HomeMy WebLinkAbout2024-008 Ordinance amending sections of Yakima Municipal Code Title 11 Buildings for adoption of the 2021 Washington State Codes ORDINANCE NO. 2024-008
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.
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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.
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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.
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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.
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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
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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.
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(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.
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(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
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, ayor
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SEAL 14.1
'Rosalinda lbarra, City Clerk
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Publication Date: March 9, 2024
Effective Date: April 8, 2024
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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