Title 15
BUILDINGS AND CONSTRUCTION

Chapters:

15.04 International Building Code

15.06 International Residential Code

15.08 International Fire Code

15.12 Uniform Plumbing Code

15.16 International Mechanical Code

15.18 International Fuel Gas Code

15.20 Uniform Code for the Abatement of Dangerous Buildings

15.24 Repealed

15.28 Repealed

15.32 Drainage of Surface Water

15.34 Stormwater Facility Design and Construction Standards

15.36 Land Fill

15.40 Flood Damage Prevention

15.44 Automatic Sprinkler Systems

15.48 Energy Code

15.52 Electrical Code

15.56 Housing and Dwelling Codes

15.58 Ventilation and Indoor Air Quality Code

15.60 Uniform Administrative Code

15.70 Emergency Notification System Requirements for New and Remodeled Development

Chapter 15.04
INTERNATIONAL BUILDING CODE

Sections:

15.04.010 Adoption.

15.04.012 Repealed.

15.04.015 Repealed.

15.04.020 Repealed.

15.04.025 Repealed.

15.04.030 Repealed.

15.04.035 Repealed.

15.04.040 Repealed.

15.04.045 Repealed.

15.04.050 Repealed.

15.04.051 Repealed.

15.04.052 Repealed.

15.04.053 Repealed.

15.04.054 Repealed.

15.04.055 Repealed.

15.04.056 Repealed.

15.04.060 Repealed.

15.04.065 Repealed.

15.04.108 Section 108 amended – Fees.

15.04.113 Section 113 amended – Violations.

15.04.903 Section 903 amended – Automatic sprinkler systems.

15.04.1009 Section 1009 amended – Stairways and handrails.

15.04.010 Adoption.

The 2006 Edition of the International Building Code, published by the International Code Council, as adopted and amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as may subsequently be amended, is hereby adopted by reference as though fully set forth herein, with the following additions and amendments; provided, that any law enforcement action commenced under any prior code shall remain in full force and effect unless the misconduct charged under a prior code is lawful under the newer code or standard. (Ord. 1632-07 § 1, 2007; Ord. 1538-04 § 1, 2004; Ord. 1313 § 1, 1998; Ord. 1201 § 1, 1995; Ord. 1124 § 1, 1992; Ord. 1036 § 1, 1990; Ord. 1016 § 1, 1990; Ord. 824 § 1, 1985; Ord. 568 § 1, 1980).

15.04.012 Section 103 amended – Violations.

Repealed by Ord. 1538-04. (Ord. 1313 § 2, 1998; Ord. 1201 § 2, 1995; Ord. 1036 § 2, 1990; Ord. 1016 § 2, 1990).

15.04.015 Section 420 amended – Single-family residential building.

Repealed by Ord. 1124. (Ord. 1036 § 3, 1990; Ord. 1016 § 3, 1990; Ord. 884 § 1, 1986).

15.04.020 Section 414 – Definition.

Repealed by Ord. 1124. (Ord. 1036 § 4, 1990; Ord. 1016 § 4, 1990; Ord. 824 § 2, 1985; Ord. 568 § 1, 1980).

15.04.025 Chapter 9, 1985 Edition adopted.

Repealed by Ord. 1124. (Ord. 1036 § 5, 1990; Ord. 1016 § 5, 1990).

15.04.030 Section 2312(h)-2.I. amended – Wood diaphragms.

Repealed by Ord. 1124. (Ord. 1036 § 6, 1990; Ord. 1016 § 6, 1990; Ord. 978 § 1, 1988; Ord. 844 § 1, 1986; Ord. 824 § 3, 1985; Ord. 608 § 11, 1981).

15.04.035 Section 272(f) 6 amended – Exception.

Repealed by Ord. 1124. (Ord. 1036 § 7, 1990; Ord. 1016 § 7, 1990).

15.04.040 Section 2722(f) 7 – Trusses.

Repealed by Ord. 1124. (Ord. 1036 § 7, 1990; Ord. 1016 § 7, 1990).

15.04.045 Section 3801(e) amended – Sprinklers.

Repealed by Ord. 1124. (Ord. 1036 § 9, 1990; Ord. 1016 § 9, 1990).

15.04.050 Section 904.2.3.3 amended.

Repealed by Ord. 1538-04. (Ord. 1313 § 3, 1998; Ord. 1201 § 3, 1995; Ord. 1036 § 10, 1990; Ord. 1016 § 10, 1990; Ord. 844 § 3, 1986).

15.04.051 Section 904.2.2 amended – Group B occupancies.

Repealed by Ord. 1538-04. (Ord. 1313 § 4, 1998; Ord. 1211 § 1, 1995).

15.04.052 Section 904.2.4 amended – Group E occupancies.

Repealed by Ord. 1538-04. (Ord. 1313 § 5, 1998; Ord. 1211 § 2, 1995; Ord. 1201 § 4, 1995; Ord. 1153 § 1, 1993; Ord. 1036 § 11, 1990).

15.04.053 Section 904.2.8 amended – Group M occupancies.

Repealed by Ord. 1538-04. (Ord. 1313 § 6, 1998; Ord. 1201 § 5, 1995; Ord. 1036 § 12, 1990).

15.04.054 Section 904.2.9 amended – Group R, Division 1 occupancies.

Repealed by Ord. 1538-04. (Ord. 1313 § 7, 1998).

15.04.055 Section 1003.3.3.3 amended – Rise and run.

Repealed by Ord. 1538-04. (Ord. 1313 § 8, 1998; Ord. 1211 § 4, 1995; Ord. 1201 § 7, 1995).

15.04.056 Section 5103 not adopted.

Repealed by Ord. 1538-04. (Ord. 1211 § 4, 1995; Ord. 1036 § 14, 1990; Ord. 1016 § 11, 1990).

15.04.060 Section 5105 amended – Elevators.

Repealed by Ord. 1124. (Ord. 1036 § 15, 1990; Ord. 1016 § 12, 1990; Ord. 844 § 4, 1986).

15.04.065 Standard No. 38-3W.

Repealed by Ord. 1124. (Ord. 1036 § 16, 1990; Ord. 1016 § 13, 1990).

15.04.108 Section 108 amended – Fees.

Section 108 of the International Building Code is amended as follows:

108.2 Schedule of permit fees. On building, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with Table 1-A-Building Permit Fees of the 1997 edition of the Uniform Building Code, published by the International Conference of Building Officials, which table is hereby adopted by reference. The fee for plan review shall be 65% of the permit fee.

108.3 Building permit valuations. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems and shall be established in accordance with Table 1 – Square Foot Construction Costs, Building Evaluation Data Sheet from the Building Safety Journal published by International Code Council.

108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the required permit fee, excluding the plan review fee. Such fee shall be in addition to the required permit fees.

(Ord. 1538-04 § 2, 2004).

15.04.113 Section 113 amended – Violations.

Section 113 of the International Building Code is amended as follows:

113.4 Violation penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and on conviction of any such violation, such person shall be punishable by a fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days, or by both such fine and imprisonment.

(Ord. 1538-04 § 3, 2004).

15.04.903 Section 903 amended – Automatic sprinkler systems.

Section 903 of the International Building Code is amended as follows:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists:

1. The fire area exceeds 6,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than the level of exit discharge.

4. The fire area contains a multitheater complex.

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists:

1. The fire area exceeds 6,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than the level of exit discharge.

Exception: Areas used exclusively as participant sports areas where the main floor is located at the same level as the level of exit discharge of the main entrance and exit.

