HomeMy WebLinkAbout2517Ordinance No. 2517
(Amending or Repealing Ordinances)
CFN=187 - Uniform Plumbing Code
CFN=205 - Uniform Building Code
Passed 12/17/1984
Repealed by Ord. 3415
Repealed by Ord. 3967 (Ch. 14.10)
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ORDINANCE NO. �5 /
AN ORDINANCE of the City of Kent,
Washington relating to building codes; adding a
new Chapter 14.01 Kent City Code to create a
Board of Appeals; amending Chapter 14.04 of
Kent City Code (Ordinance No. 2199, as last
amended by Ordinance No. 2229) to adopt the
Uniform Building Code 1982 Edition, together
with certain additions thereto and adopting
specific chapters of the appendix to said Code;
amending Chapter 14.10 of Kent City Code
(Ordinance 2201) to adopt the Uniform Code for
the Abatement of Dangerous Buildings 1982
Edition, together with certain additions
thereto; amending Chapter 14.12 of Kent City
Code (Ordinance 2201) to adopt the Uniform
Housing Code 1982 Edition, together with
certain additions thereto; amending Chapter
14.14 of Kent City Code (Ordinance 2201) to
adopt the Uniform Mechanical Code 1982 Edition,
together with certain additions thereto;
amending Chapter 14.16 of Kent City Code
(Ordinance 2200) to adopt the Uniform Plumbing
Code 1982 Edition, together with certain
additions thereto; adopting the amendments to
the Barrier Free Facilities Regulations,
adopted by the Washington State Building Code
Advisory Council; and adding a new Chapter
14.24 Kent City Code to set out a uniform
penalty clause applicable to Title 14, Kent
City Code.
WHEREAS, the City Council of the City of Kent has deter-
mined that the enactment of comprehensive, uniform building
regulations will promote the health, safety and welfare of the
citizens of Kent; and
WHEREAS, such building regulations will define minimum
performance standards and requirements for construction and
construction materials, consistent with accepted standards of
engineering, fire and life safety; and
WHEREAS, such building regulations will set out require-
ments for minimum performance standards; and
WHEREAS, comprehensive building regulations will elimi-
nate restrictive, obsolete, conflicting and duplicative regula-
tions and requirements which unnecessarily increase construction
costs and/or retard the use of new materials, products, or methods'
of construction; and
WHEREAS, the enactment of such comprehensive building
regulations is consistent with the mandate of RCW 19.27.020; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
UNIFORM BUILDING CODE
Section 1. Section 14.04.04 Kent City Code (Ordinance
2199, as last amended by Ordinance 2229) is hereby amended to read
as follows:
14.04.040. UNIFORM BUILDING CODE ADOPTED --AMENDMENTS.
There is adopted (-(u
`______ in this Seetien and)) upon the filing of (�`- -) one
(;copies" copy thereof with the Kent City Clerk, that certain
code known as Uniform Building Code - (( "mo) 1982 Edition, with
the following additions and amendments:
( T, A. Section 301 (((a)!.) shall be amended to
add the following: (c) PERFORMANCE BONDS. Before any demolition
permit is issued, the applicant or his agent shall post a cash
bond with the City Treasurer in the amount of (-($290-H $300.00
which will be refundable upon (-Tr inspection (-{beer,
approved ^F the permit)) and final approval. If a permanent bond
is on file with the City Treasurer, that amount may be $200.00."
(++b4 -,4 B. There is added to Chapter (-(13) ) 12,
"Requirements for Group R, Division 1 Occupancies," a new section
to be designated as Section ffl-3-i}j 1213 (b), and which shall
read as follows:
It is hereby established that the paved vehicular
access (driveway, private roads) to any R-1 Occupancy (as
defined in the Uniform Building Code) shall not exceed a
slope of 10% from the property line to the required
off-street parking stall(s), or the point required for
fire department access to the off-street stall or stalls.
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EXCEPTION: The Building Official may allow the driveway
or private road to exceed 10%, but not to exceed 15% when
requested in writing by both the owner and contractor, or
to exceed 12% if the structure is more than 150 feet from
the nearest fire hydrant, provided that in the opinion of
the Building Official there is no reasonable alterna-
tive.
