Chapter 15.03
INTERNATIONAL BUILDING CODE
Sections:
15.03.010 Conflict between codes.
15.03.020 Design requirements.
15.03.030 Building permit classification.
15.03.045 Professional preparation of plans.
15.03.090 Floodplain development.
15.03.010 Conflict between codes.
Whenever there is a conflict between a referenced code in Chapter 15.01 AHMC and the general requirements contained in this chapter, the general requirements shall apply. (Ord. C-800 § 16, 2013)
15.03.020 Design requirements.
Ground Snow Load*: 39 lbs/ft2
Wind Speed (Gust): 85 mph
Seismic Design Category: C
Weathering: Severe
Frost Line Depth: 24"
Termites: Slight to Moderate
Decay: None to Slight
Winter Design Temp.: 10°
Ice Shield Underlay: Yes
Flood Hazards: None
Air Freeze Index: 1232
Mean Annual Temp.: 47.2°
* Minimum roof snow load to be 30 lbs/ft2 in the City of Airway Heights.
(Ord. C-800 § 17, 2013)
15.03.030 Building permit classification.
A. Phased Approval – Intent. Phased approval as provided for in Section 107.3.3 of the IBC allows the Building Official to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted; provided, that adequate information and detailed statements have been filed complying with pertinent requirements of this code. Generally, such approvals will only be granted during inclement weather or emergency situations; however, other special circumstances may arise under which phased approval may be granted. While phased approval is intended to facilitate construction in abnormal situations beyond the control of the owner/builder where time is of the essence, it is not intended to facilitate or expedite the review and approval of a project by other departments involved in the building permit process. Final approval of a proposed project by all applicable departments must be obtained prior to issuance of a phased approval permit. If applicable, State Environmental Policy Act (Chapter 197-11 WAC) requirements must also be met. All requests for a phased approval must be in writing, must detail the reasons for the request, and must be approved by the Building Official. Approvals will normally only be granted for the footing/foundation/slab portion of a structure after a complete set(s) of building plans has been submitted and the department has approved the footing/foundation portion. Pursuant to Section 107.3.3 of the IBC, the holder of such phased approval permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk without assurance that a permit for the entire building or structure will be granted. Completion of the plan review, payment of all fees as per AHMC 15.08.020(B) and issuance of the building permit for the structure is required prior to any further construction. Pursuant to AHMC 15.02.010, the Building Official may administratively develop procedures that modify these provisions.
B. Change of Use. In addition to the requirements of Section 111.1 of the IBC, a certificate of occupancy may be required and a change in use deemed to have occurred when the occupancy or use of a building has changed to the extent that different zoning or other Airway Heights Municipal Code requirements such as, but not limited to, parking standards, ASA overlay zone requirements, stormwater drainage requirements, etc., apply. In order to make a determination as to whether the new use will be impacted by various codes and ordinances in effect, “change of use” permits will be required for all occupancy/use changes, and will be subject to the existing permit processes. Inspections made for the express purpose of granting a certificate of occupancy will be made as safety inspections and charged at the rate specified in AHMC 15.08.020(C).
C. Demolitions.
1. Every building or structure or portion or remnants thereof remaining after fire, full or partial demolition, acts of nature, explosion, decay, or premature deterioration or other destructive forces which is found to be in noncompliance with the site cleanup requirements specified in subsections (C)(3)(a) through (h) of this section shall be brought into compliance with these requirements, as applicable, within 60 days of written notice (certified mail) or those responsible for such buildings or structures shall obtain permits necessary for reconstruction within 60 days of such notice.
2. All buildings under demolition or remnants of buildings as mentioned in subsection (C)(1) of this section shall have the site posted with no trespassing signs and otherwise protected from unauthorized access by the public.
