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ORD 2007-17 CODESNQ. 2007.17 FINANCE shxngtan, relating • d e Island ~a ction Cit of Bainbri g s• amending se NCE of the y ted regulate°n ~ do t the aHpINA des and rely BI~C} to a p ~ ~ ilding c° ' al Code ~ it s bu Municip 1 Residential to the C y • bred e Island Internationa of the Bain g the 2006 ten1ational 15.04.020 wilding C°de' , the 2006 In ten~ational B bang Code Washington 200 ~ nifarm Plum de the 2006 the 2006 U onal Fire Co ~ d Indoor Air Code, 2006 Internati to ventilation an C anical Code, shington Sta mending BI~ McCh the 2006 Wa 1 Gas C°de' a lal Bnergy Code, en1ational Pue . onal Resident state nd the 2006 Int f the Internati ent, uality Code a le R301.2t1} ° • ns and en£°rCem Q amend Tab din violatio ending 15.04.021 t0 5.04.030 regar g eats; and am . din BBC 1 re arding app , stated in Code, amen g C 15.04.13 0 g uirements as . Section BIM . ~ lire flaw req adding new do t the minimum 13.10.05 t0 a p • nal Fire Code. B~VIC 006 Internatio do t by dix B of the 2 in the state a p Appen • e all ~urisdicti0ns • statutes requir shin ton; and Washington ou bout ~a g ~I~~~AS' ilding code thr g the same bu romulgated Ce and enforce atlonal CodeS~ p e re feren e 2006 Intern wilding Cod . established th e new State B VVashington e basis of th ~~E~AS' .1 ICC}~ as th de Counci ~ atlonal C° er 19 ~27 ~ and b the Intern d RCS Chapt I'TY pF y SHB 1734 an ~ THE C ursuant t0 p~NCIE ~ p CITY C o~~o~'s. per, TIE ~ AIN AS F T~~~~ T oN, ~ ~ ~ NQw~ BASHING nded to ~~ ISEAND~ ' ' al Code is ame BAINBItID land Nlunicip Bainbridge Is . ,04.020 of the • 1 Section 15 S ect~on • read as f °llows ~ ence• o ted by refer OZO Codes ad p ~ the ~~SeCtyon 15.04. Ce subject to o ted by ref eren X50 a d . codes are ad p °u h 15.04. e following 15.04.021 thr g Th in BBC rats set forth . ~ ublished amendme 2006 Edition p ion gg_31, ~ Code, ~ in Chapter ReSO1ut tional Building ed as set forth The lnterna and as amend ted by the A ode C°uncil, ode, and adop ten1ational C inistrative C endices: by the In ashin ton Adm e following app 0f the ~ ddition to th 51-50 ~ ncil, in a ' din Code C°u Edition State Buil g }~, ~ 2~ ix I, ``Grading ' idential Code, as set forth Append atlonal Res as amended • The Intern COUncil, and Code, and B rnational Code dministrative • ed b the Irate ashin ton A publish y of the ~ . 51-51 ~ ouncil} ~~. in Chapter ilding Code C adopted y b the State Bu 1 C. The ''~-~ ' ~ ^~° Uniform Plumbing Code, 2006 Edition, including A~~endix C~ as published by the International Association of Plumbin and Mechanical Gfflcials, as amended and g adopted by the State Building Code Council, together with Appendix Chapters A, "Recommended Rules for Sizing the water," Appendix B, "Explanatory Notes on Combination Waste and Vent Systems," Appendix I, "Installation Standards," Appendix H, "Crrease Interceptors," and excluding Chapter 1, "Administration"; D. The International Mechanical Code, ~ 2006 Edition, published by the International Code Council, and as amended as set forth in Chapter 51-52 ~ of the Washin ton Administrative Code, and adopted by the State Building Cade Council, except that the standards for handling liquefied petroleum gas installations shall be NFPA 5S "Storage and Handling of Liquefied Petroleum Gases,--' and ANSI Z223.11NFPA 54 National Fuel Gas Coded--' and excluding Chapter 1, "Administration"; E. The International Fire Cade, ~ 2006 Edition, published by the International Code Council, and as amended as set forth in Chapter 51- 54 ~ of the Washin ton Administrative Code, and adopted by the State Building Code Council, with the addition of the following appendices: Appendix B~Fire Flow Requirements--' except that Section B105.1 of Appendix B relating to ems- Gne and +~_~^ ~~~~'t~~~i°lf~~~~ Two Familx Dwellings is replaced by flexible residential fire flow requirements as set forth in BIMC 13.1 x.065, Appendix C, "Fire Hydrant Locations and Distributions", ~ " ' " Appendix E~Hazard Categories--', Appendix F--`Hazard Rankings--', and Appendix G~Cryogenic Fluids-Weight and Volume Equivalents--'; F. The 1997 Edition of the-Uniform Code for the Abatement of Dangerous Buildings, as published by the International Conference of Building Gfflcials; G. The ~ Washington State Energy Code,, 2006 Edition, as amended as set forth in Chapter 51-11 ~ of the Washing Administrative Code, and adopted by the State Building Code Council; H. The ~ Washington State Ventilation and Indoor Air Quality Code, 2006 Edition as amended as set forth in Chapter 51-13 ~ of the washin ton Administrative Code, and as adopted by the State Building Code Council; I. The 1997 Edition of the-Uniform Administrative Code, as published by the International Conference of Building Officials; J. The ~ International Fuel Gas Code, 2006 Edition, as published by the International Code Council;W .. . > In case of conflict among codes adopted in subsections A, B, C, D, E, F, G, H, I, and J of this section, the codes adopted in subsections A and B of this section shall govern over those adopted in subsections C, D, E, F, G, H, I, and J of this section." 