HomeMy WebLinkAbout5185 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDINANCE NO. 5 i 8 5
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
AUBURN CITY CODE SECTION 15.08.010 ENTITLED "ADOPTION OF 1994
UNIFORM BUILDING CODE" TO REFLECT ADOPTION OF THE 1997 EDITION
OF THE UNIFORM BUILDING CODE AND TO CORRECT REFERENCE TO THE
WASHINGTON ADMINISTRATIVE CODE AND AMENDING SECTION 15.08.040
ENTITLED "SECTION 516 ADDED-RECYCLABLE MATERIALS AND SOLID
WASTE STORAGE" TO REFLECT ADOPTION OF THE 1997 EDITION OF THE
UNIFORM FIRE CODE AND TO ADD SPECIFIC IDENTIFICATION OF
SECTION 1103 OF ARTICLE 11 OF THE 1997 EDITION OF THE UNIFORM
FIRE CODE WHICH SECTIONS ARE CONTAINED IN AUBURN CITY CODE
CHAPTER 15.08 ENTITLED "BUILDING CODE".
WHEREAS, the City of Auburn desires to amend Auburn City
Code Chapter 15.08 entitled "Building Code" and to adopt the
1997 Uniform Building Code as adopted and amended by the State
Building Code Council under the authority of RCW 19.27.031 and
certain designated rules contained in the Washington
Administrative Code with specified exceptions and amendments
as authorized in RCW 19.27.040; and
WHEREAS, the City of Auburn desires to correct reference
to the Washington Administrative Code and amending Section
15.08.040 entitled "Section 516 Added-Recyclable Materials and
Solid Waste Storage" to reflect adoption of the 1997 Edition
of the Uniform Fire Code and to add specific identification of
Section 1103 of Article 11 of the 1997 Edition of the Uniform
Fire Code.
Ordinance No. 5185
December 14, 1998
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this Ordinance is to
amend Chapter 15.08 entitled "Building Code" and to adopt the
1997 Uniform Building Code adopted and amended by the State
Building Code Council which is included in certain chapters of
the Washington Administrative Code, with certain amendments,
supplements, additions and deletions thereto as authorized in
RCW 19.27.040,
Administrative
"Section 516
Storage" to
Uniform Fire
Section 1103
Fire Code.
Section 2.
Code entitled
and to correct reference to the Washington
Code and amending Section 15.08.¢,40 entitled
Added-Recyclable Materials and Solid Waste
reflect adoption of the 1997 Edition of the
Code and to add specific identification of
of Article 11 of the 1997 Edition of the Uniform
AF~ENDMENT. Chapter 15.08 of the Auburn City
"Buildin9 Code" is hereby amended as set forth
"A" which is attached hereto and
in attached Exhibit
incorporated herein.
Section 3. SEVERABILIT¥.
subsection, paragraph,
ordinance be declared
Should any section,
sentence, clause or phrase of this
unconstitutional or invalid for any
Ordinance No. 5185
December 14, 1998
Page 2
1
2
3
4
5
6
7
8
9
lO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
reason, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 5. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
December 21, 1998
December 21, 1998
1998
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Ordinance No. 5185
December 14, 1998
Page 3
1
2
3
4
5
6
7
8
9
lO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 5185
December 14, 1998
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDTNANCE NO. 5185
EXHIBIT "~"
Chapter 15.08
BUILDING CODE
Sections:
15.08.010 Adoption of ((~994)) 1997 Uniform Building Code.
15.08.020 Section 104 amended - Appeals.
15.08.030 Section 313.8.2.1 amended - Sprinkler systems.
15.08.040 Section 516 added Recyclable materials and solid
waste storage.
15.08.050 Section 904.1.1 amended - General.
15.08.010 Adoption of ((~-9-94)) 1997 Uniform Building Code.
The ((~z3~)) 1997 Uniform Building Code adopted and
amended by the State Building Code Council, and included in
Chapter 51-((~4~))40 WAC, is adopted as the building code of
the city; provided, that the amendments, deletions and
additions thereto as provided in this chapter shall govern
over the published provisions of the Uniform Building Code.
104 amended - Appeals.
of the Uniform Building Code is amended to
Appeal to Hearing Examiner.
15.08.020 Section
Section 104
read as follows:
A.
