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Ordinance No. 00565

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CITY COUNCIL MEETING MINUTES JUNE 3, 2013

ORDINANCE NO. 565

 

An Ordinance of the City Council of the City of Lakewood, Washington, amending Title 15A of the Lakewood Municipal Code (LMC) to reflect the adoption of the 2012 editions of the International Code Council (ICC), a member of the International Code Family and other related codes pursuant to Chapter 19.27 of the Revised Code of Washington (RCW).

            WHEREAS, the City previously adopted the ICC Performance Code for Buildings and Facilities and other related codes as codified in LMC Title 15A; which was last fully updated by Ordinance 516 on June 21 2010; and

            WHEREAS,  Title 15A LMC must be updated to reflect the changes made to the ICC model codes and related codes pursuant to the State Building Code in RCW Chapter 19.27 RCW;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO ORDAIN AS FOLLOWS:

            Section 1.   That Title 15A of the Lakewood Municipal Code entitled “Building Code” is hereby amended to read as follows:

15A.00.000 - Title Contents

TITLE 15A

 BUILDING CODE

Chapters:

            15A.08         International Building Code

            15A.10         International Residential Code

            15A.12         International Mechanical Code

            15A.14         International Fire Code

            15A.16         Uniform Plumbing Code and Uniform Plumbing Code Standards

            15A.20         International Fuel Gas Code

            15A.22         Washington State Energy Code

            15A.25         Electrical Code

            15A.28         International Existing Building Code

            15A.30         International Property Maintenance Code

            15A.32         General Requirements for all Referenced Codes

15A.08.000 - International Building Code

Chapter 15A.08

International Building Code

Sections:

15A.08.010                 Adoption of the International Building Code.

15A.08.020                 Copy on File.

15A.08.030                 Additional Provisions to the International Building Code.

15A.08.010 - Adoption of the International Building Code

The 20092012 Edition of the International Building Code, published by the International Code Council and as amended by Washington Administrative Code Chapter 51-50, are adopted by reference and incorporated herein as if fully set forth, including:

Appendix C, Group U - Agricultural Buildings;

Appendix G, Flood resistant construction.;

Appendix H, Signs;

Appendix J, Grading;

 (Ord. 516 § 1 (part), 2010; Ord. 450 § 1 (part), 2007; Ord. 347 § 3 (part), 2004.)

15A.08.020 - Copy on File

At least one copy of the Editions(s) of the International Building Code identified in Section 15A.08.010 of this Chapter shall be on file in the Office of the City Clerk. (Ord. 347 § 3 (part), 2004.)

15A.08.030 - Additional Provisions to the International Building Code

In addition to the provisions of the International Building Code adopted pursuant to Chapter 15A.08 of the City Code, the following provisions shall be a part of the City’s International Building Code:

A.         Section 105.2 Work Exempt from Permit.  Section 105.2, Building item 1of the International Building Code, 2009 2012 Edition, is hereby deleted.

B.        Section 110.3.1 Required Inspections.  Section 110.3.1 of the International Building Code, 20092012 Edition, is hereby amended to read as follows:

Footing and Foundation Inspection.  Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place.  For concrete foundations, any required forms shall be in place prior to inspection.  Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job.  The building official or his designee shall have no duty to verify or establish lot lines or setback lines.  No such duty is created by this chapter, and none shall be implied.  The location of lot lines and/or setback lines at a development and construction related thereto shall be the responsibility of the applicant/owner.

C.        Definitions Amended.  Section 502202 of the International Building Code, 20092012 Edition, is hereby amended by adding the following:

HEIGHT, BUILDING.  The vertical distance from grade plane to the average height of the highest roof surface.  This measurement shall be compared to LMC section 18A.50.130 and the most restrictive shall apply.

 D.        Definitions Amended.  Section 702202 of the International Building Code, 20092012 Edition, definition “Fire Wall” is hereby amended to read as follows:

FIRE WALL. A fire-resistance-rated wall having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall. A fire wall shall not be allowed to create a separate building that avoids the requirement for approved automatic fire sprinkler systems.(Ord. 516 § 1 (part), 2010; Ord. 450 § 1 (part), 2007; Ord. 347  § 3 (part), 2004.)

15A.10.000 - International Residential Code

Chapter 15A.10

International Residential Code

Sections:

15A.10.010                 Adoption of the International Residential Code.

15A.10.020                 Copy on File.

15A.10.030                 Additional Provisions to the International Residential Code.

15A.10.010 - Adoption of the International Residential Code

The 20092012 Edition of the International Residential Code, published by the International Code Council and as amended by Washington Administrative Code Chapter 51-51, is adopted by reference and incorporated herein as if fully set forth, including: 

Appendix A (IFGC), Sizing and Capacities of Gas Piping;

Appendix B (IFGC), Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use and Type B vents;

Appendix C, Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems;

Appendix G, Swimming Pools and Hot Tubs

Appendix J, Existing Buildings and Structures; and

Appendix K, Sound Transmission of the International Residential Code if located in the CZ, AC1, and/or AC2 zoning districts.

Appendix M, Home Day Care R-3 Occupancy.

Appendix S, Fire Sprinklers - amended to read as follows: An approved automatic fire sprinkler system shall be installed throughout every building which is a group of townhouses, as defined in the 2009 International Residential Code, which contains three (3) or more townhouse units.  Ref Appendix R, Amend section P2904.1.1 Exception 4.  (Ord. 516 § 1 (part), 2010; Ord. 450 § 2 (part), 2007; Ord. 347 § 4 (part), 2004.)

15A.10.020 - Copy on File

At least one copy of the Editions(s) of the International Residential Code identified in Section 15A.10.010 of this Chapter shall be on file in the Office of the City Clerk. (Ord. 347 § 4 (part), 2004.)

15A.10.030 - Additional Provisions to the International Residential Code

In addition to the provisions of the International Residential Code adopted pursuant to Chapter 15A.10 of the City Code, the following provisions shall be a part of the City's International Residential Code:

A.        Section 105.2 Work exempt from permit. Section 105.2 Building item 1 and 2 of the International Residential Code, 20092012 Edition, is hereby amended to read as follows:

            1.         One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet.

            2.         Fences not over 6 feet high.

B.        The title to Section R110, Certificate of Occupancy is deleted and replaced with Final Inspection.

C.        Section 110 of the International Residential Code, 20092012 Edition, is amended to read as follows:

R110.1 Use and Occupancy.  No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has performed and approved a final inspection.  A final inspection for occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.  Final inspections presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

D.        Section R110.3, Certificate issued, is hereby deleted.

E.         Section 110.4, Temporary occupancy, of the International Residential Code, 20092012 Edition, is amended to read as follows:

R110.4 Temporary occupancy.  The building official is authorized to approve a temporary occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely.  The building official shall set a time period during which the temporary occupancy is valid.

