HomeMy WebLinkAboutOrdinance No. 08521
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Ordinance No. 852
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON,
REPEALING CHAPTERS 15.04, 15.08, 15.12 AND 15.16 OF THE MEDINA MUNICIPAL
CODE (MMC); AND ADOPTING NEW CHAPTERS RELATED TO THE
2009 UPDATES OF THE STATE BUILDING CODE AND READOPTING THE 2006
WASHINGTON STATE ENERGY CODE; AND AMENDING RELATED PROVISIONS OF
THE MEDINA MUNICIPAL CODE
WHEREAS, the Washington State Legislature adopted the International Building
Code, the International Residential Code, the International Mechanical Code, the Uniform
Plumbing Code, the International Fire Code; and the Washington State Energy Code and
directed that the State Building Code Council adopt these as part of the State Building Code;
and
WHEREAS, pursuant to chapter 19.27 RCW, the State Building Code Council
adopted the 2009 editions, with amendments, of the International Building, Residential,
Mechanical and Fire Code, the 2009 edition of the Uniform Plumbing Code, and the 2009
edition of the Washington State Energy Code as an update to the State Building Code; and
WHEREAS, pursuant to RCW 19.27.031, the State Building Code shall be in effect
in all Washington State cities and counties; and
WHEREAS, pursuant to chapter 51-50 WAC, the updated State Building Code goes
into effect July 1, 2010; and
WHEREAS, the City Council wishes to incorporate the updated State Building Code
into the Medina Municipal Code;
WHEREAS, the City is developing a Unified Development Code (UDC) and wishes to
incorporate the updated building codes into the Unified Development Code; and
WHEREAS, the adoption of an ordinance pertaining to building codes is exempt from
the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(20).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS
Section 1. Section 1.15.030 of the Medina Municipal Code is hereby amended to
read as follows:
This chapter applies to any violations of:
A. Title 17 MMC Zoning;
B. Chapter 8.04 MMC, Nuisances;
C. Chapter 8.06 MMC, Noise;
D. Chapter 12.28 MMC, Tree Code;
E. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way;
F. Chapter 14.12, Site Plan Review;
G. Chapter ((16.04)) 20.40, Building Codes;
H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities;
I. Chapter 18.04 MMC, Shoreline Management Master Program; and
J. Chapter 18.12 MMC, Environmentally Sensitive Areas.
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Section 2. A new chapter 12.10 of the Medina Municipal Code is adopted to read as
follows:
Sections:
12.10.010
12.10.020
12.10.040
12.10.050
12.10.060
12.10.070
12.10.080
12.10.090
12.10.100
12.10.110
12.10.120
12.10.130
12.10.010
Chapter 12.10
MOVING OF BUILDINGS
Applicability.
Permit — required.
Security deposit — Generally.
Other security guarantees.
Permit — conditions.
Inspections.
Permit— grounds for refusal.
Appeal
Return of fees and deposits.
Determination of route.
Responsibilities of applicant.
Enforcement.
Applicability.
This chapter is applied in conjunction with the building codes set forth in chapter 20.40 MMC
and shall apply to the movement of any building using City rights -of -way or property.
12.10.020 Permit — required.
No person, corporation, firm, or organization shall move any building over, along or across a
City right-of-way or property without first obtaining a building permit from the City as set forth
in MMC 20.40 MMC.
12.10.040 Security deposit — generally.
Upon receipt of an application, the City shall calculate an estimate of the expenses that will
be incurred in removing and replacing any property of the city, the removal and replacement
of which will be required by reason of the moving of the building through the city, together
with the cost of materials necessary to be used in making such removals and replacements.
The applicant shall be required to provide a cash security deposit to the City in the amount
equal to twice the estimated expenses.
