Chapter 16.04
BUILDING CODE
Sections:
16.04.010 Adoption by reference, exclusions and exemptions.
16.04.020 Amendments – Subsequent.
16.04.035 Section 113 amended – Board of appeals.
16.04.037 Section 202, Definitions, amended – Story.
16.04.045 Sections 109.2 and 109.3 amended – Building permit fees.
16.04.050 Section 109.2 amended – Plan review fees and refunds.
16.04.060 Section 903.2.1 amended – Sprinkler systems – Group A Occupancies.
16.04.070 Section 903.2.3 amended – Fire-extinguishing systems – Group E Occupancies.
16.04.080 Section 903.2.4 amended – Sprinkler systems – Group F Occupancies.
16.04.090 Section 903.2.5 amended – Fire-extinguishing systems – Group H Occupancies.
16.04.100 Section 903.2.7 amended – Sprinkler systems – Group M and B Occupancies.
16.04.110 Section 903.2.8 amended – Sprinkler systems – Group R Occupancies.
16.04.120 Section 903.2.9 added – Sprinkler systems – Group S Occupancies.
16.04.130 Section 903.2.14 added – Fire barriers.
16.04.140 Section 1006 amended – Number of exits.
16.04.150 Section 1008.3 amended – Emergency power for illumination.
16.04.160 Requirements for moved buildings.
16.04.010 Adoption by reference, exclusions and exemptions.
Certain documents, copies of which are on file in the office of the building official of the city of Marysville, being marked and designated as the “2021 International Building Code” and the “2021 International Residential Code,” and the “2021 International Building Code Standards,” published by the International Code Council, except for the provisions in subsections (1), (2), and (3) of this section, are adopted as the building code of the city of Marysville for regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures in the city of Marysville, providing for the issuance of permits and the collection of fees therefor, and providing for penalties for the violation thereof. Each and all of the regulations, provisions, penalties, conditions and terms of said code are incorporated and made a part of this chapter as if fully set forth in this chapter.
The following codes are also adopted by the city of Marysville, as adopted by the Washington State Building Code Council, including the Washington State amendments and exclusions, as set forth in this chapter: ICC A117.1-2017, Standards for Accessibility and Usable Buildings and Facilities, and 2021 International Existing Building Code.
(1) 2021 IBC and IRC Sections 101.1, Title. These regulations shall be known as the building code of the city of Marysville, Washington, hereinafter referred to as “this code.”
(2) Exclusions from Adoption by Reference. The following IBC Section 101.4 referenced codes are excluded and not adopted by reference as the building code for the city of Marysville:
101.4, Electrical;
101.4.1, Gas;
101.4.2, Mechanical;
101.4.3, Plumbing;
101.4.4, Property Maintenance;
101.4.6, Energy;
101.4.7, Existing Buildings.
(3) Work Exempt from Permits. For purposes of the Marysville Municipal Code, both 2021 IBC and 2021 IRC Sections 105, Work exempt from permits, are amended to read as follows:
Exemptions 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 laws or ordinance of this jurisdiction. Permits shall not be required for the following:
Building:
(a) One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the net floor area does not exceed 120 square feet.
(b) Fences not over 6 feet high.
(c) Oil derricks.
(d) Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A liquids.
(e) Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and ratio of height to diameter or width does not exceed 2 to 1.
(f) Sidewalks, platforms, decks and driveways not more than 30 inches above grade and not over any basement or story below and are not part of an accessible route.
(g) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
(h) Temporary motion picture, television, and theater stage sets and scenery.
(i) Prefabricated swimming pools accessory to Group R-3 occupancy that are less than 24 inches deep, are not greater than 5,000 gallons and are installed entirely above ground.
(j) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
(k) Swings and other playground equipment accessory to detached one- and two-family dwellings.
(l) Window awnings in Group R-3 and U Occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.
(m) Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height.
(Ord. 3327 § 1 (Exh. A), 2024; Ord. 3311 § 1 (Exh. A), 2024; Ord. 3251 § 1 (Exh. A1), 2023; Ord. 2876 § 1, 2011; Ord. 2784 § 2, 2009; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2204 § 1, 1998; Ord. 2062 § 1, 1996; Ord. 1948 § 1, 1993; Ord. 1475 § 1, 1986; Ord. 1375 § 1, 1984; Ord. 1076 § 1, 1979; Ord. 852 § 1, 1975).
16.04.020 Amendments – Subsequent.
All amendments or supplements to the 2021 International Building Code and 2021 International Residential Code hereinafter adopted by the International Code Council and by the state of Washington as part of the State Building Code shall become a part of this code in all respects insofar as it is applied and enforced within the jurisdictional boundaries of the city of Marysville. (Ord. 3327 § 2 (Exh. B), 2024; Ord. 3311 § 2 (Exh. B), 2024; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 852 § 2, 1975).
