Record No: CB 118777    Version: 1 Council Bill No: CB 118777
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 10/3/2016
Ordinance No: Ord 125157
Title: AN ORDINANCE relating to the Seattle Plumbing Code; amending Section 22.502.016 of the Seattle Municipal Code and adopting by reference Chapter 51-56 of the Washington Administrative Code with amendments, except Sections 51-56-008 and 51-56-0100; adopting a new Chapter 1 related to administration, permitting, and enforcement; and repealing Ordinance 124615 and Sections 3-12 of Ordinance 124274.
Sponsors: Rob Johnson
Attachments: 1. 125157.pdf
Supporting documents: 1. Summary and Fiscal Note, 2. Presentation (09/15/16), 3. Clerk File 319949, 4. Signed Ord 125157, 5. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to the Seattle Plumbing Code; amending Section 22.502.016 of the Seattle Municipal Code and adopting by reference Chapter 51-56 of the Washington Administrative Code with amendments, except Sections 51-56-008 and 51-56-0100; adopting a new Chapter 1 related to administration, permitting, and enforcement; and repealing Ordinance 124615 and Sections 3-12 of Ordinance 124274.

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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 22.502.016 of the Seattle Municipal Code, last amended by Ordinance 124274, is amended as follows:

22.502.016 Adoption of 2015 Plumbing Code and Local ((Administrative)) Amendments

The Seattle Plumbing Code consists of: 1) all of ((C))chapter 51-56 of the Washington Administrative Code (WAC) in effect on July 1, ((2013)) 2016, except Sections 51-56-008 and 51-56-0100; 2) ((the)) amendments and additions to ((that)) ((C))chapter 51-56 WAC adopted by City Council by ordinance; and 3) Chapter 1, which is composed of all local provisions ((1 adopted by City Council by ordinance)). One copy of ((C))chapter 51-56 of the Washington Administrative Code in effect on July 1, ((2013)) 2016, is filed with the City Clerk in ((C.F. 313186)) Clerk File 319949.

Section 2. Chapter 1 of the Seattle Plumbing Code is adopted to read as follows:

CHAPTER 1

ADMINISTRATION.

SECTION 101

TITLE.

101.1 Title.  These regulations shall be known as the “Seattle Plumbing Code,” may be cited as such, and are referred to herein as “this code.”  All references to the Uniform Plumbing Code contained in this code mean the Seattle Plumbing Code.

SECTION 102
PURPOSE.

102.1 Purpose. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of plumbing systems within the City. The purpose of this code is to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

SECTION 103
APPLICABILITY AND SCOPE.

103.1 Scope. This code applies to the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing systems within the City. The design and testing of equipment regulated by this code are subject to the approval of the Authority Having Jurisdiction.

103.2 Internal consistency. If in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive governs. If there is a conflict between a general requirement and a specific requirement, the specific requirement governs.

103.3 Referenced codes and standards. The codes and standards referenced in this code are part of the requirements of this code to the extent prescribed by each such reference. If differences occur between provisions of this code and referenced codes and standards, the provisions of this code 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 and manufacturer’s instructions apply.

103.4 Appendices. Provisions in the Uniform Plumbing Code appendices do not apply except Appendices A, B and I which are specifically adopted.

103.5 Metric units.  Wherever in this code there is a conflict between metric units of measurement and U.S. customary units, the U.S. customary units govern.

103.6 References to other codes.  Whenever an International, National or Uniform Code is referenced in this code, it means the Seattle edition of that code, including local amendments.  References to the “Building Code,” “Mechanical Code,” “Fuel Gas Code,” “Fire Code” and “Residential Code” mean the Seattle editions of those codes.

SECTION 104
APPLICATION TO EXISTING PLUMBING SYSTEMS.

104.1 Additions, alterations, renovations or repairs. Additions, alterations, renovations or repairs may be made to any plumbing system without requiring the existing plumbing system to comply with all the requirements of this code, if the addition, alteration, renovation or repair conforms to the standards required for a new plumbing system. Additions, alterations, renovations or repairs shall not cause an existing system to become unsafe, unhealthy or overloaded.

Minor additions, alterations, renovations, and repairs to existing plumbing systems may be installed in accordance with the law in effect at the time the original installation was made, if approved by the Authority Having Jurisdiction.

104.2 Existing installations. Plumbing systems lawful at the time of the adoption of this code may continue their use, be maintained or repaired, or have components replaced if the use, maintenance, repair, or component replacement is done in accordance with the basic original design and location, and no hazard to life, health or property has been or is created by such plumbing system.

104.3 Changes in building occupancy. Plumbing systems that are a part of a building or structure undergoing a change in occupancy as defined in the International Building Code shall comply with all requirements of this code that are applicable to the new use or occupancy.

104.4 Maintenance. All plumbing systems, materials, equipment, appurtenances and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards that were required by a code in effect when the plumbing system was installed shall be maintained in conformance with the code edition under which installed. The owner or the owner's designated agent is responsible for maintenance of plumbing systems and equipment. To determine compliance with this subsection, the Authority Having Jurisdiction may cause a plumbing system or equipment to be reinspected.

