Chapter 15.04
BUILDING CODE*
Sections:
15.04.010 Intent and administration.
15.04.040 Permitting exemptions.
15.04.060 Right-of-way improvements required for permit issuance.
15.04.070 Violations and penalties.
* Prior ordinance history: Ords. 343, 389, 391, 397, 408, 475, 497, 502, 537, 653, 664, 707, 761, 774, 829, 839, 911, 950, 1042, 1083, 1106, 1127, 1164, 1173, 1254, 1336, 1391 and 1448.
15.04.010 Intent and administration.
A. The building official or their designee is authorized to perform and oversee the duties required to enforce the technical regulations adopted in this chapter.
B. The purpose of this chapter, also known as the Mukilteo building code, is to:
1. Comply with the State Building Code Act (Chapter 19.27 RCW), the State Energy-Related Building Standards Act (Chapter 19.27A RCW), and the Washington State Energy Code.
2. Enforce the minimum standards set forth in those codes and do nothing beyond what is necessary to comply with the law and make the codes enforceable in the city.
C. The city expressly disclaims any liability for the content or effect of any regulation which the state legislature has mandated that the city adopt and enforce within its limits. (Ord. 1493 § 1 (Exh. A), 2024)
15.04.020 Codes adopted.
A. The city hereby adopts and incorporates the following into this chapter as if set forth in full, except as specifically amended in this chapter:
1. The 2021 Edition of the International Building Code, as published by the International Code Council (ICC), together with the state amendments set forth in Chapter 51-50 WAC, including:
a. Appendix E (Supplementary Accessibility Requirements);
b. ICC/ANSAI A117.1-2017 (Accessible and Usable Buildings and Facilities); and
c. Appendix H (Signs).
2. The 2021 Edition of the International Residential Code, as published by the ICC, together with state amendments as set forth in Chapter 51-51 WAC including:
a. Appendix F (Radon);
b. Appendix Q (Tiny Houses); and
c. Appendix U (Dwelling Unit Fire Sprinkler Systems).
3. The 2021 Edition of the International Mechanical Code, as published by the ICC, together with state amendments as set forth in Chapter 51-52 WAC.
4. The 2021 Edition of the International Fuel Gas Code, 2020 Liquefied Petroleum Gas Code, 2021 National Fuel Gas Code (NFPA 54) as it applies to LP gas installations NFPA 58/ANSI Z223.1, as published by the ICC, together with state amendments as set forth in Chapter 51-52 WAC.
5. The 2021 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), together with state amendments as set forth in Chapter 51-56 WAC, including:
a. Appendix A (Recommended Rules for Sizing the Water Supply System);
b. Appendix B (Explanatory Notes on Combination Waste and Vent Systems); and
c. Appendix I (Installation Standards).
6. The 2021 Edition of the International Swimming Pool and Spa Code, as published by the ICC, together with state amendments as set forth in Chapters 51-50 and 51-51 WAC.
7. The 2021 Edition of the International Energy Conservation Code—Commercial, as published by the ICC, together with state amendments as set forth in Chapter 51-11C WAC, including:
a. Appendix A (Default Heat Loss Coefficients);
b. Appendix B (Default Internal Load Values and Schedules);
c. Appendix C (Exterior Design Conditions);
d. Appendix D (Calculation of HVAC Total System Performance Ratio);
e. Appendix E (Renewable Energy); and
f. Appendix F (Outcome-Based Energy Budget).
8. The 2021 Edition of the International Energy Conservation Code—Residential, as published by the ICC, together with state amendments as set forth in Chapter 51-11R WAC, including:
a. Appendix RA (Optional Energy Efficiency Measures—One Step);
b. Appendix RB (Optional Energy Efficiency Measures—Two Step); and
c. Appendix RC (Outdoor Design Temperatures for Washington).
9. The 2021 Edition of the Existing Building Code, as published by the ICC, together with state amendments as set forth in Chapter 51-50 WAC, including Appendix A (Guidelines for the Seismic Retrofit of Existing Buildings).
10. The 2021 Edition of the International Wildland-Urban Interface Code, as published by the ICC, together with the state amendments set forth in Chapter 51-54A WAC, including:
a. Appendix B;
b. Appendix C; and
c. Appendix D.
B. In the case of a conflict between the codes adopted by subsection A of this section, the more stringent (greater protection) code adopted shall govern.
C. Pursuant to RCW 35A.12.140, the city clerk will file and maintain a copy of each code adopted by this chapter for use and examination by the public. (Ord. 1493 § 1 (Exh. A), 2024)
15.04.030 Code amendments.
A. International Building Code Amendments. The following sections or subsections of the adopted International Building Code are hereby amended as provided below:
1. 101.4.3 Plumbing. The word “Uniform” is substituted for the word “International” in the first sentence. The last sentence is deleted in its entirety.
2. 101.4.6 Energy. The words “Washington State Energy Code” are substituted for “International Energy Conservation Code.”
3. 113 Board of Appeals. All language in Section 113 is hereby deleted and the following is substituted: “Refer to Chapter 2.80 of the Mukilteo Municipal Code.”
B. International Residential Code Amendments. The following sections or subsections of the adopted International Residential Code are hereby amended as provided below:
1. R112 Board of Appeals. All language in Section R112 is hereby deleted and the following is substituted: “Refer to Chapter 2.80 of the Mukilteo Municipal Code.”
