Chapter 2.04 BUILDING CODE AND OTHER REFERENCED CODES

Chapter 2.04
BUILDING CODE AND OTHER REFERENCED CODES

Sections:

2.04.020 Amendments to the referenced codes.

2.04.030 General requirements for all referenced codes.

2.04.010 Adoption of referenced codes.

The city of Wenatchee hereby adopts the following codes, as amended by the Washington State Building Code Council pursuant to RCW 19.27.074, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties:

(1) The 2018 International Building Code published by the International Code Council, Inc. (ICC), with amendments as set forth in Chapter 51-50 WAC as the same exists now or may hereafter be amended. The following appendices are specifically adopted:

(a) Appendix H, Signs;

(2) The 2018 International Residential Code published by the International Code Council, Inc. (ICC), with amendments as set forth in Chapter 51-51 WAC as the same exists now or may hereafter be amended. The following appendices are specifically adopted:

(a) Appendix J, Existing Buildings and Structures;

(b) Appendix M, Home Day Care.

(3) The 2018 International Mechanical Code published by the International Code Council, Inc. (ICC), with amendments as set forth in Chapter 51-52 WAC as the same exists now or may hereafter be amended, except that Table 403.3.1.1 published by the International Code Council, Inc., shall be adopted in its entirety.

(4) The 2018 Edition of the Uniform Plumbing Code (UPC), including Appendices A, B and I, and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, with amendments as set forth in Chapter 51-56 WAC as the same exists now or may hereafter be amended; provided, that Chapters 12 and 14 of this code are not adopted. Provided further, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the code addressing building sewers are not adopted.

(5) In case of conflict among the codes enumerated in subsections (1) through (4) of this section, the first named code shall govern over those following.

(6) The 2018 Washington State Energy Code as set forth in Chapters 51-11R and 51-11C WAC as the same exists now or may hereafter be amended.

(7) The 2018 International Property Maintenance Code, as the same exists now or as may hereafter be amended. (Ord. 2021-01 § 1; Ord. 2019-20 § 1; Ord. 2019-10 § 1; Ord. 2016-12 § 1; Ord. 2013-17 § 1; Ord. 2010-13 § 1; Ord. 2007-30 § 1; Ord. 2004-25 § 2)

2.04.020 Amendments to the referenced codes.

(1) 2018 International Building Code.

(a) Section 105.2, Work Exempt from Permit, is amended as follows:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, not containing sleeping accommodations, plumbing or any type of residential use and have a 10-foot minimum separation from any other structures and property lines, provided the floor area does not exceed 120 square feet.

2. Fences not over 6 feet high.

(b) Table 1505.1 shall be amended as follows: delete footnote “C.”

(c) Section 1704.2.1, Special inspector qualifications, is amended effective one year from the date of adoption of the ordinance codified in this chapter as follows:

Prior to the issuance of a permit, the approved agencies shall provide written documentation to the building official demonstrating the accreditation, competence and relevant experience or training of the special inspectors who will perform the special inspections and tests during construction. An agencies scope of accreditation should reflect all of the tests they provide. An approved testing and inspections agency is required to be accredited in accordance with ASTM E329, ASTM D 3740, ASTM C 1077, as applicable or shall be registered in Washington Association of Building Officials “Special Inspection Registration Program.” These qualifications are in addition to qualifications specified in other sections of this code.

(2) 2018 International Residential Code.

(a) Section R105.2, Work Exempt from Permit, is amended as follows:

1. One-story detached accessory structures use as tool and storage sheds, playhouses, trellises, arbors, pergolas and similar uses, not containing sleeping accommodations, plumbing, mechanical or any type of residential use, provided the floor area does not exceed 200 square feet, provided such detached structures maintain a minimum setback of five feet from all property lines and have a minimum clear distance of one foot from all other structures. If structures do not meet the above mentioned requirements, the structure is considered attached and a building permit is required.

2. Fences not over 6 feet high.

10. Decks that are not more than 30 inches above adjacent grade at any point and that does not serve the exit door required by Section R311.2. Adjacent grade shall mean the grade within 36 inches horizontally of the deck.

(b) Section R202 definition of a townhouse is amended as follows:

A building which contains two or more attached townhouse units in which each unit extends from the foundation to roof. Each single-family dwelling unit shall have a yard or public way on not less than two sides that extends at least 50 percent of the length of each of these two sides.

Roofs shall be covered with materials as set forth in Section R904 and R905. Class A, B or C roofing assemblies shall be installed within the city limits of Wenatchee. (Remainder of section to remain unchanged)

(3) 2018 International Property Maintenance Code.

(a) Section 101.1, insert: City of Wenatchee.

(b) Section 102.3, amend to read:

Repairs, additions to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, Washington State Energy Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, International Residential Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Wenatchee City Code.

(d) Section 103.1, amend to read:

The Community Development Department is charged with the enforcement of this code and the Director or his/her designee shall be known as the code official.

(e) Section 103.5: Delete entire section.

