.100 Addition of new Section 5608.2.1.3, liability insurance policy required, to the IFC. 16.65.110 Amendment to Section 109.4, violations and penalties of the IFC. 16.65.010 International Fire Code – Adopted. (1) There is adopted by the City Council of the City, pursuant to the provisions of RCW 35.21.289 and Chapter 19.27 RCW, 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 and references, being in particular the 2015 most current State adopted editions thereof and the whole thereof, as amended by the Washington State Building Code Council and published as Chapters 51-34 and 51-35 WAC, 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 provisions thereof shall be controlling within the corporate limits of the City. Page 133 of 193 Ordinance – WA ST Building Code Updates - 47 (2) 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. (3) Nothing contained in this fire code is intended to be nor shall be construed to create or form the basis for an y 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. (4) 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. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998; Code 1970 § 16.40.010.] 16.65.020 Substitution for Section 108.1 of the IFC – Board of Appeals. Section 108.1 of the International Fire Code shall be omitted and the Mid-Columbia Board of Appeals as set forth in PMC 16.05.040 is substituted in its place: Section 108.1 Appeals. Whenever the Fire Chief or Community Development Director or their designee 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 30 (30) days of the decision, appeal that decision to the Mid -Columbia Building Appeals Commission as established under the building code. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998; Code 1970 § 16.40.015.] 16.65.030 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-F and 202-J to include the following definitions: Page 134 of 193 Ordinance – WA ST Building Code Updates - 48 Section 202-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. Section 202-J “Jurisdiction” means the City of Pasco. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998; Code 1970 § 16.40.020.] 16.65.040 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; Code 1970 § 16.40.030.] 16.65.050 Adoption of state-deleted sections of the IFC – Chapter 3 and Chapter 5. Chapter 3, Section 308.1.4 and Chapter 5, Sections 503.1, 503.1.1, 503.1.2, 503.1.3, 503.2, 503.3, 503.4 as published in the 2015 most current State adopted International Fire Code are hereby adopted. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998; Code 1970 § 16.40.040.] 16.65.051 Substitution for Section 5601.1.3 of the IFC – Fireworks. (1) The possession, manufacture, storage, sale, and handling of fireworks are prohibited except those permitted under subsection (2) of this section, or exempt under subsection (3) of this section. Page 135 of 193 Ordinance – WA ST Building Code Updates - 49 (2) Permitted Fireworks. Consumer fireworks as defined by RCW 70.77.136, which are small devices designed to produce audible affects such as a whistling device, ground device containing 50 milligrams or less of explosive materials, except aerial devices, or such other devices that may be launched, discharged, or may become airborne. Approved consumer fireworks for the purpose of this section shall be identified from the Washington State Patrol list of consumer fireworks pursuant to RCW 70.77.575 and posted upon the City’s website at www.pasco-wa.gov, and generally identified under the Washington State Patrol Fire Protection Bureau – Prevention Division website as Consumer Fireworks for Sale in Tents and Stands. (3) Exceptions. a) Storage and handling of fireworks as allowed in Section 5604 by persons or entities having the required licenses from the State of Washington for manufacture, storage and wholesale distribution of fireworks at a location zoned Industrial and approved by the City for the purpose of the distribution of such fireworks for retail sale in or outside City limits. b) The use of fireworks for fireworks displays as allowed in Section 5608 (Fireworks Display). c) Possession, storage, sale, and handling of specific consumer fireworks as defined in subsection (2) of this section. (4) The City Manager or his/her designee, after consulting with the Fire Chief, Police Chief, other officials and information as deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire emergency. The City Manager or his/her designee shall consider relevant advisory notices from such organizations as Emergency Management Division Washington, Franklin County Emergency Management and regional declarations of emergency in making a decision to enact emergency restrictions on the discharge of fireworks. (5) Retail sales of permitted consumer fireworks, as provided in subsection (2) of this section, shall be allowed within City limits in certain zones and during specific dates of each year and also subject to other criteria as provided for in this chapter and in PMC 5.96 “Fireworks Sales and Wholesale Distribution.” (6) Discharge of Fireworks. Permitted consumer fireworks may be used for discharge only on the dates and times permitted by RCW 70.77.395, consisting of each day between the hours of 12:00 noon and 11:00 p.m. on June 28th; between the hours of 9:00 a.m. and 11:00 p.m. on June 29th to July 3rd; on July 4th between the hours of 9:00 a.m. and 12:00 midnight; between the hours of 9:00 a.m. and 11:00 p.m. on July 5th; and from 6:00 p.m. on December 31st until 1:00 a.m. January 1st the subsequent year. (7) Limitation on Use. a) Supervision. It shall be unlawful for a parent, guardian, or other person responsible for a child under the age of 16 to allow that child to possess, use, discharge, or transport any fireworks unless that child is under the immediate supervision of an adult. It shall be unlawful for any person under the age of 16 to possess, use, discharge, or transport any fireworks unless under immediate supervision of an adult (18 years old or older). It shall be Page 136 of 193 Ordinance – WA ST Building Code Updates - 50 unlawful for any person or entity to sell or give fireworks to anyone under the age of 16 years unless that person is under the immediate supervision of an adult (18 years old or older). b) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any building or stand in which fireworks are sold at retail or stored after hours, or to discharge or permit discharge of fireworks in close proximity to any structure, combustible material, or person creating unreasonable risk of harm. c) It is unlawful to use, fire, or discharge any fireworks along the route of or during any parade or other place of public assembly, or in any commercial district. d) It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle, thing or object. e) It is unlawful to have in possession, use, fire, or discharge any fireworks in any public park within the City, including vehicle parking areas, within or adjacent to a park. (8) Violation of this chapter shall constitute a civil infraction punishable by a civil penalty of not less than $250.00 for each violation. Each discharge of a nonpermitted firework shall be deemed a separate offense. [Ord. 4385 § 2, 2018; Code 1970 § 16.40.051.] 16.65.060 Substitution for Section 5608 of the IFC – Fireworks display. Section 5608.1 of the International Fire Code is hereby amended to read as follows: Section 5608.1 FIREWORKS DISPLAY: 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 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. [Ord. 4385 § 1, 2018; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998; Code 1970 § 16.40.050.] Page 137 of 193 Ordinance – WA ST Building Code Updates - 51 16.65.070 Amendment of Section 5608.2, fireworks permits, to the IFC. Section 3301.1.3.1 5608.2 of the International Fire Code is hereby added to read as follows: Section 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. 4108, 2013; Ord. 3964, 2010; Ord. 3316 § 14, 1998; Code 1970 § 16.40.060.] 16.65.080 Addition of new Section 5608.2.1.1, display, agricultural and wildlife fireworks and special effects, to the IFC. Section 5608.2.1.1 of the International Fire Code is hereby added and shall read as follows: Section 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. 4. “Articles pyrotechnic, special effects for entertainment media” as defined in RCW 70.77.535. [Ord. 4108, 2013; Ord. 3964, 2010; Code 1970 § 16.40.070.] 16.65.090 Addition of new Section 5608.2.1.2, authority to seize fireworks, to the IFC. Section 5608.2.1.2 of the International Fire Code is hereby added and shall read as follows: Section 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. Page 138 of 193 Ordinance – WA ST Building Code Updates - 52 [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998; Code 1970 § 16.40.080.] 