Chapter 15.10
CONSTRUCTION CODES
Sections:
15.10.030 Sound and hours of construction.
15.10.050 Code conflicts resolution.
15.10.060 International Building Code adopted.
15.10.070 International Residential Code adopted.
15.10.080 International Mechanical Code adopted.
15.10.090 National Fuel Gas Code (NFPA 54) adopted.
15.10.100 Liquefied Petroleum Gas Code (NFPA 58) adopted.
15.10.110 International Fuel Gas Code adopted.
15.10.120 Uniform Plumbing Code adopted.
15.10.130 Washington State Energy Code adopted.
15.10.140 Washington Cities Electrical Code adopted.
15.10.150 International Existing Building Code adopted.
15.10.160 International Swimming Pool and Spa Code adopted.
15.10.170 International Wildland-Urban Interface Code adopted.
15.10.010 Short title.
This chapter is known as and may be referred to as the “city of Burien building and construction code” and may be cited as such. [Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.020 Purpose.
The purpose of the codes and regulations adopted by this title is to promote the health, safety, and welfare of the occupants or users of buildings and structures and the general public by the provision of construction codes throughout the city, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected by the terms of these codes and regulations. More specifically, this chapter is designed to effectuate the following purposes, objectives and standards:
(1) To set forth minimum performance standards and requirements for construction and construction materials, consistent with nationally accepted standards of engineering and fire and life safety.
(2) To permit the use of current technical methods, devices and improvements.
(3) To eliminate restrictive, obsolete, conflicting, duplicative and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.
(4) To provide standards and specifications for making buildings and facilities accessible to and usable by physically challenged persons.
(5) To consolidate the administration and enforcement of building and construction codes. [Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.030 Sound and hours of construction.
Sounds originating from construction sites, including but not limited to sound from construction equipment, power tools and hammering, are prohibited between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 5:00 p.m. and 9:00 a.m. on weekends, as regulated in BMC 9.105.400.
Exception: When either mitigating or exigent circumstances exist due to the nature or scope of the project as determined by the director of community development or building official written permission may be granted outside of the hours set forth. [Ord. 790 § 5, 2023; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.040 Referenced codes.
Specific codes referenced in the general codes adopted by this chapter shall be as follows:
(1) Any and all reference to the International Plumbing Code shall be replaced with the Uniform Plumbing Code as adopted in BMC 15.10.120.
(2) Any and all reference to the International Property Maintenance Code shall be replaced with the Burien Building and Property Maintenance Code as adopted in Chapter 15.40 BMC.
(3) Any and all reference to the International Electrical Code, National Electrical Code or NFPA 70 shall be replaced with the Burien Electrical Code as adopted in BMC 15.10.140. [Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.050 Code conflicts resolution.
(1) The codes enumerated in this title are adopted by the State Building Code Council as provided in RCW 19.27.074 and amended by the State Building Code Council from time to time, and are enacted by the State Legislature.
The State Legislature mandates, as provided in RCW 19.27.050, that all counties and cities throughout the state shall enforce the codes and all amendments thereto. Therefore, the city of Burien automatically adopts by reference these codes and their respective amendments as they are adopted and amended by the State Legislature.
(2) In case of conflict among the International Building Code, the International Residential Code, the International Mechanical Code, the International Fire Code and the Uniform Plumbing Code, the first named code shall govern over those following.
(3) In case of conflict between other codes and provisions adopted by this chapter, the code or provision that is the most restrictive, as determined by the building official, shall apply. [Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.060 International Building Code adopted.
The 2021 Edition of the International Building Code (IBC), as published by the International Code Council, Inc., and as adopted by the State Building Code Council in Chapter 51-50 WAC, and including Appendix Chapter E (Supplementary Accessibility Requirements), ICC A117.1 2017 (Accessible and Usable Buildings and Facilities), Appendix Chapter H (Signs), and Appendix Chapter J (Grading) excluding Chapter 1, Administration, is adopted by reference, together with the amendments set forth in this section. The Construction Administrative Code, as provided in Chapter 15.05 BMC, shall be used in place of IBC Chapter 1, Administration.
(1) The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. “Temporary growing structure” means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention. A temporary growing structure is not considered a building for purposes of this code.
(2) The provisions of this code do not apply to the construction, alteration, or repair of temporary worker housing, except as provided by rule adopted under Chapter 70.114A RCW or Chapter 37, Laws of 1998 (SB 6168). “Temporary worker housing” means a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy, and includes “labor camps” under RCW 70.54.110.
(3) The provisions of this code do not apply to vendor carts. “Vendor cart” means a mobile, portable means of containing or transporting merchandise, vegetables, fruits, or other inventory for the purpose of retail sales. “Vendor cart” shall not mean a building or structure, as defined in this code. Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be required.
(4) Recyclable Materials, Compost, and Solid Waste Storage. For this section, the following definitions shall apply:
“Compost” means biodegradable solid wastes separated for composting, such as food waste, food-soiled paper, and yard waste.
“Recycled materials” means those solid wastes separated for recycling or reuse, such as papers, metals, and glass.
All local jurisdictions shall require that space be provided for the storage of recycled materials, compost, and solid waste for all new buildings.
Exception: one- and two-family dwelling units, Group R-3, and Group U occupancies.
