Loading...
ORD 84-02 AMENDING WINSLOW BUILDING CODELCM:jrv 01/03/84 01/12/84 01/31/84 ORDINANCE NO. 84-02 AN ORDINANCE OF THE CITY OF WINSLOW, WASHING- TON, AMENDING THE WINSLOW BUILDING CODE, ORDINANCE NO. 79-28, BY ADOPTING THE CURRENT EDITIONS OF THE UNIFORM BUILDING, PLUMBING, MECHANICAL, AND FIRE CODES, TOGETHER WITH THE CURRENT EDITIONS OF RELATED UNIFORM CONSTRUC- TION AND ENFORCEMENT STANDARDS AND CODES; MAKING CERTAIN AMENDMENTS TO SAID UNIFORM CODES AND STANDARDS; AND REPEALING ORDINANCE NO. 80-27 RELATING TO AN AMENDMENT TO THE UNIFORM PLUMBING CODE ESTABLISHING LIMITA- TIONS UPON THE USE OF CERTAIN PIPING MATE- RIAL. WHEREAS, upon the recommendation of the City's Land Use Administrator, the City Council has determined that the City should adopt the current versions of Uniform Codes and Standards relating to construction and fire prevention, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. City Ordinance No. 79-28, passed by the City Council on October 1, 1979, as amended by Ordinance No. 80-27, passed by the City Council on December 15, 1980 and Ordinance No. 81-18, passed by the City Council on May 4, 1981, is hereby further amended by revising Section 2 of said Ordinance 79-28 to read as follows: Section 2. CODES ADOPTED BY REFERENCE: The following codes are hereby adopted by reference subject to modifications and/or amendments set forth hereinafter: a. Uniform Building Code and Standards (1982 Edition) including appendices as prepared by the International Conference of Building Officials. b. Uniform Plumbing Code and Standards (1982 Edition) as prepared by the International Association of Plumbing and Mechanical Officials, including appendices. Uniform Mechanical Code (1982) Edition) as prepared by the International Conference of Building Officials. Uniform Fire Code and Standards (1982 Edi- tion) as prepared by the International Conference of Building Officials and West- ern Fire Chiefs Association. Uniform Code for Abatement of Dangerous Buildings (1982 Edition) as prepared by the International Conference of Building Offi- cials. The Regulations for Barrier Free Facilities as published by the Washington State Build- ing Code Advisory Council, WAC 51-10 as amended, effective August 17, 1983. Thermal Efficiency Standards pursuant to H.B. 98 (RCW 19.27) as published by the Washington State Energy Office. Effective date June 30, 1980. Uniform Administrative Code (1982 Edition) as prepared by the International Conference of Building Officials. In case of conflict among codes adopted for subsections b, c & d; the Code adopted per subsection a shall govern over those adopted in subsection b, c, & d only. Section 2. City Ordinance No. 79-28, passed by the City Council on October 1, 1979, as amended by Ordinance No. 80-27, passed by the City Council on December 15, 1980 and Ordinance No. 81-18, passed by the City Council on May 4, 1981, is hereby further amended by revising Section 3 of said Ordinance 79-28 to read as follows: Section 3. Amendments to the Uniform Building Code: A. Section 205 of the Uniform Building Code (1982 Edi- tion) is deemed amended as follows: It shall be unlawful for any person, firm or corpora- tion to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, con- -2- tinued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than $500 or by imprisonment for not more than six months, or by both such fine and imprison- ment. In addition to the above penalties, the City may in its discretion commence a civil action to compel compliance with the provisions of this Code in either the Winslow Municipal Court or in the Kitsap County Superior Court. Section 303 of the Uniform Building Code (1982 Edi- tion) is deemed amended to read as follows: a. Permit Required. 1. Issuance Procedure. A site plan review shall be conducted by the Winslow Planning Agen- cy and the site plan review fees shall be paid prior to application for the building permit for multifamily and non-residential construction. The application, plans and specifications and other data filed by an applicant for a permit shall be checked by the Building Official or his/her designee for a determination of com- pleteness. The building permit application shall be considered complete only after: 1. the determination that the official application form is complete 2. the plans submitted are adequate to evaluate the proposed project 3. plan check fees have been calculated by the Building Official (or designee) 4. and the plan check fees have been paid by the applicant. The complete application and building plans shall be reviewed by the Building Official for compliance with codes adopted by this ordinance and other pertinent laws and ordinances in ef- fect in the City of Winslow. When the Building Official is satisfied that the work as described in the application satisfies the requirements, of this code and conforms to other pertinent laws and ordinances, the applicant will be re- quired to pay the calculated building permit fee. A building permit shall then be issued to the applicant for the work described. 