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Ordinance 04-047 Amends SVMC 10.15 Building Code • • • CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 04-047 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING CHAPTER 10.15 ARTICLE I OF THE SPOKANE VALLEY MUNICIPAL CODE, RELATING TO THE BUILDING CODE. WHEREAS, Washington statutes require all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington; and • WHEREAS, Washington requires that amendments to the Residential Code or Building Code that affect structures containing up to four living units be submitted to the State Building Code Council for review and approval after local jurisdiction action; and WHEREAS, the State Building Code Council has disapproved two amendments;and WHEREAS,the Spokane Valley Fire District#1 has requested a modification in Fire Hydrant Spacing Requirements. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: SECTION 1. Chapter 10.15,Article 1 of the Spokane Valley Municipal Code is hereby amended to read as follows: Chapter 10.15 BUILDINGS AND CONSTRUCTION Article I. BUILDING CODE 10.15.010 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: A.1.The 2003 International Building Code(IBC) published by the International Code Council,Inc. The following appendices are specifically adopted: Appendix H, Signs. Appendix I, Patio Covers. 2. The 2003 International Residential Code (IRC)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 H, Patio Covers. Ordinance 04-047 Amending SVMC 10.15 Page 1 of 7 Appendix J, Existing Buildings and Structures. B. The 2003 International Mechanical Code (IviC) published by the International Code Council,Inc., 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). C. The 2003 international Fire Code(IFC), published by the International Code Council, Inc., 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 handheld 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. D. 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 A, B, C, and D of this section, the first-named code shall govern over those following. E.The 2003 International Fuel Gas Code(IFC) as published by the International Code Council,Inc. F. The 2001, Second Edition, Washington State Energy Code Chapter 51-11 VAC. G. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials,Whittier California. H.The 2003 International Property Maintenance Code as published by the International Code Council, Inc. 10.15.020 General Requirements for all Referenced Codes: A. Conflict between Codes. Whenever there is a conflict between a referenced code in SVMC 10.15.010 and the general requirements contained in this section,the general requirements shall apply. B. Reserved. Ordinance 04-047 Amending SVMC 10.15 Page.2 of 7 7 C. Design Requirements: Ground Wind Seismic Frost Winter Ice Air Mean Snow, Speed Design Weathering line Termites Decay Design Shield Flood Freeze Annual Load Category depth Temp Underlay Hazards * Index Temp (Gust) 39 Slight to None to 2003 (1xsll1r 85 mph C Severe 24" Moderate slight 10° Yes 1992 1232 47.2° FIRM *Minimum roof snow load to he 30 lbs/ft2 in the City of Spokane Valley. D. Professional Preparation of Plans. The City of Spokane Valley shall require a Washington licensed design professional, licensed under the provisions of Chapters 18.08 or 18.43 RCW or Chapter 308-12 VAC 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 4,000 square feet of construction. F. Construction Plans. All submitted construction documents must be of sufficient detail to show the entire project with emphasis on the following: 1. Structural integrity; 2. Life safety; 3. Architectural barriers(ADA handicap compliance); 4. Compliance with all codes having jurisdiction; 5. Scope of work; 6. Special Inspection requirements and protocols; 7. Deferred Submittal Schedule. In general,the amount of detail required will vary, depending on the nature and complexity of the project. F. Permits. 1. Ownership. The ownership of a Spokane Valley development permit inures to the property owner. The permit applicant is,by definition, an agent of the property owner if not the property owner. 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 ISO 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 one-half the permit fee for the value of the remainder of the work to finish the original permit. G. Referenced Codes. All referenced codes are available for review at the City of Spokane Valley permit center. H. 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. 1. Investigation Fees- Work without a Permit. a. investigation. Whenever any work for which a permit is required by this article 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 article. The minimum investigation fee shall be the same as the minimum fee set forth in Ordinance 04-047 Amending SVMC 10.15 Page 3 of 7 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 article nor from any penalty prescribed by law. 2. Fee Refunds. The building official may authorize the refunding of: a. One hundred percent of any fee erroneously paid or collected; b.Up to 80%of the permit fee paid when no work has been done under a permit issued in accordance with this article; c. 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 pennitee not later than 180 days after the date of fee payment.. 1. Appeals. All appeals of any building official decision,order or determination relative to the application and interpretation of this article shall be made in conformance with SVMC 10.30.560(B). J. 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 1RC, Section R323 Flood-Resistant Construction,as amended. K. Reserved. *Code rcvicr's note:A copy of the master fee schedule is kept on file in the office of the Spokane Valley City Clark. 10.15.030 Amendments to the referenced codes. A. 2003 International Building Code. 1. 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. B. 2003 International Residential Code. 1. 1. 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. 2. 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. 3. 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. Ordinance 04-047 Amending SVMC 10.15 Page 4 of 7 4. Delete Part IV—Energy Conservation in its entirety. 5. Delete Part VII - Plumbing in its entirety. References to chapters in Part VIT shall be made instead to the appropriate sections of the 2003 Uniform Plumbing Code published by TAPMO. 6. 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. C. 2003 International Mechanical Code-Reserved. D. international Fire Code Amend Appendix C: add two exceptions after the last paragraph in C1 05.1 Hydrant spacing. Exception 1: 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. Exception 2: The required average maximum spacing of 600 ft. nominally between hydrants for one and two-family building areas, on fire department access roads of public rights-of-way shall be required. Hydrants are to be located within border easements at street intersections or on abutting property lines when an intersection is not present. Buildings proposed to be located on dead-end or cul-de-sac sterets shall comply with 2003 ]FC50S.5 Fire Hydrant Systems. 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. E. 2003 Uniform Plumbing Code—Reserved F. 2003 International Fuel Gas Code-Reserved. G. 2001 Second Edition,Washington State Energy Code-Reserved. H. 1997 Uniform Code for the Abatement of Dangerous Buildings. 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: Ordinance 04-047 Amending SVMC 10.15 Page 5 of 7 • 19.1 Due to public safety hazard in drug production facilities, the utilities shall be disconnected; 19.2 Building(s) and structures shall be inspected to determine compliance with • all city ordinances and codes; 19.3 Building(s)and any entry gates to the property shall be secured against entry in the manner set forth in this code; 19.4 No reconnection of utilities or occupancy of the building(s), structures or property shall be allowed until all violations have been successfully addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriffs office; and 19.5 If dangerous conditions cannot be abated, occupancy shall be prohibited. Resolution of said property shall be i.n conformance with RCW 35.S0A.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 RCW Title 8, 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 12 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. 1. 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. • • Ordinance 04-047 Amending SVMC 10.15 Psigc 6 of 7 SECTION 3. Effective date. This ordinance shall .be i.n 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 9th day of November, 2004. Michael DeV erring, Mayor A .. T. /41..... ,A4' ..- ..- Z. : `hristine Bainbridge, City Clerk Approved as to form: • 1 • . ? TyJ I 1w4-�� Cary D�ll, Deputy 6i Attomey Date of publication: I/ — /9--dT Effective date: if -2‘./- 4// • • • Ordinance 04-047 Amending SVMC 10.15 • Page 7 of 7