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HomeMy WebLinkAbout03/05/2024 12. Ordinance amending sections of Yakima Municipal Code Title 11 1 .4. ! a, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: March 5, 2024 ITEM TITLE: Ordinance amending sections of Yakima Municipal Code Title 11 Buildings for adoption of the 2021 Washington State Codes SUBMITTED BY: Joan Davenport, Community Development Director Glenn Denman, Code Administration Manager SUMMARY EXPLANATION: Washington State law requires cities and counties to adopt the state adopted editions of the International and Uniform Codes (most are now called the Washington State codes). The 2021 editions have been approved by the state for adoption by local jurisdictions. The City has previously adopted the 2018 editions of those codes (codes run in approximately 3 year cycles). The adoption of the 2021 codes has no connection with the International Property Maintenance Code. The proposed Ordinance adopts the 2021 editions of the applicable codes with some amendments. Fees associated with the issuance of permits under such codes have not been changed in this Ordinance. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Description Upload Date Type D Ordinance-Redline Title 11 changes 2/26/2024 D Ordinance-Clean Title 11 changes 2/26/2024 2 ORDINANCE NO. 2024- AN ORDINANCE amending certain sections of City of Yakima Municipal Code Chapter 11.04 Building Code, Chapter 11.12 Existing Building Code; Chapter 11.18 Fuel Gas Code, Chapter 11.22 Residential Code, Chapter 11.32 Mechanical Code and Chapter 11.44 Plumbing Code for adoption of the 2021 Washington State Codes WHEREAS, the International Code Council publishes the International Codes and accompanying standards for adoption by state and local jurisdictions to regulate the safe construction of buildings and building systems; and WHEREAS, the Washington Legislature has delegated the responsibility of amending and adopting the International Codes by reference (referred to herein as the Washington State codes) to the State Building Code Council; and WHEREAS, the State Building Code Council has adopted review procedures and approval criteria for local amendments, exempting from its review the administrative provisions of the codes; and WHEREAS, any jurisdiction may amend the Washington State codes provided that the amendments do not reduce the minimum performance standards of the codes; and WHEREAS, the State Building Code Act requires that each local jurisdiction enforce the Washington State codes within its jurisdiction; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to adopt the Washington State codes as amended by the State Building Code Council and as amended by the City of Yakima; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following Sections of Chapter 11.04 Building Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.04.010 City of Yakima building code. The city of Yakima hereby adopts the 20182021 Washington State Building Code, including Sections 101 through 111 of Appendix E (Supplementary Accessibility Requirements), Appendix G and Appendix J, as published by the International Code Council, Inc., as adopted and maintained by the State Building Code Council in Chapter 51-50 WAC and as modified by the amendments, additions, deletions, and exceptions provided in this chapter. Any references to the International Building Code, the building code, the Washington State Building Code, or this code shall mean the al 2021 Washington State Building Code as referred to herein. The above-referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the building code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 3 1 1 0 AAA Refund of plan review fees upon permit application withdrawal commenced by the building official or his/her designee, the applicant may submit a written refund application to the building official within thirty calendar days thereof. The building official shall then authorize a refund of eighty percent of the paid plan review fee. 11.04.111.5 Addition to Section 111. Subsection 111.5 is added as a new subsection to Section 111 of the Washington State Building Code to read as follows: 111.5 Public nuisance. It is a public nuisance to use or occupy a building or ctr ct ire or any part thereof n ithou t having been icc Berl a valid certificate of 0 0 occupancy for such building, structure or part thereof by the building official as provided herein. Such public nuisance shall be subject to prevention or abatement by injunction or other appropriate legal remedy in the Superior Court of Washington in Yakima County. 11.04.113 Amendment to Section 113. Section 113 of the Washington State Building Code is amended to read as follows: Section 113 Board of Appeals 113.1 General. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the hearing examiner, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this codc, thcrc ell he and nr t a hoard of app I The hoard of app I ell he $ eK y=-�3reai E?ar$�rr Ear$ zm�c appointed by the Yakima City Council and shall hold office at its pleasure for a term of three years. The board shall adopt rules of procedure for conducting its business, and shall rcndcr all decisions and findings in writing to the appellant with a duplicate copy to.�the.� building official. 11veLy-mitations oon-aa rite The hoary! of app�Ts all rh ear a aeciidc appctials of orders, decisions or determinations made by the building official rclativo to the application and interpretation of this code. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not apply or a better form of construction is proposed. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this node nor to waive requirements of this code. 113.3 Qualifications. The board of appctals shall consist of seven members who arc qualified by experience and training to pass on matters pertaining to building 4 constri action an`J are not employees of the ii irisdiction an`J who shall ho appointed 0 from the following areas: one architect; one engineer; one building and construction contractor; one devcloper; onc representative from the general public, onc Washington state journeyman pl amber• and one Washington state journeyman 0 mechanical contractor. The building official and/or the Fire Chief or a designee shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. 1 0 903 2 n mendment to Section 903 2 An additional automatic sprinklcr systcm cxccption is added to Scction 903.2 of the International Building Code as adopted and maintained by the State Building Code Council and shall read as follows: Additional exception: Automatic sprinkler systems shall not be required for controlled atmosphere storage rooms in which refrigeration apparatus is installed to control the temperature in the storage rooms and gas tight seals are incorporated in the construction of the rooms. In addition, gas tight s als must be used to facilitate the maintenance of an atmosphere within the storage rooms that is lower in oxygen content and higher in nitrogen and carbon dioxide content than normal atmosphere. 11.04.1605.6 Addition of Table 1605.6. Subsection 11.04.1605.6 is added as a new subsection to Section 1605 (Load Combinations) of the Washington State Building Code to read as follows: 1605.6 Climatic and Geographic Design Criteria The climatic and geographic design criteria table provided in YMC 11.22. R301.2(1) are applicable to and incorporated into this chapter as Table 1605.6. In the event that these design criteria conflict with design criteria provided elsewhere in YMC Chapter 11.04 or Chapter 16 of the International Building Code, these design criteria shall control unless the building official determines otherwise for a specific structure with special local conditions. TABLE 1605.6 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Group Subject to damage from € SEISMIC Frost Winter SNOW `", ;d `", ;d DESIGN le Desig ICE SHIELD FLOOD AIR MEAN. LOAD Speed (mph Topogra-phi CATEGOR %Ale n dept Tee i i INDERI AVMEN HAZARD FREEZIN !4 {a} ) (b) c Effects Y (c) g # e Temp T REQUIRED S G INDEX L TEMP 49 ( N.Q S SEVERE 2-4 S M 5 Ye& 1973 1000 45 For SI: 1 pound per square foot - 0.0,179 kN/m , 1 mile per hour- 1.609 km/h. a. Minimum uniform roof snow load shall be 30 psf. b. May be reduced in accordance with the International Building Code Table 1609.3.1. c. May be reduced in accordance with the International Building Code Section 1613. 6 11.04.1608.1.1 Addition of Section 1608.1.1. The Washington State Building Code is hereby amended to add 1608.1.1 as follows: 1608.1.1 General. Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, but the minimum uniform roof snow load shall be 30 psf. 11.04.1801 Amendment to Section 1801.1. Subsection 1801.1.1 is added as a new subsection to Section 1801 (Foundations) of the International Building Code as adopted and maintained by the State Building Code Council to read as follows: 1801.1.1 Foundation Exemptions for Intermodal Shipping Containers. Foundations are not required to be provided for intermodal shipping containers provided that containers: a. Are not accessed or used by the general public, e.g. people other than owners or employees of the business entity to which the containers are an accessory use; b. Are placed on an improved surface such as gravel, blacktop or concrete; c. Have not been modified from their original construction; d. Are used as S 1 or S 2 low to moderate hazard storage occupancies only, only; and e. Are accessory to an approved and permitted use. This exception applies to containers approved for use other than as temporary S-1 or S-2 storage and must comply with all other provisions of the code, including, but not limited to: permits, site plans, building areas, building occupancy and zoning. 14 0 1802 3 Addition to Section 1Qn7 Subsection 11.0'1.1802.3 is added as a new subsection to Section 1802 of the Washington State Building Code to read as follows: 1802.3 Definitions. The following words and s shall for the p ,rpo€es of this section, have the meanings shown herein. Undisturbed soil. Soil or soil profile, unaltered by removal or other man induced operation of on lot systems- is soil material and the in-situ soil mass have not been disturbed. Soil. Any uncemented or weakly cemented accumulation of matcrial particics formed by the weathering of rocks, the void space between particles containing water and/or air. In situ. Soil in the natural or original position. 