The storage area shall be designed to meet the needs of the occupancy and efficiency of pickup and shall be available to occupants and haulers.
(5) Amend IBC Section 202, Definitions, to read as follows:
SUBSTANTIALLY ALTERED, means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure per King County Assessor before the improvement or repair is started.
(6) Amend IBC Section 403.4.8.1, Equipment Room, to read as follows:
403.4.8.1 Equipment room. If the standby system is a generator set inside a building, the system shall be located in a separate room enclosed with 2-hour fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711, or both, and shall be in a separate room from the normal power source including transformers and distribution equipment. Power distribution from the emergency source to the emergency transfer switch shall be by an independent route from the normal power source. System supervision with manual start and transfer features shall be provided at the fire command center. Fuel-fired standby power generator sets and associated fuel storage, including optional landlord- or tenant-owned generator sets, located more than 75 feet above the lowest level of Fire Department vehicle access, require the approval of the fire code official.
(7) Add new IBC Section 403.4.8.1.1, Penetrations, to read as follows:
403.4.8.1.1 Penetrations. Penetrations into and openings through a room containing a standby power system are prohibited except for required exit doors, equipment and ductwork necessary for heating, cooling or ventilation, sprinkler branch line piping, or electrical raceway serving the standby power system or being served by the standby power system. Such penetrations shall be protected in accordance with Section 714.
Exception: Metallic piping with no joints or openings where it passes through the standby power system room.
(8) Amend IBC Section 403.4.8.3, Standby power loads, to read as follows:
403.4.8.3 Standby power loads. The following are classified as standby power loads:
1. Power and lighting for the fire command center required by Section 403.4.6;
2. Ventilation and automatic fire detection equipment for smoke proof enclosures;
3. Elevators;
4. Where elevators are provided in a high-rise building for accessible means of egress, fire service access or occupant self-evacuation, the standby power system shall also comply with IBC Section 1009.4, 3007 or 3008 as applicable;
5. Smoke control systems; and
6. Sump pumps required by ASME A17.1 serving pit drains at the bottom of elevator hoistways of fire service access or occupant evacuation elevators.
(9) Add new IBC Section 403.7, Smoke control, and amend to read as follows:
403.7 Smoke control. A smoke control system meeting the requirements of Section 909 shall be provided in buildings having floors more than 75 feet above the lowest level of fire department vehicle access.
(10) Amend IBC Section 405.8, Standby power, as follows: Add the following sentence to the end of the paragraph:
405.8 Standby power. A standby power system complying with Chapter 27 shall be provided standby power loads specified in Section 405.8.1. An emergency power system complying with Section 2702 shall be provided for the emergency power loads specified in Section 405.8.2. Fuel-fired emergency generator sets and associated fuel storage, including optional generator sets, located more than 30 feet below the lowest level of exit discharge require the approval of the fire code official.
(11) Amend IBC Table 508.4, Required Separation of Occupancies (Hours), as follows:
Add footnote reference superscript “g” to R Occupancy Classification row and column headings. Add footnote “g” to read: “See Section 419 for Live/Work Unit separations.”
(12) IBC Section 901.7, Fire Areas, is amended to include a second paragraph as follows:
901.7 Fire areas. Where buildings, or portions thereof, are divided into fire areas so as not to exceed the limits established for requiring a fire protection system in accordance with this chapter, such fire areas shall be separated by fire walls constructed in accordance with Section 706 of the International Building Code, fire barriers constructed in accordance with Section 707 of the International Building Code or horizontal assemblies constructed in accordance with Section 711 of the International Building Code, or both, having a fire-resistance rating of not less than that determined in accordance with Section 707.3.10 of the International Building Code.
For the purpose of this section, fire barriers shall not be used to reduce the calculation of floor areas in this chapter for newly constructed buildings with a gross floor area of 5,000 square feet or greater and existing buildings undergoing a modification or change of use with a cumulative work area of 5,000 square feet or greater.
(13) Amend IBC Section 903.2, Automatic sprinkler systems, to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12, WAC 51-50-903 and in all new and substantially altered buildings with a gross work area of 5,000 square feet or greater, regardless of type or use.
Exceptions: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 or not less than 2-hour horizontal assemblies constructed in accordance with Section 711, or both.
(14) Amend IBC Section 907.1.3, Equipment, as follows: Add the following sentence to the end of the paragraph:
907.1.3 Equipment. Systems and their components shall be listed and approved for the purpose for which they are installed. All new alarm systems shall be addressable. Each device shall have its own address and shall annunciate individual addresses at the approved supervising station.
(15) Add new IBC Section 907.1.4, System Installation, to read as follows:
907.1.4 System installation. Fire alarm systems shall be installed and maintained in accordance with this code by persons under the direct supervision of individuals that have factory training and certification on the system being installed. Plans submitted for Fire Alarm System permits shall be prepared under the supervision of individuals possessing a NICET (National Institute for Certification in Engineering Technologies) Level III certification in Fire Alarm Systems or shall be licensed by the State of Washington as a Professional Fire Protection or Electrical Engineer or certified by the State of Washington. Plans shall identify certification and/or licensing information.