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists:

1. The fire area exceeds 6,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than the level of exit discharge.

Exception: Areas used exclusively as participant sports areas where the main floor is located at the same level as the level of exit discharge of the main entrance and exit.

903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupancies where one of the following conditions exists:

1. Throughout all Group E fire areas greater than 6000 square feet.

2. Throughout every portion of educational buildings below the level of exit discharge.

Exception: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level.

3. Throughout all newly constructed Group E occupancies having an occupant load of 50 or more for more than 12 hours per week or four hours in any one day. A minimum water supply meeting the requirements of NFPA 13 shall be required. The fire code official may reduce fire flow requirements for buildings protected by an approved automatic sprinkler system.

For the purpose of this section, additions exceeding 60 percent of the value of such building or structure, or alterations and repairs to any portion of a building or structure within a twelve-month period that exceed 100 percent of the value of such building or structure shall be considered new construction. In the case of additions, fire walls shall define separate buildings.

EXCEPTIONS

1. Portable school classrooms, provided aggregate area of clusters of portable school classrooms does not exceed 5,000 square feet (1465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code.

2. Group E day care.

When not required by other provisions of this chapter, a fire-extinguishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Section 504.2, 506.3, and Table 601 of the building code.

903.2.3 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. Where a Group F-1 fire area exceeds 6000 square feet.

2. Where a Group F-1 fire area is located more than three stories above grade; or

3. Where the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).

Exception: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level.

903.2.6 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. Where a Group M fire area exceeds 6000 square feet.

2. Where a Group M fire area is located more than three stories above grade; or

3. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).

903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire rating and throughout every apartment house two or more stories in height (e.g., for the purpose of this section, a structure with two stories and a basement shall be considered as exceeding two stories) or containing 5 or more dwelling units, every congregate residence two or more stories in height or having an occupant load of 20 or more, and every hotel two or more stories in height or containing 5 or more guest rooms. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building. Sprinklers shall be provided to protect exterior exit balconies and covered exterior exit stairs. For the purpose of this section, area separation walls shall not define separate buildings.

903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. Where a Group S-1 fire area exceeds 6000 square feet.

2. Where a Group S-1 fire area is located more than three stories above grade; or

3. Where the combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).

903.2.8.1 Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 403, as shown:

1. Buildings, two or more stories in height, including basements, with a fire area containing a repair garage exceeding 6000 square feet.

2. One-story buildings with a fire area containing a repair garage exceeding 6000 square feet.

3. Buildings with a repair garage servicing vehicles parked in the basement.

903.2.8.2 Bulk storage of tires. Buildings and structures where the area for the storage of tires exceeds 6000 square feet shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

(Ord. 1538-04 § 4, 2004).

15.04.1009 Section 1009 amended – Stairways and handrails.

Exception No. 5 of Section 1009.3 of the International Building Code is not adopted. (Ord. 1538-04 § 5, 2004).

Chapter 15.06
INTERNATIONAL RESIDENTIAL CODE

Sections:

15.06.010 Adoption.

15.06.R108 Section R108 amended – Fees.

15.06.R311 Repealed.

15.06.010 Adoption.

The 2006 Edition of the International Residential Code, published by the International Code Council, as adopted and amended by the Washington State Building Code Council in Chapter 51-51 WAC, and as may subsequently be amended, is hereby adopted by reference as though fully set forth herein, with the following additions and amendments; provided, that any law enforcement action commenced under any prior code shall remain in full force and effect unless the misconduct charged under a prior code is lawful under the newer code or standard. (Ord. 1632-07 § 2, 2007; Ord. 1538-04 § 7, 2004).

15.06.R108 Section R108 amended – Fees.

Section R108 of the International Residential Code is amended as follows:

R108.2 Schedule of permit fees. On building, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with Table 1-A-Building Permit Fees of the 1997 edition of the Uniform Building Code, published by the International Conference of Building Officials, which table is hereby adopted by reference. The fee for plan review shall be 65% of the permit fee.

R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor, and shall be established in accordance with Table 1 – Square Foot Construction Costs, Building Evaluation Data Sheet from the Building Safety Journal published by International Code Council.

(Ord. 1538-04 § 7, 2004).

15.06.R311 Section R311 amended – Means of egress.

Repealed by Ord. 1632-07. (Ord. 1538-04 § 7, 2004).

Chapter 15.08
INTERNATIONAL FIRE CODE

Sections:

15.08.010 Adoption.

15.08.011 Amendments to Code Council IFC – Fire apparatus access roads.

15.08.012 Section 202 – Definitions.

15.08.015 Repealed.

15.08.016 Repealed.

15.08.017 Repealed.

15.08.018 Repealed.

15.08.020 Repealed.

15.08.030 Penalties.

15.08.040 Repealed.

15.08.050 Repealed.

15.08.060 Repealed.

15.08.070 Repealed.

15.08.080 Repealed.

15.08.090 Repealed.

15.08.100 Repealed.

15.08.110 Repealed.

15.08.010 Adoption.

The 2006 Edition of the International Fire Code, published by the International Code Council, as adopted and amended by the Washington State Building Code Council in Chapter 51-54 WAC, and as may subsequently be amended, is hereby adopted by reference as though fully set forth herein, with the following additions and amendments; provided, that any law enforcement action commenced under any prior code shall remain in full force and effect unless the misconduct charged under a prior code is lawful under the newer code or standard. (Ord. 1632-07 § 4, 2007; Ord. 1538-04 § 8, 2004; Ord. 1313 § 9, 1998; Ord. 1201 § 8, 1995; Ord. 1124 § 11, 1992; Ord. 1036 § 17, 1990; Ord. 1016 § 14, 1990; Ord. 825 § 1, 1985; Ord. 569 § 1, 1980).

15.08.011 Amendments to Code Council IFC – Fire apparatus access roads.

WAC 51-54-0500 is not adopted. Sections 503.1, 503.1.1, 503.1.2, 503.1.3, 503.2, 503.3 and 503.4 of the 2003 International Fire Code published by the International Code Council (and not adopted by the Washington State Building Code Council) are hereby adopted by reference as though fully set forth herein. (Ord. 1538-04 § 9, 2004; Ord. 1518-03 § 1, 2003).

15.08.012 Section 202 – Definitions.

The following definitions are added to or amended in Section 202 of the International Fire Code:

“Building official” means the building official of the city of Fife.

“Chief” or “chief of the fire department” means the building official/fire marshal of the city of Fife.

“Fire department” means the community development department of the city of Fife.

“Fire marshal” means the building official of the city of Fife who is designated as the fire marshal.

“Fire prevention officer” means the building official of the city of Fife.

“Grade” is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than 15 feet from the building, between the building and a line 15 feet from the building. (Ord. 1538-04 § 10, 2004; Ord. 1313 § 10, 1998; Ord. 1201 § 9, 1995; Ord. 1036 § 18, 1990; Ord. 1016 § 15, 1990).

15.08.015 Section 10.306(c) amended.

Repealed by Ord. 1124. (Ord. 1036 § 19, 1990; Ord. 1016 § 16, 1990).

15.08.016 Section 10.306(d) amended.

Repealed by Ord. 1124. (Ord. 1036 § 20, 1990).

15.08.017 Section 10.306(e) amended.

Repealed by Ord. 1124. (Ord. 1036 § 21, 1990).