104.5 Landmarks--Historic buildings and structures. The Authority Having Jurisdiction may modify the specific requirements of this code as it applies to landmarks and require in lieu thereof alternate requirements that, in the opinion of the Authority Having Jurisdiction, will result in a reasonable degree of safety to the public and the occupants of those buildings.

For purposes of this section, a landmark is a building or structure: that is subject to a requirement to obtain a certificate of approval from the City Landmarks Preservation Board before altering or making significant changes to specific features or characteristics, that has been nominated for designation and the City Landmarks Preservation Board has not issued a determination regarding designation, that has been designated for preservation by the City Landmarks Preservation Board, that has been designated for preservation by the State of Washington, that has been listed or determined eligible to be listed in the National Register of Historic Places, or that is located in a landmark or special review district subject to a requirement to obtain a certificate of approval before making a change to the external appearance of a structure.

SECTION 105
ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION.

105.1 Alternate materials and methods of construction and design. This code does not prevent the use of any material, design or method of construction not specifically allowed or prohibited by this code, provided the alternate has been approved and its use authorized by the Authority Having Jurisdiction. The Authority Having Jurisdiction may approve an alternate, provided the Authority Having Jurisdiction finds that the proposed alternate complies with the provisions of this code and that the alternate, when considered together with other safety features of the building or other relevant circumstances, will provide at least an equivalent level of strength, effectiveness, fire resistance, durability, safety and sanitation.  The Authority Having Jurisdiction may require that sufficient evidence or proof be submitted to reasonably substantiate any claims regarding the use or suitability of the alternate. The Authority Having Jurisdiction may, but is not required to, record the approval of alternates and any relevant information in the files of the Authority Having Jurisdiction or on the approved permit application documents.

SECTION 106
MODIFICATIONS.

106.1 Modifications.  The Authority Having Jurisdiction may modify the provisions of this code for individual cases if the Authority Having Jurisdiction finds:  (1) there are practical difficulties involved in carrying out the provisions of this code; (2) the modification is in conformity with the intent and purpose of this code; and (3) the modification will provide a reasonable level of strength, effectiveness, fire resistance, durability, safety and sanitation when considered together with other safety features of the building or other relevant circumstances.  The Authority Having Jurisdiction may, but is not required to, record the approval of modifications and any relevant information in the files of the Authority Having Jurisdiction or on the approved construction documents.

SECTION 107
TESTS.

107.1 Tests.  Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that any material or method of construction does not conform to the requirements of this code, the Authority Having Jurisdiction may require tests as proof of compliance, to be made at no expense to the City. Test methods shall be as specified in this code or by other recognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the Authority Having Jurisdiction shall determine the test procedures. All tests shall be made by an approved agency. Reports of such tests shall be provided to the Authority Having Jurisdiction and retained by the Authority Having Jurisdiction for the period required for retention of public records.

SECTION 108
ORGANIZATION AND DUTIES OF AUTHORITY HAVING JURISDICTION.

108.1 Jurisdiction of Public Health-Seattle and King County.  The Director of Public Health-Seattle and King County is the Authority Having Jurisdiction.  The Director and the Director’s authorized representative are authorized to administer and enforce this code; provided, that the Director of Seattle Public Utilities or his or her authorized representative shall administer and enforce provisions relating to the inspection and approval of water meters and, where applicable, building supply piping. 

108.2 Designees. The Authority Having Jurisdiction may appoint such officers, inspectors, assistants and employees as are authorized from time to time. The Authority Having Jurisdiction may authorize such employees and other agents as may be necessary to carry out the functions of the Authority Having Jurisdiction.

108.3 Right of entry. With the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued warrant, the Authority Having Jurisdiction may enter a building or premises at any reasonable time to perform the duties imposed by this code.

108.4 Liability. Nothing in this code is intended to be nor shall be construed to create or form the basis for any liability on the part of the Authority Having Jurisdiction or the City, or their officers, employees or agents, for any injury or damage resulting from the failure of equipment to conform to the provisions of this code, or by reason or as a consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this code, or by reason of any action or inaction on the part of the Authority Having Jurisdiction or the City related in any manner to the enforcement of this code by their officers, employees or agents.

This code shall not be construed to lessen or relieve the responsibility of any person owning, operating or controlling any equipment, building or structure for any damages to persons or property caused by defects, nor shall the Authority Having Jurisdiction or the City of Seattle be held to have assumed any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.

108.5 Responsibility for compliance. Compliance with the requirements of this code is the obligation of the owner of the building, structure or premises, the authorized agent of the owner, and other persons responsible for the condition or work, and not of the Authority Having Jurisdiction or the City or any of their officers, employees or agents.

SECTION 109
UNSAFE EQUIPMENT AND HAZARD CORRECTION ORDER.

109.1 Emergency order.  Whenever the Authority Having Jurisdiction finds that any equipment regulated by this code is in such a dangerous and unsafe condition as to constitute an imminent hazard to life or limb, the Authority Having Jurisdiction may issue an emergency order. The emergency order may (1) direct that the equipment be restored to a safe condition by a date certain; (2) require that the building, structure or premises, or portion thereof, containing the equipment be vacated within a reasonable time to be specified in the order, or in the case of extreme danger, the order may specify immediate vacation of the building, structure or premises, or portion thereof; or (3) authorize immediate disconnection of the utilities. 

