A. 
All violations of development, land use, licensing and public health ordinances are found and declared to be nuisances.
B. 
Unless otherwise provided, violations of this chapter and any violations of this code deemed a “nuisance” or a “public nuisance” shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070.
C. 
The following are declared to be public nuisances: buildings and structures that are determined by the City’s Building Official to be vacant and so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure (collectively referred to as a “Vacant Building”).
(Ord. 1837 § 2 (part), 1998; Ord. 2144 § 1, 2006; Ord. 2549 § 10, 2017)
A. 
The City of Tukwila hereby adopts by reference, as if fully set forth herein, the 2015 edition of the International Property Maintenance Code (the “IPMC”), as published by the International Code Council and as amended in TMC Section 8.28.020.B, to be the Property Maintenance Code of the City of Tukwila. A copy of the adopted IPMC is on file in the Department of Community Development of the City of Tukwila for public use.
B. 
The City of Tukwila hereby adopts the following changes to the IPMC as adopted in TMC Section 8.28.020.A:
1. 
IPMC Section 101.1 shall reflect that the name of the jurisdiction is the City of Tukwila.
2. 
Reference to the International Plumbing Code is hereby deleted from IPMC Section 102.3. The last sentence of IPMC Section 102.3 is hereby deleted in its entirety.
3. 
The first sentence of IPMC Section 102.7 is hereby amended to read as follows:
The codes and standards referenced in this code shall be those that are listed in IPMC Chapter 9, “Referenced Standards,” as herein amended and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2.
4. 
IPMC Section 103.5 is hereby repealed in its entirety.
5. 
IPMC Section 111 is hereby repealed in its entirety. Any person directly affected by a decision of the code official or a Notice of Violation and Order or a civil infraction, or any other order issued under this code or TMC Chapter 8.45, shall have the right to appeal to the City Hearing Examiner or the Municipal Court as set forth in TMC Chapter 8.45. In addition to, or in lieu of, any other state or local provisions for the recovery of costs or penalties incurred or assessed under TMC Chapter 8.45, the City Treasurer may, pursuant to RCW 35.80.030(1)(h), certify to the King County Treasurer an assessment amount equal to the costs of abatement, removal, or repair of the property and/or any associated penalties and collections to the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year, to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020.
6. 
IPMC Section 112.4 is hereby repealed in its entirety. Violations shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070.
7. 
References to “International Plumbing Code” and “International Zoning Code” are hereby deleted from IPMC Section 201.3.
8. 
The following definitions shall be added to IPMC Section 202 as follows:
a. 
Accessory Structure. A detached structure, such as garage or shed, that is subordinate to the principal building(s) on the same premises except Accessory Dwelling Units.
b. 
Adequate. Sufficient to accomplish the purpose intended without unreasonable risk to human health or safety.
c. 
Asbestos-Containing Material. Any material or product containing more than one percent asbestos.
d. 
Balusters. Pillars or columns in a series supporting a rail or guard.
e. 
Biological Agent. Includes but not limited to mold, infestation, human and animal waste, wastewater, sewage, rotting material and accumulation of trash that may harbor viruses, parasites, fungi, and/or bacteria.
f. 
Carbon Monoxide Alarm. An electronic device that measures the level of carbon monoxide gas in the air and is equipped with a sensor that activates an audible alarm when an amount of carbon monoxide above the device’s threshold level accumulates in the area in which the alarm is located.
g. 
Chemical Agent. Chemicals that have the potential to cause adverse health effects.
h. 
Class ABC Fire Extinguisher. A fire extinguisher capable of putting out:
(1) 
Fires in ordinary combustible materials, such as wood, cloth, paper, rubber, and many plastics (Class A);
(2) 
Fires in flammable liquids, combustible liquids, petroleum greases, tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases (Class B); and
(3) 
Fires that involve energized electrical equipment (Class C).
i. 
Cleanable. Moisture-resistant, free from cracks, pitting, chips, or tears, and designed to be cleaned frequently.
j. 
Code Official is deemed to refer to the Building Official.
k. 
Common Areas. Areas within multifamily housing that are designated for use by all occupants, owners, tenants or users of a building or building complex, including but not limited to corridors, hallways, lobbies, parking areas, laundry rooms, recreational spaces, pools, and exterior property.
l. 
Department of Property Maintenance is deemed to refer to the Code Enforcement Section.
m. 
Egress. The path available for a person to leave a building. This route shall be unobstructed, and doors along this route cannot be subject to locking from the side to which people will be leaving.
n. 