12.10.050 Other security guarantees.
A. An application hereunder shall be accompanied by:
1. A cash deposit or corporate surety bond in the sum to be determined by the City as
indemnity for any damage which the city may sustain by reason of damage or injury
to any highway, street, or alley, sidewalk or other property of the city, which may be
caused by or be incidental to the moving of any building over, along or across any
street in the city; and
2. A public liability insurance policy, naming the city as an additional insured, providing a
sum determined by the City to satisfy any claim by private individuals, firms,
corporations or other entities arising out of, caused by or incidental to the moving of
any building over, along, or across any street in the city; and
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3. By a cash deposit or corporate surety performance bond in the sum of $2,000,
conditioned upon the applicant, within 6 months from the date of the issuance of such
permit:
a. Completing the construction, painting and finishing of the exterior of the
building, and
b. Faithfully complying with all requirements of this chapter, the building code,
and the other ordinances then in effect within the city, including but not limited
to applicant completing such work within 6 months from the date of the
issuance of such permit;
B. In the event the provisions of MMC 12.10.050(A)(3) are not complied with within the time
specified, the sum of $2,000 shall be forfeited to the city as a penalty for the default, and
this shall be in addition to any other penalties provided for failure to comply with the terms
of this chapter.
12.10.060 Permit — conditions.
As a condition of securing the permit:
A. The applicant shall furnish the city with a set of plans and specifications for the completed
building; and
B. The applicant shall, prior to making any application for such permit, or within 10 days
after making such application, cause all of the interior or exterior walls, ceilings or flooring
to be removed to such extent as may be necessary to permit the city building inspector to
examine the materials and type of construction of such building to ascertain whether it
does or can be rehabilitated to comply with all existing building codes and ordinances of
the city when located on a new site within the city. Said inspection shall be at the
applicant's expense.
C. The applicant shall, after receiving a permit to move the structure on city streets, notify
the administrator of the proposed date and time of such move. Such proposed date and
time must be approved by the city before any structure is moved on any city highway,
street or alley.
12.10.070 Inspections.
The City's Building Official shall inspect the building and the applicant's equipment to
determine whether the standards for issuance of a permit are met.
12.10.080 Permit — grounds for refusal.
The City may refuse to issue a permit if it is found that:
A. Any application requirement or any fee or deposit requirement has not been complied
with;
B. The building is too large to move without endangering persons or property in the city;
C. The building is in such a state of deterioration or disrepair or is otherwise so structurally
unsafe that it could not be moved without endangering persons or property in the city;
D. The building is structurally unsafe or unfit for the purpose for which moved, if the building
is to be located in the city;
E. The applicant's equipment is unsafe and that persons and property would be endangered
by its use;
F. Zoning or other ordinances would be violated by the building in its new location;
G. For any other reason persons or property in the city would be endangered by the moving
of buildings.
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12.10.090 Appeal
Any person aggrieved by the action of the administrator in refusing to issue a permit under
this chapter shall have the right to appeal such action to the hearing examiner pursuant to
chapter 2.78 MMC by filing a notice of appeal with the city clerk within 14 days of receiving
notice of the action from which appeal is taken.
12.10.100 Return of fees and deposits.
A. Return Upon Non -issuance. Upon the refusal of the administrator to issue a permit, the
administrator shall return to the applicant all fees, deposits and bond.
B. Return Upon Allowance for Expense. After the building has been moved, the City shall
prepare a written statement of all expenses incurred in removing and replacing all
property belonging to the city, and all material used in the making of the removal and
replacement together with a statement of all damage caused to or inflicted upon property
belonging to the city. The City shall return to the applicant all deposits after deduction of
a sum sufficient to pay for all of the cost and expenses and for all damage done to
property of the city by reason of the building.
12.10.110 Determination of route.
The City Engineer or designee shall designate the streets over which the building may be
moved. The designation of the streets shall be made with input from the City police
department. In designating the streets, the City shall act to assure maximum safety to
persons and property in the city and to minimize congestion and traffic hazards on public
streets.