1. Appointment and Term. In order to hear and decide appeals
of orders, decisions or determinations made by the
building official relative to the application and
Ordinance NO. 5185
Exhibit "A"
December 14, 1998
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
26
o
interpretation of this code, except as provided in
Chapter 70.92 RCW, a hearing examiner shall be appointed
by the Mayor for a period of five years and subject to
confirmation by the Auburn City Council. In the event
that the appointed examiner is unable to perform the
duties as hereinafter described, for whatever reason, or
in the event of a vacancy in office, the Mayor shall
appoint an examiner pro rem who shall have the
authorities herein provided and shall serve the balance
of the hearing examiner's term.
Removal and Qualifications. The examiner or the examiner
pro tem may be removed from office by the mayor with
approval by the city council for cause, including but not
limited to malfeasance, misconduct, neglect of duties,
unexcused absence, criticism of public officials or
public employees if such criticism is injurious to the
requisite working relationship between hearing examiner
and the public official or public employee to the extent
of influencing the public perception of the objectivity
of the hearing examiner, or any other act that is
perceived as not in the best interests of the: City. The
examiner and the examiner pro rem shall be appointed
solely with regard to their qualifications for the duties
of the office which shall include, but not be limited to,
appropriate educational experience such as construction
technology and land use law, interprel~ation and
application of the Uniform Building Code and other
technical codes, and public administration[. Wherever
feasible, the Mayor shall endeavor to appoint qualified
candidates who reside in the Auburn area.
Ordinance No. 5185
Exhibit
December 14, 1998
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
o
4 o
Duties. The examiner pro tem, in the event of the
absence or inability of the examiner to act, shall have
all the duties and powers of the examiner. The examiner
shall conduct an appeal hearing as provided herein, enter
findings of fact, and conclusions of law based upon those
facts and a decision which is final action subject to
appeal as provided herein.
Conflict of Interest. The examiner shall not conduct or
participate in any hearing or decision in which the
examiner has a direct or indirect personal interest which
might exert such influence upon the examiner that might
interfere with his decision-making progress. Any actual
or potential conflict of interest shall be disclosed by
the Hearing Examiner to the parties immediately upon
discovery of such conflict. Participants in the hearing
process have the right, insofar as possible, to have the
examiner free from personal interest or pre-hearing
contacts on issues considered by him/her. It is
recognized that there is a countervailin9 public right to
free access to public officials on any matter. If such
personal or pre-hearing interest contact .impairs the
examiner's ability to act on the matter, the hearing
examiner shall state and shall abstain therefrom to the
end that the proceeding is fair and has the appearance of
fairness, unless all parties agree in writing to have the
matter heard by said examiner. If all parties do not
agree and the hearing examiner must abstain, the Mayor
shall be notified and the Mayor shall appoint a hearing
examiner pro tem to sit in the hearing examiner's stead.
Freedom from Improper Influence. No council member, City
official, or any other person shall attempt to interfere
Ordinance NO. 5185
Exhibit
December 14, 1998
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
with, or improperly influence the examiner or examiner
pro tempore in the performance of his/her designated
duties.
Duties of the Examiner - Applications and Decisions. For
cases and actions as prescribed by ordinance, the
Examiner shall receive and examine available information,
conduct public hearings, prepare a record thereof, and
enter findings of fact, conclusions based upon those
facts, and a decision. As provided herein, such decision
is final action subject to appeal as provided herein.
7. Application of Appeal and Filing Fee.
a. Form of Appeal. Any person receiving a decision or
determination made by the building official relative to the
application and interpretation of this code may appeal such
determination or decision under this code by paying the Two
Hundred Fifty Dollar ($250.00) filing fee and filing at the
office of the building official a written application of
appeal containing:
A heading in the words: "Before the Hearing
Examiner of the City of Auburn".
o
A caption reading: "Appeal of Buildin9 Official
Decision or Determination," giving the names of all
appellants participatin~ in the appeal.
A brief statement setting forth the legal interest
of each of the appellants in the building or the
land involved in the determination or decision.
4 o
A brief statement in ordinary and concise language
of the specific action protested, to~ether with any
material facts claimed to support the contentions of
the appellant.
Ordinance No. 5185
Exhibit ~A"
December 14, 1998
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
o
A brief statement in ordinary and concise language
of the relief sought and the reasons why it is
claimed the protested action should be reversed,
modified or otherwise set aside.
6 o
The signatures of all parties named as appellants
and their official mailing addresses.
7. The verification (by declaration under penalty of
perjury) of at least one appellant as to the truth
of the matters stated in the appeal.
b. The application of appeal shall be filed within 30
days from the date of the building official's determination or
decision; provided, however, that if a building or structure
is in such condition as to make it immediately dangerous to
the life, limb, property or safety of the public or adjacent
property and is ordered vacated, such application of appeal
shall be filed within 10 days from the date of the building
official's decision or determination.
