Chapter 13.11
AMENDMENTS TO INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:
13.11.005 Declaration of Purpose.
13.11.010 Terminology – Amended Definitions.
13.11.005 Declaration of Purpose.
The Board of Yakima County Commissioners find that conditions of the character described in RCW 35.80.010 exist within unincorporated Yakima County and adopt the International Property Maintenance Code in order to (a) prescribe minimum standards for the use and occupancy of dwellings throughout the county; (b) prescribe minimum standards for the use and occupancy of any building, structure or premises used for any other purpose, (c) prevent the use or occupancy of any dwelling, building or structure, or premises, that is injurious to the public health, safety, morals, or welfare; and (d) prescribe punishment for the violation of any provision of such ordinance; all as authorized in RCW 35.80. The Board of Yakima County Commissioners also finds that there exist other conditions of structures, property, and usages of structures and property within unincorporated Yakima County that constitute public nuisances and adopt the International Property Maintenance Code in order to define such public nuisances, provide for effective enforcement in abating such public nuisances, and to prescribe punishment for the creation or maintenance of such public nuisances.
(Ord. 4-2021 § 2, 2021).
13.11.010 Terminology – Amended Definitions.
Wherever a reference is made to the “County Recorder” in the code adopted by this chapter, such reference shall mean the Yakima County Auditor, and references to the “Clerk of this Jurisdiction” shall mean the Clerk of the Board of Yakima County Commissioners.
(Ord. 4-2021 § 2, 2021).
13.11.020 Amendments to Chapters 1 and 2 of the International Property Maintenance Code, 2018 Edition.
Chapters 1 and 2 of the International Property Maintenance Code, 2018 Edition, are amended as follows including the addition of Section 109 Public Nuisances and the re-numbering of Sections 109 Emergency Measures, 110 Demolition, 111 Means of Appeal, and 112 Stop Work Order, to Sections 110 Emergency Measures, 111 Demolition, 112 Means of Appeal, and 113 Stop Work Order; and the addition of Chapter 2 Repair, Removal and Demolition Fund and the re-numbering of Chapter 2 Definitions to Chapter 3 Definitions:
CHAPTER 1 ADMINISTRATION
Section 101 – General
101.1 Title. These regulations shall be known as the Property Maintenance Code of Yakima County, Washington, herein after referred to as “this code.”
101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
Section 102 Applicability.
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner’s authorized agent, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises.
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Energy Conservation Code, International Fire Code, International Residential Code, International Existing Building Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, and NFPA 70. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Yakima County land use and development regulations, including YCC Title 19.
102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.
102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.
102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and not contrary to the public interest of health, safety and welfare. The provisions of the International Existing Building Code apply to the repair, alteration, change of occupancy, addition to, relocation of, and correction of unsafe or dangerous conditions in historic buildings in conjunction with the provisions of this code.
102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 9 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
102.8 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.
102.9 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
102.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
Section 103 Creation of enforcement agency.
103.1 General. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the code manager. The code enforcement division of the public services department shall function as the enforcement agency.
103.2 RESERVED
103.3 Deputies. In accordance with prescribed procedures and with the concurrence of the appointing authority, the code official may appoint such technical officers, inspectors and other employees as shall be authorized from time to time. Such employees shall have the powers as delegated by the code official.
103.4 Liability. The code official, officer or employee charged with the enforcement of this code, while acting in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the code enforcement agency, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
103.4.1 RESERVED
103.5 Fees. The fees for activities and services performed by the agency in carrying out its responsibilities under this code shall be as indicated in YCC13.24.
Section 104 Duties And Powers Of The Code Official
104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. For such purposes, the code enforcement manager shall have the powers of a law enforcement officer. The code official shall have the authority to render interpretations of this code and to adopt and enforce rules, policies and procedures to clarify the application of its provisions. Such interpretations, rules, policies and procedures shall be in conformance with the intent and purpose of this code. Such rules, policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. Such rules, policies and procedures adopted by the code enforcement manager as authorized in this code shall become part of Chapter 1, Administration, and shall be applied in conjunction with the provisions of Chapter 1.
104.1.1 Powers and authority related to dwellings, buildings, structures, and premises. The code official shall have the power and authority to determine which dwellings are unfit for human habitation; to determine which buildings, structures, or premises are unfit for other use; and to administer oaths and affirmations, examine witnesses, and receive evidence. The code official shall have the power and authority to investigate a dwelling, building, structure, or premises and other property conditions and to enter upon premises for the purpose of making examinations when the code official has reasonable ground for believing that the dwelling, building, structure, or premises is unfit for human habitation, or for other use.
104.2 Inspections. The code official shall make, or cause to be made, all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is denied or resisted, the code official is authorized to obtain an order for the purpose of entry and inspection of the structure and/or premises after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction as authorized in RCW 35.080.030 (3).
104.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.
104.6 Department records. The code official shall keep official records of all business and activities of the agency specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.
Section 105 Approval
105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s authorized agent, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.
105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.
105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.
105.4 Used Material and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the code official.
105.5 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
105.6 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
Section 106 Violations
106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
106.2 Notice of violation. The code manager, or his designee, is authorized to serve a notice of violation or order to the property owner and other person responsible for actions or conditions found to be in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the unlawful activity, action or condition and the abatement of the violation. Such notice and order shall be in accordance with the provisions of YCC Title 21 Chapter 21.03.020
106.3 Prosecution of violation. See YCC Title 21 Chapter 21.04.010 Any person, firm or corporation engaged in construction activities without having a valid permit or causing same to be done, or failing to comply with a notice of a violation or order to comply served in accordance with Section 107 shall be subject to issuance of a misdemeanor citation and / or civil infraction as provided in YCC Title 21 Chapter 21.04.030 and the violation shall be deemed a strict liability offense. If the notice of a violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. All costs to the County of any action taken by County on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
106.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof, or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive or order of the code official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law and as provided in YCC Title 21 Chapter 21.04.030. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
Section 107 Notices And Orders
107.1 Notice to person responsible. Whenever the code official or his designee determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections YCC Title 21 Chapter 21.03.060 to the person responsible for the violation as specified in this code. Notices issued when a dwelling, building, structure, equipment, or premises has been found to be unsafe or unfit for human habitation or other use shall also comply with Section 108.3.