2 Section 2. Section 15.04.OZ 1 of the Bainbridge Island Municipal Code is amended to read as follows: "Section 15.04.OZI Design Requirements IRC Table R301.2~1} is amended by filling in the blanks of the table as follows: Ground Snow Load: X25 psf Wind Speed: 85 mph Seismic Category: D2 Weathering: Moderate Frost Line Depth: X18 inches Termite: Slight to Moderate Decay: Slight to Moderate Winter Design Temp: Z7 degrees F Ice Shield Underlayment Required: No Flood Hazards: Per BIMC 15.16 Air Freezing Index: l I3 Mean Annual Temp: 53 degrees F" Section 3: Section 15.04.030 of the Bainbridge Island Municipal Code is amended to read as follows: "15.04.030 ' ' Violations - Enforcement and enalt . .1.~ 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 or permit the same to be done, contrary to or in violation of any of the provisions of ~ the cit build code. B. It is unlawful for any person to remove or deface any sign, notice, complaint or order required by or posted in accordance with s the city buildingrcode. C. It is unlawful to misrepresent any material fact in any application, plans or other information submitted to obtain any permits or authorizations under ~ the cit buildin code. D. Civil Infraction, Exce t as rovided in subsection E of this section, conduct made unlawful~,by the crty buildin code shall constitute a ~ • ~ A ~~ 1 ••. • x•11 1~ i~ nn•~• n•11 mnnn.•~nn•n ~~inlr~~~4 ,r,,, ~~~ I~i~i•ro civil infraction and is subiect to enforcement and fines as provided in BIMC Cha,~ater,,,~ 26_.035, includingpayment of a fine of not more than f ve 1,~_~_,,_,•.,. ._._L....__ hundred dollars ' _ ___ ,_ ~$,5,Q0.00} pert„ v~alationll,~for each day.,_of noncom liance ~, . ,., ~-~- -...... ,.._ ,,, .. .r._,_,_,P .~_ and. payment of court costs. A civil infraction under this section shall be __ _ __~~~__. 1 •11 .il•W.. i•~p •n.•ul•.m*un. murl.~~• I~rlrrl•irl.n•~~• P•rnm~~l~ 3 rocessed in the manner set forth in BIMC Chapter ~ .26, E. Misdemeanor. Any person who main violates this section within twelve ~ 12~ months after receivin a notice of infraction ,pursuant to subsection A of this section commits a misdemeanor and an erson who is convicted thereof shall be punished as provided in BIMC 1.24.O10.A. F. Civil penalty. In addition to any evil infraction f ne, criminal ,penalty, and or other available sanction or remedial procedure, any person en a in in conduct made unlawful b the cit buildin code shall be subject to a cumulative civil penalty in the amount of $1,000 per day for each violation from the date set for compliance until the date of com liance. An such civil enalt shall be collected in accordance with BIMC 1.26.90. G. Additional Remedies. In addition to any other remedy provided b this cha ter or under the Bainbrid e Island Munici al Code the cit may initiate injunction or abatement proceedings or any other appropriate action in courts a ainst any person who violates or fails to comply with an rovision of this cha ter to revent en'oin abate andlor terminate violations of this chapter andlor to restore a condition which existed_prior to the violation. In any such proceeding the person violating ,andlor failin to com 1 with an rovisions of the cit buildin code shall be liable for the costs and reasonable attorney's fees incurred b~ the city in brie in maintainin andlor rosecutin such action, H. In the event and to the extent the langua eg of this _ section conflicts with lan ua e of the codes andlor a endices ado ted b reference in BIMC 15.04.020, the language of this section shall prevail over the lan ua e it conflicts with in an said code andlor a endix." Sectlan 4. Anew section 15.04.130 is hereby added to Chapter 15.04 of the Bainbridge Island Municipal Code and shall read as follows: "15.04,130 Appeals. A. General, Except for civil infractions, misdemeanors and civil enalties im osed ursuant to BIMC 15.04.034 the hearin examiner ,shall hear and decide appeals of orders, decisions andlor determinations made b the buildin off vial andlor director of lannin and communit . development relative to the application and interpretation„ of the„ city~ building code. B. Limitations on Authorit . Ana lication fora eal shall be based on a claim that the true intent of the city building code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the city buildin code do not fully ap l~ or an equally o~od_. or better form of construction is ro osed. The hearin examiner shall have no authority ~o waive requirements of the city buildin~_code. C. In the event and to the extent the lan ua e of this section con acts wit an ua e o the codes andlor a endices ad,,, reference in BIMC 15.04.020, the langua e of this section shall prevail over the language_it conflicts within any said code andlor ap ep ndix." Section 5. Section 13.10.065 of the Bainbridge Island Municipal Code is amended to read as follows: "13.10.065 Fzre Flow. Minimum fire flow requirements shall be as stated in Appendix B of the International Fire Code, ~ 2006 Edition, published by the International Code Council, with the exception that requirements in Section B 105.1 shall be replaced by flexible residential fire flow requirements as established by the city by resolution," Section 6. 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 11th day of July 2007. APPROVED BY THE MAYOR this 12th da of Jul 2007. Y Y / ~~~i~ Darlene Kordonowy, Mayor ATTE S TIAUTHENTICATE 101 ~ Rosalind D. Lassoff, C C, City Clerk FILED WITH THE CITY CLERK: June 19, 2007 PASSED BY THE CITY COUNCIL: July 11, 2007 PUBLISHED; July 18, 2007 RE-PUBLISHED: August 1, 2007 EFFECTIVE DATE: July 23, 2007 ORDINANCE NUMBER: 2007-17 5