12.10.120 Responsibilities of applicant.
Every applicant under this chapter shall:
A. Use Designated Streets. Move a building only over streets designated for such use in the
permit;
B. Notify of Revised Moving Time. Notify the City in writing of a desired change in moving
date and hours as proposed in the application;
C. Notify of Damage. Notify the City in writing of any and all damage done to property
belonging to or located within the city within 24 hours after the damage or injury has
occurred;
D. Display Lights. Cause red lights to be displayed during the nighttime on every side of the
building, while standing on a street, in such manner as to warn the public of the
obstruction, and shall at all times erect and maintain barricades across the streets in such
manner as to protect the public from danger or injury by reason of the moving of the
building;
E. Street Occupancy Period. Remove the building from the city streets after 12 hours of
such occupancy, unless an extension is granted by the administrator;
F. Comply with Governing Law. Within 6 months from the date of issuance of the permit,
comply with all city building, fire and zoning ordinances, and all other applicable
ordinances and laws upon relocating the building in the city;
G. Safeguard Installation Site. Provide adequate barriers and warnings at any site within the
city where a building is to be located, sufficient to prevent access to any construction or
excavation site, by children or adults, during all phases of construction;
H. Pay Expense of Officer. Pay the expenses of a traffic officer ordered by the administrator
to accompany the movement of the building to protect the public from injury;
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I. Clear Premises. Remove all rubbish and materials and fill all excavations to existing
grade at the original building site and at the site at which the building is relocated so that
the premises are left in a safe and sanitary condition.
12.10.130 Enforcement.
A. Enforcement shall be pursuant to the notice of violation procedures set forth in MMC 1.15
MMC and the nuisances provisions in chapter 8.04 MMC.
B. Applicant Liable for Expense Above Deposit. The applicant shall be liable for any
expense, damages or costs in excess of deposited amounts or securities, and the city
attorney may prosecute an action against the applicant in a court of competent
jurisdiction for the recovery of such excessive amounts.
C. Premises Left Unsafe. The City may proceed with an abatement action pursuant to
chapter 8.04 MMC to do any work necessary to put the original premises, or the site at
which the building is relocated, in a safe and sanitary condition, where applicant does not
comply with the requirements of this chapter, and the cost thereof shall be charged
against the general deposit.
D. Cost of Enforcement. The applicant shall be responsible for all costs, including
reasonable attorneys' fees, incurred by the city in enforcing the requirements of this
chapter
Section 3. Chapter 15.04 of the Medina Municipal Code is hereby repealed.
Section 4. Chapter 15.08 of the Medina Municipal Code is hereby repealed.
Section 5. Chapter 15.12 of the Medina Municipal Code is hereby repealed.
Section 6. Chapter 15.16 of the Medina Municipal Code is hereby repealed.
Section 7. Section 17.76.030 of the Medina Municipal Code is hereby amended to
read as follows:
The placement of a guard rail on top of a retaining wall may exceed the maximum height
allowances by up to four feet provided that:
A. The Building Official determines a guard rail is required pursuant to the building codes
adopted in chapter ((16.04)) 20.40 MMC; and
B. The component solid portions of the guard rail are evenly distributed and constitute no
more than 50 percent of the total surface area of the guard rail.
Section 8. Section 17.76.070 of the Medina Municipal Code is hereby amended to
read as follows:
A building permit is required to be obtained from the city prior to construction or repair of a
fence, wall or bulkhead, unless exempt pursuant to MMC ((15.04.030)) 20.40.050.
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I Section 9. A new chapter 20.40 of the Medina Municipal Code is hereby adopted to
2 read as follows:
3
4 Chapter 20.40
5 BUILDING CODES
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7 Sections:
8 20.40.010 State Building code adopted.
9 20.40.015 Washington State Energy Code adopted.
10 20.40.020 International Building Code — Subsection 101.2 amended.
11 20.40.030 Additional provisions adopted.