15.08.018 Section 10.306(h) amended.

Repealed by Ord. 1124. (Ord. 1036 § 22, 1990).

15.08.020 Article 80 not adopted.

Repealed by Ord. 1124. (Ord. 1036 § 23, 1990; Ord. 1016 § 17, 1990).

15.08.030 Penalties.

A. Any person, firm or corporation who shall violate any of the provisions of this fire code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, and shall be punishable by a fine not to exceed $1,000 or imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment.

B. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.

C. The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 1538-04 § 11, 2004; Ord. 1124 § 17, 1992; Ord. 1036 § 24, 1990; Ord. 1016 § 18, 1990; Ord. 825 § 3, 1985; Ord. 583 § 1, 1980).

15.08.040 Section 79.201(a) amended – Storage of flammable liquids.

Repealed by Ord. 1201. (Ord. 825 § 4, 1985; Ord. 644 § 1, 1982).

15.08.050 Section 4.101 adopted – Exceptions.

Repealed by Ord. 1201. (Ord. 825 § 5, 1985; Ord. 767 § 3, 1984).

15.08.060 Section 4.102(b) amended.

Repealed by Ord. 1201. (Ord. 825 § 6, 1985; Ord. 767 § 4, 1984).

15.08.070 Section 4.103 amended.

Repealed by Ord. 1201. (Ord. 825 § 7, 1985; Ord. 767 § 5, 1984).

15.08.080 Section 77.104(a) amended.

Repealed by Ord. 1201. (Ord. 825 § 8, 1985; Ord. 767 § 6, 1984).

15.08.090 Section 77.104(a)3 amended.

Repealed by Ord. 1201. (Ord. 825 § 9, 1985; Ord. 767 § 7, 1984).

15.08.100 Section 77.105 amended.

Repealed by Ord. 1201. (Ord. 825 § 10, 1985; Ord. 767 § 8, 1984).

15.08.110 Appendix 111-A and Appendix 111-B to the Uniform Fire Code.

Repealed by Ord. 1201. (Ord. 1153 § 2, 1993).

Chapter 15.12
UNIFORM PLUMBING CODE

Sections:

15.12.010 Adoption.

15.12.015 Repealed.

15.12.020 Fee schedule.

15.12.030 Repealed.

15.12.103 Section 103.4 amended – Fees.

15.12.010 Adoption.

The 2006 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, as adopted and amended by the Washington State Building Code Council in Chapter 51-56 WAC, and as may subsequently be amended, is hereby adopted by reference as though fully set forth herein, with the following additions and amendments; provided, that any law enforcement action commenced under any prior code shall remain in full force and effect unless the misconduct charged under a prior code is lawful under the newer code or standard. (Ord. 1632-07 § 5, 2007; Ord. 1538-04 § 12, 2004; Ord. 1460 § 1, 2002; Ord. 1313 § 11, 1998; Ord. 1201 § 11, 1995; Ord. 1124 § 18, 1992; Ord. 1036 § 25, 1990; Ord. 1016 § 19, 1990; Ord. 827 § 1, 1985; Ord. 571 § 1, 1980).

15.12.015 Chapters 11 and 16 not adopted.

Repealed by Ord. 1124. (Ord. 1036 § 26, 1990; Ord. 1016 § 20, 1990).

15.12.020 Fee schedule.

A. Permit Issuance.

1. For issuing each permit	$25.00
2. For issuing each supplemental permit	$13.00

B. Unit Fee Schedule (in addition to subsections (A)(1) and (2) of this section).

1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefor)	$9.00
2. For each building sewer and each trailer park sewer	$19.00
3. Rainwater systems, per drain (inside building)	$9.00
4. For each cesspool (where permitted)	$31.00
5. For each private sewage disposal system	$50.00
6. For each water heater and/or vent	$9.00
7. For each gas piping system of one to five outlets	$7.00
8. For each additional gas piping system outlet, per outlet	$2.00
9. For each industrial waste pretreatment interceptor, including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps	$9.00
10. For each installation, alteration or repair of water piping and/or water treating equipment each	$9.00
11. For each repair or alteration of drainage or vent piping, each fixture	$9.00
12. For each lawn sprinkler system on any one meter including backflow protection devices therefor	$9.00
13. For atmospheric-type vacuum breakers not included in subsection (B)(12) of this section: One to five Over five, each	$7.00 $2.00
14. For each backflow protective device other than atmospheric-type vacuum breakers: Two-inch (51 mm) diameter and smaller Over two-inch (51 mm) diameter	$9.00 $19.00
15. For each graywater system	$50.00
16. For initial installation and testing for a reclaimed water system	$38.00
17. For each annual cross-connection testing of a reclaimed water system (excluding initial test)	$38.00
18. For each medical gas piping system serving: One to five inlet(s)/outlet(s) for a specific gas Over five, each	$62.00 $7.00

C. Other Inspections and Fees.

1. Inspections outside of normal business hours	Actual Cost
2. Reinspection fee	Actual Cost
3. Inspections for which no fee is specifically indicated	Actual Cost
4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge – one-half hour)	Actual Cost

(Ord. 1460 § 2, 2002).

15.12.030 Section 20.3, Part I amended – Violation and penalties.

Repealed by Ord. 1124. (Ord. 1036 § 28, 1990; Ord. 1016 § 22, 1990; Ord. 827 §§ 3, 4, 1985).

15.12.103 Section 103.4 amended – Fees.

Section 103.4 of the Uniform Plumbing Code is amended to read as follows:

103.4.1 Permit fees. Fee shall be assessed in accordance with the provisions of this section and as set forth in the fee schedule set forth in FMC 15.12.020.

103.4.2 Plan review fees. When a plan or other data is required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fee shall be equal to 25% of the permit fee.

The plan review fees specified in this subsection are separate fees from the permit fees specified in this section and are in addition to the permit fees.

When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in FMC 15.12.020.

(Ord. 1632-07 § 6, 2007; Ord. 1538-04 § 13, 2004).

Chapter 15.16
INTERNATIONAL MECHANICAL CODE

Sections:

15.16.010 Adoption.

15.16.020 Repealed.

15.16.106 Section 106.5 amended – Fees.

15.16.010 Adoption.

The 2006 Edition of the International Mechanical Code, published by the International Code Council, as adopted and amended by the Washington State Building Code Council in Chapter 51-52 WAC, and as may subsequently be amended, is hereby adopted by reference as though fully set forth herein, with the following additions and amendments; provided, that any law enforcement action commenced under any prior code shall remain in full force and effect unless the misconduct charged under a prior code is lawful under the newer code or standard. (Ord. 1632-07 § 7, 2007; Ord. 1538-04 § 14, 2004; Ord. 1313 § 12, 1998; Ord. 1201 § 12, 1995; Ord. 1124 § 22, 1992; Ord. 1036 § 29, 1990; Ord. 1016 § 23, 1990; Ord. 826 § 1, 1985; Ord. 570 § 1, 1980).

15.16.020 Section 204 amended – Violations.

Repealed by Ord. 1124. (Ord. 1036 § 30, 1990; Ord. 1016 § 24, 1990; Ord. 826 § 3, 1985).