7 Soil compaction. The process of increasing thc dcncity of a soil by packing thc particles closer togethcr with a rcduction in thc volumc of air. The highcr thc dcgrcc of compaction, the highcr will bc thc chctiar ctrcngth and lowcr will bc thc compressibility of the soil. 11.04.3303.1 Amendment to Section 3303.1. Section 3303 'I of the 2015 Edition of the International Building Code as adopted and maintained by the State Building Code Council is amended to read as follows: 3303.1 Construction documents. Construction documents and a schedule for demolition must be submitted when required by the building official. Where such information is required, no work shall be done until such construction documents or schedule, or both, are approved. Section 2. The following sections of Chapter 11.12 Existing Building Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.12.010 City of Yakima existing building code. The city of Yakima hereby adopts the 20182021 Edition of the Washington State Existing Building Code, as published by the International Code Council, Inc., and as adopted and maintained by the State Building Code Council in Chapter :" WAC as the existing building code for the City of Yakima. 11.12.112 Amendment to Section 112 Board of Appeals. The board of appealshearinq examiner, as outlined in YMC , shall be the board of appeals for this chapter. Section 3. The following sections of Chapter 11.18 Fuel Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.18.010 City fuel gas code. The fuel gas code of the city of Yakima shall be comprised of the 20182021 Edition of the International Fuel Gas Code, as published by the International Code Council, Inc., and as adopted and maintained by the State Building Code Council in WAC 51-52-21000. The above-referenced text is incorporated in this chapter by reference. One or more copies of the text that comprises the fuel gas code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 11.18.109 Amendment to Section 109 Board of Appeals. The board of appcalshearinq examiner, as outlined in YMC 11.04.113, shall be the board of appeals for this chapter. Section 4. The following sections of Chapter 11.22 Residential Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.22.010 City residential code. The city of Yakima hereby adopts the 20182021 Washington State Residential Code, including Appendix Q (Tiny Homes), as published by the International Code Council, Inc., as adopted and 8 maintained by the State Building Code Council in Chapter WAC and as modified by the amendments, additions, deletions, and exceptions provided in this chapter. Any references to the International Residential Code, the residential code, the Washington State Residential Code, or"this code" shall mean the 20182021 Washington State Residential Code as referred to herein. The above-referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the residential code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 11.22.112 Board of appeals. The board of appcalshearinq examiner, as outlined in YMC 11.04.113, shall be the board of appeals for this chapter. 11.22.R301.2(1) Amendment to Table R301.2(1). Table R301.2(1) of the International Residential Code as adopted and maintained by the State Building Code Council is amended to read as follows: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Subject to damage from Snow Wind Seismic Frost Winter Ice Shield Air Mean Load Wind Topographic Design line Design Underlayment Flood Freezing Annual (a) Speed (mph)Effects Category Weathering depth Termite Temp Required Hazards Index Temp 191 l 85 NO C SEVERE 24 S—M 8 Yes 1973 1000 45 For SI: 1 pound per square foot = 0.0479 kN/m2, 1 mile per hour= 1.609 km/h. a Minimum uniform roof snow load shall be 20 psf up to elevations of 1166 feet. Elevations above 1166 feet shall be minimum 25 psf. a-b. Case specific analysis may be utilized in lieu of prescriptive loads for elevations above 1166 feet. 10 Section 5. The following sections of Chapter 11.32 Mechanical Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.32.010 City mechanical code. The city of Yakima hereby adopts the 20182021 Washington State Mechanical Code, as published by the International Code Council, Inc., as adopted and maintained by the State Building Code Council in Chapter 51-52 WAC and as modified by the amendments, additions, deletions, and exceptions provided in this chapter. Any references to the International Mechanical Code, the mechanical code, the Washington State Mechanical Code, or"this code" shall mean the 244g2021 Washington State Mechanical Code as referred to herein. The above-referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the mechanical code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 11.32.109 Amendment to Section 109. The board of appcalshearinq examiner, as outlined in YMC 11.04.113, shall be the board of appeals for this chapter. Section 6. The following sections of Chapter 11.44 Plumbing Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.44.010 Adoption of Uniform Plumbing Code. The Uniform Plumbing Code, 20182021 Edition, of the International Association of Plumbing and Mechanical Officials, excluding Chapter 12, but including IAPMO installation standards and appendices thereto, consisting of Appendix A, "Rules for Sizing the Water Systems," Appendix B, "Combination Waste and Vent Systems," and Appendix I, "Installation Standards," of which one or more copies each have been filed and are now on file in the office of the code administration manager of the city of Yakima, is adopted and incorporated as fully as if set out in full herein, as the plumbing code of the city of Yakima, except as hereinafter amended, and the provisions and regulations thereof are adopted as the provisions and regulations of the city of Yakima; and several sections or numbers therein shall constitute, and may be referred to as, the numbers of this chapter. The above-referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the plumbing code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 11.44.040 Amendment to Part 1—Administration. Part 1, Administration, of the Uniform Plumbing Code, as applied to the city of Yakima, is amended to read as follows: 10.1. Title. This ordinance shall be known as the "Uniform Plumbing Code" and will be referred to as "this Code" herein. 