Chapter 17.06
INTERNATIONAL RESIDENTIAL CODE
Sections:
17.06.020 Applicability of the International Residential Code.
17.06.030 Administration and enforcement – Rules and regulations.
17.06.040 Administration and enforcement – Building official authority.
17.06.060 Liability limitations.
17.06.070 Amendments – Additions.
17.06.100 Hearing examiner to function as appeals board.
17.06.010 Title.
This chapter shall be known as the International Residential Code of the city of Oak Harbor. (Ord. 1599 § 4, 2011; Ord. 1514 § 6, 2007).
17.06.020 Applicability of the International Residential Code.
The most recent edition of the International Residential Code published by the International Code Council as adopted by the Washington State Building Code Council under the provisions of Chapter 19.27 RCW and amended herein is in effect in city of Oak Harbor. One copy of the document identified in this section 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. 1660 § 6, 2013; Ord. 1599 § 4, 2011; Ord. 1514 § 6, 2007).
17.06.030 Administration and enforcement – Rules and regulations.
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 § 4, 2011; Ord. 1514 § 6, 2007).
17.06.040 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 Residential Code shall be administered and enforced by the building official of the city. (Ord. 1599 § 4, 2011; Ord. 1514 § 6, 2007).
17.06.050 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 § 4, 2011; Ord. 1514 § 6, 2007).
17.06.060 Liability limitations.
Nothing contained in this chapter or in the International Residential 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 Residential Code. (Ord. 1599 § 4, 2011; Ord. 1514 § 6, 2007).
17.06.070 Amendments – Additions.
The following sections and appendix chapters of the International Residential Code in effect are amended to read as follows:
(1) Appendix chapters H, J, and K of the International Residential Code are hereby adopted.
(2) Section R101.1 is hereby amended to read as follows:
R101.1 Title. These provisions shall be known as the International Residential Code for One and Two-Unit Dwellings of the City of Oak Harbor, and shall be cited as such and will be referred to herein as “this code.”
(3) Section R108.3 is hereby amended to read as follows:
R108.3 Building Permit Valuations:
The applicant for a permit shall provide an estimated permit value at the time of application. Building permit valuations shall include total value of work for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems, including materials and labor. 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 building valuation data fee schedule as published by the International Code Council, adopted herein by reference.
(4) Section R108.5 is hereby amended to read as follows:
R108.5 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.
(5) Section R112 is hereby amended to read as follows:
R112.1 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.
(6) Table R301.2(1) is hereby amended to read as follows:
|
Ground Snow Load |
17 PSF |
|
Wind speed: |
85 MPH |
|
Seismic Design Group: |
D1 |
|
Damage from Weathering: |
Moderate |
|
Frost Line Depth: |
12 Inches |
|
Termite: |
None to Slight |
|
Decay: |
Slight to Moderate |
|
Winter Design Temp: |
27 Degrees |
|
Ice Shield Underlayment: |
No |
|
Air Freezing Index: |
N/A |
|
Mean Annual Temperature: |
50 Degrees |
(7) Section R310.1 is hereby amended to read as follows:
R310.1 Emergency escape and rescue required. Basements and every sleeping room shall have at least one operable emergency and rescue opening. Such opening shall open directly into a public street, public alley, yard or court. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.
Exception: Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m2).
R310.1.1 Minimum opening area.
All emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.530 m2).
Exception: Grade floor openings shall have a minimum net clear opening of 5 square feet (0.465 m2).
R310.1.2 Minimum opening height.
The minimum net clear opening height shall be 24 inches (610 mm).
310.1.3 Minimum opening width.
The minimum net clear opening width shall be 20 inches (508 mm).
310.1.4 Operational constraints.
Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools or special knowledge.
310.1.5 Replacement of Emergency Escape and Rescue Opening. If emergency escape and rescue openings are replaced or renewed, except for glazing replacement or renewal, the opening sizes shall be as required for new construction.
(Ord. 1599 § 4, 2011; Ord. 1514 § 6, 2007).
17.06.080 Penalties.
(1) It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, or utilize a mechanical system, or cause same to be done, in conflict with or in violation of any of the provisions 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, 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 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) and (4) 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 Class 1 infraction as defined in Chapter 1.28 OHMC. (Ord. 1717 § 32, 2015; Ord. 1599 § 4, 2011; Ord. 1514 § 6, 2007).
17.06.090 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 § 4, 2011; Ord. 1514 § 6, 2007).
17.06.100 Hearing examiner to function as appeals board.
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. (Ord. 1599 § 4, 2011; Ord. 1514 § 6, 2007).