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01/05/2021 04L Building Codes; Amending YMC Ch 11.04, 11.18, 11.22, 11.32, 11.44, and 10.05; YMC Addition Chp 11.12B US INE S S O F T HE C I T Y C O UNC I L YAK I M A, WAS HING T O N AG E ND A S TAT E M E NT I tem No. 4.L . For Meeting of: J anuary 5, 2021 I T E M T IT L E :Ordinance adopting the 2018 editions of our S tate mandated codes; I nternational Building Code, Residential Code, E nergy Code, E xisting B uilding Code, F ire Code, Mechanical Code, Fuel Gas Code, and Uniform Plumbing Code, amending Chapters 11.04, 11.18, 11.22, 11.32, 11.44, and 10.05 and adding Chapter 11.12 (Existing Building Code). S UB M IT T E D B Y:J oan Davenport, Community Development Director Glenn Denman, Code A dministration Manager (509) 575-6268 S UM M ARY E X P L ANAT I O N: Washington State law requires cities and counties to adopt the state adopted editions of the I nternational and Uniform Codes (most are now called the Washington S tate codes). T he 2018 editions have been approved by the state for adoption by local jurisdictions. T he City has previously adopted the 2015 editions of those codes. T he E xisting B uilding Code (proposed as 11.12) was previously an accompanying code to the building code, but is now a standalone code. T he E xisting B uilding Code has nothing to do with property maintenance, and is not connected with the I nternational P roperty Maintenance Code. The proposed Ordinance adopts the 2018 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. I T E M B UD G E T E D:NA S T RAT E G I C P RI O RI T Y:Neighborhood and Community B uilding AP P RO V E D F O R S UB M IT TAL B Y T HE C IT Y M ANAG E R RE C O M M E ND AT I O N: P ass Ordinance AT TAC HM E NT S : Description Upload Date Type 1 Ordinance_adoption 2018 code editions 12/21/2020 Ordinance Redline pdf_adoption 2018 code editions 12/21/2020 Backup Material 2 1 ORDINANCE NO. 2021- AN ORDINANCE amending certain sections of City of Yakima Municipal Code Chapter 10.05 Fire Code, Chapter 11.04 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 2018 International Codes; and adding a new Chapter 11.12 entitled City of Yakima Existing building code 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 10.05 Fire Code of the City of Yakima Municipal Code are hereby revised to read as follows: 10.05.010 Adoption of codes. The City of Yakima hereby adopts the 2018 Washington State Fire Code, including Sections 503.1, 503.2 and Appendices B, C, and Sections D105.1, D105.2, D105.3, D106 and D107 of Appendix D therein, as published by the International Code Council, Inc., as adopted and maintained by the State Building Code Council in Chapter 51-54A WAC and as modified by the amendments, additions, deletions, and exceptions provided in this chapter. Any references to the International Fire Code, the fire code, the Washington State Fire Code, or this code shall mean the 2018 Washington State Fire 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 fire code of the city of Yakima shall be maintained on file in the 3 2 office of the code administration manager of the city of Yakima. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 3394 § 1, 1991: Ord. 3147 § 1, 1988: Ord. 2898 § 1, 1985: Ord. 2669 § 1, 1983: Ord. 2462 § 1, 1980: Ord. 2171 § 1, 1978: Ord. 1764 § 1, 1975: Ord. 1109 § 1, 1969: Ord. 1027 § 1, 1968). 10.05.020 Fireworks. The manufacture, storage, handling, sale and use of fireworks shall be governed by Chapter 10.15 of the Yakima Municipal Code (YMC), Chapter 70.77 RCW and by Chapter 212- 17 WAC. To the extent any provision of Chapter 33 of the Washington State Fire Code is inconsistent with Chapter 10.15 YMC, Chapter 70.77 RCW or Chapter 212-17 WAC, the provisions of Chapter 10.15 YMC, Chapter 70.77 RCW and Chapter 212-17 WAC shall control. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 3394 § 2, 1991: Ord. 3147 § 2, 1988: Ord. 2898 § 2, 1985: Ord. 2669 § 2, 1983: Ord. 2462 § 2, 1980: Ord. 2354 § 4, 1979: Ord. 2171 § 2, 1978: Ord. 1764 § 2, 1975: Ord. 1109 § 2, 1969: Ord. 1027 § 2, 1968). 10.05.025 Amendments to the International Fire Code. A. Section 103 of the Washington State Fire Code, is amended to read as follows: SECTION 103 RESPONSIBILITY FOR ENFORCEMENT 103.1 General. The following officers are designated as fire code officials, as that term is applied throughout this code, with the duties described herein. 103.2 Administration and Enforcement—Code Administration Manager. Subject to the availability of sufficient budgeted funds and/or personnel, the Director of Community Development and the Code Administration Manager shall be responsible for the administration and enforcement of this code. Under his or her direction, the Division of Code Administration shall enforce all ordinances of the jurisdiction pertaining to: 1. The prevention of fires. 2. The storage, use and handling of hazardous materials. 3. The installation and maintenance of automatic, manual, and other private fire alarm systems and fire-extinguishing equipment. 4. The maintenance and regulation of fire escapes. 4 3 5. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property including those under construction. 6. The maintenance of exits. 7. Adoption and enforcement 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 section and any other section herein, this section shall govern insofar as applicable. 103.3 Administration and Enforcement—Fire Chief. The Chief of the Fire Department shall be responsible for the administration and enforcement of all ordinances of the jurisdiction pertaining to: 1. The suppression or extinguishing of dangerous or hazardous fires. 2. The investigation of the cause, origin and circumstances of fires and unauthorized releases of hazardous materials. 3. Annual inspections of existing buildings after which a Certificate of Occupancy has been issued. B. Section 104, “General,” of the Washington State Fire Code, is amended to add Section 104.1.1, “Rules and Regulations,” to read as follows: 104.1.1 Rules and Regulations. The Director of Community Development, or person designated by the Director, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this code. Three certified copies of such rules and regulations shall be filed with the Yakima City Clerk and shall be in effect immediately thereafter and additional copies shall be kept in the Office of Code Administration for distribution to the public. C. Section 104, “General,” of the Washington State Fire Code, is hereby amended to add Section 104.1.2, “Authority of Fire Code Officials to Exercise Powers of Police Officers,” to read as follows: 104.1.2. Authority of Fire Code Officials to Exercise Powers of Police Officers. The Chief of the Fire Department and Director of Community Development, together with their respective authorized representatives, shall have the powers of a police officer in performing their respective duties under this code. 5 4 D. Section 104, “General,” of the Washington State Fire Code, is hereby amended to add Section 104.1.3, “Authority and Duty of Police Personnel to Assist in Enforcing this Code,” to read as follows: 104.1.3. Authority and Duty of Police Personnel to Assist in Enforcing this Code. Whenever requested to do so by the Chief of the Fire Department or the Director of Community Development or one of their authorized representatives, the Chief of Police shall assign such available police officers as in his discretion may be necessary to assist the Fire Department or Office of Code Administration in enforcing the provisions of this Code. E. Section 107.1, “Inspection authority,” of the Washington State Fire Code, is hereby amended to read as follows: 107.1 Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code. Subject to the availability of sufficient budgeted funds and/or personnel, the Code Administration Manager or his authorized representatives may inspect, as often as may be practicable, all buildings and premises, including such other hazards or appliances, as the Code Administration Manager or his authorized representatives may designate for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this Code and of any other law or standard affecting fire safety. F. Section 110.1.1, “Unsafe conditions,” of the Washington State Fire Code, is hereby amended to read as follows: 110.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapters 4 through 9 of the Uniform Code for the Abatement of Dangerous Buildings or by any other procedures provided by law. 6 5 G. Section 104.10, “Fire investigations,” of the Washington State Fire Code, is hereby amended to read as follows: 104.10 Fire investigations. The Fire Chief, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall be subject to the procedures and provisions of the Public Records Act, Chapter 42.56 RCW. The Fire Department shall investigate promptly the cause, origin and circumstances of each and every fire occurring in the municipality involving loss of life or injury to person or destruction or damage to property, and if it appears to the Chief of the Fire Department or his authorized representatives making the investigation that such fire is of suspicious origin, he shall then take immediate charge of all physical evidence relating to the cause of the fire and shall pursue the investigation to its conclusion. The Chief of the Fire Department or his authorized representatives shall make a report in writing of all facts and findings relative to each investigation. The Police Department shall assist the Fire Department in its investigations whenever requested to do so, unless otherwise directed by the Chief of Police. H. Section 104.3, “Right of entry,” of the Washington State Fire Code, is hereby amended to read as follows: 104.3 Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or any rules and regulations adopted hereunder, or whenever the Code Administration Manager or any of his authorized representatives has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this code which makes such building or premises unsafe, the Code Administration Manager or any of his authorized representatives may enter such building or premises at all reasonable times to inspect; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Code Administration Manager or any of his authorized representatives shall have recourse to every remedy provided by law to secure entry. “Authorized representative” shall include the officers named in Section 104.1.2 and 104.1.3 of this code. If the owner or occupant denies entry, the chief or his authorized representative shall obtain a proper inspection warrant or other remedy provided by law to secure entry. No owner or occupant or any other persons 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 therein by the chief or his authorized representative for the purpose of inspection and examination pursuant to this code. 7 6 I. Section 109.3, “Violation penalties,” of the Washington State Fire Code, is hereby amended to read as follows: 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. J. Section 109, “Board of Appeals,” of the Washington State Fire Code, is hereby amended to read as follows: Board of appeals. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and hereby is created a Board of Appeals. The Code Administration Manager shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter. K. Section 105.2, “Application,” of the Washington State Fire Code, is hereby amended to read as follows: 105.2 Application. All applications for a permit required by this Code shall be made to the Office of Code Administration, the applicable fire code official, in such form and detail as prescribed by the Code Administration Manager. Applications for permits shall be accompanied by such plans as required by the Code Administration Manager. 10.05.030 Permits, certificates, fees. The director of community development, code administration manager, or his or her authorized representative is authorized and empowered to issue permits and certificates of approval as required by this code. Any fees required by local or state law in the enforcement of this code shall be paid to the Director of Finance of the city. Any permit required by this code shall be issued to the recipient on a permanent basis other than those which require renewal on an annual basis. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 6, 1979: Ord. 2182 § 1, 1978: Ord. 1027 § 3, 1968). 10.05.050 Regulation of alarm gongs and chimes. 8 7 Every alarm system shall be installed in compliance with the electrical code of the city of Yakima, and the state of Washington. The person in charge of any building where a fire alarm system is required shall test the system at least once every two weeks to ascertain whether or not the system is in working order, and shall immediately correct any defect that might be found. It shall be the duty of any employee in a building to see that the fire alarm system is operated immediately after the discovery of fire in the building. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 7, 1979: Ord. 1109 § 3, 1969: Ord. 1027 § 5, 1968). 10.05.075 Operation of tank vehicles. There is added to Section 5706 of the Washington State Fire Code, the following subsections: 5706.1.2. Routes—Duty of City Engineer—Deviation. (a) Except as hereinafter provided, any tank vehicles for carriage of flammable liquids, whether loaded or unloaded, desiring to use the streets of the City of Yakima shall follow only the gasoline routes as designated on the gasoline route map on file in the office of the City Clerk. Such tank vehicles may deviate from said established gasoline routes only at the street intersection leading directly to the bulk plant or terminal or motor vehicle fuel dispensing station where such bulk plant or terminal or motor vehicle fuel dispensing station is not located on such routes and cannot be reached by traveling thereon. Provided, however that such tank vehicles may deviate from the established gasoline routes where necessary to do so for the purpose of being serviced or repaired at a service or repair garage when any such garage is not located on and cannot be reached by traveling on said routes. Such deviation shall be made only at the street intersection leading directly to any such approved garage. (b) The City Engineer, with the consent and approval of the Code Administration Manager, is hereby directed to erect and maintain at all times proper signs within the City of Yakima directing the routes for tank vehicles for the carriage of flammable liquids. Such routes may be changed from time to time by the City Engineer, with the consent and approval of the Code Administration Manager, and such changes shall be effective when the same are noted upon the gasoline route map on file in the office of the City Clerk and when such routes are properly marked by signs to plainly indicate said changed routes. (c) In the case of any emergency or necessity requiring a deviation from said gasoline routes now provided for herein or for stopping or parking upon said routes in violation of this title, the owner or operator of any such tank vehicle shall immediately notify, and request instructions from, the Code Administration Manager or any authorized assistant, and shall explicitly carry out any such instructions received. 9 8 (d) Delivery of flammable liquids on certain streets prohibited. No tank vehicle shall travel along Yakima Avenue or along the first northerly alley or along the first southerly alley immediately adjacent to and running parallel with the said Yakima Avenue between Naches Avenue and 6th Avenue for the purpose of making gasoline deliveries, except only insofar as it shall be necessary for said tank vehicles to proceed on Yakima Avenue or on said alleys from the nearest intersecting street thereto. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 93-65 § 2, 1993: Ord. 2354 § 9, 1979: Ord. 1764 § 6, 1975: Ord. 1077 § 1, 1968). 10.05.080 Establishment of limits in which storage of flammable liquids in outside aboveground tanks is to be prohibited. The limits in the Washington State Fire Code, in which bulk plant storage of flammable liquids in outside aboveground tanks is prohibited, are established as follows: first fire zone and third fire zone. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 93-65 § 3, 1993: Ord. 1764 § 7, 1975: Ord. 1109 § 5, 1969: Ord. 1027 § 8, 1968). 10.05.085 Establishment of clarification to the Washington State Fire Code Chapter 34 related to the storage of tires. Unless the provisions of Chapter 34 of the Washington State Fire Code are met, all outdoor tire storage shall be such that tires are stored vertically on the tread side, and on approved, noncombustible, tire storage racks with a depth of not more than one tire diameter of the largest tire stored. Where such racks are utilized, the separation distance from lot lines and structures to tires, and from tire to tire in successive aisles created by said storage may be reduced to three feet where all tire storage is maintained at a maximum height of six feet as measured to the top of the tires. Where rack storage of tires is higher than six feet and maximum ten feet in height, all tire storage shall require a minimum of ten feet from property lines and structures, and shall be approved. Laced and barrel stacking of tires shall not be permitted. Any intermodal containers utilized for the storage of tires shall be approved. (Ord. 2016-011 § 1 (Exh. A) (part), 2016). 10.05.120 Wood box and tote bin storage. (1) All empty wood boxes and tote bins, when piled north, northwest or northeast or west of a frame building or frame platform, shall be not less than fifty feet therefrom and such piles shall not exceed twenty feet in width, fifty feet in length, twelve feet to the eaves, and eighteen feet to the gable thereof. (2) All empty wood boxes and tote bins, when piled to the south, southwest, southeast or east of a frame building or frame platform, shall be not less than thirty feet therefrom and such piles shall not exceed twenty-five feet in width, fifty feet in length, fourteen feet to the eaves, and twenty feet to the gable thereof. (3) All empty wood boxes and tote bins, when piled to the north, northwest or northeast or west of a brick, tile, stone or concrete building, shall be not less than thirty feet 10 9 therefrom and such piles shall not exceed twenty-five feet in width, sixty feet in length, sixteen feet to the eaves, and twenty feet to the gable thereof. (4) All empty wood boxes and tote bins, when piled to the south, southwest, southeast or east of a brick, tile, stone or concrete building, shall be not less than twenty feet therefrom and such piles shall not exceed thirty feet in width, sixty feet in length, sixteen feet to the eaves and twenty-four feet to the gable thereof. (5) All empty tote bins may be piled flat on the top of the pile without a gable. The pile shall not exceed thirty-five feet in width, sixty feet in length, and twenty-five feet in height. (6) The length, height and width of any specific box or tote bin pile may be increased upon written approval of the chief of code administration. (7) All piles of empty wood boxes and tote bins shall be so arranged that alleys of not less than twelve feet shall surround each pile and the ground around the piles shall be kept free of weeds to a distance of at least six feet from the piles. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2354 § 11, 1979; Ord. 1109 § 7, 1969: Ord. 1027 § 12, 1968). Section 2. 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 2018 Washington State Building Code, including Sections 101-111 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 2018 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. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2005-06 § 2, 2005: Ord. 2001-24 § 2, 2001). 11.04.105 Work exempt from permit. Subsection 105.2 (Building) of the Washington State Building Code is amended to read as follows: Building: 1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet. 11 10 2. Fences not over 7 feet high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the retained material, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5000 gallons and the ratio in height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 and U occupancy that are less than 24 inches deep, and are not greater than 5000 gallons and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service equipment. 11. Swings and other playground equipment accessory to detached one- and two- family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 14. Intermodal shipping containers that are approved for temporary S-1 or S-2 storage under the umbrella of a valid temporary use permit or construction permit. 12 11 The remainder of Section 105.2 of the Washington State Building Code is adopted by reference. (Ord. 2019-006 § 1, 2019). 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 structure, or any part thereof, without having been issued a valid certificate of 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. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2005-06 § 7, 2005. Formerly 11.04.110.5). 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. 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 code, there shall be and is hereby created a board of appeals. The board of appeals shall be 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 render all decisions and findings in writing to the appellant with a duplicate copy to the building official. 113.2 Limitations on authority. The board of appeals shall hear and decide appeals of orders, decisions or determinations made by the building official relative 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 code nor to waive requirements of this code. 113.3 Qualifications. The board of appeals shall consist of seven members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction, and who shall be appointed from the following areas: one architect; one engineer; one building and construction contractor; one developer; one representative from the general public, one Washington state journeyman plumber; and one Washington state journeyman 13 12 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. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2005-06 § 8, 2005. Formerly 11.04.112). 