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Agenda 01/22/2004 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue 6:30 p.m.-9:30 p.m. * * * January 22, 2004 * * * I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES • January 8, 2004 VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT XI. COMMISSION BUSINESS Old Business: Continuation of Flood Plain Ordinance Public Hearing Conclusion New Business: • Public Hearings 1) Sign Code Revision (Scott Kuhta) 2) International Building Codes (Tom Scholtens) X. FOR THE GOOD OF THE ORDER Xl. ADJOURNMENT COMMISSIONERS CITY STAFF Fred Beaulac Marina Sukup,AICP Robert Blum Greg McCormick,AICP John G. Carroll Scott Kuhta, AICP David Crosby Debi Alley William Gothmann, Chair Gail Kogle Ian Robertson, Vice-Chair www.spokanevalley.orq CET! OF SPOMME 7NLL V C E7V OF SPOKAW E VALLEV Planning Commisskm - Pu lIc Nearing aring lannring Conunlsslon - PubOlc Heaping aping January 22„ 2004 '7 I January 2Z 2004 ZPI ri 7 .50 _ �a z Name Please Print)g : 1/z.= ;.'--3,c7-r.,,-/ J A ••U t 0 I /� f� �,' �""��___ Q ) / Name ([Tease Print): Addresso V%l/ l Alc...5", y77-7` fY� ��G�/l ee.,,Er/L_ Add ressgl • c- Agenda Items: 5/6.1" C 0 4 2eci>si0 -� agenda X emg S fe4,1\1 C00E-- 12A:..--V16 t (v 7 For Proposal [ For Propif sal ❑ Opposed to Proposal ❑ Op 'ssed ao t r-tp©sal ❑ Neutral ❑ Neutral \,iiish to speak: 2, Yes ❑ No VAsh to Speako ❑❑' Ves ❑ me CHTY O I Damon CC©rainlosso© - Plealc [clearing-- Nannting Cortmi lssloc January 227 2004 2-7 Januarg 22a 2006 .1 01 Game (Please brunt): .D6Y-'7- �l=YA . 4 OTC I i. ,-(A 1 Name please Pronto ---0. C-:)i VI L <<..��•ts N tcja i Q ) / ^, (') S 7 ,r 1 / sl�resso ! C�'�` - , 'l�%is S'// . tach lresso i = .z= Z.....14,1)._ t� t a klGr ``.c Agenda Item _,/%1 (w S��/,�. _ ' 1)---77 —1 Subjectg (Y(j C° ForProposal11,.E J y` (3) G) j e 1 ❑ Opposed bil, Proposal d-PR /Gti- ❑ Neutral 1! lsh to Speaks [� Yes 111o Wish to Speak; V-Yes El N CITY OF SPOKANE VALLEY Request for Commission Action Meeting Date: January 22 , 2004 Item: Check all that apply: ❑ consent ®old business ❑ new business ® public hearing ❑ information ❑ admin. report D pending legislation AGENDA ITEM: Consider recommendation of an ordinance establishing Article V— Special Zones of the Spokane Valley Uniform Development Code and providing for flood damage prevention in accordance with the National Flood Insurance Program (NFIP), designating a Floodplain Administrator, repealing ordinances in conflict, establishing penalties for non-compliance, providing for severability and effective date GOVERNING LEGISLATION: Revised Code of Washington (RCW) 86.12.210 PREVIOUS COUNCIL/COMMISSION ACTION: City Council received an Administrative Report on participation in the NFIP and the proposed ordinance on November 12, 2003. Planning Commission opened a Public Hearing on December 4, 2003, and continued the hearing until January 8, 2004. BACKGROUND: The National Flood Insurance Program (NFIP) provides flood insurance for properties located within the 100-year floodplain designated by the Federal Emergency Management Agency. Spokane County participates in NFIP pursuant to RCW 86.12.200 and has developed a comprehensive flood control management plan exceeding the minimum requirements for participation in the national flood insurance program adopted by the Department of Ecology pursuant to RCW 86.16.031, as well as rules adopted by the Department of Ecology (RCW 86.26.050) relating to flood plain management activities. Approximately 80 residential structures and four non-residential structures are located within flood hazard areas identified in Spokane Valley. Existing flood insurance policies will be continued under the umbrella of Spokane County NFIP participation during the one-year period prior to the City's acceptance into the program. The proposed ordinance meets the requirements for official action required for participation in NFIP. The standards for both residential and non-residential construction are a minimum of one foot above base flood elevation (BFE)as has been required by Spokane County. The minimum elevation for manufactured housing, however require that the bottom of the crawl space be elevated one foot or more above BFE. The proposed ordinance also provides that an engineering study be conducted in certain areas to demonstrate no impact to the ability of the floodplain to infiltrate, store and release floodwaters. These areas include Chester Creek: downstream of Mohawk Road, Saltese Creek: all areas of ponding and infiltration; Forker: south of the intersection of Forker Road and Progress Road; Central Park: west of Park Road; and Glenrose: west of Carnahan Road and south of 8th Ave. On December 4, 2003, Planning Commission questioned the proposed requirement for a performance bond. Staff researched the matter and has deleted this provision. Enforcement of the provisions is better effected through changing procedural requirements to secure elevation certificates as part of the building permitting process. RECOMMENDED ACTION OR MOTION: Approval. BUDGET/FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Marina Sukup, AICP—Community Development Director ATTACHMENTS: Proposed Ordinance- updated DRAFT ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING ARTICLE V SPECIAL ZONES AND PROVIDING FOR FLOOD DAMAGE PREVENTION IN CONFORMANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM; DESIGNATING A FLOODPLAIN ADMINISTRATOR; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON-COMPLIANCE; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS,the Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health,safety,and general welfare of its citizenry; and WHEREAS, flood hazard areas are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affects the public health,safety,and general welfare;and WHEREAS, the regulation of construction within flood hazard areas assists in maintaining a stable tax base, ensures that potential purchasers of real property have notice of flood hazard conditions, and provides for the availability of flood insurance to the owners of real property;and WHEREAS,management of floodplain hazard areas is authorized pursuant to RCW 86.12.210; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Article V of the Spokane Valley Development Code is hereby established to read as follows: Section 5.01. Purpose In order to limit flood damages and associated losses,the City provides for the following: (1) Restricting or prohibiting uses which are dangerous to health,safety,and property due to water or erosion hazards,or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers which help accommodate or channel flood waters; (4) Controlling filling,grading, dredging, and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. Ordinance re Flood Insurance Page 1 of 15 DRAFT Section 5.02 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "APPEAL" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. "AREA OF SHALLOW FLOODING"means a designated AO, or AH Zone on the Flood Insurance Rate Map(FIRM)and which has the following characteristics: (1) The base flood depths range from one to three feet; (2) A clearly defined channel does not exist; (3) The path of flooding is unpredictable and indeterminate;and, (4) Velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. "AREA OF SPECIAL FLOOD HAZARD"means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. "BASE FLOOD"means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the"100-year flood." Designation on maps always includes the letters A or V. "BASEMENT" means any area of the building having its floor sub-grade (below ground level) on all sides. "BREAKAWAY WALL" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "CRITICAL FACILITY"means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. "DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. "ELEVATED BUILDING"means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls,shear walls,post,piers,pilings,or columns. "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION"means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. "EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION"means the preparation of additional sites by the construction of facilities for servicing the lots on which the P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 2 of 15 DRAFT manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "FLOOD"or"FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "FLOOD INSURANCE RATE MAP (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure,usable solely for parking of vehicles,building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance found at Section 5.06.8.1(2). "MANUFACTURED HOME"means a structure,transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term"manufactured home"does not include a"recreational vehicle." "MANUFACTURED HOME PARK OR SUBDIVISION"means a parcel(or contiguous parcels)of land divided into two or more manufactured home lots for rent or sale. "NEW CONSTRUCTION"means structures for which the"start of construction"commenced on or after the effective date of this ordinance. "NEW MANUFACTURED HOME PARK OR SUBDIVISION" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)is completed on or after the effective date of adopted floodplain management regulations. "RECREATIONAL VEHICLE"means a vehicle which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck;and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,camping,travel,or seasonal use. "START OF CONSTRUCTION" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 3 of 15 DRAFT improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building,whether or not that alteration affects the external dimensions of the building. "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "SUBSTANTIAL DAMAGE" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) Before the improvement or repair is started;or (2) If the structure has been damaged and is being restored,before the damage occurred. For the purposes of this definition"substantial improvement"is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not,however,include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions,or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "VARIANCE"means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "WATER DEPENDENT" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Section 5.03 5.03.01 APPLICABILITY This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Spokane Valley, Washington. 5.03.02 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study Spokane County" dated May 17, 1988, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 4 of 15 DRAFT are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at the office of the Spokane Valley Floodplain Administrator. 5.03.03 STOP WORK ORDERS Whenever any work is being done contrary to the provisions of this chapter,the Floodplain Administrator may order the work stopped by notice in writing directed to the owner of record and/or taxpayer and/or to those persons who are engaged in causing or contributing to such violation. Such persons shall forthwith stop or shall cause to be stopped any such work until authorized to proceed. 5.03.04 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Intentional violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions,stop work orders,and safeguards established in connection with conditions),shall constitute a misdemeanor, with each day of continuing violation constituting a separate offense. Any person who intentionally violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation,and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Spokane Valley from taking such other lawful action, including seeking civil penalties, as is necessary to prevent or remedy any violation. SECTION 5.03.05 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap,whichever imposes the more stringent restrictions shall prevail. 5.03.06 INTERPRETATION In the interpretation and application of this ordinance,all provisions shall be: (1)Considered as minimum requirements; (2)Liberally construed in favor of the governing body;and, (3)Deemed neither to limit nor repeal any other powers granted under State statutes. 5.03.07 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Spokane Valley, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION 5.04. ADMINISTRATION 5.04.01 DEVELOPMENT PERMIT REQUIRED A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 5.03.2. The permit shall be for all structures including manufactured homes, as set forth in the "DEFINITIONS," and for all development including fill and other activities,also as set forth in the"DEFINITIONS." 5.04.02 APPLICATION FOR DEVELOPMENT PERMIT P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 5 of 15 DRAFT Application for a development permit shall be made on forms furnished by the City and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities,and the location of the foregoing. Specifically,the following information is required: (1)Elevation in relation to mean sea level,of the lowest floor(including basement)of all structures; (2)Elevation in relation to mean sea level to which any structure has been flood-proofed; (3)Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Section 5.06.8.2;and (4)Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 5.04.03 DESIGNATION OF THE LOCAL ADMINISTRATOR The Community Development Director is hereby designated as Floodplain Administrator and appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 5.04.04 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Floodplain Administrator shall include,but not be limited to: 5.04.04.1 PERMIT REVIEW (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal,State,or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.06.10 are met. 5.04.04.2 USE OF OTHER BASE FLOOD DATA(In A and V Zones) When base flood elevation data has not been provided (A and V Zones) in accordance with Section 5.03.02, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.06.8, SPECIFIC STANDARDS,and 5.06.10 FLOODWAYS. 5.04.04.3 INFORMATION TO BE OBTAINED AND MAINTAINED (1) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in Section 5.04.4.2, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved flood-proofed structures where base flood elevation data is provided through the Flood Insurance Study,FIRM,or as required in Section 5.04.4.2: (i) Obtain and record the elevation(in relation to mean sea level)to which the structure was flood-proofed and (ii) Maintain the flood-proofing certifications required in Section 5.04.2(3). (iii)Maintain for public inspection all records pertaining to the provisions of this ordinance. P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 6 of 15 DRAFT 5.04.04.4 ALTERATION OF WATERCOURSES (1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. a.iA 5.04.04.5 INTERPRETATION OF FIRM BOUNDARIES �.M rQi ` Lam°` . r"""‘tA '%'' /u2 1(0`"- -119 Make interpretations where needed, as to exact-locatiOn of the boundaries of the areas of special flood hazards (for example, where there appearsbe a conflict between a mapped boundary and actual field conditions). The person contesting the iocation of the boundary shall be given a reasonable opportunity to appeals crnreta n-al=pr aided in Section 5.05. 5.05 VARIANCE PROCEDURE 5.05.01 (1) The duly appointed Hearing Examiner shall hear and decide requests for variances from the requirements of this section pursuant to the procedural requirements of Section 2.02 of this Code, as adopted or hereafter amended, following notice of not less than fifteen (15) days and public hearing. In passing upon such applications,the Hearing Examiner shall consider all technical evaluations,all relevant factors,standards specified in other sections of this ordinance,and: (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger to life and property due to flooding or erosion damage; (iii)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv)The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront location,where applicable; (vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration,rate of rise, and sediment transport of the flood waters and the effects of wave action,if applicable,expected at the site;and, (xi)The costs of providing governmental services during and after flood conditions,including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems,and streets and bridges. P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 7 of 15/� DRAFT (2) Upon consideration of the factors and the purposes of this ordinance, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (3) The City shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (4) The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an appeal filed timely pursuant to Chapter 36.70C RCW. 5.05.2 Conditions for Variances (1) Generally,the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items(i-xi)in Section 5.05.1 have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (2)Variances may be issued for the reconstruction,rehabilitation,or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard,to afford relief. (5)Variances shall only be issued upon: (i) A showing of good and sufficient cause,pursuant to Section 5.05(1)of this chapter; (ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants,economic or financial circumstances. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 5.05.2(1), and otherwise complies with Sections 5.06.2,5.06.4,and 5.06.5 of the GENERAL STANDARDS. (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 8 of 15 DRAFT 5.05.03 APPEALS The duly appointed Hearing Examiner shall hear and decide appeals pursuant to Section 2.02 of this code, as adopted or as hereafter amended.following notice of not less than fifteen(15)days and public hearing. The Hearing Examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an appeal filed timely pursuant to Chapter 36.70C RCW. SECTION 5.06.PROVISIONS FOR FLOOD HAZARD REDUCTION 5.06.01 GENERAL STANDARDS In all areas of special flood hazards,the following standards are required: 5.06.02 ANCHORING (1) All new construction and substantial improvements shall be anchored to prevent flotation,collapse,or lateral movement of the structure. (2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 5.06.03 AH ZONE DRAINAGE Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. 5.06.04 CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5.06.05 UTILITIES (1)All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; (2)The proposed water well shall be located on high ground that is not in the floodway(WAC 173- 160-171); (3)New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;and, P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 9 of 15 DRAFT (4)Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.06.06 SUBDIVISION AND OTHER PROPOSED DEVELOPMENTS (1)All development proposals shall be consistent with the need to minimize flood damage; (2)All subdivision proposals shall have public utilities and facilities,such as sewer,gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; (3)All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by a civil engineer licensed in the state of Washington for subdivision proposals and other proposed developments. 5.06.07 REVIEW OF BUILDING PERMITS Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source (Section 5.04.4.2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is the Floodplain Administrator's judgment and includes, but is not limited to use of historical data, high water marks, photographs of past flooding, etc., where available. The Floodplain Administrator may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface. Failure to elevate at least two feet above the highest adjacent natural ground surface in these zones may result in higher insurance rates. 5.06.08 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH, and AE) as set forth in Section 5.03.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, or Section 5.04.4.2, Use of Other Base Flood Data, the following provisions are required: 5.06.08.1 RESIDENTIAL CONSTRUCTION (1)New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. See Section 5.06.4 for additional requirements. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a professional engineer or architect licensed in the state of Washington or must meet or exceed the following minimum criteria: (i)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens,louvers,or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 5.06.08.2 NON RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation;or,together with attendant utility and sanitary facilities,shall: P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 10 of 15 DRAFT (1) Be flood-proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (3) Be certified by a professional engineer or architect licensed in the state of Washington that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design,specifications and plans. (4) Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor. (5) Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g. a building flood-proofed to the base flood level will be rated as one foot below). 5.06.08.3 MANUFACTURED HOMES (1) All manufactured homes to be placed on substantially improved sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision,or (iv)In an existing manufactured home park or subdivision on which a manufactured home has incurred"substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. See also Section 5.06.4 for additional requirements. (2) Manufactured homes to be placed on substantially improved sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions shall be elevated so that either: (i) The bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation,or (ii)The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse,and lateral movement. 