Chapter 15.10
BUILDING CODE
Sections:
15.10.020 Additional provisions adopted.
15.10.030 Section 105.2 – Work exempt from permit.
15.10.040 Section 105.5 – Expiration.
15.10.050 Work without a permit.
15.10.070 Temporary certificate of occupancy.
15.10.080 Certificate of occupancy.
15.10.090 Benefits of enforcement.
15.10.100 Responsibility for compliance.
15.10.110 Violation – Penalty.
15.10.010 Adopted.
All construction activity and construction materials in the town shall be governed by the Washington State Building Code, as set forth in Chapter 19.27 RCW, and as updated by the State Building Code Council to include the 2021 Editions of the following codes with amendments, except where noted:
(1) International Building Code, Chapter 51-50 WAC.
(2) International Residential Code, Chapter 51-51 WAC.
(3) International Fire Code, Chapter 51-54A WAC.
(4) International Mechanical Code, Chapter 51-52 WAC.
(5) Uniform Plumbing Code, Chapter 51-56 WAC.
(6) International Energy Conservation Code, Commercial, Chapter 51-11C WAC.
(7) International Energy Conservation Code, Residential, Chapter 51-11R WAC.
(8) International Swimming Pool and Spa Code, WAC 51-51-0328.
(9) Liquefied Petroleum Gas Code, NFPA 58-2020 (Propane).
(10) National Fuel Gas Code, ANSI Z223/NFPA 54-2020 (Natural Gas).
(11) National Electrical Code (NFPA 70-2020).
All codes referenced above are hereby adopted by reference and included as if set forth in their entirety. This adoption includes all other related codes, standards, and amendments to the referenced codes adopted by the State Building Code Council and shall take effect March 15, 2024. [Ord. 572 § 1, 2024; Ord. 570 § 1, 2024]
15.10.020 Additional provisions adopted.
All references to the adoption of the 2021 International Building Code and the 2021 International Residential Code shall be deemed to have included, and shall include in the future, the following appendices as currently in effect and as may hereafter be amended:
(1) International Building Code Appendix J. All administrative and enforcement provisions of the International Building Code shall apply to this appendix in the same way that they apply to other elements of the code. Also adopted by reference are all future amendments and revisions to this appendix.
(2) International Residential Code Appendix C – Exit Terminals of Mechanical Draft and Direct Vent Systems; Appendix F – Radon Control Methods; and Appendix H – Patio Covers. All administrative and enforcement provisions of the International Residential Code shall apply to these appendices in the same way that they apply to other elements of the code. Also adopted by reference are all future amendments and revisions to these appendices. [Ord. 570 § 2, 2024; Ord. 551 § 1, 2021; Ord. 522 § 1(Att. A), 2016]
15.10.030 Section 105.2 – Work exempt from permit.
Section 105.2 of the 2021 International Building Code is amended to read as follows:
Section 105.2
(a) Permits Required: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code or to cause any such work to be done shall first make application to the building official and obtain the required permit.
(b) Exempted Work by Type: A building permit shall not be required for the following:
1. Landscaping and other associated site work that does not incorporate a structure as part of the work.
2. Paving and surfacing of prepared earth surfaces.
3. Planters, rockeries or walls less than thirty (30) inches in height above original or finished grades which do not support a surcharge or any lateral loads of superimposed earth or other structures, or Class I, II or IIIA liquids.
4. Ornamental or decorative ponds or pools of water not over twenty-four inches in depth.
5. Temporary, prefabricated or mobile structures to be used on the site during construction and removed upon completion of construction.
6. Interior and exterior building trim, painting, papering, tiling, cabinets, counter tops, carpeting, finished flooring and other similar finish work for which inspection to verify code compliance is not required.
7. Window awnings when not projecting more than fifty-four (54) inches from the wall of the building and fully behind the setback lines of the property.
8. Movable cabinets, cases and counters less than five feet nine inches (5’9”) high and supporting only the weight of the cabinet and contents.