16.65.100 Addition of new Section 5608.2.1.3, liability insurance policy required, to the IFC. Section 5608.2.1.3 of the International Fire Code is hereby added and shall read as follows: Section 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. 4108, 2013; Ord. 3964, 2010; Code 1970 § 16.40.090.] 16.65.110 Amendment to Section 109.4, 110.4 violations and penalties of the IFC. Section 109.4 110.4 of the 2015 most current State adopted International Fire Code is amended to read as follows: Section 109.4 110.4 Violations – Penalties: Except for violations of PMC Section 16.65.051, 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. 4385 § 3, 2018; Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998; Code 1970 § 16.40.100.] Page 139 of 193 Ordinance – WA ST Building Code Updates - 53 Chapter 16.70 UNSAFE AND UNFIT BUILDINGS, STRUCTURES, AND PREMISES Sections: 16.70.010 Findings. 16.70.020 Nuisance declared. 16.70.030 Definitions. 16.70.040 Enforcement authority and powers. 16.70.050 Procedure to abate unsafe or unfit structures or premises. 16.70.060 Abatement costs. 16.70.070 Right to appeal. 16.70.080 Appeals. 16.70.090 Service completed. 16.70.100 Supplemental chapter. 16.70.110 Nuisances – Powers reserved. 16.70.120 Additional violations and penalties. 16.70.130 Emergencies. 16.70.140 Discrimination prohibited. 16.70.150 Warrants for entry. 16.70.160 Adoption of RCW in its entirety. 16.70.010 Findings. It is found that there exist in the City of Pasco dwellings and other buildings, structures, and premises which are unfit for human habitation and which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the City. It is the intent of this chapter to clarify and strengthen the procedures for abating such nuisances, particularly unsafe or unfit dwellings, buildings, structures, or premises, modeled after the provisions of Chapter 35.80 RCW. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.010.] 16.70.020 Nuisance declared. All buildings or structures in the City which by reason of decay, dilapidation, or damage by fire, the elements, or any other cause, are now or hereafter shall become, in the judgment of the Code Enforcement Officer, dangerous to the lives and safety of persons or property or unsafe for the purpose or purposes for which they are being used, unsafe or unfit structures and premises as defined in this chapter are declared to be public nuisances. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.020.] Page 140 of 193 Ordinance – WA ST Building Code Updates - 54 16.70.030 Definitions. For purposes of this chapter, the following definitions shall apply: “Abate” means to repair, replace, remove, destroy, vacate, close, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as is required or permitted by this chapter, as determined by the Code Enforcement Officer or other authorized official. “Building code” means and includes the building code, its components, and related codes adopted by the City of Pasco in this title. “City” means the City of Pasco. “Code Enforcement Officer” means the Inspection Services Manager of the City of Pasco or his or her designee. “Owner” and “person” shall have the same meanings as in the building code as adopted by the City of Pasco. “Premises” means and includes any structure, lot, parcel, real estate, or land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips, and any lake, river, stream, drainage way, or wetland, within the territorial limits of the City. “Property,” unless otherwise defined or modified, includes premises and/or structures, as required by its context, and may include personal property if required by its context. “Structure” means and includes any dwelling, house, shop, stable, building, or other structure. “Unsafe or unfit” includes, without limitation, any of the conditions described in this subsection applicable to any dwelling, building, structure, or premises which renders it unfit for human habitation or other use. The term “unsafe or unfit” requires the enumerated conditions to be of such a degree as to be dangerous or injurious to the health and safety of the occupants of such dwelling, structure, building, or premises, or the occupants of neighboring dwellings, buildings, structures, or premises or other residents of the City: a) Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. b) Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. Page 141 of 193 Ordinance – WA ST Building Code Updates - 55 c) Whenever the stress in any materials, member, or portion thereof, du e to dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose, or location. d) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose, or location. e) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. f) Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the building code for such buildings. g) Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. h) Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. i) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. j) Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. k) Whenever the building or structure, exclusive of the foundations, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. l) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. m) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the building code or housing code, or of any law or ordinance of this state or jurisdiction relating to the condition, location, or structure of buildings. Page 142 of 193 Ordinance – WA ST Building Code Updates - 56 n) Whenever any building or structure, which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion less than 50 percent or in any supporting part, member, or portion less than 66 percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location. o) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. p) Whenever a building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus, or other cause, is determined by the Fire Chief to be a fire hazard. q) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. r) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. s) Whenever any building, structure, dwelling, or premises, or any portion thereof, is vacated, is not secured against entry, and is subject to acts of unlawful burning. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.030.] 16.70.040 Enforcement authority and powers. (1) The responsibility for administration and enforcement of this chapter, unless otherwise provided, is vested in the Code Enforcement Officer as defined in this chapter. (2) The Code Enforcement Officer may exercise such lawful powers as may be necessary or convenient to effectuate the purposes and provisions of this chapter. These powers shall include the following in addition to others herein granted: a) To determine, pursuant to standards prescribed by the International building code(s), which dwellings within the City are unfit for human habitation; b) To determine, pursuant to standards prescribed by the International building code(s), which buildings, structures, or premises are unfit for other use; c) To administer oaths and affirmations, examine witnesses and receive evidence; d) To investigate the dwelling or other property conditions in the City and to enter upon premises to make examinations when the Code Enforcement Page 143 of 193 Ordinance – WA ST Building Code Updates - 57 Officer has reasonable ground for believing they are unfit for human habitation, or for other use. e) To enter upon private and public property for such purposes and other purposes of this chapter subject to the provisions of PMC 16.70.150 and in such a manner as to cause the least possible inconvenience to the person(s) in possession, as determined by the Code Enforcement Officer. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.040.] 