15.16.106 Section 106.5 amended – Fees.

Section 106.5 of the International Mechanical Code is amended as follows:

106.5.2 Fee schedule. The fees for mechanical work shall be as follows:

Permit Issuance and Heaters
1. For issuance of each mechanical permit	$25.00
2. For issuing each supplemental permit for which the original permit has not expired, been cancelled or finaled	$10.00
Unit Fee Schedule (Note: The following do not include permit-issuing fee.)
1. Furnaces
For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29.3kW)	$15.00
For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, over 100,000 Btu/h (29.3kW)	$20.00
For the installation or relocation of each floor furnace, including vent	$15.00
For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater	$15.00
2. Appliance Vents
For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit	$10.00
3. Repairs or Additions
For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code	$15.00
4. Boilers, Compressors and Absorption Systems
For the installation or relocation of each boiler or compressor to and including 3 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW)	$15.00
For the installation or relocation of each boiler or compressor three horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (146.6 kW)	$30.00
For the installation or relocation of each boiler or compressor over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW)	$40.00
For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW), to and including 50 horsepower (176 kW), or for each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW)	$60.00
For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9 kW)	$100.00
5. Air Handlers
For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719 L/s), including ducts attached thereto Note: This fee does not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code	$15.00
For each air-handling unit over 10,000 cfm (4719 L/s)	$20.00
6. Evaporative Coolers
For each evaporative cooler other than portable type	$15.00
7. Ventilation and Exhaust
For each ventilation fan connected to a single duct	$10.00
For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit	$15.00
For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood	$15.00
8. Incinerators
For the installation or relocation of each domestic-type incinerator	$20.00
For the installation or relocation of each commercial or industrial-type incinerator	$15.00
9. Miscellaneous
For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table	15.00
Other Inspections and Fees:
1. Inspections outside of normal business hours, per hour (minimum charge–two hours)	Total Hourly Cost*
2. Reinspection fees assessed under provisions of Section 116.6, per inspection	Total Hourly Cost*
3. Inspections for which no fee is specifically indicated, per hour (minimum charge–one-half hour)	Total Hourly Cost*
4. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge–one-half hour)	Total Hourly Cost*
*Total hourly cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.

106.5.4 Plan review fees. When a plan or other data is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fee shall be equal to 25% of the permit fee.

(Ord. 1538-04 § 15, 2004).

Chapter 15.18
INTERNATIONAL FUEL GAS CODE

Sections:

15.18.010 Adoption.

15.18.010 Adoption.

The 2006 Edition of the International Fuel Gas Code, published by the International Code Council, is hereby adopted by reference as though fully set forth herein; provided, that any law enforcement action commenced under any prior code shall remain in full force and effect unless the misconduct charged under a prior code is lawful under the newer code or standard. (Ord. 1632-07 § 8, 2007).

Chapter 15.20
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS

Sections:

15.20.010 Adoption.

15.20.020 Section 203 amended – Violations.

15.20.030 Repealed.

15.20.010 Adoption.

The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, is hereby adopted by reference as though fully set forth herein; provided, however, any law enforcement action commenced under a prior code shall remain in full force and effect unless misconduct charged under a prior code is lawful under the newer code. (Ord. 1313 § 13, 1998; Ord. 1201 § 13, 1995; Ord. 1124 § 24, 1992; Ord. 1036 § 31, 1990; Ord. 1016 § 25, 1990; Ord. 828 § 1, 1985; Ord. 572 § 1, 1980).

15.20.020 Section 203 amended – Violations.

Section 203, Chapter 2, of the International Conference of Building Officials Uniform Code for the Abatement of Dangerous Buildings, as adopted by reference in FMC 15.20.010 hereof, is amended to read as follows:

VIOLATIONS

Section 203. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined by a sum not exceeding $1,000, or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment.

(Ord. 1036 § 32, 1990; Ord. 1016 § 26, 1990; Ord. 828 § 2, 1985; Ord. 354 § 2, 1975).

15.20.030 Section 401(b) amended – Abatement of dangerous buildings.

Repealed by Ord. 1124. (Ord. 1036 § 33, 1990; Ord. 1016 § 27, 1990; Ord. 828 § 3, 1985).

Chapter 15.24
ACCESSIBILITY OF
BUILDINGS FOR HANDICAPPED

(Repealed by Ord. 1124)

Chapter 15.28
MOVING BUILDINGS

(Repealed by Ord. 1154)

Chapter 15.32
DRAINAGE OF SURFACE WATER

Sections:

15.32.010 Purpose.

15.32.020 Definitions.

15.32.030 General provisions.

15.32.040 Regulated activities and allowed activities.

15.32.050 General requirements.

15.32.060 Approval standards.

15.32.070 Minimum requirements.

15.32.080 Administration.

15.32.090 Enforcement.

15.32.100 Variance.

15.32.010 Purpose.

The provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within the city. The provisions of this chapter establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped within Fife.

It is the purpose of this section to:

A. Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands, and other water bodies;

B. Minimize the impact of increased runoff, erosion, and sedimentation caused by land development and maintenance practices;

C. Maintain and protect groundwater resources;

D. Minimize adverse impacts of alterations on ground and surface water quantities, locations, and flow patterns;

E. Decrease potential landslide, flood, and erosion damage to public and private property;

F. Promote site planning and construction practices that are consistent with natural, topographical, vegetational, and hydrological conditions;

G. Maintain and protect the city stormwater management infrastructure and those downstream;

H. Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety; and

I. Provide minimum development regulations and construction procedures which will preserve, replace, or enhance, to the maximum extent practical, existing vegetation to preserve and enhance the natural qualities of lands, wetlands, and water bodies. (Ord. 1196 § 3, 1995).

15.32.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. “Approval” means the proposed work or completed work conforms to this chapter in the opinion of the community development director.

B. “Basin plan” means a plan adopting and implementing all regulations and procedures including, but not limited to, land use management practices adopted by ordinance for managing surface and stormwater management facilities and features within individual sub-basins.

C. “Best management practice” or “BMP” means physical, structural, managerial practices that, when used singly or in combination, prevent or reduce pollution of water. BMPs are listed and described in the stormwater management manual.

D. “Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods.

E. “Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2) and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years unless the idle land is registered in a federal or state soils conservation program or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.

F. “Critical areas” means, at a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including areas with unstable slopes, and associated areas and ecosystems.

G. “Design storm” means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities, or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)

H. “Detention” means the release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage.

I. “Detention facility” means an above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater.

J. “Drainage basin” means a geographic and hydrologic sub-unit of a watershed.

K. “Earth material” means any rock, natural soil, or fill and/or any combination thereof.

L. “Ecology” means the Washington State Department of Ecology.

M. “Erosion” means the wearing away of the land surface by running water, wind, ice, or other geological agents, including other processes such as gravitational creep, detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

N. “Excavation” means the mechanical removal of earth material.

O. “Existing site conditions” means:

1. For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of stormwater management manual, existing site conditions shall mean the existing conditions on the site.

2. For developed sites that do not have stormwater facilities that meet the minimum requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of a stormwater management program. If in question, the existing site conditions shall be documented by aerial photograph records or other appropriate means.

3. For all sites in water quality sensitive areas as identified under minimum requirement #7, existing site conditions shall mean undisturbed forest, for the purpose of calculating runoff characteristics.

4. For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site.

P. “Experimental BMP” means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts.

Q. “Fill” means a deposit of man made or natural material placed by artificial means.

R. “Grade” means the slope of a road, channel, or natural ground; the finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared for the support of construction such as paving or the laying of a conduit.

