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Home My WebLink About05-02-2023 P.C. PACKET 05.02.23Planning Commission Meeting May 2, 2023 - 7:00 P M City Hall Council Chambers A GE NDA I .P UB L I C PART I C IPAT IO N A .P ublic P articipation I nformation The City of A uburn P lanning Commission Meeting scheduled for Tuesday, May 2, 2023, at 7:00 p.m. will be held in person and virtually. To attend the meeting virtually, please click one of the links below, or call into the meeting at one of the phone numbers below: J oin Z oom Meeting https://us06web.zoom.us/j/86157047507 Meeting I D: 861 5704 7507 One tap mobile +12532158782,,86157047507# US (Tacoma) +12532050468,,86157047507# US Dial by your location +1 253 215 8782 US (Tacoma) +1 253 205 0468 US 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting I D: 861 5704 7507 Find your local number: https://us06web.zoom.us/u/krblbQ7Dz I I .C AL L T O O RD E R A .RO L L C AL L/E S TAB L I S HM E NT O F Q UO RUM B .P L E D G E O F AL L E G I ANC E I I I .P UB L I C C O M M E NT Comment from the audience on any proposal for action by the Commission. I f the comment is related to an action subsequently listed here as a public hearing, the comment should be provided at the time of the public hearing. I V.AP P RO VAL O F M INUT E S A .A pril 4, 2023 Minutes from the Regular P lanning Commission Meeting V.P UB L I C HE ARI NG S A .A mendments to Title 15 for I B C A doption S ee attached S taff Report Page 1 of 75 V I .O T HE R B US I NE S S A .P uget S ound Regional Council Housing S urvey Video S ee attached Memorandum V I I .C O M M UNIT Y D E V E L O P M E NT RE P O RT V I I I .AD J O URNM E NT The City of Auburn Planning Commission is a seven member advisory body that provides recommendations to the Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning. Planning Commissioners are appointed by the Mayor and confirmed by the City Council. Actions taken by the Planning Commission, other than approvals or amendments to the Planning Commission Rules of Procedure, are not final decisions; they are in the form of recommendations to the city council which must ultimately make the final decision. Page 2 of 75 AGENDA BILL APPROVAL FORM Agenda Subject: April 4, 2023 Minutes from the Regular Planning Commission Meeting Date: April 18, 2023 Department: Community Development Attachments: April 4, 2023 P.C. Meeting Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff:Dixon Meeting Date:May 2, 2023 Item Number: Page 3 of 75 Planning Commission Meeting April 4, 2023 - 7:00 P M City Hall Council Chambers MINUT E S I .P UB L I C PART I C IPAT IO N A .P ublic P articipation I nformation T he City of Auburn Planning Commission M eeting was held in person and virtually. I I .C AL L T O O RD E R Chair J udi Roland called the meeting to order at 7:00 p.m. in the Council Chambers of Auburn City Hall, 25 West M ain Street. A .RO L L C AL L/E S TAB L I S HM E NT O F Q UO RUM Commissioners present: Chair J udi Roland, Vice Chair P hillip S tephens, Hanan Amer, J ulie Berry, and Kent Sprague. S taff members present: Planning Services M anager J eff Dixon, Community Development Assistant Director J ason Krum, Building Inspector Charlie S ingh, Senior City S taff Attorney Doug Ruth, and Deputy City Clerk Rebecca Wood-P ollock. B .P L E D G E O F AL L E G I ANC E Chair Roland led those in attendance in the Pledge of Allegiance. I I I .P UB L I C C O M M E NT T here was no public comment. I V.AP P RO VAL O F M INUT E S A .March 7, 2023 Minutes from the Regular Planning Commission Meeting Commissioner Sprague moved and Vice Chair Stephens seconded to approve the M arch 7, 2023 P lanning Commission M eeting M inutes. M O T I O N C ARRI E D UNANI M O US LY. 5-0 V.O T HE R B US I NE S S Page 1 of 3Page 4 of 75 A .P roposed Amendments to Auburn City Code Title 15 - Building and Construction (Krum) Overview of the Building Code update and proposed amendments to A C C Title 15 (B uilding and Construction) that would adopt the 2021 I nternational Codes, adopt specific local amendments, reduce redundancy, and improve organization of Title 15. Community Development Assistant Director Krum and Building Inspector S ingh presented the Commission with the proposed Amendments to Auburn City Code Title 15, beginning with a historical overview and the process of updating building codes. T hey provided an overview of updates to the Washington State Building Code, including "Change of Occupancy" definition changes, added classifications of buildings, fire safety updates, different types of construction, emergency service external disconnect, ground fault circuit interrupters, electric vehicle charging stations, emergency responder radio coverage, and addressed lithium-ion and lithium metal batteries. Assistant Director Krum and Building Inspector S ingh also discussed updates to the Washington State Building Code Council ("WS B C C") Energy Code including changes to insulation and energy credits, and the Wildland Urban Interface ("WUI") and the effects on the City of Auburn. T hey explained the City's authorization to amend S tate building codes and Title 15 of the Auburn City Code, including building exemptions, right-of-way encroachments, updated fees, recyclable and waste storage, fire alarm and detection systems, and clearing and grading updates. Assistant Director Krum shared that there will be a public hearing for the code changes on M ay 2, 2023. T he Commission discussed the process of International Code Council ("I C C") voting, M aster Builders' input in proposed amendments, the City's 1947 Building Code, changes in occupancy, new State Building Code requirements, the cost of adding a dedicated circuit to dwelling units, the Washington State Building Code Council ("WS B C C") E nergy Code changes, cost of housing, foam insulation, permit requirements and exemptions, application of code changes to existing construction projects, code updates on the S tate and F ederal level, penalties, storm-related issues, alternative housing types, and upcoming legislation. V I .C O M M UNIT Y D E V E L O P M E NT RE P O RT P lanning S ervices M anager Dixon presented the Commission with an update on the Comprehensive Plan, including the Downtown P lan and Activity Units, the Regional Growth Center, and expansion to the boundaries of the Downtown Urban Center. He discussed the finalized changes to the P lanning Commission Rules of Procedure, a training event tentatively scheduled for April 27, 2023 to overview the process of running for office and election procedures, an update on the Coal Creek S prings T ransmission M ain Replacement P roject, and the proposal for a pedestrian bridge over the White Page 2 of 3Page 5 of 75 River. T he Commission discussed existing and future Downtown Urban Center boundaries, the S tudy Area for the expansion of the Regional Growth Center, work from home opportunities and employment targets, tree replacement along the White River, the pedestrian bridge project's impacts on Game Farm P ark, accomodations for future population growth, and the process for nominating new P lanning Commission members. M anager Dixon shared that the next Planning Commission M eeting would be held on M ay 2, 2023. V I I .AD J O URNM E NT T here being no further business to come before the Planning Commission, the meeting was adjourned at 8:56 p.m. AP P RO V E D this 2nd day of M ay, 2023. ____________________________ ____________________________ J UD I RO L AND, C HAIR Rebecca Wood-Pollock, Deputy City Clerk The City of Auburn Planning Commission is a seven member advisory body that provides recommendations to the Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning. Planning Commissioners are appointed by the Mayor and confirmed by the City Council. Actions taken by the Planning Commission, other than approvals or amendments to the Planning Commission Rules of Procedure, are not final decisions; they are in the form of recommendations to the city council which must ultimately make the final decision. Page 3 of 3Page 6 of 75 AGENDA BILL APPROVAL FORM Agenda Subject: Amendments to Title 15 for IBC Adoption Date: April 18, 2023 Department: Community Development Attachments: Building Code Update and Amendments Staff Report Exhibit A - Text Amendment (s trikeout-underline vers ion) Exhibit B - Text Amendment (clean version) Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff:Krum Meeting Date:May 2, 2023 Item Number:PH.1 Page 7 of 75 PLANNING COMMISSION STAFF REPORT TO: Judi Roland, Chair, Planning Commission Philip Stephens, Vice-Chair, Planning Commission Planning Commission Members FROM: Jason Krum, PE, CBO, Assistant Director Department of Community Development DATE: May 2, 2023 RE: Building Code Update and Amendments PROPOSAL: Amend Title 15 (Buildings and Construction) to update the City’s Building Code in preparation for the Washington State Building Code Council’s adoption, effective July 1, 2023. FINDINGS OF FACT: Background Summary and Proposal: The Washington State Building Code Council has adopted updated 2021 building codes and related standards and associated State amendments. This is a recurring update that typically occurs every three (3) years in response to the publication of updated codes and standards by the International Code Council and associated organizations. Updated codes are anticipated to be effective July 1, 2023. The proposed changes are being originated by staff to prepare Auburn City Code for consistency with State adoption, provide additional clarity for currently adopted amendments where needed, improve organization and reduce redundancy of Title 15, and implement additional amendments in anticipation of future needs. The proposed code changes are shown by strikeout/underline code attached to this memo as Exhibit A, and a “clean” version, with all the proposed changes accepted as Exhibit B. Procedural Steps: 1. Pursuant to Revised Code of Washington (RCW) 43.21C.450, the text amendments are nonproject actions that are exempt from State Environmental Policy Act (SEPA) and are not required to be transmitted to the Washington State Department of Commerce. 2. A Notice of Public Hearing (NOH) was issued on April 22, 2023. Pursuant to Chapter 18.68 ACC, the following methods of noticing for the Planning Commission public hearing were conducted: a. The NOH was published in the Seattle Times on April 22, 2023. b. The NOH was posted in three general public locations (City Hall, City Annex, and the City’s Public Land Use Notice webpage). STAFF RECOMMENDATION: Planning Commission to conduct a public hearing and recommend the City Council review and adopt the text amendments to Title 15 (Buildings and Construction), updating the City’s existing building code in preparation of the State adoption effective date on July 1, 2023. Page 8 of 75 Staff Member: Krum Date: May 2, 2023 Page 2 of 2 ATTACHMENTS: Exhibit A – Building Code Update Text Amendment (strikeout-underline version) Exhibit B – Building Code Update Text Amendment (clean version) Page 9 of 75 -------------------------------- Planning Commission April 4, 2023 Page 1 of 39 Exhibit A Proposed ACC Title 15 Building Code Update Text Amendment Proposed changes are shown as color coded strikethrough/underline as follows: Green strikethrough/underline – Relocation of existing code from one section to another for the purpose of better organization and reduction of duplication. Purple strikethrough/underline – Minor corrections to update references (dates, code citations, titles, numbering, etc.) and repeal outdated code sections. Blue strikethrough/underline – New municipal code sections of already existing and adopted state code to allow additional clarity or modification. Red strikethrough/underline – New proposed municipal amendments of a more substantiative nature. 15.04 GENERAL PROVISIONS Sections: 15.04.010 Purpose. 15.04.030 Administration and enforcement. 15.04.040 Forms and notices. 15.04.050 Repealed. 15.04.060 Constitutionality or invalidity. 15.04.070 Conflicting ordinances. 15.04.080 Violation – Penalty. 15.04.090 Enforcement. 15.04.010 Purpose. In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for promotion of the safeguarding of life or limb, health, property and public welfare. 15.04.030 Administration and enforcement. Page 10 of 75 -------------------------------- Planning Commission April 4, 2023 Page 2 of 39 The Washington State Building Code Act provides for the administration and enforcement of this title by the city within its corporate limits. 15.04.040 Forms and notices. All forms and notices required for the administration of the State Building Code Act shall be furnished by the city. 15.04.050 Administrative officials. Repealed by Ord. 5874. 15.04.060 Constitutionality or invalidity. If any section, subsection, clause or phrase of this title is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this title, and each section, subsection, sentence, clause or phrase of this title would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases were declared invalid or unconstitutional. 15.04.070 Conflicting ordinances. All ordinances or parts of ordinances in conflict with this title are repealed, except that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this title. 