Loading...
ORD 96-12 AMENDING MUNICIPAL CODEORDINANCE NO. 96-12 AN ORDINANCE of the City of Bainbridge Island, Washington, amending sections 15.04.014, 15.04.020, 15.04.025, 15.04.030, 15.04.040, 15.04.050, 15.04.060, 15.04.080, 15.04.090, 15.04.110, and 15.04.120 of the Bainbridge Island Municipal Code to provide for the 'adoption of the Uniform Building Code, 1994 edition; the Uniform Fire Code, 1994 edition; the Uniform Code for the Abatement of Dangerous Buildings, 1994 edition; the Washington State Energy Code, 1995 edition; the Washington State Ventilation and Indoor Air Quality Code, 1995 edition; the Uniform Administrative Code, 1994 edition; and the Uniform Mechanical Code, 1994 edition, making amendments thereto, with appendices. WHEREAS, the City Council of the City of Bainbridge Island has determined that the enactment of comprehensive, uniform building regulations will promote the health, safety and welfare of the citizens of Bainbridge Island; and WHEREAS, such building regulations will define minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire and life safety; and WHEREAS, such building regulations will set out requirements for minimum performance standards; and WHEREAS, comprehensive building regulations will eliminate restrictive, obsolete, conflicting and duplicative .regulations and requirements that unnecessarily increase construction costs and/or retard the use of new materials, products or methods of construction; and WHEREAS, the enactment of such comprehensive building regulations is consistent with the mandate of RCW 19.27.020; now, therefore: THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: Section 15.04.015 of the Bainbridge Island Municipal Code is amended as lbllows: 15.04.015 Definitions. A. !'Building official" means an appointed position, responsible for supervising the enforcement of all applicable building and municipal codes, permit processes and inspections. Section 2: Sections 104.2.3, 104.2.4, 104.2.5 and 104.2.10 of the Uniform Building Code adopted in Section 15.04.020 of this chapter am deemed amended to read as follows: .104.2.3 Right of Entry. The right of entry for the building official shall be as set forth in Section 1.26.020 of the Bainbridge Island Municipal Code. 104,2.4 Stop Orders. The building official may order work stopped in accordance with Chapter 1.26 of the Bainbridge Island Municipal Code. 104.2.5 Occupancy Violations. The building official may order discontinuance or vacation of a use, structure, building or equipment in accordance with Chapter 1.26 of the Bainbridge Island Municipal Code. 104.2.10 Cooperation of Other Officials and Officers. The building official may request and shall receive the cooperation of other city departments and officers in accordance with Section 1.26.020 of the Bainbridge Island Municipal Code. Section 3: Section 15.04.020 of the Bainbridge Island Municipal Code is amended as follows: 15.04.020 Codes adopted by reference. The following codes are adopted by reference subject to the amendments set forth in Sections 15.04.030 through 15.04.070: A. The 1994 edition of the Uniform Building Code, Volumes 1, 2 and 3, including Chapters 15, 8 and 33 (except Tables 33-A and 33-B) of the appendix, as published by the International conference of Building Officials, and as amended and adopted by the State Building code Council; B. The 1991 edition of the Uniform Plumbing Code, including Appendix C, as published by the International Association of Plumbing and Mechanical Officials, and as amended and adopted by the State Building Code Council, and the 1991 Uniform Swimming Pool, Spa and Hot Tub Code, as published by the International Association of Plumbing and Mechanical Officials; C. The 1994 edition of the Uniform Mechanical Code and the 1994 edition of the Uniform Mechanical Code Standards, as published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials and as amended and adopted by the State Building Code Council. D. The 1994 edition of the Uniform Fire Code, Volumes 1 and 2, including all appendices, except section 1.2 of Appendices I-A, I-B, II-1 and III-D, as published by the International Conference of Building Officials and Western Fire Chiefs Association and as amended and adopted by the State Building Code Council; E. The 1994 edition of the Uniform Code for the Abatement of Dangerous Buildings, as published by the International Conference of Building Officials; F. The 1995 Washington State Energy Code, as adopted and set forth in Chapter 51-11 WAC; G. The 1995 Washington State Ventilation and Indoor Air Quality Code, as adopted by the State Building Code Council and set forth in Chapter 51-13 WAC; and H. The 1994 edition of the Uniform Administrative Code, as published by the international Conference of Building Officials. In case of conflict among codes adopted in Subsections A, B, C and D of this section, the code adopted in subsection A shall govern over those, adopted in subsections B, C and D. Section 4: Section 15.04.030 of the Bainbridge Island Municipal Code is amended as follows: 15.04.030 Uniform Building Code - Section 103 amended - violations. A. It shall be unlawful for any person, firm or corporation 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 to permit the same to be done, contrary to or in violation of any of the provisions of this code. B. It is a violation of this code for any person to remove or deface any sign, notice, complaint or order required by or posted in accordance with this code. C. It is a violation of this code to misrepresent any material fact in any application, plans or other information submitted to obtain any permits or authorizations under this code. D. Enforcement of this code and the imposition of penalties for violations of this code shall be as provided for in Chapter 1.26 of the Bainbridge Island Municipal Code. Section 5: Section 15.04.040 of the Bainbridge Island Municipal Code is amended as follows: 15.04.040 l. Jniform Building Code - Section 106.4 amended - Permits issuance. A. Permit Required. 1. Issuance Procedure. 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 completeness. The building permit application shall be considered complete only after: a. The determination that the official application form is complete. b. The plans submitted are adequate to evaluate the proposed project. c. 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 effect in the City of Bainbridge Island. 