(16) Add new IBC Section 911.1.2.1, Penetrations, to read as follows:
911.1.2.1 Penetrations. Penetrations into and openings through a fire command center are prohibited except for required exit doors, equipment and ductwork necessary for heating, cooling or ventilation, sprinkler branch line piping, electrical raceway for fire department communication and control, and electrical raceways serving the fire command center or being controlled from the fire command center. Such penetrations shall be protected in accordance with Section 714.
Exception: Metallic piping with no joints or openings.
(17) Amend IBC Section 1502.1, Roof drainage, to revise reference to the Uniform Plumbing Code and add new Section 1502.5, Discharge and Disposal, to read as follows:
1502.1 Roof drainage. Design and installation of roof drainage systems shall comply with IBC Section 1503 and Chapter 11 of the Uniform Plumbing Code.
1502.5 Discharge and Disposal. Roof top drainage shall be disposed of by one of the following methods:
1. Tight line to a storm water system (private or public).
2. Tight line to a roof-runoff infiltration system.
3. Concrete splash blocks.
1502.5.1 Tight line. A tight line with direct discharge to an abutting property or the right-of-way is prohibited unless specifically approved by the building official on the construction plans/permit.
1502.5.2 Review Required. In all cases the method selected shall be subject to review and approval by the building official and/or the city Public Works Department, with consideration given to site, soil types, slope condition and the nature of the development.
1502.5.3 Standards. All drainage systems both public and private shall be designed in accordance with storm water standards adopted by the city of Burien, including Chapter 12.05 BMC and BMC 13.10.020.
1502.5.4 “Green Roof technology”. “Green roof” technology, as consistent with 1502.5.3 may be approved by the building official provided that any drainage coming off of the roof is collected and disposed of pursuant to Sec. 1502.5.1.
(18) Amend IBC Section 1608.1, General, to read as follows:
1608.1 General. Design snow loads shall be not less than 25 PSF uniform roof snow load, nor less than that determined by IBC Section 1607.
(19) Amend IBC Section 1612.3, Establishment of flood hazard areas, to read as follows:
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for King County” dated February 2013, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
(20) Amend IBC Section 1705.16, Exterior insulation and finish systems (EIFS), to read as follows:
1705.16 Exterior insulation and finish systems (EIFS). Special inspections shall be required for all EIFS applications. All exterior insulation finish systems (EIFS) shall be certified by the manufacturer as having been installed per the manufacturer’s installation recommendations or other agency approved by the building official. The manufacturer’s certification shall serve as the special inspection requirement when approved by the building official.
Exception: Special inspections shall not be required for EIFS applications installed over masonry or concrete walls.
(21) Amend IBC Section 2701.1, Scope, to read as follows:
2701.1 Scope. This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions of the Burien Electrical Code as adopted in BMC 15.10.140.
(22) Add new IBC Section 2702.1.9, Location, to read as follows:
2702.1.9 Location. Location of stationary generators, fuel piping, and storage tanks are subject to the approval of the building official and/or fire code official.
(23) Amend IBC Section 3103.1.2, Permit Required, to read as follows:
Temporary structures that cover an area greater than 400 square feet (11.16 m2), including connecting areas or spaces with a common means of egress or entrance that are used or intended to be used for the gathering of 35 or more persons, not open on all sides, shall not be erected, operated, or maintained for any purpose without obtaining a permit from the Building Official.
(24) Amend IBC Section 3303, Demolition standards, to read as follows:
3303.1 Purpose. The purpose of this section is to establish standards by which demolition of existing structures is to be conducted. The proposed standards are intended to ensure that the public health, safety and welfare are protected when structures are removed. If demolition is proposed along with an application for a construction permit or reuse of a property, sections 3303.5 and 3303.11 do not apply. Following demolition of any structure the property shall be altered to a condition that will not create an attractive nuisance or be unsightly to neighboring properties, public streets and pedestrian facilities. This purpose statement shall be preeminent.
3303.2 Construction Documents. Construction documents and a schedule for demolition must be submitted when required by the Building Official. Where such information is required, no work shall be done until such construction documents or schedule, or both, are approved.
3303.3 Permit Required. A demolition permit is required for any structure to be removed. The demolition permit may be conditioned as necessary to mitigate adverse impacts associated with demolition activities and the aesthetic condition of the vacant site following demolition. All demolition work shall be completed within 30 days from commencement of demolition activity provided that site restoration work shall be completed as provided in section 3303.11.
3303.4 Nuisances. The activity shall not create or exacerbate a nuisance as defined by BMC 8.45.020.
3303.5 Foundation Removal and Surface Restoration. All foundations and/or related materials shall be removed from the site. Unless otherwise approved by the city, all man-made or processed surfaces including but not limited to driveways, asphalt, patios or sidewalks shall be removed, except in the public right-of-way.
3303.6 Pedestrian protection. The work of demolishing any building shall not be commenced until pedestrian protection is in place as required by this chapter.
3303.7 Means of egress. A party wall balcony or horizontal exit shall not be destroyed unless and until a substitute means of egress has been provided and approved.
3303.8 Vacant Lot. Where a structure has been demolished or removed, the vacant lot shall be filled and maintained to the existing grade or in accordance with the ordinances of the jurisdiction having authority. This requirement may be waived if grading would require the alteration of a critical area and/or its buffer. It may also be waived if grading activity could result in soil instability.