F.         Section 110.5, Revocation, of the International Residential Code, 20092012 Edition, is amended to read as follows:

R110.5 Revocation.  The building official shall, in writing, suspend or revoke a final inspection and occupancy under the provisions of this code wherever the final inspection and/or occupancy is in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

G.        Delete Part IV - Energy Conservation Efficiency.  References to chapters in Part IV shall be made instead to the appropriate sections of WAC 51-11R.

H.        Delete Part VII - Plumbing.  References to chapters in Part VII shall be made instead to the appropriate sections of the 20092012 Uniform Plumbing Code published by IAPMO.

I.          Delete Part VIII - Electrical.  References to chapters in Part VIII shall be made  instead to the National Electrical Code published by the NFPA and enforced in the City of Lakewood by the state of Washington Department of Labor and Industries and Tacoma Power and Utilities.(Ord. 516 § 1 (part), 2010; Ord. 450 § 2 (part), 2007; Ord. 347 § 4 (part), 2004.)

15A.12.000 - International Mechanical Code

Chapter 15A.12

International Mechanical Code

 

Sections:

15A.12.010                 Adoption of the International Mechanical Code.

15A.12.020                 Copy on File.

15A.12.030                 Additional Provisions to the International Mechanical Code.

15A.12.010 - Adoption of the International Mechanical Code

The 20092012 Edition of the International Mechanical Code, published by the International Code Council, as amended by Washington Administrative Code Chapter 51-52, is adopted by reference and incorporated herein as if fully set forth, except that the standards for liquefied petroleum gas installations shall be 2011 NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/2012 NFPA 54 (International Fuel Gas Code). (Ord. 516 § 1 (part), 2010; Ord. 450 § 3 (part), 2007; Ord. 347 § 5 (part), 2004.)

15A.12.020 - Copy on File

At least one copy of the Editions(s) of the International Mechanical Code, NFPA 58 and ANSI Z223.1/NFPA 54 identified in Section 15A.12.010 of this Chapter shall be on file in the Office of the City Clerk. (Ord. 347 § 5 (part), 2004.)

15A.12.030 - Additional Provisions to the International Mechanical Code

(Repealed by Ord. 450 § 3 (part), 2007; Ord. 347 § 5 (part), 2004.)

15A.14.000 - International Fire Code

Chapter 15A.14

International Fire Code

Sections:

15A.14.010                 Adoption of the International Fire Code.

15A.14.020                 Copy on File.

15A.14.030                 Additional Provisions to the International Fire Code.

15A.14.010 - Adoption of the International Fire Code

The 20092012 Edition of the International Fire Code, published by the International Code Council, and as amended by the Washington Administrative Code Chapter 51-54, is adopted by reference and incorporated herein as if fully set forth: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles.  The following Appendices are specifically adopted:

Appendix B, Fire Flow for Buildings;

Appendix C, Fire Hydrant Locations and Distribution;

Appendix D is deleted;

Appendix E, Hazard Categories;

Appendix F, Hazard Ranking; and

Appendix G, Cryogenic Fluids-Weight and Volume Equivalents.

      Appendix I, Fire Protection Systems – Non Compliant Conditions

Appendix J, Emergency Responder Radio Coverage

Part VI.  Referenced Standards.  Adopt the latest published versions of National Fire Protection Association 13, 13R, 13D and 72.

(Ord. 516 § 1 (part), 2010; Ord. 450 § 4 (part), 2007; Ord. 347 § 6 (part), 2004.)

15A.14.020 - Copy on File

At least one copy of the Editions(s) of the International Fire Code identified in Section 15A.14.010 of this Chapter shall be on file in the Office of the City Clerk. (Ord. 347 § 6 (part), 2004.)

15A.14.030 - Additional Provisions to the International Fire Code

In addition to the provisions of the International Fire Code, pursuant to Chapter 15A.14 of the City Code, the following provisions shall be a part of the City’s International Fire Code:

  A.        Amend 101.1 Title to read as follows:

These regulations shall be known as the Fire Code of the City of Lakewood, hereinafter referred to as “this code”.

B.         Amend Section 103.1 to read as follows:

General.  There is hereby established a Fire Prevention Division with the Fire Department, under the direction of the Fire Chief.  The function of the Fire Prevention Division shall be to assist the Fire Chief in the implementation, administration and enforcement of the provisions of the Lakewood Fire Code.    The Fire Chief shall appoint an authorized representative who shall be known as the Fire Marshal.  The Fire Marshal shall be appointed and discharged by the Fire Chief with the approval of the Fire Commissioners.  Selection of the Fire Marshal shall be on the basis of proper qualification.

C.         Add Section 104.1.2 to read as follows: 

Coordination with other departments.  When requested and authorized to do so by the fire code official, the chief of police may assign such available police officers and the code compliance supervisor may assign such available code compliance officers as may be necessary to assist the community development department and/or the fire department in enforcing provisions of this code.

D.        Add Section 104.1.3 to read as follows: 

Inspection authority.  The fire code official and members of the fire prevention bureau have limited police powers for the purpose of enforcing the International Fire Code.  Such powers shall include the ability to issue verbal and written notices of violation, to determine appropriate times within which violations shall be removed or repaired, to issue infraction and criminal citations for violations of the International Fire Code and all applicable state and local fire regulations, and to enter, as necessary, buildings and premises for the purposes of inspection as necessary to and as described within the International Fire Code.

E.         Add Section 104.1.4 Special limited commissions to read as follows: 

Special limited commission.  The scope of the special limited commission herein shall not grant the fire code official or any member of the fire prevention bureau any power of arrest and this special limited commission shall not grant any member of the fire prevention bureau authority to carry firearms or other weapons while conducting activities related to enforcement of the International Fire Code.  Fire prevention personnel shall, however, be authorized to carry and use chemical defensive weapons.

F.         Amend Section 104.6 Official records and to read as follows: 

Official records.  The fire code official, as authorized, shall maintain official records as required by this section for a minimum period of time as required by the laws of the state of Washington.

G.         Amend F. eral Provisions out tomorrow.it.  Heidi has teh teh on y 1.1 if the Internatioanl Residential Code, 2003 Edtion, licies as liSection 105.1.1 Permits required and to read as follows:

Permits required.  Permits required by this code shall be obtained from the fire code official.  Permit fees, if any, shall be paid at the time of application for permit.  Permits are not issued until the fire code official has approved the permit and a copy of the permit and approved plans are in the possession of the person or company applying for said permit.  Issued permits and approved plans shall be kept on the premises designated therein at all times and shall be readily available for inspection.

H.        Add Section 105.1.4 to read as follows:

Working without a permit.  Any person working without a permit shall be liable  for a fee of two (2) times the appropriate amount as identified and set forth in the City’s Master Fee Schedule.  Working without a permit shall include not having plans approved by the fire department on site or not having a copy of the permit regulating such trade on site. 

I.          Add Section 105.1.5 to read as follows:

Non-profit organizations.  Operational permits submitted by non-profit organizations will be charged fifty percent of fees.  Non-profit organizations are organizations that have established a non-profit exemption from the Internal Revenue Service.