16.70.050 Procedure to abate unsafe or unfit structures or premises. (1) Complaint. If, after a preliminary investigation, the Code Enforcement Officer finds that any structure or premises is unsafe or unfit, he or she shall cause a written complaint to be served either personally or by certified mail with return receipt requested, upon all persons having any interest therein, as shown upon the records of the Franklin County Auditor’s office, and shall post the complaint in a conspicuous place on such property. The complaint shall state in what respects such structure or premises is unsafe or unfit as defined in this chapter and may include notice of additional penalties or remedies available to the City under other provisions of the Pasco Municipal Code. If the whereabouts of any of such persons are unknown and cannot be ascertained by the Code Enforcement Officer in the exercise of reasonable diligence, and the Code Enforcement Officer makes and files with the City Clerk an affidavit to that effect, then the serving of the complaint upon such persons may be made either by personal service or by mailing a copy by certified mail, postage prepaid, return receipt requested, to each such person at the address of the premises involved in the proceedings, and mailing a copy of the complaint by first-class mail to any address of each such person in the records of the County Assessor or County Auditor of Franklin County. The complaint shall contain a notice that a hearing will be held before the Code Enforcement Officer, at a place specified in the complaint, not less than 10 days nor more than 30 days after the serving of said complaint, and that all parties in interest have the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Code Enforcement Officer. A copy of the complaint shall be filed also with the Franklin County Auditor, and the filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. The complaint shall be substantially in the following form: Page 144 of 193 Ordinance – WA ST Building Code Updates - 58 Personal service upon an owner or other party in interest under this chapter may be made by delivering a copy of the complaint or order to that person or by leaving the copy with a person of suitable age and discretion at the place of residence of the owner or other party in interest. The Code Enforcement Officer shall make and retain written proof of service of the complaint. (2) Determination – Reference to Building Code. As provided in RCW 35.80.030, the Code Enforcement Officer may determine that a structure or premises is unsafe or unfit if he or she finds that one or more defects or conditions exist that are described in PMC 16.70.030 (“unsafe or unfit”), according to minimum standards that are prescribed by the currently adopted version of the building code: a) For determining the fitness or safety of a dwelling for human habitation, or any building, structure, or premises for other use; b) For the use and occupancy of dwellings throughout the City; or c) For the use and occupancy of any building, structure, or premises used for any other purpose. Page 145 of 193 Ordinance – WA ST Building Code Updates - 59 (3) General Standards. In general, the determination of whether a structure or premises should be repaired or demolished, shall be based on the following standards: a) The degree of structural deterioration of the structure or premises, or b) The relationship that the estimated cost of repair bears to the value of the structure as determined by a qualified real estate appraiser engaged by the City for that purpose. An undertaking entered into, at, or prior to the hearing, by a party in interest creates a presumption that the structure or premises can be reasonably repaired. The failure to accomplish such an undertaking is grounds for the Code Enforcement Officer to order demolition. (4) Specific Standards for Determining Safety or Fitness – Demolition or Other Remedies. a) In reaching a judgment that a structure or premises is unsafe or unfit for human habitation, the Code Enforcement Officer shall consider: (i) Dilapidation; (ii) Disrepair; (iii) Structural defects; (iv) Defects increasing the hazards of fire, accidents, or other calamities, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury; (v) Inadequate ventilation; (vi) Uncleanliness; (vii) Inadequate light; (viii) Inadequate sanitary facilities; (ix) Inadequate drainage; (x) Substandard conditions. b) If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of the structure’s occupants, or the occupants of neighboring structures or of other residents of the City of Pasco, and if (i) structural deterioration is of such degree that (A) vertical members list, lean, or buckle to the extent that a plumb line passing through the center of gravity falls outside the middle third of its base, or (B) 33 percent of the supporting members show damage or deterioration, or (ii) the estimated cost of restoration exceeds 60 percent of the value of the structure, or (iii) the structure has been damaged by fire or other calamity, the estimated cost of restoration exceeds 30 percent of the value of the structure and it has remained vacant for six months or more, the Code Enforcement Officer shall order the structure or premises demolished and the land suitably filled and cleared, or shall order the structure or premises demolished and the land suitably filled and cleared, or shall order the property immediately vacated and secured as completely as possible pending demolition. “Value” as used in this subsection shall be determined by reference to a current edition of “Building Valuation Data” published by the International Code Council or, if not published, as determined by the Code Enforcement Officer. Page 146 of 193 Ordinance – WA ST Building Code Updates - 60 (5) Alternative Action. If by reason of any of the above conditions, a structure is unfit, but no public necessity is found for its immediate demolition, the Code Enforcement Officer may take other action, such as causing the property to be cleaned, cleared, vacated, secured, or otherwise repaired, which will promote the public health, safety, or general welfare. (6) Findings and Order. If, after the required hearing, the Code Enforcement Officer determines that the dwelling or other structure or premises is unsafe or unfit for human habitation or that the structure or premises is unfit for other use, he or she shall make written findings of fact in support of that determination, and shall issue and cause to be served upon each owner and party in interest thereof, as provided in Subsection (1) of this section, and shall post in a conspicuous place on the property, an order which (a) requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, structure, or premises to render it fit for human habitation, or for other appropriate use, or to vacate and close the dwelling, structure, or premises, if that course of action is deemed lawful and reasonable on the basis of the standards set forth as required in subsections (3) and (4) of this section; or (b) requires the owner or party in interest, within the time specified in the order, to remove or demolish the dwelling, structure, or premises, if that course of action is deemed lawful and reasonable on the basis of those standards. An order may require the owner to take effective steps to board up or otherwise bar access to the structure or premises, if deemed necessary for public safety, pending further abatement action. The order may be in substantially the same form which appears below and may include notice of additional penalties or remedies available to the City under other provisions of this code. Page 147 of 193 Ordinance – WA ST Building Code Updates - 61 If no appeal is filed as provided in this chapter, a copy of the order shall be filed with the Franklin County Auditor, and shall be a final order. The Code Enforcement Officer shall make and retain a record of service, substantially in the form prescribed in subsection (1) of this section, which such modifications as may be appropriate. (7) Abatement by City. If the owner, following exhaustion of his or her rights of appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove or demolish the dwelling, structure, or premises, or to take other required action, the Code Enforcement Officer may direct or cause such dwelling, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished, and to take such further steps as may be reasonable and necessary to prevent access to the structure or premises, for public health or safety reasons, pending abatement. The Code Enforcement Officer, with the assistance of the City Attorney, may apply to the Superior Page 148 of 193 Ordinance – WA ST Building Code Updates - 62 Court for any legal or equitable remedy to enforce his or her order. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.050.] 