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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