8g Draft Resolution 3783
Item No. 8g _reso Meeting Date: January 26 , 2021 1 2 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 Code 7 Council, Building, Mechanical, Fire Codes and Fuel 8 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 14 Building Code and repealing Resolution No. 3745, 15 as Amended. 16 17 WHEREAS, in Resolution No. 3745, as amended, the Port Commission adopted 18 and amended Chapter 19.27 RCW, adopted Chapter 13.01, .06, .07, .08, and .09 of the 19 City of SeaTac Municipal Code, adopted Chapter 19.28 RCW, and adopted certain 2015 20 International Codes identified in RCW 19.27.031 to comprise the Airport Building Code; 21 and 22 WHEREAS, in Resolution No. 3527, as amended, the Port Commission adopted, 23 amended, and repealed certain sections of Chapter 13.06 City of SeaTac Municipal Code 24 that it previously adopted in Resolution No. 3454 to be part of the Airport Building Code; 25 WHEREAS, during the 2019 Regular Session, the Washington State Legislature adopted 26 Substitute House Bill (SHB) 1734 that repealed the Uniform Building Code Standards, 27 amended Chapter 19.27 RCW, and adopted certain International Codes identified in 28 RCW 19.27.031; and 29 WHEREAS, the Port Commission wishes to the Airport Building Code to 30 comply with the current provisions of Washington State law by adopting the 2018 31 International Codes as set forth in RCW 19.27.031 by the Washington State Legislature 1 Item No. 8g _reso Meeting Date: January 26 , 2021 32 to comprise the Airport Building Code along with certain other additions and 33 amendments to harmonize the code with the requirements for construction at Seattle- 34 Tacoma International Airport; and 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 39 of 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 No. 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 47 Accessible and Usable Buildings and Facilities, 2018 International Fire Code as modified 48 by the 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 2 [Annotation] Hart, Michelle Need to clarify the intent of this redlined edit. Is this meant to be strikeout of language? If so, please remove the red and make the strikeout clean like the others in the document. Thanks! [Annotation] Ellis, KC Yes, good catch. Thank You Michelle [Annotation] Ellis, KC Done Item No. 8g _reso Meeting Date: January 26 , 2021 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, 57 Appendix 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 60 matters 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: 63 The Department of Building Safety or the Airport Building Department 64 (ABD) is hereby created and the official in charge thereof shall be known 65 as the building official or code 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 68 authorized by such permit is commenced within 540 days after its 69 issuance, or if the work authorized on the site by such permit is suspended 70 or abandoned for a period of 540 days after the time the work is 71 commenced. The building official is authorized to grant, in writing, one 72 or more extensions of time, for periods not more than 180 days each. The 73 extension shall be requested in writing and justifiable cause demonstrated. 74 Section 7. Amend section 109.2 of the IBC, "Schedule of Permit Fees" to read as 75 follows: 3 Item No. 8g _reso Meeting Date: January 26 , 2021 76 On buildings, structures, electrical, gas, mechanical and plumbing systems 77 or alterations requiring a permit, a fee for each permit shall be paid as 78 required, in accordance with the schedule as established by the applicable 79 governing authority. See attached Permit Fee Table 109.2. See attached 80 Grade and Fill Permit Fee Table 109.3. 81 Section 8. Amend Section 109.4 of the IBC "Work Commencing before Permit 82 Issuance" to read as follows: 83 Any person who commences any work on a building, structure, electrical, 84 gas, mechanical or plumbing system before obtaining the necessary 85 permits shall be subject to a fee established by the building official that 86 shall be in addition to the required permit fees. A special investigation 87 shall be made before a permit may be issued for such work. An 88 investigation fee shall be collected whether or not a permit is then or 89 subsequently issued. The investigation fee shall be equal to the amount of 90 the permit fee required by this Code. The minimum investigation fee shall 91 be the same as the minimum fee set forth above. Payment of the 92 investigation fee does not authorize the illegal work in any manner, nor 93 does it exempt any person from compliance with all other provisions of 94 this Code, nor does it establish any right to an Airport permit for continued 95 development of that project. If work done remains illegal for ninety (90) 96 days after service of the Stop Work Order, it shall be considered 97 hazardous and abated per IBC section 116. 