107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with YCC Title 21 Chapter 21.03.020, See also Title 21.01.040.
107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is served as provided in YCC Title 21 Chapter 21.03.020
107.4 Compliance with notices and orders.
Orders of the code official shall become final if no appeal is filed in a timely manner. After any order of the code official made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is in violation of this code and any of the actions provided for in YCC Title 21 Chapters 21.4-1, 21.04-2 may be taken. The code official is authorized to take action as provided in Title 21 Code Enforcement.
107.5 RESERVED
107.6 RESERVED
Section 108 Unsafe Structures And Equipment
108.1 General. When a building, structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be declared to be unsafe pursuant to the provisions of this code. Where conflicts occur between the provisions of this code and referenced codes and standards, the provisions of this code shall apply.
108.1.1 Unsafe buildings and structures. An unsafe building or structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rodent infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
108.1.5 Unsafe dwellings, buildings, structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered unsafe for human habitation or other use:
1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
3. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood deterioration, neglect, abandonment, vandalism or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.
4. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.
5. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation or underpinning of the building; or (v) any other cause, is likely to partially or completely collapse.
6. Whenever, for any reason, the building or structure, or any portion thereof, is clearly unsafe for the purpose for which it is being used.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
8. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
12. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.
13. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
14. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
15. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.
16. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
17. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
18. Whenever any building, structure or premises is in such a condition as to constitute a public nuisance as defined in this chapter.
108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a notice that the building or structure has been declared to be unsafe on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or the owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or the owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
108.3 Notice. Whenever the code official has determined that a dwelling, building, structure, premises, or equipment to be unsafe or unfit for human habitation or other use under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the owner’s authorized agent, all persons having any interest in the dwelling, building, structure, premises, or equipment as shown by the auditor’s records, or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the equipment declared to be unsafe. The notice shall be in the form prescribed in Section 107.2 and shall contain a notification that a hearing will be held before the code enforcement official, at a place therein fixed, as provided in Section 108.3.1.
108.3.1 Review of Notice. A hearing to review the notice and the conditions found in the investigation of the unsafe conditions will be done by the code enforcement official within 30 days of the issuance of the notice but not less than 10 days after issuance of the notice. The review will take into account any changed circumstances since the investigation and issuance of the notice and any response from the parties of interest served with the notice. Response may be written or verbal. Parties of interest may be in attendance at the review session and may present information for consideration in the review of the notice and the conditions found in the investigation of the violation. The code enforcement official may determine that the notice has been satisfied; issue a modification to the notice with regard to the specifics of the violation, the parties of interest to be notified, or the time given for action to correct the violation; or determine that the notice will be withdrawn. Such determinations will be based on the information available at the time of review, including any written or verbal information received from the parties of interest prior to or at the review session. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the code enforcement official.
If, after the hearing has been completed, the code enforcement official determines that the dwelling is unfit for human habitation, or the building structure, or premises is unfit for other use, the code enforcement official shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party of interest thereof, as provided in YCC Title 21 Chapter 21.03.020, an order that (i) requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation, or for other use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth in Section 108.6.1 of this code; or (ii) requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is filed under the provisions of Section 112.1 of this code, a copy of such order shall be filed with the Yakima County Auditor.
108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Unsafe” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
108.4.1 Placard removal. The code official shall remove the placard declaring the building, structure or equipment to be unsafe whenever the defect or defects upon which the declaration and placarding action were based have been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by YCC Title 21 Chapter 21.03.020.
108.5 Prohibited occupancy. Any occupied building or structure declared to be unsafe and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by YCC Title 21 Chapter 21.03.020.
108.6 Abatement methods. The owner, owner’s authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition, vacation and closure, or other approved corrective action.
108.6.1 Standards for demolition, repair or vacation and closure. Whenever the code enforcement official determines, that all or any portion of a building and/or premises is unfit for human habitation or other use, the code enforcement official shall order that the unfit building and/or premises or portion thereof be:
1. Repaired, or demolished and removed, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use exceeds fifty percent (50%) of the assessed value of the building or structure, or repaired or demolished if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use does not exceed fifty percent (50%) of the assessed value of the building or structure when the degree of structural deterioration is as described in Section 108.1.5. or Section 404, 405, or 406.
2. Repaired, and/or vacated and closed pursuant to Section 108.2 of this Code, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use does not exceed fifty percent (50%) of the assessed value of the building or structure and the building or structure is not in danger of structural collapse; or
3. Corrected or improved as specified in the Order of the code enforcement official as to the conditions that caused the premises other than buildings and structures to be unfit.
4. Where dwellings, buildings, structures, or equipment is determined to be unsafe by the code enforcement official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of Section 105.2.2 of the International Building Code and the International Existing Building Code.
Nothing in this section shall limit the authority of the County to condemn and resell property pursuant to RCW 35.80A.
108.6.1.1 Estimation of cost of repairs. In estimating the cost of repairs, the building official shall use the most recent ICC Building Valuation Data published by the International Code Council, or a cost estimating publication that the building official deems comparable. In estimating the cost of repairs, the building official shall apply the following standards:
1. Only the conditions causing the building, structure or portion thereof to be unfit for human habitation or other use shall be included in the cost estimate;
2. Repair estimates shall assume that all work will comply with the requirements of the current Building, Mechanical, Electrical, Plumbing, Energy, and Fire Codes in effect in Yakima County;
3. If the extent of damage to a portion of a building or structure cannot be ascertained from visual inspection, the building official shall assume that the relative extent of damage or deterioration identified in the observable portion of the building exists in the unobserved portions; and
4. Cost estimates for repairing the building, structure or portion thereof shall include the same type and quality of materials as originally used in the structure. If the building or structure is so damaged that the original materials cannot be determined, repair costs shall be estimated using the materials corresponding with the construction type of the lowest valuation that complies with the requirements of the applicable construction regulations.