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 required 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 accordance with the approved plans and permit except-as the Building Official may require during field inspection to correct errors or omissions. ** 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, provided that the 4. Amendments to the Permit. When substitutions and changes are made during construction, approval shall be secured prior to execution. 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 canceled after one month. After that time, the site shall be inspected to verify that no work has taken place. The application shall be canceled and it and any accompanying plans and specifications destroyed and the portion of the fee paid forfeited. 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 canceled permit applications shall not be retained by the City. Any application for a permit' for the same structure and/or site for which the original permit was canceled 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. B. 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 is in progress for use by the building inspector. C. Validity. The issuance or granting of a permit or approval of plans shall not be construed to 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 this Code shall be valid. The issuance of a permit based upon plans shall not prevent the Building Official from thereafter 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 ordinances of the City. The issuance of a building permit shall not prevent the Building Official from requiring correction of conditions found to be in violation of this Code or nay ordinance of the City, nor shall the period of time for which any such permit is issued by construed to intend or otherwise affect any period of time for compliance specified in any notice or order issued by the Building Official or other administrative authority requiring the correction of any such condition. D. Expiration. 1. Permits and Renewals Where Work is Progressing. Permits shall expire one (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 one (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 further renewed by the Building Official upon application 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 Commenced 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 is suspended or abandoned at any time after the work is commenced 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. A new permit will be applied for where a period has expired. 3. Application Process for New Permits and Renewals of Permits. A new permit shall be applied 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 conditions set forth in this section upon written application for renewal. A renewal fee amounting 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 supplied, or in violation of any ordinance or regulation 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 form the action of the Building Official issuing or renewing said permit has been filed pursuant to this or other ordinance of the City of Bainbridge Island. Section 7: Section 15.04.050 of the Bainbridge Island Municipal Code is amended as follows: 15.04.050 Uniform Building code - Section 107 amended - Permit fees. A. Permit Fees. The fee for each permit shall be set forth in Table No. I-A, attached hereto and adopted by reference herein. B. Plan Review Fees. When a plan or other data is required to be submitted by Subsection B of Section 103.3.2, 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 fee as shown in Table No. I-A. Where 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. I-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 work. 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 investigation shall not exempt any person from compliance with all other provisions of this ordinance or from any penalty prescribed by law. D. Renewal Fees. Fees for renewals shall be one-half (1/2) 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 circumstances 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 or 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 canceled before any plan reviewing is done. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Section 8:15.04.060 of the Bainbridge Island Municipal Code is amended as follows: 15.04.060 Uniform Building code -Section 204-C (#5) amended - City defined. 1. "City" shall mean the City of Bainbridge Island. Section 9:15.04.080 of the Bainbridge Island Municipal Code is repealed. Section 10: Section 15.04.090 of the Bainbridge Island Municipal Code is amended as follows: 15.04.090 Fire protection systems. Buildings within the city used for assembly, educational, industrial, institutional, mercantile, storage, office and multifamily dwelling purposes shall be equipped with fire protections systems. The plans for all such systems must be approved in advance of construction by the city building official or the Washington State Survey and Ratings Bureau. All sprinkler systems must meet the following minimum requirements: A. Sprinkler Systems Required. 1. A fully automatic sprinkler system designed, installed and tested pursuant to NFPA No. 13 (current edition) shall be installed in all new buildings in excess of 5000 square feet total floor area. 2. A fully automatic sprinkler system meeting the standards set forth in subsection A 1 above may be required by the chief of the fire district for any new building in the city, when, in the judgment of the chief or officer, any of the following conditions exist: hazardous operations, hazardous contents, critical exposure problems, limited accessability to the buildings, or other items which may contribute to definite fire hazards. 3. All sprinkler systems installed after the effective date of the ordinance codified in this subsection shall be equipped with a leak detector meter which includes a double check valve assembly. B. Standpipes Required. A standpipe system designed, installed and tested pursuant to NFPA No. 14 (current edition) shall be installed in all new buildings in excess of 10,000 square feet total floor area. C. Conflicts. In the event that any provision of this section conflicts with any provision of the Uniform Building Code or the Uniform Fire Code as adopted by the city, the more stringent (greatest protection) provision shall apply. D. Exceptions. The chief of the fire district and the city building official shall have the authority to grant exceptions to the provisions of 'this section. All such exceptions must be in writing and shall be granted only where the required sprinkler system or hose station would create a safety hazard or cause damage to the building's contents. E. Existing Buildings. 