Emergency Escape and Rescue Opening. An openable window, door, or other similar device that provides for a means of escape and access for rescue in the event of an emergency.
o. 
Friable. Asbestos-containing material that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.
p. 
Grade. The finished ground level adjoining building at all exterior walls.
q. 
Graywater System. A system for collecting household wastewater from plumbing fixtures other than toilets and treating it for non-potable reuse.
r. 
Handrail. A horizontal or sloping rail intended for grasping by the hand for guidance or support.
s. 
Harborage. Any condition or place where pests can obtain water or food, nest, or shelter.
t. 
Health. See “Safe and Healthy.”
u. 
Heating System. Facilities that, for the purpose of maintaining thermal comfort during cold weather, heat air or water through a furnace or heat pump and distribute such heat through vents, ducts, pipes, or radiators, or hardwired electrical heaters.
v. 
Insects. All species of classes of Arachnida and Insecta (Hexapoda) of the Phylum Arthropoda including flies, mosquitoes, bed bugs, crickets, cockroaches, moths, bees, wasps, hornets, fleas, lice, beetles, weevils, gnats, ants, termites, mites, ticks, spiders, and scorpions.
w. 
Integrated Pest Management. A systematic strategy for managing pests that consists of eliminating their harborage places; removing, or making inaccessible their food and water sources; routine inspection and monitoring; identification of evidence found; treatment that is scaled to and designed for the infestation; using the least toxic pesticide for the identified pest; and follow-up inspection until the infestation is gone. Low-toxicity pesticide products are labeled with the single word of CAUTION.
x. 
Lead-Based Paint. Equal to or greater than 1.0 milligram lead per square centimeter or 0.5 percent lead by weight for existing surfaces, paint, or other surface coatings, and equal to or greater than 90 parts per million (ppm) or .009 percent lead for paint and other surface coatings at the point of purchase.
y. 
Methamphetamine. A synthetic drug with rapid and lasting effects sometimes used or manufactured illegally as a stimulant.
z. 
Mold. A growth that a fungus produces on damp or decaying organic matter or on living organisms.
aa. 
Multifamily Housing. Any dwelling containing more than two dwelling units.
bb. 
Pests. Insects, rodents, or other vermin.
cc. 
Pesticide. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.
dd. 
Privacy. Conditions that permit an individual or individuals to be without observation, interruption, or interference by unwanted individuals.
ee. 
Properly Connected. Installed in accordance with all applicable codes and ordinances, and in good working order and not constituting a hazard to life or health.
ff. 
Radon. An odorless, tasteless, and invisible gas found in both outdoor air and indoor air that is a form of ionizing radiation produced by the decay of uranium in soil and water.
gg. 
Recyclable Materials. Disposable products composed of glass, metal, paper, plastic, and similar content that can be processed to produce a new supply of the same material or be reused in the production of other materials.
hh. 
Riser. Vertical surface that connects one tread of a step or stair to the next.
ii. 
Rodent. Any member of the order Rodentia, including but not limited to field and wood mice, wood rats, squirrels, woodchucks, gophers, Norway rats (Rattus norvegicus), roof rats (rattus rattus), and house mice (Mus musculus).
jj. 
Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials; paper; rags; cartons; boxes; wood; excelsior; rubber; leather; tree branches; yard trimmings; tin cans; metals; mineral matter; glass, crockery and dust; discarded furniture and appliances; and other similar materials.
kk. 
Safe and Healthy. The condition of being free from danger and from chemical, biological, and physical agents that may cause injury, disease, or death; and fit for human occupancy.
ll. 
Smoke. Emissions from a lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted biomass-burning substances such as but not limited to tobacco, marijuana, and incense.
mm. 
Smoke Detector. A device that is equipped to activate an audible alarm when it detects the presence of combustion products in air.
nn. 
Space Heater. A self-contained convection or radiant heater designed to heat a room, two adjoining rooms, or some other limited space or area.
oo. 
Supplied. Paid for, furnished by, provided by, or under the control of the owner or operator.
pp. 
Trash. Garbage, refuse or ashes.
qq. 
Tread. The horizontal surface of a step or stair.
rr. 
Unblockable Drain. Includes a pool, spa, or whirlpool drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.
ss. 
Ventilation System. The natural or mechanical process of supplying or removing conditioned or unconditioned air to or from a space.
tt. 