3303.9 Erosion Control. All areas that have been disturbed by demolition activity shall be stabilized to prevent erosion. Erosion control measures shall comply with adopted best management practices and shall be in place prior to and during any demolition activity.
3303.10 Water Accumulation. Provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property.
3303.11 Site Restoration Required. Restoration of properties shall be completed within 4 months of the issuance of a demolition permit. The city may require a financial guarantee to ensure proper installation, establishment and maintenance of a restoration plan. Areas of a site that have been disturbed shall be re-vegetated with an approved hydro-seed mixture.
3303.12 Utility Connections. All service utilities shall be properly capped or terminated at property lines or at the service connection in the right-of-way unless otherwise approved by the Building Official. Utilities Removal and/or decommissioning of utilities shall be completed in accordance with all applicable laws and procedures including but not limited to the IFC, IBC, WAC and RCW.
3303.13 Fire safety during demolition. Fire safety during demolition shall comply with the applicable requirements of this code and the applicable provisions of Chapter 33 of the International Fire Code.
(25) IBC Section H104, Identification, is deleted.
(26) Amend IBC Section J103, Permits Required, by replacing Section J103.2, Exemptions, as follows:
J103.2 Exemptions. A grading permit shall not be required for the following:
1. Grading that disturbs less than 7,000 square feet of land in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties or modify natural drainage patterns.
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, process 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. An excavation below existing finished grade for basements and footings of an existing building, retaining wall or other structure, for which the structure is authorized by a valid building permit.
9. An excavation of less than 50 cubic yards of material, which is less than two feet in depth and which does not create a cut slope of a ratio steeper than two horizontals to one vertical.
10. A fill of less than 50 cubic yards of material, which is less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical.
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.
(27) Amend IBC Section J104, Permit Application and Submittals, by replacing Section 104.1 with the following:
J104.1 Submittal requirements. In addition to submittals required by the provisions of Section 15.05.315 BMC, the applicant shall submit the following:
1. Statement estimating quantities of excavation and fill.
2. Statement of the area of land to be disturbed in square feet.
3. Temporary erosion and sediment control plan.
4. For sites subject to a drainage review in accordance with Chapter 13.10 BMC, drainage plans and documentation consistent with Chapter 13.10 BMC.
(28) Amend IBC Section J109, Drainage and Terracing, by replacing Section J109.1 with the following:
J109.1 General. Drainage facilities and terracing shall be provided where the ground slope is steeper than 3 horizontal to one vertical (33 percent) as follows:
1. For sites that are subject to a drainage review in accordance with Chapter 13.10 BMC, drainage shall be provided in accordance with the provision of that Chapter and terracing shall be provided in accordance with the requirements of this Section.
2. Other sites shall provide drainage and terracing in accordance with the requirements of this section unless otherwise recommended by a registered design professional.
(29) Replace Section J110, Erosion Control, with the following:
Section J110, EROSION CONTROL AND SEASONAL LIMITATION
J110.1 General. The transport of sediment from the site to drainage facilities, water resources, and adjacent properties and rights-of-way shall be prevented to the maximum extent practicable as follows:
1. For sites that are subject to a drainage review in accordance with BMC 13.10, erosion and sediment controls shall be applied as specified by the temporary erosion and sediment control measures and performance criteria and implementation requirements in accordance with 13.10 BMC.
2. For other sites, the faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting. Erosion control shall be installed as soon as practicable and prior to calling for final inspection. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.
J110.2 Seasonal limitation. From October 1 through April 30, which is the seasonal limitation period, clearing and grading shall only be permitted if shown to the satisfaction of the code official that runoff leaving the construction site will comply with the erosion and sediment control measures and performance criteria and implementation requirements in 13.10 BMC and the Surface Water Design Manual through a combination of the following:
1. Site conditions including vegetative coverage, slope, soil type and proximity to receiving waters;
2. Proposed limitations on activities and the extent of disturbed areas; and
3. Proposed erosion and sedimentation control measures.
Exceptions:
1. If, during the course of construction activity or soil disturbance during the seasonal limitation period, silt-laden runoff violating standards of Chapter 13.10 BMC leaves the construction site, or if clearing and grading limits or erosion and sediment control measures shown in the approved plan are not maintained, the code official shall revoke the permit or shall issue a stop work order in accordance with Chapter 15.05 BMC.
2. The following activities are exempt from the seasonal limitations of this section:
2.1 Maintenance and necessary repair of erosion and sediment control facilities;
2.2 Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in removal of the vegetative cover to the soil;
2.3 Activities where there is one hundred percent infiltration of surface water runoff within the site in approved and installed erosion and sedimentation control facilities;
2.4 Typical landscaping activities of existing single family residences that do not require a permit;
2.5 Response to emergencies that threaten the public health, safety or welfare, consistent with Section 15.60.090 BMC.
(30) Add a new IBC Section J112, Site Soil Protection and Restoration, as follows:
J112.1 Soil protection. The duff layer and native topsoil shall be retained in an undisturbed state to the maximum extent practicable. Any duff layer or topsoil removed during grading shall be stockpiled on-site in a designated, controlled area not adjacent to public resources and critical areas. The material shall be reapplied to other portions of the site where feasible.