9. Interior non-structural partitions less than five feet nine inches (5'9") in height.
10. Residential re-roofing involving:
a. Removal and replacement of existing roofing materials using the same or similar type of material where the work does not activate other building code or energy code requirements, and does not reduce existing ventilation or storm water drainage connections and dispersal; or
b. A re-roof overlay of one layer of asphalt composition onto an existing layer of asphalt composition.
11. Boat moorage covers over open water not exceeding 120 square feet in horizontally project roof area and which fully comply with all state and local permit regulations.
(c) Limitation on Exemptions: Exemption from the permit requirements of this code shall not be deemed to grant exemption from separate permit requirements of this or any other code, law or ordinance currently in effect, nor 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 or any other duly authorized agency having jurisdiction.
[Ord. 570 § 2, 2024; Ord. 551 § 1, 2021; Ord. 522 § 1(Att. A), 2016]
15.10.040 Section 105.5 – Expiration.
Section 105.5 of the 2021 International Building Code is amended to add the following:
All work authorized by permit shall be completed and final inspections made and the completed work under the permit approved within five hundred forty (540) calendar days from the date of permit issue, and all permits shall finally expire by limitation five hundred forty (540) days from the date of issuance. During this five hundred forty (540) day period, the permittee shall completely finish the exterior of the structure according to the plans and specifications.
Extensions granted by the Building Official of the time to commence or to recommence work under a permit shall automatically extend the time of final expiration by the amount of time of the extension granted, and the number of days granted shall be added to the end of the prior for which the permit is valid. Any permittee holding an unexpired permit may apply for an extension of the time of final expiration for good and satisfactory reasons. If the Building Official finds these reasons acceptable, the final expiration date of the permit may be extended for a maximum of one hundred eighty (180) days, but only if:
1. No unapproved changes to the original approved plans have been or will be made; and
2. An additional inspection fee equal to twenty percent (20%) of the original plan review fee and an additional administrative extension fee of fifty dollars ($50.00) is paid.
No permit shall be extended for any reason more than once.
In order to renew action on a permit after final expiration, the permittee shall obtain a new permit and pay a permit fee in the full amount of the original fee. However, if the exterior of the structure was not completely finished according to the plans and specifications (as required above), the permit fee charged by the Town shall be twice the original fee, and the fee shall be doubled each year thereafter for each subsequent renewal of unexpired permits for structures with unfinished exteriors. The Building Official may waive all or part of the plan fee for renewal of an unexpired permit, but only if:
1. No changes have been or will be made in the previously approved plans;
2. Revisions to the approved plans of the original permit have been submitted and approved as required; and
3. All required inspections have been made to completed work.
Renewed permits shall be subject to all conditions of the original permit and any conditions imposed on the new permit at the time of renewal including state and local code amendments. The period of permit validity shall begin at the time of permit issuance and extensions and renewals shall follow the same procedures applicable to a new permit.
[Ord. 570 § 2, 2024; Ord. 551 § 1, 2021; Ord. 522 § 1(Att. A), 2016]
15.10.050 Work without a permit.
Section 109.4 of the 2021 International Building Code and Section R108.6 of the 2021 International Residential Code are hereby amended as follows:
Any person who commences work requiring a permit on a building, site, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to an investigation and administration fee equal to the amount of the permit 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 the town code. The minimum investigation fee shall be the same as the minimum fee set forth in the town code. The payment of the investigation fee shall not exempt any person from compliance with all provisions of this code nor from any penalty prescribed by law.
In addition to the investigation and administration fee, all associated town staff and town consultant charges shall be collected.
[Ord. 570 § 2, 2024; Ord. 551 § 1, 2021; Ord. 522 § 1(Att. A), 2016]
15.10.060 Other inspections.
Section 110.3.9 of the 2021 International Building Code and Section R109.1.5 of the 2021 International Residential Code are hereby amended as follows:
In addition to inspections as required by this code not excluding regular inspections by the building official, special inspections and structural observations; the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Town of Hunts Point.
