HomeMy WebLinkAbout4768.ORtGINA
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ORDINANCE NO. 4 7 6 8
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON., AUBURN CITY
CODE CHAPTER 15.08 ENTITLED "BUILDING CODE" AND ADOPTING AND
AMENDING THE 1994 UNIFORM BUILDING CODE ADOPTED BY THE STATE
BUILDING CODE COUNCIL.
WHEREAS, the City of Auburn desires to amend Auburn City
Code Chapter 15.08 entitled "Building Code" as part of
restructuring Title 15 and to adopt the 1994 Uniform Building
Code as adopted and amended by the State Building' Code Council
under the authority of RCW 19.27.031 and certain designated
rules contained in the Washington Administrative Code with
specified exceptions and amendments as authorized in RCW
19.27.040.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
8eotion 1. PURPOSE. The purpose of this Ordinance is to
amend Chapter 15.08 entitled "Building Code" and to adopt the
1994 uniform Building Code adopted and amended by the State
Building Code Council which is included in certain chapters of
the Washington Administrative Code,
supplements, additions and deletions
RCW 19.27.040.
Beetion 2. AMENDMENT: Chapter
Code entitled "Building Code" is hereby
in attached Exhibit "A" which is
incorporated herein.
with certain amendments,
thereto as authorized in
15.08 of the Auburn city
amended as set forth
attached hereto and
Ordinance No. 4768
August 3, 1995
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Section 3. BEVERABILITY. Should .any section,
subsection, paragragh, sentence, clause or phrase of this
ordinance be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. The Mayor is hereby
such administrative procedures as may
out the directions of this legislation.
Section 5. This Ordinance shall
force five days from and after its
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
authorized to implement
be necessary to carry
take effect and be in
passage, approval and
August 7, 1995
August 7, 1995
August 7, 1~
CHARLES A. BOOTH'
MAYOR
ATTEST:
~-~h~ ,-Danielle E. Daskam, Deputy
City Clerk
A~ORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: ~-/3 ~'~'
Ordinance No. 4768
August 3, 1995
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EXHIBIT
CHAPTER 15.08
BUILDING CODE
Seotionsl
15.08.010 Adoption of 199iA Uniform Building Code.
15.08.020 Appeals.
15.o8.o3o Sprinkler systems.
15.08.040 Recyolable materials and solld waste storage.
15.08.050 General.
15.08.010 Adoption of 199~A Uniform Building Code.
The 199~A Uniform Building Code adopted and amended by the
State Building Code Council, and included in Chapter 51-~930
WAC, is adopted as the building code of the city; provided,
that the amendments, deletions and additions thereto as
provided in this chapter shall govern over the published
provisions of the Uniform Building Code.
15.08.020 Appeals.
Section 104 of the Uniform Building Code is amended to read as
follows:
Ordinance No. 4768 Exhibit 'A'
August 3, 1995
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A. Appeal to Hearing Examiner.
1. Appointment and Term. 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 ill 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. Removal and Qualifications. The examiner or the
examiner pro tem may be removed from office by the mayor with
by the city council for cause, including but not
to malfeasance, misconduct, neglect of
approval
limited duties,
unexcused absence, criticism of public officials or publio
employees if such criticism is injurious to the requisite
working relationship between hearing examiner and the public
official or publio employee to the extent of influencing the
public perception of the objectivity of the hearing examiner,
or any other act that is perceived as not in the best
interests of the City. The examiner and the examiner pro rem
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August 3, 1995
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shall be appointed solely with regard to their qualifications
for the duties of the office which shall include, but not be
limited to appropriate educational experience such as
construction technology and land use law, interpretation and
application of the Uniform Building Code and other technical
codes, and public administration. Wherever feasible, the
Mayor shall endeavor to appoint qualified candidates who
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 examiner shall
conduct an appeal hearing as provided herein, enter findings
of fact, and conclusions
decision which is final
herein.
of law based upon those facts and a
action subject to appeal as provided
4. Conflict of Interest. The examiner shall not
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 progress. Any actual or
potential conflict of interest shall be disclosed by the
Hearing Examiner to the parties immediately upon discovery of
such conflict. Participants in the hearing process have the
right, insofar as possible, to have the examin.er free from
Ordinance No. 4768 Exhibit "A"
August 3, 1995
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personal interest or pre-hearing contacts on issues considered
~y him/her. It is recognized that there is a countervailing
public right to free access to public officials on any matter.