16.04.030 Appendices adopted.
Appendices AF, AQ and AU of the 2021 International Residential Code, Chapter 11 and Chapters 25 through 43 are not adopted. Appendix E of the 2021 International Building Code is adopted, incorporated by this reference, and made a part of this chapter as if fully set forth in this chapter. (Ord. 3311 § 3 (Exh. C), 2024; Ord. 3251 § 2 (Exh. A2), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2658 § 1, 2006; Ord. 2523 § 1, 2004; Ord. 2204 § 2, 1998; Ord. 2062 § 2, 1996; Ord. 1948 § 2, 1993; Ord. 1475 § 2, 1986; Ord. 1375 § 2, 1984; Ord. 1076 § 2, 1979; Ord. 852 § 3, 1975).
16.04.035 Section 113 amended – Board of appeals.
Section 113 of the International Building Code is amended by adding the following additional subsection thereto:
(a) Procedure. An appeal to the Board of Appeals must be filed in writing within fifteen (15) days after the order, decision or determination of the building official which is being challenged. The filing fee shall be two hundred twenty four dollars. Within twenty (20) days after the filing of an appeal the Board of Appeals shall hold a hearing on the same and shall render its decision. Continuances shall be allowed only with the consent of the appellant. The decision of the Board of Appeals shall be final on the date that it is reduced to writing and sent to the appellant, subject to the right of the appellant to file an appeal to the Snohomish County Superior Court within fifteen (15) days thereafter.
(Ord. 3327 § 4 (Exh. D), 2024; Ord. 3311 § 4 (Exh. D), 2024; Ord. 3251 § 3 (Exh. A3), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 1766, 1990).
16.04.037 Section 202, Definitions, amended – Story.
Section 202 of the International Building Code is amended at that paragraph entitled “Story” by adding the following paragraph:
If any portion of a basement or usable under-floor space in all group R occupancies consisting of five (5) or more units, including townhomes, is used or intended to be used for human habitation or assemblage of person for any purpose, such basement or usable space shall be considered a story.
(Ord. 3327 § 5 (Exh. E), 2024; Ord. 3311 § 5 (Exh. E), 2024; Ord. 3251 § 4 (Exh. A4), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2100 § 1, 1996).
16.04.045 Sections 109.2 and 109.3 amended – Building permit fees.
|
Total Valuation |
Fee |
|---|---|
|
$1.00 to $500.00 |
$50.00 |
|
$501.00 to $2,000.00 |
$50.00 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 |
|
$2,001.00 to $25,000.00 |
$69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 |
|
$25,001.00 to $50,000.00 |
$391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 |
|
$50,001.00 to $100,000.00 |
$643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 |
|
$100,001.00 to $500,000.00 |
$993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 |
|
$500,001.00 to $1,000,000.00 |
$3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 |
|
$1,000,001.00 and up |
$5,680.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof |
(1) (a) Plan review fees (paid at time of submitting plans) equal to 65 percent of the building permit fees.
(b) Reinspection fees for called inspections when access is not provided or work is not ready will be charged for one hour* of staff time.
(c) Revision fees for additional plan review or inspections when the work authorized by permit will be charged for one hour* of staff time.
(d) Inspections for which no fee is specifically indicated will be charged per hour* of staff time.
(2) Building valuation shall be based on the building valuation data sheet contained within the February 2023 issue of the Building Valuation Data** published by the International Code Council (ICC).
(3) Decks, carports (open on three sides), ramps, unheated sunrooms, covered porches and stairs are assessed per the February 2023 Building Valuation Data published by the ICC.**
(4) Unfinished basements (no heat, insulation and/or sheetrock) are assessed per the February 2023 Building Valuation Data published by the ICC. **
(5) Single-wide mobile homes (2 hours*), double-wide (3 hours*) for permit base fee.
(6) State Building Code Council surcharge fee: $6.50 per building permit, plus $2.00 each dwelling unit and $25.00 for commercial building permits.
(7) For miscellaneous applications, plan reviews and permits including expired applications and permits for which no fee is specified: Fee will be at a per hour* rate with a minimum fee of one hour.*
|
Year |
2023/2024 |
2025 |
2026 |
2027 |
2028 |
|---|---|---|---|---|---|
|
Rate/Hour |
$112 |
$115 |
$119 |
$122 |
$126 |
** Fees are based on February 2023 Building Valuation Data, published by the ICC, including a cost modifier of 1.03 applied each year starting in 2025.