15.04.080 Violation – Penalty. Unless another penalty is expressly provided by the chapters of this title, the codes adopted by this title, or other law, any violation of this title shall be enforced pursuant to the provisions of Chapter 1.25 ACC. 15.04.090 Enforcement. Pursuant to ACC 15.07.030 the building official is authorized to enforce the provisions of this title. Page 11 of 75 -------------------------------- Planning Commission April 4, 2023 Page 3 of 39 Recognizing the authority and responsibility vested in the director under the codes adopted by this title, the building official is authorized to promulgate such rules, policies and/or procedures as deemed necessary to carry out the intent of this title and provide for the efficient operation of the permit process as it may be administered by the building official and staff. In so doing, the building official may, from time to time, and notwithstanding other provisions of this title: A. Record with the county auditor’s office notices of building permit and/or land use compliance related activity regarding a specific site, which, after reasonable efforts in working with a property owner, is not brought into conformance with the provisions of this title, or notices and orders as called for under the dangerous buildings code; and/or B. Call upon the Auburn police chief to assist in the enforcement of this title. The chief or designee is authorized to issue criminal citations for violations of this title when criminal sanctions are appropriate under the Auburn City Code. 15.06.010 International codes and other standards adopted There are adopted by reference, upon the effective date of the ordinance codified in this chapter and upon filing with the city clerk one copy thereof, the following described chapters of the Washington Administrative Code, International Codes and standards, and Uniform Plumbing Code and standards together with appendix chapters, amendments, deletions and additions as set forth in this section or in the appropriate chapters in this code: A. International Building Code Adopted. The 2018 Edition of the International Building Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-50 WAC, is adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.08A ACC, Building Code. B. International Residential Code Adopted. The 2018 Edition of the International Residential Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-51 WAC, is Page 12 of 75 -------------------------------- Planning Commission April 4, 2023 Page 4 of 39 adopted by reference, excluding Chapter 11, “Energy Efficiency,” Chapters 25 through 33, “Plumbing,” and Chapters 34 through 43, “Electrical.” C. International Mechanical Code Adopted. The 2018 Edition of the International Mechanical Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by reference. D. International Fire Code Adopted. The 2018 Edition of the International Fire Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-54A WAC, is adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.36A ACC, Fire Code. E. National Fuel Gas Code (NFPA 54) Adopted. The 2018 Edition of ANSI Z223.1/NFPA 54 National Fuel Gas Code, as published by NFPA, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by reference. F. Liquefied Petroleum Gas Code (NFPA 58) Adopted. The 2018 Edition of the Liquefied Petroleum Gas Code, as published by NFPA, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by reference. G. International Fuel Gas Code Adopted. The 2018 Edition of the International Fuel Gas Code, as published by the International Code Council, as adopted and hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by reference. H. Uniform Plumbing Code Adopted. The 2018 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, as adopted and hereafter amended by the State Building Code Council in Chapter 51-56 WAC, is adopted by reference, including Chapter 12, “Fuel Piping,” Chapter 15, “Firestop Protection,” Appendix A, “Recommended Rules for Sizing the Water Supply System,” Appendix B, “Explanatory Notes on Combination Waste and Vent Systems,” Appendix C, “Alternate Plumbing Systems,” Appendix I, “Installation Standards,” and Page 13 of 75 -------------------------------- Planning Commission April 4, 2023 Page 5 of 39 those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as found in Chapter 5 and those portions of the code addressing building sewers. I. International Energy Conservation Code Adopted. The 2018 Edition of the International Energy Conservation Code, as published by the International Code Council, as amended by the State Building Code Council in Chapters 51-11C and 51- 11R WAC. The most current Washington State Energy Code as established under Chapter 19.27A RCW (most recently amended in 2012). The W ashington State Energy Code, as adopted and hereafter amended by the State Building Code Council in Chapters 51-11C and 51-11R WAC, is adopted. J. International Property Maintenance Code Adopted. The 2018 Edition of the International Property Maintenance Code, as published by the International Code Council, is adopted by reference subject to the deletions, exceptions and conditions in Chapter 15.20 ACC. K. International Swimming Pool and Spa Code Adopted. The 2018 Edition of the International Swimming Pool and Spa Code, as published by the International Code Council, excluding Chapter 4, “Public Swimming Pools,” Chapter 5, “Public Spas and Public Exercise Spas,” and Chapter 6, “Aquatic Recreation Facilities,” is adopted by reference. L. International Existing Building Code Adopted. The 2018 Edition of the International Existing Building Code, as published by the International Code Council, and hereafter amended by the State Building Code Council in WAC 51-50-480101, is adopted. M. International Green Construction Code Adopted. The 2018 Edition of the International Green Construction Code, as published by the International Code Council, is adopted by reference as an optional reference for developers who choose to utilize elements of the code for guidance. N. National Healthy Housing Standard Adopted. The 2014 Edition of the National Healthy Housing Standard, as published by the National Center for Healthy Housing, is adopted by reference as a guideline and expression of intent to assist interpretation o f the codes adopted in this chapter. Page 14 of 75 -------------------------------- Planning Commission April 4, 2023 Page 6 of 39 15.07.010 General. A. Title. These regulations shall be known as the Construction Administrative Code of the city of Auburn. B. Purpose. In interpreting and applying tThe provisions of this title, they shall be held to be the interpreted and applied as minimum requirements for promotion of the safeguarding of life, or limb, health, property and public welfare. BC. Scope. The provisions of this chapter shall apply to the administration of the technical codes adopted in Chapter 15.06 ACC and by the state of Washington, and as listed:herein. 1. a. 2018 International Building Code – Chapter 51-50 WAC; b. 2018 International Residential Code – Chapter 51-51 WAC; c. 2018 International Mechanical Code – Chapter 51-52 WAC; d. 2018 International Fire Code – Chapter 51-54A WAC; e. 2018 National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC; f. 2018 Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC; g. 2018 International Fuel Gas Code – Chapter 51-52 WAC; h. 2018 Uniform Plumbing Code – Chapter 51-56 WAC; i. 2018 International Energy Conservation Code – Chapters 51-11C and 51-11R WAC; j. 2018 International Property Maintenance Code; k. 2018 International Swimming Pool and Spa Code; l. 2018 International Existing Building Code; m. 2018 International Green Construction Code; Page 15 of 75 -------------------------------- Planning Commission April 4, 2023 Page 7 of 39 n. 2014 Edition National Healthy Housing Standard. 21. Exceptions. The provisions of this code shall not apply to work located primarily in a public way, public utility towers and poles and hydraulic flood control structures. 32. DefinitionsInterpretation of terms. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this subsection. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine; provided, that any reference to “fire department” in this title or the codes adopted hereunder shall be understood to include the Valley Regional Fire Authority. D. International codes and other standards adopted. The following codes and Washington Administrative Code chapters are adopted by reference as set forth below. The codes and WAC chapters shall have the same force and effects as if they were set forth fully herein, provided that any amendments, deletions, and additions contained in the chapters of this title shall govern over the provisions of the respective adopted code. The building official shall fie with the city clerk each code codified in this chapter. 1. International Building Code Adopted – Chapter 51-50 WAC. The 2021 Edition of the International Building Code is adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.08A ACC, Building Code. 2. International Residential Code Adopted – Chapter 51-51 WAC. The 2021 Edition of the International Residential Code is adopted by reference, excluding Chapter 11, “Energy Efficiency,” Chapters 25 through 33, “Plumbing,” and Chapters 34 through 43, “Electrical.” 3. International Mechanical Code Adopted – Chapter 51-52 WAC. The 2021 Edition of the International Mechanical Code is adopted by reference. Page 16 of 75 -------------------------------- Planning Commission April 4, 2023 Page 8 of 39 4. International Fire Code Adopted – Chapter 51-54A. The 2021 Edition of the International Fire Code is adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.36A ACC, Fire Code. 5. National Fuel Gas Code (NFPA 54) Adopted – Chapter 51-52 WAC. The 2021 Edition of ANSI Z223.1/NFPA 54 National Fuel Gas Code is adopted by reference. 6. Liquefied Petroleum Gas Code (NFPA 58) Adopted – Chapter 51-52 WAC. The 2021 Edition of the Liquefied Petroleum Gas Code is adopted by reference. 7. International Fuel Gas Code Adopted – Chapter 51-52 WAC. The 2021 Edition of the International Fuel Gas Code is adopted by reference. 8. Uniform Plumbing Code Adopted – Chapter 51-56 WAC. The 2021 Edition of the Uniform Plumbing Code is adopted by reference, including Chapter 12, “Fuel Piping,” Chapter 15, “Firestop Protection,” Appendix A, “Recommended Rules for Sizing the Water Supply System,” Appendix B, “Explanatory Notes on Combination Waste and Vent Systems,” Appendix C, “Alternate Plumbing Systems,” Appendix I, “Installation Standards,” and those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel -fired appliances as found in Chapter 5 and those portions of the code addressing building sewers. 9. International Energy Conservation Code Adopted – Chapters 51-11C and 51- 11R WAC. The 2021 Edition of the International Energy Conservation Code, as published by the International Code Council, as amended by the State Building Code Council in Chapters 51-11C and 51-11R WAC. The most current Washington State Energy Code as established under Chapter 19.27A RCW is adopted. 10. International Property Maintenance Code Adopted. The 2021 Edition of the International Property Maintenance Code, as published by the International Code Council, is adopted by reference with thethose amendments, deletions, exceptions and conditions as provided in Chapter 15.20 ACC. Page 17 of 75 -------------------------------- Planning Commission April 4, 2023 Page 9 of 39 K. International Swimming Pool and Spa Code Adopted. The 2021 Edition of the International Swimming Pool and Spa Code, as published by the International Code Council, excluding Chapter 4, “Public Swimming Pools,” Chapter 5, “Public Spas and Public Exercise Spas,” and Chapter 6, “Aquatic Recreation Facilities,” is adopted by reference. L. International Existing Building Code Adopted – Chapter 51-50. The 2021 Edition of the International Existing Building Code is adopted. M. International Green Construction Code Adopted. The 2021 Edition of the International Green Construction Code, as published by the International Code Council, is adopted by reference as an optional reference for developers who choose to utilize elements of the code for guidance. N. National Healthy Housing Standard Adopted. The 2018 Edition of the National Healthy Housing Standard, as published by the National Center for Healthy Housing, is adopted by reference as a guideline and expression of intent to assist interpretation of the codes adopted in this chapter. 15.07.020 Conflicts between codes and code applicability. A. General. In case of conflict between codes referenced in ACC 15.07.010, where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the hierarchy of the codes named in Chapter 19.27 RCW shall govern. Otherwise, the most restrictive provision shall govern, or where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the case of a conflict between the International Green Construction Code and the city of Auburn engineering design standards, surface water management manual, or construction standards, the city of Auburn standards shall govern. B. Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. Page 18 of 75 -------------------------------- Planning Commission April 4, 2023 Page 10 of 39 C. Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. D. Referenced Codes and Standards – Conflict with Chapter. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. E. Partial Invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. E. Conflicting Ordinances. All ordinances or parts of ordinances in conflict with this title are repealed, except that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to taking effect of this title. 15.07.030 EnforcementConstitutionality or invalidity. If any section, subsection, clause or phrase of this title is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this title, and each section, subsection, sentence, clause or phrase of this title would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases were declared invalid or unconstitutional.If any section, subsection, clause or phrase of this title is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this title, and each section, subsection, sentence, clause or phrase of this title would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases were declared invalid or unconstitutional.A. Enforcement Agency. The department of community development Page 19 of 75 -------------------------------- Planning Commission April 4, 2023 Page 11 of 39 is designated as the agency responsible for enforcement of building codes, and the official in charge thereof shall be known as the building official, and Section 103 of Chapter 1 of the 2018 International Building Code is amended consistent therewith. B. Venue. Unless specifically directed or assigned otherwise, violations of or failures to comply with any of the codes referenced by this chapter shall be prosecutable in the court of limited jurisdiction authorized to hear cases of the city. C. Penalties by Class and Category of Offenses. Unless a different city penalty is specifically provided for a violation of or failure to comply with any of the codes adopted by the chapters of this title, violations of and failures to comply with the requirements of the codes adopted by this chapter shall constitute offenses of the same description, class and category of offense as are indicated in the adopted code. The penalty for any such offense identified or identifiable as a misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to 90 days and a fine of up to $1,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as a gross misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to one year and a fine of up to $5,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as an infraction for which no penalty is specifically provided shall be punishable in accordance with ACC 1.25.050. D. Nonexclusive Remedy. The penalty provisions hereof are in addition to other enforcement and remedy provisions of the codes adopted by the chapters of this title. 