Volatile Organic Compounds (VOC). Organic chemical compounds whose composition makes it possible for them to evaporate under normal indoor atmospheric conditions of temperature and pressure.
uu. 
Walk-off Mat. A coarse-ribbed or plush-surfaced mat with nonslip backing placed inside or just outside building entrances designed to capture dirt, water, and other materials tracked inside by people and equipment.
vv. 
Waterproof. Impervious to water.
ww. 
Weathertight. Secure against penetration by air, wind, rain, snow, and other weather conditions.
9. 
The following is added to IPMC Section 301 as follows:
301.4 Safe and healthy condition. The owner shall ensure that the dwelling is maintained in a safe and healthy condition. The owner shall investigate occupant reports of unsafe or unhealthy conditions, respond in writing, and make needed repairs in a timely manner. Occupants shall report unsafe or unhealthy conditions, including breakdowns, leaks, and other problems requiring repair, to the owner in a timely manner.
10. 
The first sentence of IPMC Section 302.4 is hereby amended to read as follows:
All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches.
11. 
The following is added to IPMC Section 302 as follows:
302.5.1 Rodent exclusion. There shall be no holes or open joints in exterior walls, foundations, slabs, floors, or roofs that equal or exceed one-eighth inch (3 mm). The areas surrounding windows, doors, pipes, drains, wires, conduits, vents, and other openings that penetrate exterior walls shall be sealed with low-VOC caulk or closed-cell insulation.
12. 
IPMC Section 303.2 is hereby amended to read as follows:
Private swimming pools, hot tubs and spas containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 60 inches (1524 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is not less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
13. 
The following is added to IPMC Section 303 as follows:
303.3 Prevention of entrapment. Suction outlets on pools and spas shall have anti-entrapment drain covers compliant with ANSI / ASME A112.19.8 and ANSI / APSP / ICC-8-2013. Pool drains and drain covers shall be clearly visible and in good repair. Where there is a single main drain (other than an unblockable drain), a second anti-entrapment system shall be installed.
303.4 Fences, gates and barriers (collectively “barriers”). Fences and gates shall not have climbable crosspieces. The maximum vertical clearance between grade and the bottom of the barrier shall be 4 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at ground level, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). Gates shall open outward away from the pool.
14. 
The following is added to IPMC Section 304 as follows:
304.7.1 Crawl spaces. The crawl space shall be free of high-moisture conditions or be separated from the dwelling by an air seal or other method suitable to the climate and conditions.
304.10.1 Nonskid surfaces. Treads on exterior stairways shall have nonskid surfaces.
304.13.3 Window guards. In dwelling units, if the vertical distance from the top of the sill of an exterior openable window to the finished grade or other surface below is greater than 72 inches (183 cm), and the vertical distance from the top of the sill to the floor of the room is less than 36 inches (91.5 cm), the window shall have a fall prevention device compliant with ASTM F2006 or ASTM F2090, unless the opening will not allow a 4-inch diameter (102 mm) sphere to pass through when fully opened.
304.13.4 Attached garages. Openings separating an attached garage from a habitable room, including doors, ceilings, floors, and utility and ductwork penetrations, shall be sealed. The doorway between a habitable room and an attached garage shall be equipped with a wood door not less than 1-3/8 inches (35 mm) in thickness, a solid or honeycomb core steel door not less than 1-3/8 inches (35 mm) thick, or a 20-minute fire-rated door. The door shall have a self-closing, self-latching mechanism and be sealed with weather stripping.
15. 
The first sentence of IPMC Section 304.14 is hereby amended to read as follows:
During the period from January 1 to December 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any other areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self-closing device in good working condition.
16. 
The following is added to IPMC Section 304 as follows:
304.15.1 Self-closing mechanism. Every exterior door on a multifamily building with a common entry that leads into a foyer or hallway shall have a self-closing, self-latching mechanism.
304.18.4 Change of tenancy. Following each change in tenancy, the entry door(s) lock shall be changed.
17. 
The following is added to IPMC Section 305 as follows:
305.4.1 Floors and floor coverings. Floors and floor coverings shall be attached at each threshold, capable of being cleaned, and free of bulges and buckling. Carpet shall have no tears, folds, or bumps.
