Chapter 15.08
AMENDMENTS TO INTERNATIONAL BUILDING CODE

Sections:

15.08.010    Adoption of appendices.

15.08.015    Amendment to Chapter 1, Section 101.4, Referenced codes.

15.08.020    Amendment to Chapter 1, Section 103, Department of Building Safety.

15.08.025    Amendment to Chapter 1, Section 104.1, General.

15.08.030    Amendments to Chapter 1, Section 105.2, Work exempt from permit.

15.08.040    Amendment to Chapter 1, Section 106.3.1, Approval of construction documents.

15.08.050    Amendments to Chapter 1, Section 108, Fees.

15.08.060    Repealed.

15.08.070    Amendments to Chapter 4, Special Use and Occupancy.

15.08.080    Amendments to Chapter 16, Section 1608, Snow loads.

15.08.090    Amendment to Chapter 16, Section 1612, Flood loads.

15.08.100    Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G101.3, Scope.

15.08.110    Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G102.1, General.

15.08.120    Amendments to Appendix Chapter G, Flood-Resistant Construction, Section G103.1, Permit applications.

15.08.130    Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G103.4, Activities in riverine flood hazard areas.

15.08.135    Amendments to Appendix Chapter G, Flood-Resistant Construction, Section G105.1, General.

15.08.140    Amendment to Appendix Chapter G, Flood-Resistant Construction.

15.08.150    Amendment to Appendix Chapter J, Grading, Section J101.2, Flood hazard areas.

15.08.160    Amendment to Appendix Chapter J, Grading, Section J103.2, Exemptions.

15.08.170    Amendment to Appendix Chapter J, Grading.

15.08.180    Amendment to Appendix Chapter J, Grading.

15.08.010 Adoption of appendices.

Pursuant to Section 101.2.1 of the 2003 Edition of the International Building Code, the following appendices are specifically adopted:

A.  Appendix Chapter B, Board of Appeals;

B.  Appendix Chapter C, Group U--Agricultural Buildings;

C.  Appendix Chapter E, Supplementary Accessibility Requirements;

D.  Appendix Chapter G, Flood-Resistant Construction;

E.  Appendix Chapter I, Patio Covers Appendix;

F.  Chapter J, Grading.  (Ord. 1142(part), 2006)

15.08.015 Amendment to Chapter 1, Section 101.4, Referenced codes.

Section 101.4 of the International Building Code, 2003 Edition, is hereby amended as follows:

101.4.4 Plumbing.  The provisions of the Uniform Plumbing Code 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 a medical gas system.

101.4.7 Energy.  The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency.

(Ord. 1142(part), 2006)

15.08.020 Amendment to Chapter 1, Section 103, Department of Building Safety.

Section 103 of the International Building Code, 2003 Edition, is hereby amended as follows:

Section 103 Creation of enforcement agency.

103.1 Creation of enforcement agency.  There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the Mayor.  The code enforcement officer, Public Works Director and Fire Chief shall function as the enforcement agency.

103.2 Deputies.  In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time.  The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.

(Ord. 1142(part), 2006)

15.08.025 Amendment to Chapter 1, Section 104.1, General.

Section 104.1 of the International Building Code, 2003 Edition, is hereby amended as follows:

104.1 General.  The building official is hereby authorized and directed to enforce all the provisions of this code.  For such purposes, the building official shall have the powers of a law enforcement officer.  The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions.  Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code.

(Ord. 1142(part), 2006)

15.08.030 Amendments to Chapter 1, Section 105.2, Work exempt from permit.

Section 105.2 of the International Building Code, 2003 Edition, is hereby amended 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 200 square feet (11.15 m2).

2.  Fences not over 6 feet (1829 mm) high.

3.  Oil derricks.

4.  Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

5.  Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18.925 L) and the ratio of height to diameter or width does not exceed 2 to 1.

6.  Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which 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, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18.925 L) and are installed entirely above ground.

10.  Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

11.  Swings and other playground equipment accessory to detached one- and two-family dwellings.

12.  Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies.

13.  Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

Exemption from the 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.

