Chapter 17.05
INTERNATIONAL BUILDING CODE
Sections:
17.05.015 Applicability of the International Building Code.
17.05.020 Administration and enforcement – Rules and regulation.
17.05.025 Administration and enforcement – Building official authority.
17.05.035 Building permit – Additional charge.
17.05.050 Liability limitations.
17.05.060 Amendments – Additions.
17.05.120 Hearing examiner to function as appeals board.
17.05.010 Title.
This chapter shall be known as the International Building Code of the city of Oak Harbor. (Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.015 Applicability of the International Building Code.
The most recent edition of the International Building Code as adopted by the Washington State Building Code Council under the provisions of Chapter 19.27 RCW and as amended herein is in effect as the city’s building code. A copy shall be filed in the office of the city clerk for examination by the public. The copy of codes on file may be placed by the city clerk in the custody of the office of the building official in order to make them more readily available for inspection and use by the general public. (Ord. 1770 § 2, 2016; Ord. 1660 § 2, 2013; Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.020 Administration and enforcement – Rules and regulation.
The city council may, upon notice and hearing, promulgate, adopt, and issue those rules and regulations necessary for the effective and efficient administration of this code. (Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.025 Administration and enforcement – Building official authority.
The building official of the city shall be deemed to be the “building official” as defined in the International Building Code. The International Building Code shall be administered and enforced by the building official of the city. (Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.030 Permit fees.
The city of Oak Harbor hereby adopts the following fee schedule for the building code:
(1) Building Permit Fees Adopted. For determining the value of a structure, the most current issue of the Building Safety Journal Magazine, which offers the square foot construction costs table as published by the International Code Council, is adopted by reference.
(2) Plan Review Fees Adopted. When submittal documents are required by the International Building Code Section 107, a plan review fee shall be paid at the time the building permit application is submitted.
No building permit shall be issued until all fees are paid. Unpaid fees will be collected up to the fullest extent allowed by law and may be assigned to collections and processed pursuant to Chapter 3.96 OHMC. The said plan review fee shall be 65 percent of the building permit fee as determined in Table 17-1 listed in the master fee schedule adopted by resolution of the city council. The plan review fees specified are separate fees from the permit fees and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee shall be charged at the rate shown in Table 17-2 listed in the master fee schedule adopted by resolution of the city council.
(3) International Property Maintenance Code. A fee for an on-site compliance inspection by the building official or his representative shall be as set forth by Table 17-2, Miscellaneous Building Inspection Fees, listed in the master fee schedule adopted by resolution of the city council. Upon such application and payment of the fee herein provided the building official shall notify the applicant of the date and time of the inspection.
(4) Uniform Swimming Pool, Spa and Hot Tub Code. The fees for swimming pools, spas, and hot tubs shall be as set forth in Table 17-5, Plumbing Permit Fees, listed in the master fee schedule adopted by resolution of city council.
(5) International Energy Conservation Code, Residential. A fee for an on-site compliance inspection by the building official or his representative shall be as set forth by Table 17-2, Miscellaneous Building Inspection Fees, listed in the master fee schedule adopted by resolution of the city council. Upon such application and payment of the fee herein provided the building official shall notify the applicant of the date and time of the inspection.
(6) International Energy Conservation Code, Commercial. A fee for an on-site compliance inspection by the building official or his representative shall be as set forth by Table 17-2, Miscellaneous Building Inspection Fees, listed in the master fee schedule adopted by resolution of the city council. Upon such application and payment of the fee herein provided the building official shall notify the applicant of the date and time of the inspection. (Ord. 1976 § 1, 2023; Ord. 1911 § 1, 2020; Ord. 1838 § 1, 2018; Ord. 1696 § 75, 2014; Ord. 1660 § 3, 2013; Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.035 Building permit – Additional charge.
(1) An additional charge per the master fee schedule adopted by resolution of the city council shall be added to the cost of a building permit and an additional surcharge per the master fee schedule adopted by resolution of the city council per residential unit on buildings with more than one unit for purposes of paying fees required by RCW 19.27.085 as now in effect or hereafter amended.
(2) The funds collected under subsection (1) of this section shall be held by the city treasurer and transmitted to the state as required by law. (Ord. 1696 § 76, 2014; Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.040 Notices.
It is unlawful for any person to remove, mutilate, destroy or conceal any lawful notice issued or posted by the building official pursuant to the provisions of this code. (Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.050 Liability limitations.
Nothing contained in this chapter or in the International Building Code is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of a building to conform to the provisions of the International Building Code. (Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.060 Amendments – Additions.
The following sections and appendix chapters of the International Building Code as adopted in OHMC 17.05.015 are amended to read as follows:
(1) Appendix Chapters F, G, I and J of the International Building Code are hereby adopted.
(2) Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Building Code of the City of Oak Harbor, Washington hereinafter referred to as “this code”.