109.1.1 Service of emergency order. The order shall be posted on the premises or personally served on the owner of the building or premises or any person responsible for the condition. The order shall specify the time for compliance. 

109.1.2 Effect of emergency order.  No person may occupy a building, structure or premises, or portion thereof, after the date on which the building is required to be vacated until the building, structure or premises, or portion thereof, is restored to a safe condition as required by the order and this code.  It is a violation for any person to fail to comply with an emergency order issued by the Authority Having Jurisdiction.

109.2 Hazard correction order. Whenever the Authority Having Jurisdiction finds that unsafe equipment exists, the Authority Having Jurisdiction may issue a hazard correction order specifying the conditions causing the equipment to be unsafe and directing the owner or other person responsible for the unsafe equipment to correct the condition by a date certain.  In lieu of correction, the owner may submit a report or analysis to the Authority Having Jurisdiction analyzing said conditions and establishing that the equipment is, in fact, safe.  The Authority Having Jurisdiction may require that the report or analysis be prepared by a licensed engineer.

109.2.1 Service of hazard correction order. The order shall be served upon the owner, agent or other responsible person by personal service or regular first class mail addressed to the last known address of such person or  if no address is available after reasonable inquiry, the order may be posted in a conspicuous place on the premises. The order may also be posted if served by personal service or first class mail. 

109.2.2 Effect of hazard correction order.  It is a violation for any person to fail to comply with a hazard correction order as specified in this subsection.

SECTION 110

ENFORCEMENT, VIOLATIONS AND PENALTIES.

110.1 Violations. It is a violation of this code for any person to:

1.                     Install, erect, construct, enlarge, alter, repair, replace, remodel, move, improve, remove, convert or demolish, equip, occupy, use or maintain any plumbing system or equipment, or cause or permit the same to be done, in the City, contrary to or in violation of any of the provisions of this code.

2.                     Knowingly aid, abet, counsel, encourage, hire, induce or otherwise procure another to violate or fail to comply with this code.

3.                     Use any material or install any device, appliance or equipment that is subject to this code and has not been approved by the Authority Having Jurisdiction.

4.                     Violate or fail to comply with any order issued by the Authority Having Jurisdiction pursuant to the provisions of this code or with any requirements of this code.

5.                     Remove, mutilate, destroy or conceal any notice or order issued or posted by the Authority Having Jurisdiction pursuant to the provisions of this code, or any notice or order  issued or posted by the Authority Having Jurisdiction in response to a natural disaster or other emergency.

6.                     Conduct work under a permit without requesting an inspection as required by Section 116.

110.2 Notice of violation. If, after investigation, the Authority Having Jurisdiction determines that standards or requirements of this code have been violated or that orders or requirements have not been complied with, the Authority Having Jurisdiction may issue a notice of violation upon the owner, agent, or other person responsible for the action or condition.  The notice of violation shall state the standards or requirements violated, shall state what corrective action, if any, is necessary to comply with the standards or requirements, and shall set a reasonable time for compliance.

110.2.1 Service of notice of violation. The notice shall be served upon the owner, agent or other responsible person by personal service or regular first class mail addressed to the last known address of such person, or if no address is available after reasonable inquiry, the notice may be posted in a conspicuous place on the premises. The notice may also be posted if served by personal service or first class mail. Nothing in this section limits or precludes any action or proceeding to enforce this code, and nothing obligates or requires the Authority Having Jurisdiction to issue a notice of violation prior to the imposition of civil or criminal penalties.

110.2.2 Review of notice of violation by the Authority Having Jurisdiction.  Any person affected by a notice of violation issued pursuant to Section 110.2 may obtain a review of the notice by making a request in writing to the Authority Having Jurisdiction within ten days after service of the notice.  When the last day of the period computed is a Saturday, Sunday, or city holiday, the period runs until 5 p.m. of the next business day. 

110.2.2.1 Review procedure. The review shall occur not less than ten nor more than 20 days after the request is received by the Authority Having Jurisdiction unless otherwise agreed to by the person requesting the review.  Any person affected by the notice of violation may submit additional information to the Authority Having Jurisdiction.

The review shall be made by a representative of the Authority Having Jurisdiction who will review any additional information that is submitted and the basis for issuance of the notice of violation. The reviewer may request clarification of the information received and a site visit. 

110.2.2.2 Decision. After the review, the Authority Having Jurisdiction shall:

1. Sustain the notice;

2. Withdraw the notice;

3. Amend the notice; or

4. Continue the review to a date certain.

110.2.2.3 Order.  The Authority Having Jurisdiction shall issue an order containing the decision within 15 days of the date that the review is completed and shall cause the order to be mailed by regular first class mail to the persons requesting the review and the persons named on the notice of violation, addressed to their last known address.

110.3 Stop work orders. The Authority Having Jurisdiction may issue a stop work order whenever any work is being done contrary to the provisions of this code, contrary to a permit issued by the Authority Having Jurisdiction, or in the event of dangerous or unsafe conditions related to equipment or construction.  The stop work order shall identify the violation and may prohibit work or other activity on the site.