108.6.2 Failure to comply with final order. When the code enforcement official’s order has become final as provided in Sections 112.1.2 and 107.4, the owner or party in interest, following exhaustion of his or her rights of appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the building official may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, closed, removed, or demolished.
108.6.3 Recovery of costs. When the code enforcement official must take action to cause the dwelling, building, structure, or premises to be repaired, altered, improved, vacated, closed, removed, or demolished, the amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the code enforcement official, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For purposes of this section, the cost of vacating and closing shall include (i) the amount of relocation assistance payments that a property owner has not repaid to a municipality or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085 and (ii) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085. Upon certification to him or her by the code enforcement official of the assessment amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the county. If the dwelling, building, structure, or premises is removed or demolished by the code enforcement official, the code enforcement official shall, if possible, sell the materials of such dwelling, building, structure, or premises in accordance with procedures set forth in the ordinance, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the board or officer, after deducting the costs incident thereto.
The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. See YCC Title 21 Chapter 21.05.040 Liens
108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
Section 109 Public Nuisances
109.1 Purpose. This section provides for the abatement of conditions which constitute a public nuisance as defined in Section 302 of this code with the exception of dwellings unfit for human habitation and unsafe buildings and structures.
109.2. Definitions. See Section 302.1.
109.3 Voluntary correction.
109.3.1 Issuance. When the code enforcement official determines that a violation has occurred or is occurring, he or she shall attempt to secure voluntary correction by contacting the person responsible for the alleged violation and, where possible, explaining the violation and requesting correction.
109.3.2 Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a voluntary correction agreement with the county, acting through the code enforcement official.
109.3.2.1 Content. The voluntary correction agreement is a contract between the county and the person responsible for the violation in which such person agrees to abate the alleged violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
1. The name and address of the person responsible for the alleged violation;
2. The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring;
3. A description of the alleged violation and a reference to the regulation which has been violated;
4. The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. An agreement by the person responsible for the alleged violation that the county may enter the property and inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;
6. An agreement by the person responsible for the alleged violation that the county may abate the violation and recover its costs and expenses (including personnel, administrative, hearing, and removal or repair costs) and/or a monetary penalty $__________per day continuing from the date of the breach of the agreement until the date that the violation has been abated from the person responsible for the alleged violation if the terms of the voluntary correction agreement are not satisfied; and
7. An agreement that by entering into the voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the board of appeals under this code or otherwise, regarding the matter of the alleged violation and/or the required corrective action.
109.3.2.2 Right to a Hearing Waived. By entering into a voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the building code board of appeals under this code or otherwise, regarding the matter of the violation and/or the required corrective action.
109.3.2.3 Extension and Modification. The code official may grant an extension of the time limit for correction or a modification of the required corrective action if the person responsible for the alleged violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances have delayed correction under the original conditions.
109.3.2.4 Abatement by the County. The county may abate the alleged violation in accordance with Section 109.7 if all terms of the voluntary correction agreement are not met.
109.3.2.5 Collection of Costs. If all terms of the voluntary correction agreement are not met, the person responsible for the violation shall be assessed for the monetary penalty set forth in Section 109.3.2.1, and all enforcement costs incurred by the county and expenses of abatement, as set forth in Section 109.7.4 and allowed by RCW 35.80.030.
109.4 Prerequisite to abatement. Absent conditions which pose an immediate threat to the public health, safety or welfare of the environment, the procedures for abatement of conditions constituting a nuisance pursuant to this code should be utilized by the county only after correction of such conditions has been attempted through use of the voluntary correction agreement process, as specified in Section 109.3. Once it has been determined by the county that correction of such conditions has not been adequately achieved through use of the voluntary correction agreement process, then the county shall proceed with abatement of such conditions pursuant to the provisions of this section.
109.5 Notice of abatement
109.5.1 Issuance. When the code official determines that a violation has occurred or is occurring, and is unable to secure voluntary correction pursuant to Section 109.3, he or she may issue a notice of abatement to the person responsible for the alleged violation. Under any of the following circumstances the code official may issue a notice of abatement without having attempted to secure voluntary correction as provided in Section 109.3:
1. When an emergency exists; or
2. When a repeat violation occurs; or
3. When the violation creates a situation or condition which cannot be corrected; or
4. When the person responsible for the violation knew or reasonably should have known that the action was in violation of a county regulation; or
5. When the person responsible for the violation cannot be contacted when attempts to contact the person have failed, or the person refuses to communicate or cooperate with the county in correcting the alleged violation.
109.5.2 Content. The notice of abatement shall include the following:
1. The name and address of the person responsible for the alleged violation;
2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring;
3. A description of the violation and a reference to the provision(s) of the county regulation(s) which has been allegedly violated;
4. The required corrective action and a date and time by which the correction must be completed and, after which, the county may abate the unlawful condition in accordance with Section 109.7;
5. When the nuisance conditions include vehicles, or vehicle parts, in a condition defined as a public nuisance, the notice of abatement shall include the following:
(a) Notice shall be given to the last registered owner of record and the property owner of record that a hearing may be requested and that if no hearing is requested, the vehicle will be removed. (RCW 46.55.240 (3) (a))
(b) If a request for a hearing is received, a notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle(s) or part(s) thereof as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. (RCW 46.55.240 (3) (b))
(c) The owner of the land on which the vehicle(s) or vehicle part(s) is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle(s) or vehicle part(s) on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle(s) or vehicle part(s) were place on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the land owner will not be assessed costs of administration or removal of the vehicle(s) or vehicle part(s) against the property upon which the vehicle(s) or vehicle part(s) is located or otherwise attempt to collect the cost from the land owner. (RCW 46.55.240 (3) (d))
(d) After notice has been given of the intent of the county to dispose of the vehicle(s) or vehicle part(s), and after a hearing, if requested, has been held, the vehicle(s) or part(s) thereof shall be removed at the request of a law enforcement officer with notice given to the Washington state patrol and the department of licensing that the vehicle has been wrecked. (RCW 46.55.240 (3) (e))
6. A statement that the costs and expenses of abatement incurred by the county pursuant to Section 109.7.4.
109.5.3 Service of Notice. The code official shall serve the notice of abatement upon the person responsible for the violation, either personally or by mailing a copy of the notice by certified and registered mail, with a five-day return receipt requested, to such person at their last known address. If the person responsible for the violation cannot be personally served within Yakima County, and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of abatement conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail. If the person responsible for the alleged violation is a tenant, a copy of the notice of abatement shall also be mailed to the landlord or owner of the property where the alleged violation is occurring. If the alleged violation involves a junk motor vehicle, notice shall be provided to the last registered and legal owner of record of said vehicle (unless the vehicle is in such condition that identification numbers are not available to determine ownership), as well as to the property owner of record, as shown on the last equalized assessment roll.