10.2. Purpose. This code is an ordinance providing minimum requirements and standards for the protection of the public health, safety and welfare. Enforcement and adoption of this Code shall not be construed for the particular benefit of any individual person or group of persons, other than the general public. In the event of a conflict between the intent of this subsection and any other section herein, this subsection shall govern insofar as applicable. 11 10.3. Scope. (a) Moved Buildings. Plumbing systems which are a part of buildings or structures moved into this jurisdiction shall comply with the provisions of this Code for new installations. 10.4. Authority to Abate (a) Any portion of a plumbing system found by the Administrative Authority to be insanitary, as defined herein, is hereby declared to be a nuisance. (b) Where a nuisance exists or a plumbing system is maintained in violation of this Code or any notice issued pursuant to this section, the Administrative Authority shall require the nuisance or violation to be abated and, where necessary, shall seek such abatement in the manner provided by law. 20.1 Administrative Authority. Whenever the term "Administrative Authority" is used in this Code, it shall mean the Code Administrative Manager or his authorized representative. 20.2 Duties and Powers of Administrative Authority. (a) The Administrative Authority may appoint such assistants, deputies, inspectors, or other employees as are necessary to carry out the functions of the department and this Code. (b) Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the Administrative Authority or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition or violation of this Code which make the building or premises unsafe, insanitary, dangerous or hazardous, the Administrative Authority or his or her authorized representative may enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the Administrative Authority by this Code, provided that if such building or premises is occupied, heAdministrative Authority shall present credentials to the occupant and request entry. If such building or premises is unoccupied, he shall first make a reasonable effort shall first be made to locate the owner or the other person having charge or control of the building or premises and request entry. If entry is refused, the Administrative Authority or his or her authorized representative has recourse to every remedy provided by law to secure entry. When the Administrative Authority or his or her authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or person having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry herein by the Administrative Authority or his or her authorized representative for the purpose of inspection and examination pursuant to this code. (c) Stop Orders. Whenever any work being done contrary to the provisions of this Code, the Administrative Authority may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and 12 any such persons shall forthwith stop work until authorized by the Administrative Authority to proceed with the work. (d) Authority to Disconnect Utilities in Emergencies. The Administrative Authority and his or her authorized representative shall have the authority to disconnect a plumbing system to a building, structure or equipment regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. (e) Authority to Condemn. Whenever the Administrative Authority ascertains that any plumbing system or portion thereof, regulated by this Code, has become hazardous to life, health, property, or has become insanitary, 1 ethe Administrative Authority shall order in writing that such plumbing either be removed or placed in a safe or sanitary condition, as appropriate. The order shall fix a reasonable time limit for compliance. No person shall use or maintain defective plumbing after receiving such notice. When such plumbing system is to be disconnected, written notice shall be given. In cases of immediate danger to life or property, such disconnection may be made immediately without such notice. (f) Liability. The Administrative Authority or his or her authorized representative, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of duties, shall not thereby render himself personally liable for any damage that may accrue to the persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. A suit brought against the Administrative Authority or employee because of such act or omission performed by him in the enforcement of any provision of this Code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings. 20.3 Violation and Penalties. (a) Any person, firm or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $250.00, or by imprisonment in the jail facility for the City of Yakima not to exceed 90 days, or by both such fine and imprisonment. Each separate day or any portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful. (b) The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or any other ordinance or from revoking any Certificate of Approval when issued in error. (c) Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void if the work authorized by 13 such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall first be obtained to do so. (d) The City Council shall adopt by resolution a schedule of fees for plumbing permits and plan review. 