2. Exclusion of Chapter 11 and Chapters 25 through 43.
C. International Mechanical Code Amendments. The following sections or subsections of the adopted International Mechanical Code are hereby amended as provided below:
1. 106.5.2 Fees. The words “indicated in the following fee schedule” and the fee schedule following thereafter are hereby deleted and the words “as adopted by resolution” are hereby substituted.
2. 106.5.3 Fee Refunds. In subsections 2 and 3, the words “SPECIFY PERCENTAGE” are deleted and “80%” is substituted.
3. 109 Appeals. All language in Section 109 is hereby deleted and the following is substituted: “Refer to Chapter 2.80 of the Mukilteo Municipal Code.”
D. Uniform Plumbing Code Amendments. The following sections or subsections of the adopted Uniform Plumbing Code are hereby amended as provided below:
1. 104.3.2 Plan Review Fees. The words “at the rate shown in Table 104.5” in the fourth paragraph are deleted and replaced with “as adopted by resolution.”
2. 104.5 Fees. The words “Table 104.5” are hereby deleted and replaced with “as adopted by resolution.”
3. Table 104.5, Fees, is deleted.
4. 104.5.3 Fee Refunds. The words “a percentage” in 104.5.3 number 2 are hereby deleted and replaced with “80%.”
5. Exclusion of Chapters 12 and 14. (Ord. 1493 § 1 (Exh. A), 2024)
15.04.040 Permitting exemptions.
A. Exemptions From Building Permits. The following do not require a building permit but are still subject to applicable safety standards and may require environmental or land use permit review:
1. Residential accessory structures two hundred square feet or smaller, provided:
a. The structure is one-story, detached and not used for habitable space;
b. The sidewalls do not exceed eight feet in height measured from the lowest floor;
c. The eaves extend a maximum of twenty-four inches past exterior walls and comply with applicable fire separation distance from other structures and lot lines;
d. The structure is unheated; and
e. Any plumbing installations must obtain proper permits.
2. Commercial accessory structures one hundred twenty square feet or smaller, provided:
a. The structure is one-story, detached and not used for habitable space;
b. The sidewalls do not exceed eight feet in height measured from the lowest floor;
c. The eaves extend a maximum of twenty-four inches past exterior walls and comply with applicable fire separation distance from other structures;
d. The structure is unheated; and
e. Any plumbing installations must obtain proper permits.
3. Residential decks not exceeding two hundred square feet and not more than thirty inches above grade at any point, provided they are not over any basement or story below, and are not part of an accessible route of travel.
4. Fences not over seven feet tall, provided they do not have masonry or concrete elements above six feet.
5. Retaining walls not over four feet in height, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
6. Sidewalks and driveways.
7. Prefabricated swimming pools accessory to R-3 occupancies that are less than twenty-four inches deep, installed entirely above ground, and not more than five thousand gallons.
8. Swings and other playground equipment accessory to single-family residential uses.
9. Residential window awnings accessory to R-3 occupancies that do not project more than fifty-four inches from the exterior wall, and do not require additional support.
10. Flag and light poles that do not exceed twenty feet in height.
11. Movable fixtures, cases, racks, counters and partitions not over five feet nine inches in height.
12. Finish work such as painting, papering, tiling, carpeting and installing of cabinets or counter tops.
13. Temporary, one-story jobs shacks, intermodal containers, trailers or other temporary offices placed at the job site during construction, provided they are removed upon final approval of construction.
B. Exemptions From Mechanical and Gas Permits.
1. Portable heating, ventilation, cooling appliances, and evaporative coolers.
2. Fuel-fired cooking or clothes drying appliances.
3. Portable fuel cell appliances that are not connected to a fixed piping system or power grid.
4. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
5. Self-contained refrigeration systems containing ten pounds or less of refrigerant or with motors one horsepower (seven hundred forty-six watts) or less.
C. Exemptions From Plumbing Permits.
1. The stopping of leaks in drains, water, soil, waste, or vent pipes does not require a permit. However, removal or replacement of materials in a concealed trap, drain pipe, water, soil, waste or vent pipe is new work and a permit and inspection are required.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets when such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. (Ord. 1493 § 1 (Exh. A), 2024)
15.04.050 Fees.
Fees shall be as set forth by city council resolution. (Ord. 1493 § 1 (Exh. A), 2024)
15.04.060 Right-of-way improvements required for permit issuance.
See Chapter 12.06. (Ord. 1493 § 1 (Exh. A), 2024)
15.04.070 Violations and penalties.
A. Violations of this chapter shall constitute a gross misdemeanor and be subject to the provisions contained in Chapter 1.32, General Penalties. In addition to the criminal penalties provided for in this section, the city may, in its discretion, commence a civil action to compel compliance with the provisions of this chapter, or any code adopted by this chapter, in any court of competent jurisdiction. In addition, any such violation or failure to comply shall constitute a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto.
B. Notwithstanding any other provision of this chapter, or of any of the codes of technical regulations adopted herein, or of any other city ordinance, the city may immediately arrest violators and/or institute immediate criminal enforcement action against any person, firm or corporation violating any of the provisions or failing to comply with any of the requirements of this chapter, or any code of technical regulations adopted herein, or violating or failing to comply with any stop work order or other lawful order of the building official. (Ord. 1493 § 1 (Exh. A), 2024)