110.3.1 Service of stop work order. The Authority Having Jurisdiction shall serve the stop work order by posting it in a conspicuous place at the site.  If posting is not physically possible, then the stop work order may be served by personal service or by regular first class mail to the last known address of: the property owner, the person doing or causing the work to be done, or the holder of a permit if work is being stopped on a permit. For purposes of this section, service is complete at the time of posting or of personal service, or if mailed, three days after the date of mailing.  When the last day of the period so computed is a Saturday, Sunday or city holiday, the period runs until 5 p.m. on the next business day. 

110.3.2 Effective date of stop work order.  Stop work orders are effective when posted, or if posting is not physically possible, when one of the persons identified in Section 110.3.1 is served.

110.3.3 Review of stop work orders by the Authority Having Jurisdiction. Any person aggrieved by a stop work order may obtain a review of the order by delivering to the Authority Having Jurisdiction a request in writing within two business days of the date of service of the stop work order. 

110.3.3.1 Review procedure. The review shall occur within two business days after receipt by the Authority Having Jurisdiction of the request for review unless otherwise agreed by the person making the request. Any person affected by the stop work order may submit additional information to the Authority Having Jurisdiction for consideration as part of the review at any time prior to the review. The review will be made by a representative of the Authority Having Jurisdiction who will review all additional information received and may also request a site visit.

110.3.3.2 Decision.  After the review, the Authority Having Jurisdiction may:

1. Sustain the stop work order;

2. Withdraw the stop work order;

3. Modify the stop work order; or

4. Continue the review to a date certain.

110.3.3.3 Order. The Authority Having Jurisdiction shall issue an order containing the decision within two business days after the review is completed and shall cause the order to be sent by regular first class mail to the person or persons requesting the review, any person on whom the stop work order was served, and any other person who requested a copy before issuance of the order, addressed to their last known address.

110.4 Authority to disconnect utilities in emergencies. The Authority Having Jurisdiction has the authority to disconnect water, fuel-gas utility service or energy supplies to a building, structure, premises or equipment regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Authority Having Jurisdiction may enter any building or premises to disconnect utility service. The Authority Having Jurisdiction shall, whenever possible, notify the serving utility, the owner and the occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify the serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter.

110.5 Authority to condemn equipment. Whenever the Authority Having Jurisdiction determines that any equipment or portion thereof regulated by this code is hazardous to life, health or property, the Authority Having Jurisdiction shall order in writing that such equipment either be disconnected, removed or restored to a safe or sanitary condition, as appropriate. The written notice shall fix a date certain for compliance with such order.  It is a violation for any person to use or maintain defective equipment after receiving such notice.

When any equipment or installation is to be disconnected, the Authority Having Jurisdiction shall give written notice of such disconnection and causes therefore within 24 hours to the serving utility, the owner and the occupant of the building, structure or premises. When any equipment is maintained in violation of this code, and in violation of a notice issued pursuant to the provisions of this section, the Authority Having Jurisdiction shall institute any appropriate action to prevent, restrain, correct or abate the violation.

110.6 Connection after order to disconnect. No person shall make connections from any water, energy, fuel or power supply nor supply water, energy or fuel to any equipment regulated by this code that has been disconnected or ordered to be disconnected by the Authority Having Jurisdiction, or the use of which has been ordered to be discontinued by the Authority Having Jurisdiction until the Authority Having Jurisdiction authorizes the reconnection and use of such equipment.

110.7 Civil penalties.  Any person violating or failing to comply with the provisions of this code is subject to a cumulative civil penalty in an amount not to exceed $500 per day for each violation from the date the violation occurs or begins until the date compliance is achieved.  In cases where the Authority Having Jurisdiction has issued a notice of violation, the violation will be deemed to begin, for purposes of determining the number of days of violation, on the date compliance is required by the notice of violation. 

110.8 Enforcement in Municipal Court.  Civil actions to enforce this code shall be brought exclusively in Seattle Municipal Court, except as otherwise required by law or court rule.  In any civil action for a penalty, the City has the burden of proving by a preponderance of the evidence that a violation exists or existed; the issuance of a notice of violation or of an order following a review by the Authority Having Jurisdiction is not itself evidence that a violation exists.

110.9 Judicial review.  Because civil actions to enforce this code must be brought exclusively in Seattle Municipal Court pursuant to Section 110.8, orders of the Authority Having Jurisdiction, including notices of violation issued under this chapter, are not subject to judicial review pursuant to chapter 36.70C RCW.

110.10 Alternative criminal penalty.  Anyone who violates or fails to comply with any notice of violation or order issued by the Authority Having Jurisdiction pursuant to this code or who removes, mutilates, destroys or conceals a notice issued or posted by the Authority Having Jurisdiction shall, upon conviction thereof, be punished by a fine of not more than $5000 or by imprisonment for not more than 365 days, or by both such fine and imprisonment for each separate violation.  Each day's violation shall constitute a separate offense.

110.11 Additional relief.  The Authority Having Jurisdiction may seek legal or equitable relief to enjoin any acts or practices and abate any condition when necessary to achieve compliance. 