16.70.060 Abatement costs. The cost of the abatement of such nuisance may be paid out of the treasury of the City and charged to the owner of the property subject to abatement. Such cost shall be levied as a special assessment against the real property subject to abatement and the same shall be collected in the manner provided for collection of local improvement assessments. The amount of the cost of such repairs, alterations, or improvements; or vacating and closing; or removal or demolition by the Code Enforcement Officer, shall be assessed against the real property upon which such cost was incurred unless such amount has been paid previously, and such cost shall be certified by the Director of Finance to the County Treasurer as an amount due and owing to the City, pursuant to RCW 35.80.030, to be entered by the County Treasurer as an assessment upon the tax rolls against the property for the current year and to become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as is provided in RCW 84.56.020 as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the City’s general fund. If the dwelling or other structure or premises is removed or demolished by the Code Enforcement Officer, the officer shall, if possible, sell the materials of the dwelling, structure, or premises, in the usual manner prescribed by City ordinance for selling surplus property. If there is no other established procedure, the Code Enforcement Officer shall sell the materials at public auction pursuant to notice published in the City’s official newspaper at least 10 days prior to the auction. The proceeds of the sale shall be credited against the cost of the removal or demolition, and if there is any balance remaining, it shall be paid to the parties entitled thereto, as determined by the Code Enforcement Officer, after deducting costs incident to the sale. As provided in RCW 35.80.030, the assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes. Whenever a building or premises if found to be unsafe or unfit and the cost of demolition or other abatement must be incurred by the City, there shall be charged against the property the costs of all administrative proceedings before the Code Enforcement Officer and the Code Enforcement Board including, but not limited to, salaries, wages, benefits, material, equipment rental, and other expenses incurred for inspecting, conducting hearings, or otherwise determining the status of the property. The Code Enforcement Officer or Code Enforcement Board may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In cases of extreme hardship, such expenses may be waived pursuant to an appropriate written finding by the Code Enforcement Board. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.060.] Page 149 of 193 Ordinance – WA ST Building Code Updates - 63 16.70.070 Right to appeal. The owner or any party in interest, within 30 days from the date of service upon him or her and the posting of an order issued by the Code Enforcement Officer under the provisions of PMC 16.70.060, may appeal by filing a written notice of appeal, together with the applicable fee, with the Code Enforcement Board or his or her designee. The appeal need not be in a particular form, but must clearly state that the person identified in the notice of appeal is the person to whom an order of abatement was given, the date of the order and notice of the appeal, and the reason or reasons why the person believes the notice to be in error. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.070.] 16.70.080 Appeals. (1) The Code Enforcement Board shall have jurisdiction to hear appeals of orders of abatement. a) The Code Enforcement Board or his or her designee shall arrange a reasonable time and place for hearing the appeal within not less than 10 nor more than 20 days after the appeal has been filed, and notify the person who is appealing (the “appellant”) regarding the designated time and place. The hearing shall be scheduled so as to allow 10 or more days’ notice to the appellant and all interested parties and to permit final decision by the Code Enforcement Board within 60 days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the Code Enforcement Officer, except insofar as temporary measures of an emergent nature are required, such as securing the building to minimize any imminent danger to the public health or safety. b) The matter must be concluded by the Code Enforcement Board within 60 days after the date the appeal has been filed unless continued for a specified time with the consent of the appellant as provided in this section. c) The Code Enforcement Board shall conduct a full and fair review of the record of the proceedings before the Code Enforcement Officer, and the action taken. The hearing shall be on the record and not de novo. Normally the Code Enforcement Board will not accept new evidence or evidence not made available to the Code Enforcement Officer in the absence of good cause. However, the Code Enforcement Board may allow presentation of new evidence at its discretion and may continue the matter for that purpose in the interest of conducting a full and fair hearing, if it will not cause the hearing to extend beyond the required 60-day period. With the consent of the appealing party, a continuance may extend the hearing for a specified number of days beyond that period for further evidence or deliberation. If the Code Enforcement Board fails to reach a decision within the required time, or the time extended with the appellant’s consent, the Code Page 150 of 193 Ordinance – WA ST Building Code Updates - 64 Enforcement Officer’s order and findings shall be deemed to be those of the Code Enforcement Board, and shall be deemed final and subject to review by the Superior Court. d) The Code Enforcement Board may affirm, modify, reverse, or return with directions the action or decision appealed in the event he or she finds an error of law or the record is not supported by substantiated evidence. e) At the conclusion of the hearing the Code Enforcement Board shall issue a written decision describing the decision or action appealed, making written findings of fact and stating the reasons for his or her decision, and making an appropriate order or orders, notify the appellant in writing of his or her action, and file the decision, findings, and orders with the Franklin County Auditor. A transcript of the Code Enforcement Board’s decision, findings, and orders shall be made available to the appellant, on demand. f) The Code Enforcement Board may promulgate additional written rules of procedure for the conduct of proceedings, to ensure a prompt and thorough review of appeals. g) The decision, findings, and orders of the Code Enforcement Board shall be reported in the same manner and shall bear the same legal consequences as if issued by the Code Enforcement Officer, and shall be subject to further review only in the manner and to the extent provided in subsection (2) of this section. If it is not timely and correctly appealed under subsection (2) of this section, the Code Enforcement Board’s decision is final. (2) Any person affected by an order issued by the Code Enforcement Board pursuant to this section may, within 30 days after the posting and service of the order, petition the Superior Court for an injunction or other appropriate order restraining the Code Enforcement Officer from carrying out the provisions of the order. As provided by RCW 35.80.030, in all such proceedings the court may affirm, reverse, or modify the order and the trial shall be de novo. (3) The order of the Code Enforcement Officer or the Code Enforcement Board may prescribe times within which demolition or other abatement shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time limit for appealing, the Code Enforcement Officer may commence the required abatement action after having taken the legally required steps, if any, to gain entry. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the Code Enforcement Officer or the Code Enforcement Board may extend the time for completion of the work, subject to immediate summary revocation at any time without further hearing if satisfactory progress is not being made. (4) If the owner is unable to comply with the Code Enforcement Officer’s or the Code Enforcement Board’s order within the time required, and the time for appeals to the Code Enforcement Board or petition to the court has passed, the owner may, for good and sufficient cause beyond his or her control, request an extension of time in writing supported by affidavit. The Code Enforcement Officer or Code Enforcement Board may grant a reasonable extension of time Page 151 of 193 Ordinance – WA ST Building Code Updates - 65 after finding that the delay was beyond the control of the owner. There shall be no appeal or petition from the denial of an extension of time. a) Any work, including demolition, construction, repairs, or alterations required under this chapter, shall be subject to permitting requirements pursuant to the Pasco Municipal Code. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.080.] 16.70.090 Service completed. Service of filing by mail of any complaint, notice, order, not ice of appeal, or other paper under this chapter shall be deemed complete at the end of the third full day following its deposit in the U.S. Mail, correctly addressed, with postage prepaid. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.090.] 