3. Permits for demolishing structures and buildings shall be conditioned as follows:
a. Remove all floors, foundations, footings, basement and retaining walls to a minimum of 18 inches below grade, or as otherwise required;
b. Fill excavations and other cavities with noncombustible, inorganic material smaller than eight inches and cover with dirt or gravel so that broken concrete is not left exposed;
c. Remove all sewage from existing cavities and fill with earth, sand, gravel, or other approved material;
d. Fill wells with gravel and rocks no larger than eight inches or install a concrete cap (lined wells only) of sufficient size and weight that it cannot easily be removed;
e. Grade site so that surface is smooth and properly sloped for required drainage. Grading shall conform to existing neighboring grades on all sides;
f. During demolition, water shall be used to control and reduce dust and its impact on neighboring properties;
g. The site shall be left clean and in a safe condition, and in a properly graded condition subject to approval by the Building Official; and
h. When demolition has been completed, the department shall be contacted, pursuant to Section 110.1 of the IBC, to inspect the site to ascertain compliance with this chapter. The fee for a demolition permit issued pursuant to Section 105 of the IBC shall be as specified in AHMC 15.08.020(D). (Ord. C-800 § 18, 2013)
15.03.040 Construction plans.
All submitted construction documents must be of sufficient detail to show the entire project with emphasis on the following:
A. Structural integrity;
B. Life safety;
C. Architectural barriers (ADA handicap compliance);
D. Compliance with all codes having jurisdiction;
E. Scope of work;
F. Special inspection requirements and protocols;
G. Deferred submittal schedule.
In general, the amount of detail required will vary, depending on the nature and complexity of the project. (Ord. C-800 § 19, 2013)
15.03.045 Professional preparation of plans.
The City of Airway Heights shall require a Washington licensed design professional, licensed under the provisions of Chapter 18.08 or 18.43 RCW or Chapter 308-12 WAC, to prepare or oversee the preparation of plans for any commercial building or structure, any building or structure containing five or more residential dwelling units, or doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs to a building of any occupancy over 4,000 square feet of construction. Plans that are not designed to prescriptive methods shall require a design prepared and stamped by an engineer licensed by the state of Washington. (Ord. C-800 § 20, 2013)
15.03.050 Permits.
A. Ownership. The ownership of a City of Airway Heights building, mechanical or plumbing permit inures to the property owner. The permit applicant is, by definition, an agent of the property owner if not the property owner.
B. Expiration of Permits. All permits shall expire by limitation and be declared void if:
1. Work is not started within 180 days of obtaining a permit; or
2. Work is abandoned for 180 days or more after beginning work; or
3. After two years from the date of permit issuance, regardless of whether the work is finished.
C. For purposes of this section, “work” shall be defined as a valid call for inspection. A valid call for inspection shall be defined as a portion of work:
1. Being complete;
2. Being ready for inspection;
3. Being inspected by the Building Official and noted as “approved” by the Building Official.
D. If a permit is expired for time, a new permit may be obtained for a permit fee based on the valuation of the remainder of the work to be completed under the original permit. (Ord. C-800 § 21, 2013)
15.03.060 Referenced codes.
All referenced codes are available for review at the City of Airway Heights Building Department. (Ord. C-800 § 22, 2013)
15.03.070 Fees.
All City of Airway Heights associated building, mechanical or plumbing permit fees shall be determined by the most recent City fee resolution.
A. Investigation Fees – Work without a Permit.
1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum set forth in the most recent City fee resolution. This fee is an additional, punitive fee and shall not apply to any City of Airway Heights permit fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a City of Airway Heights permit for continued development of that project. If the work done continues to be illegal for 90 days after service of the stop work order, it shall be considered hazardous.
3. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
B. Fee Refunds. The Building Official may authorize the refunding of:
1. One hundred percent of any fee erroneously paid or collected.
2. Up to 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
3. Up to 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. (Ord. C-800 § 23, 2013)
15.03.080 Enforcement.
A. Hearing Examiner – Appointment. The Mayor shall nominate and the City Council shall confirm one or more Hearing Examiners to hear appeals relating to the interpretation and/or enforcement of this chapter. The Hearing Examiner shall be qualified by experience and training to decide matters pertaining to building construction. The Hearing Examiner shall not be a City employee or an employee of the City Attorney’s office. Contracts may be entered into by the person to act as Hearing Examiner, to be compensated as shall be provided therein and paid out of money made available and budgeted therefor.
