Chapter 15.04 STATE BUILDING CODE

Notwithstanding the provisions of the individual codes adopted by reference in the State Building Code or in EMC 15.04.010 and 15.04.020, all building and construction related permits shall be processed pursuant to the provisions of Chapter 16.01 EMC. [Ord. 501 § 4, 1996.]

15.04.010 State Building Code adopted.

A. Except as otherwise provided in this chapter, the City hereby adopts by reference the most current version of the Washington State Building Code as promulgated and adopted by the Washington Building Code Council in WAC Title 51 pursuant to Chapter 19.27 RCW, as may be amended from time to time, which shall include Chapters 51-04 through 51-56 WAC, as may be amended.

B. The City hereby adopts by reference the Washington State Electrical Code, Chapter 296-46B WAC. [Ord. 793 § 1, 2018; Ord. 681 § 1, 2008; Ord. 437 § 1, 1992; Ord. 329 § 1, 1986; Ord. 327 § 1, 1986; Ord. 287 § 1, 1983.]

15.04.020 Additional codes adopted.

Except as otherwise provided herein, the City of Everson hereby adopts by reference the following building related codes not contained in the State Building Code:

A. Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials;

B. Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials; and

C. Uniform Sign Code, 1997 Edition, published by the International Conference of Building Officials. [Ord. 547 § 1, 1998; Ord. 437 § 2, 1992; Ord. 287 § 2, 1983; Ord. 163 § 2, 1975.]

15.04.030 State Building Code – Violations – Penalties.

Any person who shall violate any of the provisions of this chapter 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 detailed statement of 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 the Board of Adjustment or 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 committing a Class 1 civil infraction. 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 violation(s) or defect(s) within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate infraction. Nothing herein shall prevent the enforced removal of prohibited conditions. [Ord. 555 § 1, 1999; Ord. 547 § 2, 1998; Ord. 437 § 17, 1992.]

15.04.060 Drainage – Restricted.

Roof drains, ground water or open drains shall not be discharged into the City sanitary sewage system. [Ord. 163 § 5, 1982.]

15.04.070 Structures connected to City sewage system – Inspections required.

Where any structure is connected to the City sanitary sewage system and the City water system, the City will require an inspection by the Plumbing Inspector to ensure compliance with any City requirements, prior to a final inspection by the City Building Official. [Ord. 163 § 6, 1982.]

15.04.080 Issuance of building permit – Requirements.

Prior to issuing any building permit, the applicant shall establish to the satisfaction of the Building Official, the following:

A. That the applicant intends to connect to the City sanitary sewer and that approval has been obtained.

B. In the areas within the City limits not serviced by the sanitary sewer system, that approval be obtained from the Whatcom County Health Department for a septic tank.

C. That the applicant has approval for connecting to the City water system.

D. Compliance with zoning, subdivision and all other applicable laws and regulations has been achieved.

E. Adequacy of potable water supply for the intended use of the building, pursuant to the provisions of RCW 19.27.097. [Ord. 501 § 5, 1996; Ord. 163 § 7, 1982.]

15.04.090 Moved buildings regulated – Inspections.

No person shall move any previously occupied building into or within the City limits of Everson unless, prior to moving, the building has been inspected for compliance with this code by the Building Official. The fee of the inspection for a move-in building shall be payable in advance and shall not be refundable. The inspection fee shall be as scheduled in the City’s current master fee schedule adopted by resolution of the City Council. [Ord. 842 § 2, 2023; Ord. 501 § 6, 1996; Ord. 287 § 6, 1983; Ord. 163 § 8, 1975.]

15.04.092 Modular homes – Inspection fee.

Notwithstanding any other provisions of this chapter, the building code, plumbing code, fire code and mechanical code inspection fee for not over three inspections of a modular home installation, meaning a factory-built new structure wholly or serially constructed off site, shall be as scheduled in the city’s current master fee schedule adopted by resolution of the City Council. [Ord. 842 § 2, 2023; Ord. 501 § 7, 1996; Ord. 394 § 1, 1989.]

15.04.094 Manufactured/mobile homes – Inspection fee.

Notwithstanding any other provisions of this chapter or code, the inspection fee for not over three inspections of a manufactured housing or mobile home placement or installation, meaning a factory-built structure not meeting the State Building Code and required by Chapter 19.47 EMC to be placed in a mobile home park, shall be as scheduled in the City’s current master fee schedule adopted by resolution of the City Council. [Ord. 842 § 2, 2023; Ord. 501 § 8, 1996; Ord. 394 § 2, 1989.]

15.04.100 Valuation schedule.

VALUATION SCHEDULE
Type of Structure	$ Per Square Foot
Main floor of new residence	$35.00
Second floor, lofts	$23.00
Basement – Unfinished	$9.00
Basement – Finished	$11.00
Garage – Attached	$11.50
Garage – Detached	$9.00
Carport	$4.00
Storage, utility, workshop	$7.00
Deck, patio, concrete slab	$2.00
House addition	$35.00
Metal pole buildings	$6.00
Single fireplace	$500.00
Double fireplace	$800.00
Foundation	1/10 of valuation of supported structures
Remodel	1/2 of actual market value
Farm buildings	1/2 of actual market value
Structures other than above	1/2 of actual market value

Applicants shall establish market value of structures to the satisfaction of the Building Official upon request. [Ord. 362 § 1, 1988; Ord. 287 § 7, 1983; Ord. 163 § 9, 1975.]

15.04.105 Construction codes – Temporary permit fee waivers.

Repealed by Ord. 678. [Ord. 567 § 1, 2000.]

15.04.110 Uniform Building Code – Interpretation and administration.

Each reference in the Uniform Building Code to “Building Official” shall be deemed to refer to the Building Inspector of the City. Each reference to “legislative body” shall be deemed to refer to the City Council. [Ord. 437 § 3, 1992; Ord. 287 § 8, 1983.]

15.04.120 Uniform Building Code – Amendments.

A. Section 204 of the Uniform Building Code is amended to read as follows:

Sec. 204. Board of Adjustment.

(a) General. The Board of Adjustment appointed pursuant to RCW 35A.63.110, or the City Council, if it sits as the Board of Adjustment, shall have jurisdiction to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code. Appeals shall be in writing and shall be filed with the City Clerk within thirty (30) days of the decision or action complained of. References elsewhere in this code to the “Board of Appeals” shall be deemed to refer to the Board of Adjustment or the City Council, as appropriate. Decisions of the Board and findings in support thereof shall be rendered in writing to the appellant with a duplicate copy to the building official within thirty (30) days of the filing of the appeal.

(b) Limitations of Authority. The Board of Adjustment shall have no authority to waive requirements of this code.

B. Section 308 is hereby added to the Uniform Building Code, which section shall read as follows:

Sec. 308. Deviation from Code – Duty to Disclose. It is unlawful for any Applicant or Owner to submit any application or supporting materials in support of an application for a building permit knowing that the same contains, reflects or depicts a structure or method of construction which, if constructed, materially violates this Code. It is further unlawful for any Applicant or Owner to fail to report in writing to the building official, prior to issuance of the Certificate of Occupancy or the next scheduled inspection, whichever sooner occurs, any material deviation of the project or structure from this Code, the approved plans and specifications, or the Everson Municipal Code, which may be observed or discovered during construction.

[Ord. 437 § 4, 1992; Ord. 287 § 9, 1983; Ord. 163 § 10, 1982.]

15.04.122 Uniform Building Code – Table 18-1-C amended.

Table 18-1-C, Foundations for Stud Bearing Walls – Minimum Requirements, of the Uniform Building Code is hereby amended to provide by footnote 6 to its “Width of Footing (Inches)” column, as follows:

6. Minimum footing width within Area of Special Flood Hazard (see Chapter 15.10 EMC) shall be 24 inches.

[Ord. 603 § 1, 2003.]

15.04.125 Uniform Building Code – Addition to Section 2908 – Pier supports.

Section 2908 of the Uniform Building Code is hereby amended to add subdivision (1), which shall read as follows:

(1) In Group I Occupancies, a one-story wood frame building may be entirely supported on piers without supplying engineering data as required by Section 2908(a), provided construction is structurally adequate and the size of the building does not exceed 200 square feet.

[Ord. 437 § 5, 1992.]

15.04.130 Uniform Building Code – Valuation schedule.

In ascertaining the value of the project for determining the building permit and plan review fee pursuant to Section 304 of the Uniform Building Code, the Building Official shall utilize the value placed on the project by the owner, or the value obtained by application of 100 percent of the average cost per square foot identified in “Building Valuation Data” compiled April, 1991, and published in the Uniform Building Code – Building Standards, March-April, 1991, adopted herein by this reference, or the following schedule, whichever is greater:

Residential Improvement:
Re-roof (nonstructural)	cost
New roof (including structural)	cost
Re-siding	cost
Covered porch, deck, patio	$8.00
Open porch, deck, patio, gazebo	$3.00
Other remodel work	same as for dwelling
Detached Accessory Structures to Residential Use (not otherwise listed):
Storage, wood, play	$8.00
Farm Structures:
Wood or steel framed	$8.00
Concrete block, tilt-up, poured	$10.00
Open bunker silo	$5.00
Foundations:
1/10 of cost of supportable structure (minimum $15.00 residential; $25.00 commercial)
Manufactured housing pad/footing	Flat $30.00

[Ord. 437 § 6, 1992; Ord. 287 § 10, 1983; Ord. 260 § 1, 1982.]

15.04.140 State Building Code – Radon device surcharge – Required.

The building permit fee required by Section 304 of the Uniform Building Code for all new residential construction shall, in addition to all other fees and charges, include a radon measurement device surcharge for each single-family residence and each ground floor unit in a multifamily residential building. [Ord. 441 § 1, 1992.]

15.04.142 State Building Code – Radon device surcharge – Transition provisions.

For building permits issued prior to July 1, 1992, the building inspector shall require, in addition to any building permit fees paid or payable pursuant to Section 304 of the Uniform Building Code, the payment of a radon measurement device surcharge for each single-family residence and each ground floor unit in a multifamily residential building prior to final inspection. [Ord. 441 § 42, 1992.]

15.04.144 State Building Code – Radon device surcharge – Amount.

The radon device surcharge shall be an amount equivalent to the cost incurred by the City, including shipping, to obtain the radon measurement device or devices placed in the applicant’s single-family residence or multifamily residential building. [Ord. 441 § 3, 1992.]

15.04.150 Uniform Building Code – Section 307(a) amended – Certificate of occupancy.

Part (a) of Section 307 of the Uniform Building Code is hereby amended to read as follows:

(a) Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a Certificate of Occupancy therefor as provided herein.

EXCEPTION: Group M Occupancies.

Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances shall not be valid.

[Ord. 488 § 1, 1995.]

15.04.152 Uniform Building Code – Section 307(d) amended – Temporary certificate of occupancy.

Part (d) of Section 307 of the Uniform Building Code is hereby amended to read as follows:

(d) Temporary Certificate. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, he may issue a temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The temporary Conditional Occupancy Permit shall state a reasonable period of time for completion of the work remaining to be accomplished, which shall not be less than two weeks or more than four months.

[Ord. 488 § 2, 1995.]

15.04.154 Temporary certificate of occupancy – Penalty for failure to comply.

In the event the work to be completed pursuant to a temporary certificate of occupancy is not completed within the time stated therein, the building permit holder shall be fined the sum of $250.00, plus $25.00 per day for each day thereafter that the work remains uncompleted and the building or structure remains occupied. [Ord. 488 § 3, 1995.]

15.04.210 Uniform Plumbing Code – Interpretation and administration.

Each reference in the Uniform Plumbing Code to “Administrative Authority” shall be deemed to refer to the Building Inspector of the City. Each reference to “legislative body” shall be deemed to refer to the City Council. [Ord. 437 § 8, 1992; Ord. 403 § 1, 1990.]

15.04.220 Uniform Plumbing Code – Section 20.3 amended – Violation and penalties.

Section 20.3 of the Uniform Plumbing Code is hereby amended to read as follows:

20.3 Any person, firm or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor. Each separate day or any portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful.

The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any certificate of approval when issued in error.

Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty (120) days from date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, PROVIDED no changes have been made, or will be made in the original plans and specifications for such work; AND PROVIDED, FURTHER, that such suspension or abandonment has not exceeded one (1) year.

[Ord. 437 § 9, 1992; Ord. 302 § 30, 1984; Ord. 163 § 163, 1975.]

15.04.230 Uniform Plumbing Code – Amendments.

Section 20.14 of the Uniform Plumbing Code is amended to read as follows:

Sec. 20.14. Board of Adjustment. (a) General. The Board of Adjustment appointed pursuant to RCW 35A.63.110, or the City Council, if it sits as the Board of Adjustment, shall have jurisdiction to hear and decide appeals of orders, decisions or determinations made by the Administrative Authority relative to the application and interpretation of this code. Appeals shall be in writing and shall be filed with the City Clerk within thirty (30) days of the decision or action complained of. References elsewhere in this code to the “Board of Appeals” shall be deemed to refer to the Board of Adjustment or the City Council, as appropriate. Decisions of the Board and findings in support thereof shall be rendered in writing to the appellant with a duplicate copy to the building official within thirty (30) days of the filing of the appeal.

[Ord. 437 § 10, 1992.]

15.04.240 Uniform Plumbing Code – Addition to Section 1007 – Air chambers.

There shall be added to Section 1007 of the Uniform Plumbing Code a new subdivision (h) which shall read as follows:

Air Chambers Required. At least one (1) twelve (12") inch vertical air chamber of the same diameter as the water distribution piping shall be installed on each hot and cold water distribution line. Additional air chambers shall be installed as required by the plumbing inspector.

[Ord. 437 § 11, 1992; Ord. 287 § 12, 1983.]

15.04.310 Uniform Mechanical Code – Interpretation and administration.

Each reference in the Uniform Mechanical Code to “Building Official” shall be deemed to refer to the Building Inspector of the City. Each reference to “legislative body” shall be deemed to refer to the City Council. [Ord. 437 § 12, 1992.]

15.04.320 Reserved.

[Ord. 692 § 9, 2009.]

15.04.410 Uniform Fire Code – Interpretation and administration.

A. Each reference in Sections 2.101, 9.105 and elsewhere in the Uniform Fire Code to “Chief” shall be deemed to refer to the Building Inspector of the City for code enforcement purposes, and to the Chief of Whatcom County Fire Prevention District No. 1 pursuant to lnterlocal agreement for fire suppression purposes.

B. Each reference in Section 2.104 and elsewhere in the Uniform Fire Code to the “Chief of the Bureau of Fire Prevention” shall be held to mean the “Fire Marshal” and shall be deemed to refer to the Whatcom County Sheriff pursuant to interlocal agreement. [Ord. 437 § 14, 1992.]

15.04.420 Uniform Fire Code – Amendments.

A. Section 2.303 of the Uniform Fire Code is amended to read as follows:

Sec. 2.303 Board of Adjustment. The Board of Adjustment appointed pursuant to RCW 35A.63.110, or the City Council, if it sits as the Board of Adjustment, shall have jurisdiction to hear and decide appeals of orders, decisions or determinations made by the chief relative to the application and interpretation of this code. Appeals shall be in writing and shall be filed with the City Clerk within thirty (30) days of the decision or action complained of. References elsewhere in this code to the “Board of Appeals” shall be deemed to refer to the Board of Adjustment or the City Council, as appropriate. Decisions of the Board and findings in support thereof shall be rendered in writing to the appellant with a duplicate copy to the building official within thirty (30) days of the filing of the appeal.

B. Section 2.110 is hereby added to the Uniform Fire Code, which section shall read as follows:

Sec. 2.110 Deviation from Code – Duty to Disclose. It is unlawful for any Applicant or owner to submit any application or supporting materials in support of an application for a under the state building code knowing that the same contains, reflects or depicts a method or use of materials of construction which, if constructed, materially violates this Code. It is further unlawful for any Applicant or Owner to fail to report in writing to the building official, prior to issuance of the Certificate of occupancy or the next scheduled inspection, whichever sooner occurs, any material deviation of the project or structure from this Code, the approved plans and specifications, or the Everson Municipal Code, which may be observed or discovered during construction.

[Ord. 437 § 15, 1992.]

15.04.910 Uniform Housing Code – Interpretation and administration.

Each reference in the Uniform Housing Code to “Building Official” shall be deemed to refer to the Building Inspector of the City. Each reference to “legislative body” shall be deemed to refer to the City Council. [Ord. 329 § 2, 1986.]

15.04.920 Uniform Housing Code – Amendments.

A. Section 203 of the Uniform Housing Code is amended to read as follows:

Sec. 203. Board of Adjustment. In order to provide for reasonable interpretation of the provisions of this code, to mitigate specific provisions of this code which create practical difficulties in their enforcement and to hear appeals provided for hereunder, the Board of Adjustment appointed pursuant to RCW 35A.63.110, or the City Council, if it sits as the Board of Adjustment, shall have jurisdiction of any appeals provided in Section 1201 of this code. References in this code the “board of appeals” or to the “Housing Advisory and Appeals Board” shall be deemed to refer to the Board of Adjustment or the City Council, as appropriate.

B. Section 1305(e) of the Uniform Housing Code is amended to read as follows:

Sec. 1305 Method and Form of Decision.

(e) Disposition by the Board. The board may adopt or reject the proposed decision in its entirety or may modify the proposed decision. Action of the board shall be by a simple majority at a meeting at which a quorum is present.

C. Section 1501(b) of the Uniform Housing Code is amended to read as follows:

Sec. 1501 General.

(b) Costs. The cost of such work shall be paid from the current expense (general) fund, and may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the City Council determines appropriate at the time repairs or demolition is undertaken.

D. Section 1502 of the Uniform Housing Code is not adopted.

E. Section 1608(b) of the Uniform Housing Code is amended to read as follows:

Sec. 1608 Lien of Assessment.

(b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 12 percent per annum from and after said date.

F. Section 1612 of the Uniform Housing Code is amended to read as follows:

Sec. 1612 Repayment of Current Expense (General) Fund. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure shall be paid to the Clerk/Treasurer who shall credit the same to the current expense (general) fund.

[Ord. 329 § 3, 1986.]

15.04.950 Uniform Code for the Abatement of Dangerous Buildings Code – Interpretation and administration.

Each reference in the Uniform Code for the Abatement of Dangerous Buildings to “Building Official” shall be deemed to refer to the Building Inspector of the City. Each reference to “legislative body” shall be deemed to refer to the City Council. [Ord. 329 § 4, 1986.]

15.04.960 Uniform Code for the Abatement of Dangerous Buildings – Amendments.

A. Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Sec. 205. Board of Adjustment. In order to provide for reasonable interpretation of the provisions of this code, to mitigate specific provisions of this code which create practical difficulties in their enforcement and to hear appeals provided for hereunder, the Board of Adjustment appointed pursuant to RCW 35A.63.110, or the City Council, if it sits as the Board of Adjustment, shall have jurisdiction of any appeals provided in Section 501 of this code. References in this code the “Board of Appeals” shall be deemed to refer to the Board of Adjustment or the City Council, as appropriate.

B. Section 605(e) of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Sec. 605 Method and Form of Decision.

C. Section 801(b) of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Sec. 801 General.

D. Section 802 of the Uniform Code for the Abatement of Dangerous Buildings is not adopted.

E. Section 908(b) of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Sec. 908 Lien of Assessment.

F. Section 912 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Sec. 912 Repayment of Current Expense (General) Fund. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure shall be paid to the Clerk/Treasurer who shall credit the same to the current expense (general) fund.

[Ord. 437 § 16, 1992; Ord. 329 § 5, 1986.]