Ordinance 03-040 Adopts Uniform Building Code CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 40
AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, WASHINGTON,
ADOPTING THE UNIFORM BUILDING CODE AS THE BUILDING AND
CONSTRUCTION STANDARDS FOR THE CiTY.
WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and
WHEREAS, to promote the health, safety and welfare of the occupants or users of
buildings and structures within the State of Washington, the City is required to adopt uniform
codes that establish minimum performance standards for construction that contain recognized
standards of engineering;
WHEREAS, the State of Washington through RCW 19.27.031 has declared that there
shall be in effect in all counties and cities the Uniform Building Code and Uniform Building
Code Standards published by the International Conference of Building Officials provided that the
City is authorized to amend the code, as it applies within the jurisdiction of the City, so long as
minimum performance standards relating to fire and life safety are not reduced; and
WHEREAS, the City desires to adopt the Uniform Building Code as amended by this
Ordinance.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section 1. Authority to Adopt Uniform Building Code. Pursuant to RCW
35A.11.020, 35A.12.140 and RCW 19.27.031 the City adopts the 1997 edition of. the Uniform
Building Code as published by the International Conference of Building Officials and available
from the International Conference of Building Officials at 5360 Workman Mill Road, Whittier,
California 90601 as modified and amended both by the Washington State Building Council
through WAC Chapter 51-40 and this ordinance.
Section 2. Uniform Building Code - Section 109.1 amended - Use and Occupancy
Section 109.1 of the Uniform Building Code is amended as follows:
109.1 Use and Occupancy. No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion
thereof shall be made until the Building Official has issued a certificate of occupancy as
provided herein.
Exception: Group U Occupancies
Section 3. Uniform Building Code - Section 110 added - Hours of Construction and
Construction Noise. Section 110 of the Uniform Building Code is amended as follows:
Page 1
C:\Documents and Settings\rnmllcrll.neal Settings\Temporary Internet Files1OLKI Ilfhdinance No.BC Revised 2-19-03.doc
110 Hours of Construction and Construction noise.
110.1 Noise prohibited.
a. It is unlawful for any person to make, continue, cause to be made or allow
to originate from real property in the possession of said person, any sound of
construction which creates a unreasonable noise disturbance.
b. For the purpose of this section, the following sounds are declared to be
noise disturbances:
(1) Sounds created which originates frequently, repetitively, or
continuously from any building, structure, or property which annoy or
disturbs the peace, comfort or repose of a reasonable person of normal
sensitivity.
(2) This section shall not apply to special construction projects which
have been issued a permit which specifically allows an exception to noise
level and hours.
110.2 Hours of Construction. Except as otherwise provided in this ordinance, the
activities and construction noise regulated by this ordinance shall be limited to the
following hours:
(1) Monday through Fridays 7 a.m. to 8 p.m.
(2) Saturdays, Sundays and Holidays 9 a.m. to 6 p.m.
Section 4. Uniform Building Code - Section 310.2.2 amended - Construction Height
and Allowable areas. Section 3102.2 of the Uniform Building Code is amended as follows:
310.2.2 Special Provisions. Notwithstanding other provisions of this code, Group R
Division 1 occupancies shall not be less than one hour fire resistance construction
throughout. Exterior balconies extending beyond the floor area as defined by Section 203
shall be constructed of non-combustible materials or as combustible one-hour fire
resistant occupancy separation between units.
Storage or laundry rooms that are within Group R. Division l occupancies that are used
in common by tenants shall be separated from the rest of the building by not less than
one-hour fire resistant occupancy separation.
For Group R Division 1 occupancies with a Group S Division 4 parking garage in
the basement or first floor, see Section 311.2.2.2.
For attic space partitions and draft stops, see Section 708.3.
Exterior and interior doors and windows opening onto a common corridor, stairway, or
similar area serving 5 or more dwelling units shall be protected as specified in Section
1005.
Page 2
CADocuments and Senings\rmuller\L.ocal Settings\Temporary Internet EiI slOLK!I\Ordinance No.BC Revised 2-19-03.doc
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:
904.2.2 All occupancies except Group U occupancies. Except for Group U occupancies,
an automatic sprinkler system shall be installed:
5. Throughout all buildings of three stories or more in height except Group R, 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 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 walls will not be considered a separate building. Existing
buildings shall comply with this section when an addition is made to the building and the
total floor area, including the basements, or the existing building and the addition
combined exceeds 8,000 square feet. If an R Division 3 occupancy addition contributes
to the building exceeding 8,000 square feet, then only the addition will be required to
have a sprinkler system.