1. Existing Grade. The grade prior to grading.

2. Rough Grade. The stage at which the grade approximately conforms to the approved plan.

3. Finish Grade. The final grade of the site which conforms to the approved plan.

S. “Groundwater” means water in a saturated zone or stratum beneath the surface of land or a surface water body.

T. “Hydroperiod” means the seasonal occurrence of flooding and/or soil saturation; it encompasses depth, frequency, duration, and seasonal pattern of inundation.

U. “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt pavement, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention and detention facilities shall not be considered impervious surfaces.

V. “Illicit discharge” means all non-stormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality, or groundwater quality standards, including but not limited to, sanitary sewer connections, industrial process water, interior floor drains, car washing, and graywater systems.

W. “Interflow” means that portion of rainfall that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface in a wetland, spring, or seep.

X. “Land disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling, and excavation.

Y. “Large parcel erosion and sediment control plan” or “large parcel ESC plan” means a plan to implement BMPs to control pollution generated during land disturbing activity. Guidance for preparing a large parcel ESC plan is contained in the manual.

Z. “Manual” or “stormwater management manual” means the latest edition of the Stormwater Management Manual for the Puget Sound Basin adopted by reference and prepared by Ecology that contains BMPs to prevent or reduce pollution.

AA. “Mitigation” means, in the following order of preference:

1. Avoiding the impact altogether by not taking a certain action or part of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;

3. Rectifying the impacts by repairing, rehabilitating, or restoring the effected environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and

5. Compensation for the impact by replacing, enhancing, or providing substitute resources or environment.

BB. “Natural location” means the location of those channels, swales, and other non-manmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.

CC. “New development” means the following activities: land disturbing activities; structural development, including construction, installation, or expansion of a building or other structure; creation of impervious surfaces; Class IV – general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020. All other forest practices and commercial agriculture are not considered new development.

DD. “Permanent stormwater quality control (PSQC) plan” means a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. For small sites, this requirement is met by implementing a small parcel erosion control plan. Guidance on preparing a PSQC plan is contained in the manual.

EE. “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.

FF. “Pollution” means contamination or other alteration of the physical, chemical, or biological properties; of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

GG. “Redevelopment” on an already developed site means the creation or addition of impervious surfaces, structural development including construction, installation, or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.

HH. “Retention/detention facility (R/D)” means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater management system.

II. “Site” means the portion of a piece of property which is directly subject to development.

JJ. “Slope” means the degree of deviation of a surface from the horizontal, measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first is the vertical distance (rise) and the second number is the horizontal distance (run), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and a 45-degree slope being a 1:1 or 100 percent slope.

KK. “Small parcel erosion and sediment control plan” or “small parcel ESC plan” means a plan for small sites to implement temporary BMPs to control pollution generated during the construction phase only, primarily erosion and sediment. Guidance for preparing a small parcel ESC plan is contained in the manual.

LL. “Soil” means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.

MM. “Source control BMP” means a BMP that is intended to prevent pollutants from entering stormwater. A few examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump.

NN. “Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel or a constructed infiltration facility.

OO. “Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater.

PP. “Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins, and modular pavement.

QQ. “Stormwater management manual” or “manual” means the latest edition of the Stormwater Management Manual for the Puget Sound Basin adopted by reference and prepared by Ecology that contains BMPs to prevent or reduce pollution.

RR. “Stormwater site plan” means a plan which includes an erosion and sediment control (ESC) plan and/or a permanent stormwater quality control plan (PSQCP). For small sites, this plan is the equivalent of a small parcel erosion and sediment control plan. Guidance on preparing a stormwater site plan is contained in the manual.

SS. “Treatment BMP” means a BMP that is intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration swales, and constructed wetlands.

TT. “Watershed” means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC.

UU. “Wetlands” for the purposes of inventory, incentives, and nonregulatory programs, means those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes:

1. At least periodically, the land supports predominantly hydrophytes;

2. The substrate is predominantly undrained hydric soil; and

3. The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year. “Wetland buffers” or “wetland buffer zones” is an area that surrounds and protects a wetland from adverse impacts to the functions and values of a regulated wetland.

VV. “Vegetation” means all organic plant life growing on the surface of the earth. (Ord. 1196 § 4, 1995).

15.32.030 General provisions.

A. Abrogation and Interpretation. It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. When any provision of any other chapter of the FMC conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter.

The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.

The community development department is authorized to adopt procedures for the purpose of carrying out the provisions of this chapter.

B. Stormwater Drainage Permits. Any person proposing development or redevelopment of a parcel that falls within the parameters of this chapter shall be required to submit an application for a stormwater drainage permit to the city of Fife. The application shall include:

1. The name and address of the applicant;

2. The name and address of the property owner;

3. The exact location of the proposed work by street address and/or parcel number;

4. Stormwater site plan that includes one or more of the following as required by this chapter: small parcel erosion and sediment control plan; large parcel erosion and sediment control plan; and a permanent stormwater quality control (PSQC) plan;

5. Civil drawings and other information required by the manual; and

6. Other information as requested.

The application will be reviewed by the community development department, the city engineer, the local drainage district, and other applicable agencies as determined by the city of Fife community development director.

C. Regulated Activities. Prior to fulfilling the requirements of this chapter, Fife shall not grant any approval or permission to conduct a regulated activity. Regulated activities include, but are not limited to, the following permits and approvals: Building permit; binding site plan; conditional use permit; grading and clearing permit; right-of-way permit; shoreline substantial development permit, variance, rezone; subdivision; or any subsequently adopted permit or required approval not expressly exempted by this chapter.

D. Permit Issuance. Regulated activities that require a stormwater site plan under this chapter shall only be conducted after the city of Fife approves the plan. Upon approval of the stormwater site plan, the city of Fife shall issue a storm drainage permit.

E. Storm Drainage Plan Check Fees. A fee for storm drainage plan check shall be charged to all storm drainage plan submittals. The purpose of the fee is to recover all costs associated with the plan review. The amount of the fee shall be the actual costs incurred by the city engineer in reviewing the plans, consulting fees charged for meetings conducted in reference to the storm drainage plan, plus a 15 percent administrative fee.

The city shall not issue any permits for a parcel until the storm drainage plan check fee has been paid in full.

The sum of $75.00, a partial payment of the drainage plan check fee, shall be collected at the time the storm drainage plan is submitted to the city. (Ord. 1196 § 5, 1995).

15.32.040 Regulated activities and allowed activities.

A. New Development – Regulated Activities. Consistent with the minimum requirements contained in this chapter, the city of Fife shall approve, conditionally approve, or disapprove the following activities, unless exempted in subsection (C) of this section:

1. Land disturbing activities;

2. Structural development, including construction, installation, or expansion of a building or other structure;

3. Creation of impervious surfaces;

4. Subdivisions, short subdivisions, and binding site plans, as defined in RCW 58.17.020.

B. Redevelopment – Regulated Activities. On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, land disturbing activity, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.

C. Exemptions. Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timber land to other uses, are exempt from the provisions of this chapter.

Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff System.

All other new development and redevelopment is subject to the minimum requirements of this chapter. (Ord. 1196 § 6, 1995).

15.32.050 General requirements.

A. Stormwater Management Manual Adopted. The latest edition of the Department of Ecology’s Stormwater Management Manual, including any amendments, is hereby adopted by reference and is referred to as the “manual” in this chapter.

B. Stormwater Best Management Practices (BMPs).

1. General. BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this chapter. Best management practices are found in the manual.