(Ord. 1142(part), 2006)

15.08.040 Amendment to Chapter 1, Section 106.3.1, Approval of construction documents.

Section 106.3.1 of the International Building Code, 2003 Edition, is hereby amended as follows:

106.3.1 Approval of construction documents.  When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved.” One set of construction documents so reviewed shall be retained by the building official.  The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

(Ord. 1142(part), 2006)

15.08.050 Amendments to Chapter 1, Section 108, Fees.

Section 108 of the International Building Code, 2003 Edition, is amended as follows:

108.1 Payment of fees.  A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

108.2 Schedule of permit fees.  On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.  The fee for each permit shall be as set forth in Amended Table 1-A as established in Section 15.40.020 of this code.

108.2.1 Plan Review Fees.  When submittal documents are required to be submitted by Section 106, a plan review fee in addition to the permit fee shall be paid at the time of submitting submittal documents for plan review.  Said plan review fee shall be SIXTY-FIVE (65) PERCENT of the building permit fee as shown in Amended Table 1-A.  The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 108.2 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 as defined in Section 106.3.4.2, an additional plan review fee shall be charged at the rate shown in Amended Table 1-A.

108.3 Building permit 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.  The determination of value or valuation under any of the provisions of this code shall be made by the Building Official by reference to the “building valuation data” as printed in the “Building Safety” magazine.  The value to be used in computing the building permit and building plan review fee 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.  Final building permit valuation shall be set by the building official.

108.4 Work Commencing Before Permit Issuance.  Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.  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 Amended Table 1-A.  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.

108.5 Related Fees.  The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

108.6 Refunds.  The building official is authorized to establish a refund policy.

(Ord. 1142(part), 2006)

15.08.060 Amendments to Chapter 1, Section 112, Board of appeals.

Repealed by Ord. 1214.  (Ord. 1142(part), 2006)

15.08.070 Amendments to Chapter 4, Special Use and Occupancy.

Chapter 4 of the International Building Code, 2003 Edition, is amended by addition of Section 419 as follows:

Section 419.1 General

419.1.1 Purpose.  The purpose of this section is to establish minimum standards of safety for the construction and use of controlled atmosphere storage buildings.

419.1.2 Scope.  The provisions of Section 419 shall apply to buildings or structures defined herein as controlled atmosphere storage buildings and shall supersede other similar requirements in other chapters of the code.

419.1.3 Definitions.  For the purpose of this chapter, certain terms are defined as follows:

CONTROLLED ATMOSPHERE STORAGE BUILDING is a building used solely for storage of agricultural products in refrigerated rooms where the room atmosphere is maintained at an oxygen content not exceeding 14% with the remainder being nitrogen, carbon dioxide or similar gas which will not support combustion.

419.1.4 Applicability of other provisions.  Except as required by this chapter, controlled atmosphere storage buildings

shall meet all provisions of this code applicable to buildings classified as Group S, Division 2 occupancies.

419.2 Automatic Fire-Extinguishing Systems.

419.2.1 Automatic fire-extinguishing systems required by sub-section 904.2.2.1 need not be provided when the controlled atmosphere storage building compliance with the allowable floor area provisions of Section 505.

419.3 Means of Egress.

419.3.1 Maximum allowable occupant load for a controlled atmosphere storage building shall be 9.

419.3.2 The maximum distance of travel from any point within the controlled atmosphere building to an exterior exit door, horizontal exit, exit passageway, or an enclosed stairway shall not exceed 300 feet (91,500 mm) unless otherwise allowed by this section.  The maximum travel distance may be increased in accordance with the following:

1.  In a controlled atmosphere storage building equipped with an automatic sprinkler system throughout, the maximum travel distance may be 450 feet (137,250 mm).

419.3.3 Exit doors serving controlled atmosphere storage buildings and rooms and spaces within such buildings need not comply with the requirements of Section 1004 when building operations are conducted in accordance with the following:

1.  When the building or portions of the building, are occupied and contain a normal outdoor atmosphere, doors giving access to the building or such portions of the building shall remain open.

