Loading...
HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 04/19/2004 Planning 8z Economic Development • Committee Agenda KENT Councilmembers: Ron Harmon•Bruce White•Tim Clark Chair WASHINGTGN APRIL 19, 2004 4:00 p.m. Item Description Action Sneaker Time Page 1. Approval of Minutes dated March 15, 2004 YES 3 2. hitemational Building Code Updates YES Bob Hutchinson 20 min 5 Ordinance &Resolution 3. County Wide Planning Policies YES Charlene Anderson 20 min 75 Designating Auburn as an Urban Center Unless otherwise noted, the Planning Committee meets at 4:00 p.m. on the 3`d Monday of each month. Council Chambers East,Kent City Hall,220 4th Avenue South,Kent,98032-5895. For information please contact Planning Services at(253)856-5454. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES March 15,2004 COMMITTEE MEMBERS: Chair Tim Clark,Ron Harmon, Bruce White The meeting was called to order by Chair Clark at 4:10 P.M. Approval of Minutes of October 21, 2003 Committee Member Harmon moved and Chair Clark seconded a motion to approve the minutes of the October 21, 2003 meeting. The motion carried 2-0 with Chair Clark noting he has the approval of Member White. Building Codes Update Building Official, Bob Hutchinson stated that the new building codes will be effective Statewide July 1, 2004 in accordance with the State Building Code Act and the Washington Administrative Code Rules as promulgated by the State Building Code Council. These changes adopt the 2003 additions of the International Building Code, Residential Code and Mechanical Code, and will include the Uniform Plumbing Code in the 2003 edition. Mr. Hutchinson stated that the International Codes replace the Uniform Codes. He described how the new International Codes were created and how these codes will regulate buildings and their construction. Mr. Hutchinson stated that staff intends to bring a proposal for a resolution and subsequent adoption of an ordinance back to the Planning and Economic Development Committee incorporating amendments that integrate the new codes into the City's organizational structure, incorporating housekeeping changes and updating fees charged for permits and plan review. Mr. Hutchinson addressed Chair Clark's concerns regarding transitioning to the new code and Member Harmon's concerns regarding manufactured housing standards. Planning Services Work Program- 2004 Planning Manager Charlene Anderson presented the Planning Services Work Program to the Board for the 2004 year. She stated that Planning Services is responsible for land use planning matters in Kent including the Comprehensive Plan, zoning, subdivision, and various other regulatory codes. Ms. Anderson described the various projects and the timelines allocated to complete the projects Planning Services will be working on in 2004. Urban Center/Downtown Analysis Planning Manager Charlene Anderson stated that this subject was brought before the Committee at their October 21, 2003 meeting for discussion. She stated that initiating this study was the result of a letter received from a citizen requesting that the City analyze the area east of Railroad in relation to the City's downtown planning efforts. Ms. Anderson stated that staff has considered broadening the scope of this analysis to include the downtown area covered by the Downtown Strategic Action Plan. She stated that after staff has completed their research, the first public outreach is tentatively scheduled for May 17 with a second public open house scheduled in June, to be followed with a workshop before the Land Use and Planning Board, including a SEPA analysis then coordinating this effort with the annual comprehensive plan amendments for completion by years end. Chair Clark expressed concerns with the potential for traffic impacts caused by the development of the Kent Station property and the relocating of the buses from the King County Metro Park and Ride Facility over to the Kent Station. Chair Clark adjourned the meeting at 4:45 p.m. Pamela Mottram, Admin Secretary, Planning Services S:IPermitlPlanlPlanning Committee11004tMinutes1031504pc-min.doc COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director • BUILDING SERVICES KENT Robert D. Hutchinson, Manager WASHINGTGN Phone:253-856-5401 Fax: 253-856-6421 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: APRIL 12, 2004 TO: CHAIR TIM CLARK AND PLANNING&ECONOMIC DEVELOPMENT COMMITTEE MEMBERS FROM: BOB HUTCHINSON, BUILDING OFFICIAL SUBJECT: BUILDING AND FIRE CODES ADOPTION AND AMENDMENTS MOTION: I move to recommend that the City Council enact ordinances adopting the International Building, Residential, Mechanical, and Fire Codes and the Uniform Plumbing Code, together with the City's local amendments to those codes, and that the Council adopt the proposed fees resolution for those codes, subject to final review and amendment by the City Attorney. SUMMARY: As discussed at this Committee's last meeting on March 15`b,the 2003 edition of the International Building, Residential, Fire and Mechanical Codes and the 2003 Uniform Plumbing Code, with statewide amendments, will replace the 1997 Uniform Building,Fire and Mechanical Codes and the 2000 Uniform Plumbing Code, effective July I, 2004. Attached are a proposed ordinance to adopt and amend the new Fire Code(IFC); another proposed ordinance to adopt and amend the new Building, Residential, Mechanical and Plumbing Codes; and a proposed resolution to establish updated permit fees and related fees. BUDGET IMPACT: The fees resolution increases plumbing and mechanical permit and plan review fees by approximately 15%, resulting in a revenue increase projected to about $10,000 for the last half of 2004. Some additional revenue increase is likely from other increases, but is not projected to be substantial. BACKGROUND: As discussed at this Committee's last meeting on March 15"',the replacement of the older editions of the Uniform Codes with the 2003 editions of the International Codes and Uniform Plumbing Code July 1, 2004 is mandated by the Chapter 19.27 of the Revised Code of Washington and Chapters 51-50, 51-51, 51-52, 51-54 and 51-57of the Washington Administrative Code. The attached proposed ordinances provide local amendments which retain many current administrative provisions including: • Administration of grading regulations and flood plain regulations by the Public Works Director, • Appeals being heard by the City's Hearings Examiner, • Building permit exemptions for accessory buildings being limited to 120 square feet, • Consistent code enforcement procedures and penalties, and 0 0 Establishment of fees by City Council resolution. In addition,many of the proposed local amendments incorporate stand-alone fire protection requirements currently contained in Kent City Code Title 13 into the International Fire Code. Many other changes incorporated in the proposed ordinances simply update various Kent City Code references from "Uniform"to"International"Codes. The proposed fee resolution updates current fees related to the building and fire codes by: • Retaining the current basis of assessing building permit plan review fees at 65% of permit fees, plumbing and mechanical plan review fees at 25% of the permit fees, • Increasing plan review fees for "basic" single-family residence designs for repetitive use from $50 to $64,reflecting cumulative inflation since they were last set in 1994, • Increasing hourly charges for plan review of revisions, inspections outside of business hours, reinspections, and hydrant flow requests from $75 to $86,reflecting cumulative inflation since the last adjustment in 1998, • Retaining the current building permit fee table without changes, since periodic staff updating of cost figures used to calculate valuation keep building permit fees reasonably current, • Retaining the current provision of an investigation fee equal to the amount of the permit fee when work is illegally commenced prior to obtaining required permits, • Retaining the current appeal filing fee of$200, and • Adjusting certain fire code fees to reflect inflation since the last adjustment in 1998, while retaining current fees for others and increasing some fire code fees to more fairly reflect relative costs of administration and enforcement. RDH\pm:S:\Permit\Ds\I-Codes April Plan Comm.doc cc: Fred Satterstrom,AICP, Community Development Director i Planning Committee Meeting August 19,2003 Page 2 of 2 i ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending, as of July 1, 2004, Title 13 of the Kent City Code to repeal the adoption of the 1997 edition of the Uniform Fire Code; to adopt the 2003 edition of the International Fire Code, as amended by the Washington State Building Code Council in Ch. 51-54 of the Washington Administrative Code ("WAC"); and to make other housekeeping amendments to various Kent City Code provisions to reference the International Fire Code as opposed to the Uniform Fire Code. RECITALS A. As set forth in Title 13 of the Kent City Code, the City previously adopted the state Uniform Fire Code. B. Pursuant to Ch. 19.27 RCW, the 2003 edition of the International Fire Code, as adopted by the State of Washington, applies to all cities, including the City of Kent, effective July 1, 2004; therefore, it is appropriate to amend the Kent City Code to repeal the Uniform Fire Code, to adopt the International Fire Code with local amendments, and to make other housekeeping amendments to reference the International Fire Code. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 International Fire Code-Adoption ORDINANCE SECTION 1. — Amendment. Title 13 of the Kent City Code, entitled "Fire Prevention and Protection," is amended by the addition of a new chapter, Ch. 13.01, as follows: CHAPTER 13.01 FIRE CODES Sec. 13.01.010. Fire code — Adopted. In accordance with Ch. 19.27 RCW, the International Fire Code, 2003 edition, published by the International Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to the Washington Administrative Code ("WAC"), and as further amended in this chapter, is hereby adopted and incorporated by this reference. One (1) copy of the International Fire Code and the appendices adopted in KCC 13.01.030(A) below are on file with the City's fire code official. Sec. 13.01.020. Code conflicts. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of Chapter 13.01 of the Kent City Code, the Kent City Code provisions shall govern. Sec. 13.01.030. Amendments to the International Fire Code - Chapter 1, Administration. The following local amendments to Chapter 1 of the International Fire Code, entitled "Administration," are hereby adopted and incorporated into the International Fire Code: A. General - Fire code appendices adopted. Section 101 of the International Fire Code, entitled "General," is amended by adding the following new subsection 101.6: Sec. 101.6 Fire code appendices adopted. Appendices B, C, D, E, F, and G to the International Fire Code are hereby adopted. 2 International Fire Code-Adoption B. General authority and responsibilities — Retained authority. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new subsection 104.1.1: Sec. 104.1.1 Retained authority - Additional conditions. The fire code official retains the authority to impose additional conditions where the official determines it necessary to mitigate identified fire protection impacts. These conditions may include, by way of example and without limitation, increased setbacks, use of fire retardant materials, installation of standpipes, fire sprinkler and fire alarm systems C. General authority and responsibilities — Lot lines and setback lines. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the fire code official to administer and enforce the fire code, the fire code official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be implied. D. Permits - Fees. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new subsection 105.1.4: Sec. 105.1.4 Fees. The fire code official shall prepare a resolution establishing a schedule of fees for council consideration, which fees shall include the cost involved in the processing, issuance, and renewal of permits and certificates. Any fee schedule adopted by resolution shall govern the fee amount to be assessed for any permit or certificate and the fire code official shall collect those fees as a condition to issuance or renewal of any permit or certificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, shall result in the City's termination of the permit or certificate application. E. Permits - Term. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new subsection 105.1.5: 3 International Fire Code-Adoption Sec. 105.1.5 Term. Permits and certificates issued in accordance with this code shall be valid for a 12 month period and are renewable at the end of that 12 month term. F. Permits - Expiration of project permit application. Section 105 of the International Fire Code, entitled "Permits," is amended by substituting subsection 105.2.3 with the following: Sec. 105.2.3 Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to those deadlines. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application has been submitted, unless that application has been pursued in good faith. The fire code official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the fire code official. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee. G. Board of appeals. Section 108 of the International Fire Code, entitled `Board of appeals," is amended by substituting section 108 with the following: Sec. 108 Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building and fire codes. Appeals shall be made as set forth in section 13.01.120 of the Kent City Code. H. Violation penalties. Section 109 of the International Fire Code, entitled "Violations," is amended by substituting subsection 109.3 with the following: Sec. 109.3 Violation penalties. Any person who violates a provision of this code or fails to comply with any of its 4 International Fire Code-Adoption requirements or who erects, constructs, alters, or repairs a building or structure in violation of (a) the approved construction documents, (b) a directive of the fire code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Ch. 13.02 of the Kent City Code or as otherwise provided by law. Sec. 13.01.040. Amendments to the International Fire Code — Chapter 2, Definitions. The following local amendments to Chapter 2 of the International Fire Code, entitled "Definitions," are hereby adopted and incorporated into the International Fire Code: A. General definitions. Section 202 of the International Fire Code is amended to add the following four general definitions: APWA is the American Public Works Association. AWWA is the American Water Works Association. PRIVATE HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. PUBLIC HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes without restrictions as to use for that purpose and is accessible for immediate use at all times. Sec. 13.01.050. Amendments to the International Fire Code - Chapter 3, General Precautions Against Fire. The following local amendment to Chapter 3 of the International Fire Code, entitled "General Precautions Against Fire," is hereby adopted and incorporated into the International Fire Code: A. Vacant premises - Fire protection systems. Section 311 of the International Fire Code, entitled "Vacant Premises," is amended by substituting subsection 311.2.2 with the following: Sec. 311.2.2 Fire protection. Fire alarm, sprinkler, and standpipe systems shall be maintained in an operable condition at all times. 5 International Fire Code-Adoption Exception: If, in the opinion of the fire code official, the premises (a) has been cleared of all combustible materials and debris, (b) is of the type of construction with sufficient fire separation distance so as to not create a fire hazard, (c) has been secured to prohibit entry by unauthorized persons, and (d) has buildings that will not be heated, potentially exposing fire protection systems to freezing temperatures, then the fire code official may allow fire alarm and sprinkler systems to be placed out of service and may allow standpipes to be maintained as dry systems (without an automatic water supply). Sec. 13.01.060. Amendments to the International Fire Code - Chapter 5, Fire Service Features. The following local amendments to Chapter 5 of the International Fire Code, entitled "Fire Service Features," are adopted and incorporated into the International Fire Code: A. Fire service features - Fire apparatus access roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted. B. Fire apparatus access roads - Dimensions. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.2.1 with the following: Sec. 503.2.1 Dimensions. The following minimum dimensions shall apply for fire apparatus access roads: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2. In the immediate vicinity of any building or portion thereof in excess of 28 feet in height, the fire apparatus access road shall have an unobstructed width of not less than 26 feet (7924 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 3. At least one of the required fire apparatus access roads shall be located a minimum of 15 feet and a maximum of 25 feet from each building on the premises and shall be positioned parallel to one entire side of each building. The measurement for this requirement shall be taken from the exterior wall of the building to the nearest edge of the fire apparatus access road. 6 International Fire Code-Adoption C. Fire apparatus access roads - Bridges and elevated surfaces. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.2.6 with the following: Sec. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge or elevated surface shall be constructed and maintained in accordance with specifications established by the fire code official and the City's public works director, or their designees; at a minimum, however, the bridge or elevated surface shall be constructed and maintained in accordance with AASHTO Standard Specifications for Highway Bridges. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of a 30 or more ton fire apparatus, the total imposed load to be determined by the fire code official. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for that use, approved barriers or approved signs, or both, shall be installed and maintained, if required by the fire code official. D. Fire apparatus access roads - Marking. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.3 with the following: Sec 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways. Subject to the fire code official's prior written approval, marked fire apparatus access roads, or "fire lanes" as defined in section 502.1 of the code, may be established or relocated at the time of plan review, pre-construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads established by the fire code official can utilize red marking paint and the term "fire lane." Fire lanes shall be marked as directed by the fire code official with one or more of the following types of marking: 503.3.1 Type 1. The following shall apply to Type 1 marking: 7 International Fire Code-Adoption 1. Curbs shall be identified by red traffic paint with a 6 inch wide stripe on the top and front, extending the length of the designated fire lane. 2. Rolled curbs shall be identified by red traffic paint with a 6 inch wide stripe on the curb, extending the length of the designated fire lane. 3. Lanes without curbs shall be identified by red traffic paint with a 6 inch wide stripe on the pavement, extending the length of the designated fire lane. 4. The words "NO PARKING — FIRE LANE" shall be in 3 inch stroke white letters 18 inches in height, and placed 8 inches measured perpendicular from the red paint stripe on the pavement. In most cases, both sides of the access road shall be marked. Where long drives are to be marked, the repetitions shall alternate sides of the drive. 503.3.2 Type 2. The following shall apply to Type 2 marking: 1. In addition to the requirements for Type 1 marking, Type 2 marking shall also include the addition of metal signs stating "NO PARKING — FIRE LANE" to be installed at intervals or locations designated by the fire code official. The signs shall be approximately 12 inches in width and 18 inches in height and have red letters on a white background. Metal signs shall be installed on either 2 inch metal pipes, for private property, or treated 4 inch by 4 inch wood posts, for public property, and shall be located so that the bottom of the sign is a minimum of 7 feet above the curb. See, City of Kent engineering standard detail 6- 36(a) or (b) for post installation. Sign mounting shall be installed per City of Kent engineering standard detail 6-38. Where fire lanes are adjacent to buildings or structures and when approved or directed by the fire code official, the signs may be placed on the face of the building or structure. 503.3.3 Type 3. The following shall apply to Type 3 marking: 1. Where directed by the fire code official, specific areas shall be designated and those areas are to be marked with diagonal striping across the width of the fire lane. Diagonal marking shall be used in conjunction with painted curbs and/or edge striping and shall run at an angle of 30 to 60 degrees from one side to the other. These 8 International Fire Code-Adoption • diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering shall occur as with Type 1 marking. 503.3.4 Alternate materials and methods. The fire code official may modify, on a case-by-case basis, any of the marking provisions in this subsection 503.3 where practical difficulties exist. Modification requests shall be submitted in writing to the fire code official setting forth a suggested alternative. E. Access to building openings and roofs — Required access. Section 504 of the International Fire Code, entitled "Access to Building Openings and Roofs," is amended by substituting subsection 504.1 with the following: Sec. 504.1 Required access. The following points of access must be provided: 1. Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emergency access by the fire department. • 2. Each tenant space provided with a secondary exit to the exterior or exit corridor shall be provided with tenant identification by business name and/or address. Letters and numbers shall be posted on the corridor/exterior side of the door, be plainly legible, and shall contrast with their background. 3. An approved access walkway shall be provided to connect fire apparatus access roads to exterior openings. 4. All rescue windows shall be accessible by a 35- foot ground extension ladder placed so that the inclination of the ladder does not exceed 70 degrees. An area of discharge, 36 inches in all directions around the base of the ladder, shall be provided. Ladders and associated areas of discharge shall be located within the property lines. 5. All occupancies shall be required to provide approved life safety rescue access, as defined in section 902 of this code. Exception: Group U occupancies. 6. The provisions of this subsection shall apply if, at the time of the first permit application, the county assessed valuation for the building(s) subject to the permit application will increase by more than 50 percent due to alterations or repairs to the building(s) within any 70 month 9 International Fire Code-Adoption . time period. Additions to an existing structure shall be considered new construction and subject to the provisions of this section. If additions to an existing structure cause a building to meet the area, number of floor levels, or units that would subject a new building to the requirements of this section, the entire building will then be required to comply with this section. F. Fire protection water supplies— Existing non-conforming hydrants. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new subsection 508.1.1 as follows: Sec. 508.1.1 Existing non-confirming hydrants. At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does conform to the standards and requirements of this section. G. Fire protection water supplies — Where required. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting subsection 508.5.1 with the following: Sec. 508.5.1 Where required. All buildings or structures shall be located so that there is at least 1 hydrant within 150 feet, and no portion of the building or structure is more than 300 feet from a hydrant, as measured by an approved route. H. Fire protection water supplies — Installation requirements. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting subsection 508.5.7 with the following: Sec 508.5.7 Installation requirements. All fire hydrants shall be installed in accordance with the specifications established by the fire code official or his or her designee, or at a minimum, in accordance with the latest NFPA, APWA, or AWWA standards. In addition, unless modified by written decision of the fire code official, the following requirements shall apply to all building construction projects: 1. All fire hydrant piping, valves, and related appurtenances shall be approved by the City's public works department. 10 International Fire Code-Adoption • 2. The fire hydrant installation and its attendant water system connection shall conform to the City's specifications and design and construction standards. 3. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. 4. All hydrants shall be plumb, plus or minus 3 degrees, to be set to finished grade with the bottom flange 2 inches above the ground or curb grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both outlets and the operating nut. 5. The largest port shall face the most likely direction of approach and location of the fire apparatus while pumping as determined by the fire code official. Distance from the pumper port to the street curb shall be no further than 10 feet. 6. The lead from the service main to the hydrant shall be no less than 6 inches in diameter. Any hydrant leads over 50 feet in length from the water main to hydrant shall be no less than 8 inches in diameter. 7. All hydrants installed in single family residential areas shall be supplied by not less than 6 inch mains and shall be capable of delivering 1,000 gpm fire flow over and above average maximum demands at the farthest point of the installation. 8. All hydrants shall have at least 5 inch minimum valve openings, "O" ring stem seal, two 2'/2 inch national standard thread hose ports, one 4'h inch steamer port with national standard threads or otherwise determined by the fire code official. In addition, all hydrants shall meet AWWA standards for public hydrants and be of a type approved for use in the City by the City's public works department. 9. All pipe shall meet the City standards as determined by the public works department. Piping located entirely within private property and maintained by the property owner shall meet the requirements and be approved by the fire code official. The fire code official may approve any piping material that has been tested and approved by a nationally recognized testing laboratory. 10. The maximum distance between hydrants in single family use district zones shall be 600 feet. 11. The maximum distance between hydrants in commercial, industrial, and apartment (including duplex) use zones shall be 300 feet. 12. Lateral spacing of hydrants shall be predicated on hydrants being located at street intersections. 13. The appropriate water authority and the fire department shall be notified in writing of the anticipated 11 International Fire Code-Adoption • date the hydrant installation and its attendant water connection system will be available for use. I. Fire protection water supplies — Notification. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection 508.6 as follows: Sec. 508.6 Notification. The owner of property on which private hydrants are located and the public agencies that own or control public hydrants must provide the fire code official with the following written service notifications: Sec. 508.6.1 In-service notification. The fire code official shall be notified when any newly installed hydrant or main is placed into service. Sec. 508.6.2 Out-of-service notification. Where any hydrant is out of service or has not yet been placed in service, the hydrant shall be identified as being out of service and shall be appropriately marked as out of service, by a method approved by the fire code official. J. Fire protection water supplies— Dead-end mains prohibited. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection 508.7 as follows: Sec. 508.7 Dead-end mains prohibited. When appropriate, all water mains in any project shall be looped. K. Fire protection water supplies — Building permit requirements. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection 508.8 as follows: Sec. 508.8 Building permit requirements. No building permit shall be issued until all plans required by this section have been submitted and approved in accordance with the provisions of this section. No construction beyond the foundation shall be allowed until all hydrants and mains required by this section are in place and approved. 10 12 International Fire Code-Adoption • L. Fire department access to equipment - Identification. Section 510 of the International Fire Code, entitled "Fire Department Access to Equipment," is amended by substituting subsection 510.1 with the following: Sec. 510.1 Identification. The following identification requirements shall apply to access to equipment. 1. Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent parking and/or other obstructions. 2. Entrances to rooms containing controls for air- conditioning systems, sprinkler risers and valves, or other fire detection, suppression, or control elements shall be identified for the use of the fire department. 3. Approved signs are required to identify fire protection equipment and equipment location. Signs shall be constructed of durable materials, permanently installed, and readily visible. 4. All fire department connections shall have a sign approved by the fire code official. The sign shall specify the type of water-based fire protection system it serves and the building areas served. 5. All main control valves and sectional valves for water-based fire protection systems shall have a sign specifying what the valves control. 6. All sprinklers and standpipe risers shall have signs to indicate which type of water-based fire protection system is being used. Sec. 13.01.070. Amendments to the International Fire Code - Chapter 9, Fire Protection Systems. The following local amendments to Chapter 9 of the International Fire Code, entitled "Fire Protection Systems," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein. A. Fire protection systems — Scope and application. Section 901 of the International Fire Code, entitled "General," is amended by substituting subsection 901.1 with the following: Sec. 901.1 Scope and application. The provisions of this chapter shall apply to all occupancies and buildings, shall specify where fire protection systems are required, and shall apply to the design, installation, inspection, operation, testing, and maintenance of all fire protection systems; however, nothing contained in this chapter shall diminish or reduce the requirements of any duly adopted 13 International Fire Code-Adoption • building codes, including state and local amendments, or other City ordinances, resolutions, or regulations. In the event of any conflict in requirements among these codes, ordinances, resolutions, or regulations, the more stringent provision shall apply. B. Fire protection systems — Alterations, repairs, and additions. Section 901 of the International Fire Code, entitled "General," is amended by adding a new subsection 901.1.1 as follows: Sec. 901.1.1 Alterations, repairs, and additions. The provisions of this subsection shall apply if, at the time of the first permit application, the county assessed valuation for the building(s) subject to the permit application will increase by more than 50 percent due to alterations or repairs to the building(s) within any 70 month time period. Additions to an existing structure shall be considered new construction and subject to the provisions of this section. If additions to an existing structure cause a building to meet the area, number of floor levels, or units that would subject a new building to the requirements of this section, the entire building will then be required to comply with this section. C. Fire protection systems - Standards. Section 901 of the International Fire Code, entitled "General," is amended by substituting subsection 901.6.1 and Table 901.6.1 with the following: Sec. 901.6.1 Standards. Fire protection systems shall be inspected, tested, and maintained in accordance with the National Fire Protection Association ("NFPA") standards listed in Table 901.6.1 below. 14 International Fire Code-Adoption • Table 901.6.1 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SYSTEM STANDARD Carbon dioxide fire-extinguishing systems NFPA 12 Clean agent fire-extinguishing systems NFPA 2001 Dry chemical fire-extinguishing systems NFPA 17 Emergency power systems NFPA 110 & NFPA 111 Fire alarm systems NFPA 72 Fire doors NFPA 80 Foam fire-extinguishing systems NFPA 11 Halogenated fire-extinguishing systems NFPA 12A Smoke-control systems NFPA 92A Underground fire lines and hydrants NFPA 25 Water-based fire protection systems NFPA 25 Water-mist systems NFPA 750 Wet chemical fire-extinguishing systems NFPA 17A D. Fire protection systems - Records. Section 901 of the International Fire Code, entitled "General," is amended by substituting subsection 901.6.2 with the following: Sec. 901.6.2 Records. Records of all system inspections, tests, and maintenance required by the referenced standards shall be maintained on the premises for a minimum of 3 years. A copy of each inspection, test, or maintenance record shall be forwarded to the fire code official within 30 days of the date the inspection, test, or maintenance occurred. E. Fire Protection Systems — Definitions. Section 902 of the International Fire Code, entitled "Definitions," is amended by adding the following three definitions: FIRE FLOW. A measure of the sustained flow of available water for firefighting at a specific building or within a specific area at 20 pounds-per-square-inch residual pressure. FIRE WALL. An approved wall of not less than 4 hour fire- resistive construction with no openings, which extends vertically from the foundation to terminate in a parapet not less than 30 inches above the roof, and which extends 1101 horizontally to the furthest projection of any portion of the 15 International Fire Code-Adoption building or to a point 30 inches beyond the intersecting exterior wall, whichever is furthest. As an alternative to the horizontal requirements, such fire wall may be extended a minimum of 30 inches along both sides of the intersecting exterior wall, provided there are no projections beyond the intersecting exterior wall. LIFE SAFETY RESCUE ACCESS. Unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. F. Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2 with the following: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed as follows: 1. In all buildings without adequate fire flow as required by this code. Exception: Group U Occupancies. 2. All new buildings and structures with a gross floor area of 10,000 or more square feet (929 m2), or where this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by this code. Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire- resistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within is an otherwise non-sprinklered building, then automatic 16 International Fire Code-Adoption • sprinkler protection will be required throughout the entire building. G. Automatic sprinkler systems - Group A-3. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1.3 with the following: Sec. 903.2.1.3 An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 square feet (1115 mz). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). H. Automatic sprinkler systems — Speculative use warehouses. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding the following new subsection 903.2.8.3: Sec. 903.2.8.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 5,600 square feet (520 m). 2. The density shall be not less than that for class IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. I. Automatic sprinkler systems - Alarms. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.4.2 with the following: • 17 International Fire Code-Adoption • Sec. 903.4.2 Alarms — Exterior notification. Approved audible alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor operated and shall be provided on the exterior of the building in an approved location at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 9.03.4.2.1 Alarms — Interior notification. Actuation of the automatic sprinkler system shall actuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is installed. The fire alarm system notification circuits shall provide the interior notification. Exception: NFPA 13D and NFPA 13R sprinkler systems do not require interior audible/visual notification appliances, except if a fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior notification. J. Fire alarm and detection systems — General. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add subsection 907.1.3 as follows: Sec 907.1.3 Fire detection system. In addition to any requirement of subsection 907.2 or 907.3, all occupancies exceeding 7,000 square feet gross floor area shall be required to provide an approved automatic fire detection system. Fire walls as noted in the International Building Code shall not be considered to separate a building to enable deletion of the required fire detection system unless the fire walls are as defined in section 902 of this code. Exceptions: 1. Group U Occupancies. 2. Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 3. One and two family residences. 18 International Fire Code-Adoption • K. Fire alarm and detection systems - Duct smoke detectors. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to repeal Exception 1 in subsection 907.12. The amended subsection 907.12 reads as follows: Sec. 907.12 Duct smoke detectors. Duct smoke detectors shall be connected to the building's fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. Sec. 13.01.080. Amendments to the International Fire Code - Chapter 14, Fire Safety During Construction and Demolition. The following local amendment to Chapter 14 of the International Fire Code, entitled "Fire Safety During Construction and Demolition," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein. A. Water supply for fire protection — When required. Section 1412 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting subsection 1412.1 with the following: Sec 1412.1 When required. An approved water supply for fire protection shall be made available as soon as combustible material arrives on the site. Sec. 13.01.090. Amendments to the International Fire Code - Chapter 27, Hazardous Materials — General Provisions. The following local amendment to Chapter 27 of the International Fire Code, entitled "Hazardous Materials — General • 19 International Fire Code-Adoption • Provisions," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein. A. Storage— Ventilation— System requirements. Section 2704 of the International Fire Code, entitled "Storage," is amended by substituting subsection 2704.3.1 with the following: Sec. 2704.3.1 System requirements. Exhaust ventilation systems shall comply with all of the following: 1. Installation shall be in accordance with the International Mechanical Code. 2. Mechanical ventilation shall be at a rate of not less than 1 cubic foot per minute per square foot [0.00508 m3/(s • mz)] of floor area over the storage area. 3. Systems shall operate continuously unless alternative designs are approved. 4. A manual shutoff control shall be provided outside of the room in a position adjacent to the access door to the room or in another location, if approved by the fire code official. The switch shall be of the break-glass type and shall be labeled: VENTILATION SYSTEM EMERGENCY SHUTOFF: FIRE DEPARTMENT USE ONLY. 5. Exhaust ventilation shall be designed to consider the density of the potential fumes or vapors released. For fumes or vapors that are heavier than air, exhaust shall be taken from a point within 12 inches (305 mm) of the floor. 6. The location of both the exhaust and inlet air openings shall be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors. 7. Exhaust ventilation shall not be recirculated within the room or building if the materials stored are capable of emitting hazardous vapors. Sec. 13.01.100. Amendments to the International Fire Code—Appendix D, Fire Apparatus Access Roads. The following local amendments to Appendix D to the International Fire Code, entitled "Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein. A. Required access - Access and loading. Section D102 of the International Fire Code, entitled `Required Access," is amended by substituting subsection D102.1 with the following: • 20 International Fire Code-Adoption • Sec. D102.1 Access and loading. Facilities, buildings, or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with asphalt, concrete, or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 30 tons (27,240 kg). B. Minimum specifications - Access road width with a hydrant. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting subsection D103.1 with the following: Sec D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm). C. Minimum specifications - Dead-end fire apparatus access road turnaround — Figure D103.1. Figure D103.1, entitled "Dead-end fire apparatus access road turnaround," which is included within Appendix D to the International Fire Code is hereby repealed. • D. Minimum specifications - Grade. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting subsection D103.2 with the following: Sec. D103.2 Grade. Fire apparatus access roads shall not exceed 15 percent longitudinal and/or 6 percent laterally in grade. Approach and departure angle for fire apparatus access shall be as determined by the fire code official. E. Minimum specifications — Turning radius. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting subsection D103.3 with the following: Sec D103.3 Turning radius. The fire apparatus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius. 21 International Fire Code-Adoption F. Minimum specifications — Requirements for dead-end fire apparatus access roads. Section D103 of the International Fire Code, entitled "Minimum Specifications," is amended by substituting Table D103.4 with the following: TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH WIDTH TURNAROUNDS REQUIRED (feet) (feet) 0-150 20 None required 151-500 20 140-foot Hammerhead, 60-foot "Y" or 90-foot-d ia meter cul-de-sac 501-750 26 140-foot Hammerhead, 60-foot "Y" or 90-foot-d ia meter cul-de-sac Over 750 Special approval required G. Aerial fire apparatus access roads — Where required. Section D105 of the International Fire Code, entitled "Aerial fire apparatus access roads," is amended by substituting subsection D105.1 with the following: Sec. D105.1 Where required. Buildings or portions of buildings or facilities exceeding 28 feet (8535 mm) in height above the lowest level of fire department access shall be provided with approved fire apparatus access roads that are capable of accommodating fire department aerial apparatus. Sec. 13.01.110. Fire codes — Fees. The City Council shall, by resolution, establish the fees to be assessed for the fire codes adopted in this title. Sec. 13.01.120. Appeals. A. Appeals to the hearing examiner. 1. Jurisdiction. In order to hear and decide appeals of orders, determinations, or decisions made by the fire code official relative to the suitability of alternate materials, designs, and methods of construction, and to provide for reasonable application and interpretation of the provisions of the International Fire Code, the City of Kent hearings examiner is hereby designated as the board of • appeals created pursuant to section 108 of the International Fire Code adopted in 22 International Fire Code-Adoption KCC 13.01.030 for all matters concerning the application of the fire codes. The City hearings examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the City hearings examiner be empowered to waive requirements of these codes. 2. Filing. Appeals shall be filed with the hearings examiner by 5:00 p.m. of the fourteenth (141 ) calendar day following the date of the order, determination, or decision being appealed. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5:00 p.m. on the next business day. The appeal shall be accompanied by payment of the filing fee. Specific objections to the fire code official's decision and the relief sought shall be stated in the written appeal. 3. Standing. Standing to bring an appeal under this chapter is limited to the following persons: a. The applicant and the owner of property to which the permit decision is directed. b. Another person aggrieved or adversely affected by the order, • determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person who is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: i. The order, determination, or decision has prejudiced or is likely to prejudice that person; ii. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and iii. The appellant has exhausted his or her administrative remedies to the extent required by law. B. Appeals to superior court. Appeals to the hearings examiner shall be made pursuant to Ch. 2.32 KCC. The decision of the hearings examiner shall be final and conclusive unless within twenty-one (21) calendar days of the hearings examiner's decision an appeal is filed with the superior court. When the last day of the appeal • period so computed is a Saturday, Sunday, or federal or City holiday, the period shall 23 International Fire Code-Adoption • run until the next business day. SECTION 2. — Repealer. Chapter 13.02 of the Kent City Code, entitled "Fire Codes," is hereby repealed in its entirety. SECTION 3. — Amendment. A new Chapter 13.02 is added to the Kent City Code as follows: CHAPTER 13.02 ENFORCEMENT OF THE FIRE CODES Sec. 13.02.010. Scope. This chapter shall govern enforcement actions conducted by the fire code official, pursuant to this title, of the fire codes adopted in KCC Title 13. Sec. 13.02.020. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: • Fire code official means the fire chief or other designated authority charged with the administration and enforcement of the fire codes. Fire codes means and includes the International Fire Code as now or hereafter adopted, amended, and/or supplemented pursuant to KCC Title 13, the Revised Code of Washington, and/or the Washington Administrative Code. Sec. 13.02.030. Administration and enforcement. A. It shall be the duty of the fire code official to enforce the fire codes in the manner generally described in the codes and as more particularly described in this chapter. All enforcement of the fire codes shall only be performed by the fire code official or with his or her concurrence. The fire code official may call upon the police or other appropriate City department(s) to assist in enforcement. B. It is the intent of this chapter to place the obligation of complying with the requirements of the fire codes upon the owner, occupier, or other person responsible • 24 International Fire Code-Adoption for the condition of the buildings, structures, dwelling units, or premises within the scope of the fire codes. C. In case of conflict between the provisions of the fire codes and of this chapter, the provisions of this chapter shall control. Sec. 13.02.040. Investigation and notice of violation. A. The fire code official shall investigate any building, structure, dwelling unit, or premises which the fire code official reasonably believes does not comply with the standards and requirements of the fire codes. B. If, after investigation, the fire code official determines that the standards or requirements of the fire codes have been violated, the fire code official may seek compliance and serve a notice of violation on the owner, tenant, or other person responsible for the condition or may otherwise enforce the fire codes pursuant to this chapter and KCC 13.02.090. If a notice of violation is directed to a tenant or person other than the owner, a copy of the notice shall be sent to the owner of the property. Sec. 13.02.050. Stop work order. The fire code official may issue a stop work order pursuant to the provisions of the section 111 of the international Fire Code or may issue such order whenever a continuing violation of any of the fire codes will materially impair the fire code official's ability to secure compliance, or when a continuing violation threatens the health or safety of the public. A stop work order may include the placement of a stop work or stop use red tag upon the building, structure, dwelling unit, or premises. Sec. 13.02.060. Emergency order. A. Whenever any building, use, dwelling unit, and/or premises, which violates the fire codes threatens the health and safety of the occupants of the building, dwelling unit, premises, or any member of the public, the fire code official may issue an emergency order requiring that the building, dwelling unit, and/or premises be restored to a condition of safety, and specify the time set for compliance. In the alternative, the 25 International Fire Code-Adoption • order may require that the building, dwelling unit, and/or premises be immediately vacated and closed to entry. B. The emergency order shall be posted on the building, dwelling unit, and/or premises and shall be mailed by regular, first class mail to the last known address of the owners, and if applicable, to the occupants. C. Any building, dwelling unit, and/or premises subject to an emergency order which is not repaired within the time specified in the order is hereby found and declared to be a public nuisance, and the fire code official is authorized to abate that nuisance by any means and with any assistance that may be available to the official, and all abatement costs shall become a lien against the property and shall be recovered by the fire code official in any manner provided by law. Sec. 13.02.070. Extension of compliance date. A. The fire code official may grant an extension of time for compliance with any notice or order, whether pending or final, upon finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. B. An extension of time may be revoked by the fire code official (1) if the conditions at the time the extension was granted have changed, (2) if the fire code official determines that a party is not performing corrective actions as agreed, or (3) if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. Sec. 13.02.080. Violations. A. It shall be unlawful to fail to comply with a notice of violation, final order, stop work order, condemnation tag or any other order or restriction imposed by the fire code official and issued pursuant to this title. B. It shall be unlawful to remove or deface any sign, notice, complaint, or order required by or posted by the fire code official in accordance with his or her • enforcement duties under this title. 26 International Fire Code-Adoption SC. It shall be unlawful for any person to obstruct, impede, or interfere with any lawful attempt to correct a violation or to comply with any notice of violation, final order, stop work order, or condemnation tag. D. It shall be unlawful for any person to fail to comply with an emergency order issued by the fire code official requiring that the building, dwelling unit, and/or premises be restored to a condition of safety by a specified time. E. It shall be unlawful for any person to use or occupy, or to cause or permit any person to use or occupy the building, dwelling unit, and/or premises after the date provided in an emergency order requiring the building, dwelling unit, and/or premises to be vacated and closed, until the fire code official certifies that the conditions described in the emergency order have been corrected and the building, dwelling unit, and/or premises have been restored to a safe condition. Sec. 13.02.090. Violation — Penalty. • A. Civil. Violation of any provision of this title constitutes a civil violation under Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be required and/or otherwise enforced as provided therein. B. Criminal. In addition or as an alternative to any other enforcement procedure or penalty in this chapter, a violation of any provision of this chapter or a code enforced by this chapter shall constitute a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. All misdemeanor charges filed under this section shall be filed with the Kent municipal court and shall bear the signature of the Kent city attorney or his or her designee. When the City files a criminal offense pursuant to this subsection, it shall have the burden of proving, beyond a reasonable doubt, that the violation occurred. C. Separate offense. Each day that anyone shall continue to violate or fail to comply with any of the foregoing provisions shall be considered a separate offense. 27 international Fire Code-Adoption Sec. 13.02.100. Additional relief. The fire code official may seek legal or equitable relief to enjoin any acts and practices and abate any condition which constitutes or will constitute a violation of the fire codes when civil or criminal penalties are inadequate to effect compliance. Nothing in this chapter shall be deemed to limit or preclude any other action or proceeding relating to the enforcement of the fire codes. SECTION 4. - Repealer. Chapter 13.03 of the Kent City Code, entitled "Fire Suppression Systems," is hereby repealed in its entirety. SECTION 5. - Repealer. Chapter 13.04 of the Kent City Code, entitled "Fire Hydrants," is hereby repealed in its entirety. SECTION 6. - Repealer. Chapter 13.14 of the Kent City Code, entitled "Enforcement," is hereby repealed in its entirety. SECTION 7. - Amendment. Section 9.01.120 of the Kent City Code, entitled "Enhanced 911 (E-911) service - Appeals" is amended as follows: Sec. 9.01.120. Enhanced 911 (E-911) service-Appeals. Any party affected by a decision of the fire chief not to issue a permit or certification of occupancy pursuant to KCC 9.01.110 herein may, within fifteen (15) days after the date of the decision, only petition the superior court for review of the fire chief's decision. There "a°�,a„ ;o aAppeals from KCC 9.01.040 through 9.01.120 to the board of appeals as provided in section-2.303 108 of the tRifer+;lnternational Fire Code, adopted in KCC 13.01.01013.02.018 are not allowed. SECTION 8. - Amendment. Subsection 15.08.050(D)(9)(g) of the Kent City Code, which pertains to site development standards is amended to revise the reference from the Uniform Fire Code to the International Fire Code as follows: 28 International Fire Code-Adoption • Sec. 15.08.050(D)(9). Hazardous substances or wastes. (g) Hazardous substance land uses shall comply with Aisle 80 9 the 1JR'ferm International Fire Code as revised On 1998and therea" SECTION 9. — Savin s. The existing chapters and sections of the Kent City Code, which are repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 10. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 11. — Effective Date. This ordinance shall take effect and be in force on July 1, 2004. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 29 International Fire Code-Adoption PASSED: day of May, 2004. APPROVED: day of May, 2004. PUBLISHED: day of May, 2004. 1 hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK PACiviRORDI NANCE1FireCode-Adoption.dcc 30 International Fire Code-Adoption ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending, as of July 1, 2004, Title 14 of the Kent City Code to repeal the adoption of the 1997 edition of the Uniform Building Code, the Uniform Mechanical Code, and the Uniform Plumbing Code; to adopt the 2003 edition of the International Building Code, International Residential Code, International Mechanical Code,and the Uniform Plumbing Code,as amended by the Washington State Building Code Council;and to make other housekeeping amendments to various Kent City Code provisions to reference the International Codes as opposed to the Uniform Codes. RECITALS A. As set forth in Title 14 of the Kent City Code, the City has adopted various Washington state and uniform building codes. B. Pursuant to Ch. 19.27 RCW,the 2003 editions of the lntemational Building Code,the International Residential Code,the International Mechanical Code,and the Uniform Plumbing Code, as adopted by the State of Washington, apply to all cities, including the City of Kent,effective July 1, 2004; therefore, it is appropriate to amend the Kent CityCode to formally adopt the same. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: International Building Codes- Adoption • ORDINANCE SECTION 1.—Amendment. Chapter 14.01 of the Kent City Code,entitled"Building Codes," is amended as follows: CHAPTER 14.01 BUILDING CODES Sec. 14.01.010. Building codes —Adopted. In accordance with Ch. 19.27 RCW, Tthe following state and unife codes, h8F8iRafte fcollectively, refeFFedd "building codes"I together with any additions deletions and exceptions as-currently enacted or as may be an -as amended from time to time bV the State of Washington through its Building Code Council pursuant to the Washington Administrative Code("WAC"),and as further amended in this chapter,are hereby adopted by reference as feAews: A. The International Building CodeURifGFM BuildiRg Cede,4PW2003 Edition, published bythe 'RtematiGRal G@RfeFBRG9 of Building International Code Council, Inc.,as amended pursuant to Chapter 51-50 5 --4 WAC. B. The International Residential Code 2003 Edition published by the International Code Council Inc as amended pursuant to Ch. 51-51 WAC. C€. The International Mechanical Code ,44972003 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52&4- 4 WAC. DG. The Uniform Plumbing Code,49972003 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 51 46 WAC and The Uniform Plumbing Code Standards (Appendi-xces A, Band I to the Uniform Plumbing Code), as amended pursuant to Chapter 51-57 WAC. ED. The Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials. F€. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials. GF. The Washington State Energy Code as written by the Washington State Building Code Council pursuant to Chapter 51-11 WAC. HG. The Washington State Ventilation and IndoorAir Quality Code as written by the Washington State Building Code Council pursuant to Chapter 51-13 WAC. International Building Codes- 2 Adoption One (1) copy of each of these codes is on file with the City§ building official. Sec 14 01 020 Code conflicts. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the state building codes adopted bythe Washington State Building Code Council and the provisions of Chapter 14.01 of the Kent City Code the Kent City Code provisions shall govern. Sec. 14.01.030020. Amendments to the International Building Cod Cede. The following local amendments to the International Building Code 1 iferre- ila�ir�9 Eedde previously adopted in KCC 14.01.010; are hereby adopted and incorporated into the International Building Code.: A. General-Building code appendices adopted. and Ghapter33 ef the Section 101 of the International Building Code,entitled"General,"is amended by adding the following new subsection 101.5: Sec. 101.5 Buildinq code appendices adopted.Appendices C and Jef to the Uniferm Building Gedelntemational Building Code—, IQW are hereby adopted;,- except t#athowever, the public works director ef pubRe waFks-shall have the authorityto enforce and interpret AppendixJ of rn, Building Gede 1997 €d+tien, and, accordingly, all references to the "building official' in Appendix J e Appendix hall be substituted with the words "public works director-ef pis-works• B. Duties and powers of building official - Lot lines and setback lines. Section 104 of the InternationalBuilding Code entitled"Duties and Powers of Building Official,"is amended byadding the following new subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this codeebapter,and none shall be implied. The l0Gatlnn of 19t linos andr er setba Glk linos at a- develwneRt and sensfr„sfien related therefn shall he the resnnnsihilifit Of the aPPliGaRtIGVM8F. C. Permits -Expiration of project perrrit application. International Building Codes- 3 Adoption 1 Section 105 of the International Building Code entitled "Permits," is amended by substituting subsection 105.3.2 with the following: Sec 105 3 2 Expiration of protect permit application Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to those deadlines. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application, as defined in KCC 14.11.020 has been submitted, unless that application has been pursued in good faith. The building official may extend the time for action on the permit application for one or more periods each period not exceeding 90 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an expired application,the applicant shall resubmit plans and pay a new review fee. dates above. Said PFGjeGt permit app"Gat'GRG shall be subjeGt to the dead"RGS OR Ghm 12.01 KGG D. Board of Appeals. Section 112 of the International Building Code, entitled "Board of Appeals," is amended by substituting Section 112 with the following: Sec. 112 Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.100 of the Kent City Code. International Building Codes- 4 Adoption Sec 14 01 040 Amendments to the International Residential Code. The following local amendments to the International Residential Code previously adopted in KCC 14.01.010 are hereby adopted and incorporated into the International Residential Code: A Duties and powers of building official - Lot lines and setback lines. Section R104 of the International Residential Code entitled "Duties and Powers of Building Official," is amended by adding the following new subsection R104.12: Sec R10412 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code the building official shall have no duty to verify or establish lot lines or setback lines No such duty is created by this code, and none shall be implied. B. Permits Work exempt from permit Subsection R105.2 of the International Residential Code entitled "Work Exempt from Permits," is amended to reduce the permit exemption for one- story detached accessory structures from 200 square feet to 120 square feet. The amended subsection R105.2 reads as follows: Sec R105 2 Work exempt from permit. Permits shall not be required for the following Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1 One-story detached accessory structures provided the floor area does not exceed 120 square feet (11.15 m2). C. Permits Substantially improved orsubstantially damaged existing buildings in areas prone to flooding Section R105 of the International Residential Code entitled "Permits,"is amended by substituting subsection R105.3 1.1 with the following: Sec R105311 Substantially improved or substantially damaged existing buildings in areas prone to flooding. The building official may require that all applications for reconstruction, rehabilitation, addition or other improvement of existing buildings or structures located in an area prone to flooding be submitted in accordance with Ch. 14.09 KCC. D. Permits - Expiration of protect permit application. International Building Codes- 5 Adoption 1. Section R105 of the International Residential Code, entitled"Permits"is amended by substituting subsection R105.3.2 with the following: Sec. R105.3.2 Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to those deadlines. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application, as defined in KCC 14.11.020, has been submitted, unless that application has been pursued in good faith. The building official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an expired application,the applicant shall resubmit plans and pay a new review fee. E. Fees - Building permit valuations. Section R108 of the International Residential Code. entitled "Fees," is amended by substituting Section R108.3 with the following: Sec R108.3 Building permit valuations. The permit applicant shall provide an estimated permit value at time of application. Permit valuations shall include total value of the work, including materials and labor,for which the permit is being issued. (The work would include,for example and without limitation, electrical, gas, mechanical, and plumbing equipment and other permanent systems.) If the building official decides that the permit valuation is underestimated, the permit application shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. F. Certificate of occupancy. Section R110 of the International Residential Code, entitled "Certificate of Occupancy," is hereby repealed. G. Board of appeals. Section R112 of the International Residential Code, entitled "Board of Appeals," is amended by substituting Section R112 with the following: Sec. R112.1 Board of appeals.The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials,design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth International Building Codes- 6 Adoption in section 14 01 100 of the Kent City Code Any appeal to an orde1 decision or determination of the public works director with respect to an area within the flood hazard shall be made in accordance with Ch. 14.09 KCC- Sec. 14.01.050. 44:O4-.030—Amendments to the Uniform Plumbing Code. The following local amendments to the Uniform Plumbing Code previously adopted in KCC 14.01.010 is hereby are hereby adopted and incorporated into the Uniform Plumbing leamended as follows: A Title scope and general Appendices adopted Section 101 of the Uniform Plumbing Code, entitled "Title Scope and General."is amended by adding the following new subsection 101.6: Sec 101.6 Appendices adopted The Uniform Plumbing Code standards set forth in Appendices A B and I of the Uniform Plumbing Code are hereby adopted. B. Organization and enforcement - Penalties. Section 102-.3 of Ghapten-QRethe Uniform Plumbing Code entitled "Organization and Enforcement," to igis±�is hereby amended by substituting amendOg-subsection 102.3.2 OR its eRuret• with the following Sec 102 3 2 Penalties Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs alters or repairs plumbing work in violation of: (a)the approved construction documents (b) a directi\e of the building code official, or (c)a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Ch. 14.08 KCC or as otherwise provided by law. pFGV*SOGR Gf this GedB shall be punishable by a fine and/eF t f rth ' h� ter n nQ crr`��vrcrrirr-vrra7.�co. .__. C. Organization and enforcement - Board of appeals Section 102 of the Uniform Plumbing Code entitled "Organization and enforcement " is amended by substituting subsection_102.4, a subsection that was added to the state code in accordance with WAC 51-56-0100 with the following: Sec 102.4 Board of appeals The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders decisions or determinations made by the building official relative to the suitability of alternate materials designs and methods of construction and appeals of the reasonable application and interpretation of the building codes Appeals shall be made as set forth in section 14 01.100 of the Kent City Code. International Building Codes- 7 Adoption D. Permits and inspections-Expiration of project permit application. Section 103 of the Uniform Plumbing Code entitled"Permits and Inspections,"is amended by substituting subsection 103.4.3 with the following: Sec. 103.4.3 Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to those deadlines. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application, as defined in KCC 14.11.020 has been submitted, unless that application has been pursued in good faith. The building official may extend the time for action on the permit application for one or more periods each period not exceeding 90 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an expired application,the applicant shall resubmit plans and pay a new review fee. Sei. 1 n1 nnn Ragpn.ea Sec. 14.01.060. Amendments to the International Mechanical Code. The following local amendments to the International Mechanical Code previously adopted in KCC 14.01.010 are hereby adopted and incorporated into the International Albchanical Code as if fully set forth therein. A Permits - Expiration of proiect permit application. Section 106 of the International Mechanical Code entitled "Permits,"is amended by adding the following new subsection 106.3.2: Sec..106.3.2 Expiration of proiect permit application. Project permit applications that are subiect to Ch. 12.01 KCC or that require SEPA review are subject to those deadlines. All other proiect permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete proiect permit application, as defined in KCC 14.11.020, has been submitted, unless that application has been pursued in good faith. The building official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an expired application,the applicant shall resubmit plans and pay a new review fee. International Building Codes- 8 Adoption B. Violations - Penalties. Section 108 of the International Mechanical Code entitled "Violations," is amended by substituting subsection 108.4 with the following: Sec 108.4 Penalties Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs alters or repairs mechanical work in violation of: (a) the approved construction documents (b) a directive of the building code official or (c) a permit or certificate issued under the provisions of this code shall be subject to penalties as set forth in Ch. 14.08 KCC or as otherwise provided by law. C. Means of appeal - Board of appeals Section 109 of the International Mechanical Code, entitled "Means of Appeal," is amended by substituting Section 109 with the following: Sec 109 Board of appeals The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders decisions or determinations made by the building official relative to the suitability of alternate materials designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes Appeals shall be made as set forth in section 14.01.100 of the Kent City Code. Sec. 14.01.070050. Amendments to the Uniform Housing Code. The following local amendments to the Uniform Housing Code previously adopted in KCC 14.01.010 are hereby adopted as if fully set forth therein. ' A. Repealer. Section 202 of Chapter 2 and Chapters 11 through 16 of the Uniform Housing Code '' ,�, ", ", '^, F, ^" are hereby repealed. B. Board of appeals Section 203 of the Uniform Housing Code entitled "Board of appeals," is amended by substituting Section 203 with the following: Sec 203 Board of appeals The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders decisions or determinations made by the building official relative to the suitability of alternate materials design, and methods of construction and appeals of the reasonable application and interpretation of the building codes Appeals shall be made as set forth in section 14 01.100 of the Kent City Code. C. Violations Section 204 of the Uniform Housing Code entitled "Violations," is amended by substituting Section 204 with the following: International Building Codes- 9 Adoption iSec. 204 Violations 204.1 Unlawful acts It shall be unlawful for anv person, firm, or corporation to erect construct alter, extend repair, move, remove, demolish or occupy any building structure or equipment regulated by this code or cause same to be done in conflict with or in violation of any of the provisions of this code. 204.2 Violation penalties Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, constructs alters or repairs a building or structure in violation of: (a)the approved construction documents (b)a directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Ch. 14.08 KCC or as otherwise provided by law. Sec. 14.01.08000. Amendments to the Uniform Code forthe Abatement of Dangerous Buildings. The following local amendments to the Uniform Code forthe Abatement of Dangerous Buildings previously adopted in KCC 14.01.010 are hereby adopted as if fully set forth therein. A. Abatement of dangerous buildings. Section 202 of the Uniform Code for the Abatement of Dangerous Buildings entitled"Abatement of Dangerous Buildings,""*s nadeis hereb amended by substituting Section 202 with the te-read-as-followings: Sec. 202. Abatement of dangerous buildings. All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. B. Violations Section 203 of the Uniform Code for the Abatement of Dangerous Buildings, entitled 'Violations," is amended by substituting Section 203 with the following: Sec. 203 Violations. 