8. Processing Application of Appeal. Upon receipt of any
application of appeal filed pursuant to this section together
with the Two Hundred Fifty Dollar ($250.00) filing fee, the
building official shall within two (2) working days of receipt
of an application determine whether the application is
complete. If complete, the application shall be accepted. If
not complete, the building official shall request that the
applicant provide additional information as necessary to
complete the application. The applicant shall be advised of
the date of acceptance of the application.
9. Scheduling and Noticing Appeal for Hearin9. As soon as
practicable after acceptance of the written application of
appeal, the examiner shall fix a date, time and place for the
hearing of the appeal. Such date shall be not less than 10
Ordinance No. 5185
Exhibit "A"
December 14, 1998
Page 5
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
days nor more than 90 days from the date the application of
appeal was filed with the building official. Written notice
of the time and place of the hearing shall be given at least
10 days prior to the date of the hearing to each appellant by
the examiner either by causing a copy of such notice to be
delivered to the appellant personally or by mailing a copy
thereof, postage prepaid, addressed to the appellant at his
address shown on the appeal.
10. Effect of Failure to Appeal. Failure of any person to
file an appeal in accordance with provisions of this section
shall constitute a waiver of any right to an administrative
hearing and adjudication of the building official's decisions
or determinations.
11. Scope of Hearing on Appeal. Only those
specifically raised by the appellant shall
the hearing of the appeal.
matters or issues
be considered in
12. Hearing Procedures:
a. Record. A record of the entire proceedings shall be
made by tape recording or by any other means of permanent
recording determined to be appropriate by the examiner.
b. Reportin9. The proceedings at the hearing shall
also be reported by a phonographic reporter if requested by
any party thereto. A transcript of the proceedings shall be
made available to all parties upon request and upon payment of
the fee prescribed therefor. Such fees may be established by
the examiner, but shall in no event be greater than the cost
involved.
Ordinance NO. 5185
Exhibit "A"
December 14, 1998
Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
c. Continuances.
for good cause shown.
The examiner may grant continuances
d. Oaths - Certification. In any proceedings under this
section, the examiner has the power to administer oaths and
affirmations and to certify to official acts.
e. Reasonable Dispatch. The examiner shall proceed with
reasonable dispatch to conclude any matter before it. Due
regard shall be shown for the convenience and necessity of any
parties or their representatives.
f. Notice of Hearing. The notice to appellant shall be
substantially in the following form, but may include other
information:
"You are hereby notified that a hearing will be held
before (name of hearing examiner) at on the
day of , 19__ at the hour of __., upon the notice
and order served upon you. You may be present at the hearing.
You may present any relevant evidence and will be given full
opportunity to cross-examine all witnesses testifying against
you. You may request the issuance of subpoenas to compel the
attendance of witnesses and the production of books, documents
or other things by filing an affidavit therefor with (name of
hearing examiner)."
g. Subpoenas.
1. The examiner may issue subpoenas for the
attendance of witnesses or the production of other evidence at
a hearing upon the written demand of any party. The issuance
and service of such subpoena shall be obtained upon. the filing
of an affidavit therefor which states the name and address of
Ordinance No. 5185
Exhibit ~A"
December 14, 1998
Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
the proposed witness; specifies the exact things sought to be
produced and the materiality thereof in detail to the issues
involved; and states that the witness has the desired things
in his possession or under his control. A subpoena need not
be issued when the affidavit is defective in any particular.
2. Penalties. Any person who refuses without
lawful excuse to attend any hearing or to produce material
evidence in his possession or under his control as required by
any subpoena served upon such person as provided for herein
shall be guilty of a misdemeanor and penalized as provided in
ACC 1.24.
h. Conduct of Hearing.
1. Rules. Hearings need not be conducted
according to the technical rules relating to evidence and
witnesses.
2. Oral Evidence. Oral evidence shall be taken
only on oath or affirmation.
3. Hearsay Evidence. Hearsay evidence may be used
for the purpose of supplementing or explaining any direct
evidence, but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil
actions in courts of competent jurisdiction in this state.
4. Admissibility of Evidence. Any relevant
evidence shall be admitted if it is the type of evidence on
which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
common law or statutory rule which might make improper the
admission of such evidence over objection in civil actions in
courts of competent jurisdiction in this state.