11.44.120 Board of appeals. In order to determine the suitability of alternate materials and methods of construction and to provide reasonable interpretations of the provisions of this code, the board of appcalshearinq examiner as set forth in YMC 11.04.113 shall also serve as the board of appeals for this code. Section 7. The following sections are hereby repealed: 11.04.040 11.04.111.5 11.04.903.2 11.04.1608.1.1 11.04.1802.3 11.04.3303.1 Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 9. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 5th day of March, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 14 ORDINANCE NO. 2024- AN ORDINANCE amending certain sections of City of Yakima Municipal Code Chapter 11.04 Building Code, Chapter 11.12 Existing Building Code; Chapter 11.18 Fuel Gas Code, Chapter 11.22 Residential Code, Chapter 11.32 Mechanical Code and Chapter 11.44 Plumbing Code for adoption of the 2021 Washington State Codes WHEREAS, the International Code Council publishes the International Codes and accompanying standards for adoption by state and local jurisdictions to regulate the safe construction of buildings and building systems; and WHEREAS, the Washington Legislature has delegated the responsibility of amending and adopting the International Codes by reference (referred to herein as the Washington State codes) to the State Building Code Council; and WHEREAS, the State Building Code Council has adopted review procedures and approval criteria for local amendments, exempting from its review the administrative provisions of the codes; and WHEREAS, any jurisdiction may amend the Washington State codes provided that the amendments do not reduce the minimum performance standards of the codes; and WHEREAS, the State Building Code Act requires that each local jurisdiction enforce the Washington State codes within its jurisdiction; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to adopt the Washington State codes as amended by the State Building Code Council and as amended by the City of Yakima; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following Sections of Chapter 11.04 Building Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.04.010 City of Yakima building code. The city of Yakima hereby adopts the 2021 Washington State Building Code, including Sections 101 through 111 of Appendix E (Supplementary Accessibility Requirements), Appendix G and Appendix J, as published by the International Code Council, Inc., as adopted and maintained by the State Building Code Council in Chapter 51-50 WAC and as modified by the amendments, additions, deletions, and exceptions provided in this chapter. Any references to the International Building Code, the building code, the Washington State Building Code, or this code shall mean the 2021 Washington State Building Code as referred to herein. The above-referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the building code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 15 11.04.113 Amendment to Section 113. Section 113 of the Washington State Building Code is amended to read as follows: Section 113 Board of Appeals 113.1 General. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the hearing examiner, provided that a written application for appeal is filed within 20 days after the day of the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 11.04.1605.6 Addition of Table 1605.6. Subsection 11.04.1605.6 is added as a new subsection to Section 1605 (Load Combinations) of the Washington State Building Code to read as follows: 1605.6 Climatic and Geographic Design Criteria The climatic and geographic design criteria table provided in YMC 11.22. R301.2(1) are applicable to and incorporated into this chapter as Table 1605.6. In the event that these design criteria conflict with design criteria provided elsewhere in YMC Chapter 11.04 or Chapter 16 of the International Building Code, these design criteria shall control unless the building official determines otherwise for a specific structure with special local conditions. 11.04.1801 Amendment to Section 1801.1. Subsection 1801.1.1 is added as a new subsection to Section 1801 (Foundations) of the International Building Code as adopted and maintained by the State Building Code Council to read as follows: 1801.1.1 Foundation Exemptions for Intermodal Shipping Containers. Foundations are not required to be provided for intermodal shipping containers provided that containers: a. Are not accessed or used by the general public, e.g. people other than owners or employees of the business entity to which the containers are an accessory use; b. Are placed on an improved surface such as gravel, blacktop or concrete; c. Have not been modified from their original construction; d. Are used as storage occupancies only,; and e. Are accessory to an approved and permitted use. This exception applies to containers approved for use other than as temporary S-1 or S-2 storage and must comply with all other provisions of the code, including, but not limited to: permits, site plans, building areas, building occupancy and zoning. 16 Section 2. The following sections of Chapter 11.12 Existing Building Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.12.010 City of Yakima existing building code. The city of Yakima hereby adopts the 2021 Edition of the Washington State Existing Building Code, as published by the International Code Council, Inc., and as adopted and maintained by the State Building Code Council in Chapter 51-50 WAC as the existing building code for the City of Yakima. 