The following sections of the International Building Code as adopted in LMC 14.04.010 are amended to read as follows:

Section 101.1 These regulations shall be known as the Building Code of the City of Lacey, Washington, hereinafter referred to as “this code.”

Section 101.4.3 Plumbing.

The provisions of the City of Lacey Plumbing Code as adopted by Lacey Municipal Code Chapter 14.06 shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the State of Washington requirements for private sewage disposal shall apply to private sewage disposal systems.

Section 101.4.4 Property Maintenance.

The provisions of the City of Lacey Property Maintenance Code adopted by Lacey Municipal Code Chapter 14.16 shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards, responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

Section 101.4.6 Energy.

The provisions of the State of Washington Energy Code adopted by Lacey Municipal Code Chapter 14.09 shall apply to all matters governing the design and construction of buildings for energy efficiency.

Section 101.4.7 Electrical.

The provisions of the City of Lacey Electrical Code as adopted in Lacey Municipal Code Chapter 14.13 shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

Section 104.1 General, is amended to read:

The building official is hereby authorized and directed to enforce the provisions of this code, including any requirements or regulations imposed on a project as a condition of a land use approval process, as those conditions relate to permit issuance as required in Section 105.3 and issuance of a certificate of occupancy as required in Section 111.2. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

Enforcement.

Recognizing the authority and responsibility vested in the building official under the codes adopted by this title, the building official is authorized to promulgate such rules, policies and/or procedures as deemed necessary to carry out the intent of this title and provide for the efficient operation of the permit process as it may be administered by the building official and staff. The building official is also authorized to enforce the provisions of this title. As part of such enforcement activities, the building official may, from time to time, record with the county auditor’s office notices of building permit for land use violations or notices and orders as specified within the city’s dangerous buildings code where said site has not been brought into compliance despite reasonable efforts included by the city.

Section 105.2, item 2 is amended to read:

Fences not over 7 feet (2134 mm) high, except fencing regulated by Section 419, subsection 3, Fencing.

Section 105.2, item 4 is amended to read:

Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, provided the wall is set back from any adjacent property lines or structures a distance at least equal to the height of the wall and the material retained slopes 1 vertical to 2 horizontal (or less) up and away from the wall unless supporting a surcharge or impounding Class I, II or IIIA liquids.

Section 105.2, item 11 is amended to read:

Swings and other playground equipment (accessory to detached one and two-family dwellings).

105.3.1 Action on application, is amended to read:

The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing.

If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto as required in Section 105.3.1.1 and that the fees specified have been paid, the building official shall issue a permit therefor as soon as practicable.

105.3.1.1 Prerequisites for issuance of permit:

The building official shall determine whether the following requirements have been met prior to issuance of a permit:

1. Any requirements or regulations imposed on a project as a condition of a land use approval process;

2. The Site Plan Review Committee has approved the site plan;

3. The landscaping plans have been approved;

4. The required fire apparatus access roads are installed and approved;

5. Water supplies for fire protection are installed and made serviceable;

6. Address(es) are assigned in accordance with LMC 12.04;

7. Plans for the construction of sidewalks; or sidewalks, curbs and gutters have been submitted to the department of public works;

8. Public works construction improvements are completed, or a performance bond is posted with the city;

9. If direct traffic mitigation is required, approved financial security is posted with the city;

10. Any transportation mitigation fees are paid;

11. Approval of design review as required by Lacey Municipal Code Chapter 14.23;

12. Compliance with the state environmental policy act, as adopted by Lacey Municipal Code Chapter 14.24;

13. Compliance with the flood management requirements as adopted by Lacey Municipal Code Chapter 14.34;

14. Compliance with the geologically sensitive areas protection requirements as required by Lacey Municipal Code Chapter 14.37;

15. Compliance with all requirements for final plat as required by Lacey Municipal Code Chapters 15.16.010, and 15.20.050;

16. In Planned Residential Developments, construction of at least 50% of the residences in the PRD have been built before any permits can be issued for any commercial uses;

17. For wireless communication facilities (towers), approval of a lease agreement that (a) allows the landholder to enter into leases with other providers and, (b) specifies that if the provider fails to remove the facility upon eighteen months of its discontinued use, the responsibility for removal falls with the landholder;

Section 107.1 shall have a new sentence added to the end of the paragraph as follows:

All plans for construction, erection, enlargement, alteration or repairs of building or structures 4,000 square feet or over shall be designed, prepared and stamped by an architect licensed by the state of Washington. Plans that are not designed to prescriptive structural methods shall require a design, prepared and stamped by an engineer licensed by the State of Washington.

Section 109.3 shall have a new sentence added to the end of the paragraph as follows:

The value for commonly built structures shall be determined by using the valuation table adopted by the building official by policy.

