Chapter 15.04
BUILDING CODES*
Sections:
15.04.010 Adoption of referenced codes.
15.04.020 General requirements for all referenced codes.
15.04.030 Conflict between codes.
15.04.040 Design requirements.
15.04.050 Submittal documents.
15.04.080 Expiration of permits.
15.04.100 Building permit fees.
15.04.110 Investigation fees – Work without a permit.
15.04.130 Dangerous buildings.
15.04.140 Violation – Misdemeanor.
* Prior legislation: Ords. 2210, 2211, 2213, 2438, 2439, 2440 and 2539.
15.04.010 Adoption of referenced codes.
The city of Blaine hereby adopts the following codes as amended by the Washington State Building Code Council pursuant to RCW 19.27.031 for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties:
A. 1. The International Building Code published by the International Code Council, Inc. (IBC), as contained in Chapter 51-50 WAC. The following appendix is specifically adopted:
a. Appendix H, Signs.
i. Exemptions. The following signs are exempt from the requirements to obtain a building permit:
(A) The changing of the advertising copy on a painted or printed sign, theater marquees, and similar signs specifically designed for the use of replaceable copy.
(B) Signs painted on buildings, fences, or walls.
(C) Signs supported by a building or structure that are less than or equal to 32 square feet; nonilluminated; and project less than or equal to three feet from the building or structure base.
(D) Pole or ground signs that are less than seven feet from the base to the highest point.
(E) Signs installed by transportation authorities.
The exemptions described in the section above shall not be construed as relieving the owner of the sign from the responsibility of its installation; maintenance; and compliance with all other local, state, and federal codes, as applicable.
ii. Signs shall be designed and constructed to comply with the provisions of this code for use of materials, loads, and stresses.
Exception: Where Chapter 17, Special Inspections and Tests, requires periodic special inspections for all post-installed concrete anchors, installation of signs utilizing these types of anchors will be considered minor in nature and not require periodic special inspections when acting primarily in shear and utilizing less than 50 percent of the allowable loading when tested in accordance with ACI 318.
iii. Engineering. Submittal documents must include structural drawings and structural calculations stamped and signed by a Washington State licensed engineer.
Exception. Engineering is not required for wall signs mounted flush against the wall with anchorage that can easily be verified as accurate.
b. Appendix I, Patio Covers.
2. The International Residential Code published by the International Code Council, Inc. (IRC), as contained in Chapter 51-51 WAC. The following appendices are specifically adopted:
a. Appendix A (IFGC), Sizing and Capacities of Gas Piping.
b. Appendix B (IFGC), Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use and Type B Vents.
c. Appendix C, Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems.
d. Appendix F, Radon Control Methods.
e. Appendix H, Patio Covers.
f. Appendix J, Existing Buildings and Structures.
B. The International Mechanical Code published by the International Code Council, Inc. (IMC), as contained in Chapter 51-52 WAC, except that the standards for liquefied petroleum gas installations shall be the 2004 Edition of NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and 2006 Edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code).
C. Except as provided in RCW 19.27.170, the Uniform Plumbing Code (UPC) and Uniform Plumbing Code Standards, as contained in Chapters 51-56 WAC, published by the International Association of Plumbing and Mechanical Officials; provided, that any provisions of such code affecting sewers or fuel gas piping are not adopted; and the rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160.
D. The National Fuel Gas Code (NFPA 54) for LP Gas and Liquefied Petroleum Gas Code (NFPA 58), as adopted.
In case of conflict among the codes enumerated in subsections (A), (B), (C), and (D) of this section, the first named code shall govern over those following.
E. The ECC/Washington State Energy Code, current edition, as adopted by Washington State as contained in Chapters 51-11C and 51-11R WAC.
F. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials, Whittier, California. (Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)
15.04.020 General requirements for all referenced codes.
Reserved. (Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)
15.04.030 Conflict between codes.
Whenever there is a conflict between a referenced code in BMC 15.04.010 and the general requirements contained in this section, the general requirements shall apply.
All references to the Uniform Building Code (UBC) which may exist in the Blaine Municipal Code shall be interpreted to refer to the International Codes as currently adopted by the state of Washington. (Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)
15.04.040 Design requirements.
|
Ground Snow Load* |
Wind Design |
Seismic Design Category |
|||
|---|---|---|---|---|---|
|
Speed (MPH) |
Topographical Effects |
Special Wind Region |
Wind-Borne Debris Zone |
||
|
20 psf |
110 |
NO |
NO |
NO |
D1 |
|
Subject to Damage From |
Winter Design Temp. |
Ice Barrier Underlayment Required |
Flood Hazards |
Air Freezing Index |
Mean Annual Temp. |
||
|---|---|---|---|---|---|---|---|
|
Weathering |
Frost Line Depth |
Termites |
|||||
|
Moderate |
18 inches |
Slight to moderate |
22 degrees |
NO |
BMC 17.86.040 |
1,500 |
51 degrees |
* Minimum roof snow load to be 25 lbs/square foot.
(Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004)
15.04.050 Submittal documents.
Each application for a permit shall include construction documents, special inspections, structural observation programs, and other information as required by city of Blaine city submittal checklists. These plans and specifications shall be prepared, signed and sealed by an architect licensed by the state of Washington under Chapters 18.08 and 18.43 RCW and Chapter 308-12 WAC.
A. Exceptions: Nothing contained above shall be held or construed to have any application to or prevent or affect the following:
1. Group B, F1, F2, M, S1 and S2 occupancies not exceeding two stories and 4,000 square feet total area may be prepared, signed and sealed by a professional engineer licensed by the state of Washington under Chapter 18.43 RCW.
2. Farm buildings, out buildings, or auxiliary buildings in connection with residential or farm premises.
3. Group R-3 and U occupancies not exceeding three stories in height above grade.
4. Existing interior tenant improvements, where no change of use or occupancy is occurring, not exceeding a total for the entire tenant space of 1,500 square feet for existing A, B, E, F1, F2, M, S1, and S2 occupancies.
5. Minor work at the discretion of the building official.
B. For buildings or structures, not principally architectural, the design of which involves principally engineering considerations, the plans and specifications may be prepared, signed and sealed by a professional engineer licensed by the state of Washington under Chapter 18.43 RCW and qualified in the engineering specialty involved. (Ord. 2938 § 1 (Att. A), 2019)
15.04.060 Permits.
No building or other structure shall be erected, moved, added to or altered without a permit issued by the building official. No building permit shall be issued except in conformity with the provisions of the Blaine Municipal Code.
A. Work Exempt from Permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
1. One-story detached accessory structures; provided, that the floor area does not exceed 200 square feet for one- and two-family dwellings. For all other primary structures, the floor area of the one-story detached accessory structure shall not exceed 120 square feet.
2. Fences that are less than or equal to seven feet high.
3. Retaining walls that are less than or equal to four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one.
5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
6. Prefabricated swimming pools that are less than 52 inches in depth.
7. Swings and other playground equipment installed as accessory to a one- or two-family dwelling.
8. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.
9. Decks not exceeding 200 square feet in area that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
10. In-kind reroofing of one- and two-family dwellings provided roof sheathing is not removed or replaced.
11. Window, door, and siding repair or replacement of one- and two-family dwellings provided no openings are enlarged.
12. Prefabricated steel racking or shelving built in compliance with RMI specifications not exceeding eight feet in height.
13. Unmanned public transit centers, 120 square feet or less and not exceeding 15 feet in height, open on at least one side for the entire length of the structure, only when located in rights-of-way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls, or when located in a public alley.