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. 14 13 TABLE 1605.6 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground SNOW LOAD (a) Wind Speed (mph) (b) Wind Topographic Effects SEISMIC DESIGN CATEGORY (c) Subject to damage from Winter Design Temp ICE SHIELD UNDERLAYMENT REQUIRED FLOOD HAZARDS AIR FREEZING INDEX MEAN ANNUAL TEMP Weathering Frost line depth Termite 19 (110) NO D 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 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. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2005-06 § 11, 2005). 15 14 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. (Ord. 2016-011 § 1 (Exh. A) (part), 2016). 11.04.1802.3 Addition to Section 1802. Subsection 11.04.1802.3 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 terms shall, for the purposes of this section, have the meanings shown herein. Undisturbed soil. Soil or soil profile, unaltered by removal or other man-induced changes, except for agricultural activities, that would adversely affect the in-situ or operation of on-lot systems. This soil material and the in-situ soil mass have not been disturbed. Soil. Any uncemented or weakly cemented accumulation of material particles 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. Soil compaction. The process of increasing the density of a soil by packing the particles closer together with a reduction in the volume of air. The higher the degree of compaction, the higher will be the shear strength and lower will be the compressibility of the soil. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012- 27 § 1 (Exh. A) (part), 2012: Ord. 2005-06 § 13, 2005. Formerly 11.04.1801.3). 11.04.3303.4 Amendment to Section 3303.4. Section 3303.4 of the Washington State Building Code is amended to read as follows: 3303.4 Vacant lot. Where a structure has been demolished or removed, the vacant lot shall be filled and maintained to the existing grade or in accordance with the ordinances of the jurisdiction having authority. The vacant lot shall be cleaned of material, including without limitation petroleum tanks, septic tanks, septic drain fields, utilities, pipes, wires and conduit, unless in the right-of-way or easement, from the subterranean surface. Basement walls, footings, foundations may be required to be broken into pieces less than twenty-four (24) inches (610 mm) in size. Any excavation shall be filled with clean fill material, covered with vegetation to prevent erosion as approved by the building 16 15 official within 90 days after completion unless extended by the building official for reasonable cause. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2005-06 § 15, 2005). 11.04.J103.2 Amendment to Section J103.2. Section J103.2 of Appendix J (Grading) to the Washington State Building Code is amended to read as follows: J103.2 Exemptions. A grading permit shall not be required for the following: 1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties. 2. Excavation for construction of a structure permitted under this code. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells, or trenches for utilities. 6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 7. Exploratory excavations performed under the direction of a registered design professional. This phrase was added to assure that the “exploratory excavation” is not to begin construction of a building prior to receiving a permit for the sole purpose of preparing a soils report. 8. An excavation that (1) is less than 3 feet (915 mm) in depth or (2) does not create a cut slope greater than 6 feet (1829 mm) in height and steeper than 1 unit vertical in 1-1/2 units horizontal (66.7% slope). 9. A fill less than 2 feet (610 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 4 feet (1219 mm) in depth, not intended to support structures, that does not exceed 100 cubic yards (76.6 m3) on any one lot and does not obstruct a drainage course. 10. Test holes done under the provisions of an on-site sewage disposal permit application. 11. Grading, including roads, bridges and municipal construction, which is designed to WSDOT, APWA or FHWA standards and specification where such grading is subject to review and approval of a local government agency or a state or federal agency. 12. When approved by the building official, temporary grading work necessary to protect property. 17 16 13. Grading work which: (1) Is not intended to support structures, and (2) Is subject to permitting requirements of other regulations. Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2005-06 § 18, 2005). 11.04.J104 Addition to Section J104. Subsections J104.5 and J104.6 are added as new subsections to Section J104 of Appendix J (Grading) to the Washington State Building Code to read as follows: J104.5 Grading plan review fees. A grading plan review fee shall be paid to the building official or his/her designee in accordance with Table J104.5 at the time the plan is submitted for review. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in the Yakima Municipal Code. For excavation and fill on the same site, the plan review fee shall be based on the volume of excavation or fill, whichever is greater. Table J104.5—GRADING PLAN REVIEW FEES Volume cubic yards (cubic meters) Fee 50 (38.2) or less No Fee 51—100 (40— 76.45) $18.73 101—1,000 (76.45—764.5) $28.12 1,001—10,000 (764.5—7,645.5) $37.45 10,000—100,000 (7,645.5—76,455) $37.45 for 10,000 cubic yards plus $18.73 for each additional 10,000 cubic yards or fraction thereof 100,001—200,000 (76,455—152,911) $205.99 for 100,000 cubic yards plus $11.22 for each additional 18 17 Volume cubic yards (cubic meters) Fee 10,000 cubic yards or fraction thereof 200,001 (152,911) or more $318.15 for 100,000 cubic yards plus $5.63 for each additional 10,000 cubic yards or fraction thereof Additional plan review required by changes, additions or revisions to approved plans (minimum charge—one-half (1/2) hour) $64.25* * Or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. J104.6 Grading permit fees. A grading permit fee shall be paid to the building official or his/her designee in accordance with Table J104.6 at the time the permit is issued. Separate permit fees shall apply to retaining walls or major drainage structures as required elsewhere in the Yakima Municipal Code. There shall be no separate charge for standard terrace drains and similar facilities. Table J104.6—GRADING PERMIT FEES1 Volume cubic yards (cubic meters) Fee 50 (38.2) or less $0.00 51—100 (40— 76.45) $18.73 101—1,000 (76.45—764.5) $54.30 for the first 100 cubic yards plus $13.14 for each 100 cubic yards or fraction thereof 1,001—10,000 (764.5—7,645.5) $146.52 for the first 1,000 cubic yards plus $11.22 for each 1,000 cubic yards or fraction thereof 19 18 Volume cubic yards (cubic meters) Fee 10,000—100,000 (7,645.5—76,455) $247.46 for 10,000 cubic yards plus $60.50 for each additional 10,000 cubic yards or fraction thereof 100,001—200,000 (76,455—152,911) $701.92 for 100,000 cubic yards plus $28.12 for each additional 10,000 cubic yards or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours $64.25 per hour2 (minimum charge two hours) 2. Reinspection fees $64.25 per hour2 3. Inspections for which no fee is specifically indicated $64.25 per hour2 (minimum charge—one-half (1/2) hour) 1. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fees paid for the original permit and the fee shown for the entire project. 2. Or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2005-06 § 19, 2005). Section 3. Section 11.18.010 of Chapter 11.18 Fuel Code of the City of Yakima Municipal Code is 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 2018 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. (Ord. 2016-010 § 1, 2016). 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: 20 19 11.22.010 City residential code. The City of Yakima hereby adopts the 2018 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 2018 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. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2012-27 § 1 (Exh. A) (part), 2012: Ord. 2005-09 § 1 (part), 2005). 11.22.R105.2 Amendment to R105.2. Section R105.2 (Building) of the Washington State Residential Code is amended to read as follows: Building: 1. One-story detached non-habitable accessory structures used as tool and storage sheds, play houses and similar uses, provided the floor area does not exceed 200 square feet. 2. Fences not over 7 feet (2134 mm) high. 3. Retaining walls that are over 4 feet in height measured from the bottom of the footing to the top of the retained material, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,920 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the main exit door required by Section R311.4. The remainder of Section 105.2 of the Washington State Building Code is adopted by reference. (Ord. 2016-011 § 1 (Exh. A) (part), 2016). Section 5. The following sections of Chapter 11.32 Mechanical Code of the City of 21 20 Yakima Municipal Code are hereby revised to read as follows: 11.32.010 City mechanical code. The City of Yakima hereby adopts the 2018 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 2018 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. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2005-08 § 2, 2005: Ord. 2001-40 § 2, 2001). 11.32.109 Amendment to Section 109. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 2005-08 § 10, 2005). 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, 2018 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. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 93-66 § 3, 1993: Ord. 3424 § 1, 1991: Ord. 3401 § 1, 1991: Ord. 3145 § 1, 1988: Ord. 2900 § 1, 1985: Ord. 2671 § 1, 1983: Ord. 2459 § 1, 1980: Ord. 2027 § 1, 1976: Ord. 1618 § 1, 1974: Ord. 1237 § 1, 1970: Ord. 1025 § 1, 1968: Ord. 293 § 1, 1961). 11.44.041 Amendment to Subsection 103.1.1 of the Uniform Plumbing Code. Subsection 103.1.1 of the Uniform Plumbing Code shall read as follows: 22 21 103.1 Authority Having Jurisdiction. The Authority Having Jurisdiction is the Code Administration Manager or the Director of the Department of Community Development or their respective designees. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 3401 § 4, 1991: Ord. 3145 § 3, 1988: Ord. 2900 § 3, 1985: Ord. 2671 § 3, 1983: Ord. 2459 § 4, 1980). 11.44.042 Amendment to subsection 221 of Chapter 2 of the Uniform Plumbing Code. Section 221 of the Uniform Plumbing Code is amended to read as follows: Shall—The word “shall” is defined to have the following meaning: (1) With respect to the functions and powers of the Director of Community Development, Code Administration Manager, any agents and employees of the City of Yakima and any board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith. (2) With respect to the obligations upon owners and occupants of premises and their agents, a mandatory requirement to act in compliance with this Code at the risk of civil and criminal liability upon failure so to act. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 3401 § 5, 1991: Ord. 3145 § 4, 1988: Ord. 2900 § 4, 1985: Ord. 2671 § 4, 1983: Ord. 2459 § 5, 1980). 