110.12 Administrative review by the Authority Having Jurisdiction.  Prior to issuance of the plumbing permit, applicants may request administrative review by the Authority Having Jurisdiction of decisions or actions pertaining to the administration and enforcement of this code.  Requests shall be addressed to the Authority Having Jurisdiction.

110.13 Administrative review by the Construction Codes Advisory Board.  After administrative review by the Authority Having Jurisdiction, and prior to issuance of the plumbing permit, applicants may request review of decisions or actions pertaining to the application and interpretation of this code by the Construction Codes Advisory Board according to International Building Code Section 103.11, except for stop work orders, notices of violations and revocations of permits.  The review will be performed by three or more members of the Construction Codes Advisory Board, chosen by the Board Chair. The Chair shall consider the subject of the review and members’ expertise when selecting members to conduct a review.  The decision of the review panel is advisory only; the final decision is made by the Authority Having Jurisdiction.

110.14 Recording. The Authority Having Jurisdiction may record a copy of any order or notice with the Department of Records and Elections of King County.

110.15 Appeal to Superior Court. Final decisions of the Seattle Municipal Court on enforcement actions authorized by Title 22 and this code may be appealed pursuant to the Rules for Appeal of Decisions of Courts of Limited Jurisdiction.

SECTION 111
RULES OF THE AUTHORITY HAVING JURISDICTION.

111.1 Authority. The Authority Having Jurisdiction has authority to issue interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary to clarify the application of the provisions of this code.  Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. 

111.2 Procedure for adoption of rules. The Authority Having Jurisdiction shall promulgate, adopt and issue rules according to the procedures specified in the Administrative Code, Chapter 3.02 of the Seattle Municipal Code.

SECTION 112
CONSTRUCTION CODES ADVISORY BOARD.

112.1 Construction Codes Advisory Board committee.  A committee of the Construction Codes Advisory Board may examine proposed administrative rules, and amendments relating to this code and related provisions of other codes and make recommendations to the Authority Having Jurisdiction and to the City Council for changes in this code.  The committee will be called on as needed by the Construction Codes Advisory Board.

SECTION 113
PERMITS.

113.1 Permits required. Except as otherwise specifically provided in this code, a permit shall be obtained from the Authority Having Jurisdiction prior to each installation, alteration, repair, replacement or remodel of any equipment or plumbing system regulated by this code.  A separate plumbing permit is required for each separate building or structure. 

113.2 Work exempt from permit.

 A plumbing permit is not required for the work listed below. 

1.                     The stopping of leaks in drains, soil, waste, or vent pipes, provided, that when a drainpipe, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code.

2.                     The clearing of stoppages, including the removal and reinstallation of water closets, or the repairing of leaks in pipes, valves, or fixtures, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

113.3 Compliance required. All work shall comply with this code, even where no permit is required.

113.4 Flood hazard areas. In addition to the permit required by this section, all work to be performed in areas of special flood hazard as defined in Chapter 25.06 of the Seattle Municipal Code, subject to additional standards and requirements set forth in Chapter 25.06, the Seattle Floodplain Development Ordinance.

113.5 Emergency repairs. In the case of an emergency, the installation, alteration or repair of any plumbing system or equipment may be made without a permit, provided that application for a permit is made within the later of 24 hours or one working day from the time when the emergency work was started.

SECTION 114
APPLICATION FOR PERMIT.

114.1 Application. To obtain a permit, the applicant shall first file an application in a format determined by the Authority Having Jurisdiction. Every such application shall:

1.                     Identify and describe the work to be covered by the permit for which application is made.

2.                     Describe the land on which the proposed work is to be done by legal description, property address or similar description that will readily identify and definitely locate the proposed building or work.

3.                     Provide the contractor's business name, address, phone number and current contractor registration number.

4.                     Be accompanied by plans, diagrams, computations and specifications, equipment schedules and other data as required by the Authority Having Jurisdiction.

5.                     Be signed by the owner of the property or building, or the owner’s authorized agent, who may be required to submit evidence to indicate such authority.

6.                     Give such other data and information as may be required by the Authority Having Jurisdiction.

7.                     State the name of the owner and the name, address and phone number of a contact person.

SECTION 115
APPLICATION REVIEW AND PERMIT ISSUANCE.

115.1 Issuance. The application shall be reviewed by the Authority Having Jurisdiction.  The application may be reviewed by other departments of the Authority Having Jurisdiction or the City to check compliance with the laws and ordinances under their jurisdiction.

115.1.1 Issuance of permit. The Authority Having Jurisdiction shall issue a permit to the applicant if the Authority Having Jurisdiction finds the following:

1. The work described in the construction documents substantially conforms to the requirements of this code and other pertinent laws and ordinances;

2. The fees specified in the Seattle Municipal Code Chapter 22.504 have been paid; and

3.                     The applicant has complied with all requirements to be performed prior to issuance of a permit for the work under other pertinent laws, ordinances or regulations, or otherwise imposed by the Authority Having Jurisdiction.

When the permit is issued, the applicant or the applicant’s authorized agent becomes the permit holder.

