Agenda 02/12/2004 SPOKANE VALLEY PLANNING COMMISSION
AGENDA
Council Chambers - City Hall 11707 E. Sprague Avenue
6:30 p.m.-9:30 p.m.
* * * February 12,2004 * * *
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES
• January 22, 2004
VI. PUBLIC COMMENT
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
XI. COMMISSION BUSINESS
Old Business: Continuation of International Building Code Public Hearing Conclusion
New Business:
• Public Hearings
1) Ordinance Amending City's Building Sprinkler Requirements
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.org
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: 2/12/04
Item: Check all that apply: ❑consent ❑old business ®new business
®public hearing information ❑admin.report ® pending legislation
AGENDA ITEM TITLE: Public Hearing to amend Spokane Valley Ordinance #40 and
Spokane Valley Ordinance #41
GOVERNING LEGISLATION:
SHB 1734
RCW 19.27 State Building Code
WAC 51-50-007 Exceptions
PREVIOUS COUNCIL ACTION TAKEN:
Spokane Valley Ordinance #40
Spokane Valley Ordinance #41
BACKGROUND:
When the City of Spokane Valley established the Building Code and the Fire Code in
Ordinances #40 and #41, the ordinances mandated fire sprinklers in all buildings
containing over 8000 sq ft of floor area. This area requirement disregarded basements,
fire compartmentalization, types of construction or building usage. It also mandated
retrofitting sprinklers in any building that had an addition put on that would make it
8000 sq ft in floor area or more.
This portion of the code is not supported by current national and state of Washington
codes or the 2003 International Building Code, the code mandated by the state of
Washington for implementation on 1 July 2004. Although automatic fire sprinklers work
to control or suppress fires, implementation of an overzealous approach to any code
requirement defeats the ideas of uniformity and minimum requirements.
The proposed Spokane Valley Building Code does not echo the 8000 sq ft threshold
requirement. That proposed code only supports the minimum requirements found in the
International Codes. The International Code fire sprinkler requirements are founded on
principles of fire science and are promoted uniformly across the country.
This change will allow designers or contractors the ability to use the proposed Spokane
Valley Building Code ordinance as an alternative to the current Spokane Valley Building
Code for design or construction until 1 July 2004. This option is an educational tool that
will not only help our designers and contractors understand the 2003 International
Codes, but having this flexibility will allow our inspection and plan review team to more
slowly adjust to the new ideas expressed in the new code. The proposed ordinance will
allow contractors and designers the option of using which ever code may benefit them
greatest while promoting safe development and growth in our built environment.
OPTIONS: Recommend or not recommend the ordinance to City Council.
RECOMMENDED ACTION OR MOTION: Approval.
BUDGET/FINANCIAL IMPACTS: May reduce the cost of construction for the private
sector. No anticipated financial impact for the City is anticipated.
STAFF CONTACT: Spokane Valley Building Official Scholtens
Attachment:
Proposed Ordinance
ORDINANCE NO. 04-
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,
WASHINGTON, AMENDING THE CITY OF SPOKANE VALLEY
ORDINANCE #40, SECTION 5 AND ORDINANCE #41, SECTION 9, BY
REPEALING THE AUTOMATIC FIRE SPRINKLER PROVISIONS
STATED WITHIN THOSE SECTIONS AND SUBSTITUTING THE
AUTOMATIC FIRE SPRINKLER PROVISIONS FOUND WITHIN THE
2003 INTERNATIONAL BUILDING CODE, SECTION 903.
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, The City of Spokane Valley through Ordinance #40, Section 5 and
Ordinance #41 Section 9 changed the Washington State Building Code requirements by
mandating automatic fire sprinklers in all buildings over 8000 sq ft in floor area.
WHEREAS,the Washington State Building Code will adopt by reference the 2003
International Building Code by July 1,2004.
NOW, THEREFORE,the City Council of the City of Spokane Valley, Washington,do
ordains as follows:
Section 1. Amend City of Spokane Valley Ordinance#40,Section 5 as follows:
"Section 5. Section 904.2.2 all occupancies except Group R Division 3, and Group U
Occupancies. Section 904.2.2 of the Uniform Building Code is amended as follows:
901.2.2 All occupancies except Group U occupancies. Except for Group U
occupancies, an automatic sprinkler system shall be installed:
. Y• . .. ..• .•- . • . . . • . . •• - • - --. - -• - '5
!!!
• • Ial
7. Throughout every condominium, apartment house, hotel or motel three stories
10 or more. For the purpose of this section any floor that is occupied for any
reason is considered a story and portions of buildings separated by one or more
separation walls will not be considered a separate building. Residential or quick
the building.