2. Experimental BMPs. In those instances where appropriate BMPs are not in the manual, experimental BMPs will be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in the manual.

C. Illicit Discharges. Illicit discharges to stormwater drainage systems are prohibited.

D. Quality of Fill Material. All fill material shall be of a quality which will permit the construction of buildings upon the fill. No fill that contains a substantial amount of decomposable materials shall be used. No hydraulic fill shall be permitted unless approved by the city engineer. Any fill that is not clean fill will require a permit from the Tacoma/Pierce County health department.

E. Culvert Requirement. When a driveway is to be constructed across an existing drainage ditch, a suitable culvert or other drainage structure as determined by the community development director shall be provided at the expense of the abutting property owner. (Ord. 1196 § 7, 1995).

15.32.060 Approval standards.

A. Small Parcel Minimum Requirements. The following new developments shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, and to comply with the following small parcel requirements.

1. Individual, detached, single-family residences and duplexes.

2. Creation or addition of less than 5,000 square feet of impervious surface area.

3. Land disturbing activities of less than one acre.

Compliance shall be demonstrated through the implementation of an approved small parcel erosion and sediment control plan.

a. Small Parcel Requirement #1 – Construction Access Route. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads.

b. Small Parcel Requirement #2 – Stabilization of Denuded Areas. All exposed soils shall be stabilized by suitable application of BMPs, including but not limited to, sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved. All BMPs shall be selected, designed, and maintained in accordance with the approved manual. From October 1st through April 30th, no soils shall remain exposed for more than two days. From May 1st through September 30th, no soils shall remain exposed for more than seven days.

c. Small Parcel Requirement #3 – Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes, or mulching, or by a combination of these measures and other appropriate BMPs.

d. Small Parcel Requirement #4 – Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function.

e. Small Parcel Requirement #5 – Other BMPs. As required by the city of Fife, other appropriate BMPs to mitigate the effects of increased runoff shall be applied.

B. Large Parcel Minimum Requirements – New Development.

1. All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and/or land disturbing activity of one acre or greater, shall comply with minimum requirements #1 through #11 in FMC 15.32.070(A) through (K).

Compliance shall be demonstrated through the implementation of an approved stormwater site plan consisting of a large parcel ESC plan and a PSQC plan, as appropriate.

2. All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and land disturbing activity of less than one acre, shall comply with minimum requirements #2 through #11 in FMC 15.32.070(B) through (K) and the small parcel minimum requirements found in subsection (A) of this section.

Compliance shall be demonstrated through the implementation of an approved stormwater site plan that includes a small parcel erosion and sediment control plan and a PSQC plan.

This subsection does not apply to the construction of individual, detached, single-family residences and duplexes. Those types of new development are included in subsection (A) of this section.

C. Large Parcel Minimum Requirements – Redevelopment.

1. Where redevelopment of 5,000 square feet or more occurs:

Minimum requirements #1 through #11 in FMC 15.32.070(A) through (K) shall apply to that portion of the site that is being redeveloped and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project.

In addition to the above requirements, where one or more of the following conditions apply, a stormwater management plan shall be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable, for the entire site, including adjoining parcels if they are under the same ownership. An adopted and implemented basin plan (minimum requirement #9) may be used to develop redevelopment requirements that are tailored to a specific basin.

a. Existing sites greater than one acre in size with 50 percent or more impervious surface.

b. Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to water bodies:

i. Listed in reports required under Section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses;

ii. Listed under Section 303(d) of the Clean Water Act;

iii. Listed in Washington State’s Nonpoint Source Assessment required under Section 319(a) of the Clean Water Act that, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain water quality standards.

c. Sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process under Chapter 400-12 WAC, or through the Growth Management Act. (Ord. 1196 § 8, 1995).

15.32.070 Minimum requirements.

A. Minimum Requirement #1 – Erosion and Sediment Control. All new development and redevelopment that includes land disturbing activities of one or more acres shall comply with erosion and sediment control requirements #1 through #15 below. Compliance with the erosion and sediment control requirements shall be demonstrated through implementation of an approved large parcel erosion and sediment control plan.

All new development and redevelopment that includes land disturbing activities of less than one acre shall comply with the small parcel minimum requirements found in FMC 15.32.060. Compliance with the small parcel requirements shall be demonstrated through implementation of a small parcel erosion and sediment control plan.

The following erosion and sediment control requirements shall be met:

1. Erosion and Sediment Control Requirement #1 – Stabilization and Sediment Trapping. All exposed and unworked soils shall be stabilized by suitable application of BMPs. From October 1st to April 30th, no soils shall remain unstabilized for more than two days. From May 1st to September 30th, no soils shall remain unstabilized for more than seven days. Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs.

2. Erosion and Sediment Control Requirement #2 – Delineate Clearing and Easement Limits. In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees, and drainage courses.

3. Erosion and Sediment Control Requirement #3 – Protection of Adjacent Properties. Properties adjacent to the project site shall be protected from sedimentation deposition.

4. Erosion and Sediment Control Requirement #4 – Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading.

These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in erosion and sediment control requirement #1.

5. Erosion and Sediment Control Requirement #5 – Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with erosion and sediment control requirement #1.

6. Erosion and Sediment Control Requirement #6 – Controlling Off-Site Erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater runoff from the project site.

7. Erosion and Sediment Control Requirement #7 – Stabilization of Temporary Conveyance Channels and Outlets. All temporary on-site conveyance channels shall be designed, constructed, and stabilized to prevent erosion from the expected velocity of flow from a two-year, 24-hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes, and downstream reaches shall be provided at the outlets of all conveyance systems.

8. Erosion and Sediment Control Requirement #8 – Storm Drain Inlet Protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment.

9. Erosion and Sediment Control Requirement #9 – Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria:

a. Where feasible, no more than 500 feet of trench shall be opened at one time;

b. Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches; and

c. Trench dewatering devices shall discharge into a sediment trap or sediment pond.

10. Erosion and Sediment Control Requirement #10 – Construction Access Routes. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment onto the paved road. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shovelling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.

11. Erosion and Sediment Control Requirement #11 – Removal of Temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved and inspected and approved by the director or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized.

12. Erosion and Sediment Control Requirement #12 – Dewatering Construction Sites. Dewatering devices shall discharge into a sediment trap or sediment pond.

13. Erosion and Sediment Control Requirement #13 – Control of Pollutants Other Than Sediment on Construction Sites. All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater.

14. Erosion and Sediment Control Requirement #14 – Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with the manual.

15. Erosion and Sediment Control Requirement #15 – Financial Liability. Performance bonding, or other appropriate financial instruments, may be required at the community development director’s discretion for specific projects to ensure compliance with the approved plans. Projects that may require bonding include, but are not limited to those occurring in environmentally sensitive areas and where problems are anticipated in developing the property.

B. Minimum Requirement #2 – Preservation of Natural Drainage Systems. Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location, to the extent practicable.

C. Minimum Requirement #3 – Source Control of Pollution. Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to the approved manual.

An adopted and implemented basin plan (minimum requirement #9) may be used to develop source control requirements that are tailored to a specific basin, however, in all circumstances, source control BMPs shall be required for all sites.

D. Minimum Requirement #4 – Runoff Treatment BMPs. All projects shall provide treatment of stormwater. Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the six-month, 24-hour return period storm. The first priority for treatment shall be to infiltrate as much as possible of the water quality design storm, only if site conditions are appropriate and groundwater quality will not be impaired. Direct discharge of untreated stormwater to groundwater is prohibited. All treatment BMPs shall be selected, designed, and maintained according to the approved manual.

Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the city and when permitted under the city’s critical areas ordinance.

An adopted and implemented basin plan (minimum requirement #9) may be used to develop runoff treatment requirements that are tailored to a specific basin.

E. Minimum Requirement #5 – Streambank Erosion Control. The requirement below applies only to situations where stormwater runoff is discharged directly and indirectly to a stream, and must be met in addition to meeting the requirements in minimum requirement #4, runoff treatment BMPs.

Stormwater discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to 50 percent of the existing condition two year, 24-hour design storm while maintaining the existing condition peak runoff rate for the 10-year, 24-hour and 100-year, 24-hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and groundwater quality is protected. Streambank erosion control BMPs shall be selected, designed, and maintained according to the approved manual.

Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the city and when permitted under the city’s critical areas ordinance.

An adopted and implemented basin plan (minimum requirement #9) may be used to develop streambank erosion control requirements that are tailored to a specific basin.

F. Minimum Requirement #6 – Wetlands. The requirements below apply only to situations where stormwater discharges directly or indirectly through a conveyance system into a wetland, and must be met in addition to meeting the requirements in minimum standard #4, runoff treatment BMPs.

1. Stormwater discharges to wetlands must be controlled and treated to the extent necessary to meet the State Water Quality Standards, Chapter 173-201 WAC, or Groundwater Quality Standards, Chapter 173-200 WAC, as appropriate.

2. Discharges to wetlands shall maintain the hydroperiod and flows of existing site conditions to the extent necessary to protect the characteristic uses of the wetland. Prior to discharging to a wetland, alternative discharge locations shall be evaluated and natural water storage and infiltration opportunities outside the wetland shall be maximized.

3. Created wetlands that are intended to mitigate for loss of wetland acreage, function, and value shall not be designed to also treat stormwater.

4. In order for constructed wetlands to be considered treatment systems, they must be constructed on sites that are not wetlands and they must be managed for stormwater treatment. If these systems are not managed and maintained in accordance with the approved manual for a period exceeding three years, these systems may no longer be considered constructed wetlands. Discharges from constructed wetlands to waters of the state (including discharges to natural wetlands) are regulated under Chapters 90.48 RCW, 173-200 and 173-201 WAC.

5. Stormwater treatment BMPs shall not be built within a wetland buffer or other natural vegetated buffer, except for necessary conveyance systems as approved by the community development department and as permitted under the city’s critical area ordinance. An adopted and implemented basin plan (minimum requirement #9) may be used to develop requirements for wetlands that are tailored to a specific basin.

G. Minimum Requirement #7. Water quality sensitive areas. Where the community development department determines that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality.

Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the community development department and as permitted by the city’s critical areas ordinance.

An adopted and implemented basin plan (minimum requirement #9) may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin.

H. Minimum Requirement #8. Off-site analysis and mitigation. All development projects shall conduct an analysis of off-site water quality impacts resulting from the project and shall mitigate these impacts. The analysis shall extend a minimum of one-fourth of a mile downstream from the project. The existing or potential impacts to be evaluated and mitigated shall include, at a minimum, but not be limited to:

1. Excessive sedimentation.

2. Streambank erosion.

3. Discharges to groundwater contributing or recharge zones.

4. Violations of water quality standards.

5. Spills and discharges of priority pollutants.

I. Minimum Requirement #9 – Basin Planning. Adopted and implemented watershed-based basin plans may be used to modify any or all of the minimum requirements; provided, that the level of protection for surface or groundwater achieved by the basin plan will equal or exceed that which would be achieved by the minimum requirements in the absence of a basin plan. Basin plans shall evaluate and include, as necessary, retrofitting of BMPs for existing development and/or redevelopment in order to achieve watershed-wide pollutant reduction goals.

Standards developed from basin plans shall not modify any of the above requirements until the basin plan is formally adopted and fully implemented by the city. Basin plans shall be developed according to the approved manual.

J. Minimum Requirement #10 – Operation and Maintenance. An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the person responsible for maintenance and operation shall be identified.

K. Minimum Requirement #11 – Financial Liability. Performance bonding or other appropriate financial instruments may be required at the community development director’s discretion, for specific projects to ensure compliance with these standards. Projects that may require bonding include, but are not limited to those occurring in environmentally sensitive areas and where problems are anticipated. (Ord. 1196 § 9, 1995).

15.32.080 Administration.

A. Director. The community development director and/or his designee shall administer this chapter and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.

B. Review and Approval. The director may approve, conditionally approve, or deny an application for activities regulated by this chapter.

C. Enforcement Authority. The director shall enforce this chapter.

D. Inspection. All activities regulated by this chapter, except those exempt in FMC 15.32.100, shall be inspected by the director. The director shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction, installation of BMPs, land disturbing activities, installation of utilities, landscaping, retaining walls, and completion of project. When required by the director, a special inspection and/or testing shall be performed.

E. Fees. All storm drainage facilities financed by other than city funds must have the design plans approved by the city. Plan review fees will be as required in FMC 3.80.010(B), and/or actual cost of consulting engineer fees, if required by the public works director. Inspection fees will be at the actual cost of field and office time expended including the hourly wage of the inspector plus benefits and administrative overhead. Plan review fees shall be paid prior to issuing the associated drainage permit. Inspection fees shall be paid prior to acceptance of the improvements by the city. Plan review and inspection fees shall not be applicable to repair work but shall apply only to new construction. (Ord. 1416 § 2, 2000; Ord. 1366 § 7, 1999; Ord. 1196 § 10, 1995).

15.32.090 Enforcement.

A. General. Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action.

B. Stop Work Order. The director shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this chapter. If a portion of a project is in violation of this chapter, the director may issue a stop work order for the entire project.

1. Content of Order. The order shall contain:

a. A description of the specific nature, extent, and time of violation and the damage or potential damage; and

b. A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under subsection (C) of this section may be issued with the order.

2. Notice. A stop work order shall be posted at the job site and a letter containing the stop work order sent by certified mail, return receipt requested, to the person violating this chapter.

3. Effective Date. The stop work order issued under this section shall become effective immediately upon posting of the stop work order at the job site.

4. Compliance. Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty.

C. Civil Penalty. Civil penalties shall be as provided in Chapter 1.24 FMC. (Ord. 1196 § 11, 1995).

15.32.100 Variance.

A. Hearing Examiner. After a public hearing, the hearing examiner may grant a variance from the requirements of this chapter. In granting any variance, the hearing examiner may prescribe conditions that are deemed necessary or desirable for the public interest.

B. Findings of Fact. Variance to minimum requirements #1 through #11 may be granted prior to permit approval and construction. A variance may be granted following a public hearing, provided that a written finding of fact is prepared that addresses the following:

1. The variance provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection, and facility maintenance, based upon sound engineering, are fully met;

2. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;

3. That the granting of the variance will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state;

4. The variance is the least possible exception that could be granted to comply with the intent of the minimum requirements; and

5. That the variance does not violate any other local, state, county, or federal regulation or ordinance.

C. Prior Approval. Any variance shall be approved prior to permit approval and construction.

D. Duration of Variance. Variances granted by the hearing examiner shall expire one year from the date of approval. The construction permitted under this variance shall be completed and approved within the one-year period of time.

