Chapter 15.04 BUILDING CODE

Chapter 15.04
BUILDING CODE

Sections:

15.04.010 Short title.

15.04.020 Codes adopted.

15.04.030 Repealed.

15.04.040 Fees established.

15.04.050 Administration and enforcement.

15.04.060 Director of community development.

15.04.070 Unlawful acts.

15.04.080 Violation – Penalty.

15.04.090 Building permit exemptions.

15.04.100 Other permit requirements.

15.04.010 Short title.

This chapter shall be known as the building code of the city. (Ord. 1604 § 1 (Exh. F), 2008; Ord. 1490 § 1, 2004; Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1368 § 1, 1999; Ord. 963 § 1, 1989; Ord. 544 § 1, 1975)

15.04.020 Codes adopted.

Pursuant to the State Building Code Act, Chapter 19.27 RCW, enacted by the Washington State Legislature, the following codes are adopted by reference, as amended and adopted by the Washington State Building Code Council and the city of Washougal:

(1) The International Building Code and Appendices G (Flood Resistant Construction), H (Signs), and J (Grading) as published by the International Code Council:

(a) Section 103, “the Department of Building Safety” shall be known as “the Building Division of the City of Washougal Community Development Department”;

(b) Delete Section 105.1.1, Annual Permit, and Section 105.1.2, Annual Permit Records;

(c) Amend Section 105.2, Work Exempt From Permit: Building: 1. by substituting “200” with “120” in the square feet of floor area exempt from building permits;

(d) Emergency lighting shall be required for accessible restrooms and dressing rooms (see IBC 1006.3);

(e) Amend Section 108, Fees:

Fees shall be determined in accordance with WMC Chapter 3.97, Building Fees.

(2) The International Residential Code and Appendices G (Swimming Pools and Barriers), I (Patio Covers), J (Grading), and R (Radon) as published by the International Code Council:

(a) Amend Section R103 by replacing “the Department of Building Safety” with “the Building Division of the City of Washougal Community Development Department”;

(b) Amend Section R105.2, Work Exempt from Permits, to include the following:

i. Freestanding decks less than 30" above grade (see IRC 105.2.5).

Fees shall be determined in accordance with WMC Chapter 3.97, Building Fees.

(d) Amend Table R301.2(1) as follows:


Roof Snow Load	Wind Speed (Gust)	Seismic Design Category	Weath-ering	Frost Line Depth	Termites	Decay	Winter Design Temp	Ice Shield Underlay	Flood Hazard	Air Freeze Index	Mean Annual Temp
25 lbs./ft2	105 MPH 3 second	D-1	Moderate	12"	Slight	Moderate	22 deg. F	No	*	250	50 deg.

* See FEMA Maps of the local area.

(3) The International Mechanical Code as published by the International Code Council including the International Fuel Gas Code pursuant to WAC 51-52-21000:

(a) Amend Section 106.5.2, Fee Schedule:

Fees shall be determined in accordance with WMC Chapter 3.97, Building Fees.

(b) Amend Section 106.5.3, Fee Refund, by replacing subsections 2 and 3 to read:

(i) Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

(ii) Not more than 80% 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 review effort has been expended.

(4) The International Fire Code;

(5) The Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials:

(a) Amend Section 103.4, Fees:

Fees shall be determined in accordance with WMC Chapter 3.97, Building Fees.

(b) Amend Section 103.4.2, Plan Review Fees, by substituting the section with:

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 specification for review. The plan review fee for plumbing work shall be equal to 65 percent of the total permit fee as set forth in WMC 3.97.020 (Plumbing Permit Fees). When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in WMC 3.97.020 (Plumbing Permit Fees).

The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review has been paid is withdrawn or canceled before any plan review effort has been expended.

(d) Amend Section 103.4.5, Fee Refunds, subsection 103.4.5.3 by substituting:

The Building Official shall not authorize the refunding of any fee paid except upon a written application filed by the original permittee not later than one hundred and eighty (180) days after the date of fee payment.

(6) Washington State Barrier Free Standards as published by the Washington Association of Building Officials;

(7) The Washington State Energy Code as published by the Washington State Building Code Council.

