Item No. 10b_reso 
Meeting Date: January 12, 2021 

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3                                           RESOLUTION NO. 3783 
4 
5             A RESOLUTION        of  the  Port  Commission  of  the  Port  of  Seattle 
6                                       adopting  the  2018  editions  of  the  International
7                                       Code Council, Building, Mechanical, Fire Codes and
8                                       Fuel Gas Code, the 2018 Edition of the Uniform
9                                       Plumbing Code, and 2018 Washington State Energy
10                                    Code and the editorial changes made to the State
11                                    Building Code by the Washington State Legislature;
12                                    repealing certain sections of the Airport Building
13                                    Code; adopting new sections of the Airport Building
14                                    Code and repealing Resolution 3745, as Amended. 
15 
16            WHEREAS, in Resolution 3745, as amended, the Port Commission adopted and
17    amended Chapter 19.27 RCW, adopted Chapter 13.01, .06, .07, .08, and .09 of the City
18    of SeaTac Municipal Code, adopted Chapter 19.28 RCW, and adopted certain 2015 
19    International Codes identified in RCW 19.27.031 to comprise the Airport Building Code; 
20    and 
21            WHEREAS, in Resolution 3527, as amended, the Port Commission adopted,
22    amended, and repealed certain sections of Chapter 13.06 City of SeaTac Municipal Code
23    that it previously adopted in Resolution 3454 to be part of the Airport Building Code; 
24    and 
25            WHEREAS, during the 2019 Regular Session, the Washington State Legislature
26    adopted Substitute House Bill (SHB) 1734 that repealed the Uniform Building Code
27    Standards, amended Chapter 19.27 RCW, and adopted certain International Codes
28    identified in RCW 19.27.031; and 
29            WHEREAS, the Port Commission wishes to the Airport Building Code to comply
30    with the current provisions of Washington State law by adopting the 2018 International
31    Codes as set forth in RCW 19.27.031 by the Washington State Legislature to comprise
32    the Airport Building Code  along with certain other additions and amendments to
33    harmonize  the  code  with  the  requirements  for  construction  at  Seattle-Tacoma
34    International Airport; and 

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Item No. 10b_reso 
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35            WHEREAS, the Port Commission wishes to repeal, amend and adopt certain
36    other sections of the IBC and related codes so that the Airport Building Code will better
37    protect the public health, welfare and safety. 
38            NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of
39    Seattle that: 
40            Section 1. The Uniform Building Codes, as adopted and defined by Chap. 19.27
41    RCW and adopted in Chapters 13.01, .06, .07, .08, and .09 of the City of SeaTac Code,
42    and the Airport Building Code adopted by Resolution 3745, as amended, are hereby
43    repealed. 
44            Section 2. The 2018 amendments to Chap. 19.27 RCW, which adopted the
45    International Codes are hereby adopted as the Airport Building Code, including the 2018 
46    International Existing Building Code found in the IBC, the ICC/ANSI A117.1-09 Accessible
47    and Usable Buildings and Facilities, 2018 International Fire Code as modified by the
48    latest Rules for Airport Construction standard, the 2018 International Fuel and Gas
49    Code, the 2017 NFPA 58 Liquefied Petroleum Gas Code, and the 2018 International
50    Code Council Performance Code. 
51            Section 3. The 2018 International Codes adopted and defined by RCW 19.27.031
52    including the 2018 International Mechanical Code, 2018 International Residential Code,
53    2018 Washington State Energy Code, 2018 NFPA 54 National Fuel Gas Code, 2018 
54    Swimming Pool and Spa Code, and the 2018 Uniform Plumbing Code (UPC) are hereby
55    adopted as part of the Airport Building Code. 
56            Section 4. The 2018 International Building Code (IBC) and Appendix B, Appendix
57    E and Appendix J are hereby adopted as part of the Airport Building Code. 
58            Section 5. Delete section 101.4.6 of the IBC "Energy" as follows:
59    The provisions of the International Energy Conservation Code shall apply to all matters
60    governing the design and construction of buildings for energy efficiency. 
61            Section 6. Amend section 103.1 of the IBC "Creation of Enforcement Agency" to
62    read as follows: 