11.44.100 Amendment to Section 305. A new subsection of Section 305 of the Uniform Plumbing Code adopted by this chapter is hereby added to read as follows: Section 305—Damage to Drainage System or Public Sewer. (a) No such rainwater shall be allowed to flow over any public sidewalk, but shall be conducted under the sidewalk to the gutter or storm drain. In areas where storm drains are not available such rainwater shall be conducted to dry wells constructed for that purpose. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 1237 § 8, 1970: Ord. 1025 § 9, 1968). 11.44.110 Amendment to Section 604 of the Uniform Plumbing Code. A new subsection of Section 604 of the Uniform Plumbing Code adopted by this chapter is hereby added to read as follows: Section 604.1.1 Materials. (a) Water pipe and fittings shall be of approved materials. The installation of galvanized steel piping and associated fittings shall be prohibited. (b) Cast iron fittings up to and including two (2) inches (50.8 mm) in size, when used in connection with potable water piping shall be galvanized. (c) All malleable iron water fittings shall be galvanized. (Ord. 2016-011 § 1 (Exh. A) (part), 2016: Ord. 2013-030 § 1 (Exh. A) (part), 2013: Ord. 93-76 § 23 22 1, 1993: Ord. 3401 § 6, 1991: Ord. 3145 § 5, 1988. Formerly 11.44.120). Section 7. A new chapter, Chapter 11.12 entitled City of Yakima Existing Building Code, is hereby added to the Yakima Municipal Code as follows: CHAPTER 11.12EXISTING BUILDING CODE 11.12.010 City of Yakima existing building code. 11.12.020 Identification of the code official. 11.12.112 Amendment to Section 112 Board of Appeals 11.12.010 City of Yakima existing building code. The City of Yakima hereby adopts the 2018 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. 11.12.020 Identification of the code official. The division of code administration in the department of community development is hereby established as the code enforcement agency of the city of Yakima. The division of code administration shall be under the administrative and operational control of the code administration manager designated by the appointing authority. Wherever the term “code official” is used in this code, it shall be construed to mean the code administration manager, and his or her designee.11.12.112 Amendment to Section 112 Board of Appeals. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113 shall be the Board of Appeals for this Chapter. Section 8. The following section is hereby added to Chapter 11.04: Building Code, as follows: 11.04.3303.8 Addition to Section 3303 Section 3303 of the Washington State Building Code is amended to add a new subsection to read as follows: 3303.8 Yakima Regional Clean Air Authority approval required. No work shall commence until the Yakima Regional Clean Air Authority has assessed the proposed demolition work and granted approval to commence. Section 9. The following sections are hereby added to Chapter 11.18: Fuel Gas Code, as follows: 24 23 11.18.020 Identification of the code official. The division of code administration in the department of community development is hereby established as the code enforcement agency of the city of Yakima. The division of code administration shall be under the administrative and operational control of the code administration manager designated by the appointing authority. Wherever the term “code official” is used in this code, it shall be construed to mean the code administration manager, and his or her designee. 11.18.109 Amendment to Section 109 Board of Appeals. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter.11.22.010 City residential code. Section 10. The following sections are hereby added to Chapter 11.22: Residential Code, as follows: 11.22.020 Identification of the building official. The division of code administration in the department of community development is hereby established as the code enforcement agency of the city of Yakima. The division of code administration shall be under the administrative and operational control of the code administration manager designated by the appointing authority. Wherever the term “building official” is used in this code, it shall be construed to mean the code administration manager, and his or her designee. 11.22.112 Board of Appeals. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter. Section 11. The following section is hereby added to Chapter 11.32: Mechanical Code, as follows: 11.32.025 Identification of the code official. The division of code administration in the department of community development is hereby established as the code enforcement agency of the city of Yakima. The division of code administration shall be under the administrative and operational control of the code administration manager designated by the appointing authority. Wherever the term “code official” is used in this code, it shall be construed to mean the code administration manager, and his or her designee. Section 12. The following sections are hereby repealed: 25 24 11.04.3301.1 11.04.3303.7 11.32.020 11.32.106.4 11.32.106.4.9 11.32.202 11.32.807 Section 13. 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 14. 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 January, 2021. ATTEST: Patricia Byers, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 26 10.05.010 Adoption of codes. The City of Yakima hereby adopts the 2018 Washington State Fire Code, including Sections 503.1, 503.2 and Appendices B, C, and Sections D105.1, D105.2, D105.3, D106 and D107 of Appendix D therein, as published by the International Code Council, Inc., as adopted and maintained by the State Building Code Council in Chapter 51-54A WAC and as modified by the amendments, additions, deletions, and exceptions provided in this chapter. Any references to the International Fire Code, the fire code, the Washington State Fire Code, or this code shall mean the 2018 Washington State Fire 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 fire code of the city of Yakima shall be maintained on file in the office of the code administration manager of the city of Yakima. The International Fire Code with Appendices B, C, and Sections D105.1 and D105.3, D106 and D107 of Appendix D therein, 2015 Edition, published by the International Code Council, as modified and adopted pursuant to Chapter 51 -54 Washington Administrative Code (WAC), of which one or more copies of each are filed in the office of the code administration manager of the city of Yakima, and are adopted and incorporated as fully as if set out in full herein, as the fire prevention code of the city, except as hereinafter amended, and the provisions and regulations thereof are hereby adopted as the provisions and regulations of the city, and the several sections of numbers therein shall constitute, and may be referred to as, the numbers of this chapter. (a) In addition to the above, Section D105.2 of Appendix D of the International Fire Code, 2015 Edition, is adopted as amended below: D105.2 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion of building more than 30 feet (9144 mm) in height. (b) In addition to the above, Sections 503.1 and 503.2 of the International Fire Code, 2015 Edition, are adopted and incorporated as if fully set out in full herein. 10.05.020 Fireworks. The manufacture, storage, handling, sale and use of fireworks shall be governed by Chapter 10.15 of the Yakima Municipal Code (YMC), Chapter 70.77 RCW and by Chapter 212 - 17 WAC. To the extent any provision of Chapter 33 of the International Washington State Fire Code, 2015 Edition, is inconsistent with Chapter 10.15 YMC, Chapter 70.77 RCW or Chapter 212 -17 WAC, the provisions of Chapter 10.15 YMC, Chapter 70.77 RCW and Chapter 212 -17 WAC shall control. 10.05.025 Amendments to the International Washington State Fire Code. A. Section 103 of the International Washington State Fire Code , 20 15 Edition, is amended to read as follows: 27 SECTION 103 RESPONSIBILITY FOR ENFORCEMENT 103.1 General. The following officers are designated as fire code officials, as that term is applied throughout this code, with the duties described herein. 103.2 Administration and Enforcement—Code Administration Manager. Subject to the availability of sufficient budgeted funds and/or personnel, the Director of Community Development and the Code Administration Manager shall be responsible for the administration and enforcement of this code. Under his or her direction, the Division of Code Administration shall enforce all ordinances of the jurisdiction pertaining to: 1. The prevention of fires. 2. The storage, use and handling of hazardous materials. 3. The installation and maintenance of automatic, manual, and other private fire alarm systems and fire-extinguishing equipment. 4. The maintenance and regulation of fire escapes. 5. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property including those under construction. 6. The maintenance of exits. 7. Adoption and enforcement 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 section and any other section herein, this section shall govern insofar as applicable. 103.3 Administration and Enforcement—Fire Chief. The Chief of the Fire Department shall be responsible for the administration and enforcement of all ordinances of the jurisdiction pertaining to: 1. The suppression or extinguishing of dangerous or hazardous fires. 2. The investigation of the cause, origin and circumstances of fires and unauthorized releases of hazardous materials. 3. Annual inspections of existing buildings after which a Certificate of Occupancy has been issued. B. Section 104, “General,” of the International Washington State Fire Code, 2015 Edition, is amended to add Section 104.1.1, “Rules and Regulations,” to read as follows: 104.1.1 Rules and Regulations. The Director of Community Development, or person designated by the Director, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be 28 necessary from time to time to carry out the intent of this code. Three certified copies of such rules and regulations shall be filed with the Yakima City Clerk and shall be in effect immediately thereafter and additional copies shall be kept in the Office of Code Administration for distribution to the public. C. Section 104, “General,” of the International Washington State Fire Code, 2015 Edition, is hereby amended to add Section 104.1.2, “Authority of Fire Code Officials to Exercise Powers of Police Officers,” to read as follows: 104.1.2. Authority of Fire Code Officials to Exercise Powers of Police Officers. The Chief of the Fire Department and Director of Community Development, together with their respective authorized representatives, shall have the powers of a police officer in performing their respective duties under this code. D. Section 104, “General,” of the International Washington State Fire Code, 2015 Edition, is hereby amended to add Section 104.1.3, “Authority and Duty of Police Personnel to Assist in Enforcing this Code,” to read as follows: 104.1.3. Authority and Duty of Police Personnel to Assist in Enforcing this Code. Whenever requested to do so by the Chief of the Fire Department or the Director of Community Development or one of their authorized representatives, the Chief of Police shall assign such available police officers as in his discretion may be necessary to assist the Fire Depart-ment or Office of Code Administration in enforcing the provisions of this Code. E. Section 1076.1, “Inspection authority,” of the International Washington State Fire Code, 2015 Edition, is hereby amended to read as follows: 1076.1 Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code. Subject to the availability of sufficient budgeted funds and/or personnel, the Code Administration Manager or his authorized representatives may inspect, as often as may be practicable, all buildings and premises, including such other hazards or appliances, as the Code Administration Manager or his authorized representatives may designate for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this Code and of any other law or standard affecting fire safety. F. Section 110.1.1, “Unsafe conditions,” of the International Washington State Fire Code, 2015 Edition, is hereby amended to read as follows: 110.