(3) Section 101.4.3 is hereby amended to read as follows:
101.4.3 Plumbing. The provisions of the City of Oak Harbor Plumbing Code as adopted by the Oak Harbor Municipal Code Chapter 17.12 shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of medical gas system. The provisions of the State of Washington requirements for private sewage disposal shall apply to private sewage disposal systems.
(4) Section 101.4.4 is hereby amended to read as follows:
101.4.4 Property Maintenance. The provisions of the City of Oak Harbor Property Maintenance Code as adopted by Oak Harbor Municipal Code Chapter 17.22 shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards, responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
(5) Section 101.4.6 is hereby amended to read as follows:
101.4.6 Energy. The provisions of the International Energy Conservation Code, Residential and the International Energy Conservation Code, Commercial as adopted by Oak Harbor Municipal Code Chapter 17.15 and Chapter 17.16 shall apply to all matters governing the design and construction of buildings for energy efficiency.
(6) Section 101.4.7 is hereby added to read as follows:
101.4.7 Electrical. The provisions of the National Electrical Code as set forth in the Washington Administrative Code Chapter 296-46B as regulated and enforced by State of Washington Labor & Industries, Electrical Division shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
(7) Section 101.4.8 is hereby added to read as follows:
101.4.8 Existing Buildings. The provisions of the International Existing Building Code, as adopted by Oak Harbor Municipal Code Chapter 17.08 shall apply to all matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
(8) Section 105.2 is hereby amended to read as follows:
105.2 Work exempt from permit. 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 other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2).
2. Fences not over 7 feet (1829 mm) high.
3. Oil derricks.
4. 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 (provided the wall is set back from any adjacent property lines or structures a distance at least equal to the height of the wall and the material retained slopes 1 vertical to 2 horizontal (or less) up and away from the wall), unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18925 L) and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in group R-3 and U occupancies 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.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
(9) Section 105.3.1.1 is hereby added to read as follows:
105.3.1.1 Prerequisites for Issuance of Permit.
The Building Official shall determine whether the following requirements have been met prior to issuance of a permit:
1. Any requirements or regulations imposed on a project as a condition of a land use approval process;
2. Any requirements or regulations imposed on a project as a condition of the site civil process;
3. Any transportation, school, parks or other mitigation or impact fees are paid as adopted by Oak Harbor Municipal Code Sections 11.32 or 19.48 respectively;
4. Approval of Design Review as required by Oak Harbor Municipal Code for Design Guidelines and Regulation as required by Title 19.
5. Compliance with the State Environmental Policy Act, as adopted by Oak Harbor Municipal Code Title 20.
6. Compliance with the Flood Management requirements as adopted by Oak Harbor Municipal Code Title 12 and Title 20.
7. Compliance with environmentally Critical Areas Protection requirements as required by Oak Harbor Municipal Code Title 20.
(10) Section 105.3.2 is hereby amended to read as follows:
105.3.2 Expiration.
(1) Every permit issued shall expire two years from the date of issuance. The Building Official is authorized to approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit issuance.
(2) Every permit may be renewed for a period of one year beyond the original expiration date for an additional fee equal to 50% of the original permit fees as long as no changes have been made to the originally approved plans and new building codes have not been adopted. Renewals must be applied for prior to the expiration date of the original permit. Impact fees and utility connection charges will not be required to be paid more than once. No permit shall be renewed more than once.
(11) Section 107.1 is hereby amended to read as follows:
107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. All plans for construction, erection, enlargement, alteration or repairs of building or structures 4,000 square feet or over shall be designed, prepared and stamped by an architect or engineer licensed by the state of Washington.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
(12) Section 109.3 is hereby amended to read as follows:
109.3 Building permits valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. The valuation for commonly built structures shall be determined by the most current issue of the Building Safety Journal, which offers square foot construction costs table as published by the International Code Council, adopted herein by reference.
(13) Section 109.6 is hereby amended to read as follows:
109.6 Refunds. The building official is authorized to establish a refund policy. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.
(14) Section 111.5 is hereby added to read as follows:
111.5 Violation of requirements for certificate of occupancy. The City Council affirms that the issuance of any certificate of occupancy is of vital importance in the safeguarding of life safety, property safety and health of occupants of any structure; and further, that the enforcement of all city development regulations is of vital importance to the city’s economic vitality and the public good. Any person allowing a building to be occupied without a certificate of occupancy first being issued as required by this Chapter shall be subject to the civil penalty provisions of the Oak Harbor Municipal Code Section 17.05.090.
(15) Section 113 is hereby amended to read as follows:
113.1 Board of Appeals. All references to the term “board of Appeal(s)” shall deem to mean the Hearing Examiner as per OHMC 18.40.180. Permits under this chapter shall be Type I review process as per OHMC 18.20.230. Appeals of decisions of applicable codes adopted under this chapter shall be to the hearing examiner.