In case of conflict among the codes enumerated in subsections (1), (2), (3), (4), (5), (6) and (7) of this section, the governing code shall be determined by the building official. (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1604 § 1 (Exh. F), 2008; Ord. 1490 § 1, 2004; Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1368 § 1, 1999; Ord. 1056 § 1, 1991; Ord. 963 § 1, 1989; Ord. 606 § 1, 1976; Ord. 554 § 2, 1975)

15.04.030 Additional codes adopted.

Repealed by Ord. 1490. (Ord. 1470 § 1, 2004; Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1419 § 1 (Exh A), 2001; Ord. 1368 § 1, 1999; Ord. 1056 § 1, 1991; Ord. 963 § 1, 1989; Ord. 889 § 1, 1987; Ord. 883 § 1, 1987; Ord. 606 § 2, 1976; Ord. 554 § 3, 1975)

15.04.040 Fees established.

All construction fees shall be as determined in Chapter 3.97 WMC (Building Fees). Residential building valuations for permit fees are based on the current edition of the Building Safety Journal as published by the International Code Council. All other types of occupancies shall be based on accurate valuation totals supplied by the permit applicant. Final valuations shall be set forth by the building official based on nationally recognized standards and methods.

(1) International Building Code (Building and Residential).

(a) Building Permit Fees. The fee for each permit shall be set forth in WMC 3.97.010 (Building Permit Fees). 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.

(b) Building Plan Review Fees. When submittal documents are required, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in WMC 3.97.010 (Building Permit Fees). The plan review fees specified in this section are separate fees from the permit fees specified above and are in addition to the permit fees. Plan review fees for “same-as” residential plans will be in the amount specified in WMC 3.97.050 (Miscellaneous Building Fees). The “same-as” fee is conditioned on an identical and complete set of plans being submitted for review. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee shall be charged at the rate shown in WMC 3.97.010 (Building Permit Fees).

(c) Investigation Fees – Work Without a Permit. 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. 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 WMC 3.97.010 (Building Permit Fees). The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the building codes and any penalty prescribed by law.

(d) Work Not Included in a Permit. A building permit holder that has expanded the scope of work without prior approval from the building official or has submitted inaccurate or incomplete information about the total work to be done may be assessed an investigation fee. The investigation fee shall be equal to the amount of the difference between the permit fees for the total amount of work, less the amount of work shown on the permit. The permit holder is also required to obtain a permit for the additional work described above.

(e) Fee Refunds. The building official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review 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.

(f) Other Inspection Fees. The building official may make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws which are enforced by the city of Washougal. Fees for such inspections shall be as defined in WMC 3.97.010 (Building Permit Fees).

(g) Reinspection Fee. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain reinspection, the applicant shall file an application therefor in writing on a form furnished for that purpose and pay the reinspection fee in accordance with WMC 3.97.050 (Miscellaneous Building Fees). In instances where reinspection fees have been assessed, no additional inspection of work will be performed until the required fees have been paid.

(h) Lost or Damaged Permits and Approved Plans. The fee for reissue of lost permits shall be as set forth in WMC 3.97.050 (Miscellaneous Building Fees). Replacement and copies of the approved set of plans and supporting documents lost or damaged to a point of being illegible shall be as set forth in WMC 3.97.050 (Miscellaneous Building Fees).

(2) International Mechanical Code.

(a) Mechanical Permit Fees. The fee for each permit shall be set forth in WMC 3.97.030 (Mechanical Permit Fees).

(b) Mechanical 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. The plan review fees for mechanical work shall be equal to 25 percent of the total permit fee as set forth in WMC 3.97.030 (Mechanical Permit Fees). The plan review fees specified in this section are separate fees from the permit fees and are in addition to the permit fees.

(c) Incomplete or Changed Plans. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in WMC 3.97.030 (Mechanical Permit Fees).

(d) Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for the action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented the action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(e) Investigation Fees – Work Without a Permit. When work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. 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 that would be required by this code if a permit were to be issued. The payment of an investigation fee shall not exempt a person from compliance with all other provisions of this code nor from a penalty prescribed by law.

(f) Work Not Included in a Permit. A mechanical permit holder that has expanded the scope of work without prior approval from the building official or has submitted inaccurate or incomplete information about the total work to be done may be assessed an investigation fee. The investigation fee shall be equal to the amount of the difference between the permit fee for the total amount of work, less the amount of work shown on the permit. The permit holder is also required to obtain a permit for the additional work described above.