C. There is to be added to Chapter 12
"Requirements for Group R Division 3 Occupancies," a new Section
to be designated as Section (-f+4+4-H 1213 (c). and which shall
read as follows:
It is hereby established that the paved vehicular
access (driveway, private road) to any R-3 Occupancy as
defined by the Uniform Building Code shall not exceed a
slope of 10% from the property line to the required
off-street stall(s), or the point required for fire
department access to the required off-street stall or
stalls.
EXCEPTION: The Building Official may allow the driveway
or private road to exceed 10% but not to exceed 15% when
requested in writing from the owner and the contractor,
or to exceed 12% if the structure is more than 150 feet
from the nearest fire hydrant, provided that in the
opinion of the Building Official there is no reasonable
alternative.
(fi-d:}) D. All references in Chapter 17 or any other
Chapter of this Code shall be superseded by the Washington State
Rules and Regulations for Barrier Free Facilities, as now or
hereinafter adopted.
added te state
E. Section 4506 (b), "Awning - Exception," is
amended to read as follows:
"Fixed awnings of any length may be erected on
a one story building."
�{�H F. Section 305 (e)2. (4--.b)) is deleted.
M -h+ -H G. Section 205, "Violations and Penalties,"
is hereby repealed.
H. A new subsection 1717 (d) is added as follows:
Exterior foundation walls of masonry construction
enclosing a basement shall be damp roofed by applying not
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less than 3/8" of portland cement parging to the wall
from the top of the footing to finish grade. The parging
shall be covered with a coat of approved bituminous
material a plied at the recommended rate. Exterior
foundation walls of concrete construction enclosing base-
ments shall be dampproofed by applying a coat of approved
bituminous material to the wall from the top of the
footing to finish grade at the recommended rate. This
section does not guarantee that a basement will be
Moisture free, as it provides for exterior treatment
only. Further, prior to final inspection, grade shall
slope down away from the foundation for a least 5 feet on
all sides of the structure.
Section 2. Section 14.04.08 Kent City Code (Ordinance
2199) is amended to read as follows:
14.04.080. UNIFORM BUILDING CODE APPENDICES ADOPTED.
Chapters 32 and 70 of the Appendix of the Uniform Building Code,
(-++949-)-}1982 Edition are adopted.
UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS
Section 3. Section 14.10.04 Kent City Code (Ordinance
2201) is amended to read as follows:
14.10.040. UNIFORM CODE FOR ABATEMENT OF DANGEROUS
BUILDINGS ADOPTED. There is adopted
LL upon the filing of
. :) one ((e 4 copy thereof with the Kent City Clerk,
that certain code known as Uniform Code for Abatement of Dangerous
Buildings - Ff147-3-�4 1982 Edition.
UNIFORM HOUSING CODE
Section 4. Section 14.12.04 Kent City Code (Ordinance
2201) is amended to read as follows:
14.12.040. UNIFORM HOUSING CODE ADOPTED. There is
adopted ( she
his Seetien-and TH upon the filing of ''c e) ) one
copy thereof with the Kent City Clerk, that certain code known as
Uniform Housing Code - rr}i 1982 Edition.
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2201)
UNIFORM MECHANICAL CODE
Section 5. Section 14.14.04 Kent City Code (Ordinance
is amended to read as follows:
14.14.040. UNIFORM MECHANICAL CODE ADOPTED. There is
hereby adopted the of f eet ive-date-a€ this er-dinanee
odifiad in this Section and)) upon the filing of ((three)) one
H Hep es H copy thereof with the Kent City Clerk, that certain
code known as Uniform Mechanical Code - (41-944-H 1982 Edition.
UNIFORM PLUMBING CODE
Section 6. Section 14.16.04 Kent City Code (Ordinance
2200, Section 1) is amended to read as follows:
14.16.040. UNIFORM PLUMBING CODE ADOPTED --AMENDMENTS.
There is adopted by reference ((upon --he `t `' a,t" of lam.'
^,-dicta ee edif ed 4F, t 8- eet-4-en_-an}) upon the filing of
one ((eep es)) copy with the Kent City Clerk, that
certain code known as Uniform Plumbing Code - (+i47 -9-H 1982
Edition, with the following additions:
follows:
follows:
H-{-a)-H A. Section 1008(e) shall be amended to read as
Testing - Before such approval, both hot and cold
water piping shall be subjected to a full working water
pressure test from the street main or meter, or to an air
pressure test of not less than one hundred (100) pounds
per square inch for not less than fifteen (15) minutes.
