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HomeMy WebLinkAbout4560 18 19 20 21 22 23 24 25 26 1 ORDJ:NAJrCB NO. .. 5 15 0 2 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING AUBURN CITY CODE CHAPTER 15.08 ENTITLED "UNIFORM CODES 3 ADOPTION" AND ENACTING A NEW AUBURN CITY CODE CHAPTER 15.08 ENTITLED "BUILDING CODE" AND ADOPTING AND AMENDING THE 1991 4 UNIFORM BUILDING CODE ADOPTED BY THE STATE BUILDING CODE COUNCIL. 5 6 WHEREAS, the City of Auburn desires to repeal Auburn City Code Chapter 15.08 entitled "Uniform Codes Adoption" and enact 7 8 9 10 a new Auburn City Code Chapter 15.08 entitled "Building Code" as part of restructuring Title 15 and to adopt the 1991 Uniform Building Code as adopted and amended by the State 11 Building Code Council under the authority of RCW 19.27.031 and certain designated rules contained in the Washington 12 13 Administrative Code with specified exceptions and amendments as authorized in RCW 19.27.040. 14 15 16 17 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE. The purpose of this Ordinance is to repeal Auburn City Code Chapter 15.08 entitled "Uniform Codes Adoption" and enact a new Chapter 15.08 entitled "Building Code" and to adopt the 1991 Uniform Building Code adopted and amended by the State Building Code Council which is included in certain chapters of the Washington Administrative Code, with certain amendments, supplements, additions and deletions thereto as authorized in RCW 19.27.040. -~----------------------------- Ordinance No. 4560 May 14, 1992 Page 1 '.~-'-'-'-'-_.~_.__._--,.,---- .__._---~'-~..,..._¡-_._.. 19 20 21 22 23 24 25 26 1 section 2. Chapter 15.08 of the Auburn City Code 2 entitled "Uniform Codes Adoption" is hereby repealed and a new 3 Chapter 15.08 of the Auburn City Code is hereby enacted to be 4 entitled "Building Code" as set forth in attached Exhibit "A" 5 which is attached hereto and incorporated herein. 6 Section 3. The Mayor is hereby authorized to implement 7 such administrative procedures as may be necessary to carry 8 out the directions of this legislation. 9 Section 4. This Ordinance shall take effect and be in 10 force five days from and after its passage, approval and 11 publication as provided by law. 12 13 y- / r- ý cJ-/ , r-- / r~ C; cJ-; S:-/j~9~ INTRODUCED: 14 PASSED: 15 16 APPROVED: 17 ;3,~~ 18 ATTEST: ~iJ~Ád;ú Robin WOhlhueter, City Clerk ------------------------------- Ordinance No. 4560 May 14, 1992 Page 2 - ---------.------.-------------- -1--- 15 16 17 18 19 20 21 22 23 24 25 26 1 2 APPROVED AS TO FORM: 3 4 ste?l~.~ city Attorney 5 6 7 8 9 10 11 12 PUBLISHED: &-1-9:J-- 13 14 ------------------------------- Ordinance No. 4560 May 14, 1992 Page 3 ------.._~----------_._._.._--~ 19 20 21 22 23 24 25 26 1 2 EXHIBIT "A" 3 CHAPTER 15. 08 4 BUILDING CO DB 5 6 sections: 15.0B.Ol0 Adoption or 1991 Unirorm Buildinq Code. 7 15.08.020 Appeals. Buildinq Permit Pees. Recyclable Materials and Solid waste 8 15.08.030 9 15.08.040 10 storaqe Adoption or 1991 Unirorm Buildinq Code. 11 15.08.010 12 13 The 1991 Uniform Building Code adopted and amended by the 14 state Building Code Council, and included in Washington Administrative Code Chapter 51-20, is adopted as the "Building 15 Code" of the City of Auburn; Provided, that the amendments, 16 deletions and additions thereto as provided in this Chapter 17 shall govern over the published provisions of the Uniform 18 Building Code. Section 15.08.020. Appeals. UBC section 204 is amended to read as follows: --------------------------------._------------- Ordinance No. 4560 Exhibit "N May 14, 1992 Page 4 --..-,.-------..---.- 1 A. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Appeal to Kearinq Bxaminer. 1. Appointment and Tera. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, except as provided in Chapter 70.92 RCW, a hearing examiner shall be appointed by the Mayor for a period of five years and subject to confirmation by the Auburn City Council. In the event that the appointed examiner is unable to perform the duties as hereinafter described, for whatever reason, or in the event of a vacancy in office, the Mayor shall appoint an examiner pro tem who shall have the authorities herein provided and shall serve the balance of the hearing examiner's term. 2. R_oval and Qualirications. The examiner or the examiner pro tem may be removed from office by the mayor with approval by the city council for cause, including limited but not to malfeasance, misconduct, neglect of duties, unexcused absence, criticism of public officials or public employees if such criticism is injurious to the requisite working ------------------_...