(g) Fee Refunds. The building official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review 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. 1604 § 1 (Exh. F), 2008; Ord. 1490 § 1, 2004; Ord. 1470 § 1, 2004; Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1419 § 1 (Exh. A), 2001; Ord. 1368 § 1, 1999; Ord. 1245 § 1 (Exh. B), 1997; Ord. 1056 § l, 1991; Ord. 963 § 1, 1989)

15.04.050 Administration and enforcement.

The building code shall be administered and enforced by the building official. (Ord. 1604 § 1 (Exh. F), 2008; Ord. 1490 § 1, 2004; Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1419 § 1 (Exh. A), 2001; Ord. 1368 § l, 1999; Ord. 963 § 1, 1989; Ord. 927 § l, 1988; Ord. 554 § 5, 1975)

15.04.060 Director of community development.

The building official, as defined in Section 202 of the International Building Code and International Residential Code, shall be an individual designated as building official by the director of community development. The chief of the fire department shall enforce and administer all provisions of the International Fire Code. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1604 § 1 (Exh. F), 2008; Ord. 1490 § 1, 2004; Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1368 § 1, 1999; Ord. 963 § 1, 1989; Ord. 927 § 2, 1988; Ord. 554 § 6, 1975)

15.04.070 Unlawful acts.

It shall be 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 this title. Each violation shall constitute a separate offense. (Ord. 1604 § 1 (Exh. F), 2008; Ord. 1490 § 1, 2004; Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1368 § 1, 1999; Ord. 963 § l, 1989; Ord. 554 § l7, 1975)

15.04.080 Violation – Penalty.

It shall be unlawful for any person, firm or corporation to violate any of the provisions of this chapter. Violation of the provisions of this chapter is subject to code enforcement action, as described in Chapter 18.96 WMC, Enforcement.

(1) Any person, firm or corporation which violates any provision of this code or fails to comply therewith or with any of the requirements thereof, or which erects, constructs, alters or repairs, or has erected, constructed, altered or repaired a building or structure or portion thereof in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder, is guilty of a misdemeanor punishable by a fine of not more than $5,000, by imprisonment for a period not exceeding one year, or by both such fine and imprisonment. The owner of any building or structure or portion thereof, or of the premises where anything in violation of this code is placed or exists, and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violation, is guilty of a separate offense, and upon conviction thereof shall be punishable by a fine of not more than $5,000, by imprisonment for a period not exceeding one year, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues constitutes a separate offense, and upon conviction thereof shall be punishable as provided in this chapter.

(2) Any person, firm or corporation which occupy a building or structure without a certificate of occupancy or final inspection will be issued a civil regulatory order as follows:

(a) Authority. A civil regulatory order may be issued and served upon a person if any activity by or at the direction of that person is, has been, or may be taken in violation of the building and construction code.

(b) Notice. A civil regulatory order shall be deemed served and shall be effective when posted at the location of the violation and/or delivered to any suitable person at the location and/or delivered by mail or otherwise to the owner or other person having responsibility for the location.

(i) The name and address of the person to whom it is directed;

(ii) The location and specific description of the violation;

(iii) A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed;

(iv) An order that the violation immediately cease, or that the potential violation be avoided;

(v) An order that the person stop work until the violation is corrected or remedied;

(vi) A specific description of the actions required to correct, remedy, or avoid the violation, including a time limit to complete such actions;

(vii) A notice that failure to comply with the regulatory order may result in further enforcement actions, including civil fines and criminal penalties.

(d) Remedial Action. The building official may require any action reasonably calculated to correct or avoid the violation, including but not limited to completion of work for which permits have been issued.

(e) Appeal. A civil regulatory order may be appealed in accordance with WMC 18.94.140. (Ord. 1604 § 1 (Exh. F), 2008; Ord. 1490 § 1, 2004; Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1368 § l, 1999; Ord. 963 § 1, 1989; Ord. 554 § 18, 1975)

15.04.090 Building permit exemptions.

Per Section 105.2 of the International Building Code and International Residential Code. (Ord. 1604 § 1 (Exh. F), 2008; Ord. 1490 § 1, 2004; Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1368 § 1, 1999; Ord. 1255 § 1, 1997)

15.04.100 Other permit requirements.

(1) Ownership. The ownership of a city of Washougal permit inures to the property owner. The permit applicant is, by definition, an agent of the property owner if not the property owner.

(2) Professional Preparation of Plans. The city of Washougal shall require a Washington-licensed design professional, licensed under the provisions of Chapter 18.08 RCW, Chapter 308-12 WAC or Chapter 18.43 RCW to prepare or oversee the preparation of plans for any building or structure containing five or more residential dwelling units or doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy over 4,000 square feet of construction.

(3) Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for the action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented the action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee as established in Chapter 3.97 WMC (Building Fees).

(4) Expiration of Permits. All building permits shall expire by limitation and be declared void if (a) work is not started within 180 days of obtaining a permit, or (b) work is abandoned for 180 days or more after beginning work, regardless of whether the work is finished.

(5) Referenced Codes. All referenced codes are available for review at the city of Washougal. (Ord. 1604 § 1 (Exh. F), 2008; Ord. 1490 § 1, 2004; Ord. 1451 § 1, 2003)