15.07.040 Duties and powers of code officialsForms and notices. Repealed by Ord. 6310. All forms and notices for the administration of the State Building Code Act shall be furnished by the city. Page 20 of 75 -------------------------------- Planning Commission April 4, 2023 Page 12 of 39 15.07.080 Fees. A. Work Performed without a Permit. An investigation fee, in addition to the permit fee, may be collected. The investigation fee shall be assessed in accordance with the currently adopted city of Auburn fee scheduleequal to either the amount of the permit fee required by this code or the cost of the labor to perform the investigation. 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. B. Plan Review Fees. 1. When submittal documents are required by ACC 15.07.050, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official and/or the fire code official may have the option to charge a deposit in lieu of the full plan review fee, if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The plan review fee shall be imposed based on the fee schedule that is in effect at the time the building permit application is determined to be complete and is payable prior to commencement of city review. The permit fee shall be imposed based on the fee schedule that is in effect at the time the building permit application is determined to be complete and is payable prior to issuance of the permit. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in IBC Section 107.3.4.2, an additional plan review fee shall be charged at the rate shown in the fee code established by the jurisdiction. 2. Stock Plan Program. When plans are submitted under the “stock plan program,” a plan review fee, that is established in the adopted fee schedule, shall be paid at the time the permit application is determined to be complete and is payable prior to commencement of city review. Valuations used to compute the permit fees shall include all options submitted with a registered plan. When a registered plan consists of a number of plan options that can produce any number of similar bu t different buildings, the building official may charge plan review fees based on each different building Page 21 of 75 -------------------------------- Planning Commission April 4, 2023 Page 13 of 39 configuration. The plan review fees specified in this subsection are separate fees from the permit fees specified in the fee schedule, and are in addition to the permit fees. C. Refunds. 1. Application Fee Before Permit Issuance. The building official may authorize refunding of not more than the full amount of the application or plan review fee paid, less the current rate of the additional resubmittal fee adopted by the city of Auburn fee schedule in effect at the time of request when an application for a permit for which such fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee no later than 180 days after the date of application. 2. Permit Fee Before Permit Issuance. The building official may authorize refunding of not more than the full amount of the permit fee paid, less the current rate of the additional resubmittal fee adopted by the city of Auburn fee schedule in effect at the time of request when an application for a permit for which such fee has been paid is withdrawn or canceled prior to issuance. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee no later than 180 days after the date of payment. 3. Permit Fee After Permit Issuance. The building official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. When no work has been done under a permit issued in accordance with this code, the building official may authorize refunding of not more than the full amount of the permit fee p aid, less the current rate of the additional resubmittal fee adopted by the city of Auburn fee schedule; except that no refunds will be processed for permits 180 days from date of issuance where no work has been done. 15.07.090 Inspections. The city will conduct inspections as prescribed in the latest adopted copy of the International Building Code with the exceptions as noted below: Page 22 of 75 -------------------------------- Planning Commission April 4, 2023 Page 14 of 39 A. IMC/UPC/IFGC/NEC Rough-In Inspection. Rough-in mechanical, gas piping, plumbing and electrical shall be inspected when the rough-in work is complete and under test. No connections to primary utilities shall be made until the rough-in work is inspected and approved. B. Energy Efficiency Inspection – Envelope. 1. Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed. 2. Glazing Inspection. To be made after glazing materials are installed in the building. 3. Exterior Roofing Insulation. To be made after the installation of the roof insulation, but before concealment. 4. Slab/Floor Insulation. To be made after the installation of the slab/floor insulation, but before concealment. C. Special Inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections above the requirements as stated in Chapter 17 of the 2018 International Building Code for any type of work related to the technical codes by an approved agency at no cost to the jurisdiction. 15.07.100 Certificate of Occupancy. A. 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 of the building or structure shall be made until the building official has issued a certificate of occupancy as provided for in this section. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of this jurisdiction. B. Exception. Certificates of occupancy are not required for work exempt from permits under Section 105.2 of the 2018 International Building Code and International Residential Code or for R-3 and U occupancies. Page 23 of 75 -------------------------------- Planning Commission April 4, 2023 Page 15 of 39 C. The building official is authorized under ACC 12.66.080 to evaluate the condition of public improvements that service and/or are adjacent to the lot upon which the building has been constructed. For development projects that require public improvements and the improvements remain incomplete or when the building activity has damaged adjacent public sidewalks, landscaping, streets or utilities the building official is authorized to withhold certificate of occupancy until the facilities are corrected and completed. The building official with the city engineer’s approval may accept a bond or other financial security to guarantee repair or completion of required public improvements under special circumstances as determined by the city. D. Section 111 of Chapter 1 of the 2018 International Building Code and International Residential Code is hereby amended consistent therewith. 15.07.140 ViolationsEnforcement. Repealed by Ord. 6310.A. Administration and enforcement. The Washington State Building Code Act provides for the administration and enforcement of this title by the city within its corporate limits. B. Enforcement Agency. The department of community development is designated as the agency responsible for enforcement of building codes, and the official in charge thereof shall be known as the building official, and Section 103 of Chapt er 1 of the International Building Code is amended consistent therewith. C. Recognizing the authority and responsibility vested in the director under the codes adopted by this title, tThe building official is authorized to promulgate such rules, policies and/or procedures as deemed necessary to carry out the intent of this title and provide for the efficient operation of the permit process as it may be administered by the building official and staff. In so doing, the building official may, from ti me to time, and notwithstanding other provisions of this title: 1. Record with the county recorderauditor’s office notices of building permit and/or land use compliance related activity regarding a specific site, which, after reasonable efforts in working with a property owner, is not brought into Page 24 of 75 -------------------------------- Planning Commission April 4, 2023 Page 16 of 39 conformance with the provisions of this title, or notices and orders as called for under the dangerous buildings code; and/or 2. Call upon the Auburn police chief to assist in the enforcement of this title. The chief or designee is authorized to issue criminal citations for violations of this title when criminal sanctions are appropriate under the Auburn City Code. D. Venue. Unless specifically directed or assigned otherwise, violations of or failures to comply with any of the codes referenced by this chapter shall be prosecutable in the court of limited jurisdiction authorized to hear cases of the city. E. Penalties by Class and Category of Offenses. 1. It is a violation of city code for any person or entity to fail to comply with any provision of the technical codes adopted by reference in this chapter. Unless a different city penalty is specifically provided, for a violation of or failure to comply with any of the codes adopted by the chapters of this title, violations of and failures to comply with the requirements of the codes adopted by this chapter shall constitute offenses of the same description, class and category of offense as are indicated in the adopted technical code. If a technical code does not specify an offense, or subjects a violator of the code to “penalties prescribed by law,” a violation of any provision of a technical code shall constitute either (a) a misdemeanor, or (b) a civil infraction and/or civil penalty punishable in accordance with Chapter 1.25 ACC. 2. The penalty for any such offense identified or identifiable as a misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to 90 days and a fine of up to $1,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as a gross misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to one year and a fine of up to $5,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as an infraction for which no penalty is specifically provided shall be punishable in accordance with ACC 1.25.050. Page 25 of 75 -------------------------------- Planning Commission April 4, 2023 Page 17 of 39 3. In determining the appropriate penalty, the building official shall consider the seriousness of the offence, whether it poses a risk to public safety, the violator’s effort to achieve compliance, and the opportunities for alternative enforcement. F. Nonexclusive Remedy. The penalty provisions hereof are in addition to other enforcement and remedy provisions of the codes adopted by the chapters of this title. 15.08.A Building Code 15.08A.025 Section 105.2 amended – Work exempt from permit. 15.08A.011 Adoption of International Building Code. The 2018 International Building Code, as adopted in Chapter 15.07 15.06 ACC and hereafter amended by the State Building Code Council, and included in Chapter 51- 50 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 International Building Code. 15.08A.021 Appendices adopted. Appendix E, “Supplementary Accessibility Requirements,” Appendix G, “Flood -resistant Construction,” Appendix H, “Signs,” and Appendix I, “Patio Covers,” are hereby adopted. 15.08A.025 Section 105.2 amended – Work exempt from permit. International Building Code Section 105.2 is amended to read as follows: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: Page 26 of 75 -------------------------------- Planning Commission April 4, 2023 Page 18 of 39 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 200 square feet (18.58 m²). 2. Fences not over 7 feet (2,134 m²) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings, slides and other exterior playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior Page 27 of 75 -------------------------------- Planning Commission April 4, 2023 Page 19 of 39 wall, do not require additional support and do not project beyond a property boundary. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height. 14. Work located primarily within public right-of-way. 15. Like-for-like (same size) window replacement for structures where no alteration of structural members is required and window U-value meets requirements of the energy code. 16. Single-story construction job shacks that are placed at a permitted job site during construction. Job shacks shall be removed upon final approval of construction, or may be required to be removed if associated permit expires or is suspended or cancelled. A job shack is a portable structure for which the primary purpose is to house equipment and supplies, and which may serve as a temporary office during construction in support of the associated construction activity. 17. Flag and light poles on private property that do not exceed 20 feet in height. 18. Like-for-like removal and replacement of residential and commercial roofing materials where no additional load is applied and no alteration of structural members is required. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. Page 28 of 75 -------------------------------- Planning Commission April 4, 2023 Page 20 of 39 3. Portable cooling unit. 4. Steam, hot or chilled water piping with any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less. Plumbing: 1. The clearing of stoppages or stopping and repairing of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this chapter and the technical codes. 2. Reinstallation or replacement of fixtures and/or valves that have accessible connections to rough-in plumbing, except a permit is required for the replacement of a water heater and reinstallation or replacement of any fixture or valve within a commercial kitchen. 15.08A.041 Section 516 added – Recyclable materials and solid waste storage. A new Section 516 and Table No. 5-F are added to Chapter 5 of the International Building Code to read as follows: 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. Page 29 of 75 -------------------------------- Planning Commission April 4, 2023 Page 21 of 39 2. Except for Group R-3 and Group U Occupancies, Aall new buildings shall provide space in accordance with Table No. 5-F for the storage of recycled materials and solid waste; EXCEPTION: Group R, Division 3 and Group U Occupancies. For occupancy types that, in the discretion of the building official, are dissimilar to the ones listed in Table 5-F, the building official may approve an alternative area requirement if requested. The request shall be submitted for review as an alternative design in accordance with Chapter 1, Section 104.11 of the International Building Code and shall include supporting justification for the alternative floor area amounts. 3. The storage area shall be designed to meet the needs of the occupancy, efficiency of pick-up, and shall be available to occupants and haulers. 