J.          Add Section 105.6.47 to read as follows:

      105.6.47 Special operational permit.  The fire code official is authorized to require and issue a special operational permit for any operation not listed elsewhere in this section if it is determined by the fire code official that an operation has the potential for presenting a hazardous condition and should continue only with the ability to track and monitor the situation that a permit will provide.

K.        Add Section 105.8 Fees to read as follows:

105.8 General.   Upon application for a construction permit in accordance with Section 105 for fire protection systems, the applicant shall be required to pay all fees associated with the installation or tenant finish work as identified and set forth in the adopted City fee schedule.

105.8.1Pre-engineered extinguishing systems.  Construction permit fees for these systems shall be one half of the fees designated in the adopted fee schedule for “Other Suppression Systems.”

105.8.2 Penalty.   Fees specified in the adopted fee schedule will be doubled if a contractor starts installation or tenant finish work without a valid permit.

105.8.3 Additional plan review.  Three (3) sets of original plans shall be submitted for review.  An additional plan review fee of $100 shall be charged to the fire protection system contractor for each additional plan review conducted.

105.8.4Permit re-inspection fees.  All fees must be paid prior to scheduling of re-inspection(s). 

L.         Add Section 106.2.2 Partial inspections to read as follows: 

The fire department shall not perform inspection on partial systems unless approved by the fire code official.

M.        Add Sections 106.5 and 106.6 to read as follows:

106.5 The fire code official is authorized to require that every request for inspection be filed not less than two (2) working days before such inspection is desired.

106.6 The Fire Department shall not perform inspections on partial systems unless approved by the fire code official.

 N.      Add Section 110.5 to read as follows:

            The owner, occupant or other person having under his/her control any property or materials on a property damaged by fire or explosion shall, when ordered by the chief, immediately secure the property against entry or unauthorized access by the public, by boarding up all openings, fencing, barricading or utilizing other appropriate measures.     

O.      Definitions Amended.  Section 202 of the International Fire Code, 20092012

            Edition, definition “False Alarm” is hereby amended to read as follows:   

202 False Alarm.  A false alarm is defined as an alarm which causes  emergency response by the fire department and which is initiated by one of the following:

1.      A fire alarm system malfunction.

2.      Improper maintenance of a fire alarm or an automatic fire suppression system.

3.      Improper use or misuse of a fire alarm system or an automatic fire suppression system.

4.      Damage to a fire alarm system or automatic fire suppression system due to carelessness while performing other procedures in the building.

5.      The initiation of a fire alarm system during construction, painting, or other procedure in which care should have been taken to protect initiating devices from sending a false signal.

  1. Definitions Amended.  Section 202 of the International Fire Code, 20092012 Edition, definition “Fire Wall” is hereby amended to read as follows:

FIRE WALL. A fire-resistance-rated wall having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall. A fire wall shall not be allowed to create a separate building that avoids the requirement for approved automatic fire sprinkler systems.

  1.       Add Section 401.3.4 to read as follows:

 401.3.4 False Alarm Complaints.  False alarm complaints will be filed with the Fire Prevention Bureau by either the responding fire companies or by the Fire Communication Center whenever it is noticed that more than two false alarms have occurred at the same address during any twelve month period. The complaint should include the incident number, date, time, and nature of each call to the address being referenced.

  1. Add Section 401.3.5 to read as follows:

401.3.5 Notification.  Upon receiving a false alarm complaint, a member of the Fire Prevention Bureau will verify the validity of the complaint.  The owner or manager of the premises in question will then be issued a written notice to take measures to correct any problem that may be causing the false alarms.  The notice will state that future false alarms at the referenced address, which occur within twelve months of the original complaint, will cause the owner or manager of the establishment to be invoiced in accordance with Section 401.3.7, Fees.

       S.   Add Section 401.3.6 to read as follows:

Invoice for False Alarms.  A member of the Fire Prevention Bureau will deliver an invoice to any establishment for all reported false alarms which occur after the written notification in accordance with Section 401.3.5 is issued, and which occur before a period of twelve months has passed since the written notification.  The invoice will be accordance with Section 401.3.7, Fees.

  1. Add Section 401.3.7 to read as follows:

401.3.7 Fees.  A fee will be assessed for each false alarm reported to the Fire Prevention Bureau after written notification is issued in accordance with Section 401.3.5.  The amount of the fee shall be set forth in the City’s Fee Schedule.

  1. Add Section 408.2.3 to read as follows :

            408.2.3 Crowd management.  All assembly occupancies exceeding 150 occupants shall have personnel trained in accordance with 406.3 assigned as crowd control managers.  The ratio of crowd control managers shall be one manager for every 150 occupants

  1. Add Section 503.1.4 to read as follows:

Buildings more than 55 feet in height.  A building which is more than fifty-five (55) feet in height shall be accessible by a dedicated street or fire apparatus access road that is not less than fifteen (15) feet nor more than twenty-five (25) feet from the inside curb to the building face along at least one-half of the length of two sides of the building.

  1. Amend Section 503.2 Adopt sections 503.1 and 503.2 and all sub-sections.  See additional Emergency Vehicle (EV) Access Standards. to read as follows:

Emergency Vehicle (EV) Access Standards

1.      Length. Approved emergency vehicle (EV) access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the facility.

2.      Width. EV access servicing not more than two dwelling units shall not be less than fifteen (15) feet wide. EV access for all other projects shall not be less than 24 feet with no parking, twenty-eight (28) feet with parking on one side and thirty-two (32) feet with parking on both sides.

3.     Vertical Clearance. EV access shall have an unobstructed vertical clearance of not less than thirteen feet, six inches (13’ 6”). The City, after conferring with the fire marshal, may allow a reduction in the vertical clearance, provided such reduction does not impair access by emergency vehicles, and approved signs are installed and maintained indicating the established vertical clearance.

4.      Surface Requirements. EV access shall be designed and maintained to support the imposed loads of fire apparatus and shall be paved with asphalt or concrete so as to provide all-weather driving capabilities. Exception: access designated “Emergency Vehicles Only” may be designed by a licensed engineer and can be alternative surfacing, as approved by the City engineer.

5.      Turning Radii. A minimum outside turning radius of forty-five (45) feet shall be provided for all EV Access.

6.      Number of Accesses. More than one EV access may be required for commercial developments when it is determined by the City or Lakewood Fire District that access by a single street may be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access, unless mitigation acceptable to the City and the Lakewood Fire District is provided.

7.      Grade. The maximum grade (vertical profile grade) of an EV access shall be fifteen (15) percent.  All sections of EV accesses with grades over twelve (12) percent shall be paved with 0.17 feet compacted asphalt concrete or its cement concrete equivalent. 

8.      Dead End Road Access.

1.      Dead-end emergency access roads or drive aisles in excess of one-hundred fifty (150) feet in length shall be provided with an approved area for turning around fire apparatus.

2.      New additions; alterations or tenant improvements, on a dead end access road or interior dead end access drive aisle, that increase the number of uses to the site shall construct an EV turnaround.