2. Compliance with Approved Plans and Permits. When the Building Official issues a permit, he/she shall endorse the permit in writing or stamp the plans "APPROVED". Such approved plans and permit shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accor- dance with the approved plans and permit except as the Building Official may require during field inspection to correct errors or omissions. -3- 3. Permits for Part of a Project. The Building Official may issue a permit after payment of the required fee for the construction of part of a project before complete plans for the whole project have been submitted or approved, pro- vided that the proposed project complies with the State Environmental Policy Act and the Zon- ing Ordinance (including site plan review); and provided further that adequate information and plans have been filed and checked to assure compliance with all requirements of this and other pertinent codes. 4. Amendments to the Permit. When substi- tutions and changes are made during construc- tion, approval shall be secured prior to execu- tion. Substitutions, changes and clarifications shall be shown on two sets of plans which shall be submitted to and approved by the Building Official, accompanied by redesign fees, prior to occupancy. 5. Cancellation of Permit Application. If a permit is not issued after a period of six months from the date of approval for issuance or date of notification of required corrections the applicant shall be notified in writing that the permit application will be cancelled after one month. After that time, the site shall be in- spected to verify that no work has taken place. The application shall be cancelled and it and any accompanying plans and specifications de- stroyed and the portion of the fee paid for- feited. Upon written request of the applicant, prior to cancellation, the Building Official may extend the life of the permit application for a period not to exceed six months, with no other extensions possible; except that applications may be further extended by the Building Official where permit issuance is delayed by litigation, appeals or similar problems. Application forms and plans for such cancelled permit applications shall not be retained by the City. Any appli- cation for a permit for the same structure and/or site for which the original permit was cancelled shall be considered a new application requiring a new application and submittal of a new complete set of plans, recalculations of the fees by the Building Official and payment of the full fee. All ordinances in effect at the time of the filing of the new completed application shall be complied with. Retention of Plans for Work under Construction. One set of approved plans shall be retained by the Building Official for a period of 90 days from the date of the final inspection and one set of approved plans shall be returned to the applicant, which set shall be kept on such building or work site at all times during which the work authorized hereby is in progress for use by the building inspector. Validity. The issuance or granting of a permit or approval of plans shall not be construed to -4- be a permit for, or an approval of, any violation of any of the provisions of this Code or of any other ordinance of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of the Code shall be valid. The issuance of a permit based upon plans shall not prevent the Building Official from there- after requiring the correction of errors in said plans, specifications or other data, or from preventing building operations being carried on thereunder when in violation of this Code or of any other ordinance of the City. The issuance of a building permit shall not prevent the Building Official from requiring correction of conditions found to be in viola- tion of this Code or any ordinance of the City, nor shall the period of time for which any such permit is issued be construed to extend or otherwise affect any period of time for compli- ance specified in any notice or order issued by the Building Official or other administrative authority requiring the correction of any such conditions. d. Expiration. 