Ordinance 04-010 Establishes Article III of UDC; Building Codes CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-010
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, ESTABLISHING ARTICLE 11 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
R.CW 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 HI of the Spokane Valley Development Code is hereby established to read as
follows:
ARTICLE UT •
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:
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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(1FGC), Sizing and Capacities of Gas Piping.
Appendix B (iFGC), Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods,
Category 1 Appliances and Appliances Listed for Use and Type 13 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.
(WC) except that the standards for liquefied petroleum gas installations shall be NFPA 58
(Storage and Handling of Liquefied Petroleum Gases)and ANSi 7223.i/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.
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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).
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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 host Winter Ice Air Mean
Speed Decay Design
Hood
Snow P' Design Weathering inc Termites Dcca Desi n Shield I=reeze Annual
Load (Gust) Category depth Temp Underlay Hazards Index Temp
39 Slight to None to , 200
Ibs/ftz 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 1 8.43 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 3.02.04
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.
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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 'h 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 clone 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
I.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 [RC Section R323 Flood-
Resistant Construction as amended.
Section 3.02.11 Reserved.
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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.
Section 3.03.2 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.
t). 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 1APMO.
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 NEPA 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
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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
he 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 RC\V 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.
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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 July 1,2004.
Approved by the City Council this 2id day of March, 2004.
Michael DeVleming, Ma or
A
Ch istine Bainbridge, City Clerk I
Approved as t r •
Cary P. skell, D6puty-t.:ity Attorney
Date of publication: - -0 5/
Effective date: _3 -//-D 7
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