14. Below grade, nonoccupied vault utilized in the maintenance of a public or private entity, only when located in rights-of-way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls, or when located in public alleys. (Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2728 § 2 (Exh. A), 2009; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.070)
15.04.070 Ownership.
The property owner shall be the owner of a Blaine building permit. An agent for the owner must provide written authorization from the owner before the city will accept a building permit application. (Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.080)
15.04.080 Expiration of permits.
All permits shall expire by limitation and be declared void if (A) work is not started within 180 days of obtaining a permit, or (B) work is abandoned for 180 days or more after beginning work, or (C) after two years from the date of permit issuance, regardless of whether the work is finished. If a permit is expired for time, a new permit may be issued at the discretion of the building official upon payment of a reactivation fee as listed in the city of Blaine uniform fee schedule. (Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.090)
15.04.090 Referenced codes.
All referenced codes are available for review at the city of Blaine community development office. (Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.100)
15.04.100 Building permit fees.
All Blaine permit fees shall be established by a city of Blaine resolution and may be found in the uniform fee schedule, updated on an annual basis.
A. Project Valuation. The applicant for a permit shall provide an estimated project value at the time of application. Project valuations shall include the total value of the work, including materials and labor, for which the permit is being issued. The project valuation shall be set by the building official. The valuation shall be based on the most recent building valuation data, square foot construction costs, published by the International Code Council or the actual value of the work, whichever is higher.
B. Plan Review Fee. The plan review fee shall be a minimum of 65 percent of the total building permit fee. (Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.110)
15.04.110 Investigation fees – Work without a permit.
A. 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.
B. 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 fee set forth in the city of Blaine uniform fee schedule. This fee is an additional, punitive fee and shall not apply to any Blaine grading or building 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 Blaine permit for continued development of that project. If the work done remains illegal for 90 days after service of the stop work order, it shall be considered hazardous.
C. 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. (Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.120)
15.04.120 Fee refunds.
A. 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.
B. 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. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.130)
15.04.130 Dangerous buildings.
Add additional definitions of a dangerous building:
19. Drug Properties and Structures. It is hereby declared that any building, structure and/or associated property, identified by the City of Blaine Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public, such building, structure and/or associated property is not only a dangerous property as defined by the City of Blaine but is also a classification of property calling for the special procedures set forth in this section. The Building Official is authorized to abate such dangerous buildings, structures, and/or associated properties in accordance with the dangerous building procedures set forth in this code and Washington statute, RCW 64.44.010, with the following modifications:
19.1. Due to public safety hazard in drug production facilities, the utilities shall be disconnected;
19.2. Building(s) and structures shall be inspected to determine compliance with all city ordinances and codes;
19.3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code;
19.4. No reconnection of utilities or occupancy of the building(s), structures or property shall be allowed until all violations have been successfully addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriff’s office; and
19.5. If dangerous conditions cannot be abated, occupancy shall be prohibited. Resolution of said property shall be in conformance with RCW 35.80A.010, Condemnation of blighted property.
20. Blighted Property. In conformance with RCW 35.80A.010, the City of Blaine may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. A “blight on the surrounding neighborhood” is any property, dwelling, building, or structure that meets any two of the following factors:
20.1 If a dwelling, building, or structure exists on the property, the dwelling, building, or structure has not been lawfully occupied for a period of one year or more;
20.2 The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the City of Blaine or the designee of the executive authority; or
20.3 The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. Prior to such condemnation, the City of Blaine City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use.
(Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.200)
15.04.140 Violation – Misdemeanor.
Any person who violates or fails to comply with any of the provisions of this chapter, or who violates or fails to comply with any city order, or who builds in violation of any detailed statement of specifications or plans submitted and approved by the city, or by a court of competent jurisdiction, within the time fixed therein, is for each and every violation or failure to comply guilty of a misdemeanor. The imposition of a criminal penalty shall not excuse the violation or permit it to continue and shall not be held to prevent the enforced removal of prohibited conditions. Violation fees shall be contained in the uniform fee schedule. (Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.220)
15.04.150 Appeals.
All appeals of any building official decision, order or determination relative to the application and interpretation of this chapter shall be made in conformance with BMC 17.06.180. (Ord. 2938 § 1 (Att. A), 2019; Ord. 2859 § 1 (Exh. A), 2014; Ord. 2671 § 2, 2007; Ord. 2581 § 2, 2004. Formerly 15.04.230)