305.7 Mold and moisture. Interior and exterior surfaces and surface coverings, such as but not limited to carpet, wood, cellulose insulation, and paper, paint, and other wall coverings, including paper-faced gypsum board, shall have no signs of visible mold growth or chronic or persistent excessive dampness or moisture. Material that is discolored or deteriorated by mold or mildew or causes a moldy or earthy odor shall be cleaned, dried, and repaired. Structurally unsound material shall be removed and replaced. Removal and repair of moldy material shall be conducted in accordance with New York City’s Guidelines on Assessment and Remediation of Fungi in Indoor Environments, the EPA guidelines for Mold Remediation in Schools and Commercial Buildings, or other approved method. The underlying cause of excessive dampness or moisture, or moldy or earthy odor, shall be investigated and corrected. If the occupant’s action has caused pooling of water inside the dwelling unit, the occupant shall clean up and dry out the area in a timely manner.
18. 
The following is added to IPMC Section 307 as follows:
307.2 Crosspieces. There shall be no climbable crosspieces.
307.3 Openings at floor level. If the guard’s balusters do not reach the floor or ground, the narrowest opening between the bottom of the guard and the floor shall be a maximum of four inches (10.2 cm).
19. 
The following is added to IPMC Section 309 as follows:
309.1.1 Elimination methods. Pest infestation and the underlying cause shall be eliminated using control methods consistent with integrated pest management, such as exclusion, sanitation, and least-risk pesticides scaled to and designed for the targeted infestation.
309.1.2 Prohibited chemicals. Foggers and organic phosphates shall not be used to control or eliminate pests.
309.6 Prevention of pest habitat. Stored materials shall be placed in boxes or stacked in stable piles, elevated at least six inches (152 mm) above the ground or floor, located at least six inches (152 mm) from the walls, and not blocking any egress routes. There shall be no accumulation of trash, paper, boxes, lumber, scrap metal, food, or other materials that support rodent harborage in or about any dwelling or premises. There shall be no trees, shrubs, or other plantings in the soil within six inches (152 mm) of any dwelling.
309.7 Multifamily building. A certified pest management professional or other personnel who has training or certification in integrated pest management shall develop the integrated pest management program for a multifamily building.
20. 
The following is added to IPMC Section 402 as follows:
402.4 Exterior spaces. The parking areas and walkways of multifamily housing shall be illuminated by outdoor lighting devices suitable for premises.
21. 
The following is added to IPMC Section 403 as follows:
403.4.1 Exhaust. No exhausted air shall be discharged onto abutting or adjacent public or private property or that of another occupant. Exhaust vent pipe openings and any pest-proofing screens that cover them shall be maintained free of debris.
403.4.2 Basement air. Basement air shall not be used as supply air for an air handling system.
403.5.1 Clothes dryer duct. The exhaust from a clothes dryer shall be vented through a rigid or corrugated semi-rigid metal duct.
403.6 Ventilation system. Every dwelling shall have a ventilation system compliant with ASHRAE Standard 62.2 (Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential Buildings) or ASHRAE 62.1 (Ventilation for Acceptable Indoor Air Quality) as applicable to the dwelling.
403.7 Air Sealing. In a multifamily building, walls, ceilings, and floors that separate a dwelling unit from neighboring units, corridors, chases, stairwells, common areas, and other openings shall be sealed.
22. 
The following is added to IPMC Section 404 as follows:
404.4.6 Closet. Every dwelling shall have closet space or other storage space to store occupants’ clothing and personal belongings.
404.7.1 Kitchen sink. There shall be a kitchen sink in good working condition that is properly connected to heated and unheated water supplies and waste pipes. Any provided dishwasher and components of the sink, including disposal and water filtration devices, shall be in good working condition and properly connected.
404.7.2 Range. There shall be a properly installed range in good working condition with all necessary connections for safe and efficient operation. The range shall include an oven other than a microwave oven, unless both a cooktop and separate oven are provided. A hot plate is not an acceptable substitute for burners on a range or cooktop. The range or cooktop shall have a vertical clearance of not less than 30 inches (762 mm) from above its surface to unprotected combustible material. Reduced clearances are permitted in accordance with the listing and labeling of the range hood.
404.7.3 Refrigerator. There shall be a refrigerator in good working condition that is capable of maintaining a temperature less than 41°F (6°C) but more than 32°F (0°C). The freezer section of the refrigerator, or separate freezer, shall be capable of maintaining a temperature below 0°F (-18°C). If the lease does not provide for a refrigerator, adequate connections for the occupant’s installation and operation of a refrigerator shall be provided.
