Chapter 14.04
BUILDING CODES
Sections:
14.04.020 Standard codes adopted.
14.04.040 Other code amendments.
14.04.050 Administration and enforcement official.
14.04.060 Compliance required.
14.04.080 Platting deemed insufficient—When.
14.04.120 Investigation fees—Work without a permit.
14.04.010 Short title.
This chapter shall be known as the building code of the city of Othello. (Ord. 946 § 2 (part), 1995).
14.04.020 Standard codes adopted.
(a) Pursuant to Chapters 19.27 and 35A.12 RCW, the State Building Code is established. The following appendices to the State Building Code are adopted for use within the city:
(1) The following International Building Code appendices:
(A) Appendix A (Employee Qualifications);
(B) Appendix I (Patio Covers); and
(C) Appendix J (Grading).
(2) The following International Residential Code appendices:
(A) Appendix H (Patio Covers); and
(B) Appendix M (Home Day Care).
(3) Appendix E (R.V. Parks) to the Uniform Plumbing Code, most recent edition.
(4) International Fire Code, Appendices B (Fire Flow), C (Hydrants), and D (Access).
(b) Additionally, the following codes are adopted. Those codes and the State Building Code are to be administered, subject to the modifications and/or amendments set forth in Sections 14.04.030 and 14.04.040:
(1) The Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials, most current edition;
(2) The Uniform Housing Code published by the International Conference of Building Officials, most current edition;
(3) The International Existing Building Code published by the International Code Council, most current edition;
(4) The International Property Maintenance Code published by the International Code Council, most current edition.
In case of conflict among the codes enumerated in subsections (b)(1), (2), (3) and (4) of this section, the first named code shall govern over those following. (Ord. 1535 § 1 (part), 2019: Ord. 1243 § 1 (part), 2007: Ord. 946 § 2 (part), 1995).
14.04.030 Amendments.
The following amendments to the State Building Code are adopted and apply within this jurisdiction:
(a) Section 105.2(1) of the IRC is amended to read as follows:
One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet.
(b) Section 113 of the IBC and Section R112 of the IRC are replaced with the following:
Sec 113/112.1 (a) General. All references to a Board of Appeals in this code are replaced with references to the city’s Hearing Examiner. The Hearing Examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. The Hearing Examiner shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
(b) Limitations of 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) There are created new Sections 117 to the IBC and the IRC to provide as follows:
117. No person shall move any existing building or structure within or into the City without first obtaining from the Planning Department a relocation permit and a building permit. No person shall effect any demolition of any building or structure or any part thereof which is not exempted by Section 105.2 of the International Building Code without first obtaining from the Planning Department a demolition permit.
(d) There are created new Sections 118 to the IBC and the IRC to provide as follows:
118. Manufactured Structures.
118.1 Manufactured Home or Mobile Home Placement Permit: No person, firm, or corporation as the owner, buyer, or vendor of a manufactured home or as manufactured home park management shall cause or permit any manufactured home to be located, placed or set within the corporate limits of the city without first having secured a proper manufactured home placement permit.
118.2 Manufactured Accessory Structures. Manufactured structures over 200 square feet in Residential Zones and over 120 square feet in Commercial or Industrial Zones shall be required to obtain a placement permit. Manufactured accessory structures shall meet building codes and zoning codes. A manufactured accessory structure shall not be used as a dwelling.
(e) Section 107.0 of the Uniform Plumbing Code is replaced with the following new subsection:
107.0 Appeals. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Othello. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city. 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.
(f) Notwithstanding any provision of the International Building Code or the International Residential Code to the contrary, a certificate of occupancy must be issued or deemed to have been issued by the building official prior to the use or occupancy of any building, residential, commercial or industrial. The building official may or may not actually issue a certificate of occupancy, but all conditions precedent to the issuance of such a certificate are prerequisites to the occupancy of a structure. The failure to obtain a certificate of occupancy shall be grounds for the termination of all utility services to any structure in violation of this requirement. It shall not be deemed to be compliance with the requirement to obtain a certificate of occupancy to have substantially complied with a building permit or other conditions related to the building, remodeling or occupancy of a structure. The building official shall determine when a structure is eligible to be issued a certificate of occupancy. If a structure owner disputes the building official’s decision not to issue a certificate of occupancy, that owner may appeal to the hearing examiner. Such appeal must be in writing and within ten days of the determination of the building official. Any building which is occupied without a certificate of occupancy shall not be permitted to receive city services. The water service shall be terminated. If any occupancy or use continues after termination of the water service, the public works director may terminate the sewer service of the structure by physically disconnecting the lateral from the sewer main. Any costs to reestablish water or sewer service to the building shall be the responsibility of the property owner. The city shall provide notice, oral or written, to any tenant, or if there is no tenant an attempt shall be made to provide notice, oral or written, to the owner prior to termination of water service. Any person who wishes to contest this termination of utility services may appeal to the city administrator. The city administrator, or the administrator’s designee, shall conduct a hearing on the matter within three business days.
(g) The roof snow load for purposes of the building code is determined to be thirty pounds per square foot. Ice shield is required on all eaves plus two feet up the roof slope when over an exterior wall.
(h) International Fire Code, Sections 503.1.1, 503.1.2, 503.1.3, 503.3.2, 503.3, and 503.4 (fire lanes) are adopted and apply in this jurisdiction. A new Section 506.3 of the International Fire Code shall be adopted to read:
An approved key box shall be required for an existing building undergoing a remodel, upgrade, or change of use, that has a fire protection system, fire alarm system, or when deemed necessary by the fire code official.
(i) Section 109.4 of the International Fire Code is amended to provide:
109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a civil infraction, subject to a civil penalty of one thousand dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. 1535 § 1 (part), 2019: Ord. 1243 § 1 (part), 2007: Ord. 1157 § 1, 2003; Ord. 999 § 1, 1997: Ord. 946 § 2 (part), 1995).
14.04.040 Other code amendments.
The following amendments to the various codes adopted in Section 14.04.020 are adopted and apply within this jurisdiction:
(a) Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is replaced with the following new subsection:
205. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Othello. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 501 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
(b) Section 701.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
701.2 Failure to Obey Order. If, after any order of the building official or board of appeals made pursuant to this code has become final, the person to whom such order is directed, shall fail, neglect or refuse to obey such order, the building official may (i) cause such person to be prosecuted under Section 701.1 or (ii) institute any appropriate action to abate such building as a public nuisance. For purposes of enforcement under (B) (ii) of this section, the abatement provisions of either RCW Chapter 7.48 or RCW Chapter 35.80 may be employed by the city. Any costs incurred by the city in such abatement shall become a lien against the property where the building is located as provided in RCW 35A.60.010.
(c) Section 203(1) of the Uniform Housing Code is replaced with the following new subsection:
203(1). All references in this Code to the Housing Advisory and Appeals Board shall be deemed to refer to the Hearing Examiner of the City of Othello. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 1201 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
(d) Section 108 of the International Fire Code is replaced with the following new subsection:
108. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Othello. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 108 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
(e) Section 109 of the International Mechanical Code is replaced with the following new subsection:
109. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Othello. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 109 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
(f) Section 112 of the International Existing Building Code is replaced with the following new subsection:
112. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Othello. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 112 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
(g) There is created a new Section 1303 of the International Existing Building Code to read as follows:
1303.1 Except as otherwise provided in this chapter there shall not be issued a relocation permit for any building or structure which is included within any one or more of the following categories:
1. So constructed or in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects, and electrical wiring or other substantial hazard to the persons who occupy or enter said building after relocation;
2. Infested with rats or other vermin, or the wood members of which are infested with rot, decay or insects;
3. So unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy said building after relocation, or, if not intended for occupancy by human beings, would make it unsuitable for its intended use;
4. In such condition or of a type, character, size or value, and is so inharmonious with other buildings in the neighborhood of the relocation site that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements in the district into which the building is to be relocated;
5. The proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of this city;
6. The building, structure or relocation site does not conform to all applicable provisions of law or ordinance.
1303.2 Application for Relocation Permit: Every application for a relocation permit shall be in writing upon a form furnished by the Planning Department, and shall set forth such information as may reasonably be required in order to carry out the purposes of this chapter. Such information may include but is not limited to:
1. A report of a pre-move inspection and investigation of the structure by the Planning Department;
2. Photographs of the building or structure to be moved;
3. Report from a licensed pest control contractor stating the condition of the building as to pest infestation;
4. Report from a registered engineer or architect stating the structural condition of the building and clearly indicating the steps to be taken to preserve/enhance said condition.
1303.3 Correction of Defects Before Issuance of Permit: If the building or structure to be moved fails to meet any of the standards set forth in this chapter, but it appears to the Building Official that the deficiencies can be corrected, the permits shall be issued only on condition that all deficiencies be corrected prior to the building being moved.
1303.4 In order to determine any matter regarding relocation of a building or structure, the Building Official may cause any investigation to be made which he/she believes necessary.
1303.5 Terms and Conditions of Issuance: In granting a relocation permit, the Building Official may impose such terms and conditions as are necessary, in the opinion of the Building Official, to ensure that its relocation will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which the building is to be moved, including, but not limited to, changes, alterations, additions or repairs to the building or structure.
1303.6 Application Fee: The fee for relocation investigation service shall be a one hundred fifty dollar ($150) base fee, plus twenty-five dollars ($25) for every ten (10) miles distance, or increment thereof, outside city limits.
1. In the event a building permit is issued for a relocated building, the fees for the building permit and plan review shall be based upon the total value of the building or structure at its relocated site, using the same valuation formula as used for new residential construction.
1303.7 Expiration: A relocation permit shall expire and become null and void if the moving of the building or structure onto a permanent foundation is not completed within ninety (90) days from the date of issuance of the permit.
1303.8 Debris and Excavations: It shall be the duty of any person to whom any permit is issued for the demolition or removal of any building or any section or portion of any building pursuant to the provisions of Chapter 14.04, and of any person leasing, owning, or occupying or controlling any lot or parcel of ground from which a building is removed or demolished, to remove all demolition rubble and loose miscellaneous material from such lot or parcel of ground, to properly cap the sanitary sewer connections, and to properly fill or otherwise protect all basements, cellars, septic tanks, wells and other excavations, within thirty (30) days after the house is raised from the foundation.
1. An inspection after the work is completed will be required.
1303.9 Relocation bond – Required: No relocation permit required by Chapter 14.04 shall be issued by the Planning Department unless the applicant therefore first posts a bond, in a form approved by the City Attorney, executed by the owner of the premises where the building or structure is to be located as principal, and a surety company authorized to do business in the State as surety. The bond shall be in form joint and several, shall name the city as obligee, and shall be in an amount equal to one hundred fifty percent (150%) of the work required to be done in order to comply with all the conditions of such relocation permit as such cost is established by the Building Official. In lieu of a surety bond, the applicant may post a bond executed by the owner as principal and which is secured by a deposit in cash in the amount specified above with a banking or escrow agent acceptable to the city, and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called a “cash bond” for the purposes of Chapter 14.04.
1303.10 Relocation bond – Conditions: Every bond posted pursuant to Chapter 14.04 shall be conditioned as follows:
1. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official;
2. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within ninety (90) days after the date said building is moved to the new location. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient cause by the Building Official. No such extension of time shall be valid unless written, and no such extension shall release any surety upon any bond.
1303.11 Relocation bond – Default in performance of conditions:
1. Whenever the Building Official finds that a default has occurred in the performance of any term or condition of any permit required by Chapter 14.04, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the city the full amount of the approved bond. Upon receipt of such funds, the Building Official shall proceed by such mode as he deems convenient to cause the building or structure to be demolished and to clear, clean and restore the site to a natural condition, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor.
2. When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, to demolish the building or structure and to clear, clean and restore the site to a natural condition.
1303.12 Relocation Bond – Refund of Surplus on Termination: The term of each bond posted pursuant to Chapter 14.04 shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the relocation permit required by this section and release of the bond by the Building Official. Such completion and release shall be evidenced by a statement thereof signed by the Building Official, a copy of which will be sent to the surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or his successors or assignees upon the termination of the bond, except any portion thereof that may have been used or deducted as provided elsewhere in Chapter 14.04.
(Ord. 1535 § 1 (part), 2019: Ord. 1243 § 1 (part), 2007: Ord. 946 § 2 (part), 1995).
14.04.050 Administration and enforcement official.
The State Building Code and this code shall be administered and enforced by the building official of the city of Othello. Those portions of the International Fire Code adopted by the State Building Code shall be enforced by the fire chief of the department providing fire suppression services to the city. (Ord. 1243 § 1 (part), 2007: Ord. 946 § 2 (part), 1995).
14.04.060 Compliance required.
It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of the State Building Code or this chapter. (Ord. 946 § 2 (part), 1995).
14.04.070 Unplatted areas.
Building permits shall be issued only for structures located within recorded plats except as provided in this chapter.
(a) Building permits may be issued in unplatted areas, only in the following cases:
(1) Remodeling of an existing building which conforms to the current zoning; and provided further, that notwithstanding the provisions of subsection (b) of this section, the building official may issue a building permit for a remodel which does not increase the size of the existing structure by more than five percent and where the fair market value of the remodel or addition does not exceed twenty-five percent of the assessed value of the building and land;
(2) Construction of a temporary structure; or
(3) For the construction of buildings on lots designated in an approved preliminary plat subject to proof of fire protection and approved construction drawings. Proof of fire protection of combustible materials shall be established by location of the proposed structure within three hundred feet of an approved fire hydrant and existence of a street of no less than twenty feet in width improved with no less than six inches of gravel base. No building so constructed shall be occupied or be entitled to receive city water, sewer or other utilities until:
(A) The plat where the building is located has been fully approved by the city council and filed with the Adams County auditor; and
(B) Construction and acceptance by the city of all utilities and improvements to serve the building.
(b) No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of Chapter 58.17 RCW or the platting ordinances and regulations of the city. No building permit or other development permit shall be issued for any unplatted property not otherwise permitted to be issued a building permit unless the city council finds that the public interest will not be adversely affected by the issuance of such a permit. The standards to determine if the public interest will be adversely affected includes but is not limited to consideration of the installation or existence of adequate sewer and water, conformance to lot size requirements, existence of street, sidewalk and curb improvements, all as respects the proposed building site and the surrounding area. The council may condition the issuance of a building permit on unplatted land on the installation or completion of such utility, street and sidewalk improvements as the council upon recommendation of staff shall deem appropriate. The council shall make the grant of the privilege to build on unplatted land personal to the applicant and such privilege shall expire if a building permit is not obtained within thirty days of the adoption of the resolution provided for herein. The council shall only direct the issuance of such a permit by a resolution of the council. (Ord. 1535 § 1 (part), 2019: Ord. 1114 § 1, 2001: Ord. 946 § 2 (part), 1995).
14.04.080 Platting deemed insufficient—When.
Property located within the city which is presently platted and which property was platted without the extension or of provision of city water, city sewer, storm sewer, curb, sidewalk, streets or other improvements through some or all the lots of the plat shall be deemed to be unplatted for purposes of the issuance of any development permit or building permit. Any lot so affected shall be permitted to develop and a building permit will be issued upon the installation of city water, city sewer, storm drains, curbs, sidewalks, streets and other improvements to community standards, including fire protection devices, or upon the posting of security in an amount approved by the city, which is equal to the estimated cost of the extensions and/or improvements remaining to be installed through the lot, in a form acceptable to the city attorney to insure the construction of the required improvements and extensions at the same time as construction of the building for which the building permit was issued or at the time of the improvement of the affected lot. (Ord. 946 § 2 (part), 1995).
14.04.090 Violation—Penalty.
Notwithstanding the provisions of the State Building Code, any person, firm or corporation violating any of the provisions of the State Building Code or this chapter is deemed to have committed a civil infraction punishable by a penalty of one thousand dollars together with all penalties and assessments. (Ord. 946 § 2 (part), 1995).
14.04.100 Fee refunds.
The building official may authorize the refunding of:
(a) One hundred percent of any fee erroneously paid or collected.
(b) Up to eighty percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
(c) Up to eighty percent of the plan review fee paid when an application for a permit for which a plan review fee 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 one hundred eighty days after the date of fee payment. (Ord. 1243 § 2 (part), 2007).
14.04.110 Fees.
All fees for permits issued pursuant to this chapter shall be established by a resolution of the city council unless otherwise provided for in this code. (Ord. 1243 § 2 (part), 2007).
14.04.120 Investigation fees—Work without a permit.
(a) Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
(b) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the resolution adopting fees for permit issued pursuant to this chapter. This fee is an additional, punitive fee and shall not apply to any permit fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a permit for continued development of that project. If the work done remains illegal for ninety days after service of the stop work order, it shall be considered hazardous.
(c) Payment. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (Ord. 1243 § 2 (part), 2007).