16.70.100 Supplemental chapter. Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its ordinances or regulations or to prevent or punish violations of such ordinances or re gulations; and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other statute or ordinance. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.100.] 16.70.110 Nuisances – Powers reserved. Nothing in this chapter shall be construed to impair or limit in any way the City’s power to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.110.] 16.70.120 Additional violations and penalties. (1) It shall be unlawful and a violation of this chapter to knowingly: a) Occupy or to allow to be occupied any building or premises ordered vacated; b) Fail to comply with any order issued pursuant to this chapter; c) Obstruct, hinder, or provide false information to any officer or agent of the City of Pasco or other authorized governmental unit or agency in enforcement of this chapter. A violation of this section is a misdemeanor and may be punished by a fine not to exceed $1,000 and/or jail confinement of not more than 90 days. Each day of violation shall constitute a separate offense. In the event of continuing violation or failure to comply, the second and subsequent days shall constitute a gross Page 152 of 193 Ordinance – WA ST Building Code Updates - 66 misdemeanor, punishable by a fine not to exceed $5,000 and/or imprisonment for not more than 365 days or both such fine and imprisonment. (2) As a separate and alternate monetary penalty to the criminal penalty above, there is hereby imposed a civil penalty for failure to comply with an order of abatement within the time specified on such order, including but not limited to the following offenses: a) To occupy or to allow to be occupied any building or premises ordered vacated; b) Failure to comply with any order issued pursuant to this chapter; c) To obstruct, hinder, or provide false information to any officer or agent of the City of Pasco or other authorized governmental unit or agency in enforcement of this chapter. Each day of violation shall constitute a separate offense. The daily maximum penalty for failure to comply with an order of abatement on a first-time violation shall not exceed $500.00, and shall not exceed a cumulative of $5,000 over the course of 10 days. Monetary penalties for repeat violations may exceed these limits. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.120.] 16.70.130 Emergencies. The provisions of this chapter shall not prevent the Code Enforcement Officer or any other officer or agency of the City of Pasco from taking any other action, summary or otherwise, necessary to eliminate or minimiz e an imminent danger to the health or safety of any person or property. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.130.] 16.70.140 Discrimination prohibited. All proceedings under this chapter shall be subject to the antidiscrimination provisions of RCW 35.80.040. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.140.] 16.70.150 Warrants for entry. (1) Whenever it is necessary to enter upon private property or the public property of another governmental agency to carry out the lawful directions of this chapter, the City may apply to a court of competent jurisdiction for a warrant authorizing the entry upon such property to carry out the same, if permission to enter has been refused by the owner or person in possession, or if the owner cannot be found or reasonably ascertained. (2) The application for a warrant shall be supported by an affidavit or the testimony of the officer intending to enter upon the property, stating his office, purpose, and authority to so enter, the owner’s or person in possession’s refusal to permit Page 153 of 193 Ordinance – WA ST Building Code Updates - 67 such entry or the owner’s unavailability, the work, action, or other activity to be conducted upon the property, and by whom and the approximate time the activity will be conducted. (3) If the court finds just cause for the issuance of the warrant, it shall subscribe the same with a return date of not more than 10 days following completion of the action or activity to be conducted upon the property. (4) Nothing in this section is intended to limit, restrict, or otherwise affect the right of officers or agents of any governmental entity to enter upon private or public property for any lawful purpose. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.150.] 16.70.160 Adoption of RCW in its entirety. The City of Pasco adopts the entirety of Chapter 35.80 RCW, including both provisions listed above in this chapter and provisions listed in Chapter 35.80 RCW that are not included expressly in this chapter. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.160.] Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this day of , . Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________ Page 154 of 193 Pasco City Council Meeting January 11th, 2021 Page 155 of 193 2018 International Building and Energy Code adoption Adoption February 1st 2021 The International Building Codes are used in all 50 States International Codes are typically adopted by the State Building Code Council every 3 years Due to Covid-19 and some disagreements with the Energy Code the State Building Code Council extended the adoption an additional 18 monthsPage 156 of 193 Building Code Changes consist of: Interpretation and Clarification of codes Heat detection in garages Additional protection to windows near a walking surface Deck Materials Reduction in lumber spans Foundation changes ETC…Page 157 of 193 Energy Code History and Goals Early 2000’s SBCC works with WSU to perfect Residential and Commercial Buildings energy consumption (Building Boom) WSEC Roadmap Created in 2006 WSEC initiated in 2009 with a deadline of 2030 to meet 70% reduction in energy Washington State continued to be a leader in Energy conservation Increased energy performance every 3 years, coinciding with the State Building Code adoption Last three Code Cycles, low hanging fruit Remaining five cycles will be more aggressive to reach goalPage 158 of 193 Beginning to End Page 159 of 193 Energy Code Changes Increased window fenestration Credits for Energy Star appliances Zoned heat systems (Smart systems, T-stats, etc…) Increased Energy Credits for both Residential and Commercial structures Prep for Solar Power Negative credits for Natural Gas usage (carbon footprint) Improving Building Envelope Etc…Page 160 of 193 Goals vs. Costs Energy and Building Code Goals: Create Safer and Heathier living environments Reduce Energy consumption 70% by 2030 Lower Energy Bill Reduce Washingtonians “Carbon Footprint” Learning by our past mistakes Page 161 of 193 Community Outreach Page 162 of 193 AGENDA REPORT FOR: City Council December 29, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 1/11/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Interlocal Cooperation Agreement for Quad-City Water Rights I. REFERENCE(S): Resolution Interlocal Agreement & Exhibit II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Utility Fund (Water) - Proportionate share of approximately $48,000 split among the participating agencies. IV. HISTORY AND FACTS BRIEF: On September 15, 2003, the Cities of Richland, Kennewick, Pasco, and West Richland were granted Washington State S urface Water Right Permit S4- 30976 (hereinafter “Permit” or “Quad-City Water Right”). The Permit requires the Parties, on an annual basis, to complete the following: • Tabulate and report overall water supply usage, Quad -City Water Right utilization. • Comply with mitigation provisions associated with consumptive use as outlined in the Regional Water Forecast and Conservation Plan (RWFCP). • Efficiently and effectively collect and annualize water supply usage data. • Annually document that the available mitigation volume is equal to or Page 163 of 193 greater than the required mitigation volume for Columbia River flows. The four Cities previously agreed to fund a Quad-City Water Right Mitigation Model and Operating Procedures. The model and operating procedures have been in use since the Quad-City Water Right was granted. V. DISCUSSION: The most recent Interlocal Agreement for this work expired in 2020. T he ILA needs to be renewed to continue joint preparation of this required reporting for the next six year period. While the cost of the work is within staff's authority, however approval of an ILA requires action of the respective legislative bodies. Staff in Richland, Kennewick, Pasco and West Richland collaborated to select an engineering consultant (RH2) and negotiated a scope of work and budget for this work. The proposed agreement is for the calendar years 2021 through 2026. Staff recommends