404.7.4 Counters and cabinets. Counters, countertop edges, cabinets, and shelves shall be of sound construction and furnished with surfaces that are impervious to water, smooth, and cleanable. Cabinets shall have tight-fitting doors and no gaps between any surfaces. Each dwelling unit shall have a cabinet or other storage space that is lockable or not readily accessible to children for the storage of medicine and household chemical agents.
23. 
The following is added to IPMC Section 503 as follows:
503.4.1 Nonslip surfaces. The bottoms of bathtubs and shower floors shall have permanent or removable nonslip surfaces.
503.5 Wall surface. Cleanable, nonabsorbent, waterproof material shall cover the wall extending 72 inches (183 cm) above the floor of a shower stall or the floor of a bathtub fitted with shower head. Such materials shall form a tight joint with each other and with the bathtub or shower. Water/mold-resistant materials shall be used on bathroom walls and floors, showers, and other areas of the home that are likely to be exposed to moisture.
24. 
The following is added to IPMC Section 505 as follows:
505.4.1 Maximum temperatures. Bathtub faucets and shower heads shall have a maximum temperature of 120°F (49°C).
25. 
The following is added to IPMC Section 506 as follows:
506.1.1 Cleanout. The drainage system shall have a cleanout.
506.1.2 Graywater. Plumbing fixtures other than toilets may discharge to the dwelling’s graywater system.
26. 
The following is added to IPMC Section 602 as follows:
602.1.1 Maintenance, operation and servicing. The heating system, filtration components, distribution components, heating elements, and cooling elements shall be sealed, cleaned, maintained, and operated in accordance with manufacturer specifications and shall be inspected and serviced annually by a licensed heating, ventilation, and air conditioning systems contractor.
602.1.2 Alternative heat source. If heating equipment becomes inoperative due to a mechanical problem or power failure other than a utility outage, an alternative safe source of necessary heating or ventilating shall be provided within 48 hours.
602.2.1 Maximum temperature. At no time during the heating season shall the system allow the temperature to exceed 78°F (25°C) in any habitable room.
27. 
The first sentence of IPMC Section 602.3 is hereby amended to read as follows:
Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units, on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from January 1 to December 31 to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.
28. 
The first sentence of IPMC Section 602.4 is hereby amended to read as follows:
Indoor occupiable work spaces shall be supplied with heat during the period from January 1 to December 31 to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.
29. 
The following is added to IPMC Section 602 as follows:
602.6 Forced-air heating systems. Any dwelling with a forced-air system shall have a thermostat within each dwelling unit capable of controlling the heating system, and cooling system if provided, to maintain a temperature set point between 55°F (13°C) and 85°F (29°C) at different times of the day. The system shall have a clean air filter installed in accordance with manufacturer specifications at each change in tenancy and at least annually. This filter shall have a minimum efficiency reporting value of eight (MERV-8) unless the system is not equipped to use a MERV-8 filter.
602.7 Steam and hot water heating systems. In dwellings with heating equipment utilizing steam or hot water with a temperature of 110°F (43°C) or greater, protective covers/barriers shall be installed on and maintained for exposed surfaces of baseboard units, radiators, and piping between radiators.
602.8 Wood stoves. A free-standing wood stove shall have brackets to prevent tip-over. A wood stove manufactured after June 1988 shall have a manufacturer’s label certifying compliance with the emission standard at 4-0 C.F.R. § 60 part AAA. Clearance of 30 inches (76 cm) shall be maintained between combustible materials and a stove with no heat shield. Where a heat shield is present, the clearance between combustible materials and the stove shall be compliant with manufacturer specification for the heat shield.
30. 
The following is added to IPMC Section 603 as follows:
603.1.1 Equipment located in attached garage. Heating and air conditioning system ductwork and air handling units located in an attached garage shall be insulated and sealed. There shall be no supply or return vent openings in a garage that connect to air handlers serving habitable spaces.
603.1.2 Equipment access. In multifamily buildings, equipment rooms shall be locked.
603.7 Moisture prevention. Cold HVAC and plumbing components and systems (e.g., chilled-water pipes and valves, refrigerant piping, and valves) in readily accessible locations shall be sufficiently and continuously insulated to keep the temperature of their surfaces at least 10°F (4°C) above the dew point of the surrounding air.
31. 
The following is added to IPMC Section 605 as follows:
605.2.1 Ground fault circuit interrupters. Every kitchen shall contain at least one receptacle outlet with a ground fault circuit interrupter (GFCI). Receptacle outlets in garages, crawl spaces, unfinished basements, and outdoors shall be protected by GFCIs.