5.06.08.4 RECREATIONAL VEHICLES Recreational vehicles placed on sites are required to either: (i)Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions;or (iii) Meet the requirements of 5.06.8.3 above and the elevation and anchoring requirements for manufactured homes. P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 11 of 15 DRAFT 5.06.09 BEFORE REGULATORY FLOODWAY (1) In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM,unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (2) In the unnumbered A and B zones,the development may not increase the water surface elevation of the base flood by more than one(1)foot at any point. (3) In the A zones where base flood elevations have been provided, but floodways have not been established,the development may not increase the surface water elevation of the base flood by more than one-tenth(1/10th)of a foot at any point. (4) In the A zones where base flood elevations have been provided and floodways have been established, the development may not increase the surface water elevation of the base flood at any point. (5) All adjacent or other property owners impacted by the development within the floodplain must give their written,notarized approval for increased base flood elevations upon their property. 5.06.10 FLOODWAYS Located within areas of special flood hazard established in Section 5.03.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris,potential projectiles,and erosion potential,the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or(B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent. (3)If Section 5.06.10(1)is satisfied,all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.06.PROVISIONS FOR FLOOD HAZARD REDUCTION. 5.06.11. Water-Dependent Works. For water-dependent utilities and other installations which by their very nature must be in the flood fringe and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestic/industrial water supply, flood control and/or hydroelectric production; water diversion structures and facilities for water supply, irrigation, and/or fisheries enhancement; flood water and drainage pumping plants and P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 12 of 15 DRAFT facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices), these provisions apply: (1) The applicant shall supply convincing evidence that a flood fringe and/or floodway location is necessary in view of the objectives of the proposal and provided further that the proposal is consistent with other provisions of this title and relevant local,state and federal regulations. (2) In all instances of locating utilities and other installations in floodway locations, project design must incorporate flood-proofing certified by a professional civil engineer registered as such by the State of Washington to be capable of withstanding 100-year flood flows and velocities. (3) For any works that impound water,the applicant shall provide documentation of easements, flowage rights or ownership of the impoundment area and certification by a professional civil engineer registered as such by the State of Washington that the works will cause no increase in the 100-year flood elevation outside the impoundment areas and that the works and associated impoundment area will not impair the ability of natural drainageways to drain floodwaters adequately during a flooding event. 5.06.12 STANDARDS FOR SHALLOW FLOODING AREAS(AO ZONES) Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist,or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas,the following provisions apply: (1) New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community's FIRM (at least three feet above the highest adjacent grade to the structure if no depth number is specified). (2) New construction and substantial improvements of nonresidential structures within AO zones shall either: (i) Have the lowest floor(including basement)elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least three feet if no depth number is specified);or (ii)Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in subsection(3)of Section 5.06.8.2. (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (4)Recreational vehicles placed on sites within AO Zones on the community's FIRM either: (i)Be on the site for fewer than 180 consecutive days, (ii)Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions;or (iii)Meet the requirements of 5.06.11(1) and 5.06.11(3) above and the anchoring P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 13 of 15 DRAFT requirements for manufactured homes(Section 5.06.2(2)). 5.06.13. SPECIAL REQUIREMENTS — CHESTER CREEK, SALTESE CREEK, FORKER, AND CENTRAL PARK FLOODPLAINS. In addition to the other requirements of this chapter, the following areas shall not be covered by impervious surfaces or fill unless an engineering study is prepared by a professional civil engineer, registered as such by the state of Washington, that shows no impact to the ability of the floodplain to infiltrate,store and release floodwaters: (1) Chester Creek:downstream of Mohawk Road, (2) Saltese Creek:all areas of ponding and infiltration, (3) Forker: south of the intersection of Forker Road and Progress Road, (4) Central Park:west of Park Road. (5) Glenrose:west of Carnahan Road and south of 8`''Ave 5.06.14 CRITICAL FACILITIES Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area(SFHA)(100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500- year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible." Section 2. Appendix "B" of the Spokane Valley Development Code is established to assess fees for Floodplain Development Permits by resolution of City Council. Section 3. Severability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. Section 4. Effective date. This ordinance shall be in full force and effect five(5)days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. Approved by the City Council this day of ,2004. Michael DeVleming,Mayor ATTEST: Christine Bainbridge,City Clerk P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 14 of 15 DRAFT Approved as to form: Cary P.Driskell,Deputy City Attorney Date of publication: Effective date: P:\Community Development\Current Planning\Development Standards\Article V Floodplain.doc Page 15 of 15 CH2M HILL 9 South Washington Street Suite 400 Spokane,WA 99201-3709 CH2M H I LL Tel 509.747.2000 +Aat Fax 509.623.1622 January 22,2004 City of Spokane Valley Planning Commission 11707 E.Sprague Ave. Spokane Valley,WA 99206 Subject: Proposed Flood Hazard Ordinance Dear:Planning Commission Members I serve as chair of the American Council of Engineering Companies of Washington(ACEC Washington)Spokane Area Liaison Committee.This committee is comprised of a number of consulting engineering firms with offices in the greater Spokane area providing technical expertise in civil,electrical,environmental,geotechnical,structural,transportation,and a variety of other disciplines. The purpose of this letter is to provide comments,on behalf of our membership,regarding the City of Spokane Valley's draft flood hazard ordinance. In general,we consider this to be a good ordinance. It appears to exceed the National Flood Insurance Program(NFU')requirements stipulated in Section 60.3 of 44 CFR,and thus would be creditable under the NFIP's Community Rating System(CRS)program. We understand NFIP policyholders in CRS participating communities can receive policy premium discounts ranging from 5 percent to 45 percent. However,we do have specific concerns with some provisions of the draft ordinance as described below. We are concerned about language throughout the draft ordinance that requires professional engineers to"certify"or provide"certification." Generally,any time an engineer provides a certification it implies a warranty or guarantee. Most professional liability insurance policies do not provide insurance protection when an engineer provides a warranty or guarantee.We doubt that it is the intent of the City of Spokane Valley to cause engineering professionals to practice outside of the protection of normal professional liability insurance coverage. In many cases changing the term"certified by a professional engineer"to "stamped by a professional engineer"will adequately address this concern. When an engineer"stamps"his or her work it indicates that the work he or she did to arrive at conclusions and recommendations,or on which a design was based,was completed in accordance with the standard of practice in the engineering industry in the region in which the professional work was completed. To provide a"guarantee"for anything more than that,in terms of flood elevation determination and design to mitigate flooding,is not sensible. The science related to evaluating what areas will and will not flood is not exact and there are many variables that influence flood elevations. It is unreasonable to expect that an engineer can provide a guarantee that will be valid over the long term. /lC 0-e,"...-) ea tat, LOA_ 024._ 1/ z-(o Y. Planning Commission Page 2 January 22,2004 Some sections of the draft ordinance may require rewording to state a specific technical requirement and then state that requirement that the work to be prepared and stamped by a professional engineer to address our concern. For example,Section 5.06.11(2)of the draft ordinance states: "...project design must incorporate flood-proofing certified by a professional civil engineer... to be capable of withstanding 100-year flood flows and velocities. " This could be revised to read: "...project design must incorporate flood-proofing to withstand 100-year flood flows and velocities,and be prepared[and stamped]by a registered professional engineer." [Note:the "and stamped"is optional because state law(RCW 18.43.070)already requires professional engineers to stamp their work products. Although the differences between these two versions may be subtle,in our opinion such revisions would satisfy the City's needs and avoid certification language that is unacceptable to the professional engineering community. On another topic,Section 5.06.08.2(1)is very confusing in the way it reads"...below one foot or more above..." We would suggest addition of the term"Flood Protection Elevation" in the definition section of the ordinance and define that new term as:"one foot above the base flood elevation." Then,in all portions of the ordinance where the elevation criteria is stipulated,they refer to:"elevate or flood-proof to the flood protection elevation". It just reads a lot easier that way and eliminates any points of possible contention. Also,it is our understanding that FEMA is encouraging communities to protect utilities [(Section 5.06.04(3)]to the freeboard elevation, i.e,one foot above base flood elevation they stipulate for the elevation standard. This eliminates any possible chances of the elevation of these facilities dropping below base flood elevation. This is not required by 44 CFR,but is strongly recommended.ince it will impact insurance rotes. Thank you for the opportunity to provide comments. If you have questions or concerns please contact me at(509)747-2000,ext.241. Sincerely, CH2M HILL { i \ Jim gfield,P.E.- Chair,ACEC Washington Spokane Area I iaison Committee Cc:Liaison Committee Members CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 22, 2004 Item: Check all that apply: 0 consent ❑ old business ❑new business ® public hearing 0 information ❑admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Amendment to Chapter 14.804—Signage Standards— Interim Spokane Valley Zoning Code. GOVERNING LEGISLATION: Spokane Valley Interim Zoning Code APPLICANT: Doug Heyamoto, AIA, Northwest Architectural Co., P.S., representing Valley Hospital and Medical Center. PREVIOUS COMMISSION ACTION TAKEN: None BACKGROUND: The Applicant requests an amendment to allow greater flexibility in size and location of signage for hospitals located in the Urban Residential-22 (UR-22)Zone as shown in Attachment 1. Application documents were forwarded to the Commission for the January 8, 2004 study session. STAFF ANALYSIS: Community Development Staff agrees that sign regulations for hospitals in the UR-22 Zones are too restrictive. The Planning Commission should consider whether other public uses in the UR-22 Zone should also be allowed greater flexibility. Schools, police stations and fire stations are all public uses that arguably should be treated similarly to hospitals. Therefore, Staff recommends not separating hospitals from other public uses in the UR-22 zone with regard to sign regulations, as proposed by the Applicant. Wall Signs Wall sign regulations for school/public uses in the UR-22 zone are very restrictive. Staff supports the request to allow wall signs as permitted in all commercial and industrial zones. Proposed regulations would allow schools and other public uses, included hospitals, wall signs not exceeding 25% of the total wall area, or a maximum of 250 square feet, whichever is smaller (on every wall). Freestanding Signs The Applicant requests the same freestanding sign regulations as allowed in B-2 and B-3 Commercial Zones. This change would allow hospitals in UR-22 zones a 30 foot tall, 200 square foot sign (with over 100-feet of street frontage). Current regulations allow hospitals in the UR-22 zone a 32 square foot sign at a 15 foot maximum height. Monument signs under 7 feet in height can be 60 square feet. Incidental signs, which are signs 4 square feet and smaller, do not require a sign permit. Staff does not support changing freestanding sign regulations for hospitals in the UR-22 Zone. Hospitals are large structures and easily identifiable, particularly so if the proposed wall sign standards are approved. Current freestanding sign regulations, coupled with the proposed wall standards, provide sufficient signage for hospitals in the UR-22 zone. Zoning Code Criteria—Text Amendments The Planning Commission must find the requested text amendment consistent with at least one of the following criteria, as set forth in Section 14.402.020 of the interim Zoning Code: 1. Such amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare; 2. Change in economic, technological, or land use conditions has occurred to warrant modification to this Code; 3. It is found that an amendment is necessary to correct an error in this Code; 4. It is found that an amendment is necessary to clarify the meaning or intent of this Code; 5. It is found that an amendment is necessary to provide for a use(s)that was not previously addressed by the Code; or 6. Those amendments as deemed necessary by the Commission and/or Board as being in the public interest. The interim Comprehensive Plan states that"an attractive urban landscape is an asset to the community". Goal UL.5 encourages "an esthetically pleasing urban environment". Policy UL.5.5 specifically calls for sign standards that"protect views and minimize signage clutter while still allowing adequate business signage". The requested text amendment, with suggested revisions, is consistent with the interim Comprehensive Plan regarding urban aesthetics and signage. Further, it is in the public's interest to allow for more flexible wall sign standards for public uses in the UR-22 zone. Staffs recommendation is shown in Attachment 2. RECOMMENDED ACTION: Recommend approval of Staff proposal to City Council. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Scott Kuhta ATTACHMENTS: 1. Proposed Zoning Code Amendment—Chapter 14.804.070, .080 2. Staff recommended Zoning Code Amendment—Chapter 14.804.070, .080 DRAFT Applicant's proposed additions/deletions are in DRAFT Strikethrough/Underline format and highlighted a. Location of the sign shall be approved by the Division prior to installation; b. The sign shall not exceed forty(40)square feet in area;and c. The top of the sign shall not exceed ten(10)feet above grade of the lot or parcel on which the sign is located. The sign shall be removed prior to final building inspections. However,no such sign shall be maintained for a period in excess of twelve(12)months without approval from the Division. The Division may extend the one(1)year time period upon written request of the owners/developers of the project. 6. Real Estate Sign: a. Residential/Agricultural use or property—Temporary on-premises sign(s)advertising the sale, lease or rental of the building,property or premises,one(1)per frontage road. Such sign(s) shall be unlighted,limited in size to five(5)square feet and limited in height to five(5)feet above grade. A thirty-two(32)square foot sign is allowed on agricultural property of twenty (20)acres or more,with or without a dwelling on site. b. Commercial/Industrial use or property—One(1)temporary on-premises sign advertising the sale,lease or rental of the building,property or premises. Such sign shall be unlighted, limited in size to thirty-two(32)square feet and limited in height to ten(10)feet above grade. c. Open house/directional sign—For(a)and(b)above,an open house/directional sign(s)shall be allowed on each access street(to the property).Such sign(s)shall not be placed in such a manner as to interfere with vehicular or pedestrian traffic,shall be used when the property is actually open for immediate inspection,shall be unlighted,and shall be limited in size to five (5)square feet and limited in height to three(3)feet above grade. 7. Electronically Changeable Message Sign: a. Electronically changeable message signs shall be permitted in Business(B-2 and B-3)and Industrial(I-2 and I-3)zones in accordance with the standards of Sections 14.804.080 through 14.804.160 and their definition. 14.804.070 Sign Standards in Agricultural and Residential Zones(EA,GA,RS and RR-10,RC, UR,R-5 through UR-22)Zones Sign structures are permitted in the agricultural and residential zones in accordance with the following uses and standards: 1. A nameplate,which indicates no more than the name and address of the occupant of the premises,is permitted,provided that such sign shall not exceed a maximum area of five(5) square feet and a maximum height of four(4)feet above grade. 2. A freestanding or wall sign identifying a community residential facility,family day-care home, child day-care center in a residence,nursery school,or similar institution is permitted,provided that such sign shall not exceed a maximum area of five(5)square feet,a maximum height of four (4)feet above grade and is unlighted. 3. Permitted Signs by Use a. The following categories of uses are defined to apply to signage standards provided in Tables 1 and 2 below: i. Residential/Semi-Public uses include a church,public park,multiple-family dwelling, dormitory,fraternity,sorority,nursing home,retirement apartment,public building, child day-care center,family day-care provider,nonprofit community hall or lodge, animal clinic,cemetery or sanitarium. ii. School/Public uses include a school(kindergarten through university),hospital,police station,fire station,post office or public golf course,incinerator,solid waste recycling transfer site,or landfills. Chapter 14.804 Zoning Code Printed: March 2002 Page 804-4 of Spokane County DRAFT Applicant's proposed additions/deletions are in DRAFT Strikethr-ough/Underline format and highlighted iii. Office uses include a business or professional office. iv. Commercial Use/Other shall include commercial uses other than those listed in"i" through"iii"above and other than home industry or home profession. b. On-Premises wall signs are permitted,not to exceed the maximum number and size as shown in Table 1. Wall signs shall be unlighted or have low-intensity lighting,and shall be placed flat against the outside wall of the main building. i. Hospital uses in UR-22 Zones shall be allowed to conform with wall signage standards as permitted in all commercial B-1,B-2,B-3 Zones,and all Industrial I-2,I-3,Zones under Section 14.804.080. Table 1-Wall Signs-Agricultural and Residential Zones(EA,GA,RS and RR-10,RC,UR,R-5 through UR-22)Zones Use per 14.804.070(3) Maximum Number Maximum Sign Area of Signs Residential/Semi-Public 1 20 sq.ft. Schools/Public Use 1 32 sq.ft. Office 1* 32 sq.ft.** Commercial Uses,Other 1 20 sq.ft. *Multiple office complexes shall be allowed one wall sign per building. **An office building containing multiple offices shall be allowed a 60 sq.ft. maximum sign area. c. On-Premises freestanding signs are permitted,not to exceed the maximum number,size,and height as shown in Table 2. On-Premises freestanding signs shall be unlighted or have low- intensity lighting. i. Hospital uses in UR-22 Zones shall be allowed to conform with freestanding sign standards as permitted in all commercial B-2,B-3 Zones under Section 14.804.80. Table 2-Freestanding Signs-Agricultural and Residential Zones(EA,GA,RS and RR-10,RC,UR,R-5 through UR-22)Zones Use per 14.804.070(3) Maximum Maximum Maximum Number Sign Area Sign Height of Signs Residential/Semi-Public 1 16 sq.ft. 6 feet Schools/Public Use 1 32 sq.ft* 15 feet Office 1 32 sq.ft* 15 feet Commercial Uses,Other 1 32 sq.ft.* 15 feet *Maximum sign area may be increased to 60 sq.ft.for monument signs seven(7) feet or less in height. 4. Multiple Arterials Chapter 14.804 Zoning Code Printed: March 2002 Page 804-5 of Spokane County DRAFT Applicant's proposed additions/deletions are in DRAFT Strikethrough/Underline format and highlighted In the event the use or group of uses is adjacent to more than one arterial(including through and corner lots),they will be allowed a freestanding sign(s)exclusively oriented to the additional arterial(s).The above allowance shall be calculated independently,using only the additional arterial(s)frontage.However,in no instance shall the square footage allowance from one arterial be transferred to the other(s). 