J112.2 Soil restoration. The soil moisture holding capacity of disturbed soils shall be restored as follows:
1. Areas that have been cleared and graded shall have the soil moisture holding capacity restored to that of the original undisturbed soil native to the site to the maximum extent practicable. The soil in any area that has been compacted or that has had some or all of the duff layer or underlying topsoil removed shall be amended to mitigate for lost moisture-holding capacity as follows:
1.1 The amendment shall take place between May 1 and October 1;
1.2 The topsoil layer shall be a minimum of eight inches thick, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture-holding capacity native to the site;
1.3 The topsoil layer shall have an organic matter content of between five to ten percent dry weight and a pH suitable for the proposed landscape plants;
1.4 When feasible, subsoils below the topsoil layer should be scarified at least four inches with some incorporation of the upper material to avoid stratified layers; and
1.5 Compost used to achieve the required soil organic matter content must meet the definition of “composted materials” in WAC 173-350-220.
Exception.
This section does not apply to areas that at project completion are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope.
(31) Add a new IBC Section 504.4.1 as follows:
504.4.1 For group R1, R2, and condition I-1 condition I-2 assisted living facilities licensed under Chapter 388-78A WAC and residential treatment facilities licensed under Washington State under Chapter 246-337 WAC located in building of type VA construction equipped throughout with an approved automatic sprinkler system in accordance with section 903.3.1.1, the maximum number of stories permitted in section 504.4 may be increased by one provided the interior exit stairways and ramps are pressurized in accordance with sections 909.6.3 and 909.20. Legally required standby power shall be provided in accordance with sections 909.11 and 2702.2.16 for buildings constructed in compliance with this section and be connected to stairway shaft pressurization equipment, elevators and lifts used for accessible means of egress (if provided), elevator hoist way pressurization equipment (if provided) and other life safety equipment as determined by the authority having jurisdiction. For the purposes of this section, legally required standby power shall comply with the 2020 Washington cities Electrical Code (NFPA 70) section 701.12, options C, (D), E, (F), or (J) or subsequent revised section number(s).
[Ord. 824 §§ 52 – 56, 2024; Ord. 790 § 7, 2023; Ord. 792 §§ 15, 16, 2022; Ord. 738 §§ 23, 24, 2020; Ord. 658 § 2, 2016; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.070 International Residential Code adopted.
The 2021 Edition of the International Residential Code, as published by the International Code Council, Inc., and as adopted by the State Building Code Council in Chapter 51-51 WAC, including Appendix AF (Radon Control Methods), Appendix J, Existing Buildings and Structures Appendix AQ (Tiny Houses), – Appendix U, (Dwelling Unit Fire Sprinkler Systems), Appendix T, Solar-ready Provisions, Appendix V (Fire Sprinklers), and excluding Chapters 1, 11, 25 through 43, is adopted by reference, together with the amendments provided in this section. The Construction Administrative Code, as set forth in Chapter 15.05 BMC, shall be used in place of IRC Chapter 1, Administration.
(1) Energy code requirements are regulated by Chapter 51-11R WAC as adopted and amended in BMC 15.10.130.
(2) Plumbing code requirements are regulated by Chapter 51-56 WAC (UPC) as adopted and amended in BMC 15.10.120.
(3) Electrical code requirements are regulated by Washington State Electrical Safety, Administration, and Installation Standard as adopted in BMC 15.10.140, the Burien Electrical Code.
(4) Except where required by the International Fire Code for fire department access, fire hydrant distance, or fire flow, an automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings not already provided with an automatic residential sprinkler system.
(5) Amend IRC Table R301.2, Climatic and Geographic Design Criteria, to include local design values as follows:
|
GROUND SNOW LOADa (PSF) |
WIND DESIGN |
SEISMIC DESIGN CATEGORY |
SUBJECT TO DAMAGE FROM |
ICE BARRIER UNDERLAYMENT REQUIRED |
FLOOD HAZARDf |
AIR FREEZING INDEX |
MEAN ANNUAL TEMP |
||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Speedb |
(mph) |
Topographic effectsc |
Special wind region |
Windborne debris zone |
Weatheringd |
Frost line |
Termite |
||||||
|
25 |
98 |
Yes |
No |
No |
D2 |
Moderate |
12e |
Slight to Moderate |
No |
See footnotef |
170 |
51 °F |
|
|
MANUAL J DESIGN CRITERIA |
|||||||||||||
|
Elevation |
Altitude correction factor |
Coincident wet bulb |
Indoor winter design dry-bulb temperature |
Indoor winter design dry-bulb temperature |
Outdoor winter design dry-bulb temperature |
Heating temperature difference |
|||||||
|
377 feet |
0.99 |
66 °F |
72 °F |
72 °F |
24 °F |
48 °F |
|||||||
|
Latitude |
Daily Range |
Indoor summer design |
Summer design gains |
Indoor summer design dry-bulb temperature |
Outdoor summer design dry-bulb temperature |
Cooling temperature difference |
|||||||
|
47°47' |
M |
50% |
5 |
75 °F |
83 °F |
8 °F |
|||||||
a. Design snow loads shall be not less than 25 pounds per square foot uniform roof snow load.
b. The basic wind speed is determined from the basic wind speed map in Figure R301.2(2) and reflects the ultimate design wind speed. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4 or by the Engineer of Record.
c. Topographic effects (Wind Speed-up Kzt factor) shall be determined on a site-specific basis in accordance with Section R301.2.1.5 or by the Engineer of Record.
d. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements on this code. The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652.
e. The frost line depth may require deeper footings. Designer to verify if deeper frost depth is required based on geotechnical reports and studies.
f. The City of Burien participates in the National Flood Insurance Program (NFIP). Areas of special flood hazard shall be determined per Burien Municipal Code 15.55.
g. In addition to the soil criteria listed in this table, the maximum assumed allowable soil bearing pressure shall be 1,500 pounds per square foot. More restrictive requirements may apply based on site-specific geotechnical reports and studies.