109.5.4 Extension. Extensions of the time specified in the notice of abatement for correction of the alleged violation may be granted at the discretion of the code official.
Section 109.6 (RESERVED).
109.7 Abatement by county
109.7.1 General. The county may abate a condition which constitutes a nuisance under this code when:
1. The terms of the voluntary correction agreement pursuant to Section 109.3 of this code have not been met; or
2. The owner or party in interest, following the exhaustion of his or her rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the building, structure or premises; or
3. The condition is subject to summary abatement as provided for in subsection 109.7.2 of this section.
109.7.2 Summary Abatement. Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the county may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. If the person responsible for the violation is a tenant, notice of such abatement shall also be given to the landlord or owner of the property where the violation is occurring. No right of action shall lie against the county or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the county be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation.
109.7.3 Authorized Action by the County. Using any lawful means, the county may enter upon the subject property and may remove or correct the condition that is subject to abatement. The county may seek such judicial process as it deems necessary to effect the removal or correction of such condition.
109.7.3.1 Removal of Junk or Inoperable Motor Vehicles, Vehicle Hulk or Parts Thereof. If the owner or person found responsible for a nuisance involving a junk or inoperable motor vehicle, vehicle hulk or any parts thereof fails to correct his/her nuisance within the date specified in the order or notice of summary abatement, the county, upon notification from the code official, may enter the subject property to inspect and certify that a vehicle meets the criteria of a junk or inoperable motor vehicle as defined in this section. The law enforcement officer or county agent making the certification shall record the make and vehicle identification number or license number of the vehicle if available and/or legible, and shall also document in detail the damage or missing equipment to verify whether the approximate value of the vehicle is equivalent only to the approximate value of the scrap in it (only if that is one of the definitional criteria that was alleged in the notice of abatement issued by the county). The vehicle shall then be removed from the property and disposed of by a licensed vehicle wrecker, hulk hauler, or scrap processor with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked. The vehicle shall only be disposed of as scrap.
109.7.3.2. Demolition of building or structures. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the building or structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
109.7.3.2.1 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
109.7.3.3 Abatement of nuisance conditions other than junk or inoperable vehicles, or buildings and structures. If the owner of a premises fails to comply with an abatement order within the time prescribed, the code official shall cause the nuisance condition to be abated, either through an available public agency or by contract or arrangement with private persons, and the cost of such abatement shall be charged against the real estate upon which the nuisance condition is located and shall be a lien upon such real estate. See also Title 21 Chapter 21.04.060 Abatement
109.7.4 Recovery of Costs and Expenses. The costs of correcting a condition which constitutes a nuisance under this code, including all incidental expenses, shall be billed to the person responsible for the nuisance and/or the owner, lessor, tenant or any other person entitled to control the subject property, and shall become due and payable to the county within fifteen calendar days of the date of mailing the billing for abatement. The costs of removal of junk vehicles, inoperable vehicles or parts thereof may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.650, or the costs may be assessed against the owner of the property on which the vehicle is stored. The term “incidental expenses” includes, but is not limited to, administrative costs, personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; towing/hauling, storage and removal/disposal expenses; and actual expenses and costs of the county in preparing notices, specifications and contracts associated with the abatement, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property, as set forth in subsection 109.7.6 of this section.
109.7.5 Interference. Any person who knowingly hinders, delays or obstructs any county employee acting on direction of the code official in the discharge of the county employee’s official powers or duties in abating a nuisance under this code, shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety days and/or a fine not exceeding $1,000.00.
109.7.6 Lien – Authorized. Title 21 Chapter21.05 Liens The county shall have a lien for the cost of any abatement proceedings under this code, and all other related costs. The lien shall run with the land, but shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the registered warrant rate as established by the Yakima County Treasurer.
109.7.6.1 The code official shall cause a claim for lien to be filed for record within ninety days from the later of the date that the work is completed, or the nuisance abated.
109.7.6.2 The claim of lien shall contain sufficient information regarding the notice of abatement, as determined by the code official, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.
109.7.6.3 Any such claim of lien shall be verified by the code official, and may be amended to reflect changed conditions.
109.7.6.4 Report to Assessor and Treasurer: Addition of assessment to tax statement After verification of the claim of lien, certified copies of the assessment shall be given to the Yakima County Treasurer who shall add the amount of the total assessment or the authorized annual installment of the next regular tax statement levied against the parcel.
109.7.6.5, Filing of Report with County Auditor. Title 21 Chapter 21.03.070 A certified copy of the assessment shall be filed with the County Auditor. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor’s map books for the current year.
109.7.6.6. Repayment of Repair, Removal And Demolition Fund. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair, removal and demolition fund.
109.8 Additional enforcement procedures. The provisions of this section are not exclusive, and may be used in addition to other enforcement provisions authorized by this code.
109.9 Removal of personal property and/or solid waste placed onto public access.
Once personal property and/or solid waste belonging to an evicted tenant has been placed onto public right-of-way pursuant to a court-ordered eviction per Title 59 RCW, the evicted tenant/owner of the personal property and/or solid waste or his/her designee shall have twenty-four hours to remove said personal property and/or solid waste from the public right-of-way. Notice of such removal after twenty-four hours shall be given to the evicted tenant/owner of the personal property and/or solid waste or his/her designee. If, after twenty-four hours, the evicted tenant/owner or his/her designee has not removed the personal property and/or solid waste from the public right-of-way, the property shall be deemed a nuisance, and the landlord/property owner or his/her designee shall remove the personal property and/or solid waste for proper disposal within forty-eight hours or the county shall seek to abate the nuisance, pursuant to Section 109.7, to be billed to the landlord/property owner or his/her designee.