Council approval of the proposed ILA. Page 164 of 193 Resolution –ILA Quad-City Water Right Mitigation - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE INTERLOCAL COOPERATION AGREEMENT FOR ADMINISTRATION AND FUNDING OF QUAD-CITY WATER RIGHT MITIGATION MODEL AND OPERATING PROCEDURES. WHEREAS, Richland, Kennewick, Pasco, and West Richland were granted Washington State Surface Water Right Permit S4-30976 on September 15, 2003 (hereinafter “Permit”); and WHEREAS, the Permit requires the Parties, on an annual basis, to tabulate and report overall water supply usage, Quad-City Water Right utilization, and comply with mitigation provisions associated with consumptive use as outlined in the Regional Water Forecast and Conservation Plan (RWFCP); and WHEREAS, to efficiently and effectively collect and annualize water supply usage data, and to annually document that the available mitigation volume is equal to or greater than the required mitigation volume for Columbia River flows, the four cities, Richland, Kennewick, Pasco and West Richland, have agreed to fund a Quad-City Water Right Mitigation Model and Operating Procedures; and WHEREAS, staff in Richland, Kennewick, Pasco and West Richland have collaborated to select an engineering consultant and to negotiate a scope of work and budget for the study; and WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local governments such as the Parties to this Interlocal to contract for the joint conduct of activities, which each of the Parties is individually authorized to perform. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager for the City of Pasco is authorized to execute the Interlocal Cooperation Agreement between Cities of Kennewick, Richland, Pasco, and West Richland, a copy of which is attached hereto as EXHIBIT A; and to make minor substantive adjustments and to take all necessary steps required to complete this attachment; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Page 165 of 193 Resolution –ILA Quad-City Water Right Mitigation - 2 PASSED by the City Council of the City of Pasco, Washington this day of , 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 166 of 193 2021 Interlocal Cooperation Agreement – Quad-City Water Right Mitigation Model Page 1 INTERLOCAL COOPERATION AGREEMENT Between Cities of Kennewick, Richland, Pasco and West Richland For Administration and Funding of Quad-City Water Right Mitigation Model and Operating Procedures THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into on this _______ day of _____________, 2021 by and between the City of Kennewick (hereinafter “Kennewick”), the City of Richland (hereinafter “Richland”), the City of Pasco (hereinafter “Pasco”), and the City of West Richland (hereinafter “West Richland”), all municipal corporations of the State of Washington (referred to collectively as the “Parties”). This Agreement is made in conformance with and under the authority granted by RCW 39.34, the Interlocal Cooperation Act. I. Recitals WHEREAS, Richland, Kennewick, Pasco, and West Richland were granted Washington State Surface Water Right Permit S4-30976 on September 15, 2003 (hereinafter “Permit”); and WHEREAS, the Permit requires the Parties, on an annual basis, to tabulate and report overall water supply usage, Quad-City Water Right utilization, and comply with mitigation provisions associated with consumptive use as outlined in the Regional Water Forecast and Conservation Plan (RWFCP); and WHEREAS, to efficiently and effectively collect and annualize water supply usage data, and to annually document that the available mitigation volume is equal to or greater than the required mitigation volume for Columbia River flows, the four cities, Richland, Kennewick, Pasco and West Richland, have agreed to fund a Quad-City Water Right Mitigation Model and Operating Procedures; and WHEREAS, staff in Richland, Kennewick, Pasco and West Richland have collaborated to select an engineering consultant and to negotiate a scope of work and budget for the study; and WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local governments such as the Parties to this Interlocal to contract for the joint conduct of activities which each of the Parties is individually authorized to perform. NOW, THEREFORE, the Parties hereby agree as follows: II. Agreement Section 1. Purpose The purpose of this Interlocal Cooperation Agreement is to authorize a collaborative effort between the Parties to comply with mitigation provisions associated with the Quad-City Water Right and to determine the parameters for the contracting and funding of said model and operating procedures. Page 167 of 193 2021 Interlocal Cooperation Agreement – Quad-City Water Right Mitigation Model Page 2 Section 2. Legal Entity No separate legal or administrative entity is created upon execution of this Interlocal Cooperation Agreement. Section 3. Administration West Richland shall award and administer the consultant agreement contemplated under this Interlocal Cooperation Agreement. The proposed consultant agreement is attached as Exhibit A. Section 4. Funding and Contributions Consultant expenses shall be shared in four (4) equal amounts between Richland, West Richland, Pasco and Kennewick. West Richland shall issue invoices to Richland, Pasco, and Kennewick for their respective share of the plan update expenses. Invoices shall issue no more frequently than monthly. Scope and budget changes that increase the project budget may only be executed after written authorization from all four Parties. Section 5. Property No real or personal property shall be acquired as a consequence of the execution of this Interlocal Cooperation Agreement. The Parties shall own and receive at least one copy of the Quad-City Water Right Mitigation Model and Operating Procedures produced as a result of this Agreement. Section 6. Additional Resources Richland, Kennewick, Pasco, and West Richland will provide staff support to complete data requests, meeting and training attendance, and analysis reviews as needed to efficiently administer the model. Section 7. Duration This Agreement shall expire twelve months after the close-out of the consultant agreement. All obligations to pay the respective one-fourth share to fund the plan update shall survive termination of this Agreement. Section 8. Notices Written notice shall be directed to the parties as follows: City of Richland 625 Swift Boulevard, MS-26 Richland, WA 99352 Attn: Public Works Director City of West Richland 3100 Belmont Blvd., Suite 102 West Richland, WA 99353 Attn: Public Works Director City of Kennewick 210 W. 6th Avenue Kennewick, WA 99336 Attn: Public Works Director City of Pasco 525 N. 3rd Avenue Pasco, WA 99301 Attn: Public Works Director Section 9. Filing Pursuant to RCW 39.34.040, this Agreement shall become effective upon filing with the Benton County Auditor or posting on each agency’s website after it is fully executed by all Parties. Section 10. Modification This Agreement may be amended or modified only in writing, and only with the written consent of each undersigned party. Page 168 of 193 2021 Interlocal Cooperation Agreement – Quad-City Water Right Mitigation Model Page 3 Section 11. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable as written, the remainder of the Agreement or the applications of the remainder of the Agreement shall not be affected. To this end, the terms and conditions of this Agreement are declared severable. Section 12. Jurisdiction & Venue Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be construed, and the legal relations between the parties hereto shall be determined in accordance with the laws of the State of Washington. Section 13. Waiver No waiver by either party hereto of any terms or conditions of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall the waiver of any breach be deemed or construed to constitute a waiver of any subsequent breach, whether of the same or any other term or condition of this Agreement. [Signature Page to Follow] Page 169 of 193 2021 Interlocal Cooperation Agreement – Quad-City Water Right Mitigation Model Page 4 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the day and year written above. CITY OF RICHLAND CITY OF KENNEWICK __________________________________ _______________________________ Cynthia D. Reents, City Manager Don Britain, Mayor Attest : Attest: _________________________________ ________________________________ Jennifer Rogers, City Clerk Terri L. Wright, City Clerk Approved as to form: Approved as to form: _______________________________ ________________________________ Heather Kintzley, City Attorney Lisa Beaton, City Attorney CITY OF WEST RICHLAND CITY OF PASCO ________________________________ _______________________________ Brent Gerry, Mayor Dave Zabell, City Manager Attest: Attest: ________________________________ _______________________________ Stephanie Haug, City Clerk Debby Barham, City Clerk Approved as to Form: Approved as to Form: _________________________________ _______________________________ Bronson Brown, City Attorney Eric Ferguson, City Attorney Page 170 of 193 Page 171 of 193 Page 172 of 193 ‘\ PA-ll-3 ‘-I I H .. ,.