Section 111.2 Certificate issued, is amended to read as follows:

When the building and project site are completed as required in Sections 110.3.6 and 111, the permittee or authorized agent shall request a final inspection and issuance of the certificate of occupancy. This request shall be on a form provided by the building official. The form shall state that the building owner, building contractor, and where applicable, the building developer certify that “for the benefit of all users and occupants of this building, the building or portion for which this certificate of occupancy request applies meets all applicable codes and regulations of the City of Lacey. Such inspection request form, when submitted to the city, shall include the signatures of both the building owner and building contractor. After the building official inspects the building or structure and project site and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, including any other development regulation adopted by and contained within the Lacey Municipal Code either in whole or by reference, the building official shall issue a certificate of occupancy which shall contain the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit.

Add new Section 111.2, Prerequisites for issuance of certificate of occupancy.

The building official shall determine whether the following requirements have been met, as verified by the appropriate department director or designee, prior to issuance of a certificate of occupancy:

1. All provisions of the codes as noted in Section 111.2;

2. In multifamily developments, all street signs for all interior streets, whether public or private, complying with city standards, have been installed;

3. All improvements required in Lacey Municipal Code Sections 12.24.010 and 12.24.020, for sidewalk, curb and gutter construction are completed or an instrument of financial security acceptable to the City has been posted with the City;

4. If a property containing five or more dwelling units within the same complex, the property is registered in the Residential Building Rental Registration Program as detailed in Lacey Municipal Code Chapter 14.02;

5. All public works improvements are completed and approved, unless otherwise allowed by the director of public works;

6. All required landscaping improvements are completed or an acceptable instrument of financial security has been posted with the city;

7. If the permitted work is a townhouse development regulated by Lacey Municipal Code Chapter 16.61, final plat or final short plat approval has been completed;

8. All specific project conditions have been completed in accordance with the land use approval.

New Section 111.2.1.1 Financial Security.

Financial Security means a method of providing surety of financial performance and may include provision of a bond, assignment of savings, letter of credit or other financial guarantee acceptable to the City. The financial security shall be in the amount equal to 150 percent of the estimated costs for completion of the work covered by the security. All such secured work shall be completed within six months of the date of the issuance of the certificate of occupancy. One six-month extension may be granted by the enforcing officer if necessary to complete the work.

111.6 Violation of requirements for certificate of occupancy.

The City Council affirms that the issuance of any certificate of occupancy is of vital importance in the safeguarding of life safety, property safety and health of occupants of any structure; and further, that the enforcement of all city development regulations is of vital importance to the city’s economic vitality and the public good. Any person allowing a building to be occupied without a certificate of occupancy first being issued as required by this Chapter shall be subject to the civil penalty provisions of Section 111.6 and is subject to be ordered abated in accordance with the abatement procedures specified in Lacey Municipal Code Chapter 14, including posting to prevent occupancy.

111.6.1 Notice of civil penalty--certificate of occupancy violation.

111.6.1.1. Issuance.

1. When the building official determines that a violation of the certificate of occupancy requirements specified in Chapter 14.03, LMC has occurred or is occurring, the building official shall issue a Notice of Civil Violation to the person responsible for the violation. The “person responsible” can be the property owner, project developer, project superintendent, business owner, corporate owner, an agent of any of those persons, or any other person responsible for the control of the building or structure. Any one or combination of those persons may be cited, either separately or jointly.

111.6.1.2. Content.

The Notice of Civil Violation shall include the following information:

1. The name and address of the person responsible for the violation; and

2. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and

3. A description of the violation and a reference to Section 111 as amended herein; and

4. The required date and time by which the conditions preventing the issuance of a certificate of occupancy must be completed after which the city may order the building or structure vacated in accordance with the abatement procedure specified in Chapter 14.16, Lacey Municipal Code; and

5. A statement that the costs and expenses of abatement incurred by the city pursuant to Section 14.40.060(D) and a monetary penalty in an amount per day for each violation as specified in Section 111.6.1.5 may be assessed against the person to whom the Notice of Civil Violation is directed as specified and ordered by the building official.

111.6.1.3. Service of Notice.

The building official shall serve the Notice of Civil Violation upon the person to whom it is directed, either personally or by mailing a copy of the Notice of Civil Violation to such person at their last known address. If the person to whom it is directed cannot after due diligence be personally served within Thurston County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the Notice of Civil Violation 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 that due diligence was used in attempting to serve the person personally or by mail.

111.6.1.4. Extension.

No extension of the time specified in the Notice of Civil Violation for correction of the violation may be granted, except by order of the hearings examiner.

111.6.1.5. Monetary Penalty.

The monetary penalty for each separate violation shall be 1% of the permit value of the building or structure, with a minimum of $500.00.

111.6.1.6. Continued Duty to Correct.

Payment of the monetary penalty does not relieve the person to whom the Notice of Civil Violation was issued of the duty to correct the violation.