115.1.2 Compliance with approved plans and permit.  When the Authority Having Jurisdiction issues a permit, the Authority Having Jurisdiction shall endorse the permit in writing or in electronic format and, where plans are required, stamp the plans “APPROVED.”  Such approved plans and permit shall not be changed, modified or altered without authorization from the Authority Having Jurisdiction, and all work shall be done in accordance with the approved plans and permit except as authorized by the Authority Having Jurisdiction during a field inspection to correct errors or omissions.

115.2 Validity of permit. The issuance or granting of a permit or approval of plans shall:

1.                      Not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or other pertinent laws and ordinances.

2.                     Not prevent the Authority Having Jurisdiction from requiring the correction of errors in the plans, or from preventing building operations being carried on thereunder when in violation of this code or of other pertinent laws and ordinances of the City.

3.                     Not prevent the Authority Having Jurisdiction from requiring correction of conditions found to be in violation of this code or other pertinent laws and ordinances of the City, or

4.                     Not be construed to extend the period of time for which any such permit is issued or otherwise affect any period of time for compliance specified in any notice or order issued by the Authority Having Jurisdiction or other administrative authority requiring the correction of any such conditions.

115.3 Permit expiration and renewal. Permits issued under the provisions of this code shall expire and become null and void eighteen months from date of issuance. Permits may be renewed for an additional eighteen months at any time before they expire. 

SECTION 116
INSPECTIONS.

116.1 General. All construction or work for which a permit is required is subject to inspection by the Authority Having Jurisdiction.  In addition, the Authority Having Jurisdiction may make or require inspections of any plumbing work to ascertain compliance with the provisions of this code and other laws and ordinances that are enforced by the Authority Having Jurisdiction.

116.2 Inspection requests. The owner of the property or the owner’s authorized agent, or the person designated by the owner or agent to do the work authorized by a permit shall notify the Authority Having Jurisdiction that work requiring inspection as specified in this section is ready for inspection.

116.3 Access for inspection.  The permit holder and the person requesting any inspections required by this code shall provide access to and means for proper inspection of such work, including safety equipment required by the Washington Industrial Safety and Health Agency.  The work shall remain accessible and exposed for inspection purposes until approved by the Authority Having Jurisdiction.  Neither the Authority Having Jurisdiction nor the City shall be liable for expense entailed in the required removal or replacement of any material to allow inspection.

116.4 Inspection record. Work requiring a plumbing permit shall not be commenced until the permit holder or the permit holder’s agent has posted an inspection record in a conspicuous place on the premises and in a position that allows the Authority Having Jurisdiction to conveniently make the required entries regarding inspection of the work.  This record shall be maintained in such a position by the permit holder or the permit holder’s agent until final approval has been granted by the Authority Having Jurisdiction.

116.5 Approvals required. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the Authority Having Jurisdiction.

116.5.1 Effect of approval.  Approval as a result of an inspection is not approval of any violation of the provisions of this code or of other pertinent laws and ordinances of the Authority Having Jurisdiction or the City. Inspections presuming to give authority to violate or cancel the provisions of this code or of other pertinent laws and ordinances of the Authority Having Jurisdiction or the City are not valid.

116.6 Operation of plumbing equipment. The requirements of this section do not prohibit the operation of any plumbing systems installed to replace existing equipment or fixtures serving an occupied portion of the building in the event a request for inspection of such equipment or fixture has been filed with the Authority Having Jurisdiction not more than 48 hours after such replacement work is completed, and before any portion of such plumbing system is concealed by any permanent portion of the building.

116.7 Special investigation.  If work that requires a permit or approval is commenced or performed prior to making formal application and receiving the Authority Having Jurisdiction’s permission to proceed, the Authority Having Jurisdiction may make a special investigation inspection before a permit is issued for the work.  If a special investigation is made, a special investigation fee may be assessed in accordance with the Seattle Municipal Code.

116.8 Reinspections. The Authority Having Jurisdiction may require a reinspection if work for which inspection is called is not complete, required corrections are not made, the approved plans are not readily available to the inspector, access is not provided on the date for which inspection is requested, if deviations from the plans that require the approval of the Authority Having Jurisdiction have been made without proper approval, or as otherwise required by the Authority Having Jurisdiction.

116.8.1 Reinspection fee. The Authority Having Jurisdiction may assess a reinspection fee as set forth in the Seattle Municipal Code Section 22.504.010 for any action for which reinspection is required. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

SECTION 117

FEES.

117.1 Fees. A fee for each plumbing permit and for other activities related to the enforcement of this code shall be paid as set forth in Seattle Municipal Code Chapter 22.504.

Section 3. The following sections of WAC 51-56-0200 are amended as follows:

CHAPTER 2

DEFINITIONS.

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210.0

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High Distribution Uniformity. A higher than average measurement indicating the evenness with which water is applied to the landscape by an irrigation system.

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220.0

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Water Heater ((or Hot Water Heating Boiler)). Any heating appliance or equipment that heats potable water and supplies such water to the potable hot water distribution system, and includes only those appliances that do not exceed pressure of 160 pounds per square inch (1103 kPa), volume of 120 gallons (454 L) and a heat input of 200,000 Btu/hr (58.6 kW).  Appliances and equipment that exceed these values are classified as boilers ((An appliance designed primarily to supply hot water for domestic or commercial purposes and equipped with automatic controls limiting water temperature to a maximum of 210°F (99°C))).