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63    The Department of Building Safety or the Airport Building Department (ABD) is hereby
64    created and the official in charge thereof shall be known as the building official or code
65    official or the ABD Senior Manager. 
66    Section 8. Amend Section 105.5 of the IBC "Expiration" to read as follows:
67    Every permit issued shall become invalid unless the work on the site authorized by such
68    permit is commenced within  540 days after its issuance, or if the work authorized on
69    the site by such permit is suspended or abandoned for a period of 540 days after the
70    time the work is commenced. The building official is authorized to grant, in writing, one
71    or more extensions of time, for periods not more than 180 days each.  The extension
72    shall be requested in writing and justifiable cause demonstrated. 
73            Section 7. Amend section 109.2 of the IBC, "Schedule of Permit Fees" to read as
74    follows:
75    On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations
76    requiring a permit, a fee for each permit shall be paid as required, in accordance with
77    the schedule as established by the applicable governing authority. See attached Permit
78    Fee Table 109.2. See attached Grade and Fill Permit Fee Table 109.3.
79            Section 8.  Amend Section 109.4 of the IBC "Work Commencing before Permit
80    Issuance" to read as follows:
81    Any  person  who  commences  any  work  on  a  building,  structure,  electrical,  gas,
82    mechanical or plumbing system before obtaining the necessary permits shall be subject
83    to a fee established by the building official that shall be in addition to the required
84    permit fees.  A special investigation shall be made before a permit may be issued for
85    such work.  An investigation fee shall be collected whether or not a permit is then or
86    subsequently issued.  The investigation fee shall be equal to the amount of the permit
87    fee required by this Code.  The minimum investigation fee shall be the same as the
88    minimum fee set forth above. Payment of the investigation fee does not authorize the
89    illegal work in any manner, nor does it exempt any person from compliance with all
90    other provisions of this Code, nor does it establish any right to an Airport permit for
91    continued development of that project. If work done remains illegal for ninety (90) days

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92    after service of the Stop Work Order, it shall be considered hazardous and abated per
93    IBC section 116. 
94            Section 9. Amend Section 109.6 of the IBC "Refunds" to read as follows:
95    The building official is authorized to establish a refund policy. The building official may
96    authorize the refunding of: one hundred percent (100%) of any fee erroneously paid or
97    collected; up to eighty percent (80%) of the permit fee paid when no work has been
98    done under a permit issued in accordance with this Code; and/or up to eighty percent
99    (80%) of the plan review fee paid when an application for a permit for which a plan
100    review fee has been paid is withdrawn or canceled before plan review is complete. If a
101    plan review has been performed, there shall be no refund of the plan review fee. If the
102    permit work has been performed and corresponding inspections completed, then a
103    refund shall be on a partially pro- rated basis.  The building official shall not authorize
104    refunding of any fee paid except on written application/request filed by the original
105    permitee not later than one hundred and eighty (180) days after the date of fee
106    payment.
107    If the work is abandoned or suspended, before the work can be recommenced, a new
108    permit shall be first obtained to do so, and the fee therefore shall be one half (50%) the
109    amount required for a new permit for such work, unless changes have been made or
110    will be made in the original plans and specifications for such work, or the applicable 
111    codes have been updated.  In no event shall a refund be provided if suspension or
112    abandonment has exceeded one year. Otherwise, in order to renew action on a permit
113    after expiration, the permitee shall pay a new full permit fee with the latest adopted
114    Airport fee schedule. 
115            Section 10.  Amend Section 110.5 of the IBC "Inspection Requests" to read as
116    follows:
117    It shall be the duty of the holder of the building permit or their duly authorized agent to
118    notify the building official when work is ready for inspection. It shall be the duty of the
119    permit holder to provide access to and means for inspections of such work that are
120    required by this code. Reinspection fees may be assessed when the inspection record

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121    card is not posted or otherwise available on the work site, the approved plans are not
122    readily available to the inspector, for failure to provide access on the date for which the
123    inspection is requested, or for deviating from the approved plans requiring the further
124    approval of the building official.  This section is not to be interpreted as requiring
125    reinspection fees the first time a job is rejected for failure to comply with the
126    requirements of this code, rather it is intended to control the practice of calling for
127    inspections before the job is ready for such inspection or reinspection.  A reinspection
128    fee may be assessed for each inspection or reinspection when such portion of work for
129    which inspection is called is not complete or when corrections called for are not made.
130    To obtain a reinspection, the applicant shall pay the reinspection fee in accordance with
131    Table 109.2.  In instances where reinspection fees have been assessed, no additional
132    inspection of the work will be performed until the required fees have been paid. 
133            Section 11. Amend Section 113.3 of the IBC "Qualifications" to read as follows:
134    The board of appeals shall consist of members who are qualified by experience and
135    training to pass on matters pertaining to building construction and are not employees of
136    the jurisdiction.  As an alternate, at the discretion of the Port's Executive Director, an
137    independent 3rd party Hearing Examiner may be utilized. The Hearing Examiner shall
138    have no authority relative to interpretation of the administrative provisions of the
139    building code nor shall the Hearing Examiner be empowered to waive requirements of
140    the building codes. 
141            Section 12. Amend Appendix Section B101.2 Membership of board to read as
142    follows: 
143    The board of appeals shall consist of persons appointed by the Executive Director chief
144    appointing authority. 
145        1.  Each member shall hold office for a term of 1-5 years or until a successor is
146            appointed. 
147        2.  Port of Seattle employees shall not be voting members of the board. 
148        1.  The board may request advisory assistance from people with special expertise if
149            it deems helpful. 