‘. n .‘. Page 173 of 193 “'5!-.' Page 174 of 193 _?h 03' ‘‘V I 4 I. .,.. ‘4‘|-.\'I'I ..‘< ‘H-"I ‘f ‘v 1-Ml-lh r .v ‘.,.;H ‘w ‘I V‘:I ‘I '‘I " ‘..-..u .‘“A .1 y . Y!‘I ..n 4 -| ‘ ‘.In’111 >1 ‘1 'v ‘ .~,... A 5.'3 r ‘I n v I .;V21 1 I ‘--1 uv x ‘-I -I 1 .--I-I‘ ‘ .\1 »I ,-1}‘ ‘I5 .' -"I Page 175 of 193 ‘o_, Page 176 of 193 Page 177 of 193 _/?n I‘: Page 178 of 193 Page 179 of 193 Page 180 of 193 Page 181 of 193 AGENDA REPORT FOR: City Council December 29, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 1/11/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Interlocal Agreement with Franklin Conservation District for Municipal Water Rights I. REFERENCE(S): Resolution Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Utility Fund/Water: $36,000 IV. HISTORY AND FACTS BRIEF: The City possesses certain specialized water rights that it desires to have reclassified by Ecology for municipal purposes. To accomplish this, the City of Pasco desires to contract with the Franklin Conservation District, who has expertise in this area, to collect and assemble necessary information and to prepare reports necessary for the applications for the change/transfer of such water rights. While the cost of the effort is within staff's administrative authority, the Franklin Conservation District is a governmental entity, therefor an interlocal agreement is required, which by statue requires approval by the legislative bodies of both the City and District. V. DISCUSSION: Staff recommends approval of the proposed ILA. Page 182 of 193 Resolution – Franklin Conservation District ILA - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE INTERLOCAL COOPERATIVE AGREEMENT, PURSUANT TO THE INTERLOCAL COOPERATION ACT, RCW 39.34, FOR MUNICIPAL WATER RIGHTS WITH THE FRANKLIN CONSERVATION DISTRICT. WHEREAS, the City of Pasco possesses certain specialized water rights that it desires to have changed into water rights that it may use for municipal purposes as outlined in RCW 90.03.015; and WHEREAS, the City of Pasco desires to contract with the Franklin Conservation District to collect and assemble necessary information and to prepare reports necessary for the applications for the change/transfer of such water rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager for the City of Pasco is authorized to execute the Interlocal Cooperative Agreement between the City of Pasco and Franklin Conservation District, a copy of which is attached hereto as EXHIBIT A; and to make minor substantive adjustments and to take all necessary steps required to complete this attachment; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. PASSED by the City Council of the City of Pasco, Washington this day of , . Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 183 of 193 Interlocal Agreement – City of Pasco and Franklin Conservation District - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3rd Pasco WA 99301 ______________________________________________________________________ INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF PASCO AND THE FRANKLIN CONSERVATION DISTRICT THIS INTERLOCAL COOPERATIVE AGREEMENT, is made and entered into this day of _________________ 2021, pursuant to the Interlocal Cooperation Act, RCW 39.34, by and between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as the “City” and Franklin Conservation District, a governmental subdivision of this State, and a public body corporate and politic, hereinafter called the “District”. WHEREAS, the City of Pasco possesses certain specialized water rights that it desires to have changed into water rights that it may use for municipal purposes; and WHEREAS, the City of Pasco desires to contract with the Franklin Conservation District to collect and assemble necessary information and to prepare reports necessary for the applications for the change/transfer of such water rights. NOW, THEREFORE, in consideration of mutual covenant contained herein, it is agreed by and between the Parties hereto as follows: 1. Scope of Work. A) The District’s obligations shall be: 1) Collect and assemble the technical information necessary and prepare the Report of Examination (ROE) and Record of Decision (ROD) required for the change/transfer application numbers in the table below. Page 184 of 193 Interlocal Agreement – City of Pasco and Franklin Conservation District - 2 Water Right No. FCWCB App. No. G3-20242P(A) FRAN-20-05 G3-20242C(B) FRAN-20-06 G3-20242P(C) FRAN-20-07 G3-20243P(A) FRAN-20-08 G3-20243P(B) FRAN-20-09 G3-20243P(C) FRAN-20-10 G3-05073 FRAN-20-11 G3-28306 FRAN-20-13 G3-27413P(B) FRAN-20-19 G3-27413P(C) FRAN-20-20 G3-27413P(D) FRAN-20-21 G3-27413P(F) FRAN-20-22 G3-22447 FRAN-20-26 G3-22727 FRAN-20-27 G3-27864 FRAN-20-31 G3-27943 FRAN-20-32 G3-28415 FRAN-20-33 G3-28416 FRAN-20-34 These water rights have been submitted to the Franklin County Water Conservancy Board (Board) and are pending action by the Board contingent upon receiving technical information from the CITY. Preparation of the above reports does not guarantee approval of the change/transfer applications by the Board or the Department of Ecology but the technical information assembled and prepared by the DISTRICT shall be of sufficient content that the Board and Ecology may make an informed and fact based decision. 2) Provide to the City, when completed, electronic and hard copies of technical reports necessary to prepare the ROE and ROD. 3) Invoice the City for time, travel, and material associated with assembling and preparation of the above reports not to exceed $2,000 per water right change/transfer application or not to exceed a total of $36,000 for all the water right change/applications identified above unless written authorization is received from the City. B) The City’s obligations shall be: Page 185 of 193 Interlocal Agreement – City of Pasco and Franklin Conservation District - 3 1) Provide data, reports, or other technical information in its possession to the District to aid in the efficient and timely preparation of the technical evaluation and reports necessary. 2) Provide payment to the District within thirty (30) days upon receipt of a properly executed invoice to the City and upon receipt of the Report of Examination and Record of Decision for each water right change/transfer application. 2. Term. A) The term of this Agreement shall be for a period of two years commencing on October 1, 2020 and ending on September 30, 2022; unless otherwise extended in writing signed by both parties, or terminated in writing signed by either party. B) This agreement may be modified or extended, in writing, at any time by the mutual consent and of the parties hereto. C) Either party may cancel this agreement on thirty (30) days written notice with or without cause. Any payment due either party up to the effective date of cancellation shall be due and payable to the appropriate party. 3. Liability/Hold Harmless. A) The City shall indemnify, defend, and hold harmless the District, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney’s fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the City, its officers, agents and employees, in the performance of the Agreement. B) The District shall indemnify, defend, and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney’s fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the District, its officers, agents and employees, in the performance of the Agreement. 4. Non-Discrimination. The District and City agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, sex or age with regard to but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination; rate of pay or other forms of compensation; selection for training or rendition of services. If the District or City violates this non- Page 186 of 193 Interlocal Agreement – City of Pasco and Franklin Conservation District - 4 discrimination provision, the District or City may terminate this agreement, in whole or in part, without incurring liability for such termination. 5. Jurisdiction. The agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court for Franklin County. 6. Waiver. Any waiver by any party hereto with regard to any of its rights hereunder shall be in writing and shall not constitute or act as a waiver to any future rights which such party might have hereunder. 