(Ord. 3327 § 6 (Exh. F), 2024; Ord. 3311 § 5 (Exh. E), 2024; Ord. 3286 § 1 (Exh. A), 2023; Ord. 3277 § 3 (Exh. 3), 2023; Ord. 3251 § 5 (Exh. A5), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004).
16.04.050 Section 109.2 amended – Plan review fees and refunds.
Section 109.2 of the International Residential Code is amended to read as follows:
(a) When a plan or other data are required to be submitted by Section R108, a plan review fee shall be paid at the time of submitting plans and specifications for review. Except as provided below, said plan review fee shall be 65 percent (65%) of the building permit fee as shown in MMC 16.04.045. Building Permit Fees. A plan may be established as a “basic” plan, to be used multiple times within a subdivision. “Basic” plan review fees are 35 percent (35%) of the building permit fee for each subsequent permit application utilizing an established plan. No structural modifications or increases in square footage are allowed on a basic plan. If additional engineering review is required due to lot conditions, a new plan must be submitted for review.
(b) Sections 109 and 109.6 amended – Refunds. The building official may authorize refunding of not more than 70 percent (70%) of the plan review or permit fee paid when no review or work has been done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 90 days after the date of the fee payment.
(Ord. 3327 § 7 (Exh. G), 2024; Ord. 3311 § 6 (Exh. F), 2024; Ord. 3251 § 6 (Exh. A6), 2023; Ord. 2876 § 1, 2011; Ord. 2793 § 1, 2009; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2204 § 3, 1998; Ord. 2062 § 4, 1996; Ord. 1974 § 1, 1993).
16.04.060 Section 903.2.1 amended – Sprinkler systems – Group A Occupancies.
Section 903.2.1 of the International Building Code as enacted by the city and previously amended is hereby repealed and a new Section 903.2.1 is enacted to be added to the building code reading as follows:
Marysville Municipal Code Section 903.2.1 Group A Occupancies. An automatic sprinkler system shall be installed in all Group A Occupancies, other than those rooms used by the occupants for the consumption of alcoholic beverages, that have 5,000 square feet or more of floor area.
(Ord. 3251 § 7 (Exh. A7), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2377 § 10, 2001).
16.04.070 Section 903.2.3 amended – Fire-extinguishing systems – Group E Occupancies.
Section 903.2.3 of the International Building Code as enacted by the city and previously amended is hereby repealed and a new Section 903.2.3 is enacted to be added to the building code reading as follows:
Section 903.2.3 General. An automatic fire-extinguishing system shall be installed in all newly constructed buildings classified as Group E Occupancy.
(Ord. 3251 § 8 (Exh. A8), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2377 § 11, 2001).
16.04.080 Section 903.2.4 amended – Sprinkler systems – Group F Occupancies.
Section 903.2.4 of the International Building Code as enacted by the city and previously amended is hereby repealed and a new Section 903.2.4 is enacted to be added to the building code reading as follows:
Section 903.2.4.1 Group F occupancies. An automatic fire sprinkler system shall be installed in Group F occupancies over 2,500 square feet in area that use equipment, machinery or appliances that generate finely divided combustible waste or that use finely divided combustible materials. All other Group F occupancies that have 5,000 square feet or more of floor area shall be provided with an automatic fire sprinkler system.
(Ord. 3251 § 9 (Exh. A9), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2377 § 12, 2001).
16.04.090 Section 903.2.5 amended – Fire-extinguishing systems – Group H Occupancies.
Section 903.2.5 of the International Building Code as enacted by the city and previously amended is hereby repealed and a new Section 903.2.5 is enacted to be added to the building code reading as follows:
Section 903.2.5 General. An automatic fire-extinguishing system shall be installed in all Group H Divisions.
(Ord. 3251 § 10 (Exh. A10), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2377 § 13, 2001).
16.04.100 Section 903.2.7 amended – Sprinkler systems – Group M and B Occupancies.
Section 903.2.7 of the International Building Code as enacted by the city and previously amended is hereby repealed and a new Section 903.2.7 is enacted to be added to the building code reading as follows:
Section 903.2.7 Group M and B Occupancies. An automatic sprinkler system shall be installed where the floor area is 5,000 square feet or more. The area of mezzanines shall be included in determining the areas where sprinklers are required.
(Ord. 3251 § 11 (Exh. A11), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2377 § 14, 2001).