E. Right of Appeal. All actions of the hearing examiner shall be final and conclusive, unless, within seven days of the date of the hearing examiner action, the original applicant or an adverse party gives written notice of appeal to Pierce County superior court for review of the action. (Ord. 1593-06 §§ 38, 39, 40, 2006; Ord. 1196 § 12, 1995).

Chapter 15.34
STORMWATER FACILITY DESIGN AND CONSTRUCTION STANDARDS

Sections:

15.34.010 Purpose.

15.34.020 Definitions.

15.34.030 General provisions.

15.34.040 Applicability.

15.34.050 General requirements.

15.34.060 Administration.

15.34.070 Inspection program.

15.34.080 Enforcement.

15.34.010 Purpose.

The provisions of this chapter are intended to:

A. Provide for inspection and maintenance of stormwater facilities in Fife to provide for an effective, functional stormwater drainage system.

B. Authorize the community development department to require that stormwater facilities be operated, maintained, and repaired in conformance with this chapter.

C. Establish the minimum level of compliance which must be met.

D. Guide and advise all who conduct inspection and maintenance of stormwater. (Ord. 1196 § 14, 1995).

15.34.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. “Best management practice” or “BMP” means physical, structural, or managerial practices that, when used singly or in combination, prevent or reduce pollution of water. BMPs are listed and described in the stormwater management manual.

B. “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.

C. “Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface water channel, or a constructed infiltration facility.

D. “Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater.

E. “Stormwater facility” means a constructed component of a stormwater drainage system, designed, or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins, and modular pavement. stormwater facilities are described in the manual.

F. “Stormwater management manual” or “manual” means latest edition of the Stormwater Management Manual for the Puget Sound Basin adopted by reference and prepared by Washington State Department of Ecology that contains BMPs to prevent or reduce pollution. The stormwater management manual contains BMPs to prevent or reduce pollution and maintenance provisions for all BMPs. (Ord. 1196 § 15, 1995).

15.34.030 General provisions.

A. Abrogation and Greater Restrictions. It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

B. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 1196 § 16, 1995).

15.34.040 Applicability.

When any provision of any other chapter of the FMC conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter.

The community development director is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. (Ord. 1196 § 17, 1995).

15.34.050 General requirements.

A. Maintenance Required. All stormwater facilities shall be maintained in accordance with this chapter and the approved manual. Systematic, routine preventive maintenance is preferred.

B. Minimum Standards. The following are the minimum standards for the maintenance of stormwater facilities:

1. Facilities shall be inspected annually and cleared of debris, sediment, and vegetation when they effect the functioning and/or design of the facility.

2. Grassy swales and other biofilters shall be inspected monthly and mowed or replanted as necessary. Clippings are to be removed and properly disposed of.

3. Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the director shall revisit the facility to assure that it is being maintained.

C. Maintenance of Drainage Structure. All drainage structures between the property line and the roadway shall be maintained in a safe and usable condition by the abutting property owner.

D. Disposal of Waste From Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC.

E. Compliance. Property owners are responsible for the maintenance, operation, or repair of stormwater drainage systems and BMPs. Property owners shall maintain, operate, and repair these facilities in compliance with the requirements of this chapter and the approved manual. (Ord. 1196 § 18, 1995).

15.34.060 Administration.

A. Director. The community development director or a designee/inspector shall administer this chapter and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.

B. Inspection Authority. The director is directed and authorized to develop an inspection program for stormwater facilities in Fife.

C. Enforcement Authority. The director shall enforce this chapter. (Ord. 1196 § 19, 1995).

15.34.070 Inspection program.

A. Inspection. Whenever implementing the provisions of this inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the inspector is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the city to determine compliance with the provisions of this chapter.

B. Procedures. Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection, and request entry.

1. If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

2. If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.

3. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent hazard, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.

4. The inspector may inspect the stormwater drainage system without obtaining a search warrant provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.

C. Annual Inspection Schedule. The director shall establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned by the city. Inspections shall be annual. Critical stormwater facilities may require a more frequent inspection schedule.

D. Annual Inspection Fee. The fee for the annual inspection shall be as follows:

$25.00 initial inspection

$25.00 second inspection

$50.00 for each inspection thereafter

This fee shall be paid to the city of Fife.

E. Inspection and Maintenance Records. As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new stormwater facilities shall include the following:

1. As-built plans and locations.

2. Findings of fact from any variance granted by the city.

3. Operation and maintenance requirements and records of inspections, maintenance actions, and frequencies.

4. Engineering reports, as appropriate.

F. Reporting Requirements. The director shall report annually to the city council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the

need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. (Ord. 1196 § 20, 1995).

15.34.080 Enforcement.

A. General. Enforcement action shall be taken whenever a person has violated any provision of this chapter. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action.

B. Orders. The director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, the approved manual, and/or city regulations.

The order shall include:

1. A description of the specific nature, extent, and time of the violation and the damage or potential damage that reasonably might occur;

2. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and

3. A reasonable time to comply, depending on the circumstances.

C. Civil Penalty. Civil penalties shall be as provided in Chapter 1.24 FMC. (Ord. 1196 § 21, 1995).

Chapter 15.36
LAND FILL

Sections:

15.36.010 –

15.36.050 Repealed.

15.36.010 Permit – Required.

Repealed by Ord. 1196. (Ord. 315 § 1, 1973).

15.36.020 Permit – Issuance.

Repealed by Ord. 1196. (Ord. 315 § 4, 1973).

15.36.030 Permit – Application.

Repealed by Ord. 1196. (Ord. 567 § 1, 1980; Ord. 315 § 2, 1973).

15.36.040 Slope of fill.

Repealed by Ord. 764. (Ord. 365 § 1, 1975; Ord. 315 § 2 [3(a, b)], 1973).

15.36.050 Quality of fill material.

Repealed by Ord. 1196. (Ord. 315 § 3, 1973).

Chapter 15.40
FLOOD DAMAGE PREVENTION

Sections:

15.40.010 Statement of purpose.

15.40.020 Definitions.

15.40.030 Methods of reducing flood losses.

15.40.040 Applicability of provisions.

15.40.050 Basis for establishing the areas of special flood hazard.

15.40.060 Compliance.

15.40.070 Abrogation and greater restrictions.

15.40.080 Interpretation.

15.40.090 Warning and disclaimer of liability.

15.40.100 Development permit – Required – Application.

15.40.110 Director of public works department – Administration powers.

15.40.120 Director of public works department – Duties and responsibilities.

15.40.130 General standards.

15.40.140 Anchoring.

15.40.150 Construction materials and methods.

15.40.160 Utilities.

15.40.170 Subdivision proposals.

15.40.180 Review of building permits.

15.40.190 Specified standards.

15.40.200 Residential construction.

15.40.210 Nonresidential construction.

15.40.215 Critical facility.

15.40.220 Manufactured homes.

15.40.225 Recreational vehicles.

15.40.230 Floodways.

15.40.240 Wetlands management.

15.40.250 Appeal board.

15.40.260 Conditions for variances.

15.40.270 Penalties and enforcement.

15.40.010 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health;

B. Minimize expenditures of public money and costly flood control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

H. Ensure that those who occupy the area of special flood hazard assume responsibility for their actions. (Ord. 546 § 1.1, 1980).

15.40.020 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A. “Appeal” means a request for a review of the building inspector’s interpretation of any provision of this chapter or a request for a variance.

B. “Area of shallow flooding” means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

C. “Area of special flood hazard” means the land in the floodplain within a