Chapter 15.04
Uniform Codes
Sections:
15.04.030 Conflicts between codes.
15.04.040 International Building Code.
15.04.050 International Residential Code.
15.04.070 International Fire Code.
15.04.080 Appeal of decisions.
15.04.090 Storage of combustible liquids.
15.04.010 Adopted.
The following codes or standards, one copy of which is on file in the office of the city clerk-controller or such other location as may be authorized by the clerk-controller, together with supplements and appendices to said volumes, are adopted by reference, as if set forth fully in this chapter subject to any amendment enacted in the ordinance codified in this chapter:
(a) International Building Code (The IBC), published by the International Code Council, Inc., and any successor code in such form and with such amendments as may from time-to-time be mandatorily required by state law, whether by action of the legislature or the properly delegated agency thereof;
(b) International Residential Code (The IRC), published by the International Code Council, Inc., and any successor code in such form and with such amendments as may from time-to-time be mandatorily required by state law, whether by action of the legislature or the properly delegated agency thereof;
(c) International Mechanical Code (The IMC), published by the International Code Council, Inc., provided that, the standards for liquified petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquified Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code) and any successor code or standard in such form and with such amendments as may from time-to-time be mandatorily required by state law to any referenced code or standard, whether by action of the legislature or the properly delegated agency thereof;
(d) International Fire Code (The IFC) published by the International Code Council, Inc., including those standards of the National Fire Protection Association specifically referenced in the International Fire Code, and any successor code in such form and with such amendments as may from time-to-time be mandatorily required by state law, whether by action of the legislature or the properly delegated agency thereof; provided that, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles;
(e) Except as provided in R.C.W. 19.27.150, the Uniform Plumbing Code and Uniform Plumbing Code Standards, (The UPC) published by the International Association of Plumbing and Mechanical Officials, and any successor uniform standards which may from time-to-time be mandatorily required by state law, whether by action of the legislature or the properly delegated agency thereof, provided that, any provisions of such codes affecting sewers or fuel gas piping are not adopted;
(f) The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials;
(g) Such rules, regulations, and standards as may from time-to-time be adopted by the State Building Code Advisory Council, pursuant to the authority granted in Chapter 70.92 RCW, establishing standards relating to making buildings and facilities accessible to and usable by physically disabled or elderly persons;
(h) The Washington State Energy Code, as authorized by R.C.W. 19.27A.020, and as promulgated in the Washington Administrative Code, Chapter 51-11, each as now existing or hereafter amended, supplanted, or succeeded;
(i) The Washington State Ventilation and Indoor Air Quality Code, as may from time-to-time be adopted by the State Building Code Advisory Council, pursuant to the authority granted by R.C.W. 19.27.190, as promulgated in the Washington Administrative Code, Chapter 51.13, each as now existing or hereafter amended, supplanted, or succeeded. (Ord. 1475 §1, 2004).
15.04.020 Purpose.
By the adoption of the codes and standards set forth within this chapter, it is the intent and purpose of the city to protect the general health, safety and welfare by establishing minimum standards for the location, design, construction, and occupancy of buildings within the city. It is not the intent, purpose, or result of these adoptions to establish a special duty to any individual or entity, including by way of representation and not by way of limitation, any resident, property owner, or contractor. (Ord. 1475 §2, 2004).
15.04.030 Conflicts between codes.
The following principles shall guide construction of the terms and conditions of the Uniform Codes adopted pursuant to the provisions of this chapter:
In the event of conflict among the codes adopted in Section 15.04.010, the more restrictive or stringent provision shall be deemed controlling. (Ord. 1268 §3, 1988: Ord. 1148 §1, 1981).
15.04.040 International Building Code.
There shall be added to Section 105.2 of the International Building Code entitled "Work exempt from permit," the following provisions:
(a) Roof covering replacement (reroofing), not including the repair or replacement of the roof sheathing or other structural components;
(b) Siding replacement, not including the repair or replacement of structural components;
(c) Window replacement, provided, however, that the replacement does not include structural modifications. Provided further, that replacement windows shall comply with the requirements of the Washington State Energy Code for thermal efficiency; with Section 1025.1, IBC, for emergency egress from sleeping rooms; and with the provisions of Section 2406, IBC for safety glazing. (Ord. 1475 §3, 2004).
15.04.050 International Residential Code.
There shall be added to Section 105.2 of the International Residential Code entitled "Work exempt from permit," the following provisions:
(a) Roof covering replacement (reroofing), not including the repair or replacement of the roof sheathing or other structural components;
(b) Siding replacement, not including the repair or replacement of structural components;
(c) Window replacement, provided, however, that the replacement does not include structural modifications. Provided further, that replacement windows shall comply with the requirements of the Washington State Energy Code for thermal efficiency; with Section 1025.1, IBC, for emergency egress from sleeping rooms; and with the provisions of Section 2406, IBC for safety glazing. (Ord. 1475 §4, 2004).