7. Throughout every condominium, apartment house, hotel or motel three stories in
height or containing 10 or more dwelling units or guest rooms and every congregate
residence two or more stories in height which has an occupant load of 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 response standard sprinklers shall be used in the
dwelling and guest portions of the building.
8. peletedl
Section 6. Uniform Building Code - Appendix Section 3312.1 — Cuts. Section 3312.1
in the Appendix of the Uniform Building Code is amended as follows:
3312.1 General. Unless otherwise recommended in the approved soils engineering or
engineering geology report, cuts shall conform to the provision of this section.
If walls or rockeries are needed for retaining cuts or fills or supporting buildings, they
will be constructed under Washington State Department of Transportation standards.
Keystone (concrete block) over four (4) feet to be engineered. Rockeries (rock and
gravity block wall) will be required to meet Washington State Department of
Transportation standards for six (6) feet and over. All rockeries and walls shall have a
drain system as required for foundations.
In the absence of an approved soils engineering report, the provisions may be waived for
minor cuts if in the opinion of the Building Official there would not be an erosion
problem.
Page 3
C:1Documents and Settings\rmu11er1Local SettingsVremporary Internet riles OLKI I1Ordinance No.RC Revised 2-19-03_doc
Section 7. Uniform Building Code. - Amend Appendix section 421.1, Outdoor
Swimming Pool. Section 421.1, Item 1 of the Uniform Building Code, Appendix Section 421.1
is amended as follows:
1. The top of the barrier shall be at least 60 inches above grade measures on the side of
the barrier that faces away from the swimming pool. The maximum vertical clearance
between grade and bottom of the barrier shall be 2 inches (51 ram) measured on the side
of the barrier that faces away from the swimming pool. The maximum vertical clearance
at the bottom of the barrier may be increased to 4 inches (102 mm) when grade is a solid
surface such as a concrete deck, or when the barrier is mounted on the top of the
aboveground pool structure. When barriers have horizontal members spaced less that 45
inches (1143 mm) apart, the horizontal members shall be placed on the pool side of the
barrier. Any decorative design such as protrusions, indentations or cutouts, which render
the barrier easily climbable, is prohibited.
EXCEPTION: R Division 3 occupancy pools may be 48 inches.
Section 8. Uniform Buildin_ Code — Amend A) endix Chaster 34 Life Safet
Requirements. Chapter 34 is amended by the addition of Sections 3413, 3414 and 3415 on Drug
Properties and Structures as follows:
Section 3413 —Drug Properties and Structures.
I. It is hereby declared that any building, structure and/or associated property
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
Section 102 of the Uniform Building Code of 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 such code and Washington
law, with the following modifications:
a. Due to public safety hazard in drug production facilities, the utilities shall be
disconnected;
b. Building(s) and structures will be inspected to determine compliance with all city
ordinances and codes;
c. Building(s) and any entry gates to the property will be secured against entry in
the manner set forth in the Dangerous Buildings Code;
d. No reconnection of utilities or reoccupancy of the building(s), structures or
property shall be allowed until all violations have been remedied, and all dangerous conditions
abated to the satisfaction of the Building Official and a notice of release for reoccupancy has
been received from the health department and sheriff's office; and
Page 4
C:IDocuments and Settingsslrmullcr\Local Scttinss\Temporary Internet Filcs\OLK 1 I10rdinance No.BC Revised 2-19-03.doc
e. If, in the opinion of the Building Official the dangerous conditions cannot be
remedied no occupancy or use shall be allowed during the pending of City process and appeal.
Section 3414—Notice, order of the Building Official and appeal.
1. Upon making a determination of a dangerous building as set forth in Section
3413, the Building Official shall cause to be served and posted a complaint with respect to the
building or structure that it is unfit for human habitation. The complaint shall be in substantial
compliance with RCW 35.80.030(c) as amended. Following the service or posting of a
complaint, a hearing shall be held not less than ten (10) days nor more than thirty (30) after the
complaint for the purpose of receiving testimony and evidence on the matters alleged. The
Building Official may determine that the building or structure is unfit for human habitation or
other use if a finding is made that conditions exist which are dangerous or injurious to the health
or safety of the occupants, the premises, the occupancy of neighbors or other residents of the
municipality. The conditions relating to a determination that the building or structure is unfit for
occupancy shall be prescribed by the uniform codes of the City, adopted ordinances, County
I-Iealth Department Standards and other rules and regulations which are applicable to the subject
property. The Building Official shall also determine whether the building shall be repaired or
demolished based upon the above standards.
