Chapter 12.04
BUILDING CODE
Sections:
12.04.020 Adoption of codes by reference.
12.04.040 Resolution of conflicts.
12.04.050 Fire chief and fire marshal designated.
12.04.070 Codes – Copies on file.
12.04.090 Administrative provision.
12.04.110 Fire code amendments.
12.04.120 Building code amendments.
12.04.140 Violations and penalties.
12.04.010 Title and purpose.
This chapter shall be known as the “building and construction code of the city of Fircrest,” and may be cited as such. The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Fircrest. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefitted, nor is it intended to create any special relationship with any individual. (Ord. 1350 § 1, 2004; Ord. 1204 § 1, 1998; Ord. 1008 § 1, 1992).
12.04.020 Adoption of codes by reference.
The following codes are hereby adopted by this reference as if fully set forth in this chapter and as specifically modified or amended as set forth in this chapter:
(a) The 2021 International Building Code published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter along with adoption of Appendix E and ICC/ANSI A117.1-2017, and the 2021 International Existing Building Code and International Swimming Pool and Spa Code.
(b) The 2021 International Residential Code published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-51 WAC, and as subsequently amended by this chapter along with adoption of Appendices F, Q and U; Chapter 11 and Chapters 25 through 42 are not adopted.
(c) The 2021 International Mechanical Code published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC, and as subsequently amended by this chapter along with adoption of 2021 International Fuel Gas Code, 2021 National Fuel Gas Code (NFPA 54) and 2020 Liquefied Petroleum Gas Code (NFPA 58).
(d) The 2021 International Fire Code published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-54A WAC, and as subsequently amended by this chapter.
(e) The 2021 International Wildland-Urban Interface Code published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-55 WAC, and as subsequently amended by this chapter.
(f) The 2021 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC, and as subsequently amended by this chapter along with adoption of Appendices A, B, I, and M. UPC Chapters 12 and 14 are not adopted, and the UPC requirements relating to venting and combustion air of fuel-fired appliances as found in Chapter 5, and those portions of the code addressing building sewers, are not adopted.
(g) The 2021 Washington State Energy Code as adopted and amended by the Washington State Building Code Council in Chapter 51-11R WAC (Residential) and Chapter 51-11C WAC (Commercial).
(h) The National Electrical Code published by the National Fire Protection Association as adopted and enforced by Tacoma Power. (Ord. 1722 § 1, 2024; Ord. 1663 § 1, 2020; Ord. 1576 § 1, 2016; Ord. 1538 § 1, 2013; Ord. 1499 § 1, 2010; Ord. 1350 § 2, 2004; Ord. 1204 § 2, 1998; Ord. 1126 § 1, 1996; Ord. 1103 § 1, 1995; Ord. 1008 § 2, 1992).
12.04.030 Implementation.
Pursuant to RCW 19.27.074, the State Building Code Council reviews and amends the codes enumerated in FMC 12.04.020(a), (b), (c), (d), (e), (f), (g) and (h) as appropriate. Updated editions of these codes shall take effect in the city of Fircrest as of the effective date as adopted by the city council and pursuant to Chapter 19.27 RCW. (Ord. 1722 § 2, 2024; Ord. 1499 § 2, 2010; Ord. 1350 § 3, 2004; Ord. 1204 § 3, 1998; Ord. 1008 § 3, 1992).
12.04.040 Resolution of conflicts.
In case of conflict among the building code, the residential code, the mechanical code, the fire code, the wildland-urban interface code, and the plumbing code, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. (Ord. 1722 § 3, 2024; Ord. 1350 § 4, 2004; Ord. 1204 § 4, 1998; Ord. 1103 § 2, 1995; Ord. 1008 § 4, 1992).
12.04.050 Fire chief and fire marshal designated.
Inspections and code enforcement of the fire code shall be conducted by the Tacoma Fire Department in accordance with the interlocal agreement between the department and city. Conflicts of code interpretation shall be determined by the building official. (Ord. 1350 § 5, 2004).
12.04.060 Fees.
All fee schedules shall be listed in a fee resolution adopted by the city council of the city of Fircrest. (Ord. 1350 § 6, 2004).
12.04.070 Codes – Copies on file.
The city clerk is to maintain one copy on file of each of the codes adopted by this chapter for public inspection and photocopying. These copies may be kept in the care of the building official. (Ord. 1350 § 7, 2004).