12 20.40.040 Building permit fees.
13 20.40.050 Work exempt from permit — subsections 105.2 and R105.2 amended.
14 20.40.060 Expiration — subsections 105.5 and R105.5 amended.
15 20.40.070 Work commencing before permit issuance — subsections 109.4 and R108.6
16 amended.
17 20.40.080 Certificate of Occupancy.
18 20.40.090 Other Inspections — subsections 110.3.8 and R109.1.5 amended.
19 20.40.100 Temporary certificate of occupancy — subsections 111.3 and R110.4
20 amended.
21 20.40.110 International building code, Appendix J (Grading) — section J103.2 amended.
22 20.40.115 International building code, Appendix J (Grading) — section J104 amended.
23 20.40.120 Definition of "chief" or "fire code official."
24 20.40.130 Plans submittal — compliance with international fire code.
25 20.40.140 Plans submittal —fire code official determination.
26 20.40.150 Review and inspections by fire department — fees.
27 20.40.160 Appeals.
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29 20.40.010 State Building code adopted.
30
31 All construction activity and construction materials in the city shall be governed by the State
32 Building Code as adopted in Chapter 96, Laws of 1974, as updated by the State Building
33 Code Council to include the 2009 editions of the following codes with amendments:
34 A. International Building Code;
35 B. ICC/ANSI A117.1-03,
36 C. Accessible and Usable Buildings and Facilities;
37 D. International Residential Code;
38 E. International Mechanical Code;
39 F. Liquefied Petroleum Gas Code (NFPA 58);
40 G. National Fuel Gas Code (NFPA 54) for LP Gas;
41 H. International Fire Code;
42 I. Uniform Plumbing Code;
43 J. International Existing Buildings Code; and
4445 K. National Electrical Code (NFPA 70).
46 20.40.015 Washington State Energy Code adopted.
47 All construction activity and construction materials in the city shall be governed by the 2006
48 Washington State Energy Code as adopted in Chapter 96, Laws of 1974, as updated by the
49 State Building Code Council
50
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20.40.020 International Building Code — Subsection 101.2 amended.
2 Subsection 101.2 of the International Building Code is amended to read as follows:
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101.2 Scope. The provisions of this code shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures.
Exception: 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 percent 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 Codes 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.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically
adopted.
20.40.030 Additional provisions adopted.
The following optional provisions are adopted and incorporated into the Building Code:
A. Appendix J, Grading, of the International Building Code (IBC) and amendments thereto.
All administrative and enforcement provisions of the IBC and Medina Municipal Code
shall apply to this appendix in the same way that they apply to other elements of the
code.
B. Appendix B, Fire Flow Requirements for Buildings, and Appendix C, Fire Hydrant
Locations and Distribution of the International Fire Code (IFC) and amendments thereto.
All administrative and enforcement provisions of the IFC and the Medina Municipal Code
shall apply to these appendixes in the same way that they apply to other elements of the
code.
C. Appendix C, Exit Terminals of Mechanical Draft and Direct -Venting Systems, Appendix
H, Patio Covers, and Appendix R, Dwelling Unit Fire Sprinkler Systems of the WAC 51-
51-60105 of the International Residential Code (IRC) and amendments thereto. All
administrative and enforcement provisions of the IRC and the Medina Municipal Code
shall apply to these appendixes in the same way that they apply to other elements of the
code.
20.40.040 Building permit fees.
All permits issued by the City of Medina in conformance with the provisions of the referenced
codes in this title shall be subject to a plan review fee and/or a permit fee as prescribed in
Tables A, B, and C as adopted in chapter 17.44 and chapter 3.64 MMC. These fee
schedules are adopted by reference and incorporated into this title as though set forth herein
in their entirety.
20.40.050 Work exempt from permit -subsections 105.2 and R105.2 amended.
Subsection 105.2, of the IBC and Subsection R105.2, of the IRC, which lists work of a
building nature that is exempt from building permit requirements, are amended to read as
follows:
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Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses
and similar uses, provided the floor area does not exceed 120 square feet.