3.      A hammerhead turnaround shall be provided within all new commercial/industrial projects whose EV access meets the “Dead End Access Road” criteria.

         Hammerhead turnarounds and cul-de-sac design shall comply with the latest edition of the Engineering Standards Manual.

9.      Modifications to the Standards. The fire marshal may modify the emergency vehicle access requirements of this section in accordance with the latest edition of the International Fire Code (IFC) or as amended by City Ordinance.

            Gates

10.    A building permit issued by the City is required when gates are installed over private streets. In order for the City to issue the building permit, the following requirements must be met:

A.  Gates which serve ten (10) or more dwelling units shall have an Opticom activation system or an equivalent and compatible system that is approved by the fire chief.

B.  Gates shall have rapid-entry key capabilities compatible with the local fire district per IFC, Section 506.

C.  All electrically-activated gates shall have default capabilities to the unlocked position.

D.  The minimum clear width of a gate shall be compatible with the required street    width.

E.   Gates that might be obstructed by the accumulation of snow shall not be installed.

F.   A vehicular turn-around must be provided in front of the gate.

G.  The City shall provide notice to the fire district plans for a new gate.

  1. Amend Section 503.3 to read as follows:

503.3 Marking.  Approved striping or signs shall be provided and maintained for fire apparatus roads to identify such roads and prohibit the obstruction thereof.  Signs and striping shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.

1.         Striping.  Painted lines of red traffic paint shall mark fire apparatus access six (6) inches in width to show the boundaries of the lane.  The words “NO PARKING FIRE LANE” shall appear in four (4) inches of white letters at 25 feet intervals on the red boarder markings along both sides of the fire lanes.  Where a curb is available, the striping shall be on the vertical face of the curb.

2.         Signs.  Signs shall read “NO PARKING FIRE LANE” and shall be twelve (12) inches wide and eighteen (18) inches high.  The signs shall have letters and background of contrasting colors, readily legible from a fifty (50) foot distance.  Signs shall be permanently affixed to a stationery post and bottom of the sign shall be six feet, six inches (6’6”) above finished grade.  Signs shall be spaced not more than fifty (50) feet apart.  Signs may be installed on permanent buildings or walls or as approved by the code official.

  1. Amend Section 505.1 to read as follows: 

Address Numbers.  Approved numbers or addresses shall be placed on all new and existing buildings and private driveways or roadways leading to buildings in such a position as to be plainly visible and legible from the public street or road fronting the property.  Numbers shall contrast with their background and shall be sized as follows:

Residential or individual apartments units:

Numbers shall be a minimum of four (4) inches high with a minimum stroke width of 0.5 inches.

Commercial or industrial to include apartment complexes:

Setback from main road                         Number or letter size

25 feet or less                                                  4 inches

26 feet to 50 feet                                             6 inches

51 feet to 150 feet                                         12 inches

150 feet and over                                           18 inches

Address Identification Commercial Building/Multifamily:  New and existing commercial buildings shall have approved address numbers, building numbers or approved building identification placed high on the building to be plainly legible and visible from the street or road fronting the property.  These numbers shall contrast with their background.  Address numbers shall be Arabic numerals or alphabet letters.  Numbers shall be a minimum of twelve (12) inches high.  Individual unit/suite or space numbers or letters shall be four (4) inches in size and contrasting with the background and visible from the approach side or angle.

Address Identification Residential:  New and existing structures shall have approved address numbers placed in the position that is plainly legible and visible from the street or road fronting the property.  These numbers shall contrast with their background.  Address numbers shall be a minimum of four (4) inches high with a minimum stroke of one half (0.5) inch for buildings that are under fifty (50) feet of the street, six (6) inches high with a minimum stroke of one half (0.5) inch for buildings that are over fifty (50) feet of the street.  Where access is by means of a private road or driveway and the building cannot be viewed from a public way, a monument, pole or other sign shall be used to identify the structure.

Z.        Add Section 507.5.4 to read as follows:

Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent obstruction by parking, fences or vegetation.  A minimum unobstructed distance of 15 feet shall be maintained on both sides of a fire hydrant along the access roadway.

AA.     Amend Section 507.5.1 to read as follows: 

Required installations.  All fire hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 503.

Fire hydrants shall be installed in accordance with the following criteria sections:

1.         For all R-3, R-4 and Group U Occupancies, fire hydrants shall be installed such that there is not more then than seven-hundred (700) feet (350 foot radius) of space between hydrants along a direct horizontal line.

2.         For all R-1 and R-2 Occupancies, fire hydrants shall be installed such that there is not more than seven-hundred (700) feet (350 foot radius) of space between hydrants along a direct horizontal line.  No point on a building shall exceed a five-hundred (500) foot hose lay distance using the route of access that fire department personnel would travel between the hydrant and the building.

3.         For all All other land uses (except occupancies mentioned above), hydrant distribution shall be as listed in Appendix C, Table C105.1.

4.         A fire hydrant shall be installed no more than one-hundred (100) feet from fire department connections for a standpipe system, and one-hundred (100) feet from fire department connections for a sprinkler system and/or combined system. 

5.         All fire hydrants shall be installed at least two (2) feet, but nor more than nine (9) feet, from the curb face of a paved street or edge of a designated approved fire access roadway.

6.         All hydrant threads must be compatible with those in use by the Lakewood Fire Department West Pierce Fire and Rescue and Lakewood Water District.  All hydrants shall have a five (5) inch quick release adapter (Storz fitting) installed.

7.         Fire hydrants on private property shall be accessible to the fire department at all times. 

8.         All fire hydrants placed on private property shall be adequately protected by either curb stops or concrete post or other approved methods.  Such stops shall be the responsibility of the landowner on which the fire hydrant is installed.

9.         Fire hydrants shall not be closer than fifty (50) feet of a structure or one and one half (1/2) times the height of the structure.

10.       An approved blue, two (2) sided reflector shall be utilized to identify each hydrant location.  The reflector shall be affixed to the centerline of each roadway or fire access lane.

BB.      Amend Section 901.7 to add:

The Fire Chief or his or her designee, shall determine when Fire Department personnel must conduct a fire watch due to code requirements, excessive occupant load, the unusual nature of the event, the use of pyrotechnics or fireworks, the existence of hazardous condition, the inoperability of the fire protection system, or other conditions affecting the safety at the event or at the property.  The person responsible for the facility shall pay a fee per the fee schedule for associated costs.  If more than one person is required for the fire watch, the person responsible for the facility shall pay a fee per the fee schedule.  The Fire Chief or designee may notify the responsible person of the period of the fire watch and the resulting fee prior to the event.

CC.      Amend Section 903.2 to add:

The provisions of this Section shall apply to existing buildings which are altered, repaired or remodeled to more than fifty percent of its county assessment value at the time of the first permit application, or within any seventy month period of time thereafter.  Any additions to an existing structure shall be considered new construction and subject to the requirements of this Section.