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. All 29 buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapters 4 through 9 of the Uniform Code for the Abatement of Dangerous Buildings or by any other procedures provided by law. G. Section 104.10, “Fire investigations,” of the International Washington State Fire Code, 2015 Edition, is hereby amended to read as follows: 104.10 Fire investigations. The Fire Chief, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall be subject to the procedures and provisions of the Public Records Act, Chapter 42.56 RCW. The Fire Department shall investigate promptly the cause, origin and circumstances of each and every fire occurring in the municipality involving loss of life or injury to person or destruction or damage to property, and if it appears to the Chief of the Fire Department or his authorized representatives making the investigation that such fire is of suspicious origin, he shall then take immediate charge of all physical evidence relating to the cause of the fire and shall pursue the investigation to its conclusion. The Chief of the Fire Department or his authorized representatives shall make a report in writing of all facts and findings relative to each investigation. The Police Department shall assist the Fire Department in its investigations whenever requested to do so, unless otherwise directed by the Chief of Police. H. Section 104.3, “Right of entry,” of the International Washington State Fire Code, 2015 Edition, is hereby amended to read as follows: 104.3 Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or any rules and regulations adopted hereunder, or whenever the Code Administration Manager or any of his authorized representatives has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this code which makes such building or premises unsafe, the Code Administration Manager or any of his authorized representatives may enter such building or premises at all reasonable times to inspect; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Code Administration Manager or any of his authorized representatives shall have recourse to every remedy provided by law to secure entry. “Authorized representative” shall include the officers named in Section 104.1.2 and 104.1.3 of this code. 30 If the owner or occupant denies entry, the chief or his authorized representative shall obtain a proper inspection warrant or other remedy provided by law to secure entry. No owner or occupant or any other persons 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 therein by the chief or his authorized representative for the purpose of inspection and examination pursuant to this code. I. Section 109.3, “Violation penalties,” of the International Washington State Fire Code, 2015 Edition, is hereby amended to read as follows: 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. J. Section 10 98, “Board of Appeals,” of the International Washington State Fire Code, 2015 Edition, is hereby amended to read as follows: Board of appeals. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and hereby is created a Board of Appeals., consisting of five members who are qualified by experience and training to pass upon matters pertaining to hazards of fire, explosions, hazardous conditions or fire suppression systems and other pertinent matters, and not employees of the City. The building official and/or the Fire Chief (depending on their respective authority as determined by the applicable code related to the matter being appealed) 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. The Code Administration Manager shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter. K. Section 105.2, “Application,” of the International Washington State Fire Code, 2015 Edition, is hereby amended to read as follows: 105.2 Application. All applications for a permit required by this Code shall be made to the Office of Code Administration, the applicable fire code official, in such form and detail as prescribed by the Code Administration Manager. Applications for permits shall be accompanied by such plans as required by the Code Administration Manager. 10.05.030 Permits, certificates, fees. The director of community development, code administration manager, or his or her authorized representative is authorized and empowered to issue permits and , certificates of approval and certificates of fitness as required by this code. 31 A permit fee of ten dollars shall be charged to each person, firm or corporation engaged in the business of maintaining fire extinguishers or fumigation. It is unlawful for any person to repair or fill any portable or other type extinguisher, or to fumigate commercially, unless such person has obtained from the chief of code administration a certificate of fitness to do so. Each applicant applying for a certificate of fitness to repair or fill portable fire extinguishers or for fumigation shall be at least eighteen years of age; able to speak, read and write the English language understandably; shall be reliable and have good judgment; and shall be familiar with the necessary work and the materials used in repairing and filling portable fire extinguishers. Whenever the chief of code administration shall find that a person holding a certificate of fitness is careless, negligent or unfitted for the work for which it is issued, the chief of code administration is authorized to revoke or suspend the certificate. Any fees required by local or state law in the enforcement of this code shall be paid to the Director of Finance treasurer of the city. Any permit required by this code shall be issued to the recipient on a permanent basis other than those which require renewal on an annual basis. 10.05.050 Regulation of alarm gongs and chimes. Every building in the city used as a school, hospital, nursing home, rest home, nursery, sanitarium, orphanage, old people’s home, children’s home, hotel, or apartment house of more than one story with four or more families doing their own cooking and living independently of each other in the building shall have a manually operated fire alarm system capable of being heard distinctly throughout the building. The alarm system shall be operated from alternating current, electrically, and shall be provided with a manually operated switch and gong so that they are accessible within one hundred feet of any given point on any floor level. Every alarm system shall be installed in compliance with the electrical code of the city of Yakima, and the state of Washington. Any automatic alarm system meeting NFPA Standard 72A requirements shall be accepted in lieu of a minimum manually operated fire alarm system. The person in charge of any building where a fire alarm system is required shall test the system at least once every two weeks to ascertain whether or not the system is in working order, and shall immediately correct any defect that might be found. It shall be the duty of any employee in a building to see that the fire alarm system is operated immediately after the discovery of fire in the building. In all buildings where a continuously ringing fire alarm system is required, an electrically operated chime system may be substituted if such chime is approved for the purpose by the code administration manager. 10.05.075 Operation of tank vehicles. 32 There is added to Section 345706 of the International Washington State Fire Code, 2015 Edition, the following subsections: 345706.1.2. Routes—Duty of City Engineer—Deviation. (a) Except as hereinafter provided, any tank vehicles for carriage of flammable liquids, whether loaded or unloaded, desiring to use the streets of the City of Yakima shall follow only the gasoline routes as designated on the gasoline route map on file in the office of the City Clerk. Such tank vehicles may deviate from said established gasoline routes only at the street intersection leading directly to the bulk plant or terminal or motor vehicle fuel dispensing station where such bulk plant or terminal or motor vehicle fuel dispensing station is not located on such routes and cannot be reached by traveling thereon. Provided, however that such tank vehicles may deviate from the established gasoline routes where necessary to do so for the purpose of being serviced or repaired at a service or repair garage when any such garage is not located on and cannot be reached by traveling on said routes. Such deviation shall be made only at the street intersection leading directly to any such approved garage. (b) The City Engineer, with the consent and approval of the Code Administration Manager, is hereby directed to erect and maintain at all times proper signs within the City of Yakima directing the routes for tank vehicles for the carriage of flammable liquids. Such routes may be changed from time to time by the City Engineer, with the consent and approval of the Code Administration Manager, and such changes shall be effective when the same are noted upon the gasoline route map on file in the office of the City Clerk and when such routes are properly marked by signs to plainly indicate said changed routes. (c) In the case of any emergency or necessity requiring a deviation from said gasoline routes now provided for herein or for stopping or parking upon said routes in violation of this title, the owner or operator of any such tank vehicle shall immediately notify, and request instructions from, the Code Administration Manager or any authorized assistant, and shall explicitly carry out any such instructions received. (d) Delivery of flammable liquids on certain streets prohibited. No tank vehicle shall travel along Yakima Avenue or along the first northerly alley or along the first southerly alley immediately adjacent to and running parallel with the said Yakima Avenue between Naches Avenue and 6th Avenue for the purpose of making gasoline deliveries, except only insofar as it shall be necessary for said tank vehicles to proceed on Yakima Avenue or on said alleys from the nearest intersecting street thereto. 