4. Storage and Handling of Recyclables and Solid Waste shall comply with the 2018 Edition of the International Fire Code, Chapter 3, Section 304. TABLE NO. 5-F – RECYCLABLE MATERIALS AND SOLID WASTE STORAGE AREA REQUIREMENT OCCUPANCY AREA REQUIREMENTS OFFICE 2 SF Per 1,000 SF of Gross Floor Area RETAIL 5 SF Per 1,000 SF of Gross Floor Area WHOLESALE 3 SF per 1,000 SF of Gross Floor Area WAREHOUSE 3 SF per 1,000 SF of Gross Floor Area INDUSTRIAL 3 SF Per 1,000 SF of Gross Floor Area Page 30 of 75 -------------------------------- Planning Commission April 4, 2023 Page 22 of 39 OCCUPANCY AREA REQUIREMENTS EDUCATIONAL 2 SF per 1,000 SF of Gross Floor Area INSTITUTIONAL 2 SF Per 1,000 SF of Gross Floor Area RESIDENTIAL Min. 12 SF Plus 1.5 SF Per Unit; One Collection Area Per 30 Units located within 200 feet 15.08A.065 Section 3202 amended – Encroachments International Building Code Section 3202 is amended to read as follows: 3202.1 Encroachments below grade. Encroachments below grade shall comply with Section 3202.1.1 through 3202.1.3. 3202.1.1 Structural Support. Any permanent part of a building erected below grade that is necessary for structural support of the building or structure shall not project beyond the lot lines. 3202.1.2 Vaults and other enclosed spaces. The construction and utilization of vaults and other enclosed spaces below grade shall be subject to the terms and conditions of the applicable governing authority. 3202.1.3 Areaways. Areaways shall be protected by grates, guards or other approved means. 3202.2 Encroachments above grade and below 810 feet in height. Encroachments into the public right-of-way above grade and below 810 feet Page 31 of 75 -------------------------------- Planning Commission April 4, 2023 Page 23 of 39 (2438 mm) in height shall be prohibited except as provided for in Sections 3202.2.1 through 3202.2.3. Doors and windows shall not open or project into the public right-of-way. 3202.2.1 Steps. Steps shall not project more than 12 inches (305 mm) and shall be guarded by approved devices not less than 3 feet (914 mm) in height, or shall be located between columns or pilasters. 3202.2.2 Architectural features. Columns or pilasters, including bases and moldings, shall not project more than 12 inches (305 mm). Belt courses, lintels, sills, architraves, pediments and similar architectural features shall not project more than 4 inches (102 mm). 3202.2.3 Awnings. The vertical clearance from the public right-of-way to the lowest part of any awning, including valances, shall be not less than 7 feet (2134 mm). 3202.3 Encroachments 8 10 feet or more above grade. Encroachments 8 10 feet (2438 mm) or more above grade shall comply with Sections 3202.3.1 through 3202.3.4. The encroachments listed below shall not be considered permanent structures and shall be authorized pursuant to a right-of-way use permit issued in accordance with ACC 12.60. 3202.3.1 Awnings, canopies, marquees and signs. Awnings, canopies, marquees and signs shall be constructed so as to support applicable loads as specified in Chapter 16. Awnings, canopies, marquees and signs with less than 15 feet (4572 mm) of clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. Stanchions or columns that support awnings, canopies, marquees and signs shall be subject to city of Auburn Engineering Design Standard requirements. 3202.3.2 Windows, balconies, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, balconies, architectural features or mechanical equipment is more than 810 feet (2438 mm), 1 inch (25 mm) of encroachment is Page 32 of 75 -------------------------------- Planning Commission April 4, 2023 Page 24 of 39 permitted for each additional 1 inch (25 mm) of clearance above 810 feet (2438 mm), but the maximum encroachment shall be 4 feet (1219 mm). 3202.3.3 Encroachments 15 feet or more above grade. Encroachments 15 feet (4572 mm) or more above grade shall not be limited. Such encroachments shall not be considered permanent structures and shall be authorized pursuant to a right-of-way use permit issued in accordance with ACC 12.60. 3202.3.4 Pedestrian walkways. The installation of a pedestrian walkway over a public right-of-way shall be subject to the approval of the city engineerapplicable governing authority. The vertical clearance from the public right-of-way to the lowest part of a pedestrian walkway shall be not less than 15 feet (4572 mm) and the height determined by the City Engineer to be needed to accommodate current and anticipated future use of the public right-of-way (including construction and re-construction of utilities). 3202.4 Temporary encroachments. This section not adopted. 15.20.010 Adoption of International Property Maintenance Code. The International Property Maintenance Code adopted in Chapter 15.0607 ACC shall be on file in the office of the city clerk. The code as amended in this chapter shall govern over the published provisions of that code. Where the International Property Maintenance Code references the code official, that shall refer to and be construed to mean the building official as used in the city code. Unless the context clearly indicates otherwise, the terms “code official” and “building official” shall be synonymous. 15.20.030 Sections 103.1 and 103.5 amended. Sections 103.1 and 103.5 of the International Property Maintenance Code are amended to read as follows: 103.1 Department of property maintenance inspection. The department of community development and public works is responsible for implementation and enforcement of the International Property Maintenance Code. Page 33 of 75 -------------------------------- Planning Commission April 4, 2023 Page 25 of 39 103.5 Fees. The fees for activities and services performed by the city in carrying out its responsibilities under this code, including hearings conducted by the hearing examiner, shall be as indicated in the city of Auburn fee schedule. 15.32.010 Additional provisions adopted. In addition to the provisions of the 2015 International Building Code, Appendix H, “Signs,” there is adopted by reference and incorporated in this chapter by this reference Chapter 18.56 ACC entitled Signs. 15.320.050 Appeal and appeal procedures. The appeal and appeal procedures contained in Chapter 15.0807 ACC and any future amendments thereto are adopted by reference and incorporated in this chapter. 15.36A.011 Adoption. The 2018 Edition of the International Fire Code as adopted in Chapter 15.07 ACC, as published by the International Code Council, and as adopted and amended by the State Building Code Council in Chapter 51-54A WAC, including Appendix D, “Fire Apparatus Access Roads,” Appendix E, “Hazard Categories,” Appendix H, “Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions,” and Appendix L, “Requirements for Fire Fighter Air Replenishment,” is adopted by reference with the amendments, additions, and deletions provided in this chapter. This chapter shall be controlling within the jurisdiction of the city. The manufacture, storage, handling, sale, and use of fireworks shall be governed by Chapter 70.77 RCW and by Chapter 212-17 WAC and Chapter 8.24 ACC, Fireworks, consistent with Chapter 212-17 WAC. 15.36A.091 Fire alarm and detection systems. A. International Fire Code Chapter 9 is amended to read as follows: 907.1.3 Equipment. Equipment systems and their components shall be listed and approved for the purposes for which they were installed. All new systems shall be addressable. Each device shall have its own address and annunciate individual device addresses at a UL Central Station. Page 34 of 75 -------------------------------- Planning Commission April 4, 2023 Page 26 of 39 907.1.4 Approved Fire Alarm and Detection Systems. In addition to any requirement of 907.2 or 907.3, all new buildings exceeding 5,000 square feet gross floor area shall be required to provide an approved automatic fire detection and alarm system. For existing buildings without an approved fire alarm and detection system, additions increasing the total area to greater than 5,000 square feet or repairs and/or alterations exceeding 5,000 square feet shall be required to provide an approved automatic fire detection and alarm system for the entire associated fire area as required for new construction. Fire walls shall not be considered to separate a building to enable deletion of the required fire detection system. EXCEPTIONS: 1. Group “U” Occupancies. 2. One and Two Family residences. 907.5.2.3.1 Employee Work Areas. Visible alarm notification appliances shall be provided in employee work areas. B. For purposes of this chapter, a “fire wall,” “fire barrier,” or “horizontal assembly” shall not be considered to separate a building so as to avoid the required automatic fire alarm and detection system. A building shall have a minimum distance of five feet from any point of the building to any point of another building and from the property line in order to be considered a separate building. 15.48 MOVING BUILDINGS Sections: 15.48.010 Definitions. 15.48.020 Permit – Required. 15.48.030 Permit – Application – Generally. 15.48.040 Permit – Application – Form. 15.48.050 Permit – Application – Contents. 15.48.060 Permit – Application – Assessment certificate accompanying. 15.48.070 Permit – Application – Ownership entitlement certificate accompanying. 15.48.080 Permit – Application – Insurance certificate accompanying. 15.48.090 Permit – Application – Performance bond or deposit accompanying. 15.48.100 Structural and equipment inspections. 15.48.110 Permit – Grounds for refusal. Page 35 of 75 -------------------------------- Planning Commission April 4, 2023 Page 27 of 39 15.48.120 Permit – Fees, deposits and insurance filed with city clerk. 15.48.130 Designations of streets. 15.48.140 Permittee’s duties. 15.48.150 Enforcement agencies. 15.48.160 Permittee’s liability extent. 15.48.170 Violation – Penalty. 15.48.010 Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. A. “Building” is that which is built or constructed, an edifice or structure of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For the purpose of this section, manufactured or mobile homes a re not considered “buildings” with regards to the applicability of this chapter. B. “Building inspector” is the building official, or their designated deputy. 15.48.020 Permit – Required. No person shall move any building over, along or across any highway, street, alley or lot in the city without first obtaining a permit from the building inspector. 15.48.030 Permit – Application – Generally. A person seeking issuance of a permit under this chapter shall file an application for such permit with the building inspector. Page 36 of 75 -------------------------------- Planning Commission April 4, 2023 Page 28 of 39 15.48.040 Permit – Application – Form. The application shall be made in writing, upon forms provided by the department of community development, and shall be filed with the department of community development. 15.48.050 Permit – Application – Contents. The application shall set forth: A. A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior; B. A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city; C. A legal description of the lot to which it is proposed such building be moved, giving lot, block and tract number, if located in the city; D. The portion of the lot to be occupied by the building when moved; E. The highways, streets, alleys or lots over, along or across which the building is proposed to be moved; F. Proposed moving date and hours; G. Any additional information which the building inspector finds necessary to a fair determination of whether a permit should be issued. 15.48.060 Permit – Application – Assessment certificate accompanying. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all city assessments and any other city charges against the same are paid in full. Page 37 of 75 -------------------------------- Planning Commission April 4, 2023 Page 29 of 39 15.48.070 Permit – Application – Ownership entitlement certificate accompanying. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that they is entitled to move the building. 15.48.080 Permit – Application – Insurance certificate accompanying. The applicant shall file with the planning and development department a certificate stating that the city is included as an additional insured on the applicant’s protective public liability insurance, providing for a limit of not less than $50,000 for all damages arising out of bodily injuries to or death of one person in any one accident; $100,000 for two or more persons injured in any one accident, subject to $50,000 for each one; and shall also provide for property damage liability insurance providing for a limit of not less than $50,000 for all damages arising out of injury to or destruction of property in any one accident. 15.48.090 Permit – Application – Performance bond or deposit accompanying. The applicant shall also file a performance bond or certified check in 100 percent of the amount of the estimated cost of such removal or moving, alteration, repair, change, addition or rebuilding, as reviewed and accepted by the building official; and such performance bond shall be conditioned upon the owner, resident or other individual securing such permit faithfully bringing the building or structure so moved and/or altered up to all standards as required by the building code and ordinances of the city, and shall further be conditioned upon the owner-applicant completing such work and complying with the building code and ordinances of the city within six months from the date such permit is granted. Page 38 of 75 -------------------------------- Planning Commission April 4, 2023 Page 30 of 39 15.48.100 Structural and equipment inspections. The building inspector shall inspect the building, whether located inside or outside the city limits, and the applicant’s equipment to determine whether the standards for issuance of a permit are met. 15.48.110 Permit – Grounds for refusal. The building official shall refuse to issue a permit if the official finds that: A. Any application requirement or any fee or deposit requirement has not been complied with; B. The building is too large to move without endangering persons or property in the city; C. The building is in such a state of deterioration, disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city; D. The building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the city; E. The applicant’s equipment is unsafe and persons and property would be endangered by its use; F. The zoning or other ordinances would be violated by the building in its new location; G. For any other reason persons or property in the city would be endangered by the moving of the building. 15.48.120 Permit – Fees, deposits and insurance filed with city clerk. A. Deposits. The community development and public works department shall deposit all fees and deposits and all insurance policies with the city finance department. Page 39 of 75 -------------------------------- Planning Commission April 4, 2023 Page 31 of 39 B. Return Upon Nonissuance. In the event that the community development and public works department is unable to issue a permit, the department shall return to the applicant all insurance policies submitted. Permit fees filed with the application shall not be returned. 