AA.DD.  Amend Section 903.2.1 and to read as follows: 

903.2.1 Group A.  An approved automatic sprinkler system shall be provided throughout buildings and portions thereof.  For group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in Section 903.2.1.5.

BB.EE.  Amend Section 903.2.1.1 to read as follows: 

903.2.1.1 Group A-1.  An approved automatic sprinkler system shall be provided for Group A-1 where one of the following conditions exists:

1.         The building exceeds 5,000 square feet;

2.         The building has an occupant load of 300 or more;

3.         The building contains a multi-theater complex.

                   4.         The fire area is located on a floor other than a level of exit discharge serving such occupancies.

CC.FF.  Amend Section 903.2.1.2 to read as follows:

903.2.1.2 Group A-2.  An approved automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists:

1.         The building exceeds 5,000 square feet;

2.         The building has an occupant load of 100 or more.

DD.GG.  Amend Section 903.2.1.3 to read as follows:

903.2.1.3 Group A-3.  An approved automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists:

1.         The building exceeds 5,000 square feet;

2.         The building has an occupant load of 300 or more.

                   3.         The fire area is located on a floor other than a level of exit discharge serving such occupancies.

EE.HH.  Amend Section 903.2.1.4 to read as follows:

903.2.1.4 Group A-4.  An approved automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists:

1.         The building exceeds 5,000 square feet;

2.         The building has an occupancy load of 300 or more.

      3.         The fire area is located on a floor other than a level of exit discharge serving such occupancies.

FF.II.  Amend Section  903.2.2 to read as follows:

903.2.2 Group B.  An approved automatic sprinkler system shall be provided for Group B occupancies where one of the following conditions exists:

1.         The building exceeds 5,000 square feet.

                  2.         The fire area is located on a floor other than a level of exit discharge serving such occupancies.

GG.JJ.  Amend Section  903.2.3 to read as follows:

 903.2.3 Group E.  An approved automatic sprinkler system shall be provided for Group E occupancies where on one of the following conditions exist:

1.         The building exceeds 5,000 square feet;

2.         Throughout every portion of educational buildings below the level of exit discharge.

HH.KK.  Amend Section 903.2.4 to read as follows:

903.2.4 Group F.  An approved automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists:

1.         The building exceeds 5,000 square feet.

Exception:  Buildings containing Group F-2 occupancies and with the construction Type IA/IB, Type IIA/IIB, Type IV/V-A or Type IIB/IIIB; the building exceeds 12,000 square feet.

2.         The building exceeds 2,500 square feet and contains a woodworking operation which generates finely divided combustible waste or which use finely divided combustible materials.

3.         Where the Group F occupancy is located more than three stories above grade.

II.LL.  Amend Section  903.2.7 to read as follows:

 903.2.7 Group M.  An approved automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1.         The building exceeds 5,000 square feet;

2.         Where the Group M is located more than three stories above grade.

                  3.         A Group M occupancy is used for the display of upholstered furniture.

JJ.MM.  Amend Section  903.2.9 to read as follows:

 903.2.9 Group S. An approved automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy where one of the following conditions exist:

      1.         The building exceeds 5,000 square feet.

Exception: Buildings containing Group S-2 occupancies and with the construction Type IA/IB, Type IIA/IIB, Type IV/V-A or Type IIB/IIIB; the building exceeds 12,000 square feet, except as provided in Section 903.2.9.

2.         Where a Group S area is located more than three stories above grade.

KK.NN.  Amend Section  903.2.9.1to read as follows:

 903.2.9.1 Repair garages. An approved automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with International Building Code, to read as follows:

1.         Buildings exceeding 5,000 square feet.

                  2.         Buildings with a repair garage servicing vehicles parked in the basement.

LL.OO.  Add Section  903.2.13 to read as follows:

 903.2.13 Spray booths and rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system.

MM.PP.  Amend Section 903.3.1.1.1 to read as follows:

903.3.1.1.1 Exempt locations. Sprinklers shall not be omitted from any room merely because it is damp, or has fire-resistance rated construction or contains electrical equipment. The following conditions may be exempt if approved by the fire code official.

1.         Any room where the application of water, or flame and water, constitutes a serious threat to life or fire hazard.

2.         Any room or space where sprinklers are considered undesirable because of the nature of the contents in the room or space.

3.         Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.

NN.QQ.  Add Section  907.1.4 to read as follows:

 907.1.4 Fire alarm control panel. Information provided by the fire alarm control panel when a signal(s) is/are received from a device or other system equipment shall include the location of the signal(s) in a manner as specific as the fire alarm system allows. The location description of the signal(s) shall be written in English, not code, and provide the location of the device to fire department personnel.

OO.RR.  Add Section  907.1.5 to read as follows:

 907.1.5 Design standards.  All alarm systems, new or replacement, serving 30 or more alarm actuating devices, shall be addressable fire detection systems.  Alarm systems serving more than seventy-five (75) smoke detectors or more than 200 total alarm activating devices shall be analog intelligent fire detection systems.  EXCEPTIONS:

1.         Existing systems need not comply unless the total system remodel or expansion initiated after adoption of this code exceeds thirty (30) percent of the building.

2.         When building remodel or expansion exceeds fifty (50) percent, the building must comply within 18 months of permit application.

PP.SS.  Amend Section  912.2.1  to read as follows:

912.2.1 Location.  With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus.  The fire department connection shall not be closer than 50 feet from a structure or 1½ times the height of the structure.

(Ord. 516 § 1 (part), 2010; Ord. 514 § 1 (part), 2010; Ord. 450 § 4 (part), 2007; Ord. 405 § 1, 2006; Ord. 347 § 6 (part), 2004.)

15A.16.000 - Uniform Plumbing Code and Uniform Plumbing Code Standards

Chapter 15A.16

Uniform Plumbing Code and Uniform Plumbing Code Standards

Sections:

15A.16.010                 Adoption of the Uniform Plumbing Code and Uniform Plumbing Code Standards

15A.16.020                 Copy on File.

15A.16.030                 Additional Provisions to the Uniform Plumbing Code and Uniform Plumbing Code Standards

15A.16.010 - Adoption of the Uniform Plumbing Code and Uniform Plumbing Code Standards

Except as provided in RCW 19.27.170, the 20092012 Uniform Plumbing Code (UPC) and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, is adopted by reference and incorporated herein as if fully set forth: PROVIDED, That as amended by the State Building Code Council (SBCC) in WAC 51-56 and 51-57, any provisions of such code affecting sewers or fuel gas piping or venting and combustion air of fuel fired appliances, are not adopted: and further PROVIDED, That the following appendices are included:

Appendix A, Pipe Sizing;

Appendix B, Notes on Combination Waste/Venting;

Appendix I, Installation Standards.

(Ord. 516 § 1 (part), 2010; Ord. 450 § 5 (part), 2007; Ord. 347 § 7 (part), 2004.)