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Section 4. The following section is added to WAC 51-56-0400 as follows:

CHAPTER 4

PLUMBING FIXTURES AND FIXTURE FITTINGS.

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423.0 Landscape irrigation.

423.1 Automatic In-Ground Irrigation System Design and Installation. Automatic in-ground irrigation systems shall comply with Sections 423.1.1 through 423.1.3.

423.1.1 Automatic in-ground irrigation systems shall have an automatic clock, electric valves, and the ability to sense rainfall. The component used to sense rainfall shall be exposed to weather and comply with either Item 1 or 2:

1. Interrupt the circuit to the valve to stop the irrigation clock from watering after a rainfall event, or

2. Reduce irrigation timing based on the amount of rainfall.

Exception: The following landscaped areas are exempt from this Section 423.1.1:

1. Landscaped areas located where they do not receive natural precipitation.

2. Landscaped areas requiring irrigation for only one year of plant establishment before the irrigation system is decommissioned or removed.

3. Plant nurseries.

423.1.2 Automatic in-ground irrigation systems shall include the following where applicable:

1. Low precipitation rate, high distribution uniformity rotary nozzles for sprinklers.

2. All irrigation sprinklers within each zone should have matched precipitation rates.

3. A mainline master valve shall be installed when water for irrigating is municipally supplied.

4. Sprinklers with internal check valves.

5. Sprinklers shall have a pop up height of not less than 4 inches.

423.1.3 Landscaped areas greater than 30,000 square feet shall also comply with the following:

1. Automatic in-ground irrigation systems shall not direct water onto building exterior surfaces, foundations, or exterior paved surfaces, or generate runoff or overspray.

2. Automatic in-ground irrigation systems shall use controllers to automatically adjust irrigation schedules to changes in evapotranspiration or plant water need through soil moisture or climatological inputs.

3. Except for centrally controlled automatic in-ground irrigation systems using weather or soil moisture to automatically adjust irrigation run-times, each required technology shall be WaterSense labeled if the WaterSense label is available for that technology.

4. Irrigation zones shall be based on plant water needs with plants or similar needs grouped together. Turfgrass shall not be grouped with other plantings in the same zone.

5. All sprinklers and micro-irrigation zones shall comply with manufacturer’s specifications for recommended operating pressure.

6. Sprinklers head spacing shall comply with manufacturer’s specifications.

7. Automatic in-ground irrigation systems shall include a flow sensor, master valve, and smart controller combination that shuts off the valve where abnormal water flow is detected, identifies the location of the abnormal water flow, and signals that there is a flow change at the controller.

8. The sprinkler application rate shall be less than or equal to 0.5 inch per hour on slopes greater than 1 unit vertical to 4 units horizontal (25% slope).

Section 5. The following sections of WAC 51-56-0500 are amended as follows:

CHAPTER 5

WATER HEATERS.

501.1 Applicability. The regulations of this chapter shall govern the construction, location, and installation of fuel-burning and other types of water heaters heating potable water. The minimum capacity for water heaters shall be in accordance with the first hour rating listed in Table 501.1. See the Mechanical Code for combustion air and installation of all vents and their connectors.  No water heater shall be hereinafter installed that does not comply with the manufacturer’s installation instructions and the type and model of each size thereof approved by the authority having jurisdiction. A list of accepted water heater appliance standards are referenced in Table 501(2). Listed appliances shall be installed in accordance with the manufacturer’s installation instructions. Unlisted water heaters shall be permitted in accordance with Section 504.3.2.

 

 

TABLE 501.1

FIRST HOUR RATING1,3

Number of Bathrooms

1 to 1.5

2 to 2.5

3 to 3.5

Number of Bedrooms

1

2

3

2

3

4

5

3

4

5

6

First Hour Rating2, Gallons

42

54

54

54

67

67

80

67

80

80

80

Notes:

1. The first hour rating is found on the "Energy Guide" label.

2. Solar water heaters shall be sized to meet the appropriate first hour rating as shown in the table.

3. For replacement water heaters, see Section 102.4.

 

Domestic electric water heaters shall comply with UL 174 or UL 1453. Commercial electric water heaters shall comply with UL 1453. Oil-fired water heaters shall comply with UL 732. Solid-fuel-fired water heaters shall comply with UL 2523. Thermal solar water heaters shall comply with Chapter 14 of the International Mechanical Code and UL 174 or UL 1453.

501.1.1 Water heaters used for space heating. Water heaters utilized both to supply potable hot water and provide hot water for space-heating applications shall be listed and labeled for such applications by the manufacturer and shall be installed in accordance with the manufacturer’s instructions and this code.

501.1.1.1 Sizing. Water heaters utilized for both potable water heating and space-heating applications shall be sized to prevent the space-heating load from diminishing the required potable water-heating capacity.