98 4 Item No. 8g _reso Meeting Date: January 26 , 2021 99 Section 9. Amend Section 109.6 of the IBC "Refunds" to read as follows: 100 The building official is authorized to establish a refund policy. The 101 building official may authorize the refunding of: one hundred percent 102 (100%) of any fee erroneously paid or collected; up to eighty percent 103 (80%) of the permit fee paid when no work has been done under a permit 104 issued in accordance with this Code; and/or up to eighty percent (80%) of 105 the plan review fee paid when an application for a permit for which a plan 106 review fee has been paid is withdrawn or canceled before plan review is 107 complete. If a plan review has been performed, there shall be no refund o f 108 the plan review fee. If the permit work has been performed and 109 corresponding inspections completed, then a refund shall be on a partially 110 pro- rated basis. The building official shall not authorize refunding of any 111 fee paid except on written application/request filed by the original 112 permitee not later than one hundred and eighty (180) days after the date of 113 fee payment. 114 If the work is abandoned or suspended, before the work can be 115 recommenced, a new permit shall be first obtained to do so, and the fee 116 therefore shall be one half (50%) the amount required for a new permit for 117 such work, unless changes have been made or will be made in the original 118 plans and specifications for such work, or the applicable codes have been 119 updated. In no event shall a refund be provided if suspension or 120 abandonment has exceeded one year. Otherwise, in order to renew action 5 Item No. 8g _reso Meeting Date: January 26 , 2021 121 on a permit after expiration, the permitee shall pay a new full permit fee 122 with the latest adopted Airport fee schedule. 123 Section 10. Amend Section 110.5 of the IBC "Inspection Requests" to read as 124 follows: 125 It shall be the duty of the holder of the building permit or their duly 126 authorized agent to notify the building official when work is ready for 127 inspection. It shall be the duty of the permit holder to provide access to 128 and means for inspections of such work that are required by this code. 129 Reinspection fees may be assessed when the inspection record card is not 130 posted or otherwise available on the work site, the approved plans are not 131 readily available to the inspector, for failure to provide access on the date 132 for which the inspection is requested, or for deviating from the approved 133 plans requiring the further approval of the building official. This section 134 is not to be interpreted as requiring reinspection fees the first time a job is 135 rejected for failure to comply with the requirements of this code, rather it 136 is intended to control the practice of calling for inspections before the job 137 is ready for such inspection or reinspection. A reinspection fee may be 138 assessed for each inspection or reinspection when such portion of work for 139 which inspection is called is not complete or when corrections called for 140 are not made. To obtain a reinspection, the applicant shall pay the 141 reinspection fee in accordance with Table 109.2. In instances where 142 reinspection fees have been assessed, no additional inspection of the work 143 will be performed until the required fees have been paid. 6 Item No. 8g _reso Meeting Date: January 26 , 2021 144 Section 11. Amend Section 113.3 of the IBC "Qualifications" to read as follows: 145 The board of appeals shall consist of members who are qualified by 146 experience and training to pass on matters pertaining to building 147 construction and are not employees of the jurisdiction. As an alternate, at 148 the discretion of the Port's Executive Director, an independent 3rd party 149 Hearing Examiner may be utilized. The Hearing Examiner shall have no 150 authority relative to interpretation of the administrative provisions of the 151 building code nor shall the Hearing Examiner be empowered to waive 152 requirements of the building codes. 153 Section 12. Amend Appendix Section B101.2 Membership of board to read as 154 follows: 155 The board of appeals shall consist of persons appointed by the Executive 156 Director chief appointing authority. 157 1. Each member shall hold office for a term of 1-5 years or until a 158 successor is appointed. 159 2. Port of Seattle employees shall not be voting members of the 160 board. 161 1. The board may request advisory assistance from people with 162 special expertise if it deems helpful. 163 Section 13. Amend Appendix Section B101.2.1 Alternate members to read as 164 follows: 165 The chief appointing authority shall appoint two or more alternate members who 166 shall be called by the board chairperson to hear appeals during the absence or 7 Item No. 8g _reso Meeting Date: January 26 , 2021 167 disqualification of a member. Alternate members shall possess the qualifications 168 required for board membership and shall be appointed for 5 years, or until a 169 successor has been appointed. 170 Section 14. Amend Appendix Section B101.2.6 Secretary to read as follows: 171 The chief administrative officer building official shall designate a 172 qualified clerk to serve as secretary to the board. The secretary shall file a 173 detailed record of all proceedings in the office of the chief administrative 174 officer building official. 175 Section 15. Amend Appendix Section B101.2.7 Compensation of members to 176 read as follows: 177 Compensation of members may include an honorarium. 