419.4 Smoke and Heat Venting

419.4.1 Controlled atmosphere storage buildings need not comply with the requirements of Section 906.

419.5 Standpipes

419.5.1 Controlled atmosphere storage buildings need not comply with the requirements of Section 904.5.

(Ord. 1142(part), 2006)

15.08.080 Amendments to Chapter 16, Section 1608, Snow loads.

Section 1608.2 of the International Building Code, 2003 Edition, is amended as follows:

1608.2 Ground snowloads.  The ground snowloads to be used in determining the design snowloads for roofs are given in Figure 1608.2 for the contiguous United States and Table 1608.2 for Alaska.  Site-specific case studies shall be made in areas designated CS in Figure 1608.2.  Ground snowloads for sites at elevations above the limits indicated in Figure 1608.2 and for all sites within the CS areas shall be approved.  Ground snow load determination for such sites shall be based on an extreme value statistical analysis of data available in the vicinity of the site using a value with a 2-percent annual probability of being exceeded (50-year mean recurrence interval).  The Structural Engineers Association of Washington has conducted a case study (CS) for Washington State.  This case study, titled “Snow Load Analysis for Washington,” may be used to establish the ground snowload in all areas of Yakima County in lieu of a site specific case study.  Snow loads are zero for Hawaii, except in mountainous regions as approved by the building official.

(Ord. 1142(part), 2006)

15.08.090 Amendment to Chapter 16, Section 1612, Flood loads.

Section 1612 of the International Building Code, 2003 Edition, is amended as follows:

SECTION 1612 FLOOD LOADS

1612.1 General.  Within flood hazard areas as established in Section 1612.3, all new construction of buildings, structures and portions of buildings and structures, including substantial improvements and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads and shall be anchored to prevent floatation, collapse, or lateral movement of the structure.  All new construction and any improvements or additions to an existing floodproofed structure that would extend beyond the existing floodproofing located within 100 feet of a floodway or ordinary high water mark, if no floodway has been established, shall also meet the requirements of Yakima County Code 16A.05.28.010(a)(3).

1612.2 Definitions.  The following words and terms shall, for the purposes of this section, have the meanings shown herein.

BASE FLOOD.  The flood having a 1-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION.  The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).

BASEMENT.  The portion of a building having its floor subgrade (below ground level) on all sides.

DESIGN FLOOD.  The flood associated with the greater of the following two areas:

1.  Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or

2.  Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.

DESIGN FLOOD ELEVATION.  The elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map.  In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map.  In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm).

DRY FLOODPROOFING.  A combination of design modifications that results in a building or structure, including the attendant utility and sanitary facilities, being water tight with walls substantially impermeable to the passage of water and with structural components having the capacity to resist loads as identified in ASCE 7.

EXISTING CONSTRUCTION.  Any buildings and structures for which the “start of construction” commenced before the effective date of the community’s first floodplain management code, ordinance or standard.  “Existing construction” is also referred to as “existing structures.”

EXISTING STRUCTURE.  See “Existing construction.”

FLOOD or FLOODING.  A general and temporary condition of partial or complete inundation of normally dry land from:

1.  The overflow of inland or tidal waters.

2.  The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD DAMAGE-RESISTANT MATERIALS.  Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

FLOOD HAZARD AREA.  The greater of the following two areas:

1.  The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.

2.  The area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.

FLOOD HAZARD AREA SUBJECT TO HIGH VELOCITY WAVE ACTION.  Area within the flood hazard area that is subject to high velocity wave action, and shown on a Flood Insurance Rate Map (FIRM) or other flood hazard map as Zone V, VO, VE or V1-30.

FLOOD INSURANCE RATE MAP (FIRM).  An official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY.  The official report provided by the Federal Emergency Management Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical data.

FLOODWAY.  The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

LOWEST FLOOR.  The lowest floor of the lowest enclosed area, including basement.  An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this code or Section R323.2 of the International Residential Code, as applicable.

NEW CONSTRUCTION.  The term “new construction” refers to structures for which the “start of construction” commenced on or after June 5, 1985, the effective date of Yakima County adoption of regulations governing development and construction in flood hazard areas.

SPECIAL FLOOD HAZARD AREA.  The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30.

START OF CONSTRUCTION.  The date of permit issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance.  The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building.  For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

SUBSTANTIAL DAMAGE.  Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the assessed value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT.  Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure either:

1.  Before the improvement or repair is started; or

2.  If the structure has been damaged and is being restored, before the damage occurred.  For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. 

The term does not, however, include either:

1.  Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.  Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.