Piping must not leak when subject to such a test.(("))
Hot and cold approved plastic water piping to be tested
in accordance with manufacturer's recommendation.
(-f-{b+-H B. Section 1007(g) shall be amended to read as
The American Gas Association, Underwriter's
Laboratory, the American National Standards Institute and
the National Electrical Code all require that domestic
water heaters have properly installed temperature and
pressure relief valves even though the tank may be other-
wise equipped with a high energy cutout. Since the
temperature sensing element must be immersed in the water
in the hottest part of the tank and the temperature and
pressure relief valve must have approved drainage, the
water heater must therefore be located so as to provide
proper drainage to: (1) The exterior, (2) An approved
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follows:
slop sink, (3) Approved floor drain with trap primer, or
(4) Garage floor sloping to exterior grade. The
discharge line shall not be designed so as to trap water.
(-{(e))) C. Section 1008 (b) is amended to read as
Water service piping or underground water piping
outside the building shall have a ten (10) foot horizon-
tal separation from the building sewer or drain piping.
Eliminate Code sections 1008 (b). 1. and 2.
Section 7. Section 14.16.06 Kent City Code (Ordinance
2200, Section 2) is hereby repealed.
Section 8. A new section, Section 14.16.060 Kent City
Code is added as follows:
14.16.060. APPENDICES ADOPTED. Appendix "C" and
Appendix "D" of the Uniform Plumbing Code - 1982 Edition are
adopted.
Section 9. Section 14.16.08 Kent City Code (Ordinance
1872, Section 2); Section 14.16.12 Kent City Code (Ordinance 1872,
Section 3); Section 14.16.16 Kent City Code (Ordinance 1872,
Section 4); and Section 14.16.20 (Ordinance 1872, Section 5) are
hereby repealed.
Section 10. A new appeal provision, Chapter 14.01 Kent
City Code is added as follows:
14.01.010. BOARD OF APPEALS DESIGNATED. In order to
provide a forum for determining the suitability of alternate
materials and methods of construction and to provide for final
interpretation of the provisions of Chapters 14.04 (UBC), 14.10
(UCADB), 14.12 (UHC), 14.14 (UMC) and 14.16 (UPC), one Board of
Appeals is hereby designated. The Board of Appeals created
pursuant to Section 204, Uniform Building Code, as adopted by
Chapter 14.04 Kent City Code, shall constitute the Board of Appeal
for all matters concerning the application of the Uniform Codes
cited above. The Board of Appeal shall have all the powers and
authority granted by the respective Uniform Codes.
Those members currently appointed to serve on the Board
of Appeals are hereby ratified and confirmed; provided this
section shall not be construed as creating tenure or limiting in
way the appointment or removal powers of the Kent Cit,
14.01.020. FORM OF APPEAL.
Council
A. Any person aggrieved by a determination of the
City --acting through the Building Official, his/her designee or
other administrator of a Uniform Code may appeal from any written
notice and order or any action of the Building Official or
Administrator under this code by filing at the office of the
Building Official a written appeal containing:
1. A heading in the words: "Before the Board of
Appeals of the City of Kent."
2. A caption reading: "Appeal of ..........I"
giving the names of all appellants participating in the appeal.
3. A brief statement setting forth the legal
interest of each of the appellants in the building or the land
involved in the notice and order.
4. A brief statement in ordinary and concise
language of that specific order or action protested, together with
any material facts claimed to support the contentions of the
appellant.
5. A brief statement in ordinary and concise
language of the relief sought and the reasons why it is claimed
the protested order or action should be reversed, modified or
otherwise set aside.
6. The signatures of all parties named as
appellants and their official mailing addresses.
7. The verification (by declaration under penalty
of perjury) of at least one appellant as to the truth of the
matters stated in the appeal.