14.804.080 Sign Standards for Business and Industrial(B-1,B-2,B-3,I-2 and I-3)Zones Any sign,which pertains only to the identification of a permitted use in the B-1,B-2,B-3,I-2 and I-3 zones and is located entirely on the property with the use or business,is permitted,provided that it complies with the following standards. 1. Wall Signs-Individual and Multiple Businesses Wall signs are permitted on each wall of a building provided the wall sign does not exceed twenty-five percent(25%)of the total area of the wall or a maximum area of 250 square feet, whichever provides the smaller area."False fronts"and mansard roofs shall not be included when calculating the total area of the wall. 2. Freestanding Signs(pole or monument design)-Individual Business One(1)on-premises freestanding sign is permitted. Signs shall not exceed the area and height limits as provided in Table 3.Businesses with multiple frontages may be allowed additional signage per 14.804.080(5). Table 3-Standards for on-premises sign for individual business Maximum Area Maximum Area Zone Maximum Height 5100'street frontage >100'street frontage B-1 50 ft2 50 ft2 20 feet B-2/B-3 100 ft2 200 ft2 30 feet I-2/I-3 40ft2 80 ft2 20 feet 3. Freestanding Signs(pole or monument design)-Multiple Businesses a. Freestanding on-premises sign(s)for multiple businesses are permitted,not to exceed the number,area and height limits as provided in Table 4. b. Freestanding signage allowed for an individual business under 14.804.080(2)shall not be combined with the signage allowed for multiple businesses under 14.804.080(3). c. The minimum separation between signs shall be 500 feet,as measured from the center of the sign. d. One(1)of the signs allowed under table 4,may be increased to a maximum height of forty (40)feet above grade and a maximum area of 250 square feet,provided the parcel is contiguous with Interstate 90 and the underlying zoning is Community Business(B-2)or Regional Business(B-3). Table 4-Standards for on-premises signs for multi-31e businesses Zone Maximum number of signs Maximum Area Maximum Height B-1 1 100 ft2 20 feet B-2/B-3 1 per 500 feet of street frontage* 200 ft2 30 feet I-2/I-3 1 per 500 feet of street frontage* 80 ft2 20 feet *One(1)freestanding sign is permitted on parcels with less than 500'of lineal street frontage. Chapter 14.804 Zoning Code Printed: March 2002 Page 804-6 of Spokane County DRAFT Applicant's proposed additions/deletions are in DRAFT Striketh-reugh/Underline format and highlighted Multiple business parcel B-2 and B-3 zones 200 J?signs with minimum 500' spacing I�-- 500' -'I ILiI cul arterial 1000' Figure 1-Example of allowed signage on a parcel with 1000 feet of frontage. Multiple business parcel B-2 and B-3 zones 2001?signs with minimum 500' spacing Imo— 500' — 1.I arterial 1000' Figure 2-Example of allowed signage on a parcel with dual frontage. 4. Incentive to Substitute Height Restricted Monument Sign(s)for Freestanding Sign(s) a. Monument signs,not to exceed seven(7)feet in height,may substitute for individual and multiple business signs under 14.804.080(2 and 3)with maximum sign number(s)and area(s) as provided in Tables 5 and 6. There is no minimum separation requirement between signs. Table 5-Standards for on-premises monument signs for individual businesses Zone Maximum number of signs Maximum area/each sign B-1 1 75 ft2 B-2/B-3 2 90 ft2 I-2/1-3 2 90 ft2 Table 6-Standards for on-premises monument signs for multiple businesses Zone Maximum number of signs Maximum area/each sign B-1 2 75 ft2 B-2/B-3 2 per 500 feet of street frontage* 90 ft2 1-2/1-3 2 per 500 feet of street frontage* 90 ft2 *Two(2)freestanding signs are permitted on parcels with less than 500'of lineal street frontage. Chapter 14.804 Zoning Code Printed: March 2002 Page 804-7 of Spokane County DRAFT Applicant's proposed additions/deletions are in DRAFT Str-iket# +gh/Underline format and highlighted Multiple business parcel B-2 and B-3 zones Monument sign incentive using 90 ft2 signs o Q Q 1000' 1. arterial Figure 3-Example of allowed signage using the incentive for monument signs. 5. Multiple Arterials In the event the use or group of uses is adjacent to more than one arterial(including through and corner lots),they will be allowed a freestanding sign(s)exclusively oriented to the additional arterial(s).The above allowance shall be calculated independently,using only the additional arterial(s)frontage.However,in no instance shall the square footage allowance from one arterial be transferred to the other(s). 6. Entrance Sign for Industrial Park or Planned Industrial Area An industrial park or planned industrial area may have one(1)entrance/identification monument sign not to exceed 150 ft2 in area and 7 feet in height above grade. 14.804.085 Modification To Sign Standards(B-1,B-2,B-3,I-2 and I-3)Zones For shopping centers,industrial parks,mixed use developments,and hotel conference centers;the Director may approve a comprehensive sign plan that deviates from the provisions set forth in section 14.804.080 above,provided the following standards and conditions are met: 1. The development exceeds the following minimum square foot floor area requirements: a. 250,000 ft2 for a shopping center or hotel conference center. b. 250,000 ft2 of commercial/industrial floor space for a mixed use development. c. 300,000 ft2 for an industrial park. 2. The applicant shall submit a sign plan that includes the size,location,height,lighting, construction materials and orientation of all proposed signs in addition to any other information deemed necessary by the staff. 3. The sign plan shall conform to the following standards: a. Signage shall conform to the standards of section 14.804.080;except that a maximum of three (3)of the allowed signs under 14.804.080 may be allowed an increase of 20%in sign height and area over the maximum allowed in the underlying zone. b. The cumulative sign area of all signs,including 3a above,shall not exceed the maximum that would be allowed under 14.804.080. c. The maximum number of signs shall not exceed the maximum that would be allowed under 14.804.080. 4. The sign plan shall be consistent with the Spokane County Comprehensive Plan and the purpose and intent of this chapter,as determined by the Director. Chapter 14.804 Zoning Code Printed: March 2002 Page 804-8 of Spokane County DRAFT Staffs proposed additions/deletions are in DRAFT Strikethrough/Underline format and highlighted a. Location of the sign shall be approved by the Division prior to installation; b. The sign shall not exceed forty(40)square feet in area;and c. The top of the sign shall not exceed ten(10)feet above grade of the lot or parcel on which the sign is located. The sign shall be removed prior to final building inspections. However,no such sign shall be maintained for a period in excess of twelve(12)months without approval from the Division. The Division may extend the one(1)year time period upon written request of the owners/developers of the project. 6. Real Estate Sign: a. Residential/Agricultural use or property-Temporary on-premises sign(s)advertising the sale, lease or rental of the building,property or premises,one(1)per frontage road. Such sign(s) shall be unlighted,limited in size to five(5)square feet and limited in height to five(5)feet above grade. A thirty-two(32)square foot sign is allowed on agricultural property of twenty (20)acres or more,with or without a dwelling on site. b. Commercial/Industrial use or property-One(1)temporary on-premises sign advertising the sale,lease or rental of the building,property or premises. Such sign shall be unlighted, limited in size to thirty-two(32)square feet and limited in height to ten(10)feet above grade. c. Open house/directional sign-For(a)and(b)above,an open house/directional sign(s)shall be allowed on each access street(to the property).Such sign(s)shall not be placed in such a manner as to interfere with vehicular or pedestrian traffic,shall be used when the property is actually open for immediate inspection,shall be unlighted,and shall be limited in size to five (5)square feet and limited in height to three(3)feet above grade. 7. Electronically Changeable Message Sign: a. Electronically changeable message signs shall be permitted in Business(B-2 and B-3)and Industrial(1-2 and I-3)zones in accordance with the standards of Sections 14.804.080 through 14.804.160 and their definition. 14.804.070 Sign Standards in Agricultural and Residential Zones(EA,GA,RS and RR-10,RC, UR,R-5 through UR-22)Zones Sign structures are permitted in the agricultural and residential zones in accordance with the following uses and standards: 1. A nameplate,which indicates no more than the name and address of the occupant of the premises,is permitted,provided that such sign shall not exceed a maximum area of five(5) square feet and a maximum height of four(4)feet above grade. 2. A freestanding or wall sign identifying a community residential facility,family day-care home, child day-care center in a residence,nursery school,or similar institution is permitted,provided that such sign shall not exceed a maximum area of five(5)square feet,a maximum height of four (4)feet above grade and is unlighted. 3. Permitted Signs by Use a. The following categories of uses are defined to apply to signage standards provided in Tables 1 and 2 below: i. Residential/Semi-Public uses include a church,public park,multiple-family dwelling, dormitory,fraternity,sorority,nursing home,retirement apartment,public building, child day-care center,family day-care provider,nonprofit community hall or lodge, animal clinic,cemetery or sanitarium. ii. School/Public uses include a school(kindergarten through university),hospital,police station,fire station,post office or public golf course,incinerator,solid waste recycling transfer site,or landfills. Chapter 14.804 Zoning Code Printed: March 2002 Page 804-4 of Spokane County DRAFT Staffs proposed additions/deletions are in DRAFT Strikethrough/Underline format and highlighted iii. Office uses include a business or professional office. iv. Commercial Use/Other shall include commercial uses other than those listed in"i" through"iii"above and other than home industry or home profession. b. On-Premises wall signs are permitted,not to exceed the maximum number and size as shown in Table 1. Wall signs shall be unlighted or have low-intensity lighting,and shall be placed flat against the outside wall of the main building. i. Schools/Public Uses in UR-22 Zones shall be subject to wall signage standards as permitted in all commercial and industrial zones as specified in Section 14.804.080. Table 1-Wall Signs-Agricultural and Residential Zones(EA,GA,RS and RR-10,RC,UR,R-5 through UR-22)Zones Use per 14.804.070(3) Maximum Number Maximum Sign Area of Signs Residential/Semi-Public 1 20 sq.ft. 1 32 sq.ft. Schools/Public Use See Section 14.804.080 See Section 14.04.080 Office 1* 32 sq.ft.** Commercial Uses,Other 1 20 sq.ft. *Multiple office complexes shall be allowed one wall sign per building. **An office building containing multiple offices shall be allowed a 60 sq.ft. maximum sign area. c. On-Premises freestanding signs are permitted,not to exceed the maximum number,size,and height as shown in Table 2. On-Premises freestanding signs shall be unlighted or have low- intensity lighting. Table 2-Freestanding Signs-Agricultural and Residential Zones(EA,GA,RS and RR-10,RC,UR,R-5 through UR-22)Zones Use per 14.804.070(3) Maximum Maximum Maximum Number Sign Area Sign Height of Signs Residential/Semi-Public 1 16 sq.ft. 6 feet Schools/Public Use 1 32 sq.ft.* 15 feet Office 1 32 sq.ft* 15 feet Commercial Uses,Other 1 32 sq.ft.* 15 feet *Maximum sign area may be increased to 60 sq.ft.for monument signs seven(7) feet or less in height. 4. Multiple Arterials In the event the use or group of uses is adjacent to more than one arterial(including through and corner lots),they will be allowed a freestanding sign(s)exclusively oriented to the additional Chapter 14.804 Zoning Code Printed: March 2002 Page 804-5 of Spokane County DRAFT Staffs proposed additions/deletions are in DRAFT Stril gh/Underline format and highlighted arterial(s).The above allowance shall be calculated independently,using only the additional arterial(s)frontage.However,in no instance shall the square footage allowance from one arterial be transferred to the other(s). 14.804.080 Sign Standards for Business and Industrial(B-1,B-2,B-3,I-2 and I-3)Zones Any sign,which pertains only to the identification of a permitted use in the B-1,B-2,B-3,I-2 and I-3 zones and is located entirely on the property with the use or business,is permitted,provided that it complies with the following standards. 1. Wall Signs-Individual and Multiple Businesses Wall signs are permitted on each wall of a building provided the wall sign does not exceed twenty-five percent(25%)of the total area of the wall or a maximum area of 250 square feet, whichever provides the smaller area."False fronts"and mansard roofs shall not be included when calculating the total area of the wall. 2. Freestanding Signs(pole or monument design)-Individual Business One(1)on-premises freestanding sign is permitted. Signs shall not exceed the area and height limits as provided in Table 3.Businesses with multiple frontages may be allowed additional signage per 14.804.080(5). Table 3-Standards for on-premises sign for individual business Maximum Area Maximum Area Zone Maximum Height 5100'street frontage >100'street frontage B-1 50 ft2 50 ft2 20 feet B-2/B-3 100 ft2 200 ft2 30 feet I-2/I-3 40ft2 80 ft2 20 feet 3. Freestanding Signs(pole or monument design)-Multiple Businesses a. Freestanding on-premises sign(s)for multiple businesses are permitted,not to exceed the number,area and height limits as provided in Table 4. b. Freestanding signage allowed for an individual business under 14.804.080(2)shall not be combined with the signage allowed for multiple businesses under 14.804.080(3). c. The minimum separation between signs shall be 500 feet,as measured from the center of the sign. d. One(1)of the signs allowed under table 4,may be increased to a maximum height of forty (40)feet above grade and a maximum area of 250 square feet,provided the parcel is contiguous with Interstate 90 and the underlying zoning is Community Business (B-2)or Regional Business(B-3). Table 4-Standards for on-premises signs for multi-ble businesses Zone Maximum number of signs Maximum Area Maximum Height B-1 1 100 ft2 20 feet B-2/B-3 1 per 500 feet of street frontage* 200 ft2 30 feet I-2/I-3 1 per 500 feet of street frontage* 80 ft2 20 feet *One(1)freestanding sign is permitted on parcels with less than 500' of lineal street frontage. Chapter 14.804 Zoning Code Printed: March 2002 Page 804-6 of Spokane County DRAFT Staff's proposed additions/deletions are in DRAFT Strikethrough/Underline format and highlighted Multiple business parcel B-2 and B-3 zones 2001?signs with minimum 500' spacing 500' LI arterial 1000' Figure 1-Example of allowed signage on a parcel with 1000 feet of frontage. Multiple business parcel B-2 and B-3 zones I t 200112 signs with minimum 500' —� spacing _ -4- k-- r 500' —►I lug IuI arterial 1000' Figure 2-Example of allowed signage on a parcel with dual frontage. 4. Incentive to Substitute Height Restricted Monument Sign(s)for Freestanding Sign(s) a. Monument signs,not to exceed seven(7)feet in height,may substitute for individual and multiple business signs under 14.804.080(2 and 3)with maximum sign number(s)and area(s) as provided in Tables 5 and 6. There is no minimum separation requirement between signs. Table 5-Standards for on-premises monument signs for individual businesses Zone Maximum number of signs Maximum area/each sign B-1 1 75 ft2 B-2/B-3 2 90 ft2 1-2/1-3 2 90 ft2 Table 6-Standards for on-premises monument signs for multiple businesses Zone Maximum number of signs Maximum area/each sign B-1 2 75 ft2 B-2/B-3 2 per 500 feet of street frontage* 90 ft2 I-2/1-3 2 per 500 feet of street frontage* 90 ft2 *Two(2)freestanding signs are permitted on parcels with less than 500'of lineal street frontage. Chapter 14.804 Zoning Code Printed: March 2002 Page 804-7 of Spokane County DRAFT Staffs proposed additions/deletions are in DRAFT Strikethrough/Underline format and highlighted Multiple business parcel B-2 and B-3 zones Monument sign incentive using 90 ft2 signs o Q Q 0 1000' arterial Figure 3-Example of allowed signage using the incentive for monument signs. 5. Multiple Arterials In the event the use or group of uses is adjacent to more than one arterial(including through and corner lots),they will be allowed a freestanding sign(s)exclusively oriented to the additional arterial(s).The above allowance shall be calculated independently,using only the additional arterial(s)frontage.However,in no instance shall the square footage allowance from one arterial be transferred to the other(s). 6. Entrance Sign for Industrial Park or Planned Industrial Area An industrial park or planned industrial area may have one(1)entrance/identification monument sign not to exceed 150 ft2 in area and 7 feet in height above grade. 14.804.085 Modification To Sign Standards(B-1,B-2,B-3,I-2 and I-3)Zones For shopping centers,industrial parks,mixed use developments,and hotel conference centers;the Director may approve a comprehensive sign plan that deviates from the provisions set forth in section 14.804.080 above,provided the following standards and conditions are met 1. The development exceeds the following minimum square foot floor area requirements: a. 250,000 ft2 for a shopping center or hotel conference center. b. 250,000 ft2 of commercial/industrial floor space for a mixed use development. c. 300,000 ft2 for an industrial park. 2. The applicant shall submit a sign plan that includes the size,location,height,lighting, construction materials and orientation of all proposed signs in addition to any other information deemed necessary by the staff. 3. The sign plan shall conform to the following standards: a. Signage shall conform to the standards of section 14.804.080;except that a maximum of three (3)of the allowed signs under 14.804.080 may be allowed an increase of 20%in sign height and area over the maximum allowed in the underlying zone. b. The cumulative sign area of all signs,including 3a above,shall not exceed the maximum that would be allowed under 14.804.080. c. The maximum number of signs shall not exceed the maximum that would be allowed under 14.804.080. 4. The sign plan shall be consistent with the Spokane County Comprehensive Plan and the purpose and intent of this chapter,as determined by the Director. Chapter 14.804 Zoning Code Printed: March 2002 Page 804-8 of Spokane County e4e„- , . , __ %fr Z . / • ;// -/ .> Ga_e_L-ZZ ,Ze.Y/17; • ; .z.-CLI-g7e-8.--e. / / • } / • , ')ze_e_e_; .L7<- w _ (iy / / T l� .A1`` 1 'T.:..2_- =._ : �r I*- it-� -1 /,. r.. 0 m� LI — qv.� Altarri .., EuuE v t rl 't"train' Vin.r4-171'S'ET CA.t e..:-V. O.-m ".d.��abl3�? E, S Winliffl Northwest Elevation e* —.y y 13 1y- 11 lr . Ai n 1 � C))) /�p-(tP- 70-571A--, l/�—t P� ¢_ , t x East Elevation Y,(} - .. .. �3� - II N _f I . wry, _ c� r 1 South Elevation ..:44N, 4. 0 0 -,,,,. ..... ,,, WAWA*da 1116W/MIMOSSIMMUNIO IMISONS fiCIAKA 2 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: City Manager Sign-off: Item: Check all that apply: ❑consent 0 old business IM new business ®public hearing 0 information ❑admin.report ❑ pending legislation AGENDA ITEM TITLE : Article III City of Spokane Valley Uniform Development Code City of Spokane Valley Building Code GOVERNING LEGISLATION: SHB 1734 RCW 19.27 State Building Code WAC 51-50-007 Exceptions PREVIOUS COUNCIL ACTION TAKEN: City of Spokane Valley Ordinance #40 City of Spokane Valley Ordinance #41 City of Spokane Valley Ordinance #42 City of Spokane Valley Ordinance #43 BACKGROUND: Washington statute requires all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington. Although local jurisdictions may amend those referenced codes to address special local conditions, the intent is to have the same rules for construction across the state. Over the last six years building codes have undergone a huge change. Prior to 2000 there were three major building code writing/enforcement organizations— ICBO, SBCCI and BOCA. Although many of the provisions of the individual codes were the same and many of the provisions were similar, many of the provisions of the different codes were at odds with their sister codes across the country. This created very expensive conflicts when a designer or contractor began to become more global in their business. The result was a combination of the three model code groups into one group, the International Code Council, or ICC. The ICC promulgated the International family of codes, and Washington chose those codes as the basis of the new State Building Code in SHB 1734 and RCW 19.27. The exceptions to the International Codes are the 2003 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and the National Electrical Code, published by the National Fire Protection Association. In addition to the referenced codes, Washington previously developed an energy conservation code and a code for the elimination of physical barriers to promote accessibility. The Washington State Energy Code is a stand alone code while the accessibility provisions reside as a state amendment to the International Building Code. Although there are substantial changes in the International Codes from the previous Uniform Codes, those changes are no more difficult to understand than changes typically presented every three years as the methods or materials of construction changed and a new code was adopted. One of the more useful codes that evolved from the development of the International Codes is the International Residential Code. This code gives all the rules for building a one or two family dwelling in one book, rather than having all the code books to sort through to determine the rules for construction. It was meant to simplify the process. The Washington Association of Building Officials passed resolution 2003-02 that, in part, promotes the local adoption of the International Codes and Uniform Plumbing Code with as few local amendments as possible. The Building Division has followed that direction and is offering a very simple adoption ordinance for approval. The five pages of the proposed ordinance replace four ordinances. This RCA is informational. The first public hearing is scheduled in front of the Planning Commission on 22 January 2004. After their review the ordinance will be before Council during the first Study Session in February. With Councils advice, subsequent readings will be scheduled in the near term. OPTIONS: None. The enforcement of a state wide building code is mandated by statute. RECOMMENDED ACTION OR MOTION: Planning Commission Public Hearing and approval for submittal to City Council. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Spokane Valley Building Official Scholtens Attachment: Draft Ordinance Article III Spokane Valley Uniform Development Code/Spokane Valley Building Code ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING ARTICLE III OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE RELATING TO BUILDING CODES; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON-COMPLIANCE; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Washington statutes require all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington;and WHEREAS, Washington established the 2003 International Codes, promulgated by the International Code Council (ICC), as the basis of the new State Building Code pursuant to SHB 1734 and RCW 19.27. The exceptions to the International Codes are the 2003 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and the National Electrical Code,published by the National Fire Protection Association. WHEREAS, Washington previously developed an energy conservation code and a code for the elimination of physical barriers to promote accessibility;and WHEREAS,the Washington State Energy Code is a stand alone code while the accessibility provisions reside as a state amendment to the International Building Code;and WHEREAS,the Washington Association of Building Officials passed resolution 2003- 02 that, in part,promotes the local adoption of the International Codes and Uniform Plumbing Code with as few local amendments as possible; NOW, THEREFORE,the City Council of the City of Spokane Valley, Washington,do ordain as follows: Section 1. Article III of the Spokane Valley Development Code is hereby established to read as follows: ARTICLE III SPOKANE VALLEY BUILDING CODE Section 3.01. Adoption of Referenced Codes. The City of Spokane Valley hereby adopts the following codes,as amended by the Washington State Building Code Council pursuant to RCW 19.27.074 for the purpose of establishing rules and regulations for the construction,alteration,removal,demolition,equipment,use and occupancy,location and maintenance of buildings and structures,including permits and penalties: 1. a).The 2003 International Building Code published by the International Code Council, Inc.(IBC). The following Appendix is specifically adopted: Appendix H,Signs. Appendix I,Patio Covers. b).The 2003 International Residential Code published by the International Code Council,Inc. (IRC)The following Appendices are specifically adopted: Appendix A(IFGC),Sizing and Capacities of Gas Piping. Appendix B(IFGC),Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use and Type B Vents. Appendix C,Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems. Appendix F,Radon Control Methods. Appendix H,Patio Covers. Appendix J,Existing Buildings and Structures. 2. The 2003 International Mechanical Code published by the International Code Council,Inc. (IMC)except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases)and ANSI Z223.1/NFPA 54(National Fuel Gas Code). 3. The 2003 International Fire Code,published by the International Code Council,Inc.(IFC), including those standards of the National Fire Protection Association specifically referenced in the International Fire Code:PROVIDED,That,notwithstanding any wording in this code,participants in religious ceremonies shall not be precluded from carrying hand-held candles. The following Appendices are specifically adopted: Appendix B,Fire Flow for Buildings. Appendix C,Fire Hydrant Locations and Distribution. Appendix D.Fire Apparatus Access Roads. Appendix E,Hazard Categories. Appendix F,Hazard Ranking. Appendix G,Cryogenic Fluids-Weight and Volume Equivalents. 4. Except as provided in RCW 19.27.170,the 2003 Uniform Plumbing Code(UPC)and Uniform Plumbing Code Standards,published by the International Association of Plumbing and Mechanical Officials:PROVIDED,that any provisions of such code affecting sewers or fuel gas piping are not adopted;and The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160. In case of conflict among the codes enumerated in subsections 1,2,3,and 4.of this section,the first named code shall govern over those following. 5. The 2003 International Fuel Gas Code as published by the International Code Council,Inc.(IFC). 6. The 2001,Second Edition,Washington State Energy Code Chapter 51-11 WAC. 7. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials,Whittier California. 8. The 2003 International Property Maintenance Code as published by the International Code Council,Inc. Section 3.02. General Requirements for all Referenced Codes: Section 3.02.01 Conflict between Codes. Whenever there is a conflict between a referenced code and the General Requirements contained in Section 3.02. of this code,the General Requirements shall apply. Section 3.02.02 Reserved. Section 3.02.03 Design Requirements: Ground Wind Seismic Frost Winter Ice Flood Air Mean Snow Speed Design Weathering line Termites Decay Design Shield Freeze Annual Load* (Gust) Category depth Temp Underlay Hazards Index Temp 39 Slight to None to 2003 Ibs/ft2 85 mph C Severe 24" Moderate slight 2° Yes 1992 1232 47.2° FIRM *Minimum roof snow load to be 30 lbs/ft2 in the City of Spokane Valley. Section 3.02.04 Professional Preparation of Plans. The City of Spokane Valley shall require a Washington licensed design professional, licensed under the provisions of RCW 18.08 , WAC 308-12 or RCW 18.43 to prepare or oversee the preparation of plans for any building or structure containing five or more residential dwelling units or doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement,alteration,or repairs of or to a building of any occupancy over four thousand square feet of construction. Section 3.02.05 Construction Plans.All submitted construction documents must be of sufficient detail to show the entire project with emphasis on the following: • Structural integrity • Life safety • Architectural barriers(ADA handicap compliance) • Compliance with all codes having jurisdiction • Scope of work • Deferred Submittal Schedule In general,the amount of detail required will vary,depending on the nature and complexity of the project. Section 3.02.06 Permits. Section 3.02.06.1 Ownership. The ownership of a Spokane Valley Development Permit inure to the property owner. The Permit Applicant is,by definition,an agent of the property owner if not the property owner. Section 3.02.06.2 Expiration of Permits. All permits shall expire by limitation and be declared void if a) work is not started within 180 days of obtaining a permit,or b)work is abandoned for 180 days or more after beginning work, or c) after two years from the date of permit issuance, regardless of whether the work is finished. If a permit is expired for time,a new permit may be obtained for%2 the permit fee for the value of the remainder of the work to finish the original permit. Section 3.02.07 Referenced Codes. All referenced codes are available for review at the City of Spokane Valley Permit Center. Section 3.02.08 Fees. All Spokane Valley Permit fees shall be established by a City of Spokane Valley Resolution and may be found in Appendix B,Schedule C of the Spokane Valley Uniform Development Code. Section 3.02.08.1 Investigation Fees:Work without a Permit. a. Investigation.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. b. Fee.An investigation fee,in addition to the permit fee,shall be collected whether or not a permit is then or subsequently issued.The investigation fee shall be equal to the amount of the permit fee required by this code.The minimum investigation fee shall be the same as the minimum fee set forth in Schedule C.This fee is an additional,punitive fee and shall not apply to any Spokane Valley Grading or Building Permit Fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a Spokane Valley Permit for continued development of that project. If the work done remains illegal for 90 days after service of the Stop Work Order,it shall be considered hazardous. c. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Section 3.02.08.2 Fee Refunds. The building official may authorize the refunding of: 1. 100%of any fee erroneously paid or collected. 2. Up to 80%of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Up to 80%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 refunding of any fee paid except on written application filed by the original permitee not later than 180 days after the date of fee payment. Section 3.02.09. Appeals. All appeals of any Building Official decision,order or determination relative to the application and interpretation of Article III of the Spokane Valley Uniform Development Code shall be made in conformance with the City of Spokane Valley Uniform Development Code Section 1.20.39.B. Section 3.02.10. Floodplain Development. All development within a designated floodplain located in the City of Spokane Valley jurisdiction shall comply with Section 5.01 of the Spokane Valley Uniform Development Code and the construction specifications detailed in the 2003 IRC Section R323 Flood-Resistant Construction as amended. Section 3.02.11. Reserved. Section 3.03 Amendments to the referenced codes. Section 3.03.1 2003 International Building Code. a) Amend Section 105.2 Work exempt from permit.Building: 1.by substituting"200"for "150"in the square feet of floor area exempt from building permits. Section3.03.2 2003 International Residential Code. a) Add Section R 310.1.5 Replacement of Emergency Escape and Rescue Openings. If emergency escape and rescue openings are replaced or renewed,except for glazing replacement or renewal,the opening sizes shall be as required for new construction. b). Amend R323.2.1 Elevation Requirements by rewriting#1.to read: Buildings and structures shall have the lowest floors elevated to or above base flood elevation plus one foot. Also by rewriting#3 to read: Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. c). Add a second paragraph to R323.3.6 Construction documents to read: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. d). Delete Part IV—Energy Conservation in its entirety. e). Delete Part VII-Plumbing in its entirety. References to chapters in Part VII shall be made instead to the appropriate sections of the 2003 Uniform Plumbing Code published by IAPMO. f). Delete Part VIII—Electrical in its entirety. References to chapters in Part VIII shall be made instead to the National Electrical Code published by the NFPA and enforced in Spokane Valley by the state of Washington Department of Labor and Industries. Section 3.03.3 2003 International Mechanical Code-Reserved. Section 3.03.4 2003 International Fire Code-Reserved Section 3.03.5 2003 Uniform Plumbing Code-Reserved Section 3.03.6 2003 International Fuel Gas Code-Reserved. Section 3.03.7 2001 Second Edition,Washington State Energy Code-Reserved. Section 3.03.8 1997 Uniform Code for the Abatement of Dangerous Buildings 3.03.8.1 Section 302 Dangerous Buildings. Add additional definitions of a dangerous building: 19. Drug Properties and Structures. It is hereby declared that any building,structure and/or associated property,identified by the City of Spokane Valley Chief of Police,wherein or upon which the manufacture,distribution,production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public,such building, structure and/or associated property is not only a dangerous property as defined by the City of Spokane Valley but is also a classification of property calling for the special procedures set forth in this section. The Building Official is authorized to abate such dangerous buildings,structures, and/or associated properties in accordance with the dangerous building procedures set forth in this code and Washington statute,RCW 64.44.010,with the following modifications: 19.1. Due to public safety hazard in drug production facilities, the utilities shall be disconnected; 19.2. Building(s) and structures shall be inspected to determine compliance with all city ordinances and codes; 19.3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code; 19.4. No reconnection of utilities or occupancy of the building(s), structures or property shall be allowed until all violations have been successfully addressed,all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriff's office;and 19.5. If dangerous conditions cannot be abated, occupancy shall be prohibited. Resolution of said property shall be in conformance with RCW 35.80A.010,Condemnation of blighted property. 20. Blighted Property. In conformance with RCW 35.80A.010,the City of Spokane Valley may acquire by condemnation,in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW,any property,dwelling,building,or structure which constitutes a blight on the surrounding neighborhood. A"blight on the surrounding neighborhood"is any property,dwelling,building,or structure that meets any two of the following factors: 20.1 If a dwelling,building,or structure exists on the property,the dwelling,building,or structure has not been lawfully occupied for a period of one year or more; 20.2 the property,dwelling,building,or structure constitutes a threat to the public health, safety,or welfare as determined by the executive authority of the City of Spokane Valley or the designee of the executive authority;or 20.3 the property,dwelling,building,or structure is or has been associated with illegal drug activity during the previous twelve months. Prior to such condemnation,the City of Spokane Valley City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight.Condemnation of property,dwellings,buildings,and structures for the purposes described in this chapter is declared to be for a public use. Section 303.9 The 2003 International Property Maintenance Code- Reserved. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. Approved by the City Council this day of ,2004. Michael DeVleming,Mayor ATTEST: Christine Bainbridge,City Clerk Approved as to form: Cary P.Driskell,Deputy City Attorney Date of publication: Effective date: City of Spokane Valley Building Code 22 January 2004 Planning Commission Public Hearing k' City of Spokane Valley Building Code • Mandated by Washington Statute • RCW 19.27 • Options in this ordinance include: . Adoption of three referenced codes • Appendix Chapters . Amendments . Date of Implementation City of Spokane Valley IBuilding Code • Appendix Chapters need to be specifically adopted to work. • Provide guidance dealing with specific code related issue. • Appendix adoption brings clarification to the customer as well as the code inspector in dealing with specific issues. 1 City of Spokane Valley Building Code . . Amendments modify the referenced codes to meet Spokane Valley's requirements. . SVBC 3.02 offer amendments to the administrative portions of all referenced codes . SVBC 3.03 offer amendments to each referenced code. City of Spokane Valley Building Code . IBC amendment increases size of small accessory building exempt from permit. . IRC amendments . Increase escape windows size for older buildings . Establish floodplain elevation requirements City of Spokane Valley 1 Building Code . 2003 International Fire Code • Amend Fire Department access requirements • Amend Appendix Chapter C to allow the Fire Chief to require a fewer number of fire hydrants. V-VAsc,0.9"�,' tib- ✓' gvi 2 City of Spokane Valley Building Code . Abatement of Dangerous Building Code amendments • Drug Properties and Structures • Blighted Property City of Spokane Valley Building Code Automatic Sprinkler Requirements • Current requirements • Any building of 8000 sq ft or larger • Does not consider fire walls or area separations • Does not consider use of building or type of construction • Additions that increase size to 8000+sq ft require sprinkler retrofit. City of Spokane Valley Building Code • 2003 I Code Sprinkler requirement • Follows nationally recognized standards • Considers fire areas and fire separations • Accounts for type of construction and use of building 3 City of Spokane Valley Building Code I. Date of implementation . Five days from date of publication Or: . July 1, 2004 .Washington mandated date of implementation .Would require an additional ordinance to support sprinkler requirement rollback .Date supported by the Spokane Home Builders Association • City of Spokane Valley Building Code . Next Steps • Hold tonight's hearing • Receive guidance from Planning Commission relative to this hearing • Report to City Council in February concerning this hearing provide Council with the final version of the new Spokane Valley Building Code. City of Spokane Valley Building Code . Questions? 4 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING ARTICLE HI OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE RELATING TO BUILDING CODES; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON-COMPLIANCE; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Washington statutes require all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington; and WHEREAS, Washington established the 2003 International Codes, promulgated by the International Code Council (ICC), as the basis of the new State Building Code pursuant to SHB 1734 and RCW 19.27. The exceptions to the International Codes are the 2003 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and the National Electrical Code,published by the National Fire Protection Association. WHEREAS, Washington previously developed an energy conservation code and a code for the elimination of physical barriers to promote accessibility; and WHEREAS,the Washington State Energy Code is a stand alone code while the accessibility provisions reside as a state amendment to the International Building Code; and WHEREAS,the Washington Association of Building Officials passed resolution 2003- 02 that, in part,promotes the local adoption of the International Codes and Uniform Plumbing Code with as few local amendments as possible; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Article III of the Spokane Valley Development Code is hereby established to read as follows: ARTICLE III SPOKANE VALLEY BUILDING CODE Section 3.01. Adoption of Referenced Codes. The City of Spokane Valley hereby adopts the following codes,as amended by the Washington State Building Code Council pursuant to RCW 19.27.074 for the purpose of establishing rules and regulations for the construction,alteration,removal,demolition,equipment,use and occupancy,location and maintenance of buildings and structures,including permits and penalties: 1. a).The 2003 International Building Code published by the International Code Council, Inc.(IBC). The following Appendix is specifically adopted: Appendix H,Signs. Appendix I,Patio Covers. b).The 2003 International Residential Code published by the International Code Council,Inc. (IRC)The following Appendices are specifically adopted: Appendix A(IFGC), Sizing and Capacities of Gas Piping. Appendix B (IFGC), Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use and Type B Vents. Appendix C,Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems. Appendix F,Radon Control Methods. Appendix H,Patio Covers. Appendix J,Existing Buildings and Structures. 2. The 2003 International Mechanical Code published by the International Code Council,Inc. (IMC)except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases)and ANSI Z223.1/NFPA 54(National Fuel Gas Code). 3. The 2003 International Fire Code,published by the International Code Council,Inc.(IFC), including those standards of the National Fire Protection Association specifically referenced in the International Fire Code:PROVIDED,That,notwithstanding any wording in this code,participants in religious ceremonies shall not be precluded from carrying hand-held candles. The following Appendices are specifically adopted: Appendix B,Fire Flow for Buildings. Appendix C,Fire Hydrant Locations and Distribution. Appendix D.Fire Apparatus Access Roads. Appendix E,Hazard Categories. Appendix F,Hazard Ranking. Appendix G,Cryogenic Fluids-Weight and Volume Equivalents. 4. Except as provided in RCW 19.27.170,the 2003 Uniform Plumbing Code(UPC) and Uniform Plumbing Code Standards,published by the International Association of Plumbing and Mechanical Officials:PROVIDED,that any provisions of such code affecting sewers or fuel gas piping are not adopted;and The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160. In case of conflict among the codes enumerated in subsections 1,2,3,and 4.of this section,the first named code shall govern over those following. 5. The 2003 International Fuel Gas Code as published by the International Code Council,Inc.(IFC). 6. The 2001,Second Edition,Washington State Energy Code Chapter 51-11 WAC. 7. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials,Whittier California. 8. The 2003 International Property Maintenance Code as published by the International Code Council,Inc. Section 3.02. General Requirements for all Referenced Codes: Section 3.02.01 Conflict between Codes. Whenever there is a conflict between a Referenced Code in Section 3.01 of this code and the General Requirements contained in Section 3.02. of this code, the General Requirements shall apply. Section 3.02.02 Reserved. Section 3.02.03 Design Requirements: Ground Wind Seismic Frost Winter Ice Air Mean Flood Snow SPeed Design Weathering line Termites Decay Design Shield Freeze Annual Load* (Gust) Category depth Temp Underlay Hazards Index Temp 39 Slight to None to 2003 lbs/11285 mph C Severe 24" Moderate slight 10° Yes 1992 1232 47.2° FIRM *Minimum roof snow load to be 30 lbs/ft2 in the City of Spokane Valley. • Section 3.02.04 Professional Preparation of Plans. The City of Spokane Valley shall require a Washington licensed design professional, licensed under the provisions of RCW 18.08 , WAC 308-12 or RCW 18.43 to prepare or oversee the preparation of plans for any building or structure containing five or more residential dwelling units or doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy over four thousand square feet of construction. Section 3.02.05 Construction Plans.All submitted construction documents must be of sufficient detail to show the entire project with emphasis on the following: • Structural integrity • Life safety • Architectural barriers(ADA handicap compliance) • Compliance with all codes having jurisdiction • Scope of work • Special Inspection requirements and protocols. • Deferred Submittal Schedule In general,the amount of detail required will vary,depending on the nature and complexity of the project. Section 3.02.06 Permits. Section 3.02.06.1 Ownership. The ownership of a Spokane Valley Development Permit inure to the property owner. The Permit Applicant is,by definition, an agent of the property owner if not the property owner. Section 3.02.06.2Expiration of Permits. All permits shall expire by limitation and be declared void if a) work is not started within 180 days of obtaining a permit,or b)work is abandoned for 180 days or more after beginning work, or c) after two years from the date of permit issuance, regardless of whether the work is finished. If a permit is expired for time, a new permit may be obtained for%2 the permit fee for the value of the remainder of the work to finish the original permit. Section 3.02.07 Referenced Codes. All referenced codes are available for review at the City of Spokane Valley Permit Center. Section 3.02.08 Fees. All Spokane Valley Permit fees shall be established by a City of Spokane Valley Resolution and maybe found in Appendix B, Schedule C of the Spokane Valley Uniform Development Code. Section 3.02.08.1 Investigation Fees:Work without a Permit. a. Investigation.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. b. Fee.An investigation fee,in addition to the permit fee,shall be collected whether or not a permit is then or subsequently issued.The investigation fee shall be equal to the amount of the permit fee required by this code.The minimum investigation fee shall be the same as the minimum fee set forth in Schedule C.This fee is an additional,punitive fee and shall not apply to any Spokane Valley Grading or Building Permit Fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a Spokane Valley Permit for continued development of that project. If the work done remains illegal for 90 days after service of the Stop Work Order,it shall be considered hazardous. c. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Section 3.02.08.2Fee Refunds. The building official may authorize the refunding of: 1. 100%of any fee erroneously paid or collected. 2. Up to 80%of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Up to 80%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 refunding of any fee paid except on written application filed by the original permitee not later than 180 days after the date of fee payment. Section 3.02.09. Appeals. All appeals of any Building Official decision,order or determination relative to the application and interpretation of Article III of the Spokane Valley Uniform Development Code shall be made in conformance with the City of Spokane Valley Uniform Development Code Section 1.20.39.B. Section 3.02.10. Floodplain Development. All development within a designated floodplain located in the City of Spokane Valley jurisdiction shall comply with Section 5.01 of the Spokane Valley Uniform Development Code and the construction specifications detailed in the 2003 IRC Section R323 Flood-Resistant Construction as amended. Section 3.02.11. Reserved. Section 3.03 Amendments to the referenced codes. Section 3.03.1 2003 International Building Code. a) Amend Section 105.2 Work exempt from permit.Building: 1.by substituting"200"for "150" in the square feet of floor area exempt from building permits. Section3.03.2 2003 International Residential Code. a) Add Section R 310.1.5 Replacement of Emergency Escape and Rescue Openings. If emergency escape and rescue openings are replaced or renewed,except for glazing replacement or renewal,the opening sizes shall be as required for new construction. b). Amend R323.2.1 Elevation Requirements by rewriting#1.to read: Buildings and structures shall have the lowest floors elevated to or above base flood elevation plus one foot. Also by rewriting#3 to read: Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. c). Add a second paragraph to R323.3.6 Construction documents to read: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. d). Delete Part IV—Energy Conservation in its entirety. e). Delete Part VII-Plumbing in its entirety. References to chapters in Part VII shall be made instead to the appropriate sections of the 2003 Uniform Plumbing Code published by IAPMO. f). Delete Part VIII—Electrical in its entirety. References to chapters in Part VIII shall be made instead to the National Electrical Code published by the NFPA and enforced in Spokane Valley by the state of Washington Department of Labor and Industries. Section 3.03.3 2003 International Mechanical Code-Reserved. Section 3.03.4 2003 International Fire Code Amend Appendix C: Add an Exception after the last paragraph in C105.1 Hydrant spacing. Exception: The fire chief is authorized to reduce the number of required hydrants by up to 50% when the building is equipped with an approved,automatic fire sprinkler system and the fire chief has approved the location of those required fire hydrants. Amend Appendix D: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. Section 3.03.5 2003 Uniform Plumbing Code-Reserved Section 3.03.6 2003 International Fuel Gas Code-Reserved. Section 3.03.7 2001 Second Edition,Washington State Energy Code-Reserved. Section 3.03.8 1997 Uniform Code for the Abatement of Dangerous Buildings 3.03.8.1 Section 302 Dangerous Buildings. Add additional defmitions of a dangerous building: 19. Drug Properties and Structures. It is hereby declared that any building,structure and/or associated property,identified by the City of Spokane Valley Chief of Police,wherein or upon which the manufacture,distribution,production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public,such building, structure and/or associated property is not only a dangerous property as defined by the City of Spokane Valley but is also a classification of property calling for the special procedures set forth in this section. The Building Official is authorized to abate such dangerous buildings,structures, and/or associated properties in accordance with the dangerous building procedures set forth in this code and Washington statute,RCW 64.44.010,with the following modifications: 19.1. Due to public safety hazard in drug production facilities, the utilities shall be disconnected; 19.2. Building(s) and structures shall be inspected to determine compliance with all city ordinances and codes; 19.3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code; 19.4. No reconnection of utilities or occupancy of the building(s), structures or property shall be allowed until all violations have been successfully addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriffs office;and 19.5. If dangerous conditions cannot be abated, occupancy shall be prohibited. Resolution of said property shall be in conformance with RCW 35.80A.010, Condemnation of blighted property. 20. Blighted Property. In conformance with RCW 35.80A.010,the City of Spokane Valley may acquire by condemnation,in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW,any property,dwelling,building,or structure which constitutes a blight on the surrounding neighborhood. A"blight on the surrounding neighborhood"is any property,dwelling,building,or structure that meets any two of the following factors: 20.1 If a dwelling,building,or structure exists on the property,the dwelling,building,or structure has not been lawfully occupied for a period of one year or more; 20.2 the property,dwelling,building,or structure constitutes a threat to the public health, safety,or welfare as determined by the executive authority of the City of Spokane Valley or the designee of the executive authority;or 20.3 the property,dwelling,building,or structure is or has been associated with illegal drug activity during the previous twelve months. Prior to such condemnation,the City of Spokane Valley City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property,dwellings,buildings,and structures for the purposes described in this chapter is declared to be for a public use. Section 303.9 The 2003 International Property Maintenance Code- Reserved. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. Approved by the City Council this day of , 2004. Michael DeVleming,Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to form: Cary P.Driskell,Deputy City Attorney Date of publication: Effective date: April 3, 2003 DON'T ADOPT U E 0CC EMI L DUNG CODES VOTE NO OA HS i734 WHO are we and lRiMY? WHO ARE WE?. . . We are Heating, Ventilation, Air Conditioning, Refrigeration Contractors, Electricians, Plumbers, Sprinkler Fitters, Coffee Roasters, Propane Dealers, Oil Dealers, Restaurant Owners, Inspectors, Firemen, and Restaurant Appliance Companies, National Propane Gas Association, Lobbyists from many Associations, many more company's and citizens of Washington State. (See pages 16-20 attached ) We support the IAMPO/NFPA codes WHY VOTE NO ON HB 1734: 1. With the IAPMO/NFPA all members would have the right to vote on code changes. With ICC, only code officials have the right to vote 2. The cost for the IAPMO/NFPA codebooks is about$200. The cost for all the/CC books & ref. is over$1000. A 56 Million plus cost to Industry in Washington State this year (See pages 15 & 16 attached) 3. IAPMO/NFPA allows you to install unlisted equipment. Ref UMC by IAPMO 304.3. In the ICC code you first have to ask the permission of the ICC code official before you can even do this. Then you have to write strict letter telling why this code is impractical and that your modification are in compliance with intent and purpose of this code and does not lessen health, life, and fire safety requirements. Then pay a testing agency like UL to come and approve it. BIG $$$$$$$$SSSSSS$$$$$$$SS$S$S$SSSSS$SSS$S$$$$$$$$SSS$ Thousands of new jobs across the state will be lost if HB1734 is passed 4. NFPA has Procedures to be followed in Placing Equipment in Operation for an appliance. Ref. NFPA 54-56 Chapter 8. Another huge safety matter for everyone that owns or works on gas appliances. ICC has none 5. The ICC Mechanical book is not user friendly, in 90 pages of text it references 157 times with Italicize print, from 22 different books. These aren't just referenced standards like other mechanical books have for further reference. These are needed to understand the body of the text in the IMC & IFGC. Which makes it nearly impossible to understand for trades people out in the field, let alone carry that many books. Most jobs the IAMPO Mechanical book would do the job alone. Note: in the ICC mechanical book also references some of the NFPA books. (See pages 6 - 10 attached) 6. The New 2003 International Building Code requires new triplexes and larger apartment buildings to have fire sprinklers. No other code requires this. This is a hugh $$$ cost to builders and apartment dwellers. ( See pages 13 - 15 attached ) I have been working in these fields for (26)years. How do I summarize a life's work in a few concise points? Enclosing are other documents and supporters against HB 1734. Larry Andrews G President Andrews Mechanical Incav2ei :j4 ' 1 Andrews Mechanical, Inc. N. 2727 Madelia Spokane, WA. 99207-4945 Phone (509)489-3860 Fax(509)489-6140 April 3, 2003 Dear Senator: Please take time to read the enclosed bundle of information that we are pursuing in the continuing effort to convince the Legislature to adopt the assorted codes that we have been using in this industry since 1974. I know this is lot to ask but this bill will change our industry forever. The codes that I am referring to are the NFPA/IAPMO codes. These codes have been instrumental in assuring that installation of equipment in homes is being done safely. At present there is a movement to adopt ICC codes or HB 1734. The ICC codes are lacking in so many areas of enforcement that it is questionable as to the installation safety. Adhering to the ICC code would seriously undermine safety! The study by the State Building Code Council of the ICC code was greatly flawed. First we studied the 1998 Mechanical Code in hopes of adopting the 2000 Mechanical Code. This didn't make sense to me because we were studying 1998 code when we where planning on adopting the 2000 code. Normally you would wait for the 2000 code to come out so you could study it. But the Technical Advisory Group studied the 1998 code in hopes that the two codes were similar, however they are not. We used out dated books and on the mechanical side we were not allowed to use the three standards that we had been using since 1974 which left and unfair advantage to the ICC side. I asked that these standards be used, but was told that they weren't going to be allowed, and since I was the only person who spoke out I was out voted. Note these are the American National Standards for fuel gas, National Fuel Gas Code NFPA 54 for propane, Liquefied Petroleum Gas Code NFPA 58 for oil, Standard for the Installation of Oil- Burning Equipment NFPA 31. In fact I brought out from the East Coast Theodore C. Lemoff, Principal gases engineer for the American Standards in performance and Installation of Gas Burning Appliances and Related accessories to talk to the Technical Advisory Group or TAG. To this day all manufacturers of equipment tell you to use these Standards in their installation guides, not the ICC. At the time almost all the Mechanical TAG members had already made up their minds that the ICC system was the way to go, even though I showed them in black & white that they were wrong, they voted for the ICC system anyway. I even brought Tom Craig, a Spokane City building plan checker, to show them that they were wrong in print and they still voted for the ICC System. If you fill the room with ICC supporters you get the results that the ICC code is the one to use. But the truth of the matter is this code will cost thousands of jobs and business for the state and cost Outrageous amounts of money providing less safety and give only the government code official the total right to vote for all code changes. Also note that the International Mechanical Code of1998 edition that the TAG members studied didn't have the 154 italicized references in the body of the text from 22 books as does the 2000 International Mechanical Code. I am going to give just one example of what happened in one of the TAG meetings at the Seattle City lighting center. In this TAG meeting John Neff building code official for the city of 2 Lacy, past president of Washington State Building Code Officials and newly appointed to the State Building Code Council in 2003 attended the meeting when the issue came up about unlisted gas equipment. John Neff told how someone had ask to put a piece of unlisted equipment in his district and that the city of Spokane had allowed this equipment to be installed and under no terms would he allow any unlisted equipment in the city of Lacy. I have thought a lot about this since this happened. Let me give some background information on the Unlisted coffee roaster that Thomas Hammer Coffee Company had installed in North Town Mall in Spokane. First it was installed under NFPA Standards which made as safe as your gas furnace in your house or safer because of the chimney requirements needed for this piece of equipment by NFPA. It was built in Germany where most coffee roaster is built like a Mercedes-Benz. By the city of Spokane allowing installation to take place this company started with just two people and now nine years later has grown to over 80 employees working full time. What my fears are with the ICC system and the code official like John Neff, new and existing businesses like Thomas Hammer Coffee Company will not stand a chance in Washington State. My company has been involved with this coffee company which has helped my company grow too. We have done many projects with the Thomas Hammer Coffee Company and hope too in the future with out the ICC code. I have counted five coffee businesses in the Spokane phone book with similar stories. Spokane area has many other businesses other then the Coffee Company's that use unlisted equipment they are in the hundreds. Also, adoption of the ICC codes will require that all the affected trades will have to purchase new code books, which will be expensive in this time of a soft economy. Let's look at this for a second, if the new code books cost $1077.00 estimated, and multiply this figure by how many businesses and municipalities, fire districts, etc that will be affected, we are talking about an Outrageous amount of unnecessary expense that we will be burdened with. Not to mention the deterioration of safety that will result. NFPA will supply FREE codebooks and training for all code officials. The adoption of the ICC codes will result in loss of lobs and employment opportunities in the state due to the restrictions in the International Mechanical Code, which is part of the ICC group of codes. The ICC Mechanical Fuel Gas Codes are not as safe as the IAPMO codes and NFPA 54, which is the National Fuel Gas Code that has been in force in this state since 1974. NFPA 58 which is the LP Gas Code and which the ICC quotes and makes reference to but does not have a propane code and the NFPA 31 National Oil Code which ICC quotes again and again but which they lack a comprehensive Oil Code. Why are ICC codes not as safe? First, they don't have the detail like IAPMO and NFPA does and they don't have setup procedures to place equipment into operation, maintenance leakage testing and emergency procedures for gas leaks and safety inspection. Also, how to measure flow of gas without a meter. Most commercial and industrial places have a master meter and can't shut down without great cost to consumers. NFPA 54 tells how to accomplish this. We, on the east side have had this for years. When talking to people on the west side and they say they don't know about it. It's very important that the gas appliance in not over or under fired for the safety of the owner. Our state and almost every other state abides by the National Electrical Code by NFPA and a large part of the Mechanical Industry and part of our business has to do with the electrical code. As Mechanical people we are required by the state to have electrical licenses in order to do our work. People don't realize that all our equipment needs some type of wiring almost all the time and that's going to be guided by the national electrical code. More and more the Mechanical Industry is being controlled by the electrical side of things. When I first came into this industry most controls were air or mechanically operated. Now it is almost all done 3 electrically. Right now 1 send each of my technicians to a week of classes on equipment each year just to keep them current. In out state the electrical code is the National Code by NFPA. The National Electrical Code is in the family of the NFPA codes and this code will not change in our state. We on the eastern side of the state have been using ICBG 97 mechanical code which is nearly line for line of IAPMO 2000 mechanical and NFPA 54, Fuel Gas Piping. NFPA 58 Propane installations, and NFPA 31 Oil heating installations which have been put into one book called the HVAC Standards Book. This book was developed by Washington Water Power and the HVAC Training Center years ago. If you were to choose the ICC code we will still have to buy the NFPA code being NEC, NFPA 54, NFPA 58, and NFPA 31. Manufacturers quote the NFPA codes in their instructions, not the ICC codes. So we are forced to use the NFPA code anyway. IAPMO and NFPA have training handbooks that explain in great detail the code. Some of these books are National Fuel and Gas Handbook, L.P. Gas Code Handbook and book by NFPA. IAPMO publishes many books and a magazine called "The Official." This magazine has articles dealing with Mechanical and Plumbing code revisions that in great detail teaches you the code. They also show pictures of the items that aren't up to code and shows why. That's why 1 am so enthused about IAPMO and NFPA codes, better safety, less cost, easy to train people because if we can't train people easily, there will be less efficient installations. Our world is complicated enough. At present I have to carry a plumbing, gas, oil, electrical, First class boiler and General Contractors license. All but general contractor has to have a test and time served to get this license. It has taken me 24 years to do this. I also feel that the way the ICC process at final voting in flawed. The ICC group talks about not having one member having undue influence on the code process but they have only select code officials with the final vote on all codes. If this is not undue influence I don't know what is. With IAPMO and NFPA they have a balance of the industries and code officials making the final votes. Now I see why ICC code is the way it is. I have a great respect for inspectors and the permit process. It gives the consumer and the contractor a second look with different eyes, and I believe it to be indispensable. For the contractor and worker the IAPMO and NFPA codes give the mechanic the books and the words and procedures on how to install these systems. One of these examples is enclosed. Without such written instructions and drawings, I don't know how we would build such items right. It also gives special guidelines on how to build or install such systems. So if you have to go to court, you and the consumer have written guidelines on how it should be put in. There has been a lot of talk about standards, which are part of our industry. Standards that we abide by tell the technician what type of pipe, fitting or material we have to use, and we only had to look at the item to determine if that stamp was indicated for that item. But with the ICC code they now have standards for installing not just for items how they are made and approved. These standards require you to purchase further reference materials. 4 It's a lot simpler to have it all in the books that we are required to use than the books and 50 standards that come from many different publications. It's also more cost effective and we will get better compliance of the codes with installation procedures in the book we use. Here are just some of the reasons why I feel so strongly about this: Honored Legislators Mechanical, Electrical and Plumbing Contractors are being asking to consider HB1734 changing over to ICC building, Fuel gas, Mechanical, Electrical, and Plumbing Codes. We aren't in favor of this. Here are just some of the reasons why we feel so strongly about this: 1. With the IAPMO/NFPA all members would have the right to vote on code changes. With ICC, only code officials have the right to vote. This what we would call Communistic system where the people allowed to speak but only the Politburo/CODE OFFICIALS can make the final decision. We feel like second class citizens in this system. To participate in such system would be to indorse it, which turns most our stomach to even think about it. Many in the industry are veterans and believe they earned the right to vote. 2. The cost for the IAPMO/NFPA code books is about$200 The cost for all the ICC books & ref. is over$1000. Why is there such a disparity in the cost? Further info on item 17. 3. IAPMO/NFPA allows you to install unlisted equipment. Ref UMC by IAPMO 304.3. You first have to ask the permission of the ICC code official if you can even do this. Then you have write strict letter telling why this code is impractical and that your modification are in compliance with intent and purpose of this code and does not lessen health, life, and fire safety requirements. Then pay a testing agency like UL to come and approve it. Ref IMC 301.4 & 105.1- 105.4 BIG $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ Thousands of new jobs across the state will be lost if HB1734 is passed The ICC people will tell you that unlisted equipment is unsafe, but put in by NFPA standards this equipment is as or safer then the list equipment. 4. IAPMO/NFPA helps commercial industry with installation of gas equipment ICC is a code for residential & light commercial equipment only as noted just above on item 3. 5. IAPMO/NFPA has provisions for existing conditions, like chimneys. Ref. UMC IAPMO 813 ICC everything has to be brought up to present code. Ref. IMC 801.18.4 , IRC- R1001.16 Huge cost to existing homes, buildings and business. 6. IAPMO/NFPA have all kinds of installation reference tables to help you. ICC has a lot less 7. IAPMO/NFPA has references for multistory venting. Ref UMC IAPMO 801 ICC has multistory venting but you have to enter the mechanical rooms from outside the building. Huge extra cost not needed Ref IMC. 801.19,IFGC Ref 503.6.10.1 5 8. NFPA suggests methods of checking for leakage of gas. Ref. NFPA 54 appendix E Huge safety matter for everyone. ICC has no suggestions. 9. NFPA has optional methods for sizing qas piping for great cost savin_gs. . Ref. NFPA 54 appendix C ICC does not allow any options. 10. NFPA has references for measuring flow of gas through fixed orifices. Cost savings for business. Ref. NFPA 54 Appendix F ICC has none 11. NFPA has suggested emergency procedure for qas leaks. Ref. NFPA Appendix E Huge safety matter for everyone ICC has none 12. NFPA has Procedure to be following to Place Equipment in Operation of an appliance. Ref. NFPA 54-56 Chapter 8. Another huge safety matter for everyone that owns or works on qas appliances. ICC has none. 13. IAPMO/NFPA outlines standards for duct construction. Ref. UMC IAPMO Appendix A at no extra cost to the builder and homeowner. Ref. IMC 603.3 &603.4 over$200.00 for these books published by SMACNA. The SMACNA books are good books but aren't needed for most jobs with IAMPO/NFPA their standards come from the SMACNA books. 14. The ICC Codes limits you in the use of NFPA 58 to only these section 915.1, 915.2, 401.2, 402.5.1,403.6.2, 403.11 IMC page 99 IFGC page112. This is only a very small part of NFPA 58, which the propane industry has used for many years. Most of the safety is missing from the ICC codes that NFPA has now. 15. The ICC Codes limits you in the use of NFPA 31 to only these section 801.2.1, 801.18, 801.18.2,920.2, 922.1,1308.1 /MC page 99. This is only a very small part of NFPA 31, which the oil industry has used for many years. Most of the safety is missing from ICC codes that NFPA 31 has now. 16. The IAPMO mechanical code with NFPA 54 the fuel gases code NFPA 58 the propane code, which ICC doesn't have, and NFPA 31 the oil codes. All NFPA codes stated above are recognized by the AMERICA NATIONAL STANDARD INSTITUTE as the American Standard. The IAMPO/NFPA are a safer codes then ICC for the General public and are less cost to everyone. Ref. IAMPO 304.6, Item 11, 12, NFPA Appendix D All the above are updated regularly and has new technology in them, but only the IAPMO/NFPA code changes are voted by any body that wants to be a member, not just only code officials like the ICC. 17.The ICC Mechanical book is not user friendly, in 90 pages of text it references 157 times with Italicize print, from 22 different books. These aren't just referenced standards like other mechanical books have for further reference. These are needed to understand the body of the text in the IMC & IFGC. Which makes nearly it impossible to understand for trades people out in the field, let alone carry that 6 many books. Most jobs the IAMPO Mechanical book would do the job alone. Note in the ICC mechanical book also references the some of the NFPA books. See further attachments for the pages, ref. and cost. These types of standards are common in both books ref. below. Ref. standards IMC page 95,96,97,98,99,100 Ref. standard IAPMO UMC pages125, 126,127,128,129,130. Number of References & Page Numbers for International Mechanical Code Number of Page Reference In IMC References Books Needed s 1 19 International Energy Conservation Codes "IECC" 2 19 International Fuel Gas Code "IFGC" 3 19 International Code Council Electrical Code "ICCEC" 4 19 International Plumbing Code "IPC' 5 19 International Building Code "IBC" 6 19 IBC 7 20 IBC 8 20 IBC 9 20 IBC 10 20 IBC 11 20 IBC 12 21 IECC 13 21 IBC 14 21 IBC 15 23 ICCEC 16 24 ICCEC 17 25 IBC Masonry Chimneys 18 25 IBC 19 25 International Fire Code "IFC" 20 25 IFC 21 25 ASHRAE Handbook of fundamentals International Energy Conservation Code "IECC" 22 27 IBC 23 27 IBC 24 27 IBC 25 27 IBC 26 27 IBC 27 30 IBC 28 32 IFC 29 33 IFC 30 33 National Fire Protection Association 704 "NFPA704" 31 34 IFC 32 34 NFPA 33 34 IFC 34 34 IFC 35 35 IFC 36 35 IFC 37 35 IFC 38 35 IFC 39 36 IBC 40 36 IFC 7 41 36 IBC 42 36 IBC 43 36 IBC 44 36 IBC 45 36 IFC 46 37 IFC 47 39 IBC 48 40 IBC 49 40 IBC 50 40 IBC 51 41 IBC 52 43 IBC 53 43 IFC 54 43 IFC 55 43 IFC 56 43 IFC 57 44 IFC 58 44 IBC 59 44 IBC 60 45 N F PA69 61 45 IBC 62 46 IPC 63 46 IBC 64 46 IBC 65 46 IBC 66 46 IBC 67 46 IBC 68 46 IBC 69 46 IBC 70 47 IBC 71 47 IBC 72 47 IBC 73 47 IBC 74 49 IBC 75 49 ICCEC 76 49 ICCEC 77 50 IBC 78 50 NFPA72 79 50 ICCEC 80 50 IBC 81 50 NFPA13 82 50 NFPA72 83 50 IFC 84 50 IFC 85 50 IFC 86 50 I F C 87 50 IFC 88 50 IFC 89 50 IFC 90 50 IFC 91 51 ICCEC 92 51 IBC 8 93 51 NFPA82 94 51 IBC 95 52 IBC 96 52 Sheet Metal & Air Conditioning Contractors National Assoc., Inc. "SMACNA" HVAC Duct Construction Standard-Metal and Flexible 97 52 SMACNA Fibrous Glass Duct Construction Standard 98 53 IECC 99 53 IBC 100 53 IECC 101 53 IBC 102 54 IBC 103 54 NFPA72 104 55 IBC 105 55 IBC 106 56 IBC 107 56 IBC 108 56 IBC 109 57 IFGC 110 57 IFGC 111 57 IBC 112 61 IFC 113 61 IBC 114 61 IBC 115 62 IBC 116 67 IFGC 117 67 IBC 118 67 IFGC 119 67 IBC 120 67 IBC 121 68 IBC 122 68 IPC 123 68 IFC 124 68 IBC 125 69 NFPA37 126 69 NFPA37 127 70 NFPA31 128 70 NFPA31 Remove Chapter 10. The State has its' own Boiler Code 129 77 IPC 130 77 IFGC 131 77 ASHRAEI5 132 77 IFGC 133 77 ASHRAE34 134 81 NFPA70 135 81 IBC 136 81 IFC 137 81 ASHRAEI5 138 83 IFC 139 83 IFC 140 84 ASHRAEI5 141 85 IFC 9 142 87 IECC 143 87 IECC 144 87 IPC 145 87 IPC 146 87 IBC 147 89 IFC 148 89 IFC 149 89 NFPA34 150 93 IPC 151 93 IBC 152 93 IBC 153 93 IBC 154 93 IBC COST of Books In 90 pages of text the IMC has a 154 references from 18 different sources. $ 57.05 1 IBC $ 21.75 2 IECC $ 45.00 3 IFGC $ 54.00 4 ICCEC $ 46.55 5 IPC $ 144.00 6 ASHRAE Hand Book of Fundamental $ 35.00 7 ASHRAE15 $ 45.00 8 ASHRAE34 $ 42.75 9 NFPA13 $ 26.75 10 NFPA31 $ 26.75 12 N F PA37 $ 33.25 13 NFPA58 for IFGC $ 26.75 14 NFPA69 $ 42.75 15 N F PA72 $ 26.75 16 NFPA91 $ 26.75 17 NFPA704 $ 106.00 18 SMACNA Fibrous Glass Duct Construction Standards $ 136.00 19 SMACNA HVAC Duct Construction Standard Metal and Flexible Total = $ 942.85 $ 45.00 International Mechanical Code Book $ 47.05 International Residential Code Book $ 42.75 International Fuel Gas Code Book Grand = Total $1,077.65 18. The IAPMO Mechanical Code is safer for people too. NO propane in pits or basements where heavier than air gas can might collect. The ICC doesn't state this. Ref. IAPMO UMC 304.7 From experience in the field when natural gas leaks it rises up and their are natural air changes in the houses so it takes very large leak to cause a rapid 10 expanse of the house or building. Where as propane is, a heavier than air gas and falls to the ground and accumulates from even from the smallest leaks causing the enough fuel for a rapid expansion. The other fact is with propane used in basements & crawl spaces is all lot of people don't go there enough to notice they have a leak thus letting it accumulate to dangerous level. People who don't still believe that there's a problem this, we can give a demonstration of what does happen when propane leaks in a pit. 19. NFPA codes are listed in the manufactures instructions because they are the standards. ICC is not 20.If you want a true International code it's not the ICC it's NFPA and IAPMO they dwarf the ICC in the International Markets. 21.You hear that the ICC has a Residential code for houses which they do but in Chapter 13 of IRC it states that anything not cover in the IRC, the IMC & IFGC is to governor so back to using all there books any way. Ref. IRC M1301.1 22.The ICC states that you can't put Standard water heater or furnace/unit heaters in a toilet room too. No other code states that. They're all over our state. Ref. IFGC-303.3 23. The IFGC states that you can't put a gas drier in a bathroom. IFGC 303.3 Of the new codes out there only the ICC code won't let gas dryers in bathrooms. People not in support of this are the Inland Northwest Heating, Ventilation &Air Conditioning Association & Training center, Heating &Air Conditioning, Electrical and Subject: International residential building code study. After studying the International Residential Building Code in regards to the mechanical section, We feel that it would be a mistake for the citizens of this state to adopt this code for the following reasons. Safety, Cost, needless restrictive requirements and the ability to implement such a code due to all the references required. 1. M1301.1 If the situation is not covered in the IRC manual you are then required to use IMC and the IFGC which requires at a minimum of 154 different references in the body of the text. (See references noted at end of document and note that these are needed to understand the body of the code). 2. M1305.1 Requires a minimum of 30 inches clearance in front of appliances. National standard is 24 inches. This would entail extra expense to comply and is not a minimum. 3. M1401.2 This section is about Access to equipment, what one person thinks is accessible may not be to the next person. This is so excessively vague that it fails to outline any criteria. 4. M14114.4 Insulation of refrigeration piping to be a minimum of R-4 which required 3/4 inch insulation which is NOT a standard in the industry. 3/8 and 1/2 inch is the standards. This would cost at least 20% more and is not readily available. After checking with some of our supplier it's not available to them. 11 5. Chapter 15 and 16, Exhaust Systems. No restrictions are outlined for the terminations of the following, Dryer vents, Kitchen exhaust, Bathroom exhaust .The Code Present and IAPMO codes have restrictions to prevent the return of these gasses to your living area. 6. M1701.3 Volume dampers are prohibited in combustion air openings. This would violate Washington State ventilation code where we are required to install a damper in fresh air and combustion air makeup for prescriptive integrated forced air supply ducts. 7. M2101.7 Prohibited tee applications. This doesn't allow supply fluid to enter through a branch side of a fitting. No other code requires this and could be a detriment to balancing a system. Also we install manual reset high limit on the top of boilers in a tee with the branch feeding the water right off the top of the boiler. Put in this manner allows room for the probe to be installed and a very accurate temperature reading of the boiler supply water is achieved. What about Primary & Secondary Pumping on boiler loop you use these tee's that way all the time or what if you in a tight area there is no room, their no reason to handcuff us this way. 8. M2103.3 and M2105.1 Requirement of Hydronic pipe testing requires a hydrostatic pressure test of 100 PSI for 30 minutes. This is in excess of the current standard of 80 PSI and does not deal with freezing conditions when an air test is required? 9. Chapter 22. And M2201.2 Special piping in oil systems limits oil tanks to 660 gallons, but the American national standard has no such limit. Note in the IRC that 660 gallon tanks can be installed in the second story and above without any containment which is against the American national standard. No emergency procedures are outlined. No test procedures are outlined for tightness. No firematic safety valve is required. No requirements are outlined for abandoning of existing tanks. No detailed instructions are stated to outline setting of tanks and piping. 10. G2408.3 Private garages. If no protection for vehicle impact is provided, equipment has to be mounted 6 feet off the floor. No other code requires 6-foot clearance. Does not address question of"What is added protection". 11. G2406.2 Prohibited locations for gas appliances. Prohibits gas dryers in bathrooms. American National Standard does not prohibit. 12. G2445.2 Prohibited locations for cooking appliances. Commercial cooking appliances are not allowed in a home. Many homes are having commercial cooking appliances installed with proper installation and fire protection codes adhered to. American National Standard does not limit the private homeowner in the way. Note that this is a brief list of many items that are dealt with in this change. We believe adoption of this code would be detrimental to the safe and restrictive practices that the industry adheres to in the present day. Note references: NFPA 58, 54 and 31 as American standards During the Legislative Committee meeting of January 164h, 2002 of H131555, Ted Lemhoff of NFPA offered free current training and free codebooks every year to all code officials of Washington State. Additionally, We support Washington State Plumbers Union in their support for IAPMO codes and believe that the ICC Plumbing Code is not as safe or reliable as the IAPMO Code. 12 In conclusion, I and others believe the different code groups can exist as they have in the past and they will in the future, with the Electrical code being used so much in the industry, I can't believe this family of codes will go away. If the Electrical code can work with all the other codes out there, I can't believe that the other codes, being Mechanical and Plumbing, are unable to work together too. We've done it for years. What's different now? For me and other contractors feel that safety is number one and that starting fromdesign too:.;;, installation into inspection and then into maintenance and leak protection and efficiency for the consumer. All this has to be done at a reasonable cost or people will be unable to afford this. When it goes to print and you're out on the job, cost is not the concern of the inspector. When the check is blank anything can be done. What the true challenge is to give the people what they want and have the safety we would want for our children at a cost that everyone could afford. I and other contractors are telling you that at present the IAPMO 2000 Mechanical Code with NEC, National Electric Code, NFPA 54, Fuel and Gas Code, NFPA 58, Propane Code, and NFPA 31, Oil Heat Code and IAPMO 2000 Plumbing Code do the best right now. As most codes come from bad experiences not what people think. We are the professionals doing the work, listening to people's complaints and having to service the equipment for years after it is installed. Inspectors and engineers aren't called out in the middle of the night to work on equipment or be sure it will operate safely after it is installed. We are. But who does this affect? The consumer. And we have to please them or we will all be out of business. Memorandum To: Contractors,Builders,Installers,Developers, and Tradesmen From: Larry Andrews—President Andrews Mechanical Inc. Date: 04/02/03 Re: New Apartment Fire Sprinkler Requirements for the 2003 IBC! 13 Many of you are aware the state legislature has been under a great deal of political pressure over the past few years to update the state building, fire, mechanical, plumbing and related codes. In addition to operating my small business I have been trying to stay informed and participate in this process in order to protect what I feel is the best interest of those of us who make a living in construction, and installing mechanical systems. In trying to follow all these technical discussions I have spent a considerable amount of my time and money driving back and forth to Olympia, talking to politicians, lobbyist, code officials, bureaucrats, and anybody who would listen about the codes we need to adopt to do our jobs. Personally, I support the state keeping the Uniform Plumbing Code, Uniform Mechanical Code, NFPA 54 National Fuel Gas Code, NFPA 58 Propane Gas Code, NFPA 31 Oil Fire Equipment, and the NFPA 5000 Building Code. With the exception of the NFPA 5000 these codes have been used for years in our industry. Again this year there are a number of bills that have been introduced in the state legislature to adopt new codes. The WA. Building Code Council has again recommended to the state that we adopt the new International Building Code along with many of its companion International Codes. I have been to the state capitol several times in recent weeks to participate in the testimony. What is really disappointing about all this is there seems to be a lot of fancy words, technical jargon, and conflicting statements: but little is said about the real differences between our current codes and how they will change under these new codes. However, this week I was shocked to find how these new codes change the requirements for fire sprinkler systems in apartment buildings! Current Washington Building Code: As I understand it our current Washington Building Code which is based on the 1997 Uniform Building Code allows a residential apartment to be built up to 15 dwelling units and three stories in height without the installation of a fire sprinkler system. NFPA 5000 Building Code: If we compare this to the new 2003 edition of the NFPA 5000 building code being proposed fire sprinklers would be required