109.10 Conflicts. In the event of a conflict between this code and any other provision of the Yakima County Code or other county ordinance providing for a civil penalty, this code shall control.
109.11 Representation by attorney. A person subject to proceedings under this code may appear on his or her own behalf or be represented by counsel.
The prosecuting attorney representing the county may, but need not, appear in any proceedings under this code.
Section 110 Emergency Measures
110.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life or the health or the safety of occupants, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
110.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
110.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
110.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
110.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or the owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.
110.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.
SECTION 111 Demolition
111.1 General. The code official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s judgment after review, is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary, or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official.
111.2 Notices and orders. All notices and orders shall comply with Section 107.
111.3 Failure to comply. If the owner or the owner’s authorized agent of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
111.4 (RESERVED)
Section 112 Means of appeal for notices other than notice of abatement
112.1 Application for appeal. Title 21 Chapter 21.06
Sections 112.2.1 through 112.8 are RESERVED
Section 113 RESERVED
Chapter 2 Repair Removal and Demolition Fund.
Section 201 – Repair Removal and Demolition Fund
201.1 General. The legislative body of this jurisdiction shall establish a special revolving fund to be designated as the repair, removal and demolition fund. Payments shall be made out of said fund upon the demand of the director of public services to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair, removal or demolition of dangerous buildings.
201.2 Maintenance of Fund. The Board of Yakima County Commissioners may at any time transfer to the repair, removal and demolition fund, out of any money in the general fund of Yakima County, such sums as it may deem necessary in order to expedite the performance of the work of repair, removal or demolition, and any sum so transferred shall be deemed a loan to the repair, removal and demolition fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the treasurer of Yakima County who shall credit the same to the repair, removal and demolition fund.
Chapter 3 Definitions
Section 301 General.
301.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.
301.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
301.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Residential Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, International Existing Building Code or the Electrical Code, such terms shall have the meanings ascribed to them as in those codes.
301.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
301.5 Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit,” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.”
Section 302 General Definitions
ABANDONED. In addition to those definitions provided by state codes, local ordinances and case law, the term “abandoned” means and refers to any item which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:
1. Present operability and functional utility;
2. The date of last effective use;
3. The condition of disrepair;
4. The last time an effort was made to repair or rehabilitate the item;
5. The status of registration or licensing of the item;
6. The age and degree of obsolescence;
7. The cost of rehabilitation or repair of the item versus its market value; and,
8. The nature of the area and location of the item.
ABATE means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the building official or fire marshal in his/her judgment shall determine is necessary in the interest of the general health, safety and welfare of the community.
ACT means doing or performing something.
ANCHORED. Secured in a manner that provides positive connection.
APPROVED. Approved by the code official.
BASEMENT. That portion of a building which is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
BUILDING means any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE is the International Building Code as adopted by this jurisdiction.
BUILDING OFFICIAL means the official designated in YCC 13.04.010 as the official authorized and designated as responsible for the enforcement and administration of YCC Title 13.
CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. See also “Building Official” and “Public Officer”
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage is conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts, retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or the board of appeals.
DANGEROUS BUILDING OR UNSAFE BUILDING OR STRUCTURE is any building or structure deemed to be dangerous or unsafe under the provisions of Section 108 of this code.
DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DEVELOPMENT means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a county regulation.
DISMANTLED means that from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies the removal.
[B] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.
EMERGENCY means a situation which, in the opinion of the building official, requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property.
ENFORCEMENT OFFICER means the building official or his designee.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HEALTH OFFICER means that local health official appointed as provided in RCW 70.05.050 or his or her properly authorized designee.
HISTORIC BUILDING. Any building or structure that is one or more of the following:
1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places
2. Designated as historic under an applicable state or local law.
3. Certified as a contributing resource within a National Register state or locally designated historic district.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
HULK HAULER means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed motor vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell second-hand vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2), which may be sold to a licensed motor vehicle wrecker or disposed of at a public facility for waste disposal.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests.
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
INOPERATIVE means incapable of functioning or producing activity for mechanical or other reasons.
JUNK MOTOR VEHICLE means a motor vehicle meeting at least three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including, but not limited to, any of the following: a buildup of debris that obstructs use, broken window or windshield; missing wheels, tires, tail/headlights, or bumpers; missing or nonfunctional motor or transmission; or body damage;
(c) Is apparently inoperable; or
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
LIENHOLDER means any person, as defined in this Chapter, who has a recorded interest in real property, including mortgagee, beneficiary under a deed of trust, or holder or other recorded liens or claims of interest in real property.
LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
NEGLECT. The lack of proper maintenance for a building or structure.
NUISANCE, VIOLATION or NUISANCE VIOLATION means:
(a) Doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission, which significantly affects, injures, or endangers the comfort, repose, health or safety of others, is unreasonably offensive to the senses, or obstructs or interferes with the free use of property so as to interfere with or disrupt the free use of that property by any lawful owner or occupant; or
(b) The existence of any of the following conditions:
(i) Premises containing accumulations of trash, junk, litter, boxes, lumber (excluding lumber for a construction project on the property with a valid permit);
(ii) Premises containing accumulations of salvage materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of seventy-two (72) hours;
(iii) Premises containing accumulations of ashes, concrete, crates, empty barrels, dead animals or animal waste, mattresses or bedding, white goods, packing cases or material, plaster, plastic, rags, yard waste or debris, discarded putrescibles, garbage, rubbish, refuse, oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides or waste (solid, liquid or gaseous) or other similar materials, except that kept in garbage cans or containers maintained for regular collection. Nothing in this subsection shall prevent the temporary retention of waste in approved, covered receptacles;
(iv) Premises containing accumulations of bottles, boxes, building materials which are not properly stored or neatly piled, cans, glass, tires, numerous pieces of broken or discarded furniture and furnishings, old appliances or equipment or any parts thereof, iron or other scrap metal, wire, salvage materials, or other recyclable items which have not been recycled within thirty (30) days of being deposited on the property,
(v) Dangerous buildings or structures as provided in Section 108.1.5.
