HomeMy WebLinkAbout4515 Ordinance - Amending PMC 3.35.030 and Title 16Ordinance – WA ST Building Code Updates - 1
ORDINANCE NO. 4515
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
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
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
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
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.
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.
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
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.]
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.]
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.
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
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.
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.]
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.
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;
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
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.]
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.]
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.
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.]
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 company” 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.
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.]
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
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
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.]
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
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 di sturbing
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
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 public 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 may
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
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
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.]
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.]
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.]
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.]
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.]
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 b e
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 t he
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
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.
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.]
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.]
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. [O rd.
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
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.]
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.]
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.]
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.]
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
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.]
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.
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 any injury or damage resulting from the failure of a
building or any premises to comply with provisions of this fire code, or by
reason or in consequence of any inspection, notice, order, certificate,
permission or approval authorized or issued or done in connection with the
implementation or enforcement of this fire code, or by reason of any action or
inaction on the part of the City, related in any manner to the enforcement of this
fire code by its officers, employees or agents.
(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:
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.
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
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.]
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.
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.]
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 t hey 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.]
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.
Ordinance – WA ST Building Code Updates - 55
c) Whenever the stress in any materials, member, or portion thereof, due 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.
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
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:
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.
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.
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.
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
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.]
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
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
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, notice 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 regulations;
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
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 minimize 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
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 19th day of January,
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: ____________________