605.3.1 Switches. Light switches that control ceiling- or wall-type electric light fixtures shall be located conveniently.
32. 
Section IPMC 702.4 is amended to read as follows:
702.4 Emergency escape openings. Required emergency escape openings shall comply with the following: Every sleeping room, including sleeping rooms located in basements, shall have at least one openable emergency escape and rescue opening. The opening shall have a minimum net clear opening width of 20 inches (508 mm) and the minimum net clear opening height shall be 24 inches (610 mm). The opening shall be a minimum of 5.7 square feet with the finished sill height a maximum of 44 inches (1118 mm) measured from the finished floor to the bottom of the clear opening. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools or special knowledge. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with these requirements and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
Exception: Structures in existence at the time of the adoption of this code may have their existing use continue without change, if such use was legal at the time of the adoption of this code, provided such continued use is not dangerous to life as deemed by the code official.
33. 
The following is added to IPMC Section 704 as follows:
704.2.5 Response to alarms. In the event a smoke alarm sounds, the cause of the alarm condition shall be identified and corrected.
704.2.6 Long-lasting batteries. Battery-operated alarms and the battery backup for hardwired alarms shall be powered with long-lasting non-alkaline batteries.
704.3 Fire Extinguisher. Fire extinguishers shall be rated Class ABC and shall be readily accessible.
704.3.1 Multifamily housing. In multifamily housing, there shall be portable fire extinguishers in common areas on each floor of multifamily housing and in areas where flammable or combustible liquids are stored, used, or dispensed. These fire extinguishers shall be placed in conspicuous, unobstructed locations that are not obscured from view.
704.4 Storage. Storage space for flammable and combustible liquids shall be provided in a building separate from the dwelling’s habitable space or in an adjacent space that is not connected to the dwelling’s ventilation system.
34. 
A new section – IPMC Section 705 – is added as follows:
SECTION 705 CARBON MONOXIDE
705.1 General. Every dwelling unit shall have at least one functioning carbon monoxide (CO) alarm on every habitable floor and outside each separate sleeping area in the immediate vicinity of the bedroom. In the event a CO alarm sounds, the cause of the alarm condition shall be identified and corrected.
705.2 Long-lasting batteries. Battery-operated alarms and the battery backup for hardwired alarms shall be powered with long-lasting non-alkaline batteries.
705.3 Visual notification. Alternative visual notification shall be provided for hearing-impaired occupants.
35. 
IPMC Chapter 8 is retitled “Chemical and Radiological Agents.”
36. 
A new section – IPMC Section 801 – is added as follows:
SECTION 801 GENERAL
801.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for management of chemical and radiological agents during maintenance of dwellings, premises, and accessory structures including but not limited to deteriorated lead-based paint, friable asbestos-containing material, formaldehyde, radon, pesticides, methamphetamine, and carbon monoxide.
801.2 General Requirements. The owner of the structure shall be responsible for containing, storing, removing, or mitigating the presence of chemical or radiological agents in a safe and healthy manner consistent with federal, state and local laws and regulations. When an applicable regulatory limit is more protective than the level included in this section, the more restrictive limit shall apply.
801.3 Use of Chemical Agents. The owner will provide occupants with at least 48 hours’ advance notice of planned use of a pesticide or herbicide, the date and locations of application, and a copy of the warning label.
37. 
A new section – IPMC Section 802 – is added as follows:
SECTION 802 LEAD-BASED PAINT
802.1 General. All interior and exterior surfaces of any dwelling or dwelling unit shall not contain lead-based paint so as not to pose a threat to the health, safety or welfare of residents. Lead-based paint shall not be applied to the interior or exterior surface of any dwelling or dwelling unit.
802.2 Lead-based paint hazard levels. Lead-based paint hazard levels are regulated by the Washington State Department of Commerce.
802.3 Deteriorated paint. All painted surfaces shall be maintained intact. Deteriorated paint at a property built before 1978 shall be repaired in accordance with the requirements of the Washington State Department of Commerce.
802.4 Renovation, repair and painting work. All renovation, repair and painting work that disturbs a painted surface in a pre-1978 dwelling, shall be performed in accordance with the requirements of the Washington State Department of Commerce.
38. 
A new section – IPMC Section 803 – is added as follows:
SECTION 803 ASBESTOS
803.1 General. Every owner shall maintain in good repair all asbestos-containing material on the premises. All asbestos-containing material shall be maintained non-friable and free from any defects such as holes, cracks, tears, and/or looseness that may allow the release of fibers into the environment.