10.05.080 Establishment of limits in which storage of flammable liquids in outside aboveground tanks is to be prohibited. The limits in the International Washington State Fire Code, 20 15 Edition, in which bulk plant storage of flammable liquids in outside aboveground tanks is prohibited, are established as follows: first fire zone and third fire zone. 33 10.05.085 Establishment of clarification to the 2015 International Washington State Fire Code Chapter 34 related to the storage of tires. Unless the provisions of Chapter 34 of the International Washington State Fire Code are met, all outdoor tire storage shall be such that tires are stored vertically on the tread side, and on approved, noncombustible, tire storage racks with a depth of not more than one tire diameter of the largest tire stored. Where such racks are utilized, the separation distance from lot lines and structures to tires, and from tire to tire in successive aisles created by said storage may be reduced to three feet where all tire storage is maintained at a maximum height of six feet as measured to the top of the tires. Where rack storage of tires is higher than six feet and maximum ten feet in height, all tire storage shall require a minimum of ten feet from property lines and structures, and shall be approved. Laced and barrel stacking of tires shall not be permitted. Any intermodal containers utilized for the storage of tires shall be approved. 10.05.120 Wood box and, tote bin and pallet storage. (1) All empty wood boxes, and tote bins and pallets, when piled north, northwest or northeast or west of a frame building or frame platform, shall be not less than fifty feet therefrom and such piles shall not exceed twenty feet in width, fifty feet in length, twelve feet to the eaves, and eighteen feet to the gable thereof. (2) All empty wood boxes, and tote bins and pallets, when piled to the south, southwest, southeast or east of a frame building or frame platform, shall be not less than thirty feet therefrom and such piles shall not exceed twenty-five feet in width, fifty feet in length, fourteen feet to the eaves, and twenty feet to the gable thereof. (3) All empty wood boxes, and tote bins and pallets, when piled to the north, northwest or northeast or west of a brick, tile, stone or concrete building, shall be not less than thirty feet therefrom and such piles shall not exceed twenty-five feet in width, sixty feet in length, sixteen feet to the eaves, and twenty feet to the gable thereof. (4) All empty wood boxes, and tote bins and pallets, when piled to the south, southwest, southeast or east of a brick, tile, stone or concrete building, shall be not less than twenty feet therefrom and such piles shall not exceed thirty feet in width, sixty feet in length, sixteen feet to the eaves and twenty-four feet to the gable thereof. (5) All empty tote bins or pallets may be piled flat on the top of the pile without a gable. The pile shall not exceed thirty-five feet in width, sixty feet in length, and twenty-five feet in height. (6) The length, height and width of any specific box, or tote bin or pallet pile may be increased upon written approval of the chief of code administration. (7) All piles of empty wood boxes, and tote bins, and pallets shall be so arranged that alleys of not less than twelve feet shall surround each pile and the ground around the piles shall be kept free of weeds to a distance of at least six feet from the piles. 34 11.04.010 City of Yakima building code. The City of Yakima hereby adopts the 2018 Washington State Building Code, including Sections 101 -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 2018 Washington State Building Code as referred to herein. The building code of the city of Yakima shall be comprised of the following as modified by the amendments, additions, deletions, and exceptions provided in this chapter: a. The 2015 Edition of the International Building Code, including Sections 101 through 111 of Appendix E (Supplementary Accessibility Requirements), as published by the International Code Council, Inc., and as adopted and maintained by the State Building Code Council in Chapter 51-50 WAC. b. Appendix G (Flood-Resistant Construction) and Appendix J (Grading) to the 2015 Edition of the International Building Code and as published by the International Code Council, Inc. 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 fi le in the office of the code administration manager of the city of Yakima. 11.04.105 Work exempt from permit. Subsection 105 .2 (Building) of the Washington State Building Code is amended to read as follows: An additional exemption, subsection (14), is added to the “Building” subsection of Section 105.2 of the International Building Code as adopted and maintained by the State Building Code Council and shall read as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet. 2. Fences not over 7 feet high. 3. Oil derricks. 35 4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the retained materialwall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5000 gallons and the ratio in height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 and U occupancy that are less than 24 inches deep, and are not greater than 5000 gallons and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service equipment. 11. Swings and other playground equipment accessory to detached one- and two- family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 14. Intermodal shipping containers that are approved for temporary S-1 or S-2 storage under the umbrella of a valid temporary use permit or construction permit. The remainder of Section 105.2 of the Washington State Building Code is adopted by reference. 11.04.111.5 Addition to Section 111. Subsection 111.5 is added as a new subsection to Section 111 of the 2015 Edition of the International Washington State Building Code as adopted and maintained by the State Building Code Council to read as follows: 111.5 Public nuisance. It is a public nuisance to use or occupy a building or structure, or any part thereof, without having been issued a valid certificate of 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. 36 Section 113 of the 20 15 Edition of the International Washington State Building Code as adopted and maintained by the State Building Code Council is amended to read as follows: Section 113 Board of Appeals 113.1 General. 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 code, there shall be and is hereby created a board of appeals. The board of appeals shall be 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 render all decisions and findings in writing to the appellant with a duplicate copy to the building official. 113.2 Limitations on authority. The board of appeals shall hear and decide appeals of orders, decisions or determinations made by the building official relative 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 code nor to waive requirements of this code. 113.3 Qualifications. The board of appeals shall consist of seven members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction, and who shall be appointed from the following areas: one architect; one engineer; one building and construction contractor; one developer; one representative from the general public, one Washington state journeyman plumber; and one Washington state journeyman mechanical contractor. The building official and/or the Fire Chief (depending on their respective authority as determined by the applicable code related to the matter being appealed) 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. 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 20 15 Edition of the International Washington State Building Code as adopted and maintained by the State Building Code Council 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 20 15 edition of the International Building Code, these design criteria shall control unless the building official determines otherwise for a specific structure with special local conditions. 37 TABLE 1605.6 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground SNOW LOAD (a) Wind Speed (mph) (b) Wind Topographic Effects SEISMIC DESIGN CATEGORY (c) Subject to damage from Winter Design Temp ICE SHIELD UNDERLAYMENT REQUIRED FLOOD HAZARDS AIR FREEZING INDEX MEAN ANNUAL TEMP Weathering Frost line depth Termite 19 (110) NO D 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 30 psf. b. May be reduced in accordance with the 2015 International Building Code Table 1609.3.1 c. May be reduced in accordance with the 2015 International Building Code Section 1613. 11.04.1608.1.1 Addition of Section 1608.1.1. The 2015 Edition of the International Washington State Building Code as adopted and maintained by the State Building Code Council 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. 11.04.1802.3 Addition to Section 1802. Subsection 11.04.1802.3 is added as a new subsection to Section 1802 of the 2015 Edition of the International Washington State Building Code as adopted and maintained by the State Building Code Council to read as follows: 1802.3 Definitions. The following words and terms shall, for the purposes of this section, have the meanings shown herein. Undisturbed soil. Soil or soil profile, unaltered by removal or other man-induced changes, except for agricultural activities, that would adversely affect the in-situ or operation of on-lot systems. This soil material and the in-situ soil mass have not been disturbed. Soil. Any uncemented or weakly cemented accumulation of material particles 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. Soil compaction. The process of increasing the density of a soil by packing the particles closer together with a reduction in the volume of air. The higher the degree of compaction, the higher will be the shear strength and lower will be the compressibility of the soil. 38 11.04.3303.1 Amendment to Section 3303.1. Section 3303.1 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. 11.04.3303.4 Amendment to Section 3303.4. Section 3303.4 of the 2015 Edition of the International Washington State Building Code as adopted and maintained by the State Building Code Council is amended to read as follows: 3303.4 Vacant lot. Where a structure has been demolished or removed, the vacant lot shall be filled and maintained to the existing grade or in accordance with the ordinances of the jurisdiction having authority. The vacant lot shall be cleaned of material, including without limitation petroleum tanks, septic tanks, septic drain fields, utilities, pipes, wires and conduit, unless in the right-of -way or easement, from the subterranean surface. Basement walls, footings, foundations may be required to be broken into pieces less than twenty-four (24) inches (610 mm) in size. Any excavation shall be filled with clean fill material, covered with vegetation to prevent erosion as approved by the building official within 90 days after completion unless extended by the building official for reasonable cause. 11.04.3303.7 8 Addition to Section 3303. Section 3303.87 is added as a new subsection to Section 3303 of the 2015 Edition of the International Washington State Building Code as adopted and maintained by the State Building Code Council and is amended to read as follows: 3303.87 Yakima Regional Clean Air Authority approval required. No work shall commence until the Yakima Regional Clean Air Authority has assessed the proposed demolition work and granted approval to commence. 