Chapter 15.04
BUILDING CODE
Sections:
15.04.010 International Building Code (Chapter 51-50 WAC).
15.04.015 Specific IBC amendments.
15.04.020 Inspections and fees.
15.04.040 Hearing examiner designated as board of appeals/adjustment.
15.04.050 International Residential Code (Chapter 51-51 WAC).
15.04.055 Specific IRC amendments.
15.04.060 International Existing Building Code.
15.04.080 International Mechanical Code (Chapter 51-52 WAC).
15.04.090 Uniform Plumbing Code (Chapter 51-56 WAC).
15.04.100 International Fuel Gas Code (Chapter 51-52 WAC).
15.04.120 International Fire Code (Chapter 51-54A WAC).
15.04.160 Documents available for public inspection.
Legislative history: Ords. 7, 85-75, 85-77, 86-139, 87-154, 89-207, 92-278, 93-300, 95-360, 98-449, 2001-508 and 2003-576.
15.04.010 International Building Code (Chapter 51-50 WAC).
The 2021 International Building Code (IBC), as published by the International Code Council, together with Sections 101, 102 and 104 through 111 of Appendix J, together with all Washington State amendments as contained in Chapter 51-50 WAC, and together with the applicable references to the National Fire Protection Association (NFPA), current edition and as amended, is hereby adopted as modified by MCMC 15.04.015, 15.04.020, 15.04.030, and 15.04.040. (Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2006-633 § 2; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.015 Specific IBC amendments.
The following specific amendments are made to the IBC as adopted under MCMC 15.04.010:
A. Section 105.2, Work Exempt from Permit, shall be modified to add the following item:
#14. Job shacks that are placed at a permitted job site during construction may be allowed on a temporary basis and shall be removed upon final approval of construction.
(Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A))
15.04.020 Inspections and fees.
The following table is hereby adopted as the city’s schedule of fees where applicable, together with such fees and charges as may be imposed by Chapter 3.42 MCMC:
|
Total Valuation of Work |
Fee |
|---|---|
|
$1.00 to $500.00 |
$25.20 |
|
$501.00 to $2,000.00 |
$25.20 for the first $500.00 plus $3.15 for each additional $100.00, or fraction thereof, to and including $2,000.00 |
|
$2,001.00 to $25,000.00 |
$75.10 for the first $2,000.00 plus $15.25 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 |
|
$25,001.00 to $50,000.00 |
$423.15 for the first $25,000.00 plus $11.05 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 |
|
$50,001.00 to $100,000.00 |
$696.15 for the first $50,000.00 plus $7.35 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 |
|
$100,001.00 to $500,000.00 |
$1,074.15 for the first $100,000.00 plus $6.30 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 |
|
$501,000.00 to $1,000,000.00 |
$3,497.55 for the first $500,000.00 plus $5.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 |
|
$1,000,001.00 and up |
$6,065.85 for the first $1,000,000.00 plus $4.20 for each additional $1,000.00, or fraction thereof |
(Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.030 Permit valuation.
A. Permit valuation, used in computing plan review and permit fees, shall include the total value of all construction work, including labor and materials, for which a permit is being issued. It shall also include the contractor’s overhead and profit.
B. The applicant for a permit shall provide an estimated permit valuation at the time of application. The determination of permit valuation shall be made by the building official. The most current Building Valuation Data (BVD), as published by the International Code Council, shall be used to determine building valuations for the building types and occupancies noted in the BVD. When a specific building type or occupancy is not noted in the BVD, the building official is authorized to use any of the classification types that most closely resembles the proposed type of building, or determine a valuation type independently. (Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.040 Hearing examiner designated as board of appeals/adjustment.
A. The office of the Mill Creek hearing examiner is designated to hear and decide, and shall substitute for the former board of appeals/adjustment, for all matters arising under this chapter and the 2021 International Building Code.
B. Whenever the city manager, building official or his/her designee disapproves of an application or refuses to grant a permit applied for under the codes adopted by this chapter, or when it is claimed that the provisions of the International Fire Code do not apply or that the true intent and meaning of the International Fire Code has been misconstrued or wrongly interpreted, the applicant may appeal such decision to the hearing examiner in accordance with the requirements of Chapter 4.34 MCMC and MCMC Title 14. (Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.050 International Residential Code (Chapter 51-51 WAC).