~--------_.._.._..~---_.- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 5 . - - _.__._._-~-_.,--~,---".__.__._.._.._..._------_.._.._--- -------.------....--.....--..- 20 21 22 23 24 25 26 1 2 3 relationship between hearing examiner and the public official or public employee to the extent of 4 5 influencing the public perception of the objectivity of the hearing examiner, or any other act that is 6 perceived as not in the best interests of the City. The examiner and the examiner pro tem shall be 7 8 appointed solely with regard to their qualifications 9 10 11 for the duties of the office which shall include, but not be limited to appropriate educational experience such as construction technology and land 12 use law, interpretation and application of the 13 Uniform Building Code and other technical codes, and 14 public administration. Wherever feasible, the Mayor 15 shall endeavor to appoint qualified candidates who 16 17 reside in the Auburn area. 3. Duties. The examiner pro tem, in the event of the absence or inability of the examiner to act, shall have all the duties and powers of the examiner. The 18 19 examiner shall conduct an appeal hearing as provided herein, enter findings of fact, and conclusions of law based upon those facts and a decision which is final action subject to appeal as provided herein. ----------------------------------------------- Ordinance No. 4560 Exhibit"N May 14, 1992 Page 6 -- -.--------------------.----.-------. -_.~-_.- 19 20 21 22 23 24 25 26 1 2 4. Conrlict or interest. The examiner shall not 3 conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his decision making process. Any actual or potential conflict of 4 5 6 7 8 interest shall be disclosed by the Hearing Examiner 9 to the parties immediately upon discovery of such 10 conflict. Participants in the hearing process have the right, insofar as possible, to have the examiner free from personal interest or pre-hearing contacts 11 12 13 on issues considered by him/her. It is recognized 14 that there is a countervailing public right to free 15 access to public officials on any matter. If such 16 personal or pre-hearing interest contact impairs the 17 examiner's ability to act on the matter, the hearing 18 examiner shall state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said examiner. If all parties do not agree and the hearing examiner must abstain, the Mayor shall be notified and the ..--------.---------------------------------.-- Ordinance No. 4560 Exhibit" A" May 14, 1992 Page 7 ---~..~----_.. -. _.._._---_....~_.- 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 5. Mayor shall appoint a hearing examiner pro tem to sit in the hearing examiner's stead. Preedom rroa improper inrluence. No council member, City official, or any other person shall attempt to interfere with, or improperly influence the examiner or examiner pro tempore in the performance of his/her designated duties. 6. Duties or the Exaainer. Applications and decisions. For cases and actions as prescribed by ordinance, tfhe Examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact, conclusions based upon those facts, and a decision. As provided herein, such decision is final action subject to appeal as provided herein. 7. Application or appeal and rilinq ree. a. Pora or Appeal. Any person receiving a decision or determination made by the building official relative to the application and interpretation of this code may appeal such determination or decision under this code by paying the Two Hundred Fifty Dollar ($250.00) --------------------------.-------------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 8 _..-~._."--_._.~ 18 19 20 21 22 23 24 25 26 filing fee and filing at the office of the building official a written application of appeal containing: 1 2 3 4 5 6 1. 7 2. 8 9 10 11 3. 12 13 14 15 16 17 4. 5. --~------_._-----_.._-----._------------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 9 A heading in the words: "Before the Hearings Examiner of the City of Auburn". A caption reading: "Appeal of Building Official Decision or Determination," giving the names of all appellants participating in the appeal. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the determination or decision. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested --...__._~---~--~--_._._-,.- -------------.-- 20 21 22 23 24 25 26 1 2 action should be reversed, modified or otherwise set aside. 3 4 6. The signatures of all parties named as appellants and their official mailing addresses. 5 6 7 7. The verification (by declaration under 8 penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The application of appeal shall be filed within 30 9 10 11 12 days from the date of the building official's 13 determination or decision; provided, however, that 14 if a building or structure is in such condition as 15 to make it immediately dangerous to the life, limb, 16 property or safety of the public or adjacent 17 property and is ordered vacated, such application of 18 appeal shall be filed within 10 days from the date 19 of or building the official's decision determination. 8. Processinq Application or Appeal. Upon receipt of any application of appeal filed pursuant to this section together with the Two Hundred Fifty Dollar -...------------------------------------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 10 ----......_.._-'~~--'~_.-_._---------_..~-_._.._----- --....-.-.-.........- -----.---.-- 20 21 22 23 24 25 26 1 2 ($250.00) filing fee, the building official shall 3 within two (2) working days of receipt of an 4 application determine whether the application is 5 complete. If complete, the application shall be 6 accepted. If not complete, the building official 7 shall request that the applicant provide additional 8 9 10 11 information the to as complete necessary application. The applicant shall be advised of the date of acceptance of the application. 9. Schedulinq and Noticinq Appeal ror Xearinq. As soon 12 as practicable after acceptance of the written 13 application of appeal, the examiner shall fix a 14 date, time and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 90 days from the date the application of appeal 15 16 17 was filed with the building official. Written 18 notice of the time and place of the hearing shall be given at least 10 days prior to the date of the 19 hearing to each appellant by the examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, ----------.------------------------------------ Ordinance No. 4560 Exhibit" N May 14, 1992 Page 11 19 20 21 22 23 24 25 26 1 2 postage prepaid, addressed to the appellant at his 3 address shown on the appeal. 4 10. Brrect or railure to Appeal. Failure of any person 5 6 to file an appeal in accordance with provisions of this section shall constitute a waiver of any right 7 8 to an administrative hearing and adjudication of the building official's decisions or determinations. 9 11. Scope or Kearinq on Appeal. Only those matters or 10 issues specifically raised by the appellant shall be considered in the hearing of the appeal. 12. øearinq Procedures: 11 12 13 14 15 Record. a. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be 16 appropriate by the examiner. 17 b. The proceedings at the hearing Reportinq. 18 shall also be reported by a phonographic 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 examiner, but --..------..------------...----...------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 12 ..-.--..-.-.---........---...... - -- -------- 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 shall in no event be greater than the cost involved. c. Continuances. may grant The examiner continuances for good cause shown. d. oaths--certirication. In any proceedings under this section, the examiner has the power to administer oaths and affirmations and to e. certify to official acts. Reasonable Dispatoh. The examiner 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. f. Notice or Kearinq. 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 (name of hearing examiner) at on the day of , 19 at the hour of , upon the notice and order served upon you. You may be present at ---.------------------------------------------- Ordinance No. 4560 Exhibit" A" May 14, 1992 Page 13 -_..__._----"-----_...~----~-_..__.,.__..._-_.__.- 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 10 the hearing. 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 (name of hearing examiner)." 11 12 13 g. Subpoenas. 1. 14 15 16 ----------------------------------------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 14 The examiner may issue subpoenas for the attendance of witnesses or the production of other evidence at a hearing 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 - -- .._.__._.~._._~~-~,_."-_._.~- 19 20 21 22 23 24 25 26 1 2 3 4 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 5 6 7 8 9 10 11 12 13 h. lawful excuse to attend any hearing or to produce material evidence in his possession his or under control as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor and penalized as provided in ACC 1.24. 14 1. Conduct or Hearinq. Rules. Hearings need not be conducted 15 16 17 2. 18 3. -------...---------.--------------------------- Ordinance No. 4560 Exhibit "N May 14, 1992 Page 15 according to the technical rules relating to evidence and witnesses. Oral Bvidence. Oral evidence shall be taken only on oath or affirmation. Hearsay Bvidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over -----~~-_.- -------_...._~- 18 19 20 21 22 23 24 25 26 1 2 3 4 4. objection in civil actions in courts of competent jurisdiction in this state. Admissibility or Evidence. Any relevant 5 6 7 8 9 10 11 12 13 14 5. 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 or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Exclusion or Evidence. Irrelevant and unduly repetitious evidence shall be excluded. 6. Riqhts or Parties. Each party shall have 15 16 17 -------..------..------------------------------ Ordinance No. 4560 Exhibit 'A" May 14, 1992 Page 16 these rights among others: (a) To call and examine witnesses on any matter relevant to the issues of the hearing; (b) To introduce documentary and physical evidence; ------'"---_.__.~----,.__._--~---.,_..._---_.. ..... --........- 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 13 7. 14 15 ~---------------------------------------------- Ordinance No. 4560 Exhibit"N May 14, 1992 Page 17 (c) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; (d) To impeach any witness regardless of which party first called him to testify; (e) To rebut the evidence against him; (f) To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so. Orficial Ifotice. (a) What _y be noticed. In reaching a decision, official notice may be 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 official records of departments and ordinances of the city. (b) Parties to be notiried. Parties present at the hearing shall be informed of the matters to be -------------..- ------.. .----....----"- 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~.._-----------------_.._---------------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 18 noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. (c) Opportunity to rerute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the official noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the hearing examiner. (d) Inspection or the premises. The hearing examiner 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) or the hearing examiner shall state for the record --_._-----'-_.~-_.~_._"--"._-----------_..------- 19 20 21 22 23 24 25 26 1 2 upon completion of the inspection the 3 material facts observed and the 4 conclusions drawn therefrom. Each 5 party then shall have a right to rebut or explain the matters so stated by the hearing examiner. Limitation or Testimony. The examiner has 6 7 8 8. 9 the right to limit the time a witness may 10 testify. 13. Porm and Errective Date or Decision. The decision 11 12 shall be in writing and shall contain findings of 13 14 fact, conclusions of law, a determination of the issues presented, and the requirements to be 15 complied with. A copy of the decision shall be 16 17 delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall 18 be as stated therein. 14. Riqhts Granted--Riqht to Appeal. Nothing in this Section shall be construed as granting any right of judicial review which does not previously exist in law. The decision of the examiner or examiner pro ----------------------------------------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 19 -"_._._.__.,_.."...-------_..-.,-_.._-_._-_._~--_..--._.--~- 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 tem shall be final and exclusive. A writ of review 3 4 must be sought in the Superior court of King County, if at all, by an aggrieved party or person. 