Chapter 17.16
INTERNATIONAL ENERGY CONSERVATION CODE, COMMERCIAL PROVISIONS
Sections:
17.16.020 Applicability of International Energy Conservation Code, Commercial Provisions.
17.16.030 Administration and enforcement – Rules and regulations.
17.16.040 Administration and enforcement – Building official authority.
17.16.060 Liability limitations.
17.16.090 Hearing examiner to function as appeals board.
17.16.010 Title.
This chapter shall be known as the International Energy Conservation Code, Commercial Provisions, of the city of Oak Harbor. (Ord. 1660 § 11, 2013).
17.16.020 Applicability of International Energy Conservation Code, Commercial Provisions.
The most recent version of the International Energy Conservation Code, Commercial Provisions, as adopted by the Washington State Building Code Council under the provisions of Chapter 19.27A RCW, is in effect in the city of Oak Harbor and shall be the city’s energy code. One copy of the International Energy Conservation Code, Commercial Provisions, 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 § 11, 2013).
17.16.030 Administration and enforcement – Rules and regulations.
The city council may upon notice and hearing promulgate such rules and regulations as may be necessary to the effective and efficient administration of the code. (Ord. 1660 § 11, 2013).
17.16.040 Administration and enforcement – Building official authority.
The International Energy Conservation Code, Commercial Provisions, shall be administered and enforced by the city building official. (Ord. 1660 § 11, 2013).
17.16.050 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. 1660 § 11, 2013).
17.16.060 Liability limitations.
Nothing contained in this chapter or in the International Energy Conservation Code, Commercial Provisions, 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 Energy Conservation Code, Commercial Provisions. (Ord. 1660 § 11, 2013).
17.16.070 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 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 § 36, 2015; Ord. 1660 § 11, 2013).
17.16.080 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. 1660 § 11, 2013).
17.16.090 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. 1660 § 11, 2013).