RESOLUTION

NO.

3745

A

RESOLUTION

of

the Port Commission

of

the Port

of

Seattle

adopting

the

2015 editions

of

the

International

Code

Council,

Building, Mechanical,

Fire

Codes

and

Fuel

Gas

Code, the 2015

Edition

of

the Uniform Plumbing

Code,

and 2015 Washington

State Energy Code

and

the editorial changes made

to

the State

Building Code by the Washington State Legislature; repealing

certain sections

of

the Airport Building Code; adopting new

sections

of

the Airport Building

Code

and

repealing Resolution

3527,

as

Amended.

WHEREAS,

in

Resolution 3527,

as

amended, the Port Commission adopted and

amended Chapter 19.27

RCW,

adopted Chapter 13.01, .06, .07, .08, and .09

of

the

City

of

SeaTac

Municipal

Code,

adopted Chapter 19.28

RCW,

and

adopted certain 2003

International

Codes

identified in

RCW

19.27.031

to

comprise the Airport Building Code;

WHEREAS,

in Resolution 3454,

as

amended, the Port Commission adopted,

amended, and repealed certain sections

of

Chapter 13.06 City

of

SeaTac

Municipal

Code

that

it

previously adopted in Resolution 3445

to

be part

of

the Airport Building Code;

WHEREAS,

during the 2003 Regular

Session,

the

Washington State Legislature adopted

Substitute House Bill

{SHB)

1734

that

repealed the Uniform Building

Code

Standards,

amended Chapter 19.27

RCW,

and adopted certain International

Codes

identified in

RCW

19.27.031;

WHEREAS,

the Port Commission wishes

to

the Airport Building

Code

to

comply

with

the current provisions

of

Washington State law by adopting the_2015 International

Codes

as

set forth

in

RCW

19.27.031 by the Washington State Legislature

to

comprise

the Airport Building

Code

along

with

certain

other

additions and amendments

to

harmonize

the

code

with

the

requirements

for

construction

at

Seattle-Tacoma

International

Airport;

and

WHEREAS,

the

Port Commission wishes

to

repeal, amend and adopt certain

other

sections

of

the

IBC

and related codes

so

that

the

Airport

Building Code will

better

protect

the

public health, welfare and safety.

NOW,

THEREFORE,

BE

IT

RESOLVED

by

the

Port Commission

of

the

Port

of

Seattle that:

Section

1.

The Uniform Building Codes,

as

adopted and defined by Chap. 19.27

RCW

and

adopted in Chapters 13.01, .06, .07, .08, and .09

of

the

City

of

SeaTac

Code, and

the

Airport

Building Code adopted

by

Resolution 3527,

as

amended, are hereby repealed.

Section

2.

The 2015 amendments

to

Chap

. 19.27

RCW,

which adopted

the

International

Codes are hereby adopted

as

the

Airport

Building Code, including

the

2015 International

Existing Building Code found in

the

IBC,

the

ICC/ANSI

A117.1-09 Accessible and Usable

Buildings and Facilities, 2015 International Fire Code

as

modified by

the

latest

Rules

for

Airport

Construction standard,

the

2015 International Fuel and

Gas

Code,

the

2014

NFPA

58 Liquefied Petroleum

Gas

Code, and

the

2015 International Code Council

Performance Code.

Section

3.

The 2015 International Codes adopted and defined by

RCW

19.27.031

including

the

International Mechanical

Code,

International Residential Code,

Washington State Energy Code,

NFPA

54 National Fuel

Gas

Code, Swimming Pool and

2

Spa

Code, and

the

Uniform Plumbing Code

(UPC)

are hereby adopted

as

part

of

the

Airport

Building Code.

Section

4.

The 2015 International Building Code

{IBC)

and Appendix

E_are

hereby

adopted

as

part

of

the

Airport

Building Code.

Section

5.

Section 101.2.1

IBC

Appendices

is

amended

to

read

as

follows:

Provisions in

the

appendices shall

not

apply unless specifically adopted. Appendix J

of

the

IBC

is

hereby adopted.

Section

6.

Delete section 101.4.6

of

the

IBC

"Energy"

as

follows:

Section

7.

Amend section 103.1

of

the

IBC

"Creation

of

Enforcement Agency"

to

read

as

follows:

The Department

of

Building Safety

or

the

Airport

Building Department

(ABD)

is

hereby

created and

the

official in charge

thereof

shall be known

as

the

building official

or

code

official

or

the

ABD

senior manager.

Section

8.

Amend Section 105.5

of

the

IBC

"Expiration"

to

read

as

follows:

Every

permit

issued shall become invalid unless

the

work

on

the

site authorized by such

permit

is

commenced

within

540 days

after

its issuance,

or

if

the

work

authorized on

the

3

site by such permit

is

suspended

or

abandoned

for

a period

of

540

days

after the

time

the work

is

commenced. The building official

is

authorized

to

grant, in writing, one

or

more extensions

oftime,

for

periods

not

more than 180 days each.