15.48.130 Designations of streets. The community development and public works department shall determine a list of designated streets over which the building may be moved. The community development and public works department shall have the list approved by the chief of police and shall reproduce the list upon the permit in writing. In making their determinations, the community development and public works department and the chief of police shall act to assure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets. 15.48.140 Permittee’s duties. Every permittee under this chapter shall: A. Move a building only over streets designated for such use in the written permit; B. Notify the community development and public works department in writing of a desired change in moving date and hours as proposed in the application; C. Notify the community development and public works department in writing of any and all damage done to property belonging to the city within 24 hours after the damage or injury has occurred; D. Cause red lights to be displayed during the nighttime on every side of the building, while standing on a street, in such a manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of t he building; E. Comply with the building code, the fire code, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the city; Page 40 of 75 -------------------------------- Planning Commission April 4, 2023 Page 32 of 39 F. Pay the expense of a traffic officer if ordered by the community development and public works department to accompany the movement of the building to protect the public from injury; G. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition; H. See that the sewer line is plugged with a concrete stopper and the water shut off. Permittee shall notify the gas and electric service companies to remove their services. 15.48.150 Enforcement agencies. The building official, or the official’s designee, pursuant to the provisions of Chapter 1.25 ACC shall enforce and carry out the requirements of this chapter. 15.48.160 Permittee’s liability extent. The permittee shall be liable for any expense, damage or costs in excess of their insurance coverage, and the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. 15.48.170 Violation – Penalty. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. 15.74.020 Scope. This chapter shall regulate all land disturbing activities and the removal of trees, shrubs, and/or ground cover. All land disturbing activities are subject to the provisions of Chapter 13.48 ACC and the city of Auburn Engineering Design Standards. Land disturbing activities proposed within critical areas and/or land subject to shoreline Page 41 of 75 -------------------------------- Planning Commission April 4, 2023 Page 33 of 39 management jurisdiction shall be subject to Chapters 16.10 and 16.08 ACC, respectively, and the procedural requirements of this chapter. 15.74.030 Definitions For the purpose of this chapter, the following words shall have the following meanings: A. “Accelerated erosion” means erosion much more rapid than normal or geologic erosion, primarily as a result of the influence of the activities of humans or, in some cases, of the animals or natural catastrophes that expose bare surfaces (e.g., fires). B. “Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods. C. “Filling” means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpiling of fill material). D. “Grading” means any excavating, filling, clearing, or re -contouring of the ground surface or combination thereof. E. “Ground cover” means small plants such as salal, ferns, mosses, grasses or other types of vegetation which normally cover the ground, including trees less than six inches in diameter measured at 24 inches above ground level, which renders the surface of the soil stable against accelerated erosion. F. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development . A hard surface area which causes water to run off in greater quantities or at an increased rate of flow from the flow under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purpose of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered Page 42 of 75 -------------------------------- Planning Commission April 4, 2023 Page 34 of 39 retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. G. “Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices are not considered land d isturbing activity. H. “Permanent structure” means any buildings which are immovable including homes, garages, barns, storage buildings, or a driveway not wider than 20 feet which is the exclusive route of ingress and egress to an immovable garage or carport. I. “Pre-loading” means the placement of material with the intent to surcharge and compress subsurface soils for a limited amount of time. J. “Permit” means official document issued by the city that authorizes a specified scope of work. Document may be in the form of discrete permit approval documents or as plans approved in conjunction with associated public Facility extension (FAC) or capital project. JK. “Sedimentation” means the process by which solid particulate matter is transported by water off the site of the land disturbing activity and settles onto land or the bed of a creek, stream, river, wetland, pond, lake, or other water body. KL. “Stockpiling” means the placement of material with the intent to remove at a later time. LM. “Tree” means any self-supporting perennial woody plant characterized by natural growth of one main stem or trunk with a definite crown, and maturing at a height of at least six feet above the ground. MN. “Shrubs” means any living terrestrial plant or vegetation other than a tree or ground cover on land. Page 43 of 75 -------------------------------- Planning Commission April 4, 2023 Page 35 of 39 NO. “Significant tree” means a healthy evergreen tree, six inches or more in diameter measured four feet above grade, or a healthy deciduous tree four inches or more in diameter measured four feet above grade. OP. “Underdeveloped property” means any parcel which under the city’s zoning code may be further subdivided to allow further development, or is not already developed to the fullest zoning potential. PQ. “Undeveloped property” means any parcel which has not been altered from its natural state by grading or filling or by construction of private structures or public infrastructure that allows further development. 15.74.040 Permit. A. Application. Any owner or authorized agent who intends to clear, fill, or grade any property within the city, except those specifically exempted in ACC 15.74.050, shall first make an application to the city and obtain the required permit for the work. Applications shall be prepared by a licensed professional civil engineer and shall conform to the city’s design standards per Chapter 12.04 ACC. The city engineer shall have the authority to accept an application not prepared by a licensed professional engineer if the city engineer determines the scope of the project is such that a detailed set of plans is not required. An application for a clearing, filling, and grading permit shall be applied for and, where possible, processed concurrently with any other necessary permits or approvals. In addition, the city engineer may require off-site improvements prior to issuing any grading, filling or clearing permits when such improvements are required to mitigate the impacts of the proposed improvements. B. Approval. The city engineer, or designee, shall have the authority to approve, modify, approve with conditions, or deny the permit in accordance with the intended purposes of ACC 15.74.010. The city engineer shall also have the authority to determine the time frame when the land disturbing activity shall commence, when the project is to be completed, designated haul routes, seasonal and weather restrictions, and hours of operation. Page 44 of 75 -------------------------------- Planning Commission April 4, 2023 Page 36 of 39 C. Performance Guarantee. When the city engineer determines that steps must be taken to protect other property or the public right-of-way, then the applicant shall provide the city an assignment of funds or an irrevocable letter of credit or other similar security satisfactory to the city engineer, to ensure land disturbing activities are constructed and maintained in conformance with the approved construction drawings, standards, and any environmental requirements and that the impacts of the activities, including hauling impacts, are mitigated. The amount and duration of the financial guarantee will be determined by the city engineer, when required, and it shall be no less than $2,000 per acre. The financial guarantee shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform work to mitigate and/or control impacts from such land disturbing activities utilizing the above-described satisfactory security. The agreement shall also hold the city harmless from all claims and expenses, including attorneys’ fees. D. Fees. Fees shall be assessed in accordance with the city’s fee schedule. E. Term. Work on grading, filling, or land clearing permits must begin within 180 days from the date of issuance of the permit. If work has not begun prior to this date, the permit shall expire and a new permit will be required prior to commencing any grading, filling, or clearing activities, and will be subject to city standards in effect at the time of the new permit. A six-month period of inactivity on the grading, filling or clearing work shall constitute expiration of the permit and a new permit will be required prior to recommencing grading, filling or clearing activities and will be subject to city standards in effect at the time of the new permit unless the applicant can demonstrate justification for the delay to the satisfaction of the city engineer. Work to maintain winterization requirements shall not be considered inactivity. F. Inspection. Construction or work for which a permit is required shall be subject to inspection by the city engineer, or designee, and such construction or work shall remain accessible for inspection purposes until approved by the city engineer or designee. G. Revocation of Permits. Failure of the property owner and/or permittee to comply with any or all of the provisions of this chapter or any or all provisions of a land clearing, filling, or grading permit may cause the city engineer to revoke the permit. If the permit Page 45 of 75 -------------------------------- Planning Commission April 4, 2023 Page 37 of 39 is revoked, all operations shall cease until such time that the noncompliance is corrected. H. Where applicable, the property owner is responsible for obtaining the appropriate permits from the city when the public right-of-way is used to clear, stockpile, or load products and/or debris resulting from any land disturbing activity. I. Penalties. Any violation of the requirements of this chapter or the conditions of a land clearing, filling, and grading permit shall be enforced pursuant to the provisions of Chapter 1.25 ACC; provided, that the penalty for such violation shall be $500.00, and each day, location and/or incident shall constitute a separate civil infraction. Additionally, each violator (each individual participating in a violation) shall con stitute separate violations; provided, that if a violation involves more than 30,000 cubic yards of grading or fill work or more than 15 acres of land clearing, it shall constitute a misdemeanor punishable by up to a $1,000 fine or up to 90 days in jail or both. Any person who clears or disturbs property without first securing a permit pursuant to this chapter shall be subject to the penalties of this section and may be required to restore the site to the satisfaction of the city engineer. In addition all a ctivity on the property shall cease until such time that a permit has been issued and there shall be no issuance of any other permit or approval until such time that a land clearing or filling and grading permit has been approved. J. Appeals. Any person aggrieved by the decision of the city engineer may, within 10 business days of the city engineer’s written decision, appeal the decision to the hearing examiner who shall conduct a public hearing pursuant to ACC 18.70.040. 15.74.050 Exemptions. A. The following are exempt from the requirements of this chapter: 1. Removal of dead or diseased trees, shrubs, or ground cover. 2. Clearing and grading associated with continuous agricultural uses, excluding timber cutting not otherwise exempted. Page 46 of 75 -------------------------------- Planning Commission April 4, 2023 Page 38 of 39 3. Clearing and grading not to exceed 6,999 square feet of area within individual lots, for the purpose of the construction of a single-family home or duplex, provided a building permit has been issued by the city prior to commencing the clearing and grading activities and construction of the structure starts within 90 days of commencing clearing and grading activities. 4. The removal of up to six trees per lot within any 12-month period, or for lots greater than one acre, up to six trees per acre within any 12-month period, with fractional acres of one-half acre or more considered to be a whole acre. 5. Clearing and grading for the construction and maintenance of public facilities as approved by the city engineer to include water, sanitary sewer, streets, highways, storm drainage and related facilities. 6. Clearing and grading of areas temporarily used for activities associated with the construction of water, sanitary sewer, streets, highways, storm drainage and related facilities. Such areas shall be restored to the original condition upon construction completion. This exemption does not apply to critical areas, critical area buffers, vegetated areas that would be difficult to restore to the original condition, or areas that disturb over 1-acre. Temporary use is limited to no more than 180-days unless otherwise authorized through a city issued temporary use permit or an extension granted by the City Engineer. 67. Removal of trees, shrubs, and ground cover in emergency situations involving immediate danger to life or property. 78. Routine landscape maintenance and minor repair. 89. Removal of trees and vegetation consistent with an approved surface mining permit. 