Chapter 15.04
UNIFORM CODES ADOPTED
Sections:
15.04.010 Codes adopted by reference.
15.04.014 International Fire Code--Sections deleted.
15.04.015 International Fire Code amended.
15.04.016 International Fire Code--Language added.
15.04.040 Fees--Amount established by the council.
15.04.050 International Property Maintenance Code--Adopted.
15.04.060 International Property Maintenance Code--Amendments.
15.04.070 International Property Maintenance Code--Interpretation.
15.04.010 Codes adopted by reference.
The following codes or standards, except for any appendices specially excluded by the provisions herein, one copy of which is on file in the office of the city clerk-treasurer or such other location as may be authorized by the clerk-treasurer, together with supplements and appendices to said volumes, are adopted by reference, as if set forth fully in this chapter subject to any amendment enacted in the provisions of the municipal code:
A. International Building Code (the IBC), published by the International Code Council, Inc., and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof except for the following appendices: A, B, D, E, H, I, J, K, L, and M.
B. International Residential Code (the IRC), published by the International Code Council, Inc., and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof except for the following appendices: F, I, J, L and P.
C. International Mechanical Code, published by the International Code Council, Inc.; provided, 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) and any successor code or standard in such form and with such amendments as may from time to time be mandatorily required by state law to any referenced code or standard, whether by action of the Legislature or the properly delegated agency thereof except for the following appendix: B.
D. International Fire Code published by the International Code Council, Inc., including those standards of the National Fire Protection Association specifically referenced in the International Fire Code, and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof; provided, that notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles, except for Appendices A, B, C, F, H, and J.
E. Except as provided in RCW 19.27.150, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, and any successor uniform standards which may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof; provided, that any provisions of such codes affecting sewers or fuel gas piping are not adopted.
F. The Uniform Code for the Abatement of Dangerous Buildings, 1997, published by the International Conference of Building Officials.
G. Such rules, regulations, and standards as may from time to time be adopted by the State Building Code Advisory Council, pursuant to the authority granted in Chapter 70.92 RCW, establishing standards relating to making buildings and facilities accessible to and usable by physically disabled or elderly persons.
H. The International Energy Code, as authorized by RCW 19.27A.020, as promulgated in Chapter 51-11 WAC, each as now existing or hereafter amended, supplanted, or succeeded.
I. International Existing Building Code (the IEBC) and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof.
J. The International Fuel Gas Code (the IFGC) and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof.
K. The International Property Maintenance Code (the IPMC) and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof.
L. The International Code Council Performance Code (the ICCPC) and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof.
M. The International Swimming Pool and Spa Code (the ISPSC) and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof.
N. The International Energy Conservation Code (the IECC) and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the Legislature or the properly delegated agency thereof. (Ord. 1123 §1, 2013: Ord. 1054 §1, 2004: Ord. 1023 §1, 2001: Ord. 891 §1, 1992: Ord. 789 §1, 1984: Ord. 700 §1, 1979: Ord. 636 §1, 1977).
15.04.011 Purpose.
By the adoption of the codes and standards set forth within Chapter 15.04 of this code, it is the intent and purpose of the city to protect the general health, safety and welfare by establishing minimum standards for the location, design, construction and occupancy of buildings within the city of Elma. It is not the intent, purpose, or result of these adoptions to establish a special duty to any individual or entity, including by way of representation and not by way of limitation, any resident, property owner or contractor. (Ord. 1054 §2, 2004).
15.04.014 International Fire Code--Sections deleted.
The following sections of the International Fire Code shall be deleted:
A. Section 105.6.
B. Section 308.4.1.
C. Section 408.11.1.1. (Ord. 1123 §3, 2013: Ord. 1054 §5, 2004).
15.04.015 International Fire Code amended.
§307 of the International Fire Code shall be amended to read as follows:
Outdoor burning within the City shall be conducted in accordance with and subject to the provisions of Chapter 15.14.130 EMC and applicable state statutes and regulations.
(Ord. 1054 §6, 2004).