203.1 Unlawful acts It shall be unlawful for any person, firm, or corporation to erect construct alter, extend repair, move, remove, demolish or occupy any building structure or equipment regulated by this code or cause the same to be done in conflict with or in violation of any of the provisions of this code. 203.2 Violation penalties Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, constructs alters or repairs a building or structure in violation of: (a)the approved construction documents (b)a directive of the building official, International Building Codes- 10 Adoption • or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Ch. 14.08 KCC or as otherwise provided by law. CB. Board of Appeals. Section 205 of the Uniform Code for the Abatement of Dangerous Buildings, entitled "Board of Appeals," is amended by substituting Section 205 with the following: Sec. 205 Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials,designs,and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.100 of the Kent City Code. D. Repealer. G"a^' Chapters 4 through 9, , of the Uniform Code forthe Abatement of Dangerous Buildings 1991 Edition are hereby repealed. ES. General- Definitions. Section 301 of the Uniform Code for the Abatement of Dangerous Buildings#4s-G9de-is hereby mended to read as follows: Sec. 301: General. For the purpose of this code, certain terms, phrases,words,and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the housing code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged,"copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Building code is the URifeFm Building—Fede—International Building Code or the International Residential Code, as may be applicable, promulgated by the International Code Council, Inc.,as adopted by this jurisdiction. Dangerous building is any building or structure deemed to be dangerous under the provision of section 302 of this code. Endangered as used in section 302 means negatively affected,to any degree, by any and all conditions,actions or omissions which, singularly or together, reduce or are likely to reduce or negatively impact the life or limb, health, property or safety of the public, including but not limited to, economy in the provision of public service, general welfare, economic viability, or security in the enjoyment of the community. Health officer as used in this code shall mean the building official or his or her designee. Housing code is the Uniform Housing Code promulgated by the International Conference of Building Officials, International Building Codes- 11 Adoption • as adopted by this jurisdiction. Sec. 14.01.0900M. Building codes-Fees. The City Council shall, by resolution,establish the fees to be assessed for east of the codes adopted in Ch. 14.01 KCCI 4 01 910. In the P;e"`• any paFtiGUlar fee is Rat so established by .;AlutmaR, the Gity shall A, Sec. 14.01.100090_Appeals. A. Appeals to the hearing examiner. 1. Jurisdiction. , and- the i-inweFnq Housing Code, the City of Kent heariRg e)(amiReF is heFeby dG6ignated as the The City hearings examiner has been designated ashall ^�the board of appeals and shall have jurisdiction over€er-all matters concerning the application of the URife build in codes cited in Ch. 14.01 KCCthis sestiQR. The City hearings examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the City hearings examiner be empowered to waive requirements of these building codes. 2. Filing. Appeals shall be filed with the hearings examiner by 5:00 p.m. of the fourteenth LlALcalendar day following the date of the order, determination, or decision being appealed.When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5:00 p.m. on the next business day. The appeal shall be accompanied by payment of the filing fee. Specific objections to the building official's decision and the relief sought shall be stated in the written appeal. 3. Standing. Standing to bring an appeal under this chapter is limited to the following persons: is a. The applicant and the owner of property to which the permit decision is International Building Codes- 12 Adoption directed. b. Another person aggrieved or adversely affected by the order,determination, or land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or land use decision. A person who is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: i. The order, determination, or lan4yecision has prejudiced or is likely to prejudice that person; ii. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use order, determination, or decision; and iii. The appellant has exhausted his or her administrative remedies to the extent required by law. B. Appeals to superiorcourt. Appeals to the hearings examiner shall be made pursuant to Ch. 2.32 KCC.The decision of the hearings examiner shall be final and conclusive unless within twenty- one(21)calendar days of the hearings examiner's decision an appeal is filed with the superior court. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City . holiday, the period shall run until the nek business day. SECTION 2. - Amendment. Section 1.04.130 of the Kent City Code, entitled "Conflicting code provisions," is amended as follows: Sec. 1.04.130. Conflicting code provisions. In the event a conflict exists between the enforcement provisions of this chapter and the enforcement provisions of any international or uniform code, statute, or regulation that is adopted in the Kent City Code +"tFeand subject to the enforcement provisions of this chapter,the enforcement provisions of this chapterwill prevail,unless the enforcement provisions of this chapter are preempted or specifically modified by said code, statute, or regulation. SECTION 3. - Amendment. Chapter 2.40 of the Kent City Code, entitled "Building and Development Services Office," is amended as follows: CHAPTER 2.40 BUILDING AND DEVELOPMENT SERVICES OFFICE International Building Codes- 13 Adoption • Sec.2.40.010. Office created. There is hereby created the office known as the building and development services office for the purpose of performing all building and development service functions of the City, including building plans examinations, building inspections, and code enforcement. The office shall be supervised by the building officialand Qeve!epment c^^^^e6 maRagef. Sec.2.40.020. Building official and development serviGes manage -Position created and appointment. There is hereby created the position known as building official^^'deVe'^^F^^^' The position is created in accordance with the City of Kent Policies and Procedures Manual. The building official and development ^^^ . aRaa,eF shall be appointed by the chief administrative officer in accordance with the provisions of the City of Kent Policies and Procedures Manual solely on the basis of professional experience, education, and demonstrated knowledge of accepted practices relating to the duties of the office. Sec. 2.40.030. Qualifications. The building official-and deve'^^^,^^t c^^^^^c ..,aRage. must have the following or equivalent qualifications: he or she must be a graduate of a recognized college or university,and-have at least three (3) years' experience in the field of building and land development,and-be familiar with the international and uniform building codes,or have experience in a similar field as deemed appropriate to the position bythe appointing authority. International Building Codes- 14 Adoption • Sec. 2.40.040. Duties and powers. It shall be the duty of the building officialand, to examine building plans, perform building inspections,and perform code enforcement functions as prescribed by the Kent City Code. The building officialand develepmeRt GeFViGe6 maRagef shall perform such other duties as the chief administrative officer, or his or her designee, may direct or as may be required by the laws of the state. Sec.2.40.050. Salary. The salary of the building official shall be that as established in the annual Citybudget. SECTION4.-Amendment. Section 2.42.030 of the Kent City Code,entitled"Qualifications," is amended as follows: Sec. 2.42.030. Qualifications. The permit center manager must have the following or equivalent qualifications: he or she must be a graduate of a recognized college or university, • have at least three (3) years' experience in the field of building and land development, and-be familiar with the international and uniform building codes, or have experience in a similar field as deemed appropriate to the position bythe appointing authority. SECTION 5. -Amendment. Section 7.04.070 of the Kent City Code, entitled "Construction standards," is amended as follows: Sec. 7.04.070. Construction standards. All side sewers shall be installed in strict accordance with specifications contained in any existing City ordinance or code and any construction standards or international or uniform codes that the City has adopted or adopts in the whist-may-be at any time'^+ uture adopted by the Gity. All construction shall be subject to the inspection of the director or his or her designee. International Building Codes- 15 Adoption SECTION 6. -Amendment. Section 7.05.074 of the Kent City Code, entitled "Construction standards," is amended as follows: Sec. 7.05.074. Construction standards. All storm and surface water systems, whether public or private, shall be installed in strict accordance with specifications contained in any existing City ordinance or code and any construction standards or international or uniform codes that the City either has adopted or adopts in the future.All construction and maintenance of those systems shall be subject to the inspection bythe director or his or her designee SECTION 7. -Amendment. Section 7.07.114 of the Kent City Code, entitled "Construction standards," is amended as follows: Sec. 7.07.114. Construction standards. All surface water and storm drainage systems, whether public or private, shall be installed in strict accordance with specifications contained in any existing City ordinance or code and any construction standards or international or uniform codes that the City either has adopted or adopts in the future. All construction and maintenance of those systems shall be subject to the inspection bythe director or his or her designee. SECTION 8. - Amendment. Section 7.10.060(A) of the Kent City Code, entitled "Design standards," is amended as follows: Sec. 7.10.060. Design standards. A. All conductors,switches,transformers and regulating devices shall be installed in accordance with the applicable national, state, and local safety standards. All structural devices shall be designed in accordance with the provisions of the edit1GR of the WRffGFmInternational Building Code, the International Residential Code or other applicable building codes,as adopted and amended by the city in Ch. 14.01 KCC. All underground facilities provided for in this section shall be installed in such manner as to coordinate with other underground facilities,e.g.,water,sewer and gas pipeline, traffic control and other signal systems. Whenever such coordination requires installation practices more restrictive or demanding than the minimum standards required by applicable national,state and local codes and safety standards, the requirements of such coordination shall be governing and controlling. • International Building Codes- 16 Adoption • SECTION 9. - Amendment. Section 12.04.235(C)(3) of the Kent City Code, entitled "Standards for the subdivision of land and any dedications," is amended as follows: Sec. 12.04.235. Standards for the subdivision of land and any dedications. C. The alignment of all streets shall be reviewed and approved by the public works department. The following standards shall apply unless otherwise approved by the public works department, in consultation with the planning services office and the fire prevention division. 3. No street grades shall exceed fifteen(15)percent. A grading permit shall be required as-per AppeRdi70 of the URifiarm International Building Code,the International Residential Code,or other applicable building codes, as adopted and amended in Ch. 14.01 KCC44-94-.M,prior to any grading. • SECTION 10. - Amendment. Section 12.04.545(C)(3) of the Kent City Code, entitled "Standards for the subdivision of land and any dedications," is amended as follows: Sec. 12.04.545. Standards for the subdivision of land and any dedications. C. The alignment of all streets shall be reviewed and approved by the public works department. The following standards shall apply unless otherwise approved by the public works department in consultation with the planning services office and the fire prevention division. 3. No street grades shall exceed fifteen (15)percent.A grading permit shall be required as per Appead+x:70 of the IJR}feFM International Building Code the International Residential Code,or other applicable building codes, as adopted and amended in Ch. 14.01 KCC, 14 01.010 prior to any grading. SECTION 11. - Amendment. Section 12.04.745(C)(3) of the Kent City Code, entitled • "Standards for the subdivision of land and any dedications," is amended as follows: International Building Codes- 17 Adoption eSec. 12.04.745. Standards for the subdivision of land and any dedications. C. The alignment of all streets shall be reviewed and approved by the public works department. The following standards shall apply unless otherwise approved by the public works department in consultation with the planning services office and the fire prevention division. 3. No street grades shall exceed fifteen (15)percent.A grading permit shall be required as per Appeadix 70 ef-the I In+#erm International Building Code the International Residential Code,or other applicable building codes,as adopted and amended in Ch. 14.01 KCC114.01.019 prior to any grading. SECTION 12. - Amendment. Section 12.05.140(B) of the Kent City Code, entitled "Compatibility with existing land use and plans,"is amended as follows: Sec. 12.05.140. Compatibilitywith existing land use and plans. B. The location of all streets shall conform to any adopted plans for streets in the City. If a mobile home park is located in the area of an officially designated trail, provisions maybe made for reservation of the right-of-way or for easements to the City for trail purposes.A grading permit shall be required as per Chapter 70 of the 14a4erm International Building Code, the International Residential Code, or other applicable building codes, as adopted and amended by-eityin Ch. 14.01 KCC, prior to any grading or filling. SECTION 13.-Amendment. Section 12.13.130(G)(1)of the Kent City Code,entitled"Impact fee accounts and refunds," is amended as follows: G. A developer may request and shall receive a refund, including interest earned on the impact fees, when: International Building Codes- 18 Adoption 1. The developer does not proceed to finalize the development activity as required by statute or City code including the tniferminternational Building Code. the International Residential Code or other applicable building codes as adopted and amended in Ch. 14.01 KCQ and SECTION 14. - Amendment. Section 14.08.020(1) of the Kent City Code, entitled "Definitions," is amended as follows: Sec. 14.08.020. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. Building codes means and includes the U4a+feFm International Building Code, the International Residential Code, the llafferMrInternational Mechanical Code,the International Fire Code, the Uniform Plumbing Code, the Uniform Housing Code, the Uniform Code forAbatement of Dangerous Buildings,the Washington State Energy Code,and the Washington State Ventilation and Indoor Air Quality Code; as now or hereafter adopted, amended, and/or supplemented pursuant to KCC Title 14, the Revised Code of Washington, and/or the Washington Administrative Code. International Building Codes- 19 Adoption SECTION 15. -Amendment. Section 14.08.100 of the Kent City Code, entitled "Stop work order," is amended as follows: Sec. 14.08.100. Stop work order. The building official may issue a stop work order pursuant to the provisions of the URifermInternational Building Code. the International Residential Code, or any other applicable building code, or may issue suGh a stop work order whenever a continuing violation of any of the building codes will materially impair the building official's ability to secure compliance, or when a continuing violation threatens the up blic health,er-safety,orwelfare-ef the pub{is. SECTION 16. -Amendment. Section 14.08.240 of the Kent City Code, entitled 'Violation - Penalty," is amended as follows: Sec. 14.08.240. Violation —Penalty. A. Civil. Any violation of any provision of a building code enforced under this chapter constitutes a civil violation under Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be required and/or otherwise enforced as provided therein. B. Criminal. In addition or as an alternati\,e to any other enforcement procedure or penalty in this chapter, a violation of any provision of this chapter or a code enforced by this chapter shall constitute a misdemeanor punishable by imprisonment in 'ail fora maximum term fixed by the court of not more than ninety(90) days or by a fine in an amount fixed by the court of not more than one thousand dollars ($1 000) or by both such imprisonment and fine. All misdemeanor charges filed under this section shall be filed with the Kent municipal court and shall bearthe signature of the Kent City attorney or his or her designee. When the City files a criminal offense pursuant to this subsection it shall have the burden of proving beyond a reasonable doubt, that the violation occurred.lp additme-n ox as an alteMative to aRY othei:penalty provided iR this Ghapter er by law, aR per-sen shall be deemed guilty of a FnisdeMeaRGFand, UPGR GOHYiGtieR thereof,shall be PuRiGh RdRe# (90) days er by both s ,nh fine an.# imnr'snnment far• i. Vinlatinns of KGG 14 08 200(& • 2 V'Glat'Gns f KGG 1 it 09 201)(D)and !C\ wheFe the PeFGGRhas had a n•,ril ju dgmen+ ham d Urinr+ the last five (5) years; International Building Codes- 20 Adoption Any pattePR Of Willf6il, or bad faith 9F refusal to Gernply with the standards reqUfr eF of the h �ilrlinn r^rl�c• C. Each day that anyone shall continue to violate or fail to comply with any of the foregoing provisions shall be considered a separate offense. SECTION 17. - Amendment. Section 15.02.268 of the Kent City Code, entitled "Modular home," is amended as follows: Sec. 15.02.268. Modular home. Modularhome means a single-family dwelling constructed in a factory and shall be constructed and installed in accordance with applicable provisions of the tnifefmInternational Building Code the International Residential Code or other applicable building codes,and shall bear+ag the appropriate insignia indicating cask►compliance with those codes.This definition includes "prefabricated,""panelized," and "factory built' units. SECTION 18. - Amendment. Section 15.04.180(32) of the Kent City Code, entitled "Agricultural and residential land use development standard conditions,"is amended as follows: Sec. 15.04.180. Agricultural and residential land use development standard conditions. 32. For multifamily townhouse developments that attach three (3) units, the minimum building to building separation shall be ten (10) feet. For duplex and single-family condominium townhouse developments,the minimum building to building separation shall be established through the tniferre/nternational Building Code (UIBC) or International Residential Code (IRC), as may be applicable. International Building Codes- 21 Adoption • SECTION 19. - Amendment. Section 15.08.350(B)(4) of the Kent City Code, entitled "Accessory dwelling unit regulations —Standards and criteria,"is amended as follows: Sec. 15.08.350. Accessory dwelling unit regulations. B. Standards and criteria. 