Ordinance 12-016 Amends Title 24 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 12-016
AN ORDINANCE OF THE CITY 01? SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE TITLE 24.40
BUILDING CODES ADOPTED,AND OTHER MATTERS RELATED THERETO.
WHEREAS, the City of Spokane Valley (City) adopted Title 24 of the Spokane Valley Municipal
Code(SVMC)pursuant to Ordinance 07-010, on June 5, 2007; and
WHEREAS,Chapter 24.40 became effective July 15,2007; and
WHEREAS, the amendment, as is set forth below, bears a substantial relation to the public health,
safety and welfare and protection of the environment; and
WHEREAS, amendments to the City of Spokane Valley Municipal Code may be initiated by the
Planning Commission (Commission),the City Council(Council), citizens, or by the Community Development
Director based on citizen requests or when changed conditions warrant adjustments; and
WHEREAS, on October 4, 2011 and May 1, 2012, City Council reviewed the proposed amendments;
and
WHEREAS, on May 22, 2011, City Council considered a first ordinance reading to adopt the
proposed amendment.
NOW THEREFORE,the City Council of the City of Spokane Valley do ordain as follows:
Section One: SVMC Title 24 shall be amended as follows:
Chapter 24.40 CODES ADOPTED
Sections:
24.40.010 General.
24.40.020 Specific.
24.40.030 Local administrative provisions
24.40.040 Local amendments to the adopted codes.
24.40,010 General.
A.These regulations apply to any structure, equipment, or activity regulated by the herein adopted codes. All
referenced codes are available for viewing at the City permit center.
B. All projects submitted for review and approval must conform to the requirements of this title.
24.40.020 Specific.
The following codes, as presently constituted or subsequently amended by the state of Washington, all as
amended, added to, or excluded in this chapter, together with all amendments and additions provided in this
title, are adopted and shall be applicable within the City:
A. Chapter 51-11 WAC—Washington State Energy Code.
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B. Chapter 51-19 WAC–Washington State Historic Building Code.
C. Chapter 51-50 WAC -- State Building Code Adoption and Amendment of the International Building Code;
including Appendix Chapters E, F, G, I, and J and ICC ANSI A117.1 and the International Existing Building
Code
D. Chapter 51-51 WAC – State Building Code Adoption and Amendment of the International Residential
Code; including Appendix Chapters F, G,H,and J.
E. Chapter 51-52 WAC – State Building Code Adoption and Amendment of the International Mechanical
Code, the International Fuel Gas Code,NFPA 58 and NFPA 54.
F. Chapter 51-54 WAC–State Building Code Adoption and Amendment of the International Fire Code.
G. Chapter 51-56 WAC–State Building Code Adoption and Amendment of the Uniform Plumbing Code.
H. Chapter 51-57 WAC – State Building Code Adoption and Amendment of Appendices A, B and I of the
Uniform Plumbing Code.
I. The 2009 International Plumbing Code, that in the event of conflicts with the State Plumbing Code adoption
of the Uniform Plumbing Code,the state code will prevail. Such conflicts will be reviewed and a determination
issued by the building official or their designee.
J.The 2009 Edition of the International Property Maintenance Code, except Sections 106, 111, 302.3, 302.4,
302.8, 303, 304.2, 304.8, 304.13 through 304.18, 305.3, 305.6, 308, 309.2 through 309.5, 404.1, 506.3, 507,
and 606 are not adopted. (Ord. 07-010 § 1, 2007).
24.40.030 Local administrative provisions.
A. The administrative provisions contained in the codes adopted in SVMC 24.40.020 shall apply unless
specifically amended by this section or SVMC 24.40.040.
B. The following provisions amend all codes adopted by SVMC 24.40.020. Any provisions related to fees,
time limitation of application and permit expiration in any of the codes adopted in SVMC 24.40.020 are
not adopted—including but not limited to, International Building Code subsections 105.3.2 and 105.5 as
adopted by WAC 51-50; and International Residential Code subsections R105.3.2 and R105.5 as adopted
by WAC 51-51.
C. Projects subject to regulation under this chapter vest to the State code edition under which a complete
application was accepted.
1. Time limitation of application. Applications are valid for a minimum of one year. One extension of
time may be granted for a term of at least 180 days but shall not exceed the time remaining in the code
cycle to which the application is vested. Any request for extension shall be made in writing. All permit
applications regulated by this title shall be deemed to be abandoned and become null and void if a permit
is not issued within the limitations described herein.