1612.3 Establishment of flood hazard areas.  To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data.  The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for Yakima County, Washington,” dated March 2, 1998, and as further amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto.  The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

1612.4 Design and construction.  The design and construction of buildings and structures located in flood hazard areas, including flood hazard areas subject to high velocity wave action, shall be in accordance with ASCE 24.

1612.5 Flood hazard documentation.  The following documentation shall be prepared and sealed by a registered design professional and submitted to the building official:

1.  For construction in flood hazard areas not subject to high-velocity wave action:

1.1.  The elevation of the lowest floor, including basement, as required by the lowest floor elevation inspection in Section 109.3.3.

1.2.  For fully enclosed areas below the design flood elevation where provisions to allow for the automatic entry and exit of floodwaters do not meet the minimum requirements in Section 2.6.1.1, ASCE 24, construction documents shall include a statement that the design will provide for equalization of hydrostatic flood forces in accordance with Section 2.6.1.2, ASCE 24.

1.3.  For dry floodproofed nonresidential buildings, construction documents shall include a statement that the dry floodproofing is designed in accordance with ASCE 24.

2.  For construction in flood hazard areas subject to high-velocity wave action:

2.1.  The elevation of the bottom of the lowest horizontal structural member as required by the lowest floor elevation inspection in Section 109.3.3.

2.2.  Construction documents shall include a statement that the building is designed in accordance with ASCE 24, including that the pile or column foundation and building or structure to be attached thereto is designed to be anchored to resist flotation, collapse and lateral movement due to the effects of wind and flood loads acting simultaneously on all building components, and other load requirements of Chapter 16.

2.3.  For breakaway walls designed to resist a nominal load of less than 10 psf (0.48 kN/m2) or more than 20 psf (0.96 kN/m2), construction documents shall include a statement that the breakaway wall is designed in accordance with ASCE 24.

(Ord. 1142(part), 2006)

15.08.100 Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G101.3, Scope.

Section G101.3 of Appendix Chapter G of the International Building Code, 2003 Edition, is hereby amended as follows:

G101.3 Scope.  The provisions of this appendix shall apply to all proposed development in a flood hazard area established in Section 1612 of this code, including certain building work exempt from permit under Section 105.2.

(Ord. 1142(part), 2006)

15.08.110 Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G102.1, General.

Section G102.1 of Appendix Chapter G of the International Building Code, 2003 Edition, is hereby amended as follows:

G102.1 General.  This appendix, in conjunction with the International Building Code, provides minimum requirements for development located in flood hazard areas, including the subdivision of land, installation of utilities, placement and replacement of manufactured homes, new construction and repair, reconstruction, rehabilitation, or additions to new construction and substantial improvement of existing buildings and structures, including restoration after damage; and certain building work exempt from permit under Section 105.2.

(Ord. 1142(part), 2006)

15.08.120 Amendments to Appendix Chapter G, Flood-Resistant Construction, Section G103.1, Permit applications.

Section G103.1 of Appendix Chapter G of the International Building Code, 2003 Edition, is hereby amended as follows:

G103.1 Permit applications.  The building official shall review all permit applications to determine whether proposed development sites will be reasonably safe from flooding.  If a proposed development site is in a flood hazard area, all site development activities, including grading, filling, utility installation and drainage modification, and all new construction and substantial improvements (including the placement of prefabricated buildings and manufactured homes), and certain building work exempt from permit under Section 105.2, shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with this code and ASCE 24.

(Ord. 1142(part), 2006)

15.08.130 Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G103.4, Activities in riverine flood hazard areas.

Section G103.4 of Appendix Chapter G of the International Building Code, 2003 Edition, is hereby amended as follows:

G103.4 Activities in riverine flood hazard areas.  In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the building official shall not permit any new construction, substantial improvement or other development, including fill, unless the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the design flood elevation more than 1 foot (305 mm) at any point within the community.

(Ord. 1142(part), 2006)

15.08.135 Amendments to Appendix Chapter G, Flood-Resistant Construction, Section G105.1, General.

Section G105.1 of Appendix Chapter G of the International Building Code, 2003 Edition, is hereby amended as follows:

G105.1 General.  The board of appeals established pursuant to Section 112 shall hear and decide requests for variances.  The board of appeals shall base its determination on technical justifications, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this appendix and Section 1612.  Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; that they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances.  They primarily address small lots in densely populated residential neighborhoods.  As such, variances from flood elevations should be quite rare.

