Chapter 9.05
COUNTY PROVISIONS ADOPTED
Sections:
9.05.010 Authority to adopt Pierce County Code.
9.05.020 Adoption of administrative rules.
9.05.030 Adoption of certain other laws.
9.05.040 PCC 8.72.110, Exemptions, amended.
9.05.010 Authority to adopt Pierce County Code.
Pursuant to RCW 35A.12.140 and 35A.13.180, the City adopts by reference Chapters 8.12, Food Service Sanitation; 8.16, Smoking in Public Places; 8.20, Rodent Control; 8.30, Solid Waste Handling System; 8.32, Solid Waste Collection and Disposal Regulations; 8.34, Underground Storage Tanks; 8.36, On-Site Sewage Disposal Systems; 8.38, Infectious Waste Management; 8.40, Public Water Systems; 8.44, Swimming Pools; 8.72, Motor Vehicles and Public Disturbance Noise; 8.76, Noise Pollution Control; 8.84, Tire Storage Yards, of PCC Title 8, Health and Welfare, as presently constituted or hereinafter amended, as regulations of the City.
(Ord. 223 § 1, 1999; Ord. 49 § 1, 1995).
9.05.020 Adoption of administrative rules.
There are hereby further adopted by reference any and all implementing and administrative rules and enforcement remedies now in effect regarding health and welfare that have been adopted pursuant to Chapter 2.06 PCC, and PCC Title 8 except that, unless the context requires otherwise, any reference to the “County” or to “Pierce County” shall refer to the City of University Place, and any reference to County staff shall refer to the City Manager or designee.
(Ord. 49 § 2, 1995).
9.05.030 Adoption of certain other laws.
To the extent that any provision of the Pierce County Code, or any other law, rule or regulation referenced in the health and welfare chapters is necessary or convenient to establish the validity, enforceability or interpretation of these regulations, then such provision of the Pierce County Code and chapter, or other law, rule or regulation, is hereby adopted by reference.
(Ord. 49 § 3, 1995).
9.05.040 PCC 8.72.110, Exemptions, amended.
PCC 8.72.110, Exemptions, is hereby amended to read as follows:
A. Between the hours of 7:00 a.m. and 9:00 p.m. on Monday through Friday and between 8:00 a.m. and 8:00 p.m. on Saturdays, Sundays and holidays, the following shall be exempt from this chapter; however, other state and local restrictions may apply:
1. Sounds originating from a single residential property as a result of temporary projects for the construction, maintenance, or repair of homes, grounds, and appurtenances;
2. Sounds created by the discharge of firearms on authorized shooting or firing ranges;
3. Sounds created by blasting;
4. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible;
5. Sounds created by the installation or repair of essential utility services;
6. Sounds created by the discharge of legal fireworks are exempt from this chapter only during the specific days, times, and in the locations where discharge is allowable pursuant to existing state and local law (e.g., Chapter 5.08 PCC);
7. Sounds originating from forestry activities (although they are not similarly exempted from Chapter 8.76 PCC).
B. The following shall be exempt from this chapter; however, other state and local restrictions may apply:
1. Sounds from electrical substations and existing stationary equipment used in the conveyance of water or wastewater by a utility;
2. Sounds from existing industrial installations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours which would affect exemptions under this regulation require approval of the Tacoma-Pierce County health department;
3. Sounds commonly associated with an existing commercial operation which has been approved through a public hearing process and is operating in compliance with any permit conditions;
4. Sounds commonly associated with an existing commercial operation which was established prior to the effective date of any land use regulation(s) and is thereby nonconforming;
5. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations;
6. Sounds created by surface carriers engaged in interstate commerce by railroad;
7. Sounds created by warning devices not operated continuously for more than five minutes (bells, chimes, and carillons);
8. Sounds created by safety and protective devices where noise suppression could defeat the intent of the device or is not economically feasible;
9. Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety, or welfare of the community;
10. Sounds originating from motor vehicle or motorcycle racing events at existing authorized facilities, or being sanctioned by a responsible authority under valid permit or license;
11. Sounds originating from officially sanctioned parades and other public events under valid permit or license;
12. Sounds emitted from petroleum refinery boilers during startup of said boilers; provided, that the startup operation is performed during daytime hours whenever possible.
C. Exceptions to this chapter:
The community development director, or his designee, may, when work is of urgent necessity and in the interest of public safety and convenience, permit construction noises and construction in public rights-of-way and public facilities at hours other than those listed in subsection (A). Any such permission shall be granted in writing.
(Ord. 423 § 15, 2004; Ord. 196 § 1, 1998; Ord. 146 § 1, 1997).