803.2 Friable asbestos. All friable asbestos-containing materials shall be abated by licensed asbestos professionals in accordance with the requirements of the Washington State Department of Labor and Industries.
803.3 Renovation. Any renovation, demolition, or other activity that will disturb asbestos-containing materials shall be preceded by an asbestos abatement in accordance with the requirements of the Washington State Department of Labor and Industries.
803.4 Asbestos Abatement. Abatement, removal and disposal of all asbestos-containing materials shall comply with all requirements of the Washington State Department of Labor and Industries.
39. 
A new section – IPMC Section 804 – is added as follows:
SECTION 804 TOXIC SUBSTANCES IN BUILDING MATERIALS
804.1 Building Materials. Building materials consisting of hardwood plywood, medium-density fiberboard, and particleboard as defined by 15 U.S.C. 2697(b)(2) shall not be used in maintenance and renovations within dwellings, unless the materials have been certified to meet the formaldehyde emission standards of 15 U.S.C. 2697(b)(2):
1. 
Hardwood plywood with a veneer core, 0.05 parts per million (ppm);
2. 
Hardwood plywood with a composite core, 0.05 ppm;
3. 
Medium-density fiberboard, 0.11 ppm;
4. 
Thin medium-density fiberboard, 0.13 ppm; and
5. 
Particleboard, 0.09 ppm.
804.2 Volatile Organic Compounds (VOC). Building materials used in maintenance and renovations, including but not limited to paints, coatings, primers, glues, resins, adhesives, and floor coverings, shall be certified as having no volatile organic chemicals (VOCs) or low VOC emissions, and having no halogenated flame retardants (HFRs).
40. 
A new section – IPMC Section 805 – is added as follows:
SECTION 805 RADON
805.1 General. Radon present at levels at or above the EPA action level of four picocuries radon per liter of air (pCI/L) in the lowest habitable level of the dwelling shall be deemed hazardous. Radon levels shall be determined by an approved testing method in accordance with state and local requirements. Radon levels exceeding 4 pCi/L shall be mitigated by a qualified radon mitigation professional who meets state and local requirements. If there are no state or local requirements qualifying radon testing and mitigation professionals, radon testing and mitigation shall be performed by a professional certified by a national private-sector radon proficiency program.
41. 
A new section – IPMC Section 806 – is added as follows:
SECTION 806 PESTICIDES
806.1 General. Pesticides shall only be used in accordance with integrated pest management methods using the least-toxic pesticide with demonstrated efficacy for the identified pest.
806.2 Pesticide application. Pesticides shall be applied only in areas and at concentrations which comply with manufacturer specifications. When it is determined by an approved method that a hazardous amount of a pesticide has been applied in a location or at a concentration contrary to manufacturer specifications, the hazard shall be immediately mitigated.
806.3 Storage. Pesticides shall be stored and disposed in accordance with manufacturer specifications.
42. 
A new section – IPMC Section 807 – is added as follows:
SECTION 807 METHAMPHETAMINE
807.1 General. A dwelling that has been used for methamphetamine manufacture shall be vacated until certified by Public Health Seattle/King County as safe from hazardous materials related to the methamphetamine manufacturing process.
43. 
A new section – IPMC Section 808 – is added as follows:
SECTION 808 SMOKING IN MULTIFAMILY HOUSING
808.1 Smoke-free Policies. Tenants and prospective tenants shall be informed in writing of any applicable smoke-free policy and the location of designated smoke-free and smoking areas. Signs shall be posted in all designated areas.
44. 
IPMC Chapter 8, “Referenced Standards,” is hereby designated as Chapter 9.
45. 
References to "International Plumbing Code" and "International Zoning Code" that appear in the index of Chapter 9, “Referenced Standards,” are hereby deleted.
46. 
IPMC Appendix A, “Boarding Standard,” is hereby adopted.
(Ord. 2481 § 2, 2015; Ord. 2549 § 11, 2017)
A. 
All vacant buildings, structures and premises, and all vacant land, shall be maintained in a clean, safe, secure and sanitary condition as required by the International Property Maintenance Code.
B. 
Definitions.
As used in TMC Chapter 8.28, the following definitions shall have the meanings set forth below:
1. 
"Abandoned premises"
means buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly becomes unprotected or unsecured, or which have structural collapse or fire spread to adjacent properties.
2. 