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The appeal shall be filed within 14 days from the
date an adverse written determination, order or action of the
building official is personally served upon the applicant, or is
mailed to his/her address as shown on the permit application_ It
shall be the responsibility of the applicant to keep the Building
Official advised of any change of address within one business
day. Provided, however, that if a building or structure is in
such condition as to make it immediately dangerous to the life,
limb, property or safety of the public or adjacent property and is
ordered vacated and is posted in accordance with the Uniform
Housing Code or the Uniform Code for the Abatement of Dangerous
Buildings, such appeal shall be filed within ten days from the
date of the service of the notice and order of the Building
Official.
B. Processing of Appeal. Upon receipt of any appeal
filed pursuant to this section, the Building Official shall
present it at the next regular or special meeting of the Board of
Appeals.
C. Schedulinq and Noticing Appeal for Hearin As soon
as practicable after receiving the written appeal, the Board of
Appeals shall fix a date, time and place for the hearing of the
appeal by the Board Such date shall be not less than ten days
nor more than 60 days from the date the appeal was filed with the
Building Official Written notice of the time and place of the
hearing shall be given at least ten days prior to the date of the
hearing to each appellant by the Secretary of the Board either by
causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy thereof, postage prepaid,
addressed to the appellant at his address shown on the appeal.
14.01 040. EFFECT OF FAILURE TO APPEAL. Failure of any
person to file an appeal in accordance with the provisions of this
ordinance shall constitute a waiver of his right to an administra-
tive hearing and adjudication of the notice and order or to any
ortion thereof.
14 01.060. SCOPE OF HEARING ON APPEAL. Only those
matters or issues specifically raised by the appellant shall be
considered in the hearing of the appeal.
14.01.080. STAYING OF ORDER UNDER APPEAL. Except for
vacation orders made pursuant to this ordinance, enforcement of
any notice and order of the Building Official or Administrator
issued under this code shall be stayed during the pendency of an
appeal therefrom which is properly and timely filed.
14.01.100. CONDUCT OF APPEAL.
A. Upon the filing of a proper notice of appeal, the
Board of Appeal shall conduct a hearing.
1. Record. A record of the entire proceedings
shall be made by tape recording, or by any other means of perma-
nent recording determined to be appropriate by the Board.
2. Reporting. The proceedings at the hearing
shall also be reported by a tape recording or court reporter if
requested by any party thereto. A transcript of the proceedings
shall be made available to all parties upon request and upon
payment of the fee prescribed therefor. Such fees may be
established by the Board, but shall in no event be greater than
the cost involved.
3. Continuances. The Board may grant continuances
for good cause shown.
4. Oaths --Certification. In any proceedings under
this chapter, the Board or any Board member has the power to
administer oaths and affirmations and to certify to official acts.
5. Reasonable Dispatch. The Board and its repre-
sentatives shall proceed with reasonable dispatch to conclude any
matter before it. Due regard shall be shown for the convenience
and necessity of any parties or their representatives.
B. Form of Notice of Hearing. The notice to appellant
shall be substantially in the following form, but may include
other information:
You are hereby notified that a hearing will be held
before the Board of Appeals at .... on the day of
19...., at the hour ....., upon the notice and order served upon
You. You may be present at the hearing You may be, but need not
be, represented by counsel. You may present any relevant evidence
and will be given full opportunity to cross-examine all witnesses
testifying against you. You may request the issuance of subpoenas
to compel the attendance of witnesses and the production of books,
documents or other things by filing an affidavit therefor with
Board of Appeals.
C. Subpoenas.
1. Filing of Affidavit. The Board may obtain the
issuance andserviceof a subpoena for the attendance of witnesses
or the production of other evidence at a hearing upon the request
of a member of the Board or upon the written demand of any party.
The issuance and service of such subpoena shall be obtained upon
the filing of an affidavit therefor which states the name and
address of the proposed witness; specifies the exact things sought
to be produced and the materiality thereof in detail to the issues
involved; and states that the witness has the desired things in
his possession or under his control.__A subpoena need not be
issued when the affidavit is defective in any particular.
2. Penalties. Any person who refuses without
lawful excuse to attend any hearing, or to produce material
evidence in his possession or under his control as required by any
subpoena served upon such person as provided for herein shall be
guilty of a misdemeanor.
D. Conduct of Hearing.
1. Rules. Hearings need not be conducted
according to the technical rules relating to evidence and
witnesses.
2. Oral Evidence. Oral evidence shall be taken
only on oath or affirmation.