(f) Section 106.2, amend to read:

Code Violation. Any violation of any of the provisions of this chapter shall be subject to any of the compliance provisions provided in WCC Title 16, for which a monetary penalty may be imposed as provided therein. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provisions of this chapter shall be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue.

(g) Section 106.3, amend to read:

Violations of this code shall be prosecuted in the manner described in WCC Title 16. If a notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

(h) Section 106.4: Delete entire section.

(i) Section 107: Delete Sections 107 through 107.6.

(j) Section 108.3, amend to read:

Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in accordance with WCC Section 16.06.030. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in WCC Section 16.06.020.

(k) Section 109.5, amend to read:

Costs incurred in the performance of emergency work may be paid by the city. The legal counsel of the city may institute appropriate action against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs if paid by the city.

(l) Section 109.6, amend to read:

Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon submittal of a written appeal filed with the City Clerk within 21 days of the order, be afforded a hearing. Any appeal under this section shall be heard by the hearing examiner of the city in accordance with WCC 13.11.030 for review of such decision. Appeals shall be subject to an administrative appeal fee in accordance with WCC 1.99.010.

(m) Section 110.2, amend to read:

Whenever the code official determines that a structure is in violation of the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in accordance with WCC Section 16.06.030. The notice shall be in the form prescribed in WCC Section 16.06.020.

(n) Section 111.1, amend to read:

Any person directly affected by a decision of the code official or a notice or order issued under this code, shall thereafter, upon submittal of a written appeal filed with the City Clerk within 21 days of the order, be afforded a hearing. Any appeal under this section shall be heard by the hearing examiner of the city in accordance with WCC 13.11.030 for review of such decision. Appeals shall be subject to an administrative appeal fee in accordance with WCC 1.99.010.

(o) Sections 111.2 through 111.7 are hereby deleted.

(p) Section 112.4, amend to read:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor.

(q) Section 201.3, amend to read:

Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, International Residential Code, or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.

(r) Section 202, Garbage, amend to read:

Any waste, including but not limited to, animal and vegetable waste resulting from the handling, packaging, cooking or consumption of food or beverage or other refuse.

(s) Section 202, Rubbish, amend to read:

Combustible and noncombustible waste materials, except garbage; including but not limited to the residue from the burning of wood and other combustible materials, paper, rags, cartons, boxes, pallets, wood, rubber, leather, tree branches, yard and landscape trimmings, tin cans, metals, broken and inoperable machinery, equipment, or parts thereof, glass, broken or discarded household furniture and appliances, building and construction materials not neatly stacked or weather resistant, broken stone or cement.

(t) Section 202, add new definition:

Junk Vehicle. “Junk vehicle” means a vehicle intended to be self-propelled and used for the transport of people, goods, and/or services that meets at least three of the following requirements:

(i) Is three years old or older;

(ii) Is extensively damaged, such damage including, but not limited to, any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;

(iii) Is without a valid, current license plate or certificate of registration;

(iv) Is apparently inoperable;

(v) Has an approximate fair market value equal only to the approximate value of the scrap in it.

(u) Section 202, add new definition:

Vehicle as defined in RCW 46.04.670. “Vehicle” includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. “Vehicle” does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. Mopeds are not considered vehicles or motor vehicles for the purposes of chapter 46.70 RCW. Bicycles are not considered vehicles for the purposes of chapter 46.12, 46.16A, or 46.70 RCW or RCW 82.12.045. Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter 46.12, 46.16A, 46.29, 46.37, or 46.70 RCW. A golf cart is not considered a vehicle, except for the purposes of chapter 46.61 RCW.

(v) Section 301.2, amend to read:

Owners remain liable for violations of duties imposed by this code even though an obligation is also imposed on the occupants of a building or premises, and even though the owner, by agreement, may impose on the occupant the duty of furnishing required equipment or of complying with this code. Buildings, structures and premises shall be maintained in a safe and sanitary condition and shall comply with the requirements of this chapter.

(w) Section 301.4, Security, shall be added and shall read:

All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes.

(x) Section 302.1, amend to read:

Exterior property and premises shall be maintained in a clean, safe and sanitary condition and free from any accumulation of rubbish, garbage or fire hazards.

(y) Section 302.4, amend to read:

Premises and exterior property shall be maintained free from weeds or plant growth in excess of 6 inches on developed properties and 12 inches on undeveloped properties; or if the weeds or plant growth is in such a condition as to cause a fire or a provide a ready fuel to augment the spread and intensity of fire, in the opinion of the Fire Code Official or Code Official. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual or perennial plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Non-residential properties that have landscaping due to permitting requirements shall maintain said landscaping in compliance with the Approved Landscaping Plan for the project.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner of the property.

(z) Section 302.7, amend to read:

Accessory structures, including detached garages, storage buildings, carports, fences and retaining walls, shall be maintained structurally sound and in good repair.

(aa) Section 302.8, amend to read:

Except as provided for in other regulations, no junk vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

Exception: In residential zones, personal passenger vehicles are permitted to undergo major overhaul, including body work, provided that such work is performed inside a permanent structure. In commercial zones, vehicles of any type are permitted to undergo major overhaul, including body work, provided that such work is performed inside a permanent structure or similarly enclosed area designed, permitted and approved for such purposes.