2. All fences not over 4 feet in height above the existing or finished grade, whichever is
lower.
3. New fences or repair to existing fences not exceeding a fair market value of $3,000 and 6
feet in height above grade. This exemption shall not apply to structures designed or
intended to be used for sound attenuation purposes.
4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing
to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA
liquids.
5. 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.
6. Temporary motion picture, television and theater stage sets and scenery limited to being
erected not more than 30 days.
7. Temporary, prefabricated or mobile structures to be used on -site during construction and
removed upon completion of the project.
8. Swings and other playground equipment accessory to detached one and two family
dwellings and not affecting the structural coverage allowance of the lot.
9. Interior and exterior trim, painting, papering, tiling, cabinets, counter tops, carpeting,
finished flooring and other similar finish work for which inspection to verify code
compliance is not required.
10. Pre -fabricated swimming pools located above grade that contain water not over 24
inches in depth.
11. Ornamental or decorative ponds or pools that contain water not over 24 inches in depth.
12. Non -fixed and moveable fixtures, cases, racks, counters and partitions not over 5 feet, 9
inches, in height.
13. Any work not regulated by provisions of this code or any elements of the State Building
Code.
The listings of exemptions for Electrical, Gas and Mechanical shall remain unchanged.
20.40.060 Expiration — subsections 105.5 and R105.5 amended.
Subsection 105.5 of the International Building Code and Subsection R105.5 of the
International Residential Code are hereby amended to read as follows:
Expiration. Every permit issued shall become invalid unless the work authorized by
such permit is commenced within 180 days after its issuance. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not more than
180 days each. The extension shall be requested in writing and justifiable cause
demonstrated. The processing of the extension may be subject to a fee set forth in the
adopted fee schedule.
All work authorized by a permit shall be completed and final inspections made within 18
months from the date the permit is issued and all permits shall finally expire by limitation
18 months from the date of issuance.
If work or inspections are incomplete at the time a building permit expires, the property
owner or their authorized agent may renew action on an expired building permit by
obtaining a new permit and paying a new permit fee. The permit fee shall be based upon
the building official's determination of percentage of inspection completed and the fee
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schedule in effect at the time a new permit application is submitted. However, the permit
fee shall not be less than 25 percent of the fee calculated using the fee schedule in effect
at the time the new permit application is submitted. Any previous fees owed on the
expired permit shall be paid before a new permit is issued.
If work or inspections are incomplete at the time a permit, other than a building permit,
expires, the property owner or their agent may renew action on the expired permit by
obtaining a new permit and paying a new full permit fee based upon the fee schedule in
effect at the time the new permit application is submitted.
20.40.070 Work commencing before permit issuance — subsections 109.4 and
R108.6 amended.
Subsection 109.4 of the International Building Code and Subsection R108.6 of the
International Residential Code are amended to read as follows:
Any person who commences work requiring a permit on a building, structure, electrical,
gas or plumbing system before obtaining the necessary permits shall be subject to an
investigation and administration fee equal to the amount of the permit fee. This fee is in
addition to all other fees that may apply to the project.
20.40.080 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 and all fees and charges
have been paid.
20.40.090 Other Inspections — subsections 110.3.8 and R109.1.5 amended.
Subsection 110.3.8 of the International Building Code and Subsection R109.1.5 of the
International Residential Code are amended to read as follows:
In addition to regular code specified inspections, special inspections, and structural
observations required by this code, the building official may require visual observation and
testing to confirm compliance with approved construction documents for structural systems,
mechanical systems, plumbing systems, and energy systems. This inspection requirement
shall apply to all projects involving 4,000 square feet or greater of new or additional floor
area, or where the building official determines such a requirement is necessary. All costs for
inspections under this subsection are the responsibility of the permit holder.
20.40.100 Temporary certificate of occupancy — subsections 111.3 and R110.4
amended.
Subsection 111.3 of the International Building Code and Subsection R110.4 of the
International Residential Code are amended to read as follows:
Temporary occupancy. The building official is authorized, but not required, to issue a
temporary certificate of occupancy before completion of the entire work covered by the
permits issued, provided that such portion or portions shall be occupied safely. A
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temporary certificate of occupancy may only be issued in association with a valid building
permit. A cash financial guarantee shall be required in an amount set at 50 percent of
the permit fee, or $10,000, whichever is the lesser amount. A temporary certificate of
occupancy is valid for a period not to exceed 90 days from the date of issuance.
Administration fees for costs incurred by the city to process the temporary certificate of
occupancy will be assessed per the adopted fee schedule.
20.40.110 International building code, Appendix J (Grading) - section J103.2
amended.
Subsection J103.2, of the IBC, which lists work of a grading nature that is exempt from
permit requirements, 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 not exceeding 25
cubic yards.
3. Refuse disposal sites controlled by other regulations.
4. All excavation for wells for utilities.
5. All excavation for trenches for utilities requiring a right-of-way permit.
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.
8. Excavations and grading involving the movement of 25 cubic yards of earth or less,
and not involving a critical area.
9. A fill less than one foot in depth, and placed on natural terrain with a slope flatter than
5 horizontal to one vertical, or less than 3 feet in depth, not intended to support any
structures, which does not exceed 25 cubic yards on any one lot and does not
obstruct a drainage course.
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.
20.40.115 International building code, Appendix J (Grading) — section J104
amended.
Section J104 of Appendix J of the International Building Code is amended to add a new
subsection to read as follows:
J104.5 Review by the City Engineer. In addition to the plan review by the Building
Official, all requests for grading permits shall be submitted to the City Engineer or
designee for review and comment prior to approval and issuance of the permit by the
Building Official.
20.40.120 Definition of "chief" or "fire code official."
All references to "chief" within this chapter and within the International Fire Code shall refer
to the Chief of the Bellevue Fire Department. All references to "fire code official' shall refer
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to the authority designated by the chief, or a duly authorized representative, who is charged
with the administration and enforcement of the fire code.
20.40.130 Plans submittal — compliance with international fire code.
Before a building permit application shall be submitted to the City for a new residence or new
accessory structure or for an improvement to an existing residence or accessory structure,
which improvement constitutes reconstruction, the applicant shall submit plans and data to
the Bellevue Fire Department for review and determination of compliance with the
International Fire Code. The submittal shall contain sufficient data as the fire code official
shall require for making such a determination. The provisions of this section are also
applicable to all projects under the provisions set forth in MMC 20.40.020.
20.40.140 Plans submittal — fire code official determination.
When the fire code official has determined the plans for a proposed project comply with the
International fire Code, including any stipulated conditions, the applicant shall obtain the fire
code official's approval on two sets of plans. The set of plans with the fire code official's
approval shall be included in the documents for the building permit application that is
submitted to the City and shall be incorporated into the approved set of building permit
documents together with all conditions and inspection requirements noted or required by
code.
20.40.150 Review and inspections by fire department — fees.
The City is authorized to charge and collect fees to recover the cost to the City for the
services of the Bellevue Fire Department related to determining compliance with the
international fire codes. The fees shall be based on the fee schedule adopted in chapter
17.44 and chapter 3.64 MMC.
20.40.160 Appeals.
In order to hear and decide appeals of orders, decisions or determinations made by the
Building Official or the Fire Code Official relative to the application and interpretation of the
State Building Code, applicants shall have a right of appeal to the Hearing Examiner, as
provided in Chapter 2.78 MMC. This appeal process shall replace any reference to a board
of appeals in the adopted codes.