11.12.112 Amendment to Section 112 Board of Appeals. The hearing examiner, as outlined in YMC 11.04.113, shall be the board of appeals for this chapter. Section 3. The following sections of Chapter 11.18 Fuel Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.18.010 City fuel gas code. The fuel gas code of the city of Yakima shall be comprised of the 2021 Edition of the International Fuel Gas Code, as published by the International Code Council, Inc., and as adopted and maintained by the State Building Code Council in WAC 51-52-21000. The above-referenced text is incorporated in this chapter by reference. One or more copies of the text that comprises the fuel gas code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 11.18.109 Amendment to Section 109 Board of Appeals. The hearing examiner, as outlined in YMC 11.04.113, shall be the board of appeals for this chapter. Section 4. The following sections of Chapter 11.22 Residential Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.22.010 City residential code. The city of Yakima hereby adopts the 2021 Washington State Residential Code, including Appendix Q (Tiny Homes), as published by the International Code Council, Inc., as adopted and maintained by the State Building Code Council in Chapter 51-51 WAC and as modified by the amendments, additions, deletions, and exceptions provided in this chapter. Any references to the International Residential Code, the residential code, the Washington State Residential Code, or"this code" shall mean the 2021 Washington State Residential Code as referred to herein. The above-referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the residential code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 11.22.112 Board of appeals. The hearing examiner, as outlined in YMC 11.04.113, shall be the board of appeals for this chapter. 11.22.R301.2(1) Amendment to Table R301.2(1). Table R301.2(1) of the International Residential Code as adopted and maintained by the State Building Code Council is amended to read as follows: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Subject to damage from Ground Wind Wind Seismic Frost Winter Ice Shield Air Mean Snow Speed Topographic Design line Design Underlayment Flood Freezing Annual Load (a) (mph) Effects Category Weathering depth Termite Temp Required Hazards Index Temp 19 (b) 85 NO C SEVERE 24 S—M 8 Yes 1973 1000 45 For SI: 1 pound per square foot = 0.0479 kN/m2, 1 mile per hour= 1.609 km/h. a. Minimum uniform roof snow load shall be 20 psf up to elevations of 1166 feet. Elevations above 1166 feet shall be minimum 25 psf. b. Case specific analysis may be utilized in lieu of prescriptive loads for elevations above 1166 feet. 18 Section 5. The following sections of Chapter 11.32 Mechanical Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.32.010 City mechanical code. The city of Yakima hereby adopts the 2021 Washington State Mechanical Code, as published by the International Code Council, Inc., as adopted and maintained by the State Building Code Council in Chapter 51-52 WAC and as modified by the amendments, additions, deletions, and exceptions provided in this chapter. Any references to the International Mechanical Code, the mechanical code, the Washington State Mechanical Code, or"this code" shall mean the 2021 Washington State Mechanical Code as referred to herein. The above-referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the mechanical code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 11.32.109 Amendment to Section 109. The hearing examiner, as outlined in YMC 11.04.113, shall be the board of appeals for this chapter. Section 6. The following sections of Chapter 11.44 Plumbing Code of the City of Yakima Municipal Code are hereby revised to read as follows: 11.44.010 Adoption of Uniform Plumbing Code. The Uniform Plumbing Code, 2021 Edition, of the International Association of Plumbing and Mechanical Officials, excluding Chapter 12, but including IAPMO installation standards and appendices thereto, consisting of Appendix A, "Rules for Sizing the Water Systems," Appendix B, "Combination Waste and Vent Systems," and Appendix I, "Installation Standards," of which one or more copies each have been filed and are now on file in the office of the code administration manager of the city of Yakima, is adopted and incorporated as fully as if set out in full herein, as the plumbing code of the city of Yakima, except as hereinafter amended, and the provisions and regulations thereof are adopted as the provisions and regulations of the city of Yakima; and several sections or numbers therein shall constitute, and may be referred to as, the numbers of this chapter. The above-referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the plumbing code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. 11.44.040 Amendment to Part 1—Administration. Part 1, Administration, of the Uniform Plumbing Code, as applied to the city of Yakima, is amended to read as follows: 10.1. Title. This ordinance shall be known as the "Uniform Plumbing Code" and will be referred to as "this Code" herein. 10.2. Purpose. This code is an ordinance providing minimum requirements and standards for the protection of the public health, safety and welfare. Enforcement and adoption of this Code shall not be construed for the particular benefit of any individual person or group of persons, other than the general public. In the event of a 19 conflict between the intent of this subsection and any other section herein, this subsection shall govern insofar as applicable. 