15.04.070 International Fire Code.
(a) The following section of the International Fire Code shall be deleted:
Section 102.3
(b) Section 307 of the International Fire Code shall be amended to read as follows:
Outdoor burning within the city shall be conducted in accordance with and subject to the provisions of this code and applicable state statutes and regulations.
(c) There shall be added to Section 3301.3.1 of the International Fire Code additional language to read as follows:
Notwithstanding any other provision of this code which might be deemed to authorize such use, no explosives, explosive materials, fireworks, pyrotechnic compositions, pyrotechnic special effects, or pyrotechnic special-effect materials shall be discharged within any building within the city. (Ord. 1475 §§5--7, 2004).
15.04.080 Appeal of decisions.
(a) General. Any appeal allowed by or under any of the codes adopted in Section 15.04.010 and taken from a decision or determination of the responsible enforcement official shall be heard and decided by the hearing examiner serving pursuant to the provisions of Chapter 2.38 of this code. Such city employee as may be designated by the mayor shall act as secretary to the hearing examiner. The hearing examiner may adopt such rules of procedure for conducting business, including the nature of any notices in relation to parties to such hearings as the hearing examiner deems necessary and appropriate and shall render all decisions and findings in the manner required pursuant to the provisions of that chapter.
(b) Limitations Upon Authority. The hearing examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the hearing examiner be empowered to waive requirements of this code.
(c) Preemption. In recognition of the exclusive authority granted to the hearing examiner pursuant to Section 15.04.010, the provisions of any section of any of the codes adopted in Section 15.04.010 relating to an appellate process shall be deemed supplanted to the extent any such section is inconsistent with this section.
(d) Fees and Costs of Appeal. The fee and associated costs, if any, to be paid in order to initiate any appeal to be heard under the provisions of subsection (a) of this section shall be in such amount as may be established by resolution of the council. (Ord. 1475 §8, 2004).
15.04.090 Storage of combustible liquids.
The limits referred to in Section 79.501 of the Uniform Fire Code, as now existing or hereafter amended or succeeded, in which the storage of flammable or combustible liquids is restricted are established as follows:
The storage of Class I, II and III liquids in aboveground storage tanks shall be prohibited within the Montesano city limits.
Exceptions:
(1) Tanks of three hundred gallons or less located on private property and used for heating and cooking fuels in single-family dwellings which contain only Class I or II liquids and which meet applicable fire code standards for the storage of such liquids.
(2) As to the storage of Class I, II or III combustible liquids in aboveground storage tanks outside of a structure to which the use of the liquid is an accessory, the following restrictions shall apply:
(A) The storage tanks shall be two thousand gallons or less.
(B) They shall be permitted only in industrial zoned areas or, in the event of a commercial (C-2) or major purpose use (MPU) zoned area, pursuant to a permit obtained in the same manner, subject to the same conditions, and from the same agency as a conditional use.
(C) The tanks shall be a diked tank only providing for integral sealed secondary containment.
(D) The tanks shall bear an Underwriters Laboratory seal of approval.
(E) It shall be surrounded by reinforced concrete diking and installed on a concrete slab which is not less than six inches thick and provide for no less than two feet separation from the edge of the slab and the side of the tank at all points upon the tank's exterior wall. The diking shall be of no less than six inches in height. The runoff from the diked area shall pass through an improved petroleum/water separator prior to discharge from the site.
(F) It shall be connected to the concrete slab in such manner as to withstand earth movement, such connection to be no less than two tiedowns.
(G) The tanks shall be protected by posts installed in such manner as to deflect or withstand impact from other objects. The posts shall be buried no less than two feet in the ground, be no less than four inches in diameter and five feet in length, with no less than two feet below the surface and no less than three above the surface.
(H) The tanks shall at all times be maintained in a painted condition, such painting either to be consistent with the colors of the surrounding structures, the company color scheme, if any, or the city colors of maroon and gray.
(I) The tanks shall be labeled at all times in the manner required by the Uniform Fire Code or Uniform Building Code and a specific indication as to the flash point of the contents therein.
(J) No more than two tanks may be located upon any user's property pursuant to this exception. (Ord. 1302 §1, 1990: Ord. 1268 §2, 1988).
15.04.100 Fee schedule.
(a) Any fee schedule contained within a code adopted pursuant to Section 15.04.010 of this chapter shall be deemed to be in effect within the corporate limits but shall be deemed to be repealed and supplanted to the extent any such schedule is inconsistent with any fee schedule established by resolution of the city council.
(b) In the event that no fee is established by any code adopted by reference in Section 15.04.010 of this chapter in relation to the issuance of a building permit or any other permit required to be issued by such codes, that fee may be established by resolution of the city council. (Ord. 1475 §10, 2004: Ord. 1317 §1, 1993).