1. Existing fully sprinklered buildings, when remodeled or added onto, shall retain the feature of being sprinklered in the remodeled or added on portion. 2. If, by expanding an existing building, the resulting total structure falls within the coverage of subsection A of this section, the entire structure shall be fully sprinklered as required in subsection A1 or A2, whichever may apply. 3. If a building permit is required in the remodeling of an existing structure of 5000 or more square feet total floor area, the entire structure shall be fully sprinklered as required in subsections A1 or A2, whichever may apply. Section 11: Section 15.04.110 of the Bainbridge Island Municipal Code is amended as follows: 15.04.110 Burning permits. The authority for this section is provided by RCW Chapter 52.12 as now existing or hereafter amended. A. Residential Fires. 1. A permitted residential fire shall contain only materials consisting of natural vegetation resulting from the maintenance of lands immediately adjacent and in close proximity to a human dwelling and which is burned on the tax lot on which the material originated. 2. It shall be unlawful and a violation of this section to intentionally build, prepare or ignite any residential fire which is larger than four feet in diameter and three feet high. 3. No permit or notification is required for a permitted residential burning fire. B. Land Clearing Fires. 1. A permitted land clearing fire shall contain only natural vegetation resulting from land clearing projects and shall be burned on the tax lot on which the materials originated or within the confines of a development project approved by the city. 2. It shall be unlawful to intentionally build, prepare or ignite any land clearing fires larger than 10 feet in any dimension. C. Conditions. All permitted fires are subject to the following additional conditions: 1. Any such fire shall be ignited and allowed to burn only during daylight hours except if the fire is attended at all times by a responsible adult as required in subdivision 4 of this subsection. 2. Only vegetation or other natural materials shall be in permitted fire. No fire Containing plastics, rubber or items causing toxic smoke or odors, no garbage, dead animals, asphalt, petroleum products, shall be permitted. 3. Only one permitted burn pile per tax lot shall be permitted at any time. Sequential fires are permitted only when each fire is completely extinguished before igniting any subsequent fire. 4. One adult person, capable of extinguishing the fire must be within sight distance of the fire at all times it is burning. 5. At minimum five gallons of water or a charged garden hose must be available for extinguishing sparks or other uncontrolled fires. 6. The materials to be burned shall be placed on bare soil, free from flammable materials. In addition, all flammable materials within five feet or a distance to prevent spreading shall be removed from the ground. 7. Permitted fires shall be allowed during periods of calm to very light winds. Fires regulated under this section shall be subject to the prohibition on fires due to poor air quality as declared by Puget Sound Air Quality Authority from time to time. 8. The fire marshal may require a permitted fire to be extinguished if, in the opinion of the fire marshal, the fire is causing a nuisance from smoke, odor or flying ash. D. Notice as to Permitted Fires. Any person desiring to ignite a permitted land clearing fire shall notify the fire marshal. No notice is required for residential fires. E. Procedures. The fire marshal shall establish procedures for carrying out the provisions of this section. Section 12: Section 15.04.120 of the Bainbridge Island Municipal Code is amended as follows: 15.04.120 Administrative variance - Compliance with Americans with Disabilities Act. A. Application. A property owner may apply for an administrative variance from building setback requirements set forth in this code if the variance is requested solely for the purpose of complying with the federal Americans with Disabilities Act and any amendments thereto. Administrative variance applicants shall not be required to comply with the procedures for obtaining a variance set forth in Chapter 18.111 of this code. B. Procedures. The application shall be filed with the Department of Planning and Community Development on a form prescribed by the department. The director of Planning and Community Development shall review the application and approve, approve with conditions or disapprove the application pursuant to Section 2.16.095. C. Decision Criteria. The director of Planning and Community Development may approve or approve with conditions an application for an administrative variance if: 1. The administrative variance is requested for the purpose of obtaining relief from building setback requirements set forth in this code; 2. The need for the administrative variance has not arisen from actions taken or proposed by the applicant; 3. The administrative variance is the minimum necessary to fulfill the need of the applicant; 4. The administrative variance is consistent with the purpose and intent of this code and in accordance with the city's comprehensive plan; and 5. The administrative variance is necessary for the property to comply with the federal Americans with Disabilities Act and any amendments thereto. D. Expiration. An administrative variance automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date of the administrative variance unless: 1. The applicant has received an extension for the administrative variance; or 2. The administrative variance approval provides for a greater time period. F. Extension. The director of Planning and Community Development may grant one extension to the administrative variance for period not exceed one year if: 1. Unforeseen circumstances or conditions necessitate the extension of the administrative variance. 2. Termination of the administrative variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and 3. The extension request is received by the Dep~tment of Planning and Community Development no later than 30 days prior to the expiration of the administrative variance. Section 13: This ordinance shall take effect and be in force five (5) days from its passage, approval, and publication as required by law. PASSED by the City Council this 18thday of April, 1996 APPROVED by the Mayor this Z_4_~day of Pro tern APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney Apr1 1: 1gq6 ATTE ST / AUTHENT I CATE ' FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: POSTED: EFFECTIVE DATE: ORDINANCE NUMBER: 1/26/96 4/18/96 4/24/96 4/24/96 4/29/96 96-~I2