4. The design and size of an ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical,fire, health, and any other applicable codes. When there are practical difficulties involved in carrying out the provisions of this section,the building official may grant modifications for individual cases pursuant to Section 106 efthe URifeFFnlnternational Building Code,the International Residential Code, or other applicable building codes, and as subsequently amended or recodified. SECTION 20. - Amendment. Section 15.08.359(B)(4) of the Kent City Code, entitled "Accessory living quarters—Standards and criteria,"is amended as follows: Sec. 15.08.359. Accessory living quarters. B. Standards and criteria. 4. The design and size of an ALQ shall conform to all applicable standards in the building, plumbing, electrical, mechanical,fire, health,and any other applicable codes.When there are practical difficulties involved in carrying out the provisions of this section,the building official may grant modifications for individual cases pursuant to sestiep496-sfthe I InifnrrAInternational Building Code,the International Residential Code, or other applicable building codes, and as subsequently amended or recodified. • Intemational Building Codes- 22 Adoption SECTION 21.—Savin s. The existing sections of the Kent City Code,which are repealed, replaced, and/or amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 22. — Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 23. - Effective date. This Ordinance shall take effect and be in force on July 1, 2004. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY P5CWA CROMNCEOuldinBCode-Adoplun.tl c International Building Codes- 23 Adoption PASSED: day of May, 2004. APPROVED: day of May, 2004. PUBLISHED: day of May, 2004. 1 hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent,Washington,and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK RkCiviRORD1 NAN CE1Bui IdingCodes-Adoption.doc • International Building Codes- 24 Adoption RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting a schedule of fees for permits, certificates, and inspections issued and conducted under the provisions of the International Building Code, the International Residential Code, the International Mechanical Code, the Uniform Plumbing Code, and the International Fire Code, effective July 1, 2004. RECITALS A. Sections 13.01.110 and 14.01.090 of the Kent City Code authorize the City . Council, by resolution, to establish a schedule of fees applicable to permits, certificates, and inspections issued and conducted under the International Building Code, the International Residential Code, the International Mechanical Code, the Uniform Plumbing Code, and the International Fire Code. B. It is appropriate to adjust the fees previously adopted by Resolution No. 1559 relating to the 1997 editions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code, and the Uniform Fire Code, which will cease to exist within the City of Kent effective July 1, 2004. C. The schedule of fees in this resolution have been proposed by the City's building code official and fire code official, and include the cost of administration and inspection involved in the processing, issuance, and renewal of such permits and certificates. 1 Fee Schedule Under the International Building, Residential, Mechanical and Fire Codes and the Uniform Plumbing Code NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. — Fees Established. The following fee schedules shall govern the monetary charges assessed by City departments for reviewing and processing permit applications and for issuing permits under the International Building Code, the International Residential Code, the International Mechanical Code, the Uniform Plumbing Code, the International Fire Code, and related codes: A. International Building Code and International Residential Code - Building permit and plan review fees. Pursuant to Section 14.01.090 of the Kent City Code, the fees to be assessed for building permits and related inspections under the International Building Code or the International Residential Code shall be as set forth in Exhibit "A," which is attached and incorporated into this ordinance, with the following modifications: 1. Standard plan review fees. Whenever construction documents, as defined in the International Building Code and International Residential Code, are submitted for review pursuant to section 106 of the International Building Code or section R106 of the International Residential Code, a plan review fee equal to sixty-five (65) percent of the building permit fee shall be assessed. 2. Basic plan review fees. The basic plan review fee, after and in addition to the payment of the initial standard plan review fee set forth in subsection (1) above, shall be a fee of $64.00 for each permit issued upon a certified basic plan. Additional plan review fees shall also be assessed at a rate of eighty-six dollars ($86.00) per hour or a portion thereof for additional plan review required for changes, additions, or revisions to plans. 3. Administration of basic plans. Basic plans shall be administered as follows: a. "Basic plans" are defined as complete plans for an entire detached single family residential building, approved as such by the building official, which: 2 Fee Schedule Under the International Building, Residential,Mechanical and Fire Codes and the Uniform Plumbing Code "basic" by the building official;(i) Are clearly marked as being approved and certified as (ii) Bear the author's (including but not limited to architect, engineer, or others) acknowledgment and approval of the plans submitted for use in the construction of a number of buildings, without any limitation of quantity or location. If any portion is designed by a licensed architect or engineer, this acknowledgment shall bear the author's stamp and signature. (iii) Basic plan review fees shall apply only to detached single family residential buildings and shall apply only to the originating owner or applicant. (iv) Changes to basic plans which alter the exterior dimensions or structure of the building shall be treated as a new permit application. b. The process for administering basic plans shall be as follows: (i) Any person may apply for plan review and certification of a • basic plan by filing an application for such plan review and certification, along with two (2) or more complete sets of plans and the standard plan review fee. (ii) Upon completion and approval of plan review, the applicant shall provide reproducible copies of complete, approved plans to the building official. C. The City's building official is authorized and empowered to interpret and determine the applicability and administration of the provisions of this resolution. B. International Mechanical Code - Mechanical permit and plan review fees. Pursuant to Section 14.01.090 of the Kent City Code, the fees to be assessed for mechanical permits issued for the installation of mechanical equipment under the International Mechanical Code or the International Residential Code, as may be applicable, shall be as set forth in Exhibit "B," which is attached and incorporated into this ordinance, with the following modifications: 1. Standard plan review fees. Whenever construction documents, as defined in the International Mechanical Code or the International Residential Code, are 3 Fee Schedule Under the International Building,Residential,Mechanical and Fire Codes and the Uniform Plumbing Code submitted for review pursuant to section 106 of the International Mechanical Code or section R106 of the International Residential Code, a plan review fee equal to twenty-five (25) percent of the mechanical permit fee shall be assessed. C. Uniform Plumbing Code — Plumbing permit and plan review fees. Pursuant to Section 14.01.090 of the Kent City Code, the fees to be assessed for plumbing permits issued for the installation of plumbing equipment under the Uniform Plumbing Code or the International Residential Code, as may be applicable, shall be as set forth in Exhibit "C," which is attached and incorporated into this ordinance, with the following modifications: 1. Whenever construction documents, plans, specifications, engineering calculations, diagrams or other data are submitted for review pursuant to section 103 of the Uniform Plumbing Code or section R106 of the International Residential Code, a plan review fee equal to twenty-five (25) percent of the plumbing permit fee shall be assessed. D. International Fire Code — Fire permit and plan review fees. Pursuant to Section 13.01.110 of the Kent City Code, the fees to be assessed for fire permits or certificates and • related inspections under the International Fire Code shall be as set forth in Exhibit "D," which is attached and incorporated into this ordinance. SECTION 2. - Repealer. Resolution No. 1559 is hereby repealed in its entirety on the effective date of this resolution. SECTION 3. — Savings. Resolution No. 1559 and the fees established in that resolution, which are repealed and replaced by this resolution, shall remain in full force and effect until the effective date of this resolution. SECTION 4. — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 4 Fee Schedule Under the International Building,Residential,Mechanical and Fire Codes and the Uniform Plumbing Code SECTION 5. - Effective Date. The effective date of this resolution shall be the effective date of the two (2) ordinances considered concurrently with this resolution amending Title 13 and Ch. 14.01 of the Kent City Code, which shall be July 1, 2001. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of May, 2004. CONCURRED in by the Mayor of the City of Kent this day of May, 2004. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY • 5 Fee Schedule Under the International Building, Residential,Mechanical and Fire Codes and the Uniform Plumbing Code 1 hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of May, 2004. BRENDA JACOBER, CITY CLERK P 1CMPES0.IRIIXNrbn�mtlLoieaeEqFFan..tloc 6 Fee Schedule Under the international Building, Residential,Mechanical and Fire Codes and the Uniform Plumbing Code Exhibit "A" City of Kent Building Permit Fees Total valuation determined by building official Permit Fee Assessed $1.00 to $500.00 $23.50. $501.00 to$2,000.00 $23.50 for the first$500.00, plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $69.25 for the first$2,000.00, plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $391.25 for the first$25,000.00, plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $643.75 for the first$50,000.00, plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $993. 75 for the first$100,000.00, plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $3,233.75 for the first$500,000.00, plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $5,608.75 for the first $1,000,000.00, plus $3.15 for each additional $1,000.00, or fraction thereof. Other Inspections and Fees: For inspections outside of normal business hours (minimum charge—two hours)............................................................................$86.00 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available.............................................................................$86.00 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans ............................................................................$86.00 per hour Investigation fee when work is commenced prior to obtaining required Building, mechanical, or plumbing permit....................................................... 100% of permit fee Appealfiling fee ................................................................................................................$200.00 1 Exhibit A— Building Permit Fees Exhibit "B" City of Kent Mechanical Permit Fees Permit Issuance Fees: 1. For the issuance of each mechanical permit.........................................................$27.00 2. For issuing each supplemental permit for which the original permit has not expired, been canceled, or finalized........................................................................$8.00 Unit Fee Schedule: 1. For each forced-air or gravity-type furnace or boiler, including ducts and vents attached, up to and including 100,000 Btu/h (29.3 kW)........................................................................$17.00 2. For each forced-air or gravity-type furnace or boiler, including ducts and vents attached, over 100,000 Btu/h (29.3 kW)........................................................................................$21.00 3. For each floor furnace, suspended heater, recessed wall heater or floor-mounted heater, includingvent.........................................................................................................$17.00 4. For each appliance vent not included in an appliance permit.................................$8.00 5. For repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including controls, regulated by the mechanical code or residential code ........................................................................................$16.00 6. For each boiler or compressor: ■ to and including 3 horsepower(10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW)......................................17.00 • over 3 horsepower(10.6 kW)to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to an including 500,000 Btu/h (146.6 kW)................................................$31.00 ■ over 15 horsepower (52.7 kW)to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (293.1 kW) to and including 1,000,000 (293.1 kW).....................................................$43.00 • over 30 horsepower (105.5 kW)to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW)to and including 1,750,000 (512.9 kW)..................................$64.00 • over 50 horsepower(176 kW) or each absorption system over 1,750,000 Btu/h (512.9 kW)....................................................................$107.00 7. For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4,719 Us), including ducts attached thereto, which is not a portion of factory assembled appliance or unit for which a permit is required ..................$12.00 ■ over 10,000 cfm (4,719 Us)......................................................................$21.00 8. For each evaporative cooler other than portable type...........................................$12.00 9. For each ventilation fan connected to a single duct................................................$8.00 10. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit.....................................................$12.00 11. For each hood served by mechanical exhaust, including the ducts forsuch hood.........................................................................................................$12.00 12. For each domestic-type incinerator.......................................................................$21.00 13. For each commercial or industrial-type incinerator...............................................$17.00 • 1 Exhibit B- Mechanical Permit Fees (CONT.) Exhibit "B" City of Kent Mechanical Permit Fees Unit Fee Schedule (cont.): 14. For each mechanical appliance or piece of equipment regulated by the mechanical code or the residential code, not classed in other appliance categories, or for which no other fee is listed in this table.....................................$12.00 15. For each fuel gas or fuel oil piping system of one to five outlets.............................$6.00 16. For each additional piping system outlet, per outlet................................................$1.00 Other Inspections and Fees: For inspections outside of normal business hours (minimum charge—two hours)............................................................................$86.00 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available....................................................................I........$86.00 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans............................................................................$86.00 per hour Investigation fee when work is commenced prior to obtaining required building, mechanical, or plumbing permit....................................................... 100% of permit fee Appealfiling fee................................................................................................................$200.00 • 2 Exhibit B— Mechanicai Permit Fees Exhibit "C" City of Kent Plumbing Permit Fees Permit Issuance Fees: 1. For the issuance of each plumbing permit ............................................................$23.00 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finalized.......................................................................$12.00 Unit Fee Schedule: 1. For each plumbing fixture on one trap or a set of fixtures on one trap, including water, drainage piping and backflow protection therefore.................................................................$8.00 2. For each building sewer and each trailer park or mobile home park sewer..........$17.00 3. Rainwater systems-per drain (inside building) ....................................................... $8.00 4. For each water heater and/or vent..........................................................................$8.00 5. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps.......................................................$8.00 6. For each installation, alteration or repair of water piping and/or water treating equipment, each .................................................................................................................................$8.00 7. For each repair or alteration of drainage or vent piping, each fixture......................$8.00 8. For each lawn sprinkler system on any one meter including backflow protection devices therefore .................................................................................................................................$8.00 9. For atmospheric-type vacuum breakers not included in item 8: 1 to 5 vacuum breakers..............................................................................$6.00 over 5 vacuum breakers, each.....................................................................1.00 10. For each backflow protective device other than atmospheric-type vacuum breakers: 2 inch (51 mm) diameter or smaller............................................................$8.00 over 2 inch (51 mm) diameter...................................................................