501.1.1.2 Temperature limitation. Where a combination potable water-heating and space-heating system requires water for space heating at temperatures higher than 140ºF (60ºC), a temperature-actuated mixing valve that conforms to ASSE 1017 shall be provided to temper the water supplied to the potable hot water distribution system to a temperature of 140ºF (60ºC) or less.

501.1.2 Supplemental water-heating devices. Potable water heating devices that utilize refrigerant-to-water heat exchangers shall be approved and installed in accordance with this code and the manufacturer’s instructions.

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((507.17 Extra Device or Attachment.  No device or attachment shall be installed on an appliance that is capable of impairing the combustion of gas.  [NFPA 54:9.1.15]))

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Section 6. The following sections of WAC 51-56-0600 are amended as follows:

CHAPTER 6

WATER SUPPLY AND DISTRIBUTION.

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608.5 Discharge Piping. The discharge piping serving a temperature relief valve, pressure relief valve, or combination of both shall have no valves, obstructions, or means of isolation and be provided with the following:

1.                     Equal to the size of the valve outlet and shall discharge full size to the flood level of the area receiving the discharge and pointing down.

2.                     Materials shall be rated at not less than the operating temperature of the system and approved for such use.

3.                     Discharge pipe shall discharge independently by gravity through an air gap into the drainage system or outside of the building with the end of the pipe not exceeding 2 feet (610 mm) and not less than 6 inches (152 mm) above the ground and pointing downwards.

4.                     Discharge in such a manner that does not cause personal injury or structural damage.

5.                     No part of such discharge pipe shall be trapped or subject to freezing.

6.                     The terminal end of the pipe shall not be threaded.

7.   Discharge from a relief valve into a water heater pan shall be prohibited.

8.   Relief valve drains shall not terminate in a crawl space.

Exception:  Replacement water heating equipment shall only be required to provide a drain pointing downward from the relief valve to extend between 2 feet (610 mm) and 6 inches (152 mm) from the floor. No additional floor drain need be provided.

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Section 7. The following section is added to WAC 51-56-0800 as follows:

CHAPTER 8

INDIRECT WASTES.

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813.1.1 Swimming pool splash troughs.  Swimming pool splash troughs shall discharge to the pool water system in accordance Section R14.04.110 of the King County Board of Health Code.

Section 8. The following sections are added to WAC 51-56-1000 as follows:

CHAPTER 10

TRAPS AND INTERCEPTORS.

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1007.2 Trap priming water. Trap primers serving floor drains located in rooms that contain fixtures served by a nonpotable water system complying with Chapter 15 or 16 shall also be served by the nonpotable water system.

1007.2.1 Volume limitation.  Trap primers shall not use more than 30 gallons per year per trap.

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1018.0 Parking Garage Drainage Systems.  Parking garage drainage systems shall comply with Sections 1018.1 through 1018.3.  All plans for parking garage floor drainage systems shall be submitted to the Authority Having Jurisdiction prior to installation for approval.

1018.1 Floor Drains.  Floor drains shall comply with the following:

1. All floor drainage under the roof of a parking garage shall be connected to the sanitary drainage system through the use of a sand interceptor. 

Exception: When the top floor of the building is used as a roof and a parking area, the drainage from the roof shall be connected to the storm drainage system. 

2. Floor drainage waste lines shall be a minimum of three inches in diameter. Waste unit loading for three-inch or larger diameter floor drainage piping shall be sized in accordance with Table 703.2. 

3. Floor drains or floor drain openings shall be equipped with approved strainers and need not be trapped when connected to the building drain through a properly trapped and vented sand interceptor. 

4. Traps shall not be used when the floor drains are located in areas exposed to freezing temperatures. 

5. The waste line from floor drains entering a sand interceptor shall be above the waste line discharging from the sand interceptor to the building drain. 

6. The sand interceptor receiving the floor drains shall have a water seal of not less than six inches. 

1018.2 Line venting.  Floor drain traps need not be vented individually if line venting is used through an approved indirect waste system with a properly trapped and vented sand interceptor.  A line vent for floor drains shall terminate through the roof or to an approved location in the outside atmosphere.  When using line venting, the terminating vents, if more than one, shall be equal in cross sectional area to the size of the waste line entering the sand interceptor or the line vent may continue full-size from the sand interceptor to the point of termination. 

1018.3 Drainage from conventional plumbing fixtures. Drainage from conventional plumbing fixtures shall not be interconnected with the floor drainage system. 

Exception: Drainage lines from car or truck washing equipment may be connected to the floor drainage system through an approved sand interceptor. 

Section 9.  Beginning on the effective date of this ordinance and ending on January 1, 2017, any permit applicant who has submitted a valid and fully complete building permit application during that period may elect to have the application reviewed under the provisions of Ordinances 124615 and 124274 rather than this ordinance. 

Section 10.  Ordinance 124615 and Sections 3-12 of Ordinance 124274 are repealed.

Section 11.  The provisions of this ordinance are declared to be separate and severable.  The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person, owner, or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons, owners, or circumstances.

 

 

 

 

 

Section 12.  Section 10 of this ordinance shall take effect January 1, 2017.

Section 13. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2016, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2016.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2016.

____________________________________

Edward B. Murray, Mayor

Filed by me this ________ day of _________________________, 2016.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)