The

extension shall

be

requested in writing and justifiable

cause

demonstrated.

Section

9.

Amend section 109.2

of

the

IBC,

"Schedule

of

Permit Fees"

to

read

as

follows:

On

buildings, structures, electrical,

gas,

mechanical and plumbing systems

or

alterations

requiring a permit, a fee

for

each permit shall

be

paid

as

required, in accordance

with

the schedule

as

established by the applicable governing authority.

See

attached Permit

Fee

Table 109.2.

See

attached Grade

and

Fill Permit

Fee

Table 109.3.

Section 10. Amend Section 109.4

of

the

IBC

"Work

Commencing before Permit

Issuance"

to

read

as

follows:

Any person who commences any work

on

a building, structure, electrical,

gas,

mechanical

or

plumbing system before obtaining the necessary permits shall be subject

to

a fee established by

the

building official

that

shall be

in

addition

to

the required

permit fees. A special investigation shall be made before a

permit

may

be

issued

for

such

work.

An

investigation fee shall be collected whether

or

not

a permit

is

then

or

subsequently issued. The investigation fee shall

be

equal

to

the

amount

of

the permit

fee required by this Code. The minimum investigation fee shall

be

the same

as

the

minimum fee set forth above. Payment

of

the

investigation fee does not authorize the

illegal

work

in any manner,

nor

does

it

exempt any person from compliance

with

all

4

other provisions

of

this Code,

nor

does

it

establish any right

to

an

Airport permit

for

continued development

of

that

project.

If

work

done remains illegal

for

ninety {90} days

after service

of

the Stop Work Order,

it

shall be considered hazardous

and

abated per

IBC

section 116.

Section 11. Amend

Section

109.6

of the

IBC

"Refunds" to

read

as

follows:

The

building official

is

authorized

to

establish a refund policy. The building official may

authorize

the

refunding of: one hundred percent (100%}

of

any fee erroneously paid

or

collected; up

to

eighty percent

(80%}

of

the

permit

fee paid when no work

has

been

done under a permit issued in accordance

with

this Code;

and/or

up

to

eighty percent

(80%)

of

the

plan review fee paid when

an

application

for

a permit

for

which a plan

review fee

has

been paid

is

withdrawn

or

canceled before plan reviewing

is

done.

If

a

plan review has been performed, there shall be no refund

of

the plan review fee.

If

the

permit work

has

been performed

and

corresponding inspections completed, then a

refund shall be on a partial pro- rated

basis.

The building official shall

not

authorize

refunding

of

any fee paid except on written application/request filed by the original

permitee

not

later than one hundred and eighty (180) days

after

the

date

of

fee

payment.

If

the work

is

abandoned

or

suspended, before the work

can

be recommenced, a new

permit shall

be

first obtained

to

do

so,

and the fee therefore shall be one half (50%) the

amount required

for

a new permit

for

such

work, provided no changes have been made

or

will

be

made

in

the original plans

and

specifications

for

such work, nor a code cycle

5

has occurred and provided

further

that

such

suspension

or

abandonment

has

not

exceeded one year. Otherwise, in

order

to

renew action

on

a permit after expiration,

the

permitee shall pay a new full

permit

fee

with

the latest adopted Airport fee

schedule.

Section 12. Amend Section 110.5

of

the

IBC

"Inspection Requests"

to

read

as

follows:

It

shall be the

duty

of

the holder

of

the

building permit

or

their

duly authorized agent

to

notify

the building official when

work

is

ready

for

inspection. It shall be the duty

of

the

permit

holder

to

provide

access

to

and means

for

inspections

of

such

work

that

are

required by this code. Reinspection fees may be

assessed

when

the

inspection record

card

is

not

posted

or

otherwise available on the work site, the approved plans are

not

readily available

to

the

inspector,

for

failure

to

provide

access

on

the date

for

which the

inspection

is

requested,

or

for

deviating from the approved plans requiring the

further

approval

of

the

building official. This section

is

not

to

be interpreted

as

requiring

reinspection fees

the

first time a

job

is

rejected

for

failure

to

comply

with

the

requirements

of

this code, rather

it

is

intended

to

control the practice

of

calling

for

inspections before the job

is

ready

for

such inspection

or

reinspection. A reinspection

fee may

be

assessed

for

each inspection

or

reinspection when

such

portion

of

work

for

which inspection

is

called

is

not

complete

or

when corrections called

for

are not made.

To

obtain a reinspection, the applicant shall pay the reinspection fee in accordance

with

Table 109.2.

In

instances where reinspection fees have been

assessed,

no additional

inspection

of

the

work

will

be

performed until the required fees have been paid.

