HomeMy WebLinkAboutOrdinance No. 0817CITY OF MEDINA
ORDINANCE NO.817
AN ORDINANCE OF THE CITY OF MEDINA AMENDING CHAPTER
15.04 OF THE MEDINA MUNICIPAL CODE RELATING TO THE
STATE BUILDING CODE, ADOPTING STATE BUILDING CODE
PROVISIONS AND AMENDMENTS THERETO; AMENDING SECTIONS
2.78.070 AND 14.04.070 TO REMOVE REFERENCES TO THE UNIFORM
BUILDING CODE; REPEALING SECTION 17.84.050 PERTAINING TO
FENCING; AND ESTABLISHING EFFECTIVE DATE.
WHEREAS, pursuant to RCW 19.27.031, the City is required to adopt the provisions of
the State Building Code; and
WHEREAS, recent amendments to the State Building Code became effective July 1,
2007; and
WHEREAS, the City wishes to adopt the amendments to the State Building Code, along
with other building -related code provisions; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Previous City Council Action Revealed. On June 11, 2007 the Medina
City Council adopted the State Building Code as updated with the 2006 editions of the building -
related codes that are published by the International Code Council (ICC). The City Council
simultaneously adopted a new set of local amendments to the State Building Code. These
included administrative amendments and one substantive amendment relating to fire sprinklers.
The entire ordinance was to have a delayed effective date. It was to become effective upon the
State Building Code Council's review and approval of the local amendments. Upon consultation
with the State Building Code Council, an alternative adoption process is being undertaken by the
City at this time as reflected in Sections 2, 3 and 4 of this ordinance. Therefore, the ordinance
passed by the City Council on June 11, 2007 is hereby repealed.
Section 2. Updated State Building Code Adopted with Previously — Adopted
Amendment for Fire Sprinklers. [Al)
Section 2A. State Building Code. Section 15.04.010 of the Medina Municipal Code
is hereby amended to read as follows:
15.04.010 State building code adopted.
All construction activity and construction materials in the city shall be
governed by the State Building Code as adopted in Chapter 96, Laws of 1974, as
updated by the State Building Code Council on November 17, 2006, to include
the 2006 editions of the International Code Council (ICC) building, mechanical,
Ordinance No. 817
and fire codes, and the 2006 edition of the Uniform Plumbing Code and the
Uniform Plumbing Code Standards, published by the International Association
of Plumbing and Mechanical Officials (IAPMO). Also adopted are the most
current editions of NFPA 54 and 58 (International Fuel Gas Code). All codes
referenced in this State legislation are hereby adopted by reference and included
as if set forth herein in their entirety. This adoption shall include all other related
codes, standards, and amendments to the referenced codes promulgated by the
State Building Code Council.
Section 2B. International Building Code - Section 101.2, Exception 1, Amended.
Section 15.04.015 of the Medina Municipal Code is hereby repealed in its entirety.
Section 2C. International Residential Code - Appendix G. Subsection 15.04.020.13
of the Medina Municipal Code is hereby amended to read as follows:
B. Appendix G, as may be amended from time to time, of the International
Residential Code is hereby adopted by reference and included as if set forth
herein in its entirety. All administrative and enforcement provisions of the IRC
shall apply to Appendix G in the same manner that they apply to other elements
of the IRC.
Section 2D. Certificate of Occupancy. A new Section 15.04.042 is hereby added to
the Medina Municipal Code to read as follows:
15.04.042 Certificate of Occupancy.
When a series of related permits, such as grading, drainage, tree mitigation,
swimming pool, fencing, or permits for separate accessory buildings, are issued
in conjunction with a building permit for the renovation, reconstruction, or new
construction of a residence, the Certificate of Occupancy for the residence shall
not be issued until all regulated work under all related permits and all work
included in the scope of work identified in the City's Construction Mitigation
review has been completed, inspected, and approved.
Section 2E. Temporary Certificate of Occupancy. A new Section 15.04.043 is
hereby added to the Medina Municipal Code to read as follows:
15.04.043 Temporary Certificate of Occupancy.
When there are one or more unapproved revisions or additions to the scope of
work, or when the work remaining to be completed on any project is substantial,
as determined by the Building Official, or when the work on the residence, or on
any related permits, has stopped or has been suspended for any reason for a
period of at least 180 days, the Building Official may require the owner to post a
performance bond with the City prior to issuing a Temporary Certificate of
Occupancy. The amount of the bond shall be determined by the scope and the
nature of the unfinished work. The performance bond shall be in the form of a
cash deposit or a set -aside agreement with the institution funding the project.
Ordinance No. 817 2
Section 2F. Relationship of International Building Code and International
Residential Code. A new Section 15.04.015 is hereby added to the Medina Municipal Code to
read as follows:
15.04.015 International Building Code — Section 101.2, Exception 1,
amended.
Exception 1 of Section 101.2 of the International Building Code is hereby
amended to read as follows:
1. New and reconstructed detached one and two-family dwellings not more than three
stories in height or 3,000 square feet or less in area, and additions or remodel activity that
does not exceed 25% of the value of the existing structure may be constructed using the
provisions of the International Residential Code (IRC), as amended by the State Building
Code Council. All buildings and additions to buildings constructed under the IRC shall
comply with the code provisions in the International Fire Code, the State Energy Code,
the State Ventilation and Indoor Air Quality Code, and the Uniform Plumbing Code and
Standards.
Section 2G. Handrail Exemption. Section 15.04.050 of the Medina Municipal Code
is hereby repealed in its entirety.
Section 2H. Fencing Section 17.84.050 of the Medina Municipal Code is hereby
repealed in its entirety.
Section 2I. Hearing Examiner Duties. Subsection 2.78.070.A of the Medina
Municipal Code is hereby amended to read as follows:
A. Appeals of administrative decisions/determinations, including but not
limited to SEPA determinations, lot line adjustments, short subdivisions,
administrative interpretations, code enforcement and any other decisions
affecting a landowner's ability to develop property within the city;
Section 2J. Administrative Processing, Appeals. Subsection 14.04.070.A of the
Medina Municipal Code is hereby amended to read as follows:
A. The following project permit applications are processed administratively
by the city. Any person aggrieved by an administrative decision granting,
denying, modifying or limited a project permit application may appeal such
decision to the hearing examiner.
1. Building permits;
2. Administrative variances;
3. Lot line adjustments;
4. Short plats;
5. Grading and drainage permits; and
6. Mechanical permits.
Ordinance No. 817 3
Section 3. Previously -Adopted Local Amendment for Fire Sprinklers to Be
Replaced with New Local Amendment for Fire Sprinklers in Future.
A new Section 15.04.044 is hereby added to the Medina Municipal Code to read as follows:
15.04.044 International Residential Code - Fire Sprinklers.
A new Section R328 is hereby added to the International Residential Code to
read as follows:
R328 Fire Sprinklers.
R328.1 General. All new residences and all residences that are modified by an
addition or a renovation and such addition or renovation constitutes
reconstruction as defined in MMC 17.12.010 shall have fire sprinklers installed
throughout.
Exception: New residences that are less than 4,500 square feet in total
floor area, or existing residences that are added to or renovated, regardless
of designation as reconstruction, provided the access, fire flow, and
hydrant location are determined to be adequate and approved by the Fire
Marshal.
R328.2 Automatic fire sprinkler systems in one -and two-family dwellings shall
be installed throughout, including an attached garage, in accordance with NFPA
13R or 13D, as amended by the City of Bellevue Fire Marshal.
R328.3 All water supply, hose connections, monitoring devices, fire department
connections, and fire department access for fire sprinklers shall be installed in
accordance with the requirements of the City of Bellevue Fire Department.
Section 4. (Not Codified) City Council Adopts Findings in Support of
Proposed New Local Amendement for Fire Sprinkers. The City Council, upon considering
the issue, adopts the following findings as justification for the requested change set forth in
Section 3, above. This Section 4 shall not be codified:
A. The water purveyor for the City of Medina is the Bellevue Water Utility. The City of
Bellevue's Water Comprehensive Plan sets forth a goal of providing a minimum of 1,000
gallons per minute (gpm) of fire flow throughout the distribution system.