1. Permits and Renewals Where Work is Pro- gressing. Permits shall expire 1 year from the date that the original permit was issued, except if specifically noted otherwise on the permit. Permits for major construction projects that require more than 1 year to complete may be issued for a length of time that provides a reasonable time to complete the work, however, in no case to exceed three (3) years. Permits may be renewed and renewed permits may be fur- ther renewed by the Building Official upon ap- plication within the thirty (30) day period immediately preceding the date of expiration thereof, provided that the Building Official determines that the work permitted has been started and is progressing. If commencement or completion of the work is delayed by litigation, appeals, strikes or other causes beyond the permittee's control, the expiration date will be extended the number of days the work was delayed by such causes. A new permit will be applied for where a permit has expired. 2. Permits and Renewals Where Work is not Com- menced or is Suspended. Permits and renewed permits shall expire 180 days from the date that the original permit or renewed permit was issued if the work authorized by such permit or renewal is not commenced within the 180 day period or if work authorized by such permit is suspended or abandoned at any time after the work is com- menced for a period of 180 days. Permits may be renewed one time for such cases by the Building Official upon application within the thirty (30) day period preceding expiration of the permit. -5- A new permit will be applied for where a period has expired. 3. APPlication Process for New Permits and Re- newals of Permits. A new permit shall be ap- plied for where a permit has expired. A new application form and complete plans must be filed and a new fee shall be calculated by the Building Official and paid by the applicant. All ordinances in effect at the time of filing of a completed application shall be complied with. A permit may be renewed under the con- ditions set forth in this section upon written application for renewal. A renewal fee amount- ing to 1/2 the original fee shall be paid by the applicant before the renewal permit is issued. 4. Suspension or Revocation. The Building Official shall, by written order, suspend or revoke a permit issued under the provisions of this Code whenever the permit is issued in error or on the basis of incorrect information sup- plied, or in violation of any ordinance or regu- lation or any provisions of this Code. The Building Official may also suspend a permit in whole or in part and stop work pursuant to said permit whenever an appeal from the action of the Building Official issuing or renewing said per- mit has been filed pursuant to this or other ordinance of the City of Winslow. Section 304 of the Uniform Building Code (1982 Edition) is deemed amended as follows: a. Permit Fees. The fee for each permit shall be set forth in Table No. 3-A. The determination of value or valuation under sny of the provisions of this code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. Plan Review Fees. When a plan or other data is required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be 65 percent of the building permit bee as shown in Table No. 3-A. ~lere plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table No. 3-A. C. InveStigatiOn Fees. Work without a permit Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such ~;ork. An investigation fee, in addition to the permit fee, shall be collected whether a permit is then or subsequently issued. The investigation fee shall be based on the actual time spent on the investigation. The payment of such investiga- tion shall not exempt any person from compliance -6- with all other provisions of this ordinance or from any penalty perscribed by law. Renewal Fees. Fees for renewals shall be one- half(I/2) the amount required for a new permit for the work. Such fee may be waived by the Building Official following written request for same upon showing that circumstance beyond the control of the applicant prevented work from commencing or action from being taken. e. Fee Refunds. 1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Building Official shall not authorize the refunding or any fee paid except upon written application filed by the original permitee not later than 180 days after the date of fee payment. Section 404 of the Uniform Building Code (1982 Edi- tion) is deemed amended to read as follows: 1. "City" shall mean the City of Winslow. Section 3. Ordinance No. 80-27, passed by the City Council on December 15, 1980, amending the Uniform Plumbing Code by extab]ishing restrictions upon the use of certain material for piping is hereby repealed. Section 4. A Copy of each code, regulation and stan- dard adopted by this ordiance shall be maintained on file in the office of the City Clerk as required by RCW 35A12,140. Section 5. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAYOR, ALICE B. ~ ATTEST/AUTHENTICATED: TY LE A UXTON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FIL H CITY CLERK: PASSED BY THE CITY COUNCIL: POSTED: March 6, 1984 EFFECTIVE DATE: March 11, 1984 ORDINANCE NO. 84-07 February 1, 1984 March 1, 1984 -8-