(vi) Any junk motor vehicle including, but not limited to, any junk motor vehicle, vehicle hulk or any part thereof which is wrecked, inoperable or abandoned, or any disassembled trailer, house trailer, or part thereof.
Exceptions.
1. A vehicle or part thereof that is completely enclosed within a building permitted and approved in a lawful manner for the storage of vehicles or vehicle parts so that it is not visible from the street or other public or private property; or
2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.
(vii) Vehicle lots without approved land use;
(viii) Attractive Nuisances. Any nuisance defined in this subsection which is detrimental to children, whether in or on a building, on the premises of a building, or upon an unoccupied lot, which is left in any place exposed or accessible to children including, but not limited to, unused or abandoned, dismantled, wrecked, inoperable, unlicensed, and discarded objects, equipment or appliances such as, but not limited to vehicles, boats, water heaters, refrigerators, furniture which is not designed for outdoor use, household fixtures, machinery, equipment, freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles, hulk motor vehicles as defined in YCC Chapter 8.04; unfenced swimming pools with water depth more than two feet, any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors;
(ix) Obstructions to the public right-of-way including, but not limited to, use of property abutting a public street or sidewalk or use of a public street or sidewalk which causes any obstruction to traffic or to open access to the streets or sidewalks. This subsection shall not apply to events, parades, or the use of the streets or public rights-of-way when authorized by the county. This section includes the existence of drainage onto or over any sidewalk, street or public right-of-way, and the existence of any debris or plant growth on sidewalks adjacent to any property, and any personal property and/or solid waste that has been placed onto a public right-of-way pursuant to a court-ordered eviction per Title 59 RCW which has not been removed after twenty-four hours;
(x) Illegal dumping including, but not limited to, dumping of any type by any person on public or private property not designated as a legal dump site; and
(xi) Dumping in waterways including, but not limited to, dumping, depositing, placing or leaving of any garbage, ashes, debris, gravel, earth, rock, stone or other material upon the banks, channels, beds or bars of any navigable water, or the felling of any tree or trees, so that the same shall in whole or in part project within the high water bank of any navigable watercourse, or the casting, placing, depositing or leaving of any logs, roots, snags, stumps or brush upon the banks or in the bed or channel of any navigable watercourse, unless otherwise approved by the appropriate governmental agency.
(xii) Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation except for those items governed by Section 304 of the International Fire Code, which, in the opinion of the Fire Marshal or his Deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(xiii) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborage, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards except for those items governed by Section 304 of the International Fire Code,.
(xiv) Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer.
(xv) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.
(xvi) Public nuisances as enumerated in RCW 7.48.140.
(xvii) Any camping or recreational vehicle, as defined in YCC 19.010.70, which is occupied and for which a temporary use permit, as provided for in YCC 19.18.480, has not been issued.
(xviii) Any item or activity determined to constitute a nuisance under any ordinance adopted by Yakima County.
OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
OMISSION means a failure to act.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, renter(s), lessor(s) and other occupants residing permanently or temporarily on property.
PARK MODEL HOME. See RECREATIONAL PARK TRAILER
PERSON. An individual, corporation, partnership, joint venture, association, social club, fraternal organization, trust, estate, receiver, or any other entity, public or private, or any other group acting as a unit.
PERSON RESPONSIBLE FOR THE VIOLATION means any person who has an interest in or resides on the property where the alleged violation is occurring, whether as owner, tenant, occupant, or otherwise.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.
PREMISES. Any building, lot, plot or parcel, real estate, or land or portion of land, easement or public way, whether improved or unimproved, occupied or unoccupied, including any structures thereon, adjacent streets, sidewalks, parkways and parking strips.
PROPERTY means any real property including but not limited to land, lot, or parcel of land, or any hereditament held by any owner, and shall include any alley, sidewalk, parkway or unimproved public easement abutting such real property, lot or parcel of land.
PUBLIC NUISANCE See Nuisance
PUBLIC OFFICER means any officer who is in charge of any department or branch of the government of the county relating to health, fire, building regulation, or other activities concerning dwellings, buildings, structures, or premises in the county. The official designated in YCC 13.04.010 as the official authorized and designated as responsible for the enforcement and administration of YCC Title 13 shall have the authority to exercise such powers of enforcement as are authorized in RCW 35.80 and YCC 13.11. See also “Building Official” and “Code Official”
PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
RECREATIONAL PARK TRAILER. Per Chapter 296-150P WAC, a “recreational park trailer” is a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping or seasonal use, that meets the following criteria:
1. Built on a single chassis, mounted on wheels;
2. Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode; and
3. Certified by the manufacturer as complying with ANSI A119.5
RECREATIONAL VEHICLE Per Chapter 296-150R WAC, a “recreational vehicle” is a vehicular type unit primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle. Recreational vehicles include: Camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers.
REPEAT VIOLATION means a violation of the same regulation in any location by the same person, for which voluntary compliance previously has been sought or a notice of abatement has been issued, within the immediately preceding twelve consecutive month period.
ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
SCRAP means any manufactured metal or vehicle parts useful only as material for reprocessing.
SCRAP PROCESSOR means a licensed establishment that maintains a hydraulic baler and shears, or a shredder for recycling salvage.
SCREENED means not visible from any portion or elevation of any neighboring or adjacent public or private property, easement or right-of-way.
SHALL is defined to have the following meanings:
1. With respect to the functions and powers of the building official, any agents, officers or employees of Yakima County and Board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith;
2. With respect to the obligations upon owners and occupants of premises and their agents, a mandatory requirement to act in compliance with this code at the risk of civil and criminal liability upon failure to so act.
[B] SLEEPING UNIT A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE. Structure means anything constructed, built or planted upon, any edifice or building of any kind, or any piece of work artificially built up or compiled of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts and similar recreation areas.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.
VEHICLE means and includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
Motorcycles shall be considered vehicles for the purposes of this code. Mopeds and bicycles shall not be considered vehicles for the purposes of this code.
