HomeMy WebLinkAbout6902 (2) ORDINANCE NO. 6902
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO BUILDING
CODES, AND AMENDING CHAPTER 15.08A, SECTIONS
15.07.010, 15.07.020, 15.07.030, 15.07.040, 15.07.080,
15.07.090, 15.07.100, 15.07.140, 15.07.150, 15.020.010,
15.20.030, 15.20.050, 15.32.010, 15.32.050, 15.36A.011,
15.36A.091, 15.74.040 AND 15.74.050, REPEALING
CHAPTERS 15.04, 15.06, AND 15.48 OF THE AUBURN
CITY CODE
WHEREAS, the Auburn City Code includes a variety of chapters adopting various
codes related to the building of structures; and
WHEREAS, the State of Washington promulgates some of these codes, updates
them periodically, and requires, through RCW 19.27, that local jurisdictions adopt and
implement the standard codes; and
WHEREAS, the State of Washington has promulgated updated codes and has
approved them for adoption by local jurisdictions; and
WHEREAS, city staff and VRFA staff have reviewed the city's building-related
codes, have identified amendments to update or supplemented these codes, and have
identified desired amendments to the provisions of the State-adopted codes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 15.07.010 of the Auburn City
Code is amended to read as follows:
15.07.010 General.
Ordinance No. 6902
June 5, 2023
Page 1 of 31 Rev.2021
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.
BC. Scope. The provisions of this chapter shall apply to the administration of the
technical codes adopted • - •- - -•! - ' - - - - - • • - - _ - • _ _ _ -
listed:herein.
b. 2018 International Residential Code Chapter 51 51 WAC;
c. 2018 International Mechanical Code Chapter 51 52 WAC;
d. 20 nernational Fire Code Chapter 51 5'lA WAC;
! . • A 4 • . A A
! _ •_ - eeA .1, 1
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;
1. 2018 International Existing Building Code;
m. 2018 International Green Construction Code;
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June 5, 2023
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12. 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.
23. Definitisswslnterpretation of terms. For the purpose of this chapter, certain
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 (WAC) 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 file 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 the 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.
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June 5, 2023
Page 3 of 31 Rev.2021
4. International Fire Code Adopted— Chapter 51-54A. The 2021 International
Fire Code is adopted by reference with the 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 fewicementportions 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 International Energy Conservation Code, as published by
the International Code Council;and 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 by
reference.
10. International Property Maintenance Code Adopted. The 2021 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.
K. International Swimming Pool and Spa Code Adopted. The 2021 International
Swimming Pool and Spa Code, as published by the International Code Council,
Ordinance No. 6902
June 5, 2023
Page 4 of 31 Rev.2021
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 by reference.
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.
Section 2. Amendment to City Code. Section 15.07.020 of the Auburn City
Code is amended to read as follows:
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.
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June 5, 2023
Page 5 of 31 Rev.2021
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 .inion of-this code is held to be
FE. 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.
Section 3. Amendment to City Code. Section 15.07.030 of the Auburn City
Code is amended to read as follows:
15.07.030 E 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.
A. Enforcement Agency. The department of commun' .- e:••-- • . - -d-aa
the agency responsibleent of buildingiai in charge
•` -- - e• •e • w.. a �.e eM' f .eef-GbapteF--1-ef4he 2018
ding Code is amended consistent therewith.
Ordinance No. 6902
June 5, 2023
Page 6 of 31 Rev.2021
ity-penalty-is
C. Penal - : - --- - - -- --e :•- - . - • - - _ • - -- -
the codes adopted by this chapter shall-sen-stitute offenses of the same description,
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countyjailfora . __ _ _ _ - " - - - - -- . -: _ :. ••• e : . :_
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fine of up to $5,000, or by both such fine and imprisonment. The penalty for any su€11-
• ,
D. Nonexclusive Remedy. The penalty provisions hereof arc in addition to other
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Section 4. Amendment to City Code. Section 15.07.040 of the Auburn City
Code is amended to read as follows:
15.07.040 - - -- - - •- Forms 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.
Section 5. Amendment to City Code. Section 15.07.080 of the Auburn City
Code is amended to read as follows:
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 -e -- = •. "• •- - ”e-• assessed in
accordance with the currently adopted city of Auburn fee scheduleof the permit fee
required by this code or the cost of the labor to perform the investigation. The payment
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June 5, 2023
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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 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,
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June 5, 2023
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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.