"Boarded"
means covering of all entry points, including all doors and windows, with plywood or other materials for the purpose of preventing entry into the building by persons or animals.
3. 
"Chronic nuisance building or premises"
means a vacant nuisance building or vacant nuisance premises that has been abated but is not maintained free from violations for at least one year following abatement.
4. 
"Code official"
means the Building Official or designated Code Enforcement Officer.
5. 
"IBC"
means International Building Code.
6. 
"IPMC"
means International Property Maintenance Code.
7. 
"Vacant building"
means a building or structure that has not been occupied for over 30 days.
8. 
"Vacant nuisance building"
means a building, structure or portion thereof that is vacant and exists with any one or more of the following conditions:
a. 
Unsecured against entry;
b. 
Old, dilapidated or has become so out of repair as to be dangerous, unsafe, and unsanitary or otherwise unfit for human habitation or occupancy;
c. 
Condemned by the Code Official;
d. 
Vacant for over 30 days, during which time the Code Official has issued an order to correct the public nuisance violations and those violations have not been corrected;
e. 
Not monitored and maintained in accordance with the IPMC;
f. 
Incomplete construction whereby the building permit has expired and the construction project has been abandoned for more than 30 days;
g. 
An abandoned premises as defined in this section.
9. 
"Vacant nuisance premises"
means the exterior premises of a vacant building, or vacant land that harbors junk vehicles, accumulation of rubbish or garbage, overgrown weeds, noxious weeds, unmaintained plant material and landscaping, or other violation of the IPMC for over 30 days, during which time the Code Official has issued an order to correct the public nuisance violations and those violations have not been corrected.
C. 
Authority to Inspect.
Whenever the Code Official has reason to believe that a premise or a building is vacant, the Code Official may inspect the premises and/or the building and surrounding premises.
D. 
Declaration of Nuisance.
Abandoned premises, chronic nuisance buildings or premises, vacant nuisance buildings, and vacant nuisance properties are found and declared to be public nuisances.
(Ord. 2396 § 1, 2013; Ord. 2549 § 12, 2017)
Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the City, is declared to be a nuisance.
(Ord. 1837 § 2 (part), 1998)
A. 
Definitions.
1. 
"Recreational vehicle"
means travel trailer, motorhome, fifth-wheel trailer, or similar vehicles used for temporary accommodations while traveling. “Recreational vehicles” also includes boats, personal watercraft, snowmobiles and the like.
2. 
"Occupied as a dwelling unit"
means used for sleeping, cooking, eating or bathing for longer than two weeks in any six-month period.
B. 
Recreational vehicles may not be occupied as a dwelling unit in any zone, except when parked in a licensed mobile home park.
(Ord. 2396 § 2, 2013; Ord. 2494 § 17, 2016)
All disorderly houses, houses of prostitution, or houses or premises kept or resorted to for the purposes of prostitution or lewdness, and all houses, premises, rooms, booths or other structures used as places where people are employed for the purpose of prostitution, or in which people solicit, practice or carry on the business of prostitution, or in which the solicitation of drinks of intoxicating liquors or reputed intoxicants by patrons or employees for their own consumption is regularly and customarily permitted, or in which any drugs are being illegally kept, illegally sold, or illegally consumed are declared to be nuisances.
(Ord. 1837 § 2 (part), 1998)
Any premises, place or business establishment where drunkenness, fighting or breaches of the peace are carried on or permitted or tolerated, or where loud noises are carried on or permitted in such a way as to disturb the peace and tranquility of the neighborhood is declared to be a nuisance.
(Ord. 1837 § 2 (part), 1998)
Any building, room or rooms, place or places in the City kept or maintained in which intoxicating liquors are sold or given away contrary to law, or in which such liquors are kept or harbored for the evident purpose of selling or giving away the same contrary to law, or where persons are permitted to resort for the purpose of drinking intoxicating liquors, or where intoxicating liquors are kept for the purpose of inducing people to resort to buy or receive intoxicating liquors in violation of law is declared to be a nuisance.
(Ord. 1837 § 2 (part), 1998)
In addition to the foregoing, it constitutes a nuisance for anyone to fail to maintain landscaping, including but not limited to lawns, shrubs, trees and other plantings, whether of native growth or domestic vegetation in commercial, manufacturing or industrial, or multiple dwelling residential areas of the City; and it is a nuisance to fail to maintain any landscaping as designated in the landscaping and maintenance plan required before occupancy.
(Ord. 1837 § 2 (part), 1998; Ord. 2372 § 1, 2012)