11.04.J103.2 Amendment to Section J103.2. Section J103.2 of Appendix J (Grading) to the 2015 Edition of the International Washington State Building Code as adopted and maintained by the State Building Code Council is amended to read as follows: J103.2 Exemptions. A grading permit shall not be required for the following: 1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties. 2. Excavation for construction of a structure permitted under this code. 3. Cemetery graves. 39 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells, or trenches for utilities. 6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 7. Exploratory excavations performed under the direction of a registered design professional. This phrase was added to assure that the “exploratory excavation” is not to begin construction of a building prior to receiving a permit for the sole purpose of preparing a soils report. 8. An excavation that (1) is less than 3 feet (915 mm) in depth or (2) does not create a cut slope greater than 6 feet (1829 mm) in height and steeper than 1 unit vertical in 1-1/2 units horizontal (66.7% slope). 9. A fill less than 2 feet (610 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 4 feet (1219 mm) in depth, not intended to support structures, that does not exceed 100 cubic yards (76.6 m3) on any one lot and does not obstruct a drainage course. 10. Test holes done under the provisions of an on-site sewage disposal permit application. 11. Grading, including roads, bridges and municipal construction, which is designed to WSDOT, APWA or FHWA standards and specification where such grading is subject to review and approval of a local government agency or a state or federal agency. 12. When approved by the building official, temporary grading work necessary to protect property. 13. Grading work which: (1) Is not intended to support structures, and (2) Is subject to permitting requirements of other regulations. Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 11.04.J104 Addition to Section J104. Subsections J104.5 and J104.6 are added as new subsections to Section J104 of Appendix J (Grading) to the 2015 Edition of the International Washington State Building Code as adopted and maintained by the State Building Code Council to read as follows: 40 J104.5 Grading plan review fees. A grading plan review fee shall be paid to the building official or his/her designee in accordance with Table J104.5 at the time the plan is submitted for review. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in the Yakima Municipal Code. For excavation and fill on the same site, the plan review fee shall be based on the volume of excavation or fill, whichever is greater. Table J104.5—GRADING PLAN REVIEW FEES Volume cubic yards (cubic meters) Fee 50 (38.2) or less No Fee 51—100 (40—76.45) $18.73 101—1,000 (76.45— 764.5) $28.12 1,001—10,000 (764.5— 7,645.5) $37.45 10,000—100,000 (7,645.5—76,455) $37.45 for 10,000 cubic yards plus $18.73 for each additional 10,000 cubic yards or fraction thereof 100,001—200,000 (76,455—152,911) $205.99 for 100,000 cubic yards plus $11.22 for each additional 10,000 cubic yards or fraction thereof 200,001 (152,911) or more $318.15 for 100,000 cubic yards plus $5.63 for each additional 10,000 cubic yards or fraction thereof Additional plan review required by changes, additions or revisions to approved plans (minimum charge—one - half (1/2) hour) $64.25* * Or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 41 J104.6 Grading permit fees. A grading permit fee shall be paid to the building official or his/her designee in accordance with Table J104.6 at the time the permit is issued. Separate permit fees shall apply to retaining walls or major drainage structures as required elsewhere in the Yakima Municipal Code. There shall be no separate charge for standard terrace drains and similar facilities. Table J104.6—GRADING PERMIT FEES1 Volume cubic yards (cubic meters) Fee 50 (38.2) or less $0.00 51—100 (40— 76.45) $18.73 101—1,000 (76.45—764.5) $54.30 for the first 100 cubic yards plus $13.14 for each 100 cubic yards or fraction thereof 1,001—10,000 (764.5— 7,645.5) $146.52 for the first 1,000 cubic yards plus $11.22 for each 1,000 cubic yards or fraction thereof 10,000— 100,000 (7,645.5— 76,455) $247.46 for 10,000 cubic yards plus $60.50 for each additional 10,000 cubic yards or fraction thereof 100,001— 200,000 (76,455— 152,911) $701.92 for 100,000 cubic yards plus $28.12 for each additional 10,000 cubic yards or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours $64.25 per hour2 (minimum charge two hours) 2. Reinspection fees $64.25 per hour2 3. Inspections for which no fee is specifically indicated $64.25 per hour2 (minimum charge—one-half (1/2) hour) 1. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fees paid for the original permit and the fee shown for the entire project. 2. Or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 42 11.18.010 City fuel gas code. The fuel gas code of the city of Yakima shall be comprised of the 2018 15 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. 11.18.020 Identification of the code official. The division of code administration in the department of community development is hereby established as the code enforcement agency of the city of Yakima. The division of code administration shall be under the administrative and operational control of the code administration manager designated by the appointing authority. Wherever the term “code official” is used in this code, it shall be construed to mean the code administration manager, and his or her designee. 11.18.109 Amendment to Section 109 Board of Appeals. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter. 11.22.010 City residential code. The City of Yakima hereby adopts the 2018 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 2018 Washington State Residential Code as referred to herein. The residential code of the city of Yakima shall be comprised of the following: The 2015 Edition of the International Residential Code, as published by the International Code Council, Inc., and as adopted and maintained by the State Building Code Council in Chapter 51 - 51 WAC. 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. 11.22.020 Identification of the building official. The division of code administration in the department of community development is hereby established as the code enforcement agency of the city of Yakima. The division of code administration shall be under the administrative and operational control of the code 43 administration manager designated by the appointing authority. Wherever the term “building official” is used in this code, it shall be construed to mean the code administration manager, and his or her designee. 11.22.R105.2 Amendment to R105.2 #1. Section R105.2#1 (Building) of the 2015 International Washington State Residential Code is amended to read as follows: Building: 1. One-story detached non-habitable accessory structures used as tool and storage sheds, play houses and similar uses, provided the floor area does not exceed 200 square feet. 2. Fences not over 7 feet (2134 mm) high. 3. Retaining walls that are over 4 feet in height measured from the bottom of the footing to the top of the retained material, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,920 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the main exit door required by Section R311.4. The remainder of Section 105.2 of the Washington State Building Code is adopted by reference. 11.22.112 Amendment to Section R112 The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter. 11.32.010 City mechanical code. The City of Yakima hereby adopts the 2018 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 2018 Washington State Mechanical Code as referred to herein. References to this code, the International Mechanical Code and the mechanical code of the City of Yakima shall mean the 2018 Washington State Mechanical Code, as hereby adopted and as 44 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: The mechanical code of the city of Yakima shall be comprised of the following as modified by the amendments, additions, deletions, and exceptions provided in this chapter: The 2015 Edition of the International Mechanical Code, as published by the International Code Council, Inc., and as adopted and maintained by the State Building Code Council in Chapter 51 - 52 WAC. 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. 11.32.020 Heating and/or comfort-cooling journeyman certificate—Requirements. 11.32.020.1 Journeyman Certification. It is unlawful for any person to install or service any heating or comfort-cooling appliance without first having obtained and being the authorized holder of a valid and subsisting city of Yakima heating and/or comfort-cooling journeyman certificate, issued pursuant to this section, authorizing the holder to service and install the appliance. Exception: The installation of space heating equipment whose energy source is electric, and is not interconnected by a ducted air circulation system does not require journeyman certification. 11.32.020.2 Journeyman Certification Fee. The fee for each city of Yakima heating and/or comfort-cooling journeyman certificate shall be eleven dollars, and eleven dollars for renewal, per year for each person payable to the city of Yakima code administration division. 11.32.020.3 Journeyman Certificate Examinations. No city of Yakima heating and/or comfort- cooling journeyman certificate shall be issued until the applicant has passed an examination administered by the code administration manager or his or her designee, paid all certification and examination fees authorized by this chapter and completed a mechanical journeyman certificate application form. The examination authorized by this section shall test the applicant’s knowledge of that portion of the city mechanical code applicable to the types of heating and comfort-cooling appliances the applicant intends to install or service. 11.32.020.4 Journeyman Certificate Application. Prior to taking such examination, the applicant shall complete an application form provided by the code administration manager. The application shall contain the following information: applicant’s name, home address, business address, place and date of birth, whether the applicant has served an apprenticeship in the heating and comfort-cooling appliance installation trade, and if so, which trade, whether the applicant has achieved journeyman status in such trade, and what types of heating and/or comfort-cooling appliances the applicant seeks to be certified to install and/or service and what related work the applicant seeks to be certified to perform. The code administration manager shall issue a city of Yakima heating and/or comfort-cooling journeyman certificate to applicants who pass the examination. The city of Yakima heating and/or comfort-cooling journeyman 45 certificate shall specifically state what heating and/or comfort-cooling appliances the journeyman is certified to install and/or service and what related work the journeyman is certified to perform. 