in all apartment buildings except that sprinklers are not required for any building where exit door open directly to a street or yard at ground level; or units have outside stairs that do not serve more than two dwelling units: or if each unit has direct access to a private stairway of one hour fire construction. International Building Code 2003 edition: Should this code be adopted it would require all apartment buildings regardless of size, number of dwelling units, or number of stories to be equipped with fire sprinklers! (Note apartment building is defined as having three or more dwelling units) I am not against fire sprinklers they are good and do save lives. However, my main point here is we as builders and contractors should be advised of the impact of these codes before they are adopted, and not after the code is already in place. As you know if we are going to bid jobs and estimate cost these factors must be considered. The installation of fire sprinklers in a city may mean a larger water line to the building, a larger water meter, a sprinkler designer and subcontractor etc. However, if an apartment is to be built in a more rural setting it could mean adding long distances of 14 water mains, installing fire hydrants, or when water supply is limited adding a water tank or pond with pumps. , New higher cost for restaurant owners if HB 1734 is passed. Due to cost of new equipment restaurant owners need to purchase used equipment, Restaurant owners are required to keep their equipment clean. But in cleaning their equipment, critical labels are lost that identify its listing. Without these labels, the equipment becomes unlisted equipment and thus would fall under the unlisted equipment requirements that the International Mechanical Code does not allow without going through major hoops and requiring a listing agency to come in and list it. Thus the equipment would be discarded due to cost of having to recertify the equipment. Used restaurant equipment is traded nearly as much as used cars thus keeping the cost to diners down. March 26, 2003 Senator Joyce Mulliken Chairperson, Senate Land Use and Planning Committee Senator, You told me to give the documentation on HB 1734. Here it is. I stated that it would cost $20 million to state businesses but after a day of research I find that it is more like $60 million dollars. Note, that this doesn't include the 17 pages of standards needed for the International Building Codes. In the short time I am able to run my business and get this information right now on the extra cost for these standards but it is at least $56,750.000. This state cannot afford this now unless you what us to go under. Cost to Building Industries of the state are related to state population. My company as an average for the industry: Cost for Books $5,000.00 Book cost based off my company with 4 trucks and one Training 2,400.00 office each has a set of books, cost per set $1077.00 $7,400.00 (Documentation of cost from pages 6 & 10 of document) For training, it would cost $400.00/ea, there are 6 employees Spokane Heating/NC Company (52 Companies x $7,400.00) $384,800.00 Spokane Plumbing companies (50 Companies x $7,400.00) $370,000.00 Spokane Electric companies (89 Companies x $7,400.00) $658,600.00 Spokane Architects/ Engineers (90 Companies x $7,400.00) $660,000.00 Spokane Fire Sprinkler Co. (7 Companies x $7,400.00) $ 51,000.00 Spokane Drywall Companies (Fewer books required and less training) ($1000.00 Books - $200.00 Training) (31 Companies x $1,200.00) $37,200.00 15 Spokane General Contractors (229 Companies x $7,400,00) $1,694,600.00 Total cost of books and training to Spokane $3,857,000.00 Spokane area population _ State population 418,000 - 5,988,000 = (Spokane Pct of Population) .0698% Cost to Spokane Business Cost to state business $3,857,000.00 - X = .0698 X = $55,250,000.00 Note that it would take $920,833,333 of gross sales based on a profit of 6% of gross sales to cover cost of Books in Washington. 6% is a lot better than my company does at present. Fire District#7 said that it will cost $18,000.00 for their district, given .0117 of state population, training and books is a total of$1,500,000.00. That equals a total of$56,750,000.00 cost to business and Fire districts of Washington. Note, this doesn't even cover the cost for the 17 pages of standards needed for the International Building Code. I trust the above comments are helpful to the Land Use & Planning Committee in evaluating the merits of HB 1734. I would strongly urge the committee to not pass this bill. Respectively submitted, Larry Andrews Andrews Mechanical Inc. February 5, 2003 To Whom It May Concern, In the past, our organization has provided a voice for the IAPMO and NFPA set of codes and provided representation at the State Building Code Mechanical Tag level. A decision from the Board of Directors moved our support to a neutral position based on economic factors. Our Association recently held an informational session presented by NFPA, IAPMO, and ICC representatives. Due to a unanimous vote of participating members, the Northwest HVAC Association and its Executive Committee have elected to continue our past support for the NFPA 5000 Building Code, the IAPMO Mechanical, Plumbing, and National Electrical Code/C3 codes. Sincerely, 16 Tena Risley, Executive Director Northwest HVAC Association& Training List of individuals and businesses opposing adoption of ICC Code HB 1734: Name Contact Phone Nick Nap Id. Bldg/Plg/Mech Insp (208) 746-1319 "As an Inspector for 17 years and in the Bldg/Plg/Mech trades prior to inspecting, I am opposed to the ICC codes. Idaho is now using the IBC,IRC,IECC. I do not feel these are the best codes." Tom Craig (509) 625-6138 "As an individual with 25 years under uniform codes and 1 1/2 years under BOCA mechanical. I am not in favor of the ICC Codes as proposed." Fire Control Sprinkler System George (509) 489-1444 General Fire Protection Systems Darnell Sioria (509) 535-4255 Hurilman Heating & Air Conditioning John (509) 891-5110 Divco Rob (509) 534-7225 Holliday Heating & Refrigeration Doc (509) 838-8015 Banner Fuel & Furnace Russ (509) 535-1711 R & R Heating & Air Conditioning Randy (509) 484-1405 Moser Inc. Arliss (509) 747-0950 Spokane Coffee &Appliance Repair Mike (509) 625-4971 Polar Heating & Cooling Ron (509) 926-3200 Swanson's Refrigeration Terry (509) 624-8346 Allied Heating David (509) 928-8252 17 A & M Quality Heating & Elec David & Big Ed (509) 928-2100 Air Design Joe Orr (509) 487-4328 Sturm Heating & Air Conditioning Bill Hanson (509) 325-4505 Atlas Boiler/NBI Dave (509) 535-1300 The Barton Boys Ted (509) 922-5000 Tim's Comfort Plus Tim (509) 534-6558 Johnstone Supply Kevin Davey (509) 533-9884 Black's Industrial Supply Ed (509) 535-1503 Merit Electric Frank (509) 535-3930 Aztec Electric Todd (509) 536-6200 Gady Water Systems Phil (509) 466-7080 McClintock & Turk Doug (509) 535-7641 Alpha Plumbing & Heating Joe (509) 535-0727 Dickerson Pump Bert (509) 534-2671 Ramsey Plumbing & Heating Wendy (509) 482-2775 Three Plumbers Two Larry & Rod (509) 484-6824 United Plumbing Bill (509) 922-5000 Nolan Heating & Air Greg (509) 397-6944 WIT Electric Dennis (509) 893-7561 Piper Plumbing & Heating Bryan (509) 534-6986 Power City Electric Les (509) 456-5839 Rod's Electric Les (509) 535-4636 Spokane Restaurant Equipment MikeCollett (509) 534-5500 Andrews Mechanical Larry (509) 489-3860 M & L Supply CO., Inc. Bill Maxwell (509) 535-4774 Ripley's Plumbing, Inc. Greg (509) 536-2100 18 Northwest Heating, Ventilation d Air Conditioning Association d Training Center Date February 5, 2003 To Whom It May Concern, In the past, our organization has provided a voice for the IAPMO and NFPA set of codes and provided representation at the State Building Code Mechanical Tag level. A decision from the Board of Directors moved our support to a neutral position based on economic factors. Our Association recently held an informational session presented by NFPA, IAPMO, and ICC representatives. Due to a unanimous vote of participating members, the Northwest HVAC Association and its Executive Committee have elected to continue our past support for the NFPA 5000 Building Code, the IAPMO Mechanical, Plumbing, and National Electrical Code/C3 codes. Sincerely, Tena Risley, Executive Director Northwest HVAC Association&Training Center 811 E Sprague Ave#6,Spokane,WA 99202 Phone(509)747-8810 fax(509)747-8845 Page 1 of 1 andrews mechanical inc From: Don Carter<donc@ci.sandpoint.id.us> To: Andrews Mechanical Inc. <aminc@aimcomm.com> Sent: Friday, March 14, 2003 8:56 AM Subject: RE: Don please read the attachments Thank you for the clarifications, it helps explain some things. Although I don't agree on everything you have outlined. As I have been in the industry for 25 years in Idaho as a mechanical inspector and building inspector, I too, don't like change and do agree that the "I" codes are more complicated and don't make sense a lot of times. I would like to see everybody on the same page when it comes to codes where we get a lot of contractors from Washington working in Idaho and probably visa-versa. Also I guess when the other code people (NFPA/IAPMO)will give you the books and training at no cost that does help in today's economy. We in North Idaho don't have much say in what happens in the state, so we have to go along with what ever the "majority"from Boise says. Which ever way the State of Washington goes, I wish you good luck. Also as I stated, if I were to attend the meetings I would be more informed. Thanks again. -----Original Message From: Andrews Mechanical Inc. [mailto:aminc@aimcomm.com] Sent: Thursday, March 13, 2003 9:48 PM To: Don Carter Cc: Andrews Mechanical Inc. Subject: Don please read the attachments Don I hope you will take the time and read this for it has taken months to bring together. The answer to your question starts on page 5 item 17 and ends on page 9 with total of$1077.65 The ICC books are the only code books that in the body of the text are so many references you can not read two pages without getting another book and reading it to understand what to do next. Our company has a set of code books in each truck but their is not room enough for 22 books or do I what to pay for all these books every three years. We have a hard enough time with two or three books. Larry Andrews 509-489-3860 3/31/03 A-C Electric, Inc (509) 575-6402 Dennis Jones Advanced Communication Networks Inc. (509) 747-1526 Chris Duffy Allan Electric, Inc. (509) 582-6770 Tony Edwards ARC Electric&Lighting Corp. (509) 483-2717 Marvin Seal Aztech Electric,Inc. (509) 536-6200 Andy Dahlman Bailey Electric,Inc. (509) 452-1128 Robert Bailey Cheyenne Electric,Inc. (509) 783-2679 Andy Hunt Electric Smith,Inc. (509) 484-6555 Richard Carney Electrical Frontier,Inc. (509) 249-8276 Billy Suave Electro-Service,Inc. (509) 586-1761 John Myers Elite Electric,LLC (509) 998-7145 Kerry Warren Hoydar-Buck (509) 697-8800 Barbara Gray Interwest Technology System (509) 783-2600 Joe King Knobel's Electric,Inc. (509) 452-9157 Clifford Knobel Magnum Electric (509) 783-7411 Greg Galpin Mountain States Electrical Contractors (509) 532-0110 Bruce Farley Patriot Electric,Inc. (509) 838-5727 John Prosser Peterson Electric,Inc. (509) 489-1950 David Peterson Phase 2 Electric,Inc. (509) 543-3549 Michael Money Pick Electric,Inc. (509) 532-1975 Pat Priddy Power City Electric,Inc.-SESCO (509) 535-8500 Bruce Morelan PowerCom (509) 535-5533 Colin Thompson Sesco-Power City Electric,Inc. (509) 547-9525 Jim Longan Sierra Electric,Inc. (509) 542-8682 Mitch Murphy Sun River Electric (509) 627-5400 Glenn Washam TCE Electrical Contractors (509) 452-6777 Ray Getsinger Townsend Controls (509) 542-9949 Andy Townsend Valley Electric Co. (360) 424-6602 Ernie Ward Wilson Construction (509) 374-1455 Frank Raine PLEASE OPPOSE HB 1734 WE DO NOT WANT TO ADOPT A MORE EXPENSIVE, LESS SAFE CODE, AND HAVE TO RETRAIN THE WORKFORCE • McKinstry Corporation, Member of SMACNA • University Mechanical, Member of SMACNA • Shinn Mechanical, Member of SMACNA • Botting Mechanical, Member of SMACNA • Plumbing, Heating and Cooling Contractors of Washington (PHCC) • Cascade Chapter, National Electrical Contractors Association (NECA) • Seattle Area Pipe Trades • Puget Sound Chapter, National Electrical Contractors Association • Tacoma Plumbing and Heating • Cornell Plumbing and Heating, Inc. • United Association of Plumbers and Pipefitters • Mechanical Contractors Association of Western Washington (MCA) • Southwest Washington Chapter, National Electrical Contractors Association • Bouillon Incorporated of Washington and Oregon • Puget Sound Mechanical • National Propane Gas Association • Permagas Incorporated • Inland Empire Chapter, NECA • Mitchell Plumbing Company • At Your Service Plumbing Company • Stack Plumbing Incorporated • National Fire Protection Association • International Association of Plumbing and Mechanical Officials • National Electrical Manufactures Association • Seattle Area Plumbing & Pipefitting Industry of Journeyman & Apprentice Training Committee • Inland Northwest Heating, Cooling and Refrigeration Contractors • Washington State Association of Plumbers and Pipefitters te 1 Codes Summer Shock Waves wo major developments recently sent money. The only way to recoup that money r O shock waves through the codes and is to sell the book. Some UL and NSF stan- , Ate. z standards profession—one in Wash- dards cost in excess of$350 for a standard Q ington, DC; the other in California.At the that may be about 20 pages in length.While , J end of June, the United States Supreme I have grumbled at some of the prices,I rec- Court refused to accept the appeal of ognize that the high cost is the price of co Southern Building Code Congress Interna- doing business. After this ruling, someone N tional vs. Veeck. By refusing to review the could buy one copy of the code, reprint it, f'111, = case, the Supreme Court allowed prece- and sell it at bargain basement prices. , dence to be set in this historic case. This The result of the SBCCI vs.Veeck ruling = new precedence will have a long-term effect may be that book-printing companies start on the way codes and standards writing making money on the codes and standards, organizations conduct business. not the organizations.That certainly doesn't SBCCI vs. Veeck revolved around the seem right to me.If Congress wants the pri- Big changes are on copyright of a model code that is adopted vate sector to develop construction codes by a jurisdiction.All of the codes and stan- and standards, not the Federal government, the way for the dards organizations copyright their docu- they are going to have to provide an incen- ments. This gives them the opportunity to tive for these organizations. With the 1 codes and standards derive income from the sale of codes and Supreme Court decision, the only viable standards. Many of these organizations, recourse is to change the law regarding development process such as ICC, IAPMO, ASTM,ANSI, ASSE copyright protection; otherwise, the codes and ASME, generate a major part of their and standards industry will lose hundreds income from the sale of codes and stan- of thousands of dollars on the sale of their and California's dards. documents. The courts ruled that when a jurisdiction Building Standards adopts a code by reference, that, in effect, California Adoption of NFPA 5000 makes the code law, hence the document The California Building Standards Com- Commission. cannot have a copyright. Prior to this rul- mission voted in July to adopt NFPA 5000, ing, the copyright of model codes and stan- Building Construction and Safety Code, as t dards was considered safe since the codes the new state building code. The vote fol- f and standards were merely referenced by the lows a very public review of both the Inter- enabling legislation. If a code was adopted national Building Code and NFPA 5000. 44 into law,word for word, then it was readily California is the first statewide adoption of j recognized that there would be no copy- NFPA 5000, whereas 48 other states (or right protection. A reference to the code or jurisdictions within the state) have adopted standard was considered the appropriate the ICC International Building Code. ___j protection for the copyright. It was interesting in that the Commis- The ruling in SBCCI vs. Veeck cancels sion's decision came about two weeks after that idea, opening up all of the codes and it was announced that Governor Gray Davis standards for anyone to reprint. To say the would be subject to a recall vote. The com- least, this may be devastating. It could missioners are appointed at the pleasure of , bankrupt many of the codes and standards the governor. Hence, the commissioners' organizations.That would leave the country vote could be considered a part of the recall. with no private outlet for developing regu- If Gray Davis is removed from office,a new r i ' lations for the construction industry. slate of commissioners could follow. There Let's face it, to develop either a code or are already rumblings by those opposed to standard requires a considerable sum of the governor and the adoption of NFPA is 18 PAtNGINEER I' September2003 1 HOME BUILDERS " ASSOCIATION 5813 East 4th Avenue, Suite 201 • Spokane Valley, WA 99212 • (509) 532-4990 • Fax (509) 532-4980 • www.shba.com Written Testimony Concerning the Spokane Valley Building Code Gus Koedding Govt.Affairs Asst., Spokane Home Builders Association Before the Spokane Valley City Council January 21, 2004 Members of the City Council and Spokane Valley Building Official: After review of the proposal to adopt specified appendices of the 2003 International Building Code, the 2003 International Residential Code, the 2003 International Mechanical Code,the 2003 International Fire Code, and the 2003 International Fuel Gas Code there was one specific issue that we saw as possibly having a negative impact on the building industry. Our concern is one of timing. The State has mandated that local jurisdictions adopt the International Codes by July le of 2004. Predictably, the State Legislature's rational for the delay of the new code is to allow local jurisdictions, as well as the building community at large, to educate themselves on the changes prior to the adoption of new policies and procedures. Our contention is simply to encourage the building community to begin to phase in the use of the International Code, but maintain the ability for them to operate under the current guidelines until July le. The Spokane Home Builders Association, Spokane County, and the surrounding jurisdictions have in place a committee called the Spokane Regional Codes Group (SRCG). The group consists of Building Officials, inspectors, and the building industry and was designed and created in an effort for SHBA members and the County and City Building Department Officials could work together to solve problematic building code issues. We believe that the window between now and July ls`gives both building officials and builders time to establish a solid understanding of the new code. The SRCG is currently meeting once a month as Spokane County building officials are making their way through the International Code and educating the industry of changes between the current code and the I- Codes. Until such a time as we are able to sufficiently educate our membership on how to stay within the compliance of the International Code,we would encourage the council to give contractors the opportunity to function under the guidelines currently in place until July IS`of 2004 or to begin to use sections of the International Code to begin to familiarize themselves with those policies and procedures. In summary we request that the City of Spokane Valley: ■ Adopt the International Code and concurrently maintain that contractors may operate under the guidelines of the current code until July 151, 2004 • Allow contractors to operate under the current code until July 1', 2004 • Give contractors the option to operate under the International Codes I look forward to continuing to work with you to make sure that we continue to provide a balance between responsible growth and environmental issues and promote a positive vision and economic outlook for the City of Spokane Valley. Thank you for the opportunity to testify today. I am pleased to respond to any questions the Council may have. Sincerely, 04jk( Gus Koedding Govt. Affairs Asst. Spokane Home Builders Association (509) 532-4990 (509) 532-4980 fax CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 22, 2004 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: INFORMATION ONLY—Street Vacation Ordinance PREVIOUS COMMISSION/COUNCIL ACTION TAKEN: None BACKGROUND: The City Council conducted its first reading of Ordinance No. 04-002 pertaining to standards and procedures for the processing of Street Vacation applications on January 13, 2004, and is scheduled to conduct a second reading of the Ordinance on January 20, 2004. If approved by the City Council at second reading, the Ordinance will most likely take effect prior to the end of January 2004. Street vacation requests involve instances where either a private party or a local government, in certain instances, applies to have public street right-of-way removed from public ownership and operation and returned to private ownership. The State of Washington has established policies regulating how local governments are to conduct the processing of these requests, including the requirement that a public hearing be held. The statute identifies that the local government may delegate the public hearing responsibility to a body established by the local government such as the Planning Commission. The Spokane Valley City Council has previously identified its desire to have the Planning Commission conduct the public hearing for street vacation requests and to forward a recommendation to the City Council for its consideration. Pursuant to the City Council's direction, Section 10 of Ordinance No. 04-002 specifies that the Planning Commission shall conduct the public hearing and shall submit a recommendation to the City Council. In order to provide for consistency in the decision-making processing, Section 10 of Ordinance No. 04-002 also specifies that the Planning Commission shall evaluate street vacation requests based on the same criteria used by the City Council. These criteria are: 1)Whether a change of use or vacation of the street or alley will better serve the public; 2)Whether the street or alley is no longer required for public use or public access; 3) Whether the substitution of a new and different public way would be more useful to the public; 4) Whether conditions may so change in the future as to provide a greater use or need than presently exists; and 5) Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. For your review and information, I am attaching a copy of Ordinance No. 04-002 and copies of RCW 35A.47.020 and RCW 35.79 which contain statutory requirements pertaining to street vacations. There are several pending street vacation applications that have been on hold until the City Council addressed outstanding policy issues pertaining to City procedures for street vacations. If the Council approves Ordinance No. 04-002, staff anticipates that these pending applications will be brought before the Planning Commission in the near future. RECOMMENDATION: Not Applicable. The purpose of this informational briefing is to advise the Planning Commission of pending legislation that will require future direct involvement of the Commission. I will be in attendance at the January 22, 2004 meeting to answer any questions that the Commission might have. STAFF CONTACT: Kevin Snyder, AICP, Current Planning Manager ATTACHME T A - Ordinance No. 04-002 (First Reading on January 13, 2004; Second Reading Scheduled for January 20 , 2004) CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. 