7. Entire Agreement. This agreement sets forth in full the entire agreement of the parties in relation to the subject matter hereof, and any other agreement, representation, or understanding, verbal or otherwise, relating to the professional services of the District or otherwise dealing in any manner with the subject matter of this agreement is hereby deemed to be null and void and of no force and effect whatsoever. This agreement may be waived, changed, modified, or amended only by written agreement executed by both of the parties hereto. If any provisions of this agreement shall be deemed in conflict with any statute or rule of law, such provision shall be deemed modified to be in conformance with said statute or rule of law. 8. Interlocal Cooperation Act Provisions. All vehicles, equipment, inventory and any improvement thereon or fixtures purchased by the City, shall remain the sole property of the City. All vehicles, equipment, inventory and any improvements thereto and non-fixture improvements to the premises purchased by the District, shall remain the sole property of the District. All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the supervision, direction and control of the City and shall not be construed as "loan servants" or employees of the District. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. No independent special budget or funds are anticipated, nor shall be created without the prior written agreement of the parties. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement. A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted on the City or Port's website as required by RCW 39.34.040. 9. General Provisions. For the purpose of this Agreement, time is of the essence. Page 187 of 193 Interlocal Agreement – City of Pasco and Franklin Conservation District - 5 This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the City Manager and District Manager, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 10. Notices. Written notice shall be directed to the parties as follows: Franklin Conservation District Attn: Mark Nielson, District Manager 1724 E. Superior St. Pasco, WA 99301 City of Pasco Attn: Steve M. Worley, P.E. PO Box 293 Pasco, WA 99301 Page 188 of 193 Interlocal Agreement – City of Pasco and Franklin Conservation District - 6 IN WITNESS WHEREOF, the undersigned having full authorization on behalf of the parties, have executed this Agreement on the year and date set forth above. CITY OF PASCO, WASHINGTON __________________________________ Dave Zabell, City Manager Attest: ____________________________ Debra Barham, City Clerk Approved as to form: ____________________________ Kerr Ferguson Law, City Attorney FRANKLIN CONSERVATION DISTRICT _____________________________________ Mark Nielson, District Manager STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _____ day of _____________, 2021. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Residing at: __________________________________ My Commission Expires: _______________________ Page 189 of 193 Interlocal Agreement – City of Pasco and Franklin Conservation District - 7 STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me Mark Nielson, District Manager of the Franklin Conservation District, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _____ day of _____________, 2021. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Residing at: __________________________________ My Commission Expires: _______________________ Page 190 of 193 2020-2021CITVCOUNCILGOAISUsigCommunityDevelopmentBlockGrant(CD55)andotherpublicandprivatecapitaltorevitaiizeolderneighborhoodsandsaferoutestoessentialservices.Continuingeffortstowarddesigning,siting,programmingneeds,andsiteselectionforacommunitycenterandpursuingacquisitionoflandforfuturecommunitypark.DevelopingPhaseIoftheAStreetSportingComplexandcontinueeffortstoprovideadditionalsoccerandspans?elds.CoordinatingwiththePascoPublicFacilitiesDistricttodevelopapubliceducationcampaign,?nancialanalysisandprepareaballotmeasureconcerningthedevelopmentofaregionalaquaticfacilityforconsiderationbythepeople.Completingconstructionofanewanimalcontrolfacility.Ongoingeffortstoimproveefficiencyandeffectivenessofpublicresourcesinthedeliveryofmunicipalservices,programs,andIong~termmaintenanceandviabilityofpublicfacilities.Collaboratingwiththeinclusion,DiversityandEquityCommissionandcommunityleaderstoenhanceengagementeffortsandorganizationalculturalcompetency.Updatingdesignstandardsforthedevelopmentofnewneighborhoodsandredevelopmenttopromotegreaterneighborhoodcohesionthroughdesignelements,eg.:walkabillty,aesthetics,sustainability,andcommunitygatheringspaces.UpdatingParksandFacilitiesComprehensivePlantoinclude:publicfacilitiesinventory,needsassessment,levelofservice,andcentersevaluation.TeamingwithlocalandregionalpartnerstodevelopaHousingActionPlanwithafocusonstrategiesthatemphasizeaffordablehousing.Regularevaluationofservicesandprogramstocon?rmimportancetocommunity,adequacy,andcost—bene?t.ContinuationofcostofserviceandrecoverytargetsinevaluatingCityservices.Ongoingevaluationofcosts,processesandperformanceassociatedwithdeliveryofCityservicesIncludingcustomerfeedbackandsatisfaction,staffing,facilities,andpartnershipopportunities.instillingandpromotinganorganizationalcultureofcustomerserviceacrossallbusinesslines.Updatingpoliciesrelatingtourbanizationoftheunincorporatedislandstoassureconsistencywithlong~rangeplanning,communitysafety,andfiscalsustainability.Page 191 of 193 2020-1011CITVCOUNCILGOAISlDvelopingaComprehensivePoliceStrategicMasterPlanthroughatransparentprocesstoevaluatefutureservicelevelsofthedertmenttoassuresustainability,publicsafety,andcrimecontroloverthenext5-10years.Collaboratingwithregionalandcommunitypartnerstoevaluateandimplementstrategiestoreducetheincidenceofhomelessness.Leveragingandexpandingpartnershipstomaintainandenhancebehavioralhealthservicestocommunitymembersincrisisbeingassistedbypoliceandfire.Continuingeffortstoimprovepoliceandcommunityrelations.WorkingtoachieveandmaintaintargetfireresponsetimesthroughoperationalImprovementsandlong-rangestrategicplanningoffacilitiesandstaf?ng.Focusingonthelong-terrngoalofsustainingaWashingtonStateRatingBureauClass3communityrating.Leveraginginfrastructuredatabaseofsidewalks,streetllghtsandpavementconditionsalongwithevaluatingpoliciesandmethodstoaddressneedsandinequities.CommencementandcompletionofconstructionoftheLewisStreetOverpassproject,ContinuedemphasisonimprovementsinRoad68/l~182/BurdenBlvd.corridortoimproveoperationandsafety.Data-drivenpro-activeneighborhoodtrafficcalmingefforts.ContinuedcollaborationwithBenFmnklinTransittoenhancemobilityandaccess.CompletionofaTransportationSystemMasterPlanandutilitationofitsrecommendationstodeveloppolicies,regulations,programs,andprojectsthatprovideforgreaterconnectivity,strategicinvestment,mobility,multi-modalsystems,accessibility,efficiencyandsafety.DowntownrevitalizationeffortsofDowntownPascoDevelopmentAuthority(DPDA),post-COVIDrestart,andCityinitiativessuchasDowntownMasterPlanprocessandsigncodemodi?cations.TheconstructionofPeanutsParkandFarmersMarketandcontinuedeffortstopursuestreetscapeandgatewayupgrades.ThecompletionoftheComprehensiveLandUsePlanUpdateandBroadmoorMasterPlanefforts,adoptionofUrbanGrowthAreaexpansionalternative,implementationofadoptedlong-rangeplanningeffortswithappropriateanalysisandadoptionofplanningactionsincluding:zoningcodechanges,phasedsigncodeupdate,anddevelopmentregulationsandstandards.Page 192 of 193 2010-2011CITVCOUNCILGOAL‘IncreasedeffortstopromotethecommunityasadesirableplaceforcommercialandIndustrialdevelopmentbypromotingsmallbusinessoutreachandassistance,predictabilityinprojectreview,andexcellentcustomerservice.PartnershipsandencouragementofDepartmentofNaturalResources(DNR)tofacilitatedevelopmentoftheremainingstate-ownedpropertiesatRoad68/l-182.ContinuedcoordinationwiththePortofPascotocompleteandimplementawaterfrontdoningplanandprovideforpublicinfrastructure.Activepartnershipsintheplanninganddevelopmentofstrategiestopromotetourismanddeploymentofassetstospureconomicactivity.Inconcertwithcommunitypartners,developmentofacomprehensiveeconomicdevelopmentplan.nInuedeffortsofcommunitysurveyingthroughtraProvidingopportunitiesforcommunityengagementthroughboards,commissions,volunteeropportunities,socialmedia,forums,andotheroutlets.Enhancedinter-agencyandconstituentcoordinationdevelopedduringthepandemic.Continuedeffortsofthecommunityidentity/imageenhancementcampaigntoincludepromotionofcommunityandorganizationalsuccesses.Enhancedparticipationandsupportofculturaleventsoccurringwithintheoommunity.SupportoftheArtsandCultureCommissioninpromotingunityandthecelebrationofdiversitythroughartandcultureprograms.Ionameosaneappicauononewecnoogies.Page 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