12.04.080 Appeals.
All appeals authorized by the international codes as to suitability of alternate materials and methods of construction and from other rulings, interpretations or enforcement actions of those officials charged with enforcing the codes shall be made to the hearing examiner, which will act as the board of appeals in accordance with Chapter 1, Section 113 of the International Building Code. (Ord. 1638 § 69, 2019; Ord. 1350 § 8, 2004; Ord. 1103 § 4, 1995; Ord. 1008 § 8, 1992).
12.04.090 Administrative provision.
The administrative provisions as specified in Chapter 1 of the International Building Code as adopted and as subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in FMC 12.04.020. As such these provisions shall supersede conflicting provisions listed in other adopted codes. (Ord. 1350 § 9, 2004).
12.04.100 Residential code amendment.
Repealed by Ord. 1551. (Ord. 1350 § 10, 2004; Ord. 1103 § 5, 1995; Ord. 1008 § 9, 1992).
12.04.110 Fire code amendments.
The following sections in the International Fire Code as adopted by the state of Washington are hereby amended:
(a) Section 503 – Fire Apparatus Access Roads, is amended to read as follows:
Section 503. General. Fire apparatus access roads shall be provided and maintained in accordance with Section 503 and locally adopted street, road, and access standards.
(b) Sections 503.1.1 through 503.4, as written in the International Fire Code, not adopted in the state of Washington Fire Code, as subsequently amended by this chapter, are hereby adopted by reference as a part of this fire code.
(c) Section 503.3 – Marking, is amended by the addition of Section 503.3.1 to read:
Section 503.3.1. Approved marking shall be designated by red curbing and the words “Fire Lane – No Parking” stenciled either on the curb or on the street surface; or by street signs, stating “Fire Lane – No Parking.”
(d) Section 901.6.3 – Records, is amended by adding Section 901.6.3.2 to read as follows:
Section 901.6.3.2. Submittal of Records to the Fire Department. Records of semi-annual, annual and five year inspections shall be submitted to the Fire Department on approved forms at intervals noted in Table 901.6.3.
|
SYSTEM TYPE |
SUBMITTAL FREQUENCY |
|---|---|
|
Automatic Fire Sprinkler System |
Annual |
|
Fire Alarm System |
Annual |
|
Commercial Kitchen Hood – Fire Suppression System |
Semi-Annual |
|
Church Kitchen Hood Fire Suppression System (where cooking only once per week) |
Annual |
|
Standpipe |
Annual |
|
Standpipe Hydrostatic Test |
Five Years |
|
Active Smoke Control System |
Annual |
|
Fire Escape |
Annual and Five Year |
|
Special Suppression System |
Annual |
|
Private Hydrant System |
Annual |
|
Fire Pump |
Annual |
|
Spray Booth |
Annual |
|
Emergency Generator |
Annual |
|
Foam Systems |
Annual and Five Year |
(Ord. 1722 § 4, 2024; Ord. 1538 § 2, 2013; Ord. 1499 § 3, 2010; Ord. 1350 § 11, 2004).
12.04.120 Building code amendments.
The following sections in the adopted International Building Code are hereby amended:
(a) Section 101.1 is amended to read:
101 Title. These regulations shall be known as the Building Code of the City of Fircrest, hereinafter referred to as “this code.”
(b) Section 103.1 is amended to read:
103.1 Building Department. The official in charge of implementation of the City of Fircrest Building Code shall be known as the building official, as appointed by the City. The Building Department shall be responsible for the administration and implementation of this code.
(c) Section 105.2, Item #11, is amended to read:
Swings and other playground equipment.
(d) IBC Section 105.5 is amended to read:
105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection within 180 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration, and include the permittee’s explanation of the need for the permit extension. The building official may only grant an extension if good cause is shown.
(e) Section 113.1 is amended to read:
113.1 Appeals. All administrative appeals, except appeals of enforcement or other actions brought under Chapter 22.95, shall be governed by the authority and procedures set forth in Fircrest Municipal Code Section 12.04.080.
IBC Section 113.3 is repealed.
(f) Section 114.4 is amended to read:
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the penalties provided in Fircrest Municipal Code Chapter 22.95.
(g) Section 1612.3 is amended to read:
1612.3 Establishment of flood hazard areas. Flood hazard areas are established in accordance with Fircrest Municipal Code Chapter 22.99 – Frequently Flooded Areas. The adopted flood hazard map and supporting data adopted by reference in FMC 22.99.010 are hereby considered a part of this section.