$17.00 11. For each graywater or reclaimed water system ....................................................$46.00 12. For each medical gas piping system for a specific gas: 1 to 5 inlets/outlets.................................................................................................$58.00 over5 inlets/outlets, each........................................................................................$6.00 Other Inspections and Fees: For inspections outside of normal business hours (minimum charge—two hours)............................................................................$86.00 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available.............................................................................$86.00 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans............................................................................$86.00 per hour Investigation fee when work is commenced prior to obtaining required building, mechanical, or plumbing permit....................................................... 100% of permit fee Appealfiling fee................................................................................................................$200.00 1 Exhibit C— Piumbing Permit Fees Exhibit "D" City of Kent Fire Permit Fees Permit Issuance Fees: 1. For the issuance of each annual permit under the fire code.................................$57.50 2. For the issuance of each annual fire protection system permit, per building................................................................................................$75.00 3. For the issuance of a residential home heating fuel tank removal permit, per application .............................................................................$75.00 4. For the issuance of a fireworks permit for a fireworks stand, per application .....$100.00 5. For the issuance of a fireworks permit for a fireworks display, per application...$100.00 Other Inspections and Fees: For each hydrant flow request.............................................................................$86.00 per hour Initial fire and life safety inspection for new business, per application...............................$50.00 For inspections outside of normal business hours (minimum charge—two hours)............................................................................$86.00 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available.............................................................................$86.00 per hour Appealfiling fee................................................................................................................$200.00 Penalty Fees: Failing to mark or maintain the marking of a designated fire lane....................................$150.00 1 Exhibit D— Fire Permit Fees COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director . PLANNING SERVICES KEN T Charlene Anderson,AICP, Manager W A 5 H I N G T O N Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: APRIL 12,2004 TO: CHAIR TIM CLARK AND PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MEMBERS FROM: CHARLENE ANDERSON, AICP,PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: COUNTYWIDE PLANNING POLICIES -AMENDMENT KING COUNTY COUNCIL ORDINANCE#14844-AUBURN AS URBAN CENTER MOTION: I move to recommend/not recommend ratification of an amendment to the Countywide Planning Policies designating Downtown Auburn as an Urban Center, approved under GMPC Motion No. 03-2, and to forward to the Full City Council for final action. SUMMARY: The adoption of countywide planning policies is required under the State Growth Management Act (GMA), pursuant to RCW 36.70A.210. The Countywide Planning Policies (CPPs) provide a framework for Kent and other cities in King County to conduct planning under the requirements of GMA. This framework ensures that city and county comprehensive plans are consistent. On March 8`l', the King County Council approved and ratified an amendment that had been approved by the Growth Management Planning Council (GMPC) designating Downtown Auburn as an Urban Center. Now the amendment is presented to jurisdictions in King County for ratification. BUDGET IMPACT: None BACKGROUND: The City of Kent ratified the original CPPs on September 15, 1992, with Resolution No. 1326 and ratified Phase II amendments to the CPPs on November 16, 1994. Over the years, the City has ratified other proposed amendments. Through the Growth Management Planning Council (GMPC), jurisdictions within King County work together to plan for economic and population growth in King County, including consideration of CPPs. The Countywide Planning Policies become effective when ratified by ordinance or resolution of at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the established Interlocal Agreement. A city will be deemed to have ratified the amendments to the Countywide Planning Policies unless the city takes legislative action to disapprove the amendments within 90 days of adoption by King County. GMPC Motion No. 03-2 to amend the CPPs by designating Downtown Auburn as an Urban Center was approved and ratified by the full County Council on March 8, 2004. The 90-day deadline for legislative action on the proposed amendment is June 7, 2004. CA\pm:S:\Permit\Plan\CompPlanAmdments\2004\cpppedc04l9O4.doc Enc: March 18,2004 letter from King County Council including Ordinancel4844,GMPC Motion No. 03-2,and Revised King County Staff Report#2004-0033 cc: Fred N.Satterstrom,AICP,C.D Director Charlene Anderson,Planning Manager King County March 18, 2004 The Honorable Jim White City of Kent 220-4th Avenue South Kent, WA 98032-5895 Dear a r White: We leased to forward for your consideration and ratification the enclosed a dment to the King County Countywide Planning Policies (CPP). On March 8, 2004, the King County Council approved and ratified an amendment on behalf of unincorporated King County. Copies of the King County Council staff reports, ordinance and Growth Management Planning Council motion are enclosed to assist you in your review of these amendments. • Ordinance No. 14844, GMPC Motion No. 03-2, amending the Countywide Planning Policies by designating Downtown Auburn (the Auburn Central Business District) as an Urban Center. Downtown Auburn is added to the list of Urban Centers following Countywide Planning Policy LU-39. In accordance with the Countywide Planning Policies, FW-1, Step 9, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the interlocal agreement. A city will be deemed to have ratified the amendments to the County wide Planning Policies unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please note that the 90-day deadline for this amendment is June 7, 2004. If you have any questions about the amendments or ratification process, please contact Paul Reitenbach, Senior Policy Analyst, King County Department of Development and Environmental Services, at 206-296-6705, or Lauren Smith, Legislative Analyst, King County Council, at 206-296-0352. If you adopt any legislation relative to this action, please send a copy of the legislation by the close of business, June 7, 2004, to Anne Noris, Clerk of the Council, W1025 King County Courthouse, 516 Third Avenue, Seattle, WA 98104. Thank you for your prompt attention to this matter. Sinj arhair ims Kinuncil King County Executive Enclosures cc^"King County City Planning Directors Suburban Cities Association Stephanie Warden, Director, Department of Development and Environmental Services (DDES) Paul Reitenbach, Senior Policy Analyst, DDES Megan Smith, Lead Staff, Growth Management & Unincorporated Areas Committee (GMUAC) Lauren Smith, Legislative Analyst, GMUAC KING. COUNTY 1200 King County Courthouse 516 Third Avenue Seattle,WA 98104 Signature Report March 8, 2004 Ordinance 14844 Proposed No. 2004-0033.2 Sponsors Patterson and Hammond 1 AN ORDINANCE adopting amendments to the 2 Countywide Planning Policies; designating downtown 3 Auburn as an Urban Center;ratifying the amended 4 Countywide Planning Policies for unincorporated King 5 County; and amending Ordinance 10450, Section 3, as 6 amended, and K.C.C.20.10.030 and Ordinance 10450, 107 Section 4, as amended, and K.C.C.20.10.040. 8 9 10 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 11 SECTION 1. Findings. The council makes the following findings: 12 A. The metropolitan King County council adopted and ratified the Growth 13 Management Planning Council recommended King County 2012 -Countywide Planning 14 Policies(Phase 1)in July 1992,under Ordinance 10450. 15 B. The metropolitan King County council adopted and ratified the Phase 11 16 amendments to the Countywide Planning Policies on August 15, 1994, under Ordinance . 17 11446. 1 a Ordinance14844 1 C. The Growth Management Planning Council met on September 17, 2003 and 19 voted to recommend amendments to the King County 2012 - Countywide Planning 20 Policies, designating downtown Auburn as an Urban Center. 21 SECTION 2. Ordinance 10450, Section 3, as amended,and K.C.C. 20.10.030 are 22 each hereby amended to read as follows: 23 Phase 11. 24 A. The Phase II Amendments to the King County 2012 Countywide Planning 25 Policies attached to Ordinance 11446 are hereby approved and adopted. 26 B. The Phase H Amendments to the King County 2012- Countywide Planning 27 Policies are amended, as shown by Attachment 1 to Ordinance 12027. 28 C. The Phase II Amendments to the King County 2012- Countywide Planning 20 Policies are amended,as shown by Attachment 1 to Ordinance 12421. 30 D. The Phase H Amendments to the King County 2012 - Countywide Planning 31 Policies are amended, as shown by Attachments i and 2 to Ordinance 13260. 32 E. The Phase H Amendments to the King County 2012- Countywide Planning 33 Policies are amended,as shown by Attachments 1 through 4 to Ordinance 13415. 34 F. The Phase H Amendments to the King County 2012- Countywide Planning 35 Policies are amended, as shown by Attachments 1 through 3 to Ordinance 13858. 36 G. The Phase H Amendments to the King County 2012-Countywide Planning 37 Policies are amended,as shown by Attachment 1 to Ordinance 14390. 38 H. The Phase 11 Amendments to the King County 2012-Countywide Planning 39 Policies are amended, as shown by-Attachment 1 to Ordinance 14391. 2 Ordinance 14844 �40 I. The Phase II Amendments to the King County 2012—Countywide Planning 41 Policies are amended, as shown by Attachment 1 to Ordinance 14392. 42 J. The Phase II Amendments to the King County 2012 Countywide Planning 43 Policies are amended, as shown by Attachment 1 to Ordinance 14652. 44 K. The Phase 11 Amendments to the King County 2012 -Countywide Planning 45 Policies are amended, as shown by Attachments 1 through 3 to Ordinance 14653. 46 L. The Phase 11 Amendments to the King County 2012- Countywide Planning 47 Policies are amended, as shown by Attachment 1 to Ordinance 14654. 48 M. The Phase 11 Amendments to the King County 2012 -Countywide Planning 49 Policies are amended, as shown by Attachment 1 to Ordinance 14655. 50 N. The Phase II Amendments to the King County 2012 - Countywide Planning . 1 Policies are amended, as shown by Attachments 1 and 2 to Ordinance 14656. 52 O. The Phase 1I Amendments to the King County 2012 -Countywide Planning 53 Policies are amended, as shown by Attachment A to this ordinance. 54 SECTION 3. Ordinance 10450, Section 4, as amended, and K.C.C. 20.10.040 are 55 each hereby amended to read as follows: 56 Ratification for unincorporated King County. , 57 A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes 58 specified are hereby ratified on behalf of the population of unincorporated King County. 59 B. The amendments to the Countywide Planning Policies adopted by Ordinance 60 10840 are hereby ratified on behalf of the population of unincorporated King County. 61 C. The amendments to the Countywide Planning Policies adopted by Ordinance 62 11061 are hereby ratified on behalf of the population of unincorporated King County. 3 Ordinance14844 D. The Phase II amendments to the King County 2012 Countywide Planning 64 Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of 65 unincorporated King County. 66 E. The amendments to the King County 2012 - Countywide Planning Policies, as 67 shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the 68 population of unincorporated King County. 69 F. The amendments to the King County 2012 - Countywide Planning Policies, as 70 shown by Attachment 1 to Ordinance 12421, are hereby ratified on behalf of the 71 population of unincorporated King County. 72 G. The amendments to the King County 2012 - Countywide Planning Policies, as 73 shown by Attachments 1 and 2 to Ordinance 13260, are hereby ratified on behalf of the population of unincorporated King County. 75 H. The amendments to the King County 2012 - Countywide Planning Policies, as 76 shown by Attachment 1 through 4 to Ordinance 13415, are hereby ratified on behalf of 77 the population of unincorporated King County. 78 I. The amendments to the King County 2012 - Countywide Planning Policies, as 79 shown by Attachments I through 3 to Ordinance 13858, are hereby ratified on behalf of 80 the population of unincorporated King County. 81 1 The amendments to the King County 2012 - Countywide Planning Policies,as 82 shown by Attachment 1 to Ordinance 14390, are hereby ratified on behalf of the 83 population of unincorporated King County. 4 Ordinance 14844 4 K. The amendments to the King County 2012- Countywide Planning Policies, as 85 shown by Attachment 1,to Ordinance 14391, are hereby ratified on behalf of the 86 population of unincorporated King County. 87 L. The amendments to the King County 2012- Countywide Planning Policies, as 88 shown by Attachment 1 to Ordinance 14392, are hereby ratified on behalf of the 89 population of unincorporated King County. 90 M. The amendments to the King County 2012 - Countywide Planning Policies, as, 91 shown by Attachment 1 to Ordinance 14652, are hereby ratified on behalf of the 92 population of unincorporated King County. 93 N. The amendments to the King County 2012 - Countywide Planning Policies, as 94 shown by Attachments 1 through 3 to Ordinance 14653, are hereby ratified on behalf of 0 5 the population of unincorporated King County. 6 O. The amendments to the Kin Count 2012 - Countywide Planning Policies, as g Y Y�' 97 shown by Attachment 1 to Ordinance 14654, are hereby ratified on behalf of the 98 population of unincorporated King County. 99 P. The amendments to the King County 2012 - Countywide Planning Policies, as 100 shown by Attachment 1 to Ordinance 14655, are hereby ratified on behalf of the 101 population of unincorporated King County. 102 Q. The amendments to the King County 2012 - Countywide Planning Policies, as 103 shown by Attachments 1 and 2 to Ordinance 14656, are hereby ratified on behalf of the 104 population of unincorporated King County. 5 Ordinance 14844 1* R. The amendments to the King County 2012 - Countywide Planning Policies, as 106 shown by Attachment A to this ordinance are hereby ratified on behalf of the population 107 of unincorporated King County. 108 Ordinance 14844 was introduced on 1/20/2004 and passed by the Metropolitan King County Council on 3/8/2004,by the following vote: Yes: 12 -Mr.Phillips,Ms.Edmonds,Mr.von Reichbauer,Ms. Lambert, Mr. McKenna,Mr. Ferguson,Mr.Hammond,Mr. Gossett,Ms. Hague,Mr. Irons, Ms. Patterson and Mr. Constantine. No: 0 Excused: 1 -Mr.Pelz KING COUNTY COUNCIL KING COUNTY,WASHINGTON ez Larry Phillilf,Chain ATTEST: Anne Noris,Clerk of the Council APPROVED this day of " — ,2004. Ron Sims,County Executive"X o o M cc� t €-3 Xr- Attachments A. GMPC Motion No.03-2 c `� c C.0 z •• C'J F -a 6 14844 Attachment A September 17, 2003 Sponsored By: Executive Committee I MOTION NO. 03-2 2 A MOTION to amend the Countywide Planning Policies by 3 designating Downtown Auburn (the Auburn Central Business 4 District) as an Urban Center. Downtown Auburn is added to 5 the list of Urban Centers following Countywide Planning 6 Policy LU-39. 7 8 9 WHEREAS, A goal of the Growth Management Act is to encourage development in Urban 10 Areas where adequate public facilities exist or can be provided in an efficient manner; 11 12 VVHEREAS, Policy LU-39 of the Countywide Planning Policies of King County describes 13 the criteria for Urban Center designation; 14 15 WHEREAS, Policy LU-40 of the Countywide Planning Policies of King County describes 16 standards for planned land uses within Urban Centers; 17 18 WHEREAS, the City of Auburn has demonstrated that Downtown Auburn meets the 19 criteria for designation as an Urban Center; and 20 21 WHEREAS, King County Comprehensive Plan Policy U-106 supports the development of 22 Urban Centers to meet the region's needs for housing, jobs, services, culture and 23 recreation. 24 25 26 27 28 29 3 31 32 33 14844 • - Attachment A 1 2 3 4 THE GROWTH MANAGEMENT PLANNING COUNCIL OF KING COUNTY 5 HEREBY MOVES AS FOLLOWS: 6 7 Downtown Auburn is designated as an Urban Center. The list of Urban Centers following 8 Countywide Planning Policy LU-39 is modified to include Downtown Auburn. 9 10 ADOPTED by the Growth Management Planning Council of King County on 11 September 17, 2003 in open session. 