15A.16.020 - Copy on File

At least one copy of the Editions(s) of the Uniform Plumbing Code identified in Section 15A.16.010 of this Chapter shall be on file in the Office of the City Clerk. (Ord. 450 § 6 (part), 2007; Ord. 347 § 7 (part), 2004.)

15A.16.030 - Additional Provisions to the Uniform Plumbing Code and Uniform Plumbing Code Standards

Reserved. (Ord. 347 § 7 (part), 2004.)

15A.20.000 - International Fuel Gas Code

Chapter 15A.20

International Fuel Gas Code

 

Sections:

15A.20.010                 Adoption of International Fuel Gas Code.

15A.20.020                 Copy on File.

15A.20.030                 Additional Provisions to the International Fuel Gas Code.

15A.20.010 - Adoption of the International Fuel Gas Code

The 20092012 Edition of the International Fuel Gas Code, published by the International Code Council, is adopted by reference and incorporated herein as if fully set forth.  (Ord. 516 § 1 (part), 2010; Ord. 450 § 6 (part), 2007; Ord. 347 § 8 (part), 2004.)

15A.20.020 - Copy on File

At least one copy of the International Fuel Gas Code identified in Section 15A.20.010 of this Chapter shall be on file in the Office of the City Clerk. (Ord. 347 § 8 (part), 2004.)

15A.20.030 - Additional Provisions to the International Fuel Gas Code

Reserved. (Ord. 347 § 8 (part), 2004.)

15A.22.000 - Washington State Energy International Energy Conservation Code

Chapter 15A.22

Washington State Energy International Energy Conservation Code

Sections:

15A.22.010                 Adoption of Washington State Energy Code International Energy Conservation Code.

15A.22.020                 Copy on File.

15A.22.010 - Adoption of the Washington Energy Code International Energy Conservation Code

The  Current 2012 Edition of the Washington State Energy Code International Energy Conservation Code, as amended by Washington Administrative Code Chapters 51-11C and 51-11R is adopted by reference and incorporated herein as if fully set forth.  (Ord. 516 § 1 (part), 2010; Ord. 450 § 7 (part) 2007; Ord. 347 § 9 (part), 2004.)

15A.22.020 - Copy on File

 At least one copy of the Editions(s) of the Washington State Energy Code identified in Section 15A.22.010 of this Chapter shall be on file in the Office of the City Clerk.  (Ord. 450 § 7 (part), 2007; Ord. 347 § 9 (part), 2004.)

15A.25.000 - Electrical Code

Chapter 15A.25

Electrical Code

 

Sections:

15A.25.010                 Adoption of National Electrical Code.

15A.25.020                 Copy on File.

15A.25.030                 Electricians and Electrical Installations.

15A.25.040                 Copy of W.A.C. on File.

15A.25.010 - Adoption of National Electrical Code

The  2008 Edition of the National Electrical Code (NFPA 70 - 2002) and any subsequent amended versions adopted by the Department of Labor Industries, including Annex A, B, and C, but excluding Article 80; the 1999 edition of Centrifugal Fire Pumps (NFPA 20 - 1999); the 2002 edition of Emergency and Standby Power Systems (NFPA 110 - 2002); Commercial Building Telecommunications Cabling Standard (ANSI/TIA/EIA 568-B.1-May 2001 including Annex 1 through 5); Commercial Building Standard for Telecommunications Pathway and Spaces (ANSI/TIA/EIA 569-A-December 2001 including Annex 1 through 4); Commercial Building Grounding and Bonding Requirements for Telecommunications (ANSI/TIA/EIA 607 - 1994); Residential Telecommunications Cable Standard (ANSI/TIA/EIA 570-A-1999); and the National Electrical Safety Code (NESC C2-2002 excluding Appendixes A and B) are hereby adopted by reference as part of this chapter.

The requirements of this chapter will be observed where there is any conflict between this chapter and the National Electrical Code (NFPA 70), Centrifugal Fire Pumps (NFPA 20), the Emergency and Standby Power Systems (NFPA 110), ANSI/TIA/EIA 568-A, ANSI/TIA/EIA 569-A, ANSI/TIA/EIA 607, ANSI/TIA/EIA 570, or the NESC C2-2002.

The National Electrical Code will be followed where there is any conflict between Centrifugal Fire Pumps (NFPA 20), Emergency and Standby Power Systems (NFPA 110), ANSI/TIA/EIA 568-A, ANSI/TIA/EIA 569-A, ANSI/TIA/EIA 607, ANSI/TIA/EIA 570, or the NESC C2-2002 and the National Electrical Code (NFPA 70).
(Ord. 516 § 1 (part), 2010; Ord. 450 § 8 (part), 2007; Ord. 347 § 11 (part), 2004.)

15A.25.020 - Copy on File

At least one copy of the Edition of the National Electrical Code and WAC 296-46 identified in Section 15.36.010 of this Chapter shall be on file in the Office of the City Clerk.  (Ord. 347 § 11 (part), 2004.)

15A.25.030 - Electricians and Electrical Installations

The following sections of chapter 19.28 RCW as now in effect, and as may subsequently be amended, are adopted by reference to establish regulations pertaining to electricians and electrical installations, except that "Department" shall mean either the State Department of Labor and Industries, or Tacoma Public Utilities depending geographic service area located within Lakewood’s city limits. 
(Ord. 347 § 11 (part), 2004.)

15A.25.040 - Copy of WAC on File

At least one copy of the sections of Chapter 19.28 RCW set forth in Section 15.36.030 shall be on file with the Office of the City Clerk.  (Ord. 347 § 11 (part), 2004.)

15A.28.000 - International Existing Building Code

Chapter 15A.28

International Existing Building Code

Sections:

15A.28.010                 Adoption of the International Existing Building Code

15A.28.020                 Copy on File.

15A.28.030                 Additional Provisions to the International Existing Building Code.

15A.28.010 - Adoption of the International Existing Building Code

The 20092012 Edition of the International Existing Building Code (i.e., repair, alteration, change of occupancy, addition, and relocation of existing buildings), published by the International Code Council, is adopted by reference and incorporated herein as if fully set forth.  (Ord. 516 § 1 (part), 2010; Ord. 450 § 10 (part), 2007; Ord. 347 § 13 (part), 2004.)

15A.28.020 - Copy on File

At least one copy of the International Existing Building Code identified in section 15A.30.010 of this Chapter shall be on file in the Office of the City Clerk. (Ord. 347 § 13 (part), 2004.)

15A.28.030 - Additional Provisions to the International Existing Building Code

Reserved.  (Ord. 347 § 13 (part), 2004.)

15A.30.000 - International Property Maintenance Code

Chapter 15A.30

International Property Maintenance Code

Sections:

15A.30.010                 Adoption of the International Property Maintenance Code.

15A.30.020                 Copy on File.

15A.30.030                 Additional Provisions to the International Property Maintenance Code.