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a. Applications that have expired subject to this section have no vested right to review under the
State code or Spokane Valley Municipal Code in effect at the time of original complete
application.
b. For review to continue on a project for which the application has expired, a new permit application
must be submitted and a new fee paid. The application is subject to the processes and requirements
of the Spokane Valley Municipal Code as constituted at the time of the new application. The scope
of application submittal requirements and review process shall be determined by the Community
Development Director.
2. Expiration of permits. Every permit issued subject to this section shall expire and become invalid
unless the work authorized by such permit is commenced within two years of issuance. One extension
of time may be granted for a term of at least 180 days but shall not exceed the time remaining in the
first full code cycle after the code cycle to which the permit is vested. Any such extension shall be
requested in writing.
A permit issued subject to this section shall expire and become invalid if the work authorized by the
permit is not completed within two years after the first required inspection has been made.
a. Permits that have expired subject to this section have no vested right to review under the
Spokane Valley Municipal Code in effect at the time of original complete application
acceptance.
b. When a permit expires and the work authorized by the expired permit is not completed, the
remaining work may continue only after a new permit application for the remaining work has
been submitted, approved, and new fees paid. The scope of permit review and fee amount
shall be determined by the Community Development Director, the fees shall be set to cover
actual City costs for services.
c. Compliance actions. If a permit issued to resolve a code violation expires subject to this
section, the property owner may be subject to the immediate imposition of remedies
authorized by the Spokane Valley Municipal Code.
3. Permit ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If
the permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting
on behalf of,the property owner.
4. Fees and fee refunds. Application and permit fees shall be collected or refunded subject to the
provisions of the currently adopted Spokane Valley Master Fee Schedule. A permit shall not be
valid until the fees prescribed by the Spokane Valley Master Fee Schedule have been paid in full.
The Building Official may authorize the refunding of fees in the manner and for the amounts set
forth in the currently adopted Spokane Valley Master Fee Schedule.
5. Work commencing before permit issuance. Any person who commences any work on a building
structure,electrical, gas,mechanical or plumbing system, before obtaining necessary permits, shall
be subject to an investigation fee in accordance with the schedule established by the governing
authority for such work.
The investigation fee shall be equal to and additional to the permit fee that would have been
required had a permit been issued and is owed whether or not a permit is subsequently issued.
Payment of the investigation fee does not vest illegal work or establish any right to a permit.
Ordinance 12-016 Title 24 Page 3 of 8
24.40.040 Local amendments to the adopted codes
A. The International Building Code.
1. Amend Section 105,Permits, as follows:
a. Section 105.2,Work exempt from permit,Building: 1. to read as follows:
One-story detached accessory structures used as tool and storage sheds, playhouses and
similar uses provided the floor area does not exceed 200 square feet(11.15 m2).
b. Section 105.2 Work exempt from permit, Building: Item 6. To read as follows:
6. Decks, sidewalks and driveways not more than 30 inches (762) mm) above the
lowest adjacent ground level within six feet horizontally of the edge of the deck,
sidewalk or driveway and where a guardrail is not required by other sections of
this code, and not over any basement or story below and are not part of an
accessible route.
B. The International Residential Code.
1. Replace Table R301,2(1), Climatic and Geographic Design Criteria,with the following:
Ground Wind Seismic SUBJECT TO DAMAGE Winter Ice Barrier Flood Air Mean
Snow Speed Design FROM Design Underlaym Hazards Freezing Annual
Load* (Gust) Category Weathe Frost Ter Decay Temp ent Index Temp
ring line mite Required
depth s
39 85 C Severe 24" Slig None 10°F Yes 2010 1232 47.2°F
lbs/ft2 mph ht to to FIRM
Mod slight
crate
*Minimum roof snow load: 30 lbs/ft2
2. Add a subsection to Section R310,Emergency escape and rescue openings, as follows:
R310.6 Replacement of emergency escape and rescue openings except for replacement of
glazing only in such windows shall be of the size required by this section.
3.Amend Section R322, Flood-resistant construction,as follows:
a. Modify R322,1, General,to add municipal code reference and read as follows:
All development in whole or in part within a designated floodplain shall comply with SVMC
21.30 and be designed and constructed in accordance with the provisions contained in this
section.
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b. Add a sentence to subsection R322.1.4,Establishing the design flood elevation, such that the
section reads as follows:
The design flood elevation is equal to base flood elevation plus one (1) foot. The design
flood elevation shall be used to define areas prone to flooding, and shall describe, at a
minimum, the base flood elevation at the depth of peak elevation of flooding (including
wave height) which has a 1 percent (100-year flood) or greater chance of being equaled
or exceeded in any given year.
c. Delete item 1 in subsection R322.2.1, Elevation requirements, as amended by
Washington State and replace with a new item 1 to read as follows:
1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall
have the lowest floors elevated to or above base flood elevation plus one foot.
d. Delete item 4 in subsection R322.2.1, Elevation requirements, as amended by Washington
State and replace with a new item 4 to read as follows:
4 Basement floors that are below grade on all sides shall be elevated to or above base
flood elevation plus one foot.
e. Add a second paragraph to Section R322.3.6,Construction documents, to read as follows:
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.