15.04.016 International Fire Code--Language added.
There shall be added to §3301.3.1 of the International Fire Code additional language to read as follows:
Notwithstanding any other provision of the Municipal Code which might be deemed to authorize such use, no explosives, explosive materials, fireworks, pyrotechnic compositions, pyrotechnic special effects, or pyrotechnic special-effect materials shall be discharged within any building within the City.
(Ord. 1054 §7, 2004).
15.04.018 Fee schedule.
A. Any fee schedule contained within a code adopted pursuant to Section 15.04.010 of this chapter shall be deemed to be in effect within the corporate limits, but shall be deemed to be repealed and supplanted to the extent any such schedule is inconsistent with any fee schedule established by resolution of the city council.
B. In the event that no fee is established by any code adopted by reference in Section 15.04.010 of this chapter in relation to the issuance of a building permit or any other permit required to be issued by such codes, that fee may be established by resolution of the city council. (Ord. 1054 §8, 2004).
15.04.020 General.
A. Any appeal allowed by or under any of the codes adopted in Section 15.04.010 and taken from a decision or determination of the responsible enforcement official shall be heard and decided by the hearing examiner serving pursuant to the provisions of Chapter 2.20. Such city employee as may be designated by the mayor shall act as secretary to the hearing examiner. The hearing examiner may adopt such rules of procedure for conducting business, including the nature of any notices in relation to parties to such hearings as the hearing examiner deems necessary and appropriate and shall render all decisions and findings in the manner required pursuant to the provisions of Chapter 2.20.
B. Limitations Upon Authority. The hearing examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the hearing examiner be empowered to waive requirements of this code. (Ord. 1032 §1, 2002)
15.04.030 Authority.
In recognition of the exclusive authority granted to the hearing examiner pursuant to Section I, the provisions of any section of any of the codes adopted in Section 15.04.010 of this code relating to an appellate process shall be deemed supplanted to the extent any such section is inconsistent with Section 15.04.020. By way of example and not by way of limitation, this shall include Section 105 of the Uniform Building Code, Section 103.1.4 of this Uniform Fire Code, and Section 110 of the Uniform Mechanical Code. (Ord. 1032 §2, 2002)
15.04.040 Fees--Amount established by the council.
The fee and associated costs, if any, to be paid in order to initiate any appeal to be heard under the provisions of Section 15.04.020 shall be in such amount as may be established by resolution of the council. (Ord. 1032 §3, 2002)
15.04.050 International Property Maintenance Code--Adopted.
The International Property Maintenance Code (the IPMC), as published by the International Code Council, as now existing within its 2012 edition or hereafter amended or succeeded, is adopted with the exceptions set forth in Section 15.04.060. (Ord. 1139 §1, 2015).
15.04.060 International Property Maintenance Code--Amendments.
In the implementation and administration of the IPMC, the following provisions shall apply:
A. References to the Board of Appeals in Section 111 shall be deemed to refer to the hearing examiner system of Chapter 2.20.
B. Subsection 301.3, Vacant buildings and land, is repealed in its entirety and replaced by the following:
301.3 Vacant Buildings. All vacant buildings and premises thereof must comply with this Code. Vacant buildings shall be maintained in a clean, safe, secure, and sanitary condition as provided herein so as not to cause a blighting problem or otherwise adversely affect the public health, safety, or quality of life.
301.3.1 Appearance. All vacant buildings must appear to be occupied or appear able to be occupied with little or no repairs.
301.3.2 Security. All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes.
301.3.2.1 Architectural (Cosmetic) Structural Panels. Architectural structural panels may be used to secure windows, doors, and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi-glass: PROVIDED THAT, untreated plywood or similar structural panels may be used to secure windows, doors, and other openings for a maximum period of 30 days within any 90 day period.
301.3.2.2 Security Fences. Temporary construction fencing shall not be used as a method to secure a building from entry: PROVIDED THAT, such fencing may be used for a maximum period of 30 days within any 90 day period.
301.3.3 Weather Protection. The exterior roofing and siding shall be maintained as required in Section 304.
301.3.4 Fire Safety.
301.3.4.1 Fire Protection System. All fire suppression and alarms systems shall be maintained in a working condition and inspected as required by the Fire Department.