15A.30.010 - Adoption of the International Property Maintenance Code

The 20092012 Edition of the International Property Maintenance Code (i.e., repair, alteration, change of occupancy, addition, and relocation of existing buildings), published by the International Code Council, is adopted by reference and incorporated herein as if fully set forth.  (Ord. 516 § 1 (part), 2010; Ord. 450 § 11 (part), 2007; Ord. 347 § 14 (part), 2004.)

15A.30.020 - Copy on File

At least one copy of the International Existing Building Code identified in section 15A.30.010 of this Chapter shall be on file in the Office of the City Clerk.  (Ord. 347 § 14 (part), 2004.)

15A.30.030 - Additional Provisions to the International Property Maintenance Code

Reserved.  (Ord. 347 § 14 (part), 2004.)

15A.32.000 - General Requirements for all Referenced Codes

Chapter 15A.32

General Requirements for all Referenced Codes

Sections:         

15A.32.010                 Priority of International Codes.

15A.32.020                 Climatic and Geographic Design Requirements.

15A.32.030                 Professional Preparation of Plans. 

15A.32.040                 Construction Plans. 

15A.32.050                 Permits.

15A.32.051                 Authority for Enforcement.

15A.32.052                 Penalties.

15A.32.053                 Declaration of Public Nuisance.

15A.32.054                 Statutes Incorporated by Reference.

15A.32.060                 Appeals.

15A.32.070                 Floodplain Development.

15A.32.010 - Priority of International Codes

In cases of conflict between and among the international codes adopted by reference and incorporated into and comprising the building and construction codes of the City, the International Building Code shall take precedence over other codes. The International Mechanical Code shall take precedence over other codes except the International Building Code. The International Fire Code Standards shall take precedence over other codes except the International Building Code and the International Mechanical Code. The Uniform Plumbing Code shall take precedence over the other codes except the International Building Code, the International Mechanical Code and the International Fire Code.  (Ord. 347 § 15 (part), 2004.)

15A.32.020 - Climatic and Geographic Design Requirements

Ground Snow Load:

25 pounds per square foot

Wind Speed (gusts):

85 exposure “B”  = gust

Seismic  Design Category:

D1

Subject to Damage From

 

Weathering:

Moderate

Frost Line Depth:

12 inches

Termite:

Slight to moderate

Decay:

Slight to moderate

Winter Design Temperature:

26 degrees Fahrenheit

Ice Shield Underlayment Requirement

No

Flood Hazards

1987 Flood Insurance Rate Maps(s) or Latest FEMA Map

Air Freezing Index:

Not Applicable

Mean Annual Temperature:

50 degrees Fahrenheit

(Ord. 450 § 12 (part), 2007; Ord. 347 § 15 (part), 2004.)

15A.32.030 - Professional Preparation of Plans

The City of Lakewood shall require a Washington licensed design professional, licensed under the provisions  of RCW 18.08, WAC 308-12 or RCW 18.43 to prepare or oversee the preparation of plans for any building or structure containing five or more residential dwelling units or doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy over four thousand (4,000) square feet of construction.  (Ord. 347 § 15 (part), 2004.)

15A.32.040 - Construction Plans

A.        All submitted construction documents must be of sufficient detail to show the entire project with emphasis on the following:  Structural Integrity; Life Safety; Architectural Barriers (ADA disability compliance); Compliance with all Codes having Jurisdiction; Scope of Work; and/or Deferred Submittal Schedule.

B.        In general, the amount of detail required will vary, depending on the nature and complexity of the project.

(Ord. 347 § 15 (part), 2004.)

15A.32.050 - Permits

A.        Permit Application Forms.  The Building Official is authorized and empowered to create and develop all permit application forms incorporating the standards provided in this Title and may, from time-to-time, modify, and amend those forms, as appropriate, to reflect current development standards.

B.        Forms and Supportive Documentation.  The Building Official shall create and use administrative guidelines, policies, applications, maps, charts, reference materials, forms, brochures, handouts, electronic media, and other tools to aid the public, applicants, staff, and decision-makers in interpreting and administering this Title.

C.        Ownership.  The ownership of a City of Lakewood Building Permit inure to the property owner.  The Permit Applicant is, by definition, an agent of the property owner if not the property owner.

D.        Expiration of Permits.  All permits shall expire by limitation and be declared void if:  a) work is not started within 180 days of obtaining a permit, or b) work is abandoned for 180 days or more after beginning work.  A building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.  The extension shall be requested in writing and justifiable cause demonstrated. If a permit is expired for time, a new permit may be obtained for one-half (1/2) the permit fee for the value of the remainder of the work to finish the original permit. 

E.         Fees.  All City of Lakewood Building Permit Fees shall be established by a Master Fee Schedule and adopted by a City of Lakewood Resolution

F.         Energy/Indoor Air Quality Code (Chapters 51-11 and 51-13 WAC) Fees.  In addition to the fees established in the Master Fee Schedule, a fee will be levied and collected by the City to defray costs of plan review and inspection related to those State codes.  This fee is payable whenever a plan review fee is required by the Lakewood Building Code for proposed construction of new buildings, additions, and alterations, other than those structures or areas which are neither heated, cooled, nor supplied with artificially illuminated floor space.  This fee is $30 for each permit and is due at issuance.  Fees collected under this section shall go into a dedicated account and be administered at the discretion of the Building Official.

G.        Temporary Certificate of Occupancy.   A  temporary certificate of occupancy may be issued at the discretion of the Building Official for a time certain set by the Building Official, not to exceed 180 days when, in his or her opinion, work has progressed sufficiently to allow occupancy of a structure, but where a final certificate of occupancy cannot be issued.  Temporary certificates of occupancy may be extended by the Building Official for a time certain, not to exceed 180 days. Application for such extension must be made in writing to the Building Official prior to expiration of the previous temporary certificate of occupancy. A fee shall be charged for each extension of temporary certificate of occupancy; the amount of the fee is set forth in the Master Fee Schedule.  In the event that a temporary certificate of occupancy is allowed to expire prior to issuance of a final certificate of occupancy, a penalty fee shall be assessed prior to the issuance of either a final certificate of occupancy or the issuance of a new temporary certificate of occupancy; the penalty fee is set forth in the Master Fee Schedule.

H.        Investigation Fees: Work without a Permit.

a.         Investigation.  Whenever any work for which a permit is required by this Code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. 

b.         Fee.  An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued.  The investigation fee shall be equal to the amount of the permit fee required by this Code.  The minimum investigation fee shall be the same as the minimum fee set forth in the adopted Master fee Schedule.  Payment of the investigation fee does not vest the illegal work with any legitimacy, not does it establish any right to a City of Lakewood Permit for continued development of that project.  If the work done remains illegal for ninety (90) days after service of the Stop Work Order, it shall be considered hazardous and abated per UCDB provisions.

c.         The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law. 

I.          Fee Refunds. 

a.         The Building official may authorize the refunding of: one hundred percent (100%) of any fee erroneously paid or collected; up to eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code; and/or up to eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before plan reviewing is done.

b.         The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permitee not later than one hundred and eighty (180) days after the date of fee payment.