(6) Exception: Single-story R-3 occupancies, not exceeding 1,500 square feet in area, shall not be required to comply with Appendix V. [Ord. 824 § 58, 2024; Ord. 790 §§ 8, 9, 2023; Ord. 738 § 25, 2020; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.080 International Mechanical Code adopted.
The 2021 Edition of the International Mechanical Code (IMC), as published by the International Code Council, Inc., and as adopted by the State Building Code Council in Chapter 51-52 WAC, excluding Chapter 1, Administration, is hereby adopted by reference together with the amendments set forth in this section. The Construction Administrative Code, as provided in Chapter 15.05 BMC, shall be used in place of IMC Chapter 1, Administration. [Ord. 824 § 59, 2024; Ord. 738 § 26, 2020; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.090 National Fuel Gas Code (NFPA 54) adopted.
The 2021 Edition of ANSI Z223.1/NFPA 54, National Fuel Gas Code (NFGC), as published by the National Fire Protection Association (NFPA) and as adopted by the State Building Code Council in Chapter 51-52 WAC, is hereby adopted by reference. The Construction Administrative Code, as provided in Chapter 15.05 BMC, shall be used for administering the National Fuel Gas Code. [Ord. 824 § 60, 2024; Ord. 738 § 27, 2020; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.100 Liquefied Petroleum Gas Code (NFPA 58) adopted.
The 2020 Edition of NFPA 58, Liquefied Petroleum Gas Code (LPGC), as published by the National Fire Protection Association (NFPA) and as adopted by the State Building Code Council in Chapter 51-52 WAC, is hereby adopted by reference. The Construction Administrative Code, as set forth in Chapter 15.05 BMC, shall be used to administer the Liquefied Petroleum Gas Code. [Ord. 824 § 61, 2024; Ord. 738 § 28, 2020; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.110 International Fuel Gas Code adopted.
The 2021 Edition of the International Fuel Gas Code (IFGC), as published by the International Code Council, Inc., and as adopted by the State Building Code Council in Chapter 51-52 WAC, excluding Chapter 1 “Administration,” is hereby adopted by reference together with the amendments set forth in this section. The Construction Administrative Code, as set forth in Chapter 15.05 BMC, shall be used in place of IFGC Chapter 1, Administration. [Ord. 824 § 62, 2024; Ord. 738 § 29, 2020; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.120 Uniform Plumbing Code adopted.
The 2021 Edition of the Uniform Plumbing Code (UPC), as published by the International Association of Plumbing and Mechanical Officials and as adopted and amended by the State Building Code Council in Chapter 51-56 WAC, including Appendix A – Recommended Rules for Sizing the Water Supply System; Appendix B – Explanatory Notes on Combination Waste and Vent Systems; Appendix I – Installation Standards for PEX Tubing Systems for Hot- and Cold-Water Distribution, and Appendix M – Peak Water Demand Calculator, and, in addition, Appendix C, Alternate Plumbing Systems, excluding Sections C303.3, C304.0 through C601.9 of Appendix C, is hereby adopted by reference together with the additions, deletions, exceptions, and amendments provided in this section. The Construction Administrative Code, as set forth in Chapter 15.05 BMC, shall be used in place of UPC Chapter 1, Administration; Chapters 12 and 14 of the Uniform Plumbing Code are not adopted; and, those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as found in Chapter 5 and those portions of the code addressing building sewers as identified in Chapter 51-56 WAC are not adopted.
(1) Amend UPC Section 311.0, Independent Systems, as follows:
311.0 Independent Systems. The drainage system of each new building and new work installed in any existing building shall be separate and independent from that of any other building, and, when available, every building shall have an independent connection with a public or private sewer.
(2) Amend UPC Chapter 6, Table 610.3, Water Supply Fixture Units (WSFU) and Minimum Fixture Branch Pipe Sizes, as follows:
Delete “Lawn Sprinkler, each head” and “for Private Use” from the table.
(3) Amend UPC Section 708.0, Grade of Horizontal Drainage Piping, to read as follows:
708.0 Grade of Horizontal Drainage Piping. Horizontal drainage piping shall be run in practical alignment and a uniform slope of not less than one-fourth (1/4) inch per foot (20.9 mm/m) or two (2) percent toward the point of disposal provided that, where it is impractical due to the depth of the street sewer or to the structural features or the arrangement of any building or structure to obtain a slope of one-fourth (1/4) of an inch per foot (20.9 mm/m) or two (2) percent. Any such pipe or piping four (4) inches (100 mm) or larger in diameter may have a slope of not less than one-eighth (1/8) of an inch per foot (10.5 mm/m) or one (1) percent, only when first approved by the building official. Horizontal drainage piping connected to any dual flush gravity tank water closet shall slope a minimum of one-fourth (1/4) inch per foot.