8. [Deleted]
1. All automatic Fire Sprinkler Systems shall be installed in full compliance with
the 2003 Edition of the International Building Code."
Section 2. Amend City of Spokane Valley Ordinance#41, Section 9 to read as follows:
"Section 9. Uniform Fire Code - Section 1003.2.2 - Automatic Sprinklers Required.
Section 1003.2.2 of the Uniform Fire Code is amended as follows:
Section 1003.2.2 All Occupancies except Group U Occupancies. Except for
5. Throughout all buildings three or more stories in height except GroupR,
Division 3. For the purpose of this section a floor shall be any level of a
building that is occupied for any reason.
6. Throughout all buildings, including R, Division 3, where the total floor
area, including basements, exceeds 8,000 square feet. For the purposes of
this section, portions of buildings separated by one or more area separation
comply with this section when an addition is made to the building and the
addition combined exceeds 8,000 square feet. If an R, Division 3,
- - • • • - • • • I!!
feet,then only the addition will be required to have a sprinkler system.
1. All automatic Fire Sprinkler Systems shall be installed in full compliance with
the 2003 Edition of the International Building Code."
Section 3. 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 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
Approved as to form:
Cary P.Driskell,Deputy City Attorney
Date of publication:
Effective date:
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: 2/12/04 City Manager Sign-off:
Item: Check all that apply: ❑consent ®old business ❑new business ❑public hearing
®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 public hearing was conducted in front of the Planning Commission on
22 January 2004. First Reading is scheduled for 2/24/04 City Council Regular Meeting .
OPTIONS: None. The enforcement of a state wide building code is mandated by statute.
RECOMMENDED ACTION OR MOTION: Approval. Implementation/effective date of July 1, 2004.
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Spokane Valley Building Official Scholtens
Attachment:
Memo to Planning Commission
Response to Public Hearing
Article III Spokane Valley Uniform Development Code/Spokane Valley Building Code
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pane
Valley
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦cityhall@spokanevalley.org
Memorandum
To: Planning Commission
From: Tom Scholtens, Spokane Valley Building Official
Date: 2/5/2004 1:14 PM
Re: Implementation of Building Codes
Enforcement of a Building Code does not eliminate terrible tragedies. Fires occur, buildings
collapse and people get hurt. It is however uncommon that these incidents occur. Building
Code enforcement is a Public Safety success. Enforcement of a Building Code does ensure
that construction meets minimum levels of safety and stability for our built environment and
buildings continue to provide areas that we work, reside and play in without a second
thought.
The conflict between ideals of what is safe, what is safer and what might be safest are good
discussions to carry forward in any forum. Undoubtedly if we built all buildings out of steel
and concrete, designed them to resist any foreseeable earthquake or windstorm, elevated
them all above any surface that might inundate with a flood of biblical proportions, insulated
them so they didn't need a source of heat other than our body heat and then put fire
sprinklers in them, we would have a safe building. But, it would also create an unlivable
environment and a building that would be unaffordable. This type of restrictive code would
eliminate any innovative approach to affordable housing and disembowel the economy of our
society.
The implementation of public safety codes such as the proposed Spokane Valley Building Code
is a response to the level of risk a jurisdiction is able to accept. That risk is not only a
fire/life safety risk, but a risk to our society that employment, housing and economic stability
has to balance effectively. Implementation of too restrictive a building code may place other
things of value in our society at risk.
The state of Washington has decided that the level of risk that any citizen in the state should
be exposed to in new construction or in buildings that are being modified is expressed by the
enforcement of a Building Code that encompasses the International family of Codes. Trying
to decide on the merits of the International Codes or the state of Washington legislation or
the resulting RCW is interesting, but it is not within the City of Spokane Valley's purview.
The International Code Council (ICC) is the result of a cooperative effort of three model code
writing organizations spread across this country. All three of those organizations have
disappeared as the ICC was formed. Previously Washington enforced Uniform Codes that were
promulgated by the International Conference of Building Officials (ICBG). As one of the three
members of the ICC, not only has ICBG disappeared, but the Uniform Codes that we
previously used have also disappeared.
The 2003 International Codes are the result of a cooperative effort between different factions
of people with different interests and different goals from across the country. Literally
thousands of people have put hundreds of thousands of hours into the development of the
International Codes. We have been working on refining this building code since 1927. In the
state of Washington technical committees were formed to research building codes and those
committees reported to the legislature that the ICC codes are the best codes. The State
Building Code Council has reviewed these codes and offered amendments to those codes.