5 15. Limitations or Authority. The examiner shall have 6 no authority relative to interpretation of the administrative provisions of this code or the technical codes nor shall the examiner be empowered to waive requirements of this code or the technical 7 8 9 10 codes. 11 Section 15.08.030 Buildinq Permit Pees. 12 Table No. 3-A contained in Chapter 3 and referenced in UBC section 304 is amended to read as follows: ----------------------------------------------- Ordinance No. 4560 Exhibit 'A" May 14, 1992 Page 20 1 TABLB NO. 3-A -- BUILDING PERMIT PEES 2 Total Valuation Fee 18 19 20 21 22 23 24 25 26 3 $1.00 to $500.00 $501.00 to $2,000.00 4 5 6 $2,001.00 to $25,000.00 7 8 $25,001.00 to $50,000.00 9 10 11 $50,001.00 to $100.000.00 12 13 14 15 $100,001.00 to $500,000.00 16 17 $500,001.00 to $1,000,000.00 $1,000,001.00 and up $15.00 $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $414.50 $50,000.00 additional fraction including for the first plus $4.50 for each $1,000.00 or thereof, to and $100,000.00 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof to and including $500,000.00 $2,039.50 $500,000.00 additional fraction including for the first plus $3.00 for each $1,000.00 or thereof, to and $1,000,000.00 $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof e_____...________._____________________________ Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 21 ---------- ~-~---~-~ .. . 1 2 other Inspections and Fees: 3 4 5 1. Inspections outside of normal business hours (minimum charge two hours) 2. Reinspection fees assessed under provisions of section 305(g) .... $30.00 per hour* $30.00 per hour* $30.00 per hour* 4. Additional plan review required 9 by changes, additions or revisions to approved plans .... $30.00 per hour* 10 (minimum charge -- one-half hour) 6 3. Inspections for which no fee is specifically indicated (minimum charge one-half hour) 7 8 11 5. Factory Assembled structures Fee: (a) Residential Private Lot 12 (b) Residential Private Park (c) Commercial Coach - 13 Per section 6. Housing Compliance/Condominium Fee 14 (a) Single Family Compliance (b) MUlti-Family Compliance 15 Condominium Conversion First Unit 16 Each Additional Unit (c) Residential Moved-in 17 Buildings Minimum 4 Hours @ $30.00 18 7. Moving Buildings on Public- 19 Right-A-Way 20 ... . $100.00 $ 60.00 . . . . $100.00 ... . $ 60.00 . . . . $ 60.00 ... . $ 15.00 $120.00 $ 50.00 *Or the total hourly cost to the jurisdiction, whichever 21 is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the 22 employees involved. 23 24 25 26 ---..---------.-------------------------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 22 -..--------- 19 20 21 22 23 24 25 26 .. < 1 section 15.08.040 Recyclable Materials and Solid Waste storaqe. A new section 516 and Table No. 5-F are added to Chapter 2 3 4 5 of the Uniform Building Code to read as follows: 5 6 A. Recyclable Materials and Solid Waste storaqe. 1. For the purpose of this section, the following 7 definition shall apply: Recvcled Materials means 8 those solid wastes that are separated for recycling 9 or reuse, such as papers, metals and glass. 10 2. All new buildings shall provide space :in accordance with Table No. 5-F for the storage of recycled 11 12 13 materials and solid waste; EXCEPTION: Division 3 and Group M Occupancies. The storage area shall be designed to meet the needs Group R, 14 3. 15 of the occupancy, efficiency of pick-up, and shall 16 be available to occupants and haulers. 17 4. storage and Handling of Recyclables and Solid Waste shall comply with the 1991 Edition of the Uniform 18 Fire Code, Article 11, Division III. ----------------------------------------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 23 ------_..__.,,_..._"._._--_._---,_.-.-_..~.__._,.._-_._----- 1 TABLB NO. 5-1' -- 2 3 OCCUPANCY 4 OFFICE 5 RETAIL 6 WHOLESALE, WAREHOUSE 7 INDUSTRIAL 8 EDUCATIONAL INSTITUTIONAL 9 RESIDENTIAL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . RBCYCLABLB MATERIALS AND SOLID WASTE STORAGE AREA REQUIRBMB1IT AREA REOUIREMENTS 2 SF Per 1000 SF of Gross Floor Area 5 SF Per 1000 SF of Gross Floor Area 3 SF Per 1000 SF of Gross Floor Area 2 SF Per 1000 SF of Gross Floor Area Min. 12 SF Plus 1.5 SF Per Unit One Collection Area Per 30 units Located within 200 feet ----------------------------------------------- Ordinance No. 4560 Exhibit "A" May 14, 1992 Page 24 -~---_.__._- --_._---_._--_._-----_.~---_.