(16) Section 202 is hereby amended to read as follows:
GRADE PLANE. A referenced plane representing the average of the finished ground level, adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 10 feet from the building between the structure and a point 10 feet from the building.
(17) Section 3201.5 is hereby added to read as follows:
3201.5 Right-of-Way Permits. A permit is required for any construction, alteration, repair, move, demolish, replace, use or encroachment into the public right-of way as determined by the City Engineer.
(18) Appendix Section J103.1 is hereby amended to read as follows:
J103.1 Permits Required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefor from the City Engineer. A grading permit does not include the construction of retaining walls or other structures.
(19) Appendix Section J104.3 is hereby amended to read as follows:
J104.3 Geotechnical report.
A geotechnical report prepared by a registered design professional shall be provided. The report shall contain the following:
1. The nature and distribution of existing soils;
2. Conclusions and recommendations for grading procedures;
3. Soil design criteria for any structures or embankments required to accomplish the proposed grading; and
4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology.
Exception; A geotechnical report is not required where the building code official or city engineer determines that the nature of the work applied for is such that a report is not necessary.
(20) Appendix J106.1 is hereby amended to read as follows:
J106.1 Maximum slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than 2 horizontal to 1 vertical (50 percent) unless the applicant furnishes a soils report justifying a steeper slope.
Exceptions:
1. A cut surface may be at a slope of 1.5 horizontal to 1 vertical (67 percent) provided that all the following are met:
1.1 It is not intended to support structures or surcharges.
1.2 It is adequately protected against erosion.
1.3 It is no more than 8 feet (2438 mm) in height.
1.4 It is approved by the city engineer.
1.5 Ground water is not encountered.
2. A cut surface in bedrock shall be permitted to be at a slope of 1 horizontal to 1 vertical (100 percent).
(21) Appendix J108.3 is hereby amended to read as follows:
J108.3 Slope protection. Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the city engineer, shall be included. Such protection may include but shall not be limited to:
1. Setbacks greater than those required by Figure J108.1.
2. Provisions for retaining walls or similar construction.
3. Erosion protection of the fill slopes.
4. Provision for the control of surface waters.
(22) Appendix J109.3 is hereby amended to read as follows:
J109.3 Interceptor Drains. Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet, measured horizontally. They shall have a minimum depth of 1 foot and a minimum width of 3 feet. The slope shall be approved by the city engineer, but shall not be less than 50 horizontal to 1 vertical. The drain shall be paved with concrete not less than 3 inches in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the city engineer.
(Ord. 1976 § 2, 2023; Ord. 1770 § 3, 2016; Ord. 1660 § 4, 2013; Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.090 Penalties.
(1) It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter or the technical codes.
(2) Civil Violation. Except as provided in subsections (4) and (5) of this section, any violation of any of the provisions of this chapter or of the technical codes constitutes a Class 1 infraction as defined in Chapter 1.28 OHMC.
(3) Criminal Penalty. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who intentionally or knowingly violates any of the provisions of this chapter or the technical codes shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine of up to $1,000 or a jail sentence of up to 90 days in jail, or both such fine and jail time.
(4) Violations of Orders under This Chapter. Any person constructing, repairing, operating, maintaining, changing an occupancy, occupying or moving a building, structure, occupancy, or premises contrary to the provisions of this chapter or who continues to construct, repair, operate, maintain, change occupancy, occupy or move such building, structure, occupancy or premises when ordered by the building official to desist from violating a provision or provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of up to $1,000 or a jail sentence of up to 90 days, or both such fine and jail time.
(5) Separate Offense. Each day or portion thereof upon which a violation occurs constitutes a separate offense under subsections (1), (2), (3), (4) and (5) of this section.
(6) Destruction of Notice. It shall be unlawful for any person to remove, mutilate, destroy or conceal any notice issued and posted by the building official pursuant to the provisions of this chapter or the building code, which violations shall be a civil offense as described in subsection (2) of this section. (Ord. 1717 § 31, 2015; Ord. 1660 § 5, 2013; Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.110 Severability.
Should any section, paragraph, sentence or word of this chapter or codes hereby adopted be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter and of the codes hereby adopted independent of the elimination herefrom of any such portions as may be declared invalid and accordingly such declaration of invalidity shall not affect the validity of this chapter as a whole nor any part hereof other than the part so declared to be invalid. (Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).
17.05.120 Hearing examiner to function as appeals board.
Permits under this chapter shall be Type I review process. Appeals of decisions of codes adopted under this chapter shall be to the hearing examiner. References to the board of appeals shall be to the hearing examiner. (Ord. 1599 § 3, 2011; Ord. 1514 § 4, 2007).