Those amendments are in the Washington Administrative Code. I have reviewed those codes
and as the appointed City of Spokane Valley Building Official have presented an Ordinance for
approval that complies with the state of Washington legislative requirements and the previous
City of Spokane Valley building code enforcement philosophy. I recommend that the Spokane
Valley Planning Commission approve this Ordinance as proposed and forward the Ordinance to
City Council for First Reading.
Attached is a response to Mr. Andrew's April 3, 2003 legislative memo and the public
testimony received at the 22 January Public Hearing.
SCITY Ork
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Valley
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000♦ Fax: 509.921.1008 ♦cityhall®spokanevalley.org
111111111111111•1111111111111111ffirESIMEC ASO
5 February 2004
Larry Andrews Response.
The April 3, 2003 communiqué is directed at the legislature. The Washington Legislature decided
this issue. RCW 19.27 is the result. Following are responses directed at Mr. Andrews' numbered
April 3 2003 cover.
1. There is a difference in how codes are formed. The International Code Council allows all
interested parties to propose changes, but only the Class A Members may actually vote. One
needs to be an active code enforcer to be a Class A Member. The philosophy behind this is to
stop any potential conflict of interest between the construction industry and public safety.
The NFPA family of codes is an ANSI accredited consensus process. That process allows all
members to vote but will not let over 30% of a trade group "load" the vote.
2. Cost figures are not accurate. Contractors are not required to purchase code books. The
local jurisdiction is required to have copies of codes and standards on hand for the public to
review. If a contractor cares to have a code book, the non member costs for the following
code books are:
IBC $74
IRC $50
IMC $49
IFGC $42
In addition the International Code Council publishes different levels of code interpretation
tools. The Commentaries are a great asset. Those books go through the code and offer
interpretive passages after each section to help contractors and inspectors reach a correct
decision. Although the 2003 Commentaries have not, as yet, been published, the 2000 IRC
Commentaries cost $166.00, the IMC Commentary cost is $61.00 and the IFGC Commentary
cost $61.00. As part of the City of Spokane Valley Building Division's commitment to public
service, the 2003 I Code Commentaries will be in our library when those volumes are
published. As always, that library will be available for the public to access.
3. Both families of codes allow unlisted appliances to be installed. Both families of codes
require the same level of verification to use unlisted appliances.
4. The IMC and IFGC require the same levels of safety that NFPA 54 and NFPA 56 require. I have
been trained as a "train the trainer" for NFPA 54 &t56 and recognize that except for minor
differences, the provisions of those standards as compared to the IMC and IFGC are virtually
equivalent. The reason we support the International Codes is that they tie directly to the
mandated referenced codes as opposed to a different code that has a different reference
system.
5. The references in the Mechanical Code that are italicized are the other referenced codes.
For instance, Section 301.12 Wind resistance states that: "Mechanical equipment and
appliances and supports that are exposed to wind shall be designed and installed to resist the
wind pressures determined in accordance with the International Building Code"
6. Three unit and larger residential buildings are generally called apartment houses. The NFPA
5000 requires sprinklers in these types of occupancies but allows them to be exempt from
that requirement if there is an approved way for each unit to exit directly to the ground. The
IBC requires sprinklers in these types of occupancies.
In addition, Mr. Andrews expressed several supplementary points at the 22 January Public Hearing.
These points, derived from the 22 January Planning Commission meeting minutes, and responses
follow.
1). If the IBC is adopted,IAPMO/NFPA union members will lose their right to vote on code changes.
Only code officials will have the right to vote on any changes. They think this is unfair.
This is addressed in #2 above.
2). The City of Spokane Valley's proposed Building Code plans to discard Uniform Codes for
Electrical and Mechanical. The Uniform Codes are national standard. The International Mechanical Code
has no propane code and no oil code. He does not deem the National Electrical Code to be as safe at the
Uniform Code,and he finds the UL requirements restrictive. Many coffee roasters use unlisted equipment.
The International Codes have replaced the Uniform Codes published by ICBO. At present 44
states and the Department of Defense use the International Building Code. 32 states use the
International Residential and Fire Codes. Only California has chosen to adopt the NFPA 5000
Building Code state wide. www.iccsafe.org
The proposed Spokane Valley Building Code follows RCW19.27. RCW 19.27.031 (2) specifically
references NFPA 58 and NFPA 54 as standards for the installation and use of Liquefied Propane
Gas. http://www.leg.wa.gov/RCW/index.cfm?fuseaction=sectionttsection=19.27.031 . Further
information may be obtained from the National Propane Gas Association at www.npga.org.