12 , 13 14 15 16 17 18 19 20 Ron Sims,Chair, Growth Management Planning Council i • o Metropolitan King County Council Growth Management and Unincorporated Areas Committee Revised Staff Report Agenda Item: Name: Lauren Smith Proposed Ordinance: 2004-0033 Date: SUBJECT: The Growth Management Planning Council recommends amending the Countywide Planning Policies by designating downtown Auburn as an Urban Center. Proposed Ordinance 2004-0033 would adopt this amendment, and ratify the amended Countywide Planning Policies on behalf of unincorporated King County. BACKGROUND: The Growth Management Planning Council and Countywide Planning Policies The Growth Management Planning Council (GMPC) is a formal body comprised of elected officials from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. The GMPC was created in 1990 in response to a provision in the Washington State Growth Management Act (GMA) • requiring cities and counties to work together to adopt Countywide Planning Policies (CPPs). Under GMA, countywide planning policies serve as the framework for each individual jurisdiction's comprehensive plan, and ensure countywide consistency with respect to land use planning efforts. The GMPC drafted the CPPs,which were then adopted by the King County Council and ratified by the cities. Subsequent amendments to the CPPs are recommended by the GMPC, adopted by the King County Council, and ratified.by the cities. They become effective when ratified by ordinance or resolution by at least 30%of the city and county governments representing 70% of the population of King County. A city shall be deemed to have ratified an amendment to the countywide planning policies unless, within 90 days of adoption by King County, the city by legislative action disapproves it. The City of Auburn's Request to become an Urban Center In 2003, the,City of Auburn requested that its downtown core be designated as an Urban Center in the Countywide Planning Policies. Urban Centers are envisioned in the CPPs as areas of concentrated employment and housing,with direct service by high-capacity transit, and a wide range of other land uses. They are expected to account for up to one half of King County's employment growth and one quarter of household growth over the next 20 years. Designating Auburn's central business district as an Urban Center would involve amending Countywide Planning Policy LU-39 to add it to the list of existing Urban Centers, which currently includes: Bellevue Kirkland Seattle (5) Kent Redmond (2) Tukwila Federal Way Renton C:IDOCUME-1\pedrozme0.0CALS-1%TenVMegitempl2844.dm 2/27/2004 3:33 PM • Urban Center Requirements - In order to be designated as an Urban Center,jurisdictions must meet specific criteria in the Countywide Planning Policies, including having planned land uses to accommodate: A minimum of 15,000 jobs within one-half mile of a transit center; At a minimum, an average of 50 employees per gross acre; and :• At a minimum, an average of 15 households per acre. In addition to these requirements, Policy LU-40 states that fully realized Urban Centers shall be characterized by the following: ' Clearly defined geographic boundaries; :• An intensity/density of land uses sufficient to support effective and rapid transit; Pedestrian emphasis within the Center; Emphasis on superior urban design which reflects the local community; :• Limitations on single-occupancy vehicle usage during peak commute hours; A broad array of land uses and choices within those land uses for employees and residents; Sufficient public open spaces and recreational opportunities; and Uses which provide both daytime and nighttime activities in the Center. City of Auburn's Existing and Planned Conditions The existing conditions in Auburn's proposed Urban Center are as follows: 6,000 jobs within one-half mile of a transit center; :• An average of 14 employees per gross acre; and An average of less than 1 household per acre. The Countywide Planning Policies recognize that Urban Centers vary substantially in the number of households and jobs they contain at the time of their initial designation, and thus the decision to designate an Urban Center is based on planned, not existing, densities. A jurisdiction shows its commitment to realizing these densities through its comprehensive plan policies, a supportive regulatory environment and a commitment to provide adequate infrastructure. GMPC Recommendation The GMPC, through the unanimous adoption of Motion 03-2, has declared that the City of Auburn has demonstrated its commitment to developing a fully realized Urban Center as envisioned in the Countywide Planning Policies. Specific findings include: s The city has completed the necessary planning to support an Urban Center designation, including the adoption of a new downtown plan in 2001. Auburn's new downtown plan supports increased transit-oriented development, - pedestrian amenities and strong urban design, and a commitment to eliminating automobile oriented uses in the downtown area.. + Auburn is the site of a major transit hub, which is the centerpiece of approximately$67 million in public works investments in the downtown core. Recent zoning code amendments include the removal of building height limitations in the • Urban Center, and reduced parking requirements for uses close to the transit center. C.IDOCUME-11pedroz \LOCALS-11Templlegitemp1284A.do 2/27/2004 3:33 PM Other comprehensive plan policies are in place to support transit use, pedestrian access, economic development, and urban design standards. SUMMARY: Proposed Ordinance 2004-0033 would amend the Countywide Planning Policies by: :- Adding downtown Auburn to the list of Urban Centers in Policy LU-39 Additionally, the ordinance would ratify the change on behalf of the population of unincorporated King County, as required by Countywide Planning Policy FW-1, Step 9. • C:100CUME-1lpedro elLOCALS-1\TempVegitemp12844.do 2/27/2004 333PM Page 1 of 3 RCW 36.70A.21O • County-wide planning policies. (1) The legislature recognizes that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within urban growth areas. For the purposes of this section, a county-wide planning policy" is a written policy statement or statements used solely for establishing a county-wide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100. Nothing in this section shall be construed to alter the land-use powers of cities. (2) The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a county-wide planning policy in cooperation with the cities located in whole or in part within the county as follows: (a) No later than sixty calendar days from July 16, 1991, the legislative authority of each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040 shall convene a meeting with representatives of each city located within the county for the purpose of establishing a collaborative process that will provide a framework for the adoption of a county-wide planning policy. In . other counties that are required or choose to plan under RCW 36.70A.040, this meeting shall be convened no later than sixty days after the date the county adopts its resolution of intention or was certified by the office of financial management. (b) The process and framework for adoption of a county-wide planning policy specified in (a) of this subsection shall determine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desired planning policies, deadlines, ratification of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith. (c) If a county fails for any reason to convene a meeting with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate sanction or sanctions on the county from those specified under RCW 36.70A.340. (d) If there is no agreement by October 1, 1991, in a county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or if there is no agreement within one hundred twenty days of the date the county adopted its resolution of intention or was certified by the office of financial management in any other county that is required or chooses to plan under RCW 36.70A.040, the • governor shall first inquire of the jurisdictions as to the reason or reasons for failure to reach an agreement. If the governor deems it appropriate, the governor may immediately request the assistance of the department of community, trade, http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.210... 4/1/2004 Page 2 of 3 and economic development to mediate any disputes that preclude agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose appropriate sanctions from those specified under RCW 36.70A.340 on the county, city, or cities for failure to reach an agreement as provided in this section. The governor shall specify the reason or reasons for the imposition of any sanction. (e) No later than July 1, 1992, the legislative authority of each county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or no later than fourteen months after the date the county adopted its resolution of intention or was certified by the office of financial management the county legislative authority of any other county that is required or chooses to plan under RCW 36.70A.040, shall adopt a county-wide planning policy according to the process provided under this section and that is consistent with the agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed county-wide planning policy. (3) A county-wide planning policy shall at a minimum, address the following: (a) Policies to implement RCW 36.70A.110; (b) Policies for promotion of contiguous and orderly development and • provision of urban services to such development; (c) Policies for siting public capital facilities of a county-wide or statewide nature, including transportation facilities of statewide significance as defined in RCW 47.06.140; (d) Policies for county-wide transportation facilities and strategies; (e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution; (f) Policies for joint county and city planning within urban growth areas; (g) Policies for county-wide economic development and employment; and (h) An analysis of the fiscal impact. (4) Federal agencies and Indian tribes may participate in and cooperate with the county-wide planning policy adoption process. Adopted county-wide planning policies shall be adhered to by state agencies. (5) Failure to adopt a county-wide planning policy that meets the requirements • of this section may result in the imposition of a sanction or sanctions on a county or city within the county, as specified in RCW 36.70A.340. In imposing a sanction http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.210... 4/1/2004 Page 3 of 3 or sanctions, the governor shall specify the reasons for failure to adopt a county- wide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a county-wide planning policy. (6) Cities and the governor may appeal an adopted county-wide planning policy to the growth management hearings board within sixty days of the adoption of the county-wide planning policy. (7) Multicounty planning policies shall be adopted by two or more counties, each with a population of four hundred fifty thousand or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region. [1998 c 171 § 4; 1994 c 249 § 28; 1993 sp.s. c 6 § 4; 1991 sp.s. c 32 § 2.] NOTES: Severability -- Application -- 1994 c 249: See notes following RCW 34.05.310. Effective date -- 1993 sp.s. c 6: See note following RCW 36.70A.040. • • http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=36.70A.210... 4/1/2004 KING COUNTY 1200 King County Courthouse 516 Third Avenue Seattle,WA 98104 n* Signature Report March 8, 2004 Ordinance 14844 Proposed No. 2004-0033.2 Sponsors Patterson and Hammond ] AN ORDINANCE adopting amendments to the 2 Countywide Planning Policies; designating downtown 3 Auburn as an Urban Center;ratifying the amended 4 Countywide Planning Policies for unincorporated King 5 County; and amending Ordinance 10450, Section 3, as 6 amended, and K.C.C. 20.10.030 and Ordinance 10450, Section 4, as amended, and K.C.C. 20.10.040. 8 9 10 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 11 SECTION 1. Findings. The council makes the following findings: 12 A. The metropolitan King County council adopted and ratified the Growth 13 Management Planning Council recommended King County 2012 - Countywide Planning 14 Policies (Phase I)in July 1992,under Ordinance 10450. 15 B. The metropolitan King County council adopted and ratified the Phase II 16 amendments to the Countywide Planning Policies on August 15, 1994,under Ordinance . 17 11446. 1 Ordinance14844 I. The Phase II Amendments to the King County 2012—Countywide Planning 41 Policies are amended, as shown by Attachment 1 to Ordinance 14392. 42 J. The Phase II Amendments to the King County 2012 - Countywide Planning 43 Policies are amended, as shown by Attachment 1 to Ordinance 14652. 44 K. The Phase H Amendments to the King County 2012 - Countywide Planning 45 Policies are amended, as shown by Attachments 1 through 3 to Ordinance 14653. 46 L. The Phase II Amendments to the King County 2012 - Countywide Planning 47 Policies are amended, as shown by Attachment 1 to Ordinance 14654. 48 M. The Phase II Amendments to the King County 2012 - Countywide Planning 49 Policies are amended, as shown by Attachment 1 to Ordinance 14655. 50 N. The Phase II Amendments to the King County 2012 - Countywide Planning - 40 Policies are amended, as shown by Attachments 1 and 2 to Ordinance 14656. 52 O. The Phase II Amendments to the King County 2012 -Countywide Planning 53 Policies are amended, as shown by Attachment A to this ordinance. 54 SECTION 3. Ordinance 10450, Section 4, as amended, and K.C.C. 20.10.040 are 55 each hereby amended to read as follows: 56 Ratification for unincorporated King County., 57 A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes 58 specified are hereby ratified on behalf of the population of unincorporated King County. 59 B. The amendments to the Countywide Planning Policies adopted by Ordinance 60 10840 are hereby ratified on behalf of the population of unincorporated King County. 61 C. The amendments to the Countywide Planning Policies adopted by Ordinance t 11061 are hereby ratified on behalf of the population of unincorporated King County. 3 Ordinance 14844 K. The amendments to the King County 2012 - Countywide Planning Policies, as 85 shown by Attachment 1 to Ordinance 14391, are hereby ratified on behalf of the 86 population of unincorporated King County. 87 L. The amendments to the King County 2012 - Countywide Planning Policies, as 88 shown by Attachment 1 to Ordinance 14392, are hereby ratified on behalf of the 89 population of unincorporated King County. 90 M. The amendments to the King County 2012 - Countywide Planning Policies, as 91 shown by Attachment I to Ordinance 14652, are hereby ratified on behalf of the 92 population of unincorporated King County. 93 N. The amendments to the King County 2012 - Countywide Planning Policies, as 94 shown by Attachments 1 through 3 to Ordinance 14653, are hereby ratified on behalf of 6 the population of unincorporated King County. 96 O. The amendments to the King County 2012 - Countywide Planning Policies, as 97 shown by Attachment 1 to Ordinance 14654, are hereby ratified on behalf of the 98 population of unincorporated King County. 99 P. The amendments to the King County 2012 - Countywide Planning Policies, as 100 shown by Attachment 1 to Ordinance 14655, are hereby ratified on behalf of the 101 population of unincorporated King County. 102 Q. The amendments to the King County 2012 - Countywide Planning Policies, as 103 shown by Attachments 1 and 2 to Ordinance 14656, are hereby ratified on behalf of the 104 population of unincorporated King County. 5 14844 Attachment A • September 17, 2003 Sponsored By: Executive Committee 1 MOTION NO. 03-2 2 A MOTION to amend the Countywide Planning Policies by 3 designating Downtown Auburn (the Auburn Central Business 4 District) as an Urban Center. Downtown Auburn is added to 5 the list of Urban Centers following Countywide Planning 6 Policy LU-39. 7 8 9 WHEREAS, A goal of the Growth Management Act is to encourage development in Urban 10 Areas where adequate public facilities exist or can be provided in an efficient manner; 11 12 WHEREAS, Policy LU-39 of the Countywide Planning Policies of King County describes 13 the criteria for Urban Center designation; 14 15 WHEREAS, Policy LU-40 of the Countywide Planning Policies of King County describes 16 standards for planned land uses within Urban Centers; 17 18 WHEREAS, the City of Auburn has demonstrated that Downtown Auburn meets the 19 criteria for designation as an Urban Center; and 20 21 WHEREAS, King County Comprehensive Plan Policy U-106 supports the development of 22 Urban Centers to meet the region's needs for housing, jobs, services, culture and 23 recreation. 24 25 26 27 28 29 3 31 32 33 o Metropolitan King County Council Growth Management and Unincorporated Areas Committee Revised Staff Report Agenda Item: Name: Lauren Smith Proposed Ordinance: 2004-0033 Date: SUBJECT: The Growth Management Planning Council recommends amending the Countywide Planning Policies by designating downtown Auburn as an Urban Center. Proposed Ordinance 2004-0033 would adopt this amendment, and ratify the amended Countywide Planning Policies on behalf of unincorporated King County. BACKGROUND: The Growth Management Planning Council and Countywide Planning Policies The Growth Management Planning Council (GMPC) is a formal body comprised of elected officials from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. The GMPC was created in 1990 in response to a provision in the Washington State Growth Management Act (GMA) requiring cities and counties to work together to adopt Countywide Planning Policies (CPPs). Under GMA, countywide planning policies serve as the framework for each individual jurisdiction's comprehensive plan, and ensure countywide consistency with respect to land use planning efforts. The GMPC drafted the CPPs, which were then adopted by the King County Council and ratified by the cities. Subsequent amendments to the CPPs are recommended by the GMPC, adopted by the King County Council, and ratified by the cities. They become effective when ratified by ordinance or resolution by at least 30% of the city and county governments representing 70% of the population of King County_ A city shall be deemed to have ratified an amendment to the countywide planning policies unless, within 90 days of adoption by King County, the city by legislative action disapproves it. The City of Auburn's Request to become an Urban Center In 2003, the City of Auburn requested that its downtown core be designated as an Urban Center in the Countywide Planning Policies. Urban Centers are envisioned in the CPPs as areas of concentrated employment and housing,with direct service by high-capacity transit, and a wide range of other land uses. They are expected to account for up to one half of King County's employment growth and one quarter of household growth over the next 20 years. Designating Auburn's central business district as an Urban Center would involve amending Countywide Planning Policy LU-39 to add it to the list of existing Urban Centers, which currently includes: Bellevue Kirkland Seattle (5) Kent Redmond (2) Tukwila Federal Way Renton C:IVOCUME-1%pedrozmelLOCALS-1%TempPegitemp12844.do 2/27/2004 3:33 PM - r Other comprehensive plan policies are in place to support transit use, pedestrian access, economic development, and urban design standards. SUMMARY: Proposed Ordinance 2004-0033 would amend the Countywide Planning Policies by: Adding downtown Auburn to the list of Urban Centers in Policy LU-39 Additionally, the ordinance would ratify the change on behalf of the population of unincorporated King County, as required by Countywide Planning Policy FW-1, Step 9. Q\OOCUME-1bedrozmelLOCALS-1\Temp\legilempl2844 doc 2/27/2004 3.33 PM