C. The International Mechanical Code and the International Fuel Gas Code. Reserved
D. The International Fire Code
1.Amend Appendix C to add an exception after the Iast paragraph in Section C105.1, Hydrant
spacing, as follows:
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.
2. Amend Appendix D, Section D101.1,to read as follows:
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.
E. The Uniform Plumbing Code. Reserved
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F. The 2009 International Plumbing Code.Reserved
G. The International Existing Building Code. Reserved.
H. The 2009 International Property Maintenance Code.
1. Amend Section 202, General definitions,by adding the following definitions:
i.Drug properties and structures. Any building, structure and/or associated property,
identified by the 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.
ii. Blighted property. A property, dwelling, building, or structure which constitutes blight
on the surrounding neighborhood. `Blight on the surrounding neighborhood" is any
property, dwelling,building, or structure that meets any two of the following factors:
1.A dwelling, building, or structure exists on the property that has not been lawfully
occupied for a period of one year or more;
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 or
designee;
3. The property, dwelling, building, or structure is or has been associated with illegal
drug activity during the previous twelve months.
2. Amend Section 202, General definitions, by deleting the following definitions:
a. Garbage;
b. Housekeeping unit;
c. Inoperable motor vehicle.
3. Amend Section 108,Unsafe structures and equipment, as follows:
a. Add a new subsection 108.6,Drug properties and structures, to read as follows:
Drug properties and/or structures are declared to be unsafe properties or structures
and are a classification of property subject to the special procedures set forth in
Section 108.6. The Building Official is authorized to abate such unsafe buildings,
structures, and/or associated properties in accordance with the procedures set forth
in this code and Washington statute, RCW 64.44.010, with the following additional
actions:
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1. Due to public safety hazard in drug production facilities, all public and private
utilities shall be disconnected.
2. Buildings) and structures shall be inspected to determine compliance with all
City ordinances and codes.
3.Buildings) and any entry gates to the property shall be secured against entry in
the manner set forth in this code;
4. Reconnection of utilities or occupancy of the building(s), structures or property
shall not be allowed until all violations have been addressed, all dangerous
conditions abated and a notice of release for re-occupancy has been received
from the health department and sheriff's office.
5.If dangerous conditions cannot be abated, occupancy shall be prohibited and
the structure and/or property may be subject to condemnation pursuant to
RCW 35.80A.010, Condemnation of blighted property.
b. Add a new subsection 108.7,Blighted properties,to read as follows:
In conformance with RCW 35.80A.010, the City 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.
Prior to such condemnation, the 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.
4. Replace the code reference, International Plumbing Code, in Section 505.1, General, with the
following:
The State adoption of the Uniform Plumbing Code.
5. Delete the text of Section 602.2, Residential occupancies, and replace with the following:
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms.
Cooking appliances shall not be used to provide space heating to meet the requirements
of this section.
6. Delete the text of Section 602.3, Heat supply, and replace with the following:
Every owner and operator of any building who rents, leases or lets one or more dwelling
units or sleeping units on terms, either expressed or implied, to supply heat to occupants
Ordinance 12-016 Title 24 Page 7 of 8
thereof shall provide heat to maintain a temperature of 68° F (20° C) in all habitable
rooms, bathrooms,and toilet rooms.
7. Replace paragraph one of Section 602.4, Occupiable work spaces,with the following:
Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of
65°F(18°C)during the period the spaces are occupied.
8.Replace the code reference,ICC Electrical Code, in Section 604.2, Service,with the following:
The State adoption of the NEC.
Section Two: All other provisions of SVMC Title 24 not specifically referenced hereto shall remain in full
force and effect.
Section Three: Severability. If any section, sentence, clause or phrases of this Ordinance should 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, clause or phrase of this Ordinance.
Section Four: Effective Date. This Ordinance shall be in full force and effect five (5) days after the
publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by
law.
Passed by the City Council this 12th day of June,2012.
Mayor,Thomas E. Towey
A E$
ity Clerk, Christine Bainbridge
Approved as to Form:
Office dijOt he Ci ierfney
Date of Publication: 62 ,Z�
Effective Date: --.,Z 2
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