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150            Section 13.  Amend Appendix Section B101.2.1 Alternate members to read as
151    follows: 
152    The chief appointing authority shall appoint two or more alternate members who shall
153    be  called  by  the  board  chairperson  to  hear  appeals  during  the  absence  or
154    disqualification of a member.   Alternate members shall  possess the qualifications
155    required for board membership and shall be appointed for 5 years, or until a successor
156    has been appointed. 
157            Section 14. Amend Appendix Section B101.2.6 Secretary to read as follows: 
158    The chief administrative officer building official shall designate a qualified clerk to serve
159    as secretary to the board. The secretary shall file a detailed record of all proceedings in
160    the office of the chief administrative officer building official. 
161            Section 15. Amend Appendix Section B101.2.7 Compensation of members to
162    read as follows: 
163    Compensation of members may include an honorarium.
164            Section 16.  Amend Appendix Section J103.2 of the IBC Exemptions to read as
165    follows: A grading permit shall not be required for the following: 
166    1. Grading in an isolated, self-contained area of 50 cubic yards or less, provided there is
167    no danger to the public and that such grading will not adversely affect adjoining
168    properties. 
169    2. Excavation for construction of a structure permitted under this code. 
170    3. Cemetery graves. 
171    4. Refuse disposal sites controlled by other regulations. 
172    5. Excavations for wells, or trenches for utilities. 
173    6. Mining, quarrying, excavating, processing or stockpiling rock, sand gravel, aggregate
174    or clay controlled by other regulations, provided such operations do not affect the
175    lateral support of, or significantly increase stresses in, soil on adjoining properties 
176    except for specific application to Airport construction.  The building official shall have
177    the  authority  to  issue  permits  for  quarrying  and  mining  operations  for  specific
178    application to airport construction, and removal of sand, gravel, rock and other natural

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179    deposits, together with the necessary buildings, apparatus or appurtenances incident
180    thereto. This permit may authorize rock crushers, concrete batching plants and asphalt
181    batching plants and similar equipment in conjunction with such operations or allied
182    uses. The building official shall also have the authority to issue permits for the removal
183    of existing stockpiles of previously mined material for the reclamation of land.  The
184    building official shall consider the effect of the proposed operation on the city road
185    system and any effect it may have on surface or groundwater drainage and flood
186    control, and shall make such recommendations as necessary to protect the public
187    interest in this regard. The building official shall also consider the effect of the proposed
188    operation on the current and future land use in the area affected by the proposed
189    operation and shall condition permits as necessary to protect the public interest in this
190    regard. Quarrying and mining permits are good for the life of any specific job but shall
191    be reviewed annually.  Each permit site affected by the proposed operation shall be
192    restored to the current or future proposed land use in accordance with a Land
193    Restoration  Study  plan  prepared  per  section  J104.3.   Such  restoration  shall  be
194    completed within the term of the last permit issued before permanent abandonment of
195    the mining or quarrying operation. Prior to the exhaustion of materials or the
196    permanent abandonment of the quarrying or mining operation under a permit as
197    administered above, a Land Restoration Study plan shall be submitted by a professional
198    civil engineer licensed in the State of Washington that shows how the property will be
199    restored to a useful condition.  The Land Restoration Study plan may contain final
200    grades, final cut and fill slopes, tree plans, soil amendment plans, topsoil plans, drainage
201    plans, landscape plans, demolition of incidental buildings or some combination of the
202    previous scoping items. The building official may require bonds in such form and
203    amounts as may be deemed necessary to ensure that the work, if not completed in
204    accordance with the approved plans and specifications, will be corrected to eliminate
205    hazardous conditions.  In lieu of a surety bond, the applicant may file a cash bond or
206    instrument of credit with the building official in an amount equal to that which would be
207    required in the surety bond. 

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Item No. 10b_reso 
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208    7. Exploratory excavations performed under the direction of a registered design
209    professional. 
210    Exemption from the permit requirements of this appendix shall not be deemed to grant
211    authorization for any work to be done in any manner in violation of the provisions of
212    this code or any other laws or ordinances of this jurisdiction. 
213            Section 17. Adopt a new subsection 117 of the IBC to read as follows: 
214    RCW 19.28 Electricians and Electrical Installations shall be adopted with the latest
215    edition of NFPA 70 commonly known as the National Electric Code administered by the
216    Department of Labor & Industries from the State of Washington. 
217            Section 18. Amend the schedule for building permit fees to read as depicted in
218    Exhibit "A" to this Resolution and is labeled "Table 109.2 Building Permit Fees." 
219            Section 19. Amend the schedule for cleari ng and grading permit fees to read as
220    depicted in Exhibit "B" to this Resolution and is labeled "Clearing & Grading Permit
221    Fees." 
222            ADOPTED by the Port Commission of the Port of Seattle at a duly noticed
223    meeting thereof, held this              day of                          , 2021, and duly
224    authenticated in open session by the signatures of the Commissioners voting in favor
225    thereof and the seal of the Commission. 
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236                                                  Port Commissioners 
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