10.3. Scope. (a) Moved Buildings. Plumbing systems which are a part of buildings or structures moved into this jurisdiction shall comply with the provisions of this Code for new installations. 10.4. Authority to Abate (a) Any portion of a plumbing system found by the Administrative Authority to be insanitary, as defined herein, is hereby declared to be a nuisance. (b) Where a nuisance exists or a plumbing system is maintained in violation of this Code or any notice issued pursuant to this section, the Administrative Authority shall require the nuisance or violation to be abated and, where necessary, shall seek such abatement in the manner provided by law. 20.1 Administrative Authority. Whenever the term "Administrative Authority" is used in this Code, it shall mean the Code Administrative Manager or his authorized representative. 20.2 Duties and Powers of Administrative Authority. (a) The Administrative Authority may appoint such assistants, deputies, inspectors, or other employees as are necessary to carry out the functions of the department and this Code. (b) Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the Administrative Authority or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition or violation of this Code which make the building or premises unsafe, insanitary, dangerous or hazardous, the Administrative Authority or his or her authorized representative may enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the Administrative Authority by this Code, provided that if such building or premises is occupied, Administrative Authority shall present credentials to the occupant and request entry. If such building or premises is unoccupied, reasonable effort shall first be made to locate the owner or the other person having charge or control of the building or premises and request entry. If entry is refused, the Administrative Authority or his or her authorized representative has recourse to every remedy provided by law to secure entry. When the Administrative Authority or his or her authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or person having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry herein by the Administrative Authority or his or her authorized representative for the purpose of inspection and examination pursuant to this code. 20 (c) Stop Orders. Whenever any work being done contrary to the provisions of this Code, the Administrative Authority may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop work until authorized by the Administrative Authority to proceed with the work. (d) Authority to Disconnect Utilities in Emergencies. The Administrative Authority and his or her authorized representative shall have the authority to disconnect a plumbing system to a building, structure or equipment regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. (e) Authority to Condemn. Whenever the Administrative Authority ascertains that any plumbing system or portion thereof, regulated by this Code, has become hazardous to life, health, property, or has become insanitary, the Administrative Authority shall order in writing that such plumbing either be removed or placed in a safe or sanitary condition, as appropriate. The order shall fix a reasonable time limit for compliance. No person shall use or maintain defective plumbing after receiving such notice. When such plumbing system is to be disconnected, written notice shall be given. In cases of immediate danger to life or property, such disconnection may be made immediately without such notice. (f) Liability. The Administrative Authority or his or her authorized representative, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of duties, shall not thereby render himself personally liable for any damage that may accrue to the persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. A suit brought against the Administrative Authority or employee because of such act or omission performed by him in the enforcement of any provision of this Code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings. 20.3 Violation and Penalties. (a) Any person, firm or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $250.00, or by imprisonment in the jail facility for the City of Yakima not to exceed 90 days, or by both such fine and imprisonment. Each separate day or any portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful. (b) The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or any other ordinance or from revoking any Certificate of Approval when issued in error. (c) Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void if the work authorized by 21 such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall first be obtained to do so. (d) The City Council shall adopt by resolution a schedule of fees for plumbing permits and plan review. 11.44.120 Board of appeals. In order to determine the suitability of alternate materials and methods of construction and to provide reasonable interpretations of the provisions of this code, the hearing examiner as set forth in YMC 11.04.113 shall also serve as the board of appeals for this code. Section 7. The following sections are hereby repealed: 11.04.040 11.04.111.5 11.04.903.2 11.04.1608.1.1 11.04.1802.3 11.04.3303.1 Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 9. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 5th day of March, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: