Chapter 15.20
BUILDING CODES
Sections:
15.20.020 Standard codes adopted.
15.20.040 Other code amendments.
15.20.050 Administration and enforcement official.
15.20.060 Compliance required.
15.20.080 Platting deemed insufficient – When.
15.20.090 Violation – Penalty.
15.20.120 Investigation fees – Work without a permit.
15.20.010 Short title.
This chapter shall be known as the building code of the city of Soap Lake. (Ord. 966 § 1, 2002).
15.20.020 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 C (Agricultural Buildings);
b. Appendix I (Patio Covers); and
c. Appendix J (Grading), when:
i. Grading involves more than 5,000 cubic yards; and/or
ii. Regulated by this code.
2. The International Residential Code, Appendix G, Swimming Pools, Spas, and Hot Tubs, is hereby adopted.
3. Appendices A, E, and H to the Uniform Plumbing Code, most recent edition.
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 SLMC 15.20.030 and 15.20.040:
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. Washington Administrative Code (WAC), provisions 296-150B-200 through 296-150B-255, Standards for Mobile Homes, Commercial Coaches and Recreational Vehicles;
4. Inland Northwest HVAC Standards.
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. 1103 § 1, 2009; Ord. 1005 § 1, 2004; Ord. 966 § 1, 2002).
15.20.030 Amendments.
The following amendments to the state building code are adopted and apply within this jurisdiction:
A. Sections 105.1.1 and 105.1.2 of the IBC are not adopted.
B. Sections 105.2(1) of the IBC and the IRC are amended to read as follows:
105.2(1). One-story detached accessory structures, provided the floor area does not exceed 200 square feet (18.58 m2), provided that only one may be placed on a lot without a permit.
C. Section 105.2(6) of the IBC and Section 105.2(5) of the IRC are amended to read as follows:
105.2(6) (IBC) and 105.2(5) (IRC). Sidewalks, decks and driveways not more than 30 inches (762mm) above grade and not over any basement or story below and which are not part of an accessible route.
D. Sections 105.3 of the IBC and the IRC are not adopted.
E. Sections 108.3 of the IBC and the IRC are amended to read as follows:
108.3. Building Permit Valuations. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.
F. Section 112 of the IBC and Section R112 of the IRC are replaced with the following:
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.
G. There are created new Sections 116 to the IBC and the IRC to provide as follows:
116. 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.
H. There are created new Sections 117 to the IBC and the IRC to provide as follows:
117. 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.
I. WAC 51-56-0100 adopting Section 102.4 of the Uniform Plumbing Code is replaced with the following new subsection:
102.4 Appeals. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Soap Lake. 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 102.4 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.
J. 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 10 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 city administrator’s designee, shall conduct a hearing on the matter within three business days.
K. A $20.00 fee shall be imposed for any of the following:
1. Place or replace a fence, two to six feet high.
When building official services are provided by a contracted service, the city shall collect the building code fee established by such contract, if different than the fee established by resolution of the city council, as well as an administrative service fee of $30.00 to cover expenses of the contracted services or staff services.
L. Building permit fees for the construction, alteration, or repairs of single-family or duplex dwellings shall be waived when all of the following conditions apply:
1. The residential structure is intended for low income families;
2. The construction of the structure involves some volunteer labor;
3. The structure is being constructed by an organization classified as a 501(c)(3) nonprofit organization by the United States Internal Revenue Service. (Ord. 1005 § 1, 2004; Ord. 997 § 1, 2004; Ord. 996 § 1, 2004; Ord. 966 § 1, 2002).
15.20.040 Other code amendments.
The following amendments to the various codes adopted in SLMC 15.20.020 are adopted and apply within this jurisdiction:
A. Section 205(a) of the Uniform Code for the Abatement of Dangerous Buildings is replaced with the following new subsection:
205(a). All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Soap Lake. 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 702.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
702.2 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(a) of the Uniform Housing Code is replaced with the following new subsection:
203(a). 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 Soap Lake. 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 1104 of the Uniform Housing Code is amended to provide:
SECTION 1104 – NOTICE TO VACATE
1104.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 1101.3, be posted at or upon each exit of the building, and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is unlawful to occupy this building, or to remove or deface this notice. Any person occupying this building shall be guilty of trespass. Defacing or removing this notice is malicious mischief.
1104.2 Compliance. Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued under Section 1101.2, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection by remaining in or entering a building shall be guilty of trespass under state law. Any person violating this subsection by removing or defacing such a notice shall be guilty of malicious mischief under state law.
E. Section 108 of the International Fire Code is replaced with the following new section:
108. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Soap Lake. 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.
F. Section 109 of the International Mechanical Code is replaced with the following new section:
109. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Soap Lake. 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.
(Ord. 1103 § 1, 2009; Ord. 1005 § 1, 2004; Ord. 966 § 1, 2002).
15.20.050 Administration and enforcement official.
The state building code and this code shall be administered and enforced by the building official of the city of Soap Lake. Those portions of the International Fire Code adopted by the state building code shall be enforced by the fire chief or other designated person. (Ord. 1005 § 1, 2004; Ord. 966 § 1, 2002).
15.20.060 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. 966 § 1, 2002).
15.20.070 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 then-current zoning;
2. Construction of a temporary structure;
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 include but are not limited to consideration of the installation or existence of adequate sewer and water, conformance to lot size requirements, existence or requirement 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 30 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.
C. Building permits shall not be issued for any structure located within a preliminary plat. (Ord. 966 § 1, 2002).
15.20.080 Platting deemed insufficient – When.
Property located within the city which is presently platted and which property was platted without the extension of or 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 ensure 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. 966 § 1, 2002).
15.20.090 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 up to but not to exceed $1,000 together with all penalties and assessments. (Ord. 966 § 1, 2002).
15.20.100 Fee refunds.
The building official may authorize the refunding of:
A. One hundred percent of any fee erroneously paid or collected.
B. Up to 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
C. Up to 80 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 180 days after the date of fee payment. (Ord. 1002 § 1, 2004).
15.20.110 Fees.
All fees for permits issued pursuant to this chapter shall be established by a resolution of the city council if they are not otherwise established pursuant to SLMC 15.20.030(D). (Ord. 1002 § 1, 2004).
15.20.120 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 90 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. 1002 § 1, 2004).