2. If the Building Official determines that the building or structure is unfit for
human habitation or other use, a finding shall be made and delivered personally to the owner or
party in interest or posted in a conspicuous place from the property. The finding shall contain an
order that requires owner or party in interest, within the time specified, to repair, alter, improve,
remove or demolish such building or structure. Following delivery of the Building Official's
Order, the owner or any party in interest shall within 30 days from the date of service and
posting of the order file an appeal with the City Hearing Examiner. All matters appealed to the
Hearing Examiner shall be resolved within sixty (f.0) days from the date of filing of the appeal.
A transcript of the proceedings before the Hearing Examiner shall be maintained. Any person
affected by the Hearing Examiner Order, may, within thirty (30) days after posting and service of
the Order, petition to the Superior Court for an injunction restraining the Building Official from
carrying out the provisions of the Order. The Superior Court is authorized to affirm, reverse or
modify the Order including* a trial de novo. For the purpose of administering this section, the
Building Official and the Hearing Examiner is authorized to exercise that power and authority as
set forth in RCW 35.80(3).
Section 3415 — City performance or work of demolition or repair, and recovery of the
costs.
1. If the owner or party in interest following exhaustion of the rights to appeal, fails
to comply with the final order to repair, improve, vacate, close, remove, or demolish the
dwelling, building, structure, or premises, the Building Official may direct or cause such
dwelling, structure, building, or premises to be repaired, altered, improved, vacated and closed,
removed, or demolished.
2. The amount of the cost of such repairs, alterations, or improvement; or vacating
Pave 5
C:1Documcnts and Scuingslmiuller\Local Scuingsl'remporary Internet Files\OLKI I\Ordinance No.i3C Revised 2-19-03.doc
and closing or removal or demolition by the Building Official, shall be assessed against the real
property upon which such cost was incurred unless such amount was previously paid. Upon
certification by the City of the assessment amount being due and owing, the County treasurer
shall enter the amount of such assessment upon the tax rolls against the Property for the current
year and the same shall become a part of the general taxes for that year to be collected at the
same time and with interest at such rates and in such manner as provided for in Revised Code of
Washington 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to
be deposited to the credit of the general fund of the city. If the building, dwelling, structure, or
premises is removed or demolished by the Building Official, the Building Official shall, if
possible, sell the materials of such dwelling, building, structure, (or) premises, and shall credit
the proceeds of such sale against the cost of the removable or demolition and if there be any
balance remaining, it shall be paid to the parties entitled thereto, as determined by the Building
Official, after deducting the costs thereto.
3. The assessment shall constitute a lien against the property which shall be of equal
rank with State, County and Municipal taxes.
Section 9. Uniform Code-Copies on File. The City Clerk is to maintain one copy of
the Uniform Building Code, as amended.
Section JO. Liability. The intent of the City of Spokane Valley is that the
responsibility for compliance with the provisions of this ordinance shall rest with the permit
applicant and their agents. This ordinance is adopted to protect the health, safety and welfare of
the general public and is not intended to protect any particular class of individuals or
organizations.
Section 11. 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 12. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided publication of this Ordinance or a summary thereof occurs
in the official newspaper of the City as provided by law.
PASSED by the City Council this rgS day of Pebruar 2003.
Mayor, Michael DeVlemi
ATT "
►� _ .1 ., , .�_ �
Interim Cl y Clerk, Ruth uller
Page 6
C:IDocuments and Settings\nnuller\Local Settings\Tcmporary Internet FilestOLKI I\Ordinance No.13C Revised 2-19-03.doc
0 0
Approved As To Form:
In grin 'ity A , iey Stanley i . Schwartz
Date o f Publication. if.lan,�„ 2 Si Zeo3
Effective Date:
•
Page 7
C:1Doeuments and SeninkslrmullerlLocal Setting&Temporory Internet Files\OLK I l\Ordinance No,RC Revised 2-19-03.doc