Section 6. Amendment to City Code. Section 15.07.090 of the Auburn City
Code is amended to read as follows:
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.
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June 5, 2023
Page 9 of 31 Rev.2021
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.
Section 7. Amendment to City Code. Section 15.07.100 of the Auburn City
Code is amended to read as follows:
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 20-1-8 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
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June 5, 2023
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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.
Section 8. Amendment to City Code. Section 15.07.140 of the Auburn City
Code is amended to read as follows:
15.07.140 Violation&Enforcement.
Repoaled 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 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
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
Ordinance No. 6902
June 5, 2023
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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, for a violation of or failure to comply
with any of the codes adopted by •- -•- = - -, - - - - - •=
_ _ -e -' -"•-• - --- 1:- - - e . 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 fail 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 or civil penalty for which no penalty is specifically
provided shall be punishable in accordance with Chapter ACC 1.25.050.
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June 5, 2023
Page 12 of 31 Rev.2021
3. In determining the appropriate penalty, the building official shall consider the
seriousness of the offense, 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.
Section 9. Amendment to City Code. Section 15.08A.011 of the Auburn City
Code is amended to read as follows:
15.08A.011 Adoption of International Building Code.
The 2018 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 provisions
of the International Building Code.
Section 10. New Section to City Code. A new section, 15.08A.025, "Section
105.2 amended —Work exempt from permit" is added to Chapter 15.08A to read as
follows:
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.
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June 5, 2023
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2. Fences not over 7 feet high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet 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 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 swimminq 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 (1,372 mm)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.
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June 5, 2023
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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.
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.
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June 5, 2023
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7. Self-contained refrigeration system containing 10 pounds or less of refrigerant
and actuated by motors of 1 horsepower 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.
Section 11. Amendment to City Code. Section 15.08A.041 of the Auburn City
Code is amended to read as follows:
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, 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 No. 5-F, the building official may approve an alternative area
Ordinance No. 6902
June 5, 2023
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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
AREA
'OCCUPANCY' .
REQUIREMENTS-;
'2 SF Per 1,000SF of
• ` .Gross Floor Area
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:
,F :'Gross Floor Area
INDUSTRIAL 3:SF:Per1,000 SF,Of
Gross Floor Area
'EDUCATIONAL; 2 SF per,1.,000 SF of-'
:Gross Floor.Ar"ea
"INSTITUTIONAL "2 SF.Per'1,000 SF of;
Gross'Flobr°Area
Ordinance No. 6902
June 5, 2023
Page 17 of 31 Rev.2021
AREA
;OCCUPANCY:;,: ;
. REQUIREMENTS
;:RESIDENTIAL.: :Min:;:12 SE Kis
, . SF;Per;Uniit, One
Collection Area Per:
30 Units located
within 200:feet
Section 12. New Section to City Code. A new section, 15.08A.065, "Section
3202 amended — Encroachments," is added to Chapter 15.08A to read as follows:
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 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.
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June 5, 2023
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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
encroachements 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.
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).
Ordinance No. 6902
June 5, 2023
Page 19 of 31 Rev.2021
3202.4 Temporary encroachments. This section not adopted.
Section 13. Amendment to City Code. Section 15.20.010 of the Auburn City
Code is amended to read as follows:
The International Property Maintenance Code adopted in Chapter 15.06-07 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 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.
Section 14. Amendment to City Code. Section 15.20.030 of the Auburn City
Code is amended to read as follows:
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.
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.
Section 15. Amendment to City Code. Section 15.20.050 of the Auburn City
Code is amended to read as follows:
International Property Maintenance Code Section 110.1 is amended to read as follows:
Section 110.1 General. The code official shall order the owner or owner's
authorized agent of any premises upon which is located any structure, which in
Ordinance No. 6902
June 5, 2023
Page 20 of 31 Rev.2021
the code official's or owner's authorized agent judgment after review is so
deteriorated or dilapidated or has become so out of repair as to be dangerous,
unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such
that it is unreasonable to repair the structure, to demolish and remove such
structure; or if such structure is capable of being made safe by repairs, to repair
and make safe and sanitary, or to,board up and hold for future repair or to
demolish and remove at the owner's option; or where there has been a cessation
of normal construction of any structure for a period of more than two (2) years,
the code official shall order the owner or owner's authorized agent to demolish
and remove such structure, or board up until future repair. Unless the code
official determines that other measures are appropriate based on the
circumstances, boarding the building up for future repair shall comply with
appendix A and the structure shall not remain boarded beyond thirty (30) days,
except where a non-opaque material is used that provides the same level of
security as provided by the requirements of Appendix A, the boarding may
remain in place for no more than one year. Timeframe extensions may be
approved by the code official.