The National Electrical Code is the Electrical code used in the state of Washington for years. No
change is being proposed. For reference, since the City of Spokane Valley does not enforce the
electrical code, electrical code adoption is not mentioned in the proposed ordinance.
I have no comment on Mr. Andrews' opinion of Underwriters Laboratory. That organization has
promoted worldwide safety since 1894. Further information may be obtained at www.ul.com.
I am sure that many different coffee roasters are unlisted appliances. Regardless of which code
the state of Washington required us to enforce, the Building Official is required to ascertain that
unlisted appliances or mechanical equipment is safe prior to that equipment being installed.
That duty is not transferred to a contractor.
3). Statewide Contractors did not succeed with their fight against Washington State's adoption of the
International Building Code because they could not afford to fight the powerful lobby in favor if HB
1734.
I am unable to comment on this issue.
4).The cost to his company for changing over to the International Building Code standards will be over
$5,000 for retraining and purchase of books. There will also be a significant cost to contractors for new
materials.
There is no mandate for any contractor to spend any money on code books or referenced
standards, that purchase would be purely a business decision. As pointed out in #2 above,
Commentaries to the IMC and IFGC will be available and the cost for non members will be about
$125.00 total. This should complete any reference library a mechanical contractor might need.
Other more definitive references that would be required may be located in the Building Division
library.
5). Sheetrock standards are reduced in the International Building Code. The IBC standards are not
equivalent to what is in practice now. The new code is bringing sheetrock thickness down to 3/8". He
recommended that the Planning Commission look very hard at these standards and not reduce the required
thickness of sheetrock.
Although this statement is true, to a point, Mr. Andrews is not correct in stating that the
thickness of the sheetrock separation is less in the IRC than other codes. Both the IRC and NFPA
5000 require the separation of garages and dwellings to be done at a minimum with materials fire
rated for 20 minutes with 1/2" drywall specified.
Statistically, in jurisdictions that have allowed 1/2" sheetrock for this area, there does not appear
to be an increase in loss or injury caused by fire. One of the reasons for this lack of fire loss is
that in previous editions of the Uniform Code, we already allowed a 20 minute rated door in that
wall. Increasing the rating to one hour around a 20 minute rated door does not substantially
increase the fire resistance of the total wall assembly. This follows the idea that a chain is only
as strong as the weakest link.
6). The proposed lack of Propane Standards is not acceptable. The existing code prevents storage of
"heavier than air"gases in basement areas. He believes the new code does not address this issue
satisfactorily.
Please reference the second paragraph response in 2). above.
7). Mr.Andrews is not in favor of the City putting unnecessary commercial restrictions on commercial
businesses. He is all in favor of public safety and economy. He thinks these codes need to be put up for a
vote.
The legislature already has voted on the International Codes. The proposed Spokane Valley
Building Code Ordinance will be voted on by Spokane Valley City Council.
8). Recommended not adopting the International Fuel Gas Code. Mr. Andrews does not believe it is as
safe as the existing code.
I am unable to detect any substantive difference in public safety provisions between the
International and National Fuel Gas Codes. The difference for code enforcement is that if a
jurisdiction uses a single family of codes, the references, definitions, administration and
enforcement procedures remain constant. More consistency produces predictable levels of safety
through uniformity.
Most importantly, Mr. Andrews' position was previously heard by the legislature and they decided to
go in a different direction than he has proposed. The Spokane Valley public hearing is not the venue
for discussing state of Washington legislative mandates. For reference, please refer to
http://www.sbcc.wa.gov and follow with Tech Advisory Group for more information. In addition,
there truly is no substantive difference in resulting fire/life safety from using one family of codes
over another. However, mixing up the families of codes creates difficulty in interpretation,
enforcement and compliance when construction codes are implemented.
On 26 January I spoke with Mr. Andrews for about an hour concerning these issues. As we concluded
the conversation he indicated his acceptance of the City of Spokane Valley Building Code. He
seemed most frustrated with the legislative process that occurred in Olympia.
ORDINANCE NO. 04-
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 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
Snow Speed Design Weathering line Termites Decay Design Shield Flood Freeze Annual
Load* (Gust) Category depth Temp Underlay Hazards Index Temp
39 Slight to None to 2003
lbs/flz 85 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 3.02.06.2 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 3.02.08.2Fee 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 R323.1.3 Establishing the design flood elevation. Add a first sentence: The design flood elevation is
equal to base flood elevation plus one foot.
c). 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.
d). 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.
e). Delete Part IV—Energy Conservation in its entirety.
f). 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.
g). 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 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: