Chapter 15.04
INTERNATIONAL AND UNIFORM CODES – ADOPTION AND ENFORCEMENT
Sections:
15.04.020 International Building Code.
15.04.030 International Residential Code.
15.04.040 International Mechanical Code.
15.04.050 International Fire Code.
15.04.070 Uniform Plumbing Code.
15.04.080 International Fuel Gas Code.
15.04.090 International Existing Building Code.
15.04.096 International Property Maintenance Code.
15.04.100 Uniform Code for the Abatement of Dangerous Buildings.
15.04.110 Washington State Energy Code.
15.04.120 Conflict among codes.
15.04.170 Basis of hourly charges.
15.04.180 Adjustment of fee tables.
15.04.210 Permits – Expiration.
15.04.220 Permits – Extension and reinstatement.
15.04.230 Violation – Penalty.
Prior legislation: Ords. 1920, 2024 and 2050.
15.04.010 Purpose.
The City of Ferndale has established this chapter as a basis for adopting and implementing certain building and development codes necessary to review and permit development applications typically associated with building construction, alteration, and maintenance. This chapter shall also identify permitting procedures, including application and expiration, which may more fully be documented in administrative policies and procedures not contained within the Ferndale Municipal Code, available for review at the City Community Development Department. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)
15.04.020 International Building Code.
The 2021 International Building Code (includes the 2021 International Existing Building Code, 2021 International Swimming Pool and Spa Code, and 2017 ICC/ANSI A117.1), published by the International Code Council as amended by the state of Washington and published as Chapter 51-50 WAC, including any subsequent amendments or editions adopted by the state, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.010)
15.04.030 International Residential Code.
The 2021 International Residential Code, published by the International Code Council as amended by the state of Washington and published as Chapter 51-51 WAC, including any subsequent amendments or editions adopted by the state, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.020)
15.04.040 International Mechanical Code.
The 2021 International Mechanical Code (includes the 2021 International Fuel Gas Code, 2020 Liquefied Petroleum Gas Code (NFPA 58), and 2021 National Fuel Gas Code (NFPA 54)), published by the International Code Council as amended by the state of Washington and published as Chapter 51-52 WAC, including any subsequent amendments or editions adopted by the state, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.030)
15.04.050 International Fire Code.
The 2021 International Fire Code including the 2021 Wildland-Urban Interface Code, and Appendix B (Fire Flow Requirements for Buildings), published by the International Code Council as amended by the state of Washington and published as Chapter 51-54 WAC, including any subsequent amendments or editions adopted by the state, is hereby adopted by reference. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.040)
15.04.060 Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited.
The limits referred to in Section 3404.2.9.6.1 and 3406.2.4.4 of the International Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as those zones designated residential single-family, residential office, residential multifamily, city center and urban residential as designated by FMC Title 18, Zoning. These limits shall not apply to storage facilities for public use, nor to those utility, telecommunications, and other communications facilities for general public use that are privately owned, which the City Council has determined to be compatible with existing uses and located in a manner which will have no significant adverse effects on the environment or safety of properties in the vicinity. (Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.140)
15.04.070 Uniform Plumbing Code.
The 2021 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, as amended by the state of Washington and published as Chapters 51-56 and 51-57 WAC, including any subsequent amendments or editions adopted by the state, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.050)
15.04.080 International Fuel Gas Code.
The 2021 International Fuel Gas Code, published by the International Code Council, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013)
15.04.090 International Existing Building Code.
The 2021 International Existing Building Code, published by the International Code Council, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.070)
15.04.096 International Property Maintenance Code.
The 2021 International Property Maintenance Code, published by the International Code Council, is hereby adopted by reference. Sections 107, 109, 111, 302, and 309 are not adopted. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1805 § 1, 2013)
15.04.100 Uniform Code for the Abatement of Dangerous Buildings.
The 1997 Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, is hereby adopted by reference. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.080)
15.04.110 Washington State Energy Code.
The 2021 Washington State Energy Code, adopted by the Washington State Building Code Council and published as Chapters 51-11C and 51-11R WAC, including any subsequent amendments or editions thereto, is hereby adopted by reference. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.090)
15.04.120 Conflict among codes.
In case of conflict among the codes enumerated in FMC 15.04.020 through 15.04.110, the first named code shall govern over those following. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.150)
15.04.130 Copies of codes.
A copy of the International and Uniform Codes shall be available for inspection and review in the Community Development Department. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006)
15.04.140 Permits required.
It is unlawful to erect, move, add to or structurally alter a building or other structure, or install, modify, or remove elements of said structure without a permit therefor, unless exempted by the provisions of the relevant codes adopted by this chapter. No permit shall be issued except in conformity with the provisions of this title. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 2017 § 1, 2017; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)
15.04.150 Permit procedures.
All applications for permits subject to review under this chapter shall be submitted to the Community Development Director acting as the Building Official, and all applications shall comply with the requirements of Chapter 14.07 FMC which include but are not limited to:
A. The applications shall be accompanied by plans in duplicate, drawn to scale, and in accordance with the provisions of the latest edition of the International Building or Residential Code, or other adopted codes, as applicable.
B. The application shall show the actual dimensions and shape of the lot to be built on, the exact sizes and locations of the lot and buildings already existing, if any, and the location and dimensions of the proposed building or alteration.
C. The application shall include such other information as lawfully may be required, including but not limited to existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this title.
D. One copy of the plans shall be returned to the applicant by the Building Official after they shall have marked such copy either as approved or disapproved and attested to same by their signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Building Official during the construction phase and, upon approved final inspection, shall be retained per the Washington State Archives Local Government General Records Retention Schedule. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)
15.04.160 Permit fees.
Permit fees shall be as contained in the City’s most current approved Fee Schedule. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)
15.04.170 Basis of hourly charges.
Fees and costs are calculated on per hour basis for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. Such fees and costs shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.100)
15.04.180 Adjustment of fee tables.
The fee tables contained in the City’s most current approved Fee Code may be revised at any time by official action of the City Council. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.110)
15.04.190 Board of Appeals.
The Board of Appeals shall consist of such membership and shall have such authority and follow such procedures as set forth in Chapter 2.25 FMC. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.120)
15.04.200 Reinspections.
A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card (or equivalent) is not posted or otherwise available on the work site, the approved plans are not readily available to the Official, for failure to provide access on the date for which inspection is requested, or for deviating from approved plans. To arrange for a reinspection, the applicant shall contact the City at least 24 hours in advance of the requested inspection date and time, and pay the reinspection fee. No additional inspection of the work will be performed until all required fees have been paid. The requirement of payment of a reinspection fee is not an election of remedies by the City and the City retains the City’s right to initiate enforcement proceedings for violations of this title.
This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.160)
15.04.210 Permits – Expiration.
It shall be the responsibility of the building permit holder to maintain the permit in active status. The City has no responsibility to remind, notify, track or otherwise affirmatively advise the permit holder of the status of any building permit.
A. Permit Expiration – Prior to Issuance.
1. Applications for which no permit is issued within 180 days following the date of City approval shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with state law; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each if there are no changes in approved construction and/or applicable adopted code editions. The extension request shall be submitted in writing and justifiable cause demonstrated prior to the expiration date.
2. Applications may be canceled by the City for inactivity, if an applicant fails to respond to the Department’s request for revisions, corrections, actions or additional information within 180 days of the date of request. The Building Official may extend the response period beyond the 180 days; provided, that the applicant has requested an extension to the response time in writing prior to the conclusion of the 180-day period.
B. Permit Expiration – Following Issuance. The applicant shall have the sole responsibility to initiate requests for inspections, to demonstrate work activity, and to otherwise maintain the building permit in active status. Should an inspection be requested but not conducted, it shall be the responsibility of the applicant to reschedule the inspection and/or to report the failure to conduct an inspection to the Community Development Director.
1. A permit holder maintains the permit in active status by commencing the construction activity described in the building permit within 180 calendar days of the issuance thereof. A building permit is considered abandoned within the meaning of IRC/IBC 105.5 and automatically expires and becomes null and void if the work described in the building permit has not commenced within 180 calendar days from the date of issuance thereof.
2. A permit holder maintains the permit in active status by engaging in construction activity within 180 calendar days of issuance of the building permit and within 180 calendar days of each inspection thereafter. Construction activity is evidenced by the City conducting necessary inspections upon request of the applicant, the applicant providing documented work activity to the City, or progress inspections upon request of the applicant. If the work described in any building permit has commenced but necessary inspections have not been conducted, documented work activity has not been provided to the City, or progress inspections have not been completed for a period of 180 calendar days from the date of issuance of the permit and from the last prior inspection or verified activity/progress, the work under said permit is considered suspended or abandoned within the meaning of IRC/IBC 105.5 and said permit automatically expires, and becomes null and void.
3. Extension requests may be granted at the discretion and latitude of the Building Official; provided, that the extension request is made in writing within 180 days from the date of the last approved activity. The first extension shall not require a fee; however, second and additional requests shall be assessed a fee according to the current adopted Fee Code. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)
15.04.220 Permits – Extension and reinstatement.
A. Extension requests may be granted at the discretion and latitude of the Building Official; provided, that the extension request is made in writing within 180 days from the date of the last approved activity. The first extension shall not require a fee; however, second and additional requests shall be assessed a fee according to the current adopted Fee Code.
B. Every permit that has been expired may be reinstated at the discretion and latitude of the Building Official if the duration from the date of the last approved activity has not exceeded 12 months and no change has occurred in approved construction drawings at time of expiration and/or no change has occurred in applicable adopted code editions. Reinstatement requests shall be submitted in writing with justifiable cause demonstrated for such request. The fee for reinstatement upon approval shall be assessed according to the current adopted Fee Code. For permits that are not reinstated or have been expired for longer than 12 months, a new permit must be obtained and new fees paid. No permit shall be renewed more than once. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)
15.04.230 Violation – Penalty.
Any person, firm, corporation, association, other entity or agent thereof who violates the provisions of this chapter or fails to comply with any of the requirements of this chapter or the terms of any permits issued pursuant to this chapter shall be guilty of a misdemeanor punishable by a fine as contained in the City’s most current approved Fee Code or by imprisonment for not more than one year, or both. Each day such violation continues shall be considered a separate offense. (Ord. 2238 § 1 (Exh. 1), 2024; Ord. 2162 § 1, 2021; Ord. 2070 § 1, 2018; Ord. 1953 § 1, 2016; Ord. 1819 § 15, 2013)