11.32.020.5 Journeyman Certificate Examination Fee. The fee for heating and/or comfort- cooling journeyman certificate examination shall be five dollars payable in advance to the city of Yakima code administration division. 11.32.020.6 Appeal of Examination Results. Any applicant who does not pass the heating and/or comfort-cooling journeyman certificate examination may appeal to the board of appeals established by YMC 11.04.113 for a review of any irregularity in the administration or scoring of the examination by the code administration manager by filing a written notice of appeal with the code administration manager within ten calendar days of receipt by the applicant of the result of the examination. The notice of appeal shall specify the irregularity on which the appeal is based. The code administration manager shall promptly notify the board of the filing of the appeal. On receipt of an appeal, the board shall promptly give written notice to the code administration manager and the applicant/appellant of the time, date and place of hearing on such appeal, not less than seven calendar days prior to the date of the hearing. The board shall then hear the appeal and determine whether the examination results at issue should be upheld or modified. 11.32.020.7 Suspension or Revocation of Journeyman Certificate—Appeal. The code administration manager may, in writing, suspend or revoke a certificate issued under the provisions of this section whenever the certificate is issued in error, or on the basis of incorrect information supplied in application for the certificate, or the certificate holder either installs or services any heating or comfort-cooling appliance for which he/she is not certified, or otherwise fails to comply with any provision of the city mechanical code. The holder of any certificate suspended or revoked by the code administration manager shall have the right of appeal to the board of appeals established by YMC 11.04.113 from such action by filing a notice of appeal with the board of appeals within ten days after receiving notice of the code administration manager’s action. At the hearing, the holder of the certificate shall be entitled to be heard in person, to produce witnesses and to be represented by counsel. The action of the board of appeals on the question shall be final and conclusive. 11.32.025 Identification of the code official. The division of code administration in the department of community development is hereby established as the code enforcement agency of the city of Yakima. The division of code administration shall be under the administrative and operational control of the code administration manager designated by the appointing authority. Wherever the term “code official” is used in this code, it shall be construed to mean the code administration manager, and his or her designee. 11.32.106.4 Amendment to Section 106.4. Section 106.4 of the International Mechanical Code as adopted and maintained by the State Building Code Council is amended to read as follows: 46 106.4 Permit issuance. If the code administration manager finds that the proposed work described in an application for a permit and the plans, specifications and other data filed therewith conforms to the requirements of this code and all laws and ordinances applicable thereto, that the applicant is properly certified under Section 11.32.020 , and that the fees specified in Section 106.5 have been paid, a permit shall be issued to the applicant. 11.32.106.4.9 Addition to Section 106.4. Subsection 106.4.9 is added to Section 106.4 of the International Mechanical Code as adopted and maintained by the State Building Code Council to read as follows: 106.4.9 To Whom Permits May Be Issued 106.4.9.1 A permit may be issued to a person, firm or corporation properly certified under Section 11.32.020 who is also complying with applicable contractor registration laws. 106.4.9.2 No permit shall be issued to any person to do or cause to be done any work regulated by this code except to a person holding a valid unexpired and non- revoked City of Yakima Heating and/or Comfort-Cooling Journeyman Certificate as required by Section 11.32.020 of this chapter. EXCEPTION: A permit for mechanical work regulated by this code may be issued to the owner of a single-family residence, if the following conditions are all satisfied: 1. The residence, including buildings or other structures customarily recognized as accessory to such residence, is used exclusively for residential purposes; 2. The residence is the residence of the owner; 3. The owner shall personally purchase all materials; 4. The owner shall personally perform all labor in connection therewith. 11.32.109 Amendment to Section 109. Section 109 of the International Washington State Mechanical Code as adopted and maintained by the State Building Code Council is amended to read as follows: 109.1 Application for appeal. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter. A person shall have the right to appeal a decision of the code administration manager to the board of appeals established by YMC 11.04.113. 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 an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code administration manager within 20 days after the notice was served. 47 109.1.1 Limitation of authority. The board of appeals shall have no authority relative to interpretation of the administration of this code nor shall such board be empowered to waive requirements of this code. The remainder of Section 109 of the 2015 Edition of the International Mechanical Code as adopted and maintained by the State Building Code Council in Chapter 51-52 WAC is hereby deleted . Existing lined masonry chimneys and unlined chimneys with not more than one side exposed to the outside may be used to vent gas appliances, provided that an approved liner shall be installed in an existing unlined masonry chimney when deemed necessary by the building official considering local problems of vent gas condensate. 11.32.202 Addition to Section 202. The following definitions are added to Section 202 of the International Mechanical Code as adopted and maintained by the State Building Code Council: HEATING and/or COMFORT-COOLING APPLIANCE. An appliance which utilizes gas, liquid, solid fuel or electricity for the purpose of heating and/or cooling, and shall include all necessary piping and duct work, excluding gas supply piping, and shall also include piping other than gas supply piping for all gas appliances including such appliances as gas refrigerators. HEATING and/or COMFORT-COOLING CONTRACTOR. Any person, firm or corporation who installs, contracts to install or services, repairs, alters or cleans any or all types of heating and cooling appliances and is listed by the Washington Department of Labor and Industries as a Washington State Mechanical Journeyman. HEATING and/or COMFORT-COOLING JOURNEYMAN. Any person engaged in the actual work of installing or servicing any heating or comfort-cooling appliance, and who is the authorized holder of a valid and subsisting city of Yakima Heating and/or Comfort-Cooling Journeyman Certificate. 11.32.807 Amendment to Chapter 8. Section 807 is added to Chapter 8 of the International Mechanical Code as adopted and maintained by the State Building Code Council to read as follows: Section 807 Gas Venting into Existing Masonry Chimneys. Existing lined masonry chimneys and unlined chimneys with not more than one side exposed to the outside may be used to vent gas appliances, provided than an approved liner shall be installed in an existing unlined masonry chimney when deemed necessary by the building official considering local problems of vent gas condensate. 11.44.010 Adoption of Uniform Plumbing Code. The Uniform Plumbing Code, 201815 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 48 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. 11.44.041 Amendment to subsection (c) of Section 102103.1.1 of the Uniform Plumbing Code. Subsection 103.1.1(c) of Section 102 of the Uniform Plumbing Code is amended to shall read as follows: 103.1.1(c) Authority Having Jurisdiction. The Authority Having Jurisdiction is the Code Administration Manager or the Director of the Department of Community Development or their respective designees. 11.44.042 Amendment to subsection (e) of Section 120221 of Chapter 2 of the Uniform Plumbing Code. Subsection (e) of Section 221 120 of the Uniform Plumbing Code is amended to read as follows: Shall—The word “shall” is defined to have the following meaning: (1) With respect to the functions and powers of the Director of Community Development, Code Administration Manager, any agents and employees of the City of Yakima and any board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith. (2) With respect to the obligations upon owners and occupants of premises and their agents, a mandatory requirement to act in compliance with this Code at the risk of civil and criminal liability upon failure so to act. All other definitions in Chapter 2 of the Uniform Plumbing Code are adopted by reference as adopted and maintained by the Washington State Building Code Council 11.44.100 Amendment to Section 305. A new subsection (a) of Section 305 of the Uniform Plumbing Code adopted by this chapter is hereby added to read as follows: Section 305.1.1—Damage to Drainage System or Public Sewer. (a) No such rainwater shall be allowed to flow over any public sidewalk, but shall be conducted under the sidewalk to the gutter or storm drain. In areas where storm 49 drains are not available such rainwater shall be conducted to dry wells constructed for that purpose. 11.44.110 Amendment to Section 604 of the Uniform Plumbing Code. A new subsection of Section 604 of the Uniform Plumbing Code adopted by this chapter is hereby added to read as follows:Section 604 of the Uniform Plumbing Code is amended to read as follows: Section 604.1.1—Materials. (a) Water pipe and fittings shall be of approved materials. The installation of galvanized steel piping and associated fittings shall be prohibited. (b) Cast iron fittings up to and including two (2) inches (50.8 mm) in size, when used in connection with potable water piping shall be galvanized. (c) All malleable iron water fittings shall be galvanized. 11.12.010 City of Yakima existing building code. The City of Yakima hereby adopts the 2018 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. 11.12.020 Identification of the code official. The division of code administration in the department of community development is hereby established as the code enforcement agency of the city of Yakima. The division of code administration shall be under the administrative and operational control of the code administration manager designated by the appointing authority. Wherever the term “code official” is used in this code, it shall be construed to mean the code administration manager, and his or her designee. 11.12.112 Amendment to Section 112 board of appeals. The Board of Appeals as outlined in Yakima Municipal Code section 11.04.113, shall be the Board of Appeals for this Chapter. 50