910. Removal of a tree from property zoned residential that endangers a permanent structure by being closer to the structure than the distance from the base of the tree to its top, regardless of whether the tree is located on the same property as the structure. Page 47 of 75 -------------------------------- Planning Commission April 4, 2023 Page 39 of 39 1011. Upon approval of the city engineer or designee, clearing and grading not to exceed 500 cubic yards consisting of excavations of less than five feet in vertical depth and/or fills less than eight inches of vertical depth. 1112. Upon approval of the city engineer or designee, the temporary stockpiling of less than 500 cubic yards, combined, of topsoils, crushed rock, sawdust, mulch, bark, chips, or similar materials on a lot, tract, or parcel of land for a period not to exceed 12 months; provided, that the stockpile has adequate coverage to prevent erosion. 1213. Upon approval of the city engineer or designee, the temporary stockpiling of organic or inorganic materials used in an approved construction project, provided the use, location, duration, and extent of the stockpile were disclosed through the environmental or development review process. In no case shall a temporary stockpile remain beyond a 24-month period. 1314. New plus replaced hard surfaces which have a surface area less than 2,000 square feet. 1415. Emergency temporary sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect l ife or property, provided such measures do not adversely impact adjacent properties or public facilities. B. An exemption from clearing, filling, and grading permit requirements does not exempt a property owner from the policies, criteria, and standards contained in this chapter or other applicable local, state, or federal regulations or permit requirements. C. The property owner is responsible to ensure that clearing of any trees that are within striking distance of a structure or have the potential to cause damage to others is performed by a licensed and bonded contractor. Page 48 of 75 -------------------------------- Planning Commission April 4, 2023 Page 1 of 26 Exhibit B Proposed ACC Title 15 Building Code Update (Clean Version) 15.04 GENERAL PROVISIONS (Repealed by Ord. 6902) 15.06 INTERNATIONAL CODES (Repealed by Ord. 6902) 15.07.010 General. A. Title. These regulations shall be known as the Construction Administrative Code of the city of Auburn. B. Purpose. The provisions of this title shall be interpreted and applied as minimum requirements for safeguarding life, limb, health, property, and public welfare. C. Scope. The provisions of this chapter shall apply to the administration of the technical codes adopted herein. 1. Exceptions. The provisions of this code shall not apply to work located primarily in a public way, public utility towers and poles and hydraulic flood control structures. 2. Interpretation of terms. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine; provided, that any reference to “fire department” in this title or the codes adopted hereunder shall be understood to include the Valley Regional Fire Authority. D. International codes and other standards adopted. The following codes and Washington Administrative Code chapters are adopted by reference as set forth below. The codes and WAC chapters shall have the same force and effects as if they were set Page 49 of 75 -------------------------------- Planning Commission April 4, 2023 Page 2 of 26 forth fully herein, provided that any amendments, deletions, and additions contained in the chapters of this title shall govern over the provisions of the respective adopted code. The building official shall fie with the city clerk each code codified in this chapter. 1. International Building Code Adopted – Chapter 51-50 WAC. The 2021 International Building Code is adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.08A ACC, Building Code. 2. International Residential Code Adopted – Chapter 51-51 WAC. The 2021 International Residential Code is adopted by reference, excluding Chapter 11, “Energy Efficiency,” Chapters 25 through 33, “Plumbing,” and Chapters 34 through 43, “Electrical.” 3. International Mechanical Code Adopted – Chapter 51-52 WAC. The 2021 International Mechanical Code is adopted by reference. 4. International Fire Code Adopted – Chapter 51-54A. The 2021 International Fire Code is adopted by reference with amendments, deletions and additions thereto as provided in Chapter 15.36A ACC, Fire Code. 5. National Fuel Gas Code (NFPA 54) Adopted – Chapter 51-52 WAC. The 2021 ANSI Z223.1/NFPA 54 National Fuel Gas Code is adopted by reference. 6. Liquefied Petroleum Gas Code (NFPA 58) Adopted – Chapter 51-52 WAC. The 2021 Liquefied Petroleum Gas Code is adopted by reference. 7. International Fuel Gas Code Adopted – Chapter 51-52 WAC. The 2021 International Fuel Gas Code is adopted by reference. 8. Uniform Plumbing Code Adopted – Chapter 51-56 WAC. The 2021 Uniform Plumbing Code is adopted by reference, including Chapter 12, “Fuel Piping,” Chapter 15, “Firestop Protection,” Appendix A, “Recommended Rules for Sizing the Water Supply System,” Appendix B, “Explanatory Notes on Combination Waste and Vent Systems,” Appendix C, “Alternate Plumbing Systems,” Appendix I, “Installation Standards,” and those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as found in Chapter 5 and those portions of the code addressing building sewers. Page 50 of 75 -------------------------------- Planning Commission April 4, 2023 Page 3 of 26 9. International Energy Conservation Code Adopted – Chapters 51-11C and 51- 11R WAC. The 2021 International Energy Conservation Code, as published by the International Code Council, as amended by the State Building Code Council in Chapters 51-11C and 51-11R WAC. The most current Washington State Energy Code as established under Chapter 19.27A RCW is adopted. 10. International Property Maintenance Code Adopted. The 2021 International Property Maintenance Code, as published by the International Code Council, is adopted by reference with those amendments, deletions, exceptions and conditions provided in Chapter 15.20 ACC. K. International Swimming Pool and Spa Code Adopted. The 2021 International Swimming Pool and Spa Code, as published by the International Code Council, excluding Chapter 4, “Public Swimming Pools,” Chapter 5, “Public Spas and Public Exercise Spas,” and Chapter 6, “Aquatic Recreation Facilities,” is adopted by reference. L. International Existing Building Code Adopted – Chapter 51-50. The 2021 International Existing Building Code is adopted. M. International Green Construction Code Adopted. The 2021 International Green Construction Code, as published by the International Code Council, is adopted by reference as an optional reference for developers who choose to utilize elements of the code for guidance. N. National Healthy Housing Standard Adopted. The 2018 National Healthy Housing Standard, as published by the National Center for Healthy Housing, is adopted by reference as a guideline and expression of intent to assist interpretation of the codes adopted in this chapter. 15.07.020 Conflicts between codes and code applicability. A. General. In case of conflict between codes referenced in ACC 15.07.010, where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the hierarchy of the codes named in Chapter 19.27 Page 51 of 75 -------------------------------- Planning Commission April 4, 2023 Page 4 of 26 RCW shall govern. Otherwise, the most restrictive provision shall govern, or where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the case of a conflict between the International Green Construction Code and the city of Auburn engineering design standards, surface water management manual, or construction standards, the city of Auburn standards shall govern. B. Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. C. Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. D. Referenced Codes and Standards – Conflict with Chapter. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. E. Conflicting Ordinances. All ordinances or parts of ordinances in conflict with this title are repealed, except that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to taking effect of this title. 15.07.030 Constitutionality or invalidity. If any section, subsection, clause or phrase of this title is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this title. Page 52 of 75 -------------------------------- Planning Commission April 4, 2023 Page 5 of 26 15.07.040 Forms and notices. All forms and notices for the administration of the State Building Code Act shall be furnished by the city. 15.07.080 Fees. A. Work Performed without a Permit. An investigation fee, in addition to the permit fee, may be collected. The investigation fee shall be assessed in accordance with the currently adopted city of Auburn fee schedule. 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. B. Plan Review Fees. 1. When submittal documents are required by ACC 15.07.050, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official and/or the fire code official may have the option to charge a deposit in lieu of the full plan review fee, if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The plan review fee shall be imposed based on the fee schedule that is in effect at the time th e building permit application is determined to be complete and is payable prior to commencement of city review. The permit fee shall be imposed based on the fee schedule that is in effect at the time the building permit application is determined to be comp lete and is payable prior to issuance of the permit. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in IBC Section 107.3.4.2, an additional plan review fee shall be charged at the rate shown in the fee code established by the jurisdiction. 2. Stock Plan Program. When plans are submitted under the “stock plan program,” a plan review fee, that is established in the adopted fee schedule, shall be paid at the time the permit application is determined to be complete and is payable prior to Page 53 of 75 -------------------------------- Planning Commission April 4, 2023 Page 6 of 26 commencement of city review. Valuations used to compute the permit fees shall include all options submitted with a registered plan. When a registered plan consists of a number of plan options that can produce any number of similar but different buildings, the building official may charge plan review fees based on each different building configuration. The plan review fees specified in this subsection are separate fees from the permit fees specified in the fee schedule, and are in addition to the permit fees. C. Refunds. 1. Application Fee Before Permit Issuance. The building official may authorize refunding of not more than the full amount of the application or plan review fee paid, less the current rate of the additional resubmittal fee adopted by the city of Auburn fee schedule in effect at the time of request when an application for a permit for which such fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee no later than 180 days after the date of application. 2. Permit Fee Before Permit Issuance. The building official may authorize refunding of not more than the full amount of the permit fee paid, less the current rate of the additional resubmittal fee adopted by the city of Auburn fee schedule in effect at the time of request when an application for a permit for which such fee has been paid is withdrawn or canceled prior to issuance. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee no later than 180 days after the date of payment. 3. Permit Fee After Permit Issuance. The building official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. When no work has been done under a permit issued in accordance with this code, the building official may authorize refunding of not more than the full amount of the permit fee paid, less the current rate of the additional resubmittal fee adopted by the city of Auburn fee schedule; except that no refunds will be processed for permits 180 days from date of issuance where no work has been done. Page 54 of 75 -------------------------------- Planning Commission April 4, 2023 Page 7 of 26 15.07.090 Inspections. The city will conduct inspections as prescribed in the latest adopted copy of the International Building Code with the exceptions as noted below: A. IMC/UPC/IFGC/NEC Rough-In Inspection. Rough-in mechanical, gas piping, plumbing and electrical shall be inspected when the rough -in work is complete and under test. No connections to primary utilities shall be made until the rough-in work is inspected and approved. B. Energy Efficiency Inspection – Envelope. 1. Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed. 2. Glazing Inspection. To be made after glazing materials are installed in the building. 3. Exterior Roofing Insulation. To be made after the installation of the roof insulation, but before concealment. 4. Slab/Floor Insulation. To be made after the installation of the slab/floor insulation, but before concealment. C. Special Inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections above the requirements as stated in Chapter 17 of the International Building Code for any type of work related to the technical codes by an approved agency at no cost to the jurisdiction. 15.07.100 Certificate of Occupancy. A. 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 of the building or structure shall be made until the building official has issued a certificate of occupancy as provided for in this section. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of this jurisdiction. Page 55 of 75 -------------------------------- Planning Commission April 4, 2023 Page 8 of 26 B. Exception. Certificates of occupancy are not required for work exempt from permits under Section 105.2 of the International Building Code and International Residential Code or for R-3 and U occupancies. C. The building official is authorized under ACC 12.66.080 to evaluate the condition of public improvements that service and/or are adjacent to the lot upon which the building has been constructed. For development projects that require public improvements and the improvements remain incomplete or when the building activity has damaged adjacent public sidewalks, landscaping, streets or utilities the building official is authorized to withhold certificate of occupancy until the facilities are corrected and completed. The building official with the city engineer’s approval may accept a bond or other financial security to guarantee repair or completion of required public improvements under special circumstances as determined by the city. D. Section 111 of Chapter 1 of the International Building Code and International Residential Code is hereby amended consistent therewith. 