The 2021 International Residential Code (IRC), as published by the International Code Council, together with all Washington State amendments as contained in Chapter 51-51 WAC, is hereby adopted as modified by MCMC 15.04.015, 15.04.020, 15.04.030, and 15.04.040. (Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.055 Specific IRC amendments.
The following specific amendments are made to the IRC as adopted under MCMC 15.04.050:
A. Replace the list of work exempt from building permits in Section R105.2 with the following:
#1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 200 square feet (18.58 m2).
#2. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
#3. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
#4. Sidewalks and driveways.
#5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
#6. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
#7. Swings and other playground equipment.
#8. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
#9. Decks that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
#10. Replacement of nonstructural siding except for veneer, stucco, or exterior finish and insulation systems (EIFS).
#11. In-kind window replacement where no alteration of structural members is required and which the window U values meet the prescriptive requirements within the Washington State Energy Code.
#12. In-kind reroofing, provided roof sheathing is not removed or replaced.
(Ord. 2024-914 § 1 (Exh. A))
15.04.060 International Existing Building Code.
The 2021 International Existing Building Code (IEBC), as published by the International Code Council, is hereby adopted. (Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.070 International Property Maintenance Code.
Repealed by Ord. 2016-807. (Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.080 International Mechanical Code (Chapter 51-52 WAC).
The 2021 International Mechanical Code (IMC), as published by the International Code Council, together with all Washington State amendments as contained in Chapter 51-52 WAC, is hereby adopted. (Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.090 Uniform Plumbing Code (Chapter 51-56 WAC).
The 2021 Uniform Plumbing Code (UPC), as published by the International Association of Plumbing and Mechanical Officials, together with all Washington State amendments as contained in Chapter 51-56 WAC, is hereby adopted. (Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.100 International Fuel Gas Code (Chapter 51-52 WAC).
The 2021 International Fuel Gas Code (IFGC), as published by the International Code Council, together with all Washington State amendments as contained in Chapter 51-52 WAC, is hereby adopted. (Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.120 International Fire Code (Chapter 51-54A WAC).
A. The 2021 International Fire Code (IFC), together with Appendices B, C, and D, and together with all Washington State amendments as contained in Chapter 51-54A WAC, is hereby adopted, except that International Fire Code Section 903.2.6 is hereby amended to include B occupancies.
B. The IFC is hereby amended to define certain terms as follows:
1. “Fire chief” or “fire code official” shall mean the city manager and/or such other city employees, agents, or assistants, if any, as may be authorized by the city manager. (Ord. 2024-914 § 1 (Exh. A); Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.140 Washington State Ventilation and Indoor Air Quality Code (Chapter 51-13 WAC).
Repealed by Ord. 2010-714. (Ord. 2007-664 § 1; Ord. 2006-633 § 2; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.150 International Energy Conservation Code/Washington State Energy Code (Chapters 51-11C and 51-11R WAC).
The 2021 Washington State Energy Code (WSEC), contained in Chapters 51-11C and 51-11R WAC, is hereby adopted. (Ord. 2024-914 § 1 (Exh. A), 2024; Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-716 § 1; Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2006-633 § 2; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.160 Documents available for public inspection.
The codes, appendices, and standards adopted in this chapter shall be filed with the city clerk for use and examination by the public pursuant to RCW 35A.12.140 and other applicable law. (Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)
15.04.170 Penalties.
A. Any person who shall violate any of the provisions of this chapter or the codes or standards adopted herein or fail to comply therewith, or who shall violate or fail to comply with any order made hereunder, or who shall build in violation of any statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the hearing examiner 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 a misdemeanor, punishable by a fine of not more than $5,000 or by imprisonment for not more than one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or allow it to continue. Each day that a prohibited condition, violation or noncompliance is maintained shall constitute a separate offense subject to a separate fine and penalty.
B. At the discretion of the building official, a penalty arising under subsection A of this section may be treated and enforced as a civil penalty under Chapter 14.13 MCMC.
C. The application of any monetary penalty shall not prevent an order or injunction for removal of any prohibited condition(s) or cessation of any violation(s) or noncompliance. All persons may be required to, and shall upon such notice, timely correct or remedy violations, defects or noncompliance with this chapter. (Ord. 2021-870 § 1 (Exh. A); Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)