(Ord. 1722 § 5, 2024; Ord. 1551 § 2, 2014; Ord. 1350 § 12, 2004; Ord. 1204 § 9, 1998; Ord. 1103 § 7, 1995; Ord. 1008 § 9, 1992).
12.04.130 Fence permits.
(a) Prior to the construction of a fence located within a required front yard, side street side yard, yard adjoining a through-lot street frontage, or clear vision triangle as defined in FMC 22.58.005, a property owner, contractor, or other authorized agent shall obtain a fence permit from the planning/building department.
(b) A fence permit shall not be required for the following:
(1) Normal upkeep, repair or maintenance of an existing fence; provided, that the fence is not located on public property; and further provided; that if the fence is classified as a nonconforming structure pursuant to FMC 22.58.023, such activities will not increase the nonconformity of the fence.
(2) Replacement of a fence which has been destroyed by fire, earthquake, flood, wind or other disaster; provided, that the fence is not located on public property; and further provided, that if the fence is classified as a nonconforming structure, the replacement fence will be constructed in conformance with FMC 22.58.004.
(c) In order to determine whether a fence permit is required, the city may require a property owner, contractor, or other authorized agent to submit a site plan, construction drawings or other documentation that demonstrate that one or more of the exemptions listed in subsection (b) of this section apply.
(d) All fences shall comply with the standards specified in FMC 22.58.004 unless a fence is classified as a nonconforming structure pursuant to FMC 22.58.023, or unless a variance is granted pursuant to Chapter 22.74 FMC. (Ord. 1350 § 13, 2004).
12.04.140 Violations and penalties.
(a) Enforcement. Violations of the provisions of this chapter shall be enforced according to Chapter 22.95 FMC.
(b) Criminal Penalty. Except as otherwise provided, in addition to or as an alternative to any other penalty provided for in this chapter, any person, partnership, firm, association, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable as provided for in RCW 9A.20.021.
(c) Additional Remedies. In addition to any other remedies provided by this chapter, the city may initiate injunction or abatement proceedings or any other appropriate action in the courts against any person, partnership, firm, association, or corporation who violates or fails to comply with any provision of this chapter, or any code adopted herein, to prevent, enjoin, abate, or terminate such violation or to restore a condition which existed prior to the violation. In all injunction, abatement and nuisance proceedings, the violator shall be required, in addition to any other relief, to pay the costs of such action, including reasonable attorneys’ fees. (Ord. 1722 § 6, 2024; Ord. 1350 § 14, 2004).
12.04.150 Liability.
The express intent of the city of Fircrest is that the responsibility for compliance with the provisions of this chapter shall rest with the permit applicant and their agents. (Ord. 1350 § 15, 2004).
12.04.160 Uniform Fire Code Section 103.4.4 amended – Penalties; Section 902 amended – Fire apparatus access roads.
Repealed by Ord. 1350. (Ord. 1204 § 13, 1998; Ord. 1103 § 11, 1995; Ord. 1008 § 9, 1992).
12.04.170 Uniform Fire Code Section 901.4.5 amended – Premises identification.
Repealed by Ord. 1350. (Ord. 1103 § 12, 1995; Ord. 1008 § 9, 1992).
12.04.180 Uniform Swimming Pool, Spa and Hot Tub Code Section 301(c), (d) and (e) added – Lighting, security and setbacks.
Repealed by Ord. 1204. (Ord. 1008 § 9, 1992).
12.04.190 Uniform Swimming Pool, Spa and Hot Tub Code Section 310 amended – Waste water disposal.
Repealed by Ord. 1204. (Ord. 1008 § 9, 1992).
12.04.200 Collected and sheet water drainage.
Repealed by Ord. 1204. (Ord. 1008 § 10, 1992).
12.04.210 Fence permits.
Repealed by Ord. 1350. (Ord. 1301 § 3, 2002; Ord. 1204 § 17, 1998; Ord. 1187 § 1, 1997).
12.04.220 Licensing of contractors.
Repealed by Ord. 1204. (Ord. 1008 § 12, 1992).
12.04.230 Compliance with chapter provisions required.
Repealed by Ord. 1204. (Ord. 1008 § 13, 1992).
12.04.240 Exemptions from chapter applicability.
Repealed by Ord. 1204. (Ord. 1008 § 14, 1992).
12.04.250 Liability.
Repealed by Ord. 1350. (Ord. 1204 § 23, 1998).