(Ord. 1142(part), 2006)

15.08.140 Amendment to Appendix Chapter G, Flood-Resistant Construction.

Appendix Chapter G of the International Building Code, 2003 Edition, is hereby amended by the addition of Section G801, Other building work, as follows:

Section G801 Other Building Work

G801.1 Detached accessory structures.  Detached accessory structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during conditions of the design flood.  Fully enclosed accessory structures shall have flood openings meeting the requirements of ASCE 24, Section 10 and Subsection 2.6, to allow for the automatic entry and exit of flood waters.

G801.2 Fences.  Fences in floodways that may block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the requirement of Section G103.5.

G801.3 Oil derricks.  Oil derricks located in flood hazard areas shall be designed in conformance to the flood loads in Section 1603.1.6 and Section 1612.

G801.4 Retaining walls, sidewalks and driveways.  Retaining walls, sidewalks and driveways shall meet the requirements of Section 1803.4.

G801.5 Prefabricated swimming pools.  Prefabricated swimming pools in floodways shall meet the requirement of Section G103.5.

(Ord. 1142(part), 2006)

15.08.150 Amendment to Appendix Chapter J, Grading, Section J101.2, Flood hazard areas.

Section J101.2 of Appendix Chapter J of the International Building Code, 2003 Edition, is hereby amended as follows:

J101.2 Flood hazard areas.  The provisions of this chapter shall not apply to grading, excavation and earthwork construction, including fills and embankments, in floodways within flood hazard established in Section 1612.3, or in flood hazard areas where design elevations are specified but floodways have not been designated, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed work will not result in any increase in the level of the base flood.

(Ord. 1142(part), 2006)

15.08.160 Amendment to Appendix Chapter J, Grading, Section J103.2, Exemptions.

Section J103.2 of Appendix Chapter J of the International Building Code, 2003 Edition, is hereby amended as follows:

J103.2 Exemptions.  A grading permit is not required for the following:

1.  When approved by the building official, grading in an isolated, self-contained area if there is no danger to private or public property.

2.  An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit.  This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such structure.

3.  Cemetery graves.

4.  Refuse disposal sites permitted by other regulations.

5.  Excavations for wells or runnels or utilities.

6.  Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

7.  Exploratory excavations under the direction of soil engineers or engineering geologists.

8.  An excavation which (1) is less than 3 feet (915 mm) in depth, or (2) which does not create a cut slope greater than 6 feet (1829 mm) in height and steeper than 1 unit vertical in 11/2 units horizontal (66.7% slope).

9.  A fill less than 2 feet (610 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 4 feet (1219 mm) in depth, not intended to support structures, which does not exceed 100 cubic yards (76.6 m3) on any one lot and does not obstruct a drainage course.

10.  Test holes done under the provisions of an on-site sewage disposal permit application.

11.  Grading, including roads, bridges and municipal construction, which is designed to WSDOT, APWA or FHWA standards and specification where such grading is subject to review and approval of a local government agency or a state or federal agency.

12.  When approved by the Building Official, temporary grading work necessary to protect property.

13.  Grading work, which (1) is not intended to support structures, and (2) is subject to permitting requirements of other regulations.

Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction.

(Ord. 1142(part), 2006)

15.08.170 Amendment to Appendix Chapter J, Grading.

Appendix Chapter J of the International Building Code, 2003 Edition, is hereby amended by the addition of Section J112 as follows:

Section J112-Hazards.  Whenever the building official determines that any existing excavation or embankment or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code.

(Ord. 1142(part), 2006)

15.08.180 Amendment to Appendix Chapter J, Grading.

Appendix Chapter J of the International Building Code, 2003 Edition, is hereby amended by the addition of Section J113 as follows:

Section J113 Grading Fees

J113.1 Plan Review Fees.  When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review.  Said plan review fee shall be as set forth in amended Table A-33-A as established in Section 15.40.030 of the Wapato Municipal Code.  Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code.  For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater.

J113.2 Grading Permit Fees.  A fee for each grading permit shall be paid to the building official as set forth in amended Table A-33-B as established in Section 15.40.030 of the Wapato Municipal Code.  Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code.  There shall be no separate charge for standard terrace drains and similar facilities.

(Ord. 1142(part), 2006)