An application for appeal shall be based on a claim that the true intent of the subject code or
the rules legally adopted there -under 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
hearing examiner shall have no authority to waive requirements of the State Building Code.
Section 10. A new chapter 20.41 of the Medina Municipal Code is hereby adopted to
read as follows:
CHAPTER 20.41
UNDERGROUND WIRING
Sections:
20.41.010
Required generally.
20.41.020
Entrance wiring.
20.41.010
Required generally.
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The provision of utilities in plats shall include improvement with underground electrical power
and telephone service to each building site.
20.41.020 Entrance wiring.
Entrance wiring for electrical power service or telephone service to each structure served
shall be by way of underground wiring so that no overhead wiring for such purposes is added
upon the building site, or between such site and the source of service in the street; provided,
however, that this requirement shall have reference only to new construction where, if such
new construction be for the purpose of remodeling an existing structure, the value of the
improvement exceeds that of the preexisting structure; and that if the applicant for a building
permit for such new construction files complete plans for the most economical sufficient
installation of such underground service and demonstrates that the cost of such service by
reason of the peculiar circumstances of his property will be extraordinary, then this
requirement may be waived until such time as the compelling circumstances of difficulty shall
have been obviated.
Section 11. A new chapter 20.42 of the Medina Municipal Code is hereby adopted to
read as follows:
Chapter 20.42
BUILDING NUMBERING
Sections:
20.42.010 Address number — designation and re -designation.
20.42.020 Address number — display.
20.42.030 Address number — placement required.
20.42.040 Violation — penalty.
20.42.010 Address number — designation and re -designation.
A. The Building Official shall be responsible for assigning a street address to each residence
or other building applying for a building permit. Such addresses shall be assigned based
upon a uniform system to be adopted by the Building Official, designed to facilitate
prompt response and location of the building by emergency vehicles.
B. The Building Official may re -designate street addresses to residences and buildings
where, in his opinion, an existing street address could be confusing or otherwise delay
the response time of emergency vehicles.
20.42.020 Address number — display.
The house number of each address previously or hereafter assigned to a residence shall be
posted in conformance with the requirements of this chapter with numerals at least three
inches high composed of durable and clearly visible material in colors contrasting with the
background.
A. Addresses for all residences which are clearly visible from a public street or road shall be
posted on said residence or on a secure and durable sign post in an area where they will
be clearly visible from the adjacent street or road.
B. Addresses of all residences not clearly visible from the public street or road shall be
conspicuously posted on a secure and durable sign post which is clearly visible from the
public street or road from which the building or residence obtains access.
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C. Where two or more residences obtain access by means of a private lane, the addresses
of all such residences shall be conspicuously posted on a secure and durable sign post
visible from the public road or street where the private lane originates and the address for
each individual residence shall be posted in similar manner at the point at which the
driveway or other access to the residence originates upon the private lane or on the
residence if the address is clearly visible from the lane.
20.42.030 Address number — placement required.
If the owner of any residence fails, refuses or neglects to place the numbers described in this
chapter, or to replace them when necessary, the Building Official may cause a notice to be
personally served on such owner, or upon any person residing in the residence or may serve
the notice by registered mail addressed to the owner or resident at his last known address,
ordering him to place or replace the number. Such owner or resident shall comply with such
notice within 10 days from the date of service.
20.42.040 Violation — penalty.
Violations of this chapter shall be subject to the notice of violation enforcement procedures
and penalties set forth in chapter 1.15 MMC.
Section 12. 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 of any other section, sentence,
clause, or phrase of this ordinance.
Section 13. Effective Date. This ordinance shall take effect July 1, 2010.
PASSED BY THE CITY COUNCIL ON THIS 14th DAY OF JUNE, 2010 AND SIGNED IN
AUTHENTICATION OF ITS PASSAGE ON THE DAY OF 2010.
Approved, s to.f
Bruce Disend, CitMttorney
Bret Jordan, Mayor
Atte
R chel Baker, City Clerk
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