04-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON,PROVIDING REGULATIONS FOR THE VACATION OF STREET RIGHTS-OF-WAY. WHEREAS,RCW 35A.47.020 provides statutory authority for cities to vacate public rights-of-way; WHEREAS, RCW 35.79 provides a general procedural framework for cities to vacate public rights-of- way; and WHEREAS,the City would like to have an ordinance that provides specific guidance to its citizens on the procedural requirements for vacating public rights-of-way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The purpose of this chapter is to establish procedures, notice requirements and fees for the vacation of streets and alleys within the city. This chapter is intended to implement the authority granted to the city by Chapter 35.79 RCW and RCW 35A.47.020 and to conform to their provisions. In case of conflict between this chapter and those statutes, the provisions this Ordinance shall be controlling. SECTION 2—Initiation of Vacation. The owners of an interest in any real property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council. In the alternative, the City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the City Clerk. SECTION 3 — Petition for Vacation. The petition shall be in a form prescribed by the Community Development Director(hereinafter referred to as"the Director"or his or her designee) and shall be signed by the owners of more than two-thirds of the property abutting the portion of the street or alley sought to be vacated,. The petition shall also discuss the criteria set forth in Section 11 of this Ordinance. The sufficiency of the petition shall be governed by RCW 35A.01.040. SECTION 4 — Petition fees. Every petition for the vacation of any street or alley or any part thereof, shall be accompanied by a fee in an amount established by resolution of the city to defray a portion of the administrative costs incurred in processing the petition and publishing,posting and mailing notices. The fees shall not be refunded under any circumstances. The amount of the petition fees shall be set by Resolution, and the set amount shall be stated in the City of Spokane Valley Master Fee Schedule. SECTION 5—Submittal Requirements for Petitions. Every petition shall be accompanied by: (1) an Assessor's Map from the Spokane County Assessor's Office showing with a solid red line the portion of the street or alley sought to be vacated, (2) a vicinity map showing the general area of the proposed vacation, (3) a copy of the record of survey, if available, for the subject street and alley proposed for vacation and abutting properties and streets and alleys within 100 feet on all sides of the proposed vacation; (4)written evidence of any and all easements or allowances or reservations, public or private, pertaining to the street or alley proposed for vacation; and(5) a written narrative describing the reasons for the proposed street vacation,the physical limits of the proposed street vacation and the public benefit of the proposed street vacation. Street Vacation Ordinance 04-002 Page 1 of 5 SECTION 6—Setting of Hearing. Upon receipt of the petition, the fee and all required documents,the City Clerk shall forward the petition and required documents to the Director,who shall determine whether the petition has been signed by the owners of more than two-thirds of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners, the Director shall bring the petition before the City Council within 30 days of receipt of the petition, and the City Council shall by resolution fix the time when the petition will be heard by the City Council, or a committee of the City Council, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the City Council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the City Council or a committee of the City Council. SECTION 7 — Staff Report. The Director, in conjunction with the Public Works Department shall prepare a report concerning the proposed vacation. The Public Works Department shall be responsible for conducting a needs analysis of the street or alley proposed for vacation in consideration of existing and future transportation system needs and requirements. The report shall address the criteria (see Section 11)to be considered by the City Council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the Director including but not limited to drainage requirements, street closure requirements such as the removal and replacement of concrete, asphalt, and placement of barriers limiting vehicle movements. In preparing the report, the Director shall solicit comments from the Police Department, the Fire Department and may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the Planning Commission and to the petitioner and his or her representative,not less than seven(7)calendar days before the hearing. SECTION 8 —Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation,the City Clerk, or the Director, acting under direction and supervision of the City Clerk, shall give not less than 20 days' notice of the time,place and purpose of the hearing by(1) posting of a written notice in three (3) conspicuous places in the City; (2) publishing written notice once in the City's official newspaper, (2) posting a minimum twenty-four (24) inch by thirty-six (36) inch notice sign in a conspicuous place at each end of the street or alley sought to be vacated describing the proposed vacation and the date, time and location of the public heairng; and(3)mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Spokane County Assessor, not to exceed ninety (90) calendar days from the date of the public hearing. The Director shall send the same written notice to the representative of the petitioners at the address on the petition. SECTION 9 — Protest. If fifty (50) percent or more of the abutting property owners file written objections to a City Council-initiated vacation with the City Clerk, prior to the time of the hearing, the city shall be prohibited from proceeding with the vacation. SECTION 10 — Planning Commission Review and Recommendation. The hearing on the petition or proposal shall be held before the Planning Commission upon the day fixed by resolution or at the time to which a hearing may be adjourned. In its consideratoin of the proposed vacation of the street or alley,the Planning Commission shall render a recommendation based on the criteria specified in Section 11.A-E. Following the hearing, the Director shall forward the Planning Commission's recommendation and the hearing minutes to the City Council at a regularly scheduled meeting. If a hearing is held before the Planning Commission, it shall not be necessary to hold a hearing before the City Council, provided that the City Council may at its discretion determine to hold a separate hearing on the proposal. Street Vacation Ordinance 04-002 Page 2 of 5 SECTION 11 —City Council Decision. Following the hearing and receipt of the Planning Commission's recommendation the City Council shall determine whether to vacate the street or alley. The determination shall include, but not be limited to, consideration of the following criteria: A. Whether a change of use or vacation of the street or alley will better serve the public; B.Whether the street or alley is no longer required for public use or public access; C. Whether the substitution of a new and different public way would be more useful to the public; D.Whether conditions may so change in the future as to provide a greater use or need than presently exists; and E. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. If the City Council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the City Council deems necessary and proper to preserve any desired public use or benefit. The ordinance may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services. Pursuant to RCW 35.79.040, the City Council in approving a street vacation request shall specify that the vacated portion of the street or alley shall belong to the abutting property owners, one-half to each,unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. The City Council reserves the right to require compensation as a condition of approval of ordinance action, provided that such compensation shall comply with the requirements of RC W 35.79.030, and further, that any required compensation shall be paid to the City prior to the City's participaiton in required title transfer actions. SECTION 12—Vacation of Waterfront Streets. A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of water unless: 1. The vacation is sought to enable the City to acquire the property for beach or water access purposes, or launching sites, park, public view, recreation, educational purposes, or other public uses; 2. The City Council,by resolution,declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: beach or water access, launching sites, park, public view, recreation, or education; or 3.The vacation is sought to enable the City to implement a plan, adopted by resolution or ordinance,that provides comparable or improved public access to the same shoreline Street Vacation Ordinance 04-002 Page 3 of 5 area to which the street or alley sought to be vacated abuts,had the properties included in the plan not been vacated. B. Before adopting an ordinance vacating a street or alley under subsection(A)(2) of this section, the City Council shall: 1. Cause an inventory to be compiled of all rights-of-way within the city that abut the same body of water that is abutted by the street or alley sought to be vacated; 2. Cause a study to be conducted to determine if the street or alley to be vacated is unsuitable for use by the city for any of the following purposes: launching sites, beach or water access,park,public view recreation, or education; 3. Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter; and 4. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under subsection(B)(2) of this section, and that the vacation is in the public's interest. C.Notice of the public hearing on the proposed vacation shall be provided in accordance with the notice provisions of Section 8 of this Ordinance, provided, that the City shall also post notice of the public hearing conspicuously on the street or alley sought to be vacated, which notice shall indicate that the area is a public access, that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the Director indicating the objection. SECTION 13 — Application of Zoning District Designation. The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall be automatically extended to the center of such vacation, and all area shall included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. SECTION 14 - Recording of ordinance. A certified copy of the ordinance vacating a street or alley or part thereof, shall be recorded by the City Clerk in the office of the Spokane County Auditor. SECTION 15— Compliance to City Council Conditions. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. SECTION 16 — Record of Survey Required. Following the City Council's passage of the ordinance approving the proposal to vacate the street or alley, a record of survey prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description and specifying if applicable any and all easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director. Said record of survey shall contain the professional stamp and signature of the registered surveyor, shall contain signature lines for the City of Spokane Valley Community Development Director, City of Spokane Valley Public Works Director or designee, and the proponent indicating acceptance of the vacated street or alley. Said record of survey shall also specifying location, dimensions and area of all parcels of land abutting and within one hundred (100)feet on all sides of the vacated street or alley. Street Vacation Ordinance 04-002 Page 4 of 5 SECTION 17—Costs of Title Transfer to be Borne by Proponent. All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges, copying fees, and recording fees are to be borne by the proponent. The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title. SECTION 18 — Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 19 — Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of January, 2004. Michael DeVleming,Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to form: Cary P.Driskell,Deputy City Attorney Date of publication: Effective date: Street Vacation Ordinance 04-002 Page 5 of 5 ATTACHMENT B RCW 35A.47 .020 Chapter 35A.47.020 RCW- The Washington State Legislature Page 1 of 1 ti- � �. �-�'".,,,r L'.^�ry•.��."a-..,�� r 'j SLAT la " toy_IiV Legislature Home About Us E-Mail Lists Search Help RCW TITLES >>TITLE 35A >>CHAPTER 35A.47»SECTION 35A.47.020 Print Version 35A.47.010 « 35A.47.020 » 35A.47.030 RCW 35A.47.020 Streets--Acquisition, standards of design, use, vacation and abandonment-- Funds. The designation of code city streets as a part of the state highway system, the jurisdiction and control of such streets, the procedure for acquisition or abandonment of rights of way for city streets and state highways, and the sale or lease of state highway land or toll facility to a code city, the requirements for accounting and expenditure of street funds, and the authority for contracting for the construction, repair and maintenance of streets by the state or county shall be the same as is provided in RCW 36.75.090, chapters 47.08, 47.12, 47.24 and 47.56 RCW, and the regulation of signs thereon as provided in chapter 47.42 RCW. Code cities shall be regulated in the acquisition, construction, maintenance, use and vacation of alleys, city streets, parkways, boulevards and sidewalks and in the design standards therefor as provided in chapters 35.68 through 35.79, 35.85, and 35.86 RCW and RCW 79.93.010 relating to dedication of tidelands and shorelands to public use and in the use of state shared funds as provided by general law. [1983 c 3§68;1967 ex.s.c 119§35A.47.020.] • http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section&section=3 5A.47.020 12/31/2003 ATTACHMENT C RCW 35 .79 RCW 35 . 79 CHAPTER Page 1 of 3 Chapter 35.79 RCW STREETS --VACATION RCW SECTIONS 35.79.010 Petition by owners--Fixing time for hearing. 35.79.020 Notice of hearing--Objections prior to hearing. 35.79.030 Hearing--Ordinance of vacation. 35.79.035 Limitations on vacations of streets abutting bodies of water--Procedure. 35.79.040 Title to vacated street or alley. - - 35.79.050 Vested rights not affected. RCW 35.79.010 Petition by owners -- Fixing time for hearing. The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof,may petition the legislative authority to make vacation, giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution. [1965 c 7 §35.79.010.Prior: 1957 c 156§ 2; 1901 c 84§ 1,part;RRS §9297,part.] RCW 35.79.020 Notice of hearing-- Objections prior to hearing. Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots,tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk,prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. [1965 c 7 § 35.79.020.Prior: 1957 c 156 § 3; 1901 c 84§ 1,part;RRS §9297,part.] http://www.leg.wa.gov/rcw/index.cfiu?fuseaction=chapter&chapter=35.79&RequestTime... 12/31/2003 RCW 35 . 79 CHAPTER Page 2 of 3 RCW 35.79.030 Hearing-- Ordinance of vacation. The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing maybe adjourned to. If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority. If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located. One-half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city or town. [2002 c 55 § 1;2001 c 202 § 1; 1987 c 228 § 1; 1985 c 254§ 1; 1969 c 28 §4.Prior: 1967 ex.s. c 129 § 1; 1967 c 123 § 1; 1965 c 7§ 35.79.030;prior: 1957 c 156 §4; 1949 c 14 § 1; 1901 c 84§2;Rem. Supp. 1949 § 9298.] RCW 35.79.035 Limitations on vacations of streets abutting bodies of water-- Procedure. (1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless: (a) The vacation is sought to enable the city or town to acquire the property for port purposes,beach or water access purposes,boat moorage or launching sites,park,public view, recreation, or educational purposes, or other public uses; (b) The city or town,by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: Port,beach or water access, boat moorage,launching sites,park, public view, recreation, or education; or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated. (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall: http://www.l eg.wa.gov/rcw/index.cfin?fus eaction=chapter&chapter=3 5.79&RequestTime... 12/31/2003 RCW 35 . 79 CHAPTER Page 3 of 3 (a) Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated; (b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes: Port, boat moorage, launching sites,beach or water access, park, public view, recreation, or education; (c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and (d) Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under(b) of this subsection, and that the vacation is in the public interest. (3)No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. [1987 c 228 §2.] RCW 35.79.040 Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each. [1965 c 7 § 35.79.040.Prior: 1901 c 84§ 3;RRS § 9299.] RCW 35.79.050 Vested rights not affected. No vested rights shall be affected by the provisions of this chapter. 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L_I : ..,_ ,-,- r.:*_. r•..- --,--, . • r"--J= i 1-7 , r---7 r1I, - -; .... _ - ,--- ' , • . , - - - -- --“-- .ILLY Ilar2-°I1M111 ' .A... --- • ', 1 :::''' -cf.__I ' : _ 1..f.___ - 2 2_ - ----1‘ji- ILI - _ Ny, Project Priorities Investment Potential Priority Public Private Ratio 1 By Developer 2A $1.6 Mil $12.0 Mil 8/1 2B $0.8 Mil $13.7 Mil 17/1 3 $2.1 Mil $11.6 Mil 6/1 4 $3.1 Mil $47.6 Mil 15/1 5A $2.7 Mil $43.4 Mil 16/1 5B $2.1 Mil $11.8 MU 6/1 6 $1.0 Mil $24.0 MU 24/1 7 $6.9 MU $60.0 Mil 9/1 Total $20.3 Mil $224.1 Mil 11/1 4 Next Steps 1) Appoint an "Implementation Director" 2) Establish a 120-day, 1-year and 5-year schedule 3) Refine design and cost estimates for priority projects 4) Initiate process for developing station area zoning codes, development standards and design guidelines 5) Adopt roads, bicycle routes and walkways as part of transportation systems plan 6) Prioritize key implementation projects in Capital Improvements Program 7) Identify costs, initiate process for acquisition of civic sites or buildings, parks and/or key redevelopment sites 8) Initiate financial public/private partnerships for redevelopment of key buildings or sites with property owners 5 AGENDA City of Spokane/Spokane County/Spokane Valley Joint Plan Commission Meeting January 28, 2004 11:30 a.m. - 1:30 p.m. Downtown Library, 906 West Main, Meeting Room 1B 1. Introductions 2. General update - Spokane County: Joint Planning (i.e. South Regal) - Spokane Valley: Steering Committee, Light Rail, Discussion on the N/S Corridor, Updating Flood Hazard Ordinance, County report on Phase II Development Regs., and Appeals - City of Spokane: 3. Update on pending actions (Neighborhood Planning Guidebook, Subarea Plans, Annexations, Mediation, etc.) 4. Planning and Zoning language consistency - Where are we, and how are we doing? 5. Development regulation consistency 6. Center consistency 7. Joint pursuit/identification of park/conservancy lands 8. Discussion on successes and frustrations in our recommendations to council/commission 9. Discussion on future Joint Plan Commission meetings with other jurisdictions 10. Adjourn