If such personal or pre-hearing interest contact; impairs the
examiner's ability to act on the matter, the hearing 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
Mayor shall appoint a hearing examiner pro tem to sit in the
hearing examiner's stead.
5. Freedom from Improper Influence. 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 of the Examiner. Applications and
decisions. For cases and actions as prescribed by ordinance,
the 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.
Ordinance No. 4768 Exhibit 'A"
August 3, 1995
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7. Application of Appeal and Filing Fee.
a. Form of 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) filing fee and
filing at the office of the building official a written
application of appeal containing:
1. A heading in the words: "Before the Hearings
Examiner of the City of Auburn".
2. A caption reading: "Appeal of Building Official
Decision or Determination," giving the names of all appellants
participating in the appeal.
3. A brief statement setting forth the legal
interest of each of the appellants in the building or the land
involved in the determination or decision.
4. 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.
5. A brief statement in ordinary and concise
language of the relief sought and the reasons why it is
claimed the protested action should be reversed, modified or
otherwise set aside.
Ordinance No. 4768 Exhibit 'Aw
August 3, 1995
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6. The signatures of all parties named as
appellants and their official mailing addresses.
7. The verification (by declaration under penalty
of perjury) of at least one appellant as to the truth of the
matters stated in the appeal.
b. The application of appeal shall be filed
within 30 days from the date of the building official's
determination or decision; provided, however, that if a
building or structure is in such condition as to make it
immediately dangerous to the life, limb, property or safety of
the public or adjacent property and is ordered vacated, such
application of appeal shall be filed within 10 days from the
date of the building official's decision or determination.
8. Processing Application of Appeal. Upon receipt
of any application of appeal filed pursuant to this section
together with the Two Hundred Fifty Dollar ($250.00) filing
fee, the building official shall within two (2) working days
of receipt of an application determine whether the application
is complete. If complete, the application shall be accepted.
If not complete, the building official shall request that the
applicant provide additional information as necessary to
complete the application. The applicant shall be advised of
the date of acceptance of the application.
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August 3, 1995
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9. Scheduling and Noticing Appeal for Hearing. As
soon as practicable after acceptance of the written
application of appeal, the examiner shall fix a 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 was filed with the building official.
Written notice of the time and place of the hearing shall be
given at least 10 days prior to the date of the 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, postage prepaid, addressed to the
appellant at his address shown on the appeal.
10. Effect of Failure to Appeal. Failure of any
person to file an appeal.in accordance with provisions of this
section shall constitute a waiver of any right to an
administrative hearing and adjudication of the building
official's decisions or determinations.
11. Scope of Hearing on Appeal. Only those matters
or issues specifically raised by the appellant shall be
considered in the hearing of the appeal.
12. Hearing Procedures:
a. Record. A record of the entire proceedings
shall be made by tape recording or by any other means of
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August 3, 1995
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permanent recording determined to be appropriate by the
examiner.
b. Reporting. The proceedings at the hearing
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 shall in no event be greater than the
cost involved.
c. Continuances. The examiner may grant
continuances for good cause shown.
d. Oaths - Certification.
under this section, the examiner has the
In any proceedings
power to administer
oaths and affirmations and to certify to official acts.
e. Reasonable Dispatch. 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 of Hearing. The notice to appellant
shall be substantially in the
other information:
"You are hereby notified that
(name of hearing examiner) at
of , 19 at the hour of
following form, but may include
a hearing will
be held before
on the __ day
upon the notice
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August 3, 1995
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and order served upon you. You may be present at 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)."
g. subpoenas.
1. 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 possession or under his control. A subpoena need not be
issued when the affidavit
2. Penalties.
lawful excuse to attend
is defective in any particular.
Any person who refuses without
any hearing or to produce material
evidence in his possession or under his control as required by
any subpoena served upon such person as provided for herein
shall be guilty of a misdemeanor and penalized as provided in
ACC 1.24.
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h. Conduct of Hearing.
1. Rules. Hearings need not be conducted according
to the technical rules relating to evidence and witnesses.
2. Oral Evidence. Oral evidence shall be taken
only on oath or affirmation.
3. Hearsay Evidence. 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 objection in civil
actions in courts of competent jurisdiction in this state.