111.6.1.7. Collection of Monetary Penalty.

1. The monetary penalty constitutes a personal obligation of the person to whom the Notice of Civil Violation is directed. Any monetary penalty assessed must be paid to the city of Lacey at the department of community and economic development within ten calendar days from the date of notice from the city that penalties are due.

2. The city shall contract with a collection agency in order to collect monetary penalties from individuals who do not pay within ten calendar days as specified above, or within ten days of the appeal hearing, if such hearing is held.

111.6.1.8. Civil penalties imposed under this chapter shall be paid to the city for deposit in the abatement fund established by LMC Chapter 14.16.

111.6.1.9. The notice of the civil penalty shall be a final order of the city unless, within five days after the notice is received, the person incurring the penalty appeals the penalty by filing a notice of appeal with the department of community and economic development. If a notice of appeal is filed in a timely manner, a hearing shall be conducted by the hearings examiner. Such hearing shall be conducted in accordance with chapters 34.05 and 34.12 RCW, and Section 1D.010 of the Development Guidelines and Public Works Standards. At the conclusion of the hearing, the Hearings Examiner shall determine whether the penalty should be affirmed, reduced, or not imposed and shall issue a final order setting forth the civil penalty assessed, if any. The order issued by the Hearings Examiner may be appealed to superior court.

111.6.1.10. Failure to Appear.

If the person to whom the Notice of Civil Penalty was issued fails to appear at the scheduled hearing, the examiner will enter an order finding that the violation occurred and assessing the appropriate monetary penalty. The city will carry out the hearings examiner’s order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person.

111.6.1.11. Appeal to Superior Court.

An appeal of the hearings examiner’s decision must be filed with the Thurston County Superior Court within twenty calendar days from the date the final appeal decision was mailed to the person to whom the Notice of Civil Penalty was directed, or is thereafter barred.

Section 425. In all rental unit complexes consisting of five or more dwelling units, each unit shall be provided with the following crime prevention devices and design considerations:

1. Security locking devices:

a. Single-cylinder deadbolt locks on all exterior hinged doors;

b. A reinforced 4-inch strike-plate attached to the wood framing by not less than two No. 8 by 3-inch screws;

c. A door viewer having a field of vision of not less than 180 degrees;

d. Secondary security locking device on all sliding doors in addition to the factory-provided door locking device;

e. Secondary security locking device on all sliding windows in addition to the factory-installed sash-type lock;

f. Secondary security locking device on all crank-type or jalousie windows separate from the factory-installed crank device.

All secondary security locks must meet the requirements of Section 310.4, to be openable without keys, any special knowledge or effort.

2. Lighting:

a.    All walkways, hallways, stairwells and entry areas shall be provided with lighting that provides a minimum illumination at floor/ground level of one foot-candle.

b.    All entrance foyers and entryway areas shall be provided with lighting that provides a minimum illumination of three foot-candles at the floor level.

c.    All parking lot lighting shall be provided with timers or photo-electric switching that turns the lighting on automatically at dusk.

3. Fences:

All fences constructed must be constructed to provide through-visibility. Sight-obscuring fencing is not permitted. Fences in Group R, Division 2 Occupancies are not exempt from building permit requirements.

4. Signs:

a.    Address numbers shall be provided for all buildings in such a position as to be plainly visible and legible from the street or road fronting the property.

b.    One sign, located at an approved location at the entrance to the property shall be provided for a map of the entire complex. This site map shall include the roadway layout, building locations, building addresses.

c.    Warning Signs: Each complex shall install a sign, located at an approved location at the entrance to the property containing the words: “No Trespassing On This Property. LMC 9.28.080 - .090.”

Section 705.5. Exterior walls shall be fire-resistance rated in accordance with Tables 601 and 602 and this section. Nothing in this section shall be construed as eliminating or reducing the fire-resistance of exterior walls based on Type of Construction requirements.

The required fire-resistance rating of exterior walls with a fire separation distance of greater than 10 feet shall be rated for exposure to fire from the inside only, if both sides are not required due to type of construction classification. The required fire-resistance rating of exterior walls with a fire separation distance of less than or equal to 10 feet shall be rated for exposure to fire from both sides.

Section 1009.2.1. Elevators Required.

In buildings where a required accessible floor is four or more stories above grade plane, at least one required accessible means of egress shall be an elevator complying with Section 1007.4. (Exceptions remain as published.)

Section 1009.8.1 is amended as follows:

Two-way communication.

A telephone with controlled access to the fire alarm control system for two-way communications shall be provided between each area of refuge and the fire alarm monitoring center. The telephone or other two-way communication system shall be located with the reach ranges as specified in the Washington State Building Code requirements for accessibility by persons with disabilities. The emergency communication system must be visible when the telephone is activated. This non-verbal means must enable the fire alarm monitoring center to determine the area or areas of refuge.