178 Section 16. Amend Appendix Section J103.2 of the IBC Exemptions to read as 179 follows: A grading permit shall not be required for the following: 180 1. Grading in an isolated, self-contained area of 50 cubic yards or less, 181 provided there is no danger to the public and that such grading will not 182 adversely affect adjoining properties. 183 2. Excavation for construction of a structure permitted under this code. 184 3. Cemetery graves. 185 4. Refuse disposal sites controlled by other regulations. 186 5. Excavations for wells, or trenches for utilities. 187 6. Mining, quarrying, excavating, processing or stockpiling rock, sand 188 gravel, aggregate or clay controlled by other regulations, provided such 189 operations do not affect the lateral support of, or significantly increase 8 Item No. 8g _reso Meeting Date: January 26 , 2021 190 stresses in, soil on adjoining properties except for specific application to 191 Airport construction. The building official shall have the authority to 192 issue permits for quarrying and mining operations for specific application 193 to airport construction, and removal of sand, gravel, rock and other natural 194 deposits, together with the necessary buildings, apparatus or 195 appurtenances incident thereto. This permit may authorize rock crushers, 196 concrete batching plants and asphalt batching plants and similar 197 equipment in conjunction with such operations or allied uses. The 198 building official shall also have the authority to issue permits for the 199 removal of existing stockpiles of previously mined material for the 200 reclamation of land. The building official shall consider the effect of the 201 proposed operation on the city road system and any effect it may have on 202 surface or groundwater drainage and flood control, and shall make such 203 recommendations as necessary to protect the public interest in this regard. 204 The building official shall also consider the effect of the proposed 205 operation on the current and future land use in the area affected by the 206 proposed operation and shall condition permits as necessary to protect the 207 public interest in this regard. Quarrying and mining permits are good for 208 the life of any specific job but shall be reviewed annually. Each permit 209 site affected by the proposed operation shall be restored to the current or 210 future proposed land use in accordance with a Land Restoration Study 211 plan prepared per section J104.3. Such restoration shall be completed 212 within the term of the last permit issued before permanent abandonment of 9 Item No. 8g _reso Meeting Date: January 26 , 2021 213 the mining or quarrying operation. Prior to the exhaustion of materials or 214 the permanent abandonment of the quarrying or mining operation under a 215 permit as administered above, a Land Restoration Study plan shall be 216 submitted by a professional civil engineer licensed in the State of 217 Washington that shows how the property will be restored to a useful 218 condition. The Land Restoration Study plan may contain final grades, 219 final cut and fill slopes, tree plans, soil amendment plans, topsoil plans, 220 drainage plans, landscape plans, demolition of incidental buildings or 221 some combination of the previous scoping items. The building official 222 may require bonds in such form and amounts as may be deemed necessary 223 to ensure that the work, if not completed in accordance with the approved 224 plans and specifications, will be corrected to eliminate hazardous 225 conditions. In lieu of a surety bond, the applicant may file a cash bond or 226 instrument of credit with the building official in an amount equal to that 227 which would be required in the surety bond. 228 7. Exploratory excavations performed under the direction of a registered 229 design professional. 230 Exemption from the permit requirements of this appendix shall not be 231 deemed to grant authorization for any work to be done in any manner in 232 violation of the provisions of this code or any other laws or ordinances of 233 this jurisdiction. 234 235 10 Item No. 8g _reso Meeting Date: January 26 , 2021 236 Section 17. Adopt a new subsection 117 of the IBC to read as follows: 237 RCW 19.28 Electricians and Electrical Installations shall be adopted with 238 the latest edition of NFPA 70 commonly known as the National Electric 239 Code administered by the Department of Labor & Industries from the 240 State of Washington. 241 Section 18. Amend the schedule for building permit fees to read as depicted in 242 Exhibit "A" to this Resolution and is labeled "Table 109.2 Building Permit Fees." 243 Section 19. Amend the schedule for clearing and grading permit fees to read as 244 depicted in Exhibit "B" to this Resolution and is labeled "Clearing & Grading Permit 245 Fees." 246 ADOPTED by the Port Commission of the Port of Seattle, at a duly noticed 247 meeting held this 26th day of January, 2021, and duly authenticated in open session by 248 the signatures of the Commissioners voting in favor thereof and the seal of the 249 Commission. 250 251 _______________________________ 252 253 _______________________________ 254 255 _______________________________ 256 257 _______________________________ 258 259 _______________________________ 260 Port Commissioners 261 11
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