4. Admissibility of Evidence. Any relevant
evidence shall be admitted
which responsible persons
conduct of serious affairs,
if it is the type of evidence on
are accustomed to rely in the
regardless of the existence of any
common law or statutory rule which might make improper the
admission of such evidence over objection in ciw[1 actions in
courts of competent jurisdiction in this state.
5. Exclusion of Evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
6. Rights of Parties. Each party shall have 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;
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(c) To cross-examine opposing witnesses on any
matter relevant to the issues of the hearing;
(d) To impeach any witness regardlsss 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.
official
7. Official Notice.
(a) What may be noticed. In reaching a decision,
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 notified. Parties present at the
hearing shall be informed of the matters to be noticed, and
these matters shall be noted in the record, referred to
therein, or appended thereto.
(c) Opportunity to refute. Parties present at the
hearing shall be given a reasonable opportunity, on request,
to refute the 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 of the premises. The hearing
examiner may inspect any building or premises involved in the
Ordinance No. 4768 Exhibit 'A'
August 3, 1995
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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 upon
completion of the inspection the material facts observed and
the conclusions drawn therefrom. Each party then shall have a
right to rebut or explain the matters so stated by the hearing
examiner.
8. Limitation of Testimony. The examiner has the
right to limit the time a witness may testify.
13. Form and Effective Date of Decision. The
decision shall be in writing and shall contain findings of
fact, conclusions of law, a determination of the issues
presented, and the requirements to be complied with. A copy of
the decision shall be delivered to the appellant personally or
sent to him by certified mail, postage prepaid, r.~turn receipt
requested. The effective date of the decision shall be as
stated therein.
14. Rights Granted - Right 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 tem shall be final
and exclusive. A writ of review must be sought in the
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August 3, 1995
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Superior court of King County, if at all, by an aggrieved
party or person.
15. Limitations of Authority. The examiner shall
have no authority relative to interpretation of the
administrative provisions of this code
nor shall the examiner be empowered to
this code or the technical codes.
or the technical codes
waive requirements of
Ordinance No. 4768 Exhibit "A"
August 3, 1995
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15.08.030
Uniform Building Code Section 313.8.2.1 amended to read as
follows:
313.8.2.1 Sprinkler Systems. See Auburn City Code 15.38,
Ordinance No. 4768 Exhibit "A"
August 3, 1995
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1
2 15.08.040 Recyclable materials and solid waste storage.
A new Section 516 and Table No. 5-F are added to Chapter 5 of
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the Uniform Building Code to read as follows:
4
A. Recyclable Materials and Solid Waste Storage.
1. For the purpose of this section, the following
definition shall apply: Recycled Materials means those solid
wastes that are separated for recycling or reuse, such as
papers, metals and glass.
2. Ail new
accordance with Table No.
materials and solid waste;
Group MI~ Occupancies.
3. The storage area shall
needs of the occupancy, efficiency
available to occupants and haulers.
4. Storage and Handling
buildings shall provide space in
5-F for the storage of recycled
EXCEPTION: Group R, Division 3 and
be designed[ to meet the
of pick-up, and shall be
of Recyclables and Solid
Waste shall comply with the 1991 Edition of the Uniform Fire
Code, Article 11, Division III.
TABLE NO. 5-F - RECYCLABLE MATERIALS AND SOLID WASTE STORAGE
AREA REQUIREMENT
OCCUPANCY AREA REQUIREMENTS
OFFICE 2 SF Per 1000 SF of Gross Floor Area
RETAIL 5 SF Per 1000 SF of Gross Floor Area
WHOLESALE
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WAREHOUSE
INDUSTRIAL
EDUCATIONAL
INSTITUTIONAL
RESIDENTIAL
Area Per 30 Units
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
located within 200 feet.
15.08.050
Uniform Building Code Section 904.1.1 amended to read as
follows:
904.1.1
General. Fire extinguishing systems required in this
code shall be installed in accordance with the requirements of
this section. See Auburn City Code 15.38.
Fire hose threads used in connection with fire-
extinguishing systems shall be national standard hose thread
or as approved by the fire department.
The location of fire department hose connections shall be
approved by the fire department.
In buildings used for high-piled combustible storage,
fire protection shall be in accordance with the Fire Code.
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August 3, 1995
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