B. The existing water distribution system within the City of Medina was installed in the
1950's & 1960's, and was sized to meet the fire protection and domestic service
requirements at that time.
C. The existing water distribution system within the City of Medina is capable of delivering
fire flow in the range of 2-3,000 gpm on NE 12th Street, on NE 24th Street, and in several
short, isolated segments of the water line that are served by mains in two directions. The
balance of the available fire flow ranges from 400 to 1800 gpm.
D. The total number of permits for new residences in the last three years was 56 units. Based
on a random sampling of 16 new residences permitted in this time frame, the average new
home has 5,552 square feet of floor space. This is based on a range of 3,875 sf to 7,250 sf.
Ordinance No. 817 4
E. Table B 105.1 of the International Fire Code, as adopted by the City of Medina, requires a
minimum of 1,500 gpm fire flow for new residences with a floor area equal to or less than
3,600 sf. This fire flow requirement increases in steps, so that a residence with more than
6,000 sf would require a minimum of 2,250 gpm.
F. Because of the limited fire flow available, and the large size of the houses being
constructed, 8 1 % of the houses sampled were required to install fire sprinklers because the
fire flow was not adequate to serve the area of the house. The balance of the houses were
required to install fire sprinklers because of the code amendment adopted when the 2003
editions of the International Codes were adopted.
G. The City Council of the City of Medina adopted an amendment to the International Codes
in June of 2004 to regulate the construction of new residences of 3,000 sf and larger under
the International Building Code, which automatically made fire sprinklers a requirement in
virtually all new residences. The Building Code Council approved this amendment.
H. The preponderance of large new homes in relation to the low available fire flow indicates a
need for fire sprinklers to improve the fire fighting capability that is unique to the City of
Medina.
I. The proposed amendment to require fire sprinklers in new single family residences that are
built with more than 4,500 sf of floor area is deemed necessary by the City Council, and is
more restrictive than the original language in the International Residential Code. This
amendment would replace the 2004 amendment, and provide a more direct and obvious
requirement.
Section 5. Copies on File. Pursuant to RCW 35A.12.140, one copy of the above -
referenced codes shall be on file in the office of the Building Department for use and
examination by the public.
Section 6. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 7. Effective Date. All sections of this ordinance except for Section 3 shall be
in full force 5 days after publication of a legal notice. Section 3 shall be in full force after its
approval by the Building Code Council of the State of Washington. Upon Section 3 being
effective, then Section 15.04.015 shall be repealed[aa].
PASSED by the City Council and APPROVED by the Mayor of the City of Medina,
Washington, at a regular meeting thereof held this 24 day of September, 2007.
CITY OF MEDINA, WASHINGTON
Miles R. Adam, Mayor
Ordinance No. 817
ATTEST:
/Z4L," -
Ci Clerk, Rachel Baker
APPROVED AS TO FORM:
OFFICE OF CITY ATTORNEY
J
Wayne D aka, City Attorney
Passed:
Published:
Effective Date: D
Ordinance No. g I
SUMMARY OF ORDINANCE NO. 817
of the City of Medina, Washington
On October 8, 2007, the City Council of the City of Medina, Washington, adopted
Ordinance No. 817, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY OF MEDINA AMENDING CHAPTER 15.04 OF THE
MEDINA MUNICIPAL CODE RELATING TO THE STATE BUILDING CODE,
ADOPTING STATE BUILDING CODE PROVISIONS AND AMENDMENTS
THERETO; AMENDING SECTIONS 2.78.070 AND 14.04.070 TO REMOVE
REFERENCES TO THE UNIFORM BUILDING CODE; REPEALING SECTION
17.84.050 PERTAINING TO FENCING; AND ESTABLISHING EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of October 8, 2007.
R chel Baker, City Clerk
Ordinance No. 817 7