VEHICLE DEALER means any person, firm, association, corporation, or trust, not excluded by RCW 46.70.011, Definitions, subsection (18), engaged in the business of buying, selling, listing, exchanging, offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising the sale of new or used vehicles, or arranging or offering or attempting to solicit or negotiate on behalf of others, a sale, purchase, or exchange of an interest in new or used motor vehicles, irrespective of whether the motor vehicles are owned by that person. Vehicle dealers shall be classified as provided in RCW 46.70.011 (17) (a), (b), (c), and (d).
VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
WRECKED means that which has outward manifestation or appearance of damage to parts and contents which are essential to operation.
YARD. An open space on the same lot with a structure.
(Ord. 4-2021 § 2, 2021).
13.11.030 Amendments to Chapters 3 through 8 of the International Property Maintenance Code, 2018 Edition.
Chapters 3 through 8 of the International Property Maintenance Code, 2018 Edition, are amended by renumbering the chapters and chapter sections as Chapters 4 through 9, and further amended as follows:
Chapter 4 General Requirements
Section 401 General
401.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
401.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
401.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
Section 402 Exterior Property Areas
402.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
402.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
402.3 (Reserved)
402.4 (Reserved)
402.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
402.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
402.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
402.8 Motor vehicles. Except as provided for in other regulations, including but not limited to RCW 46.55.240, YCC 19, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
402.9 (Reserved)
Section 403 Swimming Pools, Spas and Hot Tubs
403.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
403.2 Enclosures. Private swimming pools containing water more than 24 inches (610 mm) in depth shall comply with the provisions of Section 305 of the International Swimming Pool and Spa Code as adopted and amended in YCC Title 13. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier as provided by YCC Title 13.
Section 404 Exterior Structure
404.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
404.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;
5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the building official.
404.2 (Reserved)
404.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
404.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
404.5 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
404.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof.
404.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof water shall not be discharged in a manner that creates a public nuisance.
404.8 (Reserved)
404.9 (Reserved)
404.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
404.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair.
404.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
404.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
403.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes.
403.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
404.14 (Reserved)
404.15 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 802.3.
404.16 (Reserved)
404.17 (Reserved)
404.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
404.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to manufacturer’s specifications and maintained in good working order For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
404.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking devices.
404.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
Section 405 Interior Structure
405.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
405.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load effects;
5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the building official.
405.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
405.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
405.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
405.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
405.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
Section 406 Component Serviceability
406.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.
406.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings:
1. Soils that have been subjected to any of the following conditions:
1.1. Collapse of footing or foundation system;
1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion;
1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;
1.4. Inadequate soil as determined by a geotechnical investigation;
1.5. Where the allowable bearing capacity of the soil is in doubt; or
1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.
2. Concrete that has been subjected to any of the following conditions:
2.1. Deterioration;
2.2. Ultimate deformation;
2.3. Fractures;
2.4. Fissures;
2.5. Spalling;
2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
3.1. Deterioration;
3.2. Corrosion;
3.3. Elastic deformation;
3.4. Ultimate deformation;
3.5. Stress or strain cracks;
3.6. Joint fatigue; or
3.7. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following conditions:
4.1. Deterioration;
4.2. Ultimate deformation;
4.3. Fractures in masonry or mortar joints;
4.4. Fissures in masonry or mortar joints;
4.5. Spalling;
4.6. Exposed reinforcement; or
4.7. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
5.1. Deterioration;
5.2. Elastic deformation;
5.3. Ultimate deformation;
5.4. Metal fatigue; or
5.5. Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
6.1. Ultimate deformation;
6.2. Deterioration;
6.3. Damage from insects, rodents and other vermin;
6.4. Fire damage beyond charring;
6.5. Significant splits and checks;
6.6. Horizontal shear cracks;
6.7. Vertical shear cracks;
6.8. Inadequate support;
6.9. Detached, dislodged or failing connections; or
6.10. Excessive cutting and notching.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the building official.
Section 407 Handrails And Guardrails
407.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted building code.
Section 408 Rubbish And Garbage
408.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
408.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
408.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
408.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.
408.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
408.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leak proof, covered, outside garbage container.
408.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
Section 409 Pest Elimination
409.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
409.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
409.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
409.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
409.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
Chapter 5 Light, Ventilation And Occupancy Limitations
Section 501 General
501.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
501.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.
501.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.
Section 502 Light
502.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The exterior glazing area shall be based on the total floor area being served.
502.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.
502.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
Section 503 Ventilation
503.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 502.1.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
503.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 503.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
503.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit.
Exception:
1. Where specifically approved in writing by the building official.
2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
503.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
503.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions.
Exception: Listed and labeled condensing (ductless) clothes dryers.
Section 504 Occupancy Limitations
504.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
504.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counter fronts and appliances or counter fronts and walls.
504.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm).
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be included.
504.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 504.4.1 through 504.4.5.
504.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m2) and every bedroom shall contain at least 70 square feet (6.5 m2).
504.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
504.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
504.4.4 Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.
504.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 6; the heating facilities and electrical receptacle requirements of Chapter 7; and the smoke detector and emergency escape requirements of Chapter 8.
504.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 504.5.
|
SPACE |
MINIMUM AREA IN SQUARE FEET |
||
|---|---|---|---|
|
1-2 occupants |
3-5 occupants |
6 or more occupants |
|
|
Living rooma, b |
120 |
120 |
150 |
|
Dining rooma, b |
No Requirement |
80 |
100 |
|
Bedrooms |
Shall comply with Section 504.4.1 |
||
a. See Section 504.5.2 for combined living room/dining room spaces.
b. See Section 504.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
504.5.1 Sleeping area. The minimum occupancy area required by Table 504.5 shall not be included in as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 504.4.
504.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 504.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
504.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
4. The maximum number of occupants shall be three.
504.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
Chapter 6 Plumbing Facilities And Fixture Requirements
Section 601 General
601.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
601.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter.
Section 602 Required Facilities
602.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
602.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
602.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.
602.4 Employees’ facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
602.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
602.5 (RESERVED)
Section 603 Toilet Rooms
603.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
603.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
603.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees’ regular working area to the facilities.
603.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
Section 604 Plumbing Systems And Fixtures
604.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
604.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
604.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back-siphonage, improper installation, deterioration or damage or for similar reasons, the building official shall require the defects to be corrected to eliminate the hazard.