Ordinance No. 5185
Exhibit '~A"
December 14, 1998
Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
5. Exclusion of Evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
6. Rights of Parties. Each party shall have these
rights amon9 others:
(a) To call and examine witnesses on any matter
relevant to the issues of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross-examine opposin9 witnesses on any
matter relevant to the issues of the hearing;
(d) To impeach any witness regardless of which
party first called him to testify;
(e) To rebut the evidence against him;
(f) To represent himself or to be represented by
anyone of his choice who is lawfully permitted to do so.
7. Official Notice.
(a) What may be noticed. In reachin9 a decision,
official notice may be taken, either before or after
submission of the case for decision, of any fact which
may be judicially noticed by the courts of this state or
official records of departments and ordinances of the
city.
(b) Parties to be notified. Parties present at the
hearin9 shall be informed of the matters to be noticed,
and these matters shall be noted in the record, referred
to therein, or appended thereto.
(c) Opportunity to refute. Parties present at the
hearin9 shall be 9iven a reasonable opportunity, on
request, to refute the official noticed matters by
evidence or by written or oral presentation of authority,
the manner of such refutation to be determined by the
hearin9 examiner.
Ordinance No. 5185
Exhibit ~A"
Dece~er 14, 1998
Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
(d) Inspection of the premises. The hearin9
examiner may inspect any buildin9 or premises involved in
the appeal during the course of the hearing, provided
that (i) notice of such inspection shall be given to the
parties before the inspection is made, (ii) the parties
are given an opportunity to be present during the
inspection, and (iii) or the hearing examiner shall state
for the record upon completion of the inspection the
material facts observed and the conclusions drawn
therefrom. Each party then shall have a right to rebut
or explain the matters so stated by the hearing examiner.
8. Limitation of Testimony. The examiner has the
right to limit the time a witness may testify.
13. Form and Effective Date of Decision. The decision shall
be in writing and shall contain findings of fact, conclusions
of law, a determination of the issues presented, and the
requirements to be complied with. A copy of the decision shall
be delivered to the appellant personally or sent to him by
certified mail, postage prepaid, return receipt requested. The
effective date of the decision shall be as stated therein.
14. Rights Granted - Right to Appeal. Nothing in this Section
shall be construed as granting any right of judicial review
which does not previously exist in law. The decision of the
examiner or examiner pro rem shall be final and exclusive. A
writ of review must be sought in the Superior court of King
County, if at all, by an aggrieved party or person.
15. Limitations of Authority. The examiner shall have no
authority relative to interpretation of the administrative
provisions of this code or the technical codes nor shall the
examiner be empowered to waive requirements of this code or
the technical codes.
Ordinance No. 5185
Exhibit "A"
December 14, 1998
Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
15.08.030 Section 313.8.2.1 amended - Sprinkler systems.
Uniform Building Code Section 313.8.2.1 amended to read as
follows:
313.8.2.1 Sprinkler Systems. See Auburn City Code 15.38.
15.08.040 Section 516 added
waste storage.
Recyclable materials and solid
A new Section 516 and Table No. 5-F are added
5 of the Uniform Building Code to read as follows:
to Chapter
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. All 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.
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 ((~-9~)) 1997 Edit:ion of the
Uniform Fire Code, Article 11, Section 1103 ((Pivi;~icn III)).
Ordinance No. 5185
Exhibit ~A"
December 14, 1998
Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
TABLE NO. 5-F - RECYCLABLE MATERIALS AND SOLID WASTE
STORAGE AREA REQUIREMENT OCCUPANCY
AREA REQUIREMENTS
OFFICE 2 SF Per 1000 SF of Gross
Floor Area
RETAIL 5 SF Per 1000 SF of Gross
Floor Area
WHOLESALE WAREHOUSE INDUSTRIAL 3 SF Per 1000 SF of Gross
Floor Area
EDUCATIONAL INSTITUTIONAL 2 SF Per 1000 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.
15.08.050 Section 904.1.1 amended - General.
Uniform Buildin9 Code Section 904.1.1 is amended to read
as follows:
904.1.1 General. Fire extinguishin9 systems
required in this code shall be installed ii1 accordance
with the requirements of this section. See Auburn City
Code 15.38.
Fire hose threads used in connection with fire-
extinguishin~ systems shall be national standard hose
thread or as approved by the fire department.
The location of fire department hose connections
shall be approved by the fire department.
In buildings used for high-piled combustible
storage, fire protection shall be in accordance with the
Fire Code.
Ordinance NO. 5185
Exhibit "A"
Dece~er 14, 1998
Page 12