(Ord. 450 § 12 (part), 2007; Ord. 347 § 15 (part), 2004.)

15A.32.051 - Authority for Enforcement

The City Manager, or the designee thereof, shall have authority to enforce the provisions of the International Building Code, International Fire Code, International Mechanical Code, International Residential Code, International Fuel Gas Code, International Existing Building Code, International Property Maintenance Code, Uniform Plumbing Code and the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings.  (Ord. 347 § 15 (part), 2004.) 

15A.32.052 - Penalties

A.        Any violation of the provisions of the International Building Code, International Fire Code, International Mechanical Code, International Residential Code, International Fuel Gas Code, International Existing Building Code, or International Property Maintenance Code is a misdemeanor, punishable by imprisonment in jail for a term of up to ninety (90) days, by a fine of up to one thousand dollars ($1,000), or by both such imprisonment and fine.

B.        Any violation of the International Property Maintenance Code shall be punishable as a civil infraction with a penalty of up to two hundred and fifty dollars ($250), provided that the penalty for a second or subsequent violation within a two year period to the same individual shall be a civil penalty of up to five hundred dollars ($500).

(Ord. 469 § 1 (part), 2008; Ord. 347 § 15 (part), 2004.)

15A.32.053 - Declaration of Public Nuisance

A.        Any building, structure or premises changed, altered, constructed or repaired without the issuance of all necessary permits is a public nuisance and subject to abatement as provided for in the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings LMC 15A.34, LMC chapter 8.16, RCW chapter 35.80 or the procedures specific to the International Building Code, International Fire Code, International Mechanical Code, International Residential Code, International Fuel Gas Code, International Existing Building Code, or International Property Maintenance Code.

B.        Property, buildings or premises found to exist in violation of the provisions of the International Building Code, International Fire Code, International Mechanical Code, International Residential Code, International Fuel Gas Code, International Existing Building Code, International Property Maintenance Code or the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings LMC 15A.34 are a public nuisance and subject to abatement when, in the determination of the City Manager or designee, such conditions are contrary to the public health, safety or welfare.

C.        Upon notification of a violation or violations under the International Building Code, International Fire Code, International Mechanical Code, International Residential Code, International Fuel Gas Code, International Existing Building Code, International Property Maintenance Code or the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings LMC 15A.34, the property owner, occupant or person responsible for the property shall act to repair the described violation(s) within the time proscribed in the notice.  Any person who owns a building or property, or who is responsible for a building or property, who fails to timely correct a violation after being properly notified of the existence of a violation shall be guilty of a misdemeanor, punishable by imprisonment in jail for a term of up to ninety (90) days, by a fine of up to one thousand dollars ($1,000), or by both such imprisonment and fine.

D.        The authority for enforcement provided herein specifically allows the City to use criminal and civil penalties, and prosecution of one remedy does not foreclose the City from pursuing all other remedies, whether criminal or civil, available under the law.

(Ord. 347 § 15 (part), 2004.)

15A.32.054 - Statutes Incorporated by Reference

The following statutes are incorporated in this Ordinance by reference:

RCW 9.66.010 (Public Nuisance).

RCW 9.66.020 (Unequal Damages).

RCW 9.66.030 (Maintaining or Permitting Nuisance).

RCW 9.66.040 (Abatement of Nuisance).

(Ord. 347 § 15 (part), 2004.)

15A.32.060 - Appeals

A         Authority and Limitations. Wherever in the International Codes adopted by reference in this title reference is made to the Board of Appeals, it shall refer, instead, to the City's Hearing Examiner. The Hearing Examiner shall be authorized to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the International Codes and the other codes adopted in this title. The Hearing Examiner shall have no authority relative to interpretation of the administrative provisions of the International Codes and other codes adopted in this title, nor shall the Hearing Examiner be empowered to waive requirements of these codes. The rules of procedure otherwise applicable to the Hearing Examiner shall apply to issues coming before the Hearing Examiner by reason of this authorization. Hearing Examiner shall have no authority relative to the interpretation of the administrative provisions contained in Chapter 1 of the International Building Code, Chapter 1, of the International Residential Code, Chapter 1of the International Mechanical Code, Part 1 of the Uniform Plumbing Code, Chapter 1 and 11 of Washington State Energy Code and Chapter 1 of the Ventilation and Indoor Air Quality Code of the International Energy Conservation Code. Nor shall the Hearing Examiner be empowered to waive requirements of the building and construction codes adopted by this Ordinance.

B.        Appeal process. Any person or party directly aggrieved by a decision or order of the person designated as the Building Official for the City of Lakewood, in such person's application of the codes adopted by this Ordinance, may appeal to the Hearing Examiner by filing a notice of appeal, together with a non-refundable fee, with the City Clerk within twenty calendar days of the written decision or order being appealed.  The appeal fee shall be the amount set forth in the adopted Master fee Schedule.

C.        The Hearing Examiner shall thereafter schedule a hearing on the appeal within ninety (90) days of the notice of appeal. It is provided, however, that continuances may be granted to the appellant or to any other party in interest in the discretion of the Hearing Examiner. The Hearing Examiner shall render its decision on the appeal within thirty (30) days after the hearing.  The Hearing Examiner shall adopt reasonable rules of procedure for conducting its hearings if procedures provided in the City Code are not adequate to address International Code appeals The procedures of chapter 1.36 LMC shall govern. Copies of all decisions of the Hearing Examiner shall be provided to the appealing party and to the City Clerk, the Building Official and the City Attorney.

D.        Further Appeal to Superior Court. When any party to a Hearing Examiner hearing feels aggrieved by any final order of the Hearing Examiner stemming from an appeal to the Hearing Examiner, as provided for hereinabove, the party may bring an action appealing or challenging the decision of the Hearing Examiner to the Superior Court of Pierce County within twenty (20) days of the written decision of the Hearing Examiner The decision by the Hearing Examiner under this chapter shall be final and conclusive unless within twenty-one (21) days from the date of the decision, a party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of petition or a writ of mandamus, or other applicable relief.

(Ord. 469 § 1 (part), 2008; Ord. 347 § 15 (part), 2004.)

15A.32.070 - Floodplain Development

All development within a designated floodplain located in the City of Lakewood jurisdiction shall comply with Title 14, Chapter 15.158 of the Lakewood Municipal Code and the construction specifications detailed in the 2009 2012 IRC Section R322 Flood-Resistant Construction as amended.  (Ord. 516 § 1 (part), 2010; Ord. 347 § 15 (part), 2004.)

            Section 2.  Severability.  If any portion of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected.

            Section 3.  Effective Date.  This Ordinance shall take effect thirty (30) days after its publication or publication of a summary of its intent and contents.

PASSED by the City Council this _____day of _____, 2013.

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 Don Anderson, Mayor

Attest:

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Alice M. Bush, MMC, City Clerk

Approved as to Form:

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Matthew S. Kaser, Acting City Attorney