6

Section 13. Amend Section 113.3

of

the

IBC

"Qualifications"

to

read

as

follows:

The board

of

appeals shall consist

of

members who are qualified by experience and

training

to

pass

on matters pertaining

to

building construction

and

are-n

ot

employees

of

the jurisdiction.

As

an

alternate, at the discretion

of

the Port's Executive Director,

an

independent 3rd party Hearing Examiner may

be

utilized.

The

Hearing Examiner shall

have no authority relative

to

interpretation

of

the administrative provisions

of

the

building code

nor

shall the Hearing Examiner be empowered

to

waive requirements

of

the building codes.

Section 14. Amend Appendix Section J103.2

of

the

IBC

Exemptions

to

read

as

follows: A

grading permit shall not

be

required

for

the following:

1.

Grading in

an

isolated, self-contained area

of

50 cubic yards

or

less.

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

except

for

specific application

to

Airport construction.

The

building official shall have

the

authority

to

issue permits

for

quarrying and mining operations

for

specific

application

to

airport construction, and removal

of

sand, gravel, rock and other natural

deposits,

together

with

the necessary buildings, apparatus

or

appurtenances incident

thereto. This

permit

may authorize rock crushers, concrete batching plants and asphalt

batching plants and similar equipment in conjunction

with

such operations

or

allied

uses.

The

building official shall also have the authority

to

issue permits

for

the removal

of

existing stockpiles of_previously mined material

for

the reclamation

of

land. The

building official shall consider

the

effect

of

the

proposed operation on the city road

system and any effect

it

may have on surface

or

groundwater drainage and flood

control, and shall make such recommendations

as

necessary

to

protect the public

interest in this regard. The building official shall also consider the effect

of

the

proposed

operation on

the

current and

future

land

use

in the area affected by the proposed

operation and shall condition permits

as

necessary

to

protect the public interest in this

regard. Quarrying and mining permits are good

for

the life

of

any specific

job

but

shall

be

reviewed annually.

Each

permit

site affected by the proposed operation shall be

restored

to

the

current

or

future

proposed land

use

in accordance

with

a

Land

Restoration Study plan prepared per section J104.3.

Such

restoration shall

be

completed

within

the term

of

the last permit issued before permanent abandonment

of

the mining

or

quarrying operation. Prior

to

the

exhaustion

of

materials

or

the

permanent abandonment

of

the

quarrying

or

mining operation under a permit

as

administered above, a

Land

Restoration Study plan shall be submitted by a professional

8

civil engineer licensed in

the

State

of

Washington

that

shows

how

the

property

will

be

restored

to

a useful condition. The Land Restoration Study plan

may

contain final

grades, final

cut

and

fill

slopes,

tree

plans, soil

amendment

plans,

topsoil

plans, drainage

plans, landscape plans,

demolition

of

incidental buildings

or

some

combination

of

the

previous scoping items. The

building

official

may

require

bonds in such

form

and

amounts

as

may

be deemed necessary

to

ensure

that

the

work,

if

not

completed

in

accordance

with

the

approved plans and specifications,

will

be corrected

to

eliminate

hazardous conditions.

In

lieu

of

a

surety

bond,

the

applicant may

file

a cash bond

or

instrument

of

credit

with

the

building

official in

an

amount

equal

to

that

which

would

be

required in

the

surety

bond.

7.

Exploratory excavations

performed

under

the

direction

of

a registered design

professional.

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.

Section 15.

Adopt

a

new

subsection 117

of

the

IBC

to

read

as

follows:

RCW

19.28 Electricians and Electrical Installations shall be adopted

with

the

latest

edition

of

NFPA

70

commonly

known

as

the

National Electric Code administered

by

the

Department

of

Labor & Industries

from

the

State

of

Washington.

Section 16. Amend

the

schedule

for

building

permit

fees

to

read

as

depicted in Exhibit

"A"

to

this Resolution and

is

labeled "Table 109.2 Building Permit Fees."

9

Section 17. Amend

the

schedule

for

clearing and grading permit fees

to

read

as

depicted in Exhibit "B"

to

this Resolution and

is

labeled "Clearing & Grading Permit

Fees."

ADOPTED

by

the

Port Commission

of

the

Port

of

Seattle at a duly noticed

meeting thereof, held this

l1:_day

of

tt,D(\h~,

20J{

and duly authenticated in open

session by the signatures

of

the Commissioners voting in favor

thereof

and

the

seal

of

the Commission.

RYAN

CALKiNS

~,......~~~=,L,:~~-=---F~P.--._r~•,-

~

:....::;;::::~=.!::::~~=

........:..

PETERSTEi~S~iji~K

COURTNEY

GREGOIRE

STEPHANIE

BOW!\W.J

Port Commission

10