(4) Amend UPC Section 1101.12.2.2.2, Combined System, to read as follows:
1101.12.2.2.2 Combined System. The secondary roof drains shall connect to the vertical piping of the primary storm drainage system conductor downstream of any horizontal offset below the roof. The primary storm drainage system shall connect to the building storm water that connects to an underground public storm sewer. The combined secondary and primary roof drain systems shall be sized in accordance with Section 1103.0 based on double the rainfall for the local area. A relief drain shall be connected to the vertical drain piping, within 20 feet of grade, using a wye-type fitting piped to daylight on the exterior of the building. The piping shall be sized as required for a secondary drain with a 4-inch maximum.
[Ord. 824 § 63, 2024; Ord. 790 § 10, 2023; Ord. 738 § 30, 2020; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.130 Washington State Energy Code adopted.
The Washington State Energy Code, as adopted by the State Building Code Council in Chapters 51-11C and 51-11R WAC, is hereby adopted by reference. The Construction Administrative Code, as set forth in Chapter 15.05 BMC shall be used in place of Chapter 1, Scope and General Requirements, of the Washington State Energy Code. [Ord. 824 § 64, 2024; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.140 Washington Cities Electrical Code adopted.
(1) The 2023 Electrical Safety Standards, Administration and Installation is hereby adopted by reference and shall be known as the Burien Electrical Code. This includes Annex A, B and C of the National Electrical Code; Commercial Building Telecommunications Cabling Standard (ANSI/TIA-568-C series, February 2009); Commercial Building Standard for Telecommunications Pathway and Spaces (TIA-569-B, October 2004); Commercial Building Grounding and Bonding Requirements for Telecommunications (ANSI/TIA-607-B, August 2011); Residential Telecommunications Cable Standard (ANSI/TIA/EIA 570-B-2004); and the National Electrical Safety Code (NESC C2-2017 excluding Appendixes A and B).
(2) Conflicts.
(a) The requirements of Washington State Department of Labor and Industries Electrical Safety Standards, Administration, and Installation will be observed where there is any conflict between this chapter and the National Electrical Code (NFPA 70), Centrifugal Fire Pumps (NFPA 20), the Emergency and Standby Power Systems (NFPA 110), ANSI/TIA/EIA 568-B, ANSI/TIA/EIA 569-A, ANSI/TIA/EIA 607, or ANSI/TIA/EIA 570.
(b) The National Electrical Code will be followed when there is any conflict between standard for Installation of Stationary Pumps for Fire Protection (NFPA 20), standard for Emergency and Standby Power Systems (NFPA 110), ANSI/TIA/EIA 568-B, ANSI/TIA/EIA 569-A, ANSI/TIA/EIA 607, ANSI/TIA/EIA 570-B, and the National Electrical Code (NFPA 70).
(c) Consistent with RCW 19.28.010(3), when the State of Washington Department of Labor and Industries adopts a more current edition of the National Electrical Code (NFPA 70), the most current edition shall be enforced. Provisions in the annex chapters of the National Electrical Code shall not apply unless specifically referenced in the adopting ordinance. [Ord. 824 § 65, 2024; Ord. 738 § 31, 2020; Ord. 638 § 2 (Exh. B), 2016; Ord. 583 § 2 (Exh. B), 2013; Ord. 541 § 4 (Exh. B), 2010]
15.10.150 International Existing Building Code adopted.
The 2021 International Existing Building Code (IEBC) as published by the International Code Council, Inc., and as adopted by the State Building Code Council in WAC 51-50-480000, including Appendix A, Guidelines for the Seismic Retrofit of Existing Buildings and excluding Chapter 1, Administration, is hereby adopted by reference together with the amendments set forth in this section. The Construction Administrative Code, as set forth in Chapter 15.05 BMC, shall be used in place of IEBC Chapter 1, Administration.
(1) Amend Section 1401.2 to include state amendments and Burien requirements relocated from BMC 15.05.135 to read as follows:
1401.2 Conformance. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code, the International Residential Code (WAC chapter 51-51), the International Mechanical Code (WAC chapter 51-52), the City of Burien Fire Code (BMC 15.20), the Uniform Plumbing Code (WAC chapter 51-56), the Washington State Energy Code (WAC chapter 51-11C or R) for new buildings or structures.
EXCEPTION: Group R-3 buildings or structures are not required to comply if:
(1) The original occupancy classification is not changed; and
(2) The original building is not substantially remodeled or rehabilitated.
For this section, a building shall be “substantially remodeled” when the costs of remodeling exceed 60 percent of the value of the building exclusive of the costs relating to preparation, construction, demolition, or renovation of foundations.
Prior to relocation, a feasibility inspection shall be performed on the building or structure by a registered design professional to document any known structural deficiencies, examine existing plumbing and mechanical systems, inspect the structure’s insulated areas, and check for life safety deficiencies. A copy of the inspection reports shall be submitted along with a building permit application for relocation.
Structures that do not conform to minimum requirements at the time of initial construction or current life safety regulations, or are found substantially deficient in structural integrity[,] shall be subject to correction.
See BMC 12.17.095 (Building moving) for additional permit requirements.