16.04.110 Section 903.2.8 amended – Sprinkler systems – Group R Occupancies.
Section 903.2.8 of the International Building Code as enacted by the city and previously amended is hereby repealed and a new Section 903.2.8 is enacted to be added to the building code reading as follows:
Section 903.2.8 Group R Occupancies. An automatic sprinkler system shall be installed throughout every apartment house three (3) or more stories in height or containing five (5) or more dwelling units, townhomes and every congregate residence three (3) or more stories in height or having an occupant load of five (5) or more, and every hotel three or more stories in height or containing five (5) or more guest rooms. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building.
(Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2377 § 15, 2001).
16.04.120 Section 903.2.9 added – Sprinkler systems – Group S Occupancies.
A new Section 903.2.9 is hereby enacted and added to the International Building Code as previously enacted and amended by the city reading as follows:
Section 903.2.9 Group S Occupancies. An automatic sprinkler system shall be installed throughout all Group S occupancies that have 5,000 square feet or more of floor area.
Section 903.2.9.1. In all Group S-1 mini-storage occupancies.
Section 903.2.9.2. Repair garages where the use of open flame or welding is conducted with a fire area exceeding 3,000 square feet.
(Ord. 3251 § 12 (Exh. A12), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2377 § 16, 2001).
16.04.130 Section 903.2.14 added – Fire barriers.
A new Section 903.2.14 is hereby enacted and added to the International Building Code as previously enacted and amended by the city reading as follows:
Section 903.2.14. For the purposes of Section 903, fire barriers shall not define separate buildings.
(Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 2377 § 17, 2001).
16.04.140 Section 1006 amended – Number of exits.
Section 1006 of the International Building Code is amended in part to read as follows:
(a) Number of Exits. Every building or usable portion thereof shall have at least one (1) exit, and shall have not less than two (2) exits where required by Table No. 1006.
In all occupancies, floors, balconies and mezzanines above the main story having an occupant load of more than ten (10) shall have not less than two (2) exits.
Each mezzanine used for storage purposes, if greater than 2,000 square feet or more than 60 feet in any dimension, shall have not less than two (2) stairways to an adjacent floor.
All remaining portions of Section 1006 shall remain unamended. (Ord. 3251 § 13 (Exh. A13), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 1375 § 9, 1984; Ord. 852 § 15, 1975).
16.04.150 Section 1008.3 amended – Emergency power for illumination.
(1) Subsections 1008.3.1 and 1008.3.2 are amended to provide that, in the event of power failure, an emergency electrical system shall automatically illuminate all areas described in these subsections regardless of the number of exits/means of egress.
(2) Subsections 1008.3.1, 1008.3.2, and 1008.3.3 are furthermore amended to provide that, in the event of power supply failure, an emergency electrical system shall automatically illuminate the following additional areas: all offices, all outside exterior doors, and all habitable spaces.
(3) Subsection 1008.3.3 is furthermore amended to provide that, in the event of power supply failure, an emergency electrical system shall automatically illuminate all commercial restrooms, regardless of size.
All other provisions of Section 1008.3 shall remain in full force and effect, except as amended herein. (Ord. 3251 § 14 (Exh. A14), 2023).
16.04.160 Requirements for moved buildings.
The term “moved building” shall mean any structure designed for human occupancy that is moved horizontally or vertically for 10 feet or more when either the original site or its new site is located within the city of Marysville; it does not mean factory-built housing which is being moved into the city directly from the factory, or mobile/manufactured homes. In addition to all requirements of the International Building and Residential Codes, the following provisions shall apply to moved buildings:
(1) Before any building shall be moved into or within the city of Marysville, a moving permit shall be obtained from the city building official. The fee for said permit shall be the minimum building permit fee specified in MMC 16.04.045 plus the state surcharge. The application for the moving permit shall state the proposed moving date, the proposed moving route and the location of the new site for the building. A moving permit shall be issued only upon approval by both the building official and the street superintendent;
(2) No building shall be moved to or stored upon any site in the city of Marysville which is not a location approved in a moving permit issued by the city;
(3) Within 10 days after a building is moved to a new site in the city of Marysville, the owner shall apply for a building permit to place it on a permanent foundation and to bring it into compliance with the International Building and Residential Codes;
(4) Within 180 days after a building is moved to a new site within the city of Marysville, it shall be brought into full compliance with all applicable city codes and be ready for final approval by the building official. In hardship cases involving unforeseen circumstances, the building official shall be authorized to extend this time period for up to 180 additional days, two times. (Ord. 3327 § 8 (Exh. H), 2024; Ord. 3311 § 7 (Exh. G), 2024; Ord. 3251 § 15 (Exh. A15), 2023; Ord. 2876 § 1, 2011; Ord. 2740 § 1, 2008; Ord. 2708 § 1, 2007; Ord. 2523 § 1, 2004; Ord. 1559, 1987).