B. Removal. The Hearing Examiner may be removed from office at any time for just cause by an affirmative vote of a majority of the whole membership of the City Council.
C. Hearing Examiner – Powers and Duties.
1. A Hearing Examiner shall hear all appeals taken from the administration of this chapter. The Hearing Examiner has no authority to waive requirements of the building code.
2. The Hearing Examiner shall prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. The rules of a hearing will provide for the taking of sworn testimony and rebuttal, and may authorize the Hearing Examiner to limit the time allowed parties testifying on an equal basis and time limits on rebuttal. Cross-examination of witnesses may be allowed by the Hearing Examiner. The rules will be approved by the City Council.
3. The Hearing Examiner shall receive and examine available information, administer oaths and affirmations, examine witnesses, rule upon offers of proof, and conduct public hearings and prepare a record thereof. The Hearing Examiner shall hear evidence presented by the City Attorney and/or the Building Official. The Hearing Examiner shall likewise hear evidence presented by the person appealing the decision or interpretation. The Hearing Examiner shall give substantial weight to the Building Official’s decision/interpretation and shall substitute his/her judgment only upon showing by the appellant that the Building Official’s decision/interpretation is arbitrary and capricious or clearly erroneous. Formal rules of evidence need not be followed but witnesses shall be sworn by the Hearing Examiner and a written order issued.
D. Appeal Procedure.
1. All appeals shall be filed in writing with the Building Official or other such agency as the City may designate. All appeals must be filed within 14 calendar days of the date of the issuance of the citation, decision or interpretation.
2. All appeals shall be based on a claim that the true intent of the building code or the rules adopted thereunder have been incorrectly interpreted, the provisions of the building code do not fully apply or an equally good or better form of construction is proposed.
3. All appeals to the Hearing Examiner shall contain the following:
a. The names of appellants participating in the appeal;
b. A brief statement setting forth the action appealed and a separate and concise statement of the error alleged to have been committed by the Building Official, and a concise statement of facts upon which the appellant relies to sustain the statement of error;
c. The signature of the appellant(s) and accompanying telephone numbers and mailing addresses;
d. Verification, by declaration under penalty of perjury, of at least one appellant of the truth of the matter stated in the appeal. Upon receiving the appeal, the Clerk-Treasurer or their designee shall transmit the same to the designated Hearing Examiner as provided herein.
4. Failure of any person to file a timely appeal or failure of any person who has filed an appeal to attend the scheduled hearing shall constitute a waiver of his or her right to an appeal hearing.
5. A copy of the final order of the Hearing Examiner shall be mailed to the appellant(s) within three working days following the entry of a written order under this section. Unless otherwise stated in the order, such order shall be final and conclusive 14 calendar days from the date of mailing thereof unless any party of record makes application to a court of competent jurisdiction for judicial review and stay of enforcement.
6. Abatement of Immediate Hazard. Whenever a condition, the continued existence of which constitutes an immediate threat to the public health, safety, or welfare or the environment, is found to exist, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.
7. Judicial Abatement. The City may seek a judicial abatement order from the Spokane County Superior Court as deemed necessary to abate a condition which continues to be a violation of this chapter when other methods of remedial action have failed to produce compliance.
8. Settlement of Suits for Collection of Civil Penalties. The Building Official and the City Attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, assign claims to collection agencies, and compromise or otherwise dispose of a lawsuit when to do so would be in the best interest of the City.
9. Liability. Nothing in this chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees, or to relieve the owner or occupant of any private property from the duty to keep their property in a safe and healthy condition. (Ord. C-800 § 24, 2013)
15.03.090 Floodplain development.
The City of Airway Heights is not within a 100-year floodplain. (Ord. C-800 § 25, 2013)