301.3.4.2 Flammable Liquids. No vacant building or premises or portion thereof shall be used for the storage of flammable liquids or other materials that constitute a safety or fire hazard.
301.3.4.3 Combustible Materials. All debris, combustible materials, litter, and garbage shall be removed from vacant buildings, their accessory buildings, and adjoining yard areas. The building and premises shall be maintained free from such items.
301.3.4.4 Fire Inspections. Periodic fire safety inspections may be required at intervals set forth by the Building Official or his designee.
301.3.5 Plumbing Fixtures. Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system shall be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes.
301.3.5.1 Freeze Protection. The building’s water systems shall be protected from freezing.
301.3.6 Electrical. Electrical service lines, wiring, outlets, or fixtures not installed or maintained in accordance with applicable codes shall be repaired, removed, or the electrical services terminated to the building in accordance with applicable codes.
301.3.7 Heating. Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with applicable codes.
301.3.8 Interior Floors. If a hole in a floor presents a hazard, the hole shall be covered and secured with three-quarter (3/4) inch plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six (6) inches.
301.3.9 Termination of Utilities. The code official may, by written notice to the owner and to the appropriate water or electricity utility, request that water or electricity service to a vacant building be terminated or disconnected.
301.3.9.1 Restoration of Service. If water, or electricity service has been terminated or disconnected pursuant to Section 313.9, no one except the utility may take any action to restore the service, including an owner or other private party requesting restoration of service, until written notification is given by the code official that service may be restored.
301.3.10 Notice to Person Responsible. Whenever the code official has reason to believe a building is vacant, the code official may inspect the building and premises. If the code official determines a vacant building violates any provision of this section, the code official shall notify, in writing, the owner of the building or real property upon which the building is located, or other person responsible, of the violations and required corrections and shall be given a time frame to comply. The notice either may be personally served upon the responsible individual or mailed by USPS, postage prepaid, by both 1st class mail and certified mail, return receipt requested. If personally served, the date of service shall be the first day upon which the period allowed for any corrective action or appeal shall commence. If mailed, those periods shall commence upon the third business day after the notices being deposited with the USPS.
301.3.10.1 Alternate Requirements. The requirements and time frames of this section may be modified under an approved Plan of Action. Within 15 days of notification that a building or real property upon which the building is located is in violation of this Section, an owner may submit a written Plan of Action for the code official to review and approve if found acceptable. A Plan of Action may allow:
1) Extended use of non-architectural panels
2) Extended use of temporary security fencing
3) Extended time before the demolition of a building is required
4) For substandard conditions to exist for a specific period of time, provided the building is secured in an approved manner. When considering a Plan of Action, the building official shall take into consideration the magnitude of the violation and the impact to the neighborhood.
301.3.11 Enforcement. To the extent enforcement procedures are not provided by other provisions of this ordinance, violations of this section shall be enforced according to the provisions and procedures of Section 17.40.080 of the Elma Municipal Code, as now existing or hereafter amended or succeeded, and be subject to the monetary penalties contained therein, as well as the actions set forth in the following subsections.
301.3.11.1 Abatement. A building or structure accessory thereto that remains vacant and open to entry after the required compliance date is found and declared to be a public nuisance. The code official is hereby authorized to summarily abate the violation by closing the building to unauthorized entry. The costs of abatement shall be collected from the owner in the manner provided by law.
301.3.11.2 Unsafe Buildings and Equipment. Any vacant building or equipment therein, declared unsafe is subject to the provisions of Section 108 and the demolition provisions of Section 110.
(Ord. 1139 §2, 2015).
15.04.070 International Property Maintenance Code--Interpretation.
To the extent the provisions of the International Building Maintenance Code, as adopted by Sections 15.04.050 and 15.04.060, conflict for purposes of civil enforcement with any provision of the municipal code, including but not limited to the provisions of Chapters 8.16 and 17.40 and the statutes adopted by reference in Section 9.90.900, the provisions of the International Property Maintenance Code shall control. (Ord. 1139 §3, 2015).