15.07.140 Enforcement. A. Administration and enforcement. The Washington State Building Code Act provides for the administration and enforcement of this title by the city within its corporate limits. B. Enforcement Agency. The department of community development is designated as the agency responsible for enforcement of building codes, and the official in charge thereof shall be known as the building official, and Section 103 of Chapter 1 of the International Building Code is amended consistent therewith. C. The building official is authorized to promulgate such rules, policies and/or procedures as deemed necessary to carry out the intent of this title and provide for the efficient operation of the permit process as it may be administered by the building official and staff. In so doing, the building official may, from time to time, and notwithstanding other provisions of this title: 1. Record with the county recorder’s office notices of building permit and/or land use compliance related activity regarding a specific site, which, after reasonable Page 56 of 75 -------------------------------- Planning Commission April 4, 2023 Page 9 of 26 efforts in working with a property owner, is not brought into conformance with the provisions of this title, or notices and orders as called for under the dangerous buildings code; and/or 2. Call upon the Auburn police chief to assist in the enforcement of this title. The chief or designee is authorized to issue criminal citations for violations of this title when criminal sanctions are appropriate under the Auburn City Code. D. Venue. Unless specifically directed or assigned otherwise, violations of or failures to comply with any of the codes referenced by this chapter shall be prosecutable in the court of limited jurisdiction authorized to hear cases of the city. E. Penalties. 1. It is a violation of city code for any person or entity to fail to comply with any provision of the technical codes adopted by reference in this chapter. Unless a different city penalty is specifically provided, a violation of or failure to comply with any of the codes adopted by this chapter shall constitute offenses of the same description, class and category of offense as are indicated in the adopted technical code. If a technical code does not specify an offense, or subjects a violator of the code to “penalties prescribed by law,” a violation of any provision of a technical code shall constitute either (a) a misdemeanor, or (b) a civil infraction and/or civil penalty punishable in accordance with Chapter 1.25 ACC. 2. The penalty for any such offense identified or identifiable as a misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to 90 days and a fine of up to $1,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as a gross misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to one year and a fine of up to $5 ,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as an infraction for which no penalty is specifically provided shall be punishable in accordance with ACC 1.25. Page 57 of 75 -------------------------------- Planning Commission April 4, 2023 Page 10 of 26 3. In determining the appropriate penalty, the building official shall consider the seriousness of the offence, whether it poses a risk to public safety, the violator’s effort to achieve compliance, and the opportunities for alternative enforcement. F. Nonexclusive Remedy. The penalty provisions hereof are in addition to other enforcement and remedy provisions of the codes adopted by the chapters of this title. 15.08A.011 Adoption of International Building Code. The International Building Code, as adopted in Chapter 15.07 ACC and hereafter amended by the State Building Code Council, and included in Chapter 51-50 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 prov isions of the International Building Code. 15.08A.025 Section 105.2 amended – Work exempt from permit. International Building Code Section 105.2 is amended to read as follows: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 200 square feet. 2. Fences not over 7 feet high. 3. Oil derricks. Page 58 of 75 -------------------------------- Planning Commission April 4, 2023 Page 11 of 26 4. Retaining walls that are not over 4 feet in he ight measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings, slides and other exterior playground equipment. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall, do not require additional support and do not project beyond a property boundary. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 14. Work located primarily within public right-of-way. 15. Like-for-like window replacement for structures where no alteration of structural members is required and window U-value meets requirements of the energy code. Page 59 of 75 -------------------------------- Planning Commission April 4, 2023 Page 12 of 26 16. Single-story construction job shacks that are placed at a permitted job site during construction. Job shacks shall be removed upon final approval of construction, or may be required to be removed if associated permit expires or is suspended or cancelled. A job shack is a portable structure for which the primary purpose is to house equipment and supplies, and which may serve as a temporary office during construction in support of the associated construction activity. 17. Flag and light poles on private property that do not exceed 20 feet in height. 18. Like-for-like removal and replacement of residential and commercial roofing materials where no additional load is applied and no alteration of structural members is required. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping with any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less. Page 60 of 75 -------------------------------- Planning Commission April 4, 2023 Page 13 of 26 Plumbing: 1. The clearing of stoppages or stopping and repairing of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this chapter and the technical codes. 2. Reinstallation or replacement of fixtures and/or valves that have accessible connections to rough-in plumbing, except a permit is required for the replacement of a water heater and reinstallation or replacement of any fixture or valve within a commercial kitchen. 15.08A.041 Section 516 added – Recyclable materials and solid waste storage. A new Section 516 and Table No. 5-F are added to Chapter 5 of the International Building Code to read as follows: 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. Except for Group R-3 and Group U Occupancies, all new buildings shall provide space in accordance with Table No. 5-F for the storage of recycled materials and solid waste. For occupancy types that, in the discretion of the building official, are dissimilar to the ones listed in Table 5-F, the building official may approve an alternative area requirement if requested. The request shall be submi tted for review as an alternative design in accordance with Chapter 1, Section 104.11 of the International Building Code and shall include supporting justification for the alternative floor area amounts. Page 61 of 75 -------------------------------- Planning Commission April 4, 2023 Page 14 of 26 3. The storage area shall be designed to meet the needs of the occupancy, efficiency of pick-up, and shall be available to occupants and haulers. 4. Storage and Handling of Recyclables and Solid Waste shall comply with the International Fire Code, Chapter 3, Section 304. TABLE NO. 5-F – RECYCLABLE MATERIALS AND SOLID WASTE STORAGE AREA REQUIREMENT OCCUPANCY AREA REQUIREMENTS OFFICE 2 SF Per 1,000 SF of Gross Floor Area RETAIL 5 SF Per 1,000 SF of Gross Floor Area WHOLESALE 3 SF per 1,000 SF of Gross Floor Area WAREHOUSE 3 SF per 1,000 SF of Gross Floor Area INDUSTRIAL 3 SF Per 1,000 SF of Gross Floor Area Page 62 of 75 -------------------------------- Planning Commission April 4, 2023 Page 15 of 26 OCCUPANCY AREA REQUIREMENTS EDUCATIONAL 2 SF per 1,000 SF of Gross Floor Area INSTITUTIONAL 2 SF Per 1,000 SF of Gross Floor Area RESIDENTIAL Min. 12 SF Plus 1.5 SF Per Unit; One Collection Area Per 30 Units located within 200 feet 15.08A.065 Section 3202 amended – Encroachments International Building Code Section 3202 is amended to read as follows: 3202.1 Encroachments below grade. Encroachments below grade shall comply with Section 3202.1.1 through 3202.1.3. 3202.1.1 Structural Support. Any permanent part of a building erected below grade that is necessary for structural support of the building or structure shall not project beyond the lot lines. 3202.1.2 Vaults and other enclosed spaces. The construction and utilization of vaults and other enclosed spaces below grade shall be subject to the terms and conditions of the applicable governing authority. Page 63 of 75 -------------------------------- Planning Commission April 4, 2023 Page 16 of 26 3202.1.3 Areaways. Areaways shall be protected by grates, guards or other approved means. 3202.2 Encroachments above grade and below 10 feet in height. Encroachments into the public right-of-way above grade and below 10 feet in height shall be prohibited. Doors and windows shall not open or project into the public right -of- way. 3202.3 Encroachments 10 feet or more above grade. Encroachments 10 feet or more above grade shall comply with Sections 3202.3.1 through 3202.3.4. The encroachments listed below shall not be considered permanent structures and shall be authorized pursuant to a right-of-way use permit issued in accordance with ACC 12.60. 3202.3.1 Awnings, canopies, marquees and signs. Awnings, canopies, marquees and signs shall be constructed so as to support applicable loads as specified in Chapter 16. Awnings, canopies, marquees and signs with less than 15 feet of clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. Stanchions or columns that support awnings, canopies, marquees and signs shall be subject to city of Auburn Engineering Design Standard requirements. 3202.3.2 Windows, balconies, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, balconies, architectural features or mechanical equipment is more than 10 feet, 1 inch of encroachment is permitted for each additional 1 inch of clearance above 10 feet, but the maximum encroachment shall be 4 feet. 3202.3.3 Encroachments 15 feet or more above grade. Encroachments 15 feet or more above grade shall not be limited. Such encroachments shall not be considered permanent structures and shall be authorized pursuant to a right-of-way use permit issued in accordance with ACC 12.60. Page 64 of 75 -------------------------------- Planning Commission April 4, 2023 Page 17 of 26 3202.3.4 Pedestrian walkways. The installation of a pedestrian walkway over a public right-of-way shall be subject to the approval of the city engineer. The vertical clearance from the public right-of-way to the lowest part of a pedestrian walkway shall be not less than 15 feet and the height determined by the city engineer to be needed to accommodate current and anticipated future use of the public right-of-way (including construction and re-construction of utilities). 3202.4 Temporary encroachments. This section not adopted. 15.20.010 Adoption of International Property Maintenance Code. The International Property Maintenance Code adopted in Chapter 15.07 ACC shall be on file in the office of the city clerk. The code as amended in this chapter shall govern over the published provisions of that code. Where the Internationa l Property Maintenance Code references the code official, that shall refer to and be construed to mean the building official as used in the city code. Unless the context clearly indicates otherwise, the terms “code official” and “building official” shall be synonymous. 15.20.030 Sections 103.1 and 103.5 amended. Sections 103.1 and 103.5 of the International Property Maintenance Code are amended to read as follows: 103.1 Department of property maintenance inspection. The department of community development is responsible for implementation and enforcement of the International Property Maintenance Code. 103.5 Fees. The fees for activities and services performed by the city in carrying out its responsibilities under this code, including hearings conducted by the hearing examiner, shall be as indicated in the city of Auburn fee schedule. Page 65 of 75 -------------------------------- Planning Commission April 4, 2023 Page 18 of 26 15.32.010 Additional provisions adopted. In addition to the provisions of the International Building Code, Appendix H, “Signs,” there is adopted by reference and incorporated in this chapter by this reference Chapter 18.56 ACC entitled Signs. 15.320.050 Appeal and appeal procedures. The appeal and appeal procedures contained in Chapter 15.07 ACC and any future amendments thereto are adopted by reference and incorporated in this chapter. 15.36A.011 Adoption. The International Fire Code as adopted in Chapter 15.0 7 ACC, as published by the International Code Council, and as adopted and amended by the State Building Code Council in Chapter 51-54A WAC, including Appendix D, “Fire Apparatus Access Roads,” Appendix E, “Hazard Categories,” Appendix H, “Hazardous Material s Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions,” and Appendix L, “Requirements for Fire Fighter Air Replenishment,” is adopted by reference with the amendments, additions, and deletions provided in this chapter. This chapter shall be controlling within the jurisdiction of the city. The manufacture, storage, handling, sale, and use of fireworks shall be governed by Chapter 70.77 RCW and by Chapter 212-17 WAC and Chapter 8.24 ACC, Fireworks, consistent with Chapter 212-17 WAC. 15.36A.091 Fire alarm and detection systems. A. International Fire Code Chapter 9 is amended to read as follows: 907.1.3 Equipment. Equipment systems and their components shall be listed and approved for the purposes for which they were installed. All new systems shall be Page 66 of 75 -------------------------------- Planning Commission April 4, 2023 Page 19 of 26 addressable. Each device shall have its own address and annunciate individual device addresses at a UL Central Station. 907.1.4 Approved Fire Alarm and Detection Systems. In addition to any requirement of 907.2 or 907.3, all new buildings exceeding 5,000 square feet gross floor area shall be required to provide an approved automatic fire detection and alarm system. For existing buildings without an approved fire alarm and detection system, additions increasing the total area to greater than 5,000 square feet or repairs and/or alterations exceeding 5,000 square feet shall be required to provide an approved automatic fire detection and alarm system for the entire associated fire area as required for new construction. Fire walls shall not be considered to separate a building to enable deletion of the required fire detection system. EXCEPTIONS: 1. Group “U” Occupancies. 2. One and Two Family residences. 