Section 605 Water System
605.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Uniform Plumbing Code.
605.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
605.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
605.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
Section 606 Sanitary Drainage System
606.1 General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
606.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
606.3 (RESERVED)
Section 607 Storm Drainage
607.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
Chapter 7 Mechanical And Electrical Requirements
Section 701 General
701.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
701.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.
Section 702 Heating Facilities
702.1 Facilities required. Heating facilities shall be provided in structures as required by this section.
702.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in TABLE R301.2 (1) of the International Residential Code. Cooking appliances shall not be used, nor shall potable unvented fuel-burning space heaters be used, as a means to provide required space heating.
Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
702.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory, sleeping unit or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in TABLE R301.2 (1) of the International Residential Code.
2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained.
702.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
702.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.
Section 703 Mechanical Equipment
703.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
703.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are labeled for unvented operation.
703.3 Clearances. All required clearances to combustible materials shall be maintained.
703.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
703.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
703.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping there from, shall not be installed unless labeled for such purpose and the installation is specifically approved.
Section 704 Electrical Facilities
704.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 705.
704.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single phase electrical service having a minimum rating of 60 amperes.
704.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the building official shall require the defects to be corrected to eliminate the hazard.
704.3.1 (Reserved)
704.3.1.1 (Reserved)
704.3.2 (Reserved)
704.3.2.1 (Reserved)
Section 705 Electrical Equipment
705.1 Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
705.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.
705.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection.
705.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within floors, walls, or ceilings.
Section 706 Elevators, Escalators And Dumbwaiters
706.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator, or be posted in a publically conspicuous location approved by the building official. The inspection and tests shall be performed at not less than the periodical intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.
706.2 Elevators. In buildings equipped with passenger elevators, not less than one elevator shall be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
Section 707 Duct Systems
707.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
Chapter 8 Fire Safety Requirements
Section 801 General
801.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
801.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.
Section 802 Means Of Egress
[F] 802.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.
[F] 802.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed.
[F] 802.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.
[F] 802.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
Section 803 Fire-Resistance Ratings
[F] 803.1 Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
[F] 803.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smoke-stop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
Section 804 Fire Protection Systems
[F] 804.1 General. Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code.
[F] 804.1.1 Automatic sprinkler systems. Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25.
[F] 804.1.2 Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such signs shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire marshal.
[F] 804.2 Single – and multiple-station Smoke alarms. Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 804.2.2 and 804.2.3.
[F] 804.2.1 Where required. Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Sections 804.2.1.1 through 804.2.1.4. Interconnection and power sources shall be in accordance with Sections 804.2.2 and 804.2.3.
Exceptions:
1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided.
2. Where smoke alarms have been installed in occupancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with requirements that were in effect at the time of installation.
3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms.
[F] 804.2.1.1 Group R-1. Single- and multiple-station smoke alarms shall be installed in all of the following locations in Group R-1:
1. In sleeping areas.
2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit.
3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
[F] 804.2.1.2 Groups R-2, R-3, R-4 and I-1. Single- and multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, and I-1 regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basement but not crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
[F] 804.2.1.3 Installation near cooking appliances. Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 804.2.1.1 or 804.2.1.2.
1. Ionization smoke alarms shall not be installed less than 20 feet (6096 mm) horizontally from a permanently installed cooking appliance.
2. Ionization smoke alarms with an alarm-silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a permanently installed cooking appliance.
3. Photoelectric smoke alarms shall not be installed less than 6 feet (1829 mm) horizontally from a permanently installed cooking appliance.
[F] 804.2.1.4 Installation near bathrooms. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section 804.2.1.1 or 804.2.1.2.
[F] 804.2.2 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound on activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exceptions:
1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without the removal of interior finishes.
[F] 804.3 Power source. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for over-current protection.
Exceptions:
1. Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place.
2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source.
3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for building wiring without the removal of interior finishes.
[F] 804.2.4 Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:
1. The fire alarm system shall comply with all applicable requirements in Section 907 of the International Fire Code.
2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.3 of the International Fire Code.
3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.5 of the International Fire Code.
Chapter 9 Referenced Standards
This chapter lists the standards that are referenced in various sections of this code. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and the title and section or sections of this code that reference the standard. The application of the referenced standards shall be as specified in Section 102.7.
|
ASME |
American Society of Mechanical Engineers Three Park Avenue New York, NY 10016-5990 |
|
|
Standard Reference Number |
Title |
Referenced in Code Section Number |
|
A17.1/CSA B44- |
2013 Safety Code for Elevators and Escalators |
706.1 |
|
ASTM |
ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 |
|
|
Standard Reference Number |
Title |
Referenced in Code Section Number |
|
F1346 – 91 (2010) |
Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs |
403.2 |
|
ICC |
International Code Council 500 New Jersey Avenue, NW 6th Floor Washington, D.C. 20001 |
|
|
Standard Reference Number |
Title |
Referenced in Code Section Number |
|
IBC – 18 |
International Building Code® |
102.3, 301.3, 404.1.1, 406.1.1, 501.3, 802.3 |
|
IFC – 18 |
International Fire Code® |
102.3, 301.3, 704.3.1.1, 704.3.2.1, 802.1, 802.2, 804.1, 804.2 |
|
IEBC – 18 |
International Existing Building Code® |
102.3, 405.1.1, 406.1.1 |
|
IFGC – 18 |
International Fuel Gas Code® |
102.3 |
|
IMC – 18 |
International Mechanical Code® |
102.3, 301.3 |
|
IPC-18 |
International Plumbing Code® |
102.3, 301.3, 605.1, 702.2, 702.3 |
|
IZC-18 |
International Zoning Code® |
102.3, 301.3 |
|
NFPA |
National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269 |
|
|
Standard Reference Number |
Title |
Referenced in Code Section Number |
|
25-14 |
Inspection, Testing and Maintenance of Water-based Fire Protection Systems |
804.1.1 |
|
70-14 |
National Electrical Code |
102.4, 301.3, 704.2 |
(Ord. 4-2021 § 2, 2021).