In addition to regular code-specified town inspections, special inspections, and structural observations; structural systems, mechanical systems, plumbing systems, and energy systems may be required to have visual observation and testing to confirm compliance with approved construction documents. These inspection requirements apply to all projects with 4,000 square feet or greater of additional floor area, or as the building official may find required. When required, visual observations and testing are to be performed or overseen by a registered design professional approved by the building official. All costs for inspections are the responsibility of the permit holder.
[Ord. 570 § 2, 2024; Ord. 551 § 1, 2021; Ord. 522 § 1(Att. A), 2016]
15.10.070 Temporary certificate of occupancy.
Section 111.3 of the 2021 International Building Code and Section R110.4 of the 2021 International Residential Code are hereby amended as follows:
The building official is authorized, but is not required, to issue a temporary certificate of occupancy before completion of the entire work covered by the permits issued, but only if such portion or portions can be occupied safely. A temporary certificate of occupancy may be issued only in association with a valid building permit. A cash financial guarantee shall be required in the amount of one-half (1/2) of the permit fee, or $10,000, whichever amount is the lesser. A temporary certificate of occupancy is valid for a period not to exceed ninety (90) days from the date of issuance. Administration fees for costs incurred by the city to process the temporary certificate of occupancy will be assessed.
[Ord. 570 § 2, 2024; Ord. 551 § 1, 2021; Ord. 522 § 1(Att. A), 2016]
15.10.080 Certificate of occupancy.
Sections 111.1 of the 2021 International Building Code and R110.1 of the 2021 International Residential Code are hereby amended as follows:
No building or structure may be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof may occur, until the building official has issued a certificate of occupancy therefor as provided in this code. 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 Town of Hunts Point.
When a series of related permits, such as grading, drainage, tree removal, swimming pool, retaining wall, or fencing permits, or permits for separate accessory buildings, are issued in conjunction with a building permit for the renovation, reconstruction, or new construction of a residence; the certificate of occupancy for the residence shall not be issued until all regulated work under all related permits and all work included in the scope of work identified has been completed, inspected, and approved and all fees and charges have been paid.
[Ord. 570 § 2, 2024; Ord. 551 § 1, 2021; Ord. 522 § 1(Att. A), 2016]
15.10.090 Benefits of enforcement.
The State Building Code, together with any modification to the State Building Code now or hereafter adopted by the town, shall be enforced for the benefit of the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its provisions. [Ord. 522 § 1(Att. A), 2016]
15.10.100 Responsibility for compliance.
Regardless of any review, approval, inspection, permit issuance, or other action of the town or its agents, consultants, or employees, it is the responsibility of the developers, permit applicants, owners, and occupiers of land within the town limits to ensure that all work, actions, or conditions comply with all town ordinances and all other applicable laws, and with the requirements of any permits or approvals granted under town ordinance or any other applicable law. No provision of or term used in this chapter or Chapter 15.20 HPMC is intended to impose any duty upon the town or any of its agents, consultants, or employees. Nothing contained in this chapter or Chapter 15.20 HPMC is intended to be or shall be construed to create or form the basis for any liability on the part of the town, its agents, consultants, or employees for any injury or damage resulting from a failure to comply with the provisions of town ordinances or other applicable law or by reason of or as a consequence of any permission, denial, or approval authorized or issued or done in connection with the implementation or enforcement of town ordinances or other applicable law, or by reason of any action or inaction on the part of the town or its agents, consultants, or employees relating in any manner to the implementation or enforcement of town ordinances or other applicable laws. [Ord. 522 § 1(Att. A), 2016]
15.10.110 Violation – Penalty.
Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of this chapter or Chapter 15.20 HPMC or of any portion of the State Building Code as adopted or amended by this chapter or Chapter 15.20 HPMC is guilty of a misdemeanor punishable by a fine not exceeding $2,000 or by imprisonment for any term not exceeding six months, or by both such fine and imprisonment. Each day that a violation is continued shall be considered a separate offense. [Ord. 522 § 1(Att. A), 2016]