(2) Add new Section 1401.2, Moved buildings – Electrical requirements, to relocate the content of BMC 15.05.135 as follows:
1401.2 Moved buildings – Electrical requirements.
(1) Nonresidential buildings or structures moved into or within the jurisdiction must be inspected to ensure compliance with the current requirements of this chapter.
(2) Residential buildings or structures wired in the U.S. to NEC requirements and moved into the jurisdiction must be inspected to ensure compliance with the NEC requirements in effect at the time and place the original wiring was made. The building or structure must be inspected to ensure compliance with all current requirements of RCW Chapter 19.28 and the rules developed by the building department if:
(a) The original occupancy classification of the building or structure is changed as a result of the move; or
(b) The building or structure has been substantially remodeled or rehabilitated as a result of the move.
(3) Residential buildings or structures wired in Canada to Canadian Electrical Code (CEC) standards and moved into the jurisdiction must be inspected to ensure compliance with the following minimum safety requirements:
(a) Service, service grounding, and service bonding must comply with the Burien Electrical Code.
(b) Canadian Standards Association (CSA) listed Type NMD cable is allowed with the following qualifications:
(i) CSA listed Type NMD cable, American Wire Gauge No. 10 and smaller installed after 1964, utilizing an equipment grounding conductor smaller than the phase conductors, must be:
(A) Replaced with a cable utilizing a full-size equipment grounding conductor; or
(B) Protected by a ground fault circuit interrupter protection device.
(ii) CSA listed Type NMD cable, No. 8 AWG and larger, must:
(A) Utilize an equipment grounding conductor sized according to the requirements of the NEC in effect at the time of the installation;
(B) Be protected by a ground fault circuit interrupter protection device; or
(C) Be replaced.
(c) Other types of wiring and cable must be:
(i) Replaced with wiring listed or field evaluated in accordance with U.S. standards by a laboratory approved by the department; or
(ii) Protected by a ground fault circuit interrupter protection device and arc fault circuit protection device.
(d) Equipment, other than wiring or panelboards, manufactured and installed prior to 1997, must be listed and identified by laboratory labels approved by the department or CSA labels.
(e) All panelboards must be listed and identified by testing laboratory labels approved by the department with the following qualifications:
(i) CSA listed panelboards labeled “Suitable for Use as Service Equipment” will be considered to be approved as “Suitable for Use only as Service Equipment.”
(ii) CSA listed panelboards must be limited to a maximum of 42 circuits.
(iii) CSA listed panelboards used as lighting and appliance panelboards, as described in the NEC, must meet all current requirements of the NEC and this chapter.
(f) Any wiring or panelboards replaced or changed as a result of the move must meet current requirements of Chapter 19.28 RCW and this chapter.
(g) The location, type, and ground fault circuit interrupter protection of receptacles and equipment in a bathroom, kitchen, basement, garage, or outdoor area must meet the Washington requirements in effect at the time the wiring was installed.
(h) Four 15-ampere, kitchen small appliance circuits will be accepted in lieu of two 20-ampere, kitchen small appliance circuits. Receptacles will not be required to be added on kitchen peninsular or island counters.
(i) Spacing requirements for all other receptacles must meet the Washington requirements in effect at the time the wiring was installed.
(j) Receptacles installed above baseboard or fixed wall space heaters must be removed and the outlet box covered with a blank cover. The receptacle is required to be relocated as closely as possible to the existing location.
(k) Lighting outlet and switch locations must meet the Washington requirements in effect at the time the wiring was installed.
(l) Dedicated 20-ampere small appliance circuits are not required in dining rooms.
(m) Electric water heater branch circuits must be adequate for the load.
(n) The location, type, and circuit protection of feeders must meet the Washington State requirements in effect at the time the wiring was installed.
[Ord. 824 § 66, 2024; Ord. 790 §§ 11, 12, 2023; Ord. 738 § 32, 2020; Ord. 638 § 2 (Exh. B), 2016]
15.10.160 International Swimming Pool and Spa Code adopted.
The 2021 International Swimming Pool and Spa Code (ISPSC) as published by the International Code Council, Inc., and as adopted by the State Building Code Council in Chapter 51-50 WAC as included in the adoption of the International Building Code (IBC) Section 3109 and amended in WAC 51-50-3109 and as provided by International Residential Code Section R327 and amended in WAC 51-51-0327, and excluding Chapter 1, Administration, is adopted by reference together with the amendments provided in this section. The Construction Administrative Code, as set forth in Chapter 15.05 BMC, shall be used in place of ISPSC Chapter 1, Scope and Administration. [Ord. 824 § 67, 2024]
15.10.170 International Wildland-Urban Interface Code adopted.
The 2021 International Wildland-Urban Interface Code (IWUIC) as published by the International Code Council, Inc., and as adopted by the State Building Code Council in Chapter 51-55 WAC and excluding Chapter 1, Scope and Administration, is hereby adopted by reference together with the amendments set forth in this section. The Construction Administrative Code, as set forth in Chapter 15.05 BMC, shall be used in place of IWUIC Chapter 1, Scope and Administration.
(1) Add the following Point of Information after Section 301.1, Scope, as follows:
Point of Information: While Interface and Intermix designations have different technical definitions, construction shall comply with this code where an “Interface” or “Intermix” designation is determined. See Section 301.1.
[Ord. 824 § 68, 2024]