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3. Hearsay Evidence. Hearsay evidence may be used
for the purpose of supplementing or ex laining any direct
evidence, but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil
actions in courts of competent jurisdiction in this state
4. Admissibility of Evidence. Any relevant
evidence shall be admitted if it is the type of evidence on which
responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law of
statutory rule which mi ht make improper the admission of such
evidence over objection in civil actions in courts of competent
urisdictions in this state.
E. Exclusion of Evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
F. Rights of Parties. Each party shall have these
rights, among others:
1. To call and examine witnesses on any matter
relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any
matter relevant to the issues of the hearing;
4. To impeach any witness regardless of which
party first called him to testify;
5. To rebut the evidence against him;
6. To represent himself or to be represented by
anyone of his choice who is lawfully permitted to do so.
7.
Official Notice.
a. What may be noticed. In reaching a
decision, official notice maybe taken, either before or after
submission of the case for decision, of any fact which may be
judicially noticed by the courts of this state or of official
records of the Board or departments and ordinances of the city or
rules and regulations of the Board.
b. Parties to be notified. Parties present
at the hearing shall be informed of the matters to be noticed, and
these matters shall be noted in the record, referred to therein,
or -appended thereto.
c. Opportunity to refute. Parties present at
the hearing shall be given a reasonable opportunity, on request,
to refute the officially noticed matters by evidence or by written
or oral presentation of authority, the manner of such refutation
to be determined by the Board.
d. Inspection of the premises. The Board may
inspect any building or premises involved in the appeal during the
course of the hearing, provided that:
i. notice of such inspection shall be
given to the parties before the inspection is made,
ii. the parties are given an opportunity
to be present during the inspection, and
iii. the Board shall state for the record
upon completion of the inspection the material facts observed and
the conclusions drawn therefrom. Each party then shall have a
right to rebut or explain the matters so stated by the Board.
G.
Method and Form of Decision.
1. Hearing before Board Itself. Where a contested
case is heard before the Board itself, no member thereof who did
_ . L___ L1_ _ hA c nnt- read the entire record of the
proceedings shall vote on or take part in the decision.
2.
Form of Decision. The decision of the Board
shall be in writing and shall contain findings of fact, a deter-
mination of the issues presented, and the requirements to be
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com lied with. A copy of the decision shall be delivered to the
a ellant personally or sent to him by certified mail, postage
prepaid, return receipt requested.
3.
Effective Date of Decision. The effective date
of the decision shall be stated therein.
14.01.120. RIGHTS GRANTED --RIGHT TO APPEAL. Nothing in
this chapter shall be construed as granting any right of judicial
review which does not previously exist in law. The decision of
the Board of Appeals shall be final and conclusive. A writ of
review must be sought in the Superior Court of King County, if at
all by an aggrieved party or person within fourteen calendar days
of the effective date of the Board's decision.
Section 11. A new Uniform Penalty Clause Chapter 14.24
Kent City Code is added as follows:
14.24.010. PENALTY Unless otherwise expressly stated
in this Title, the following shall apply:
Any person, firm or corporation violating any provision
of this code shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine of not to exceed
five hundred (500) dollars or by imprisonment in the City Jail for
not more than one hundred eighty (180) days, or by both fine and
imprisonment Each separate day or any portion thereof during
which any violation of this code occurs or continues shall be
deemed to constitute a separate offense, and upon conviction
thereof shall be punishable as herein provided.
Section 12. Any ordinance in conflict herewith is
superceded by the provisions of this ordinance.
Section 13. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 14. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any
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clause, sentence, paragraph, subdivisions, section or portion of
this ordinance, or the invalidity of the application thereof to
any person or circumstance shall not affect the validity of the
remainder of the ordinance, or the validity or its application to
other persons or circumstances.
Section 15. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
ATTEST:
MARIE J
APPROVED AS TO FORM:
UP14*1 N,
P. STE EN DiJULI0, ACITY ATTORNEY
PASSED the Z2 day
of
1984.
APPROVED the _day
of
1984.
PUBLISHED the 42-,yLday
of
2___Jc
1984.
I hereby certify that this is a true copy of Ordinance
No.c�5 f passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
(SEAL)
MARIE JEN N CITY CLERK
1720-70
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