Section 16. Amendment to City Code. Section 15.32.010 of the Auburn City
Code is amended to read as follows:
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.
Section 17. Amendment to City Code. Section 15.32.050 of the Auburn City
Code is amended to read as follows:
The appeal and appeal procedures contained in Chapter 15.0815.07 ACC and any
future amendments thereto are adopted by reference and incorporated in this chapter.
Section 18. Amendment to City Code. Section 15.36A.011 of the Auburn
City Code is amended to read as follows:
Ordinance No. 6902
June 5, 2023
Page 21 of 31 Rev.2021
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 51A 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 pursuant to Chapter 15.07 ACC 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.
Section 19. Amendment to City Code. Section 15.36A.091 of the Auburn
City Code is amended to read as follows:
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.
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, additions increasing the total area to greater than 5,000
square feet=or alterations or repairs 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.
Ordinance No. 6902
June 5, 2023
Page 22 of 31 Rev.2021
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.
Section 20. Amendment to City Code. Section 15.74.020 of the Auburn City
Code is amended to read as follows:
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
management jurisdiction shall be subject to Chapters 16.10 and 16.08 ACC,
respectively, and the procedural requirements of this chapter.
Section 21. Amendment to City Code. Section 15.74.030 of the Auburn City
Code is amended to read as follows:
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.
Ordinance No. 6902
June 5, 2023
Page 23 of 31 Rev.2021
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
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 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.
Ordinance No. 6902
June 5, 2023
Page 24 of 31 Rev.2021
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.
4K. "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.
#4L. "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.
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.
4P. "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.
Section 22. Amendment to City Code. Section 15.74.040 of the Auburn City
Code is amended to read as follows:
Ordinance No. 6902
June 5, 2023
Page 25 of 31 Rev.2021
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.
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.
Ordinance No. 6902
June 5, 2023
Page 26 of 31 Rev.2021
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
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 constitute
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.
Ordinance No. 6902
June 5, 2023
Page 27 of 31 Rev.2021
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 activity 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.
Section 23. Amendment to City Code. Section 15.74.050 of the Auburn City
Code is amended to read as follows:
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.
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.
Ordinance No. 6902
June 5, 2023
Page 28 of 31 Rev.2021
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 or as approved by
the city engineer 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.
69. Removal of trees and vegetation consistent with an approved surface mining
permit.
010. 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.
110. 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.
12.4-. 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.
132. 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
Ordinance No. 6902
June 5, 2023
Page 29 of 31 Rev.2021
environmental or development review process. In no case shall a temporary
stockpile remain beyond a 24-month period.
143. New plus replaced hard surfaces which have a surface area less than 2,000
square feet.
154. 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.
Section 24. Repealing City Code. Chapters 15.04, 15.06, and 15.48 of the
Auburn City Code are repealed.
Section 25. Constitutionality and Invalidity. If any section, subsection
sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction such portion shall be deemed a
separate, distinct and independent provision, and such holding shallnot affect the validity
of the remaining portions thereof.
Section 26. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Ordinance No. 6902
June 5, 2023
Page 30 of 31 Rev.2021
Section 27. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law, on the
effective date of October 29, 2023, or in the event of delay of implementation, the effective
date as determined by the Washington State Building Code Council, whichever date is
latest.
JUN 0520B
INTRODUCED:
PASSED: JUN 0 5 2023
APPROVED: JUN 0 5 2023
CITY OF AUBURN
ATTEST:
KNO4A ,_ cst
NANCY BAS, Mayor
awn Campbell, MMC, ity Cler
APPROVED AS TO FORM:
YerAdki,, CON\a-C4
Kendra Comeau, City Attorney
Published: -Ul-f"+1-e, TI Il-LS V ]81 2 02 3
Ordinance No. 6902
June 5, 2023
Page 31 of 31 Rev.2021