907.5.2.3.1 Employee Work Areas. Visible alarm notification appliances shall be provided in employee work areas. B. For purposes of this chapter, a “fire wall,” “fire barrier,” or “horizontal assembly” shall not be considered to separate a building so as to avoid the required automatic fire alarm and detection system. A building shall have a minimum distance of five feet from any point of the building to any point of another building and from the property line in order to be considered a separate building. 15.48 MOVING BUILDINGS (Repealed by Ord. 6902) 15.74.020 Scope. This chapter shall regulate all land disturbing activities and the removal of trees, shrubs, and/or ground cover. All land disturbing activities are subject to the provisions of Chapter 13.48 ACC and the city of Auburn Engineering Design Standards. Land Page 67 of 75 -------------------------------- Planning Commission April 4, 2023 Page 20 of 26 disturbing activities proposed within critical areas and/or land subject to shoreline management jurisdiction shall be subject to Chapters 16.10 and 16.08 ACC, respectively, and the procedural requirements of this chapter. 15.74.030 Definitions For the purpose of this chapter, the following words shall have the following meanings: A. “Accelerated erosion” means erosion much more rapid than normal or geologic erosion, primarily as a result of the influence of the activities of humans or, in some cases, of the animals or natural catastrophes that expose bare surfaces (e.g., fires). B. “Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods. C. “Filling” means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative co vering of soil surface, or fill material (including temporary stockpiling of fill material). D. “Grading” means any excavating, filling, clearing, or re -contouring of the ground surface or combination thereof. E. “Ground cover” means small plants such as salal, ferns, mosses, grasses or other types of vegetation which normally cover the ground, including trees less than six inches in diameter measured at 24 inches above ground level, which renders the surface of the soil stable against accelerated erosion . F. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off in greater quantities or at an increased rate of flow from the flow under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads, pa cked earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not Page 68 of 75 -------------------------------- Planning Commission April 4, 2023 Page 21 of 26 be considered as impervious surfaces for the purpose of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. G. “Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity. H. “Permanent structure” means any buildings which are immovab le including homes, garages, barns, storage buildings, or a driveway not wider than 20 feet which is the exclusive route of ingress and egress to an immovable garage or carport. I. “Pre-loading” means the placement of material with the intent to surcharge and compress subsurface soils for a limited amount of time. J. “Permit” means official document issued by the city that authorizes a specified scope of work. Document may be in the form of discrete permit approval documents or as plans approved in conjunction with associated public Facility extension (FAC) or capital project. K. “Sedimentation” means the process by which solid particulate matter is transported by water off the site of the land disturbing activity and settles onto land or the bed of a creek, stream, river, wetland, pond, lake, or other water body. L. “Stockpiling” means the placement of material with the intent to remove at a later time. M. “Tree” means any self-supporting perennial woody plant characterized by natural growth of one main stem or trunk with a definite crown, and maturing at a height of at least six feet above the ground. N. “Shrubs” means any living terrestrial plant or vegetation other than a tree or ground cover on land. Page 69 of 75 -------------------------------- Planning Commission April 4, 2023 Page 22 of 26 O. “Significant tree” means a healthy evergreen tree, six inches or more in diameter measured four feet above grade, or a healthy deciduous tree four inches or more in diameter measured four feet above grade. P. “Underdeveloped property” means any parcel which under the city’s zoning code may be further subdivided to allow further development, or is not already developed to the fullest zoning potential. Q. “Undeveloped property” means any parcel which has not been altered from i ts natural state by grading or filling or by construction of private structures or public infrastructure that allows further development. 15.74.040 Permit. A. Application. Any owner or authorized agent who intends to clear, fill, or grade any property within the city, except those specifically exempted in ACC 15.74.050, shall first make an application to the city and obtain the required permit for the work. Applications shall be prepared by a licensed professional civil engineer and shall conform to the city’s design standards per Chapter 12.04 ACC. The city engineer shall have the authority to accept an application not prepared by a licensed professional engineer if the city engineer determines the scope of the project is such that a detailed set of plans is not required. An application for a clearing, filling, and grading permit shall be applied for and, where possible, processed concurrently with any other necessary permit s or approvals. In addition, the city engineer may require off -site improvements prior to issuing any grading, filling or clearing permits when such improvements are required to mitigate the impacts of the proposed improvements. B. Approval. The city engineer, or designee, shall have the authority to approve, modify, approve with conditions, or deny the permit in accordance with the intended purposes of ACC 15.74.010. The city engineer shall also have the authority to determine the time frame when the land disturbing activity shall commence, when the project is to be completed, designated haul routes, seasonal and weather restrictions, and hours of operation. Page 70 of 75 -------------------------------- Planning Commission April 4, 2023 Page 23 of 26 C. Performance Guarantee. When the city engineer determines that steps must be taken to protect other property or the public right-of-way, then the applicant shall provide the city an assignment of funds or an irrevocable letter of credit or other similar security satisfactory to the city engineer, to ensure land disturbing activities are constructed a nd maintained in conformance with the approved construction drawings, standards, and any environmental requirements and that the impacts of the activities, including hauling impacts, are mitigated. The amount and duration of the financial guarantee will be determined by the city engineer, when required, and it shall be no less than $2,000 per acre. The financial guarantee shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform work to mitigate and/or control impacts from such land disturbing activities utilizing the above-described satisfactory security. The agreement shall also hold the city harmless from all claims and expenses, including attorneys’ fees. D. Fees. Fees shall be assessed in accordance with the city’s fee schedule. E. Term. Work on grading, filling, or land clearing permits must begin within 180 days from the date of issuance of the permit. If work has not begun prior to this date, the permit shall expire and a new permit will be required prior to commencing any grading, filling, or clearing activities, and will be subject to city standards in effect at the time of the new permit. A six-month period of inactivity on the grading, filling or clearing work shall constitute expiration of the permit and a new permit will be required prior to recommencing grading, filling or clearing activities and will be subject to city standards in effect at the time of the new permit unless the applicant can demonstrate justification for the delay to the satisfaction of the city engineer. Work to maintain winterization requirements shall not be considered inactivity. F. Inspection. Construction or work for which a permit is required shall be subject to inspection by the city engineer, or designee, and such construction or work shall remain accessible for inspection purposes until approved by the city engineer or designee. G. Revocation of Permits. Failure of the property owner and/or permittee to comply with any or all of the provisions of this chapter or any or all provisions of a land clearing, filling, or grading permit may cause the city engineer to revoke the permit. If the permit Page 71 of 75 -------------------------------- Planning Commission April 4, 2023 Page 24 of 26 is revoked, all operations shall cease until such time that the noncompliance is corrected. H. Where applicable, the property owner is responsible for obtaining the appropriate permits from the city when the public right-of-way is used to clear, stockpile, or load products and/or debris resulting from any land disturbing activity. I. Penalties. Any violation of the requirements of this chapter or the conditions of a land clearing, filling, and grading permit shall be enforced pursuant to the provisions of Chapter 1.25 ACC; provided, that the penalty for such violation shall be $500.00, and each day, location and/or incident shall constitute a separate civil infraction. Additionally, each violator (each individual participating in a violation) shall con stitute separate violations; provided, that if a violation involves more than 30,000 cubic yards of grading or fill work or more than 15 acres of land clearing, it shall constitute a misdemeanor punishable by up to a $1,000 fine or up to 90 days in jail or both. Any person who clears or disturbs property without first securing a permit pursuant to this chapter shall be subject to the penalties of this section and may be required to restore the site to the satisfaction of the city engineer. In addition all a ctivity on the property shall cease until such time that a permit has been issued and there shall be no issuance of any other permit or approval until such time that a land clearing or filling and grading permit has been approved. J. Appeals. Any person aggrieved by the decision of the city engineer may, within 10 business days of the city engineer’s written decision, appeal the decision to the hearing examiner who shall conduct a public hearing pursuant to ACC 18.70.040. 15.74.050 Exemptions. A. The following are exempt from the requirements of this chapter: 1. Removal of dead or diseased trees, shrubs, or ground cover. 2. Clearing and grading associated with continuous agricultural uses, excluding timber cutting not otherwise exempted. Page 72 of 75 -------------------------------- Planning Commission April 4, 2023 Page 25 of 26 3. Clearing and grading not to exceed 6,999 square feet of area within individual lots, for the purpose of the construction of a single-family home or duplex, provided a building permit has been issued by the city prior to commencing the clearing and grading activities and construction of the structure starts within 90 days of commencing clearing and grading activities. 4. The removal of up to six trees per lot within any 12 -month period, or for lots greater than one acre, up to six trees per acre within any 12-month period, with fractional acres of one-half acre or more considered to be a whole acre. 5. Clearing and grading for the construction and maintenance of public facilities as approved by the city engineer to include water, sanitary sewer, streets, highways, storm drainage and related facilities. 6. Clearing and grading of areas temporarily used for activities associated with the construction of water, sanitary sewer, streets, highways, storm drainage and related facilities. Such areas shall be restored to the original condition upon construction completion. This exemption does not apply to critical areas, critical area buffers, vegetated areas that would be difficult to restore to the original condition, or areas that disturb over 1-acre. Temporary use is limited to no more than 180-days unless otherwise authorized through a city issued temporary use permit or an extension granted by the city engineer. 7. Removal of trees, shrubs, and ground cover in emergency situations involving immediate danger to life or property. 8. Routine landscape maintenance and minor repair. 9. Removal of trees and vegetation consistent with an approved surface mining permit. 10. Removal of a tree from property zoned residential that endangers a permanent structure by being closer to the structure than the distance from the base of the tree to its top, regardless of whether the tree is located on the same property as the structure. Page 73 of 75 -------------------------------- Planning Commission April 4, 2023 Page 26 of 26 11. Upon approval of the city engineer or designee, clearing and grading not to exceed 500 cubic yards consisting of excavations of less than five feet in vertical depth and/or fills less than eight inches of vertical depth. 12. Upon approval of the city engineer or designee, the temporary stockpiling of less than 500 cubic yards, combined, of topsoils, crushed rock, sawdust, mulch, bark, chips, or similar materials on a lot, tract, or parcel of land for a period not to exceed 12 months; provided, that the stockpile has adequate coverage to prevent erosion. 13. Upon approval of the city engineer or designee, the temporary stockpiling of organic or inorganic materials used in an approved construction project, provided the use, location, duration, and extent of the stockpile were disclosed through the environmental or development review process. In no case shall a temporary stockpile remain beyond a 24-month period. 14. New plus replaced hard surfaces which have a surface area less than 2,000 square feet. 15. Emergency temporary sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property, provided such measures do not adversely impact adjacent properties or public facilities. B. An exemption from clearing, filling, and grading permit requirements does not exempt a property owner from the policies, criteria, and standards contained in this chapter or other applicable local, state, or federal regulations or permit requirements. C. The property owner is responsible to ensure that clearing of any trees that are within striking distance of a structure or have the potential to cause damage to others is performed by a licensed and bonded contractor. Page 74 of 75 AGENDA BILL APPROVAL FORM Agenda Subject: Puget Sound Regional Council Housing Survey Video Date: April 18, 2023 Department: Community Development Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff:Dixon Meeting Date:May 2, 2023 Item Number: Page 75 of 75