(bb) Section 302.10, Semi-tractors, semi-trailers and storage containers, shall be added and shall read:

Any use of, parking of or storage of semi-tractors, semi-trailers and storage containers where the primary use of the property is residential, is prohibited.

(cc) Section 302.11, Vehicle storage in residential zones, shall be added and shall read:

A. The following vehicle types may be stored on a residential lot upon which a principal dwelling is located: recreational vehicles, campers, travel trailers, boats, motorcycles, and other types of similar recreational vehicles. If such vehicles are located within the front or street-side setback of the principal building and/or accessory building, they must be stored on an approved driveway (see WCC Chapter 10.60). In addition, any vehicle stored on a residential lot shall be owned by the owner of the property or resident of the dwelling.

B. Vehicles over sixteen thousand pounds gross vehicle weight which are not specifically mentioned in subsection A of this section shall not be parked or stored on residentially zoned lots. In respect to any motor vehicle designed, used or maintained primarily for the transportation of property which is not equipped with a plate or marker showing the manufacturer’s gross vehicle weight rating, the weight of a vehicle shall be determined as follows:

1. Any vehicle having less than six wheels is the equivalent of a vehicle having a manufacturer’s gross vehicle weight rating of less than sixteen thousand pounds.

2. Any vehicle having six wheels or more is the equivalent of a vehicle having a manufacturer’s gross vehicle weight rating of sixteen thousand pounds or more.

C. It shall be unlawful for any person to park a recreational vehicle, as defined in WCC 6B.02.030, on a City street within a residential zone at any time except during such period as the vehicle is in the process of being loaded and unloaded and the driver or owner is in actual attendance of the vehicle.

(dd) Section 303.2, amend to read:

Private swimming pool, hot tub and spa enclosures shall comply with the applicable requirements of the current edition of the International Swimming Pool and Spa Code and Title 10 of the Wenatchee City Code.

(ee) Section 304.14: Delete entire section.

(ff) Section 308.2.2, amend to read:

Refrigerators, freezers and similar equipment not in operation shall not be discarded, abandoned or stored on premises.

(gg) Section 308.3.1, amend to read:

The owner of every dwelling or dwelling unit shall supply an approved leak proof, covered, outside garbage container. The owner of the premises shall be responsible for the disposal of garbage and rubbish by the city’s contract hauler and maintaining said disposal service by the city’s contract hauler. Excluding alleys, containers shall be stored behind the front building line, or screened from view from the street and behind the front setback line, except on the day of scheduled collection. Containers shall be placed at curbside on a public street or private road on the day of scheduled collection day, and shall be removed to their proper storage location as soon as possible, but not later than 24 hours after collection.

(hh) Section 502.5, amend to read:

Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with Plumbing Code adopted by the city. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

(ii) Section 505.1, amend to read:

Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot and cold running water in accordance with the Plumbing Code adopted by the city.

(jj) Section 602.3, amend to read:

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

(kk) Amend Section 602.2:

Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.

(ll) Section 602.4: Delete entire section. (Ord. 2022-21 § 4; Ord. 2021-01 § 1; Ord. 2019-20 § 2; Ord. 2016-12 § 1; Ord. 2013-17 § 1; Ord. 2010-13 § 1; Ord. 2007-30 § 2; Ord. 2004-25 § 3)

2.04.030 General requirements for all referenced codes.

(1) Conflict between Codes. Whenever there is a conflict between a referenced code in WCC 2.04.010 and the general requirements contained in WCC 2.04.020, the general requirements shall apply.

(2) Design Requirements for Use in 2018 International Residential Code.

Flat Roof Snow Load Non Reduceable	Wind Speed	Seismic Design Category	Weathering	Frost Line Depth	Termites	Decay	Winter Design Temp.	Ice Shield Underlay	Air Freeze Index	Mean Annual Temp.	Assumed Soil Bearing
40 PSF	85 mph Exp. C	C	Severe	18''	Slight to moderate	None to slight	10 degrees F.	Yes	1232	51.3 degrees F.	1500 PSF

(3) Design Requirements for Use in 2018 International Building Code.

Flat Roof Snow Load Non Reduceable	Wind Speed	Seismic Design Category	Weathering	Frost Line Depth	Termites	Decay	Winter Design Temp.	Ice Shield Underlay	Air Freeze Index	Mean Annual Temp.	Assumed Soil Bearing
40 PSF	85 mph Exp. C	D (Assumed)	Severe	18''	Slight to moderate	None to slight	10 degrees F.	Yes	1232	51.3 degrees F.	1500 PSF

(4) Professional Preparation of Plans. Plans for any building or structure containing more than four dwelling units shall have the stamp and signature of a Washington State registered architect.

(5) Final Electrical Inspections. An electrical final inspection is required in all buildings within the city where circuits have been added or altered. The electrical contracting firm or person who has been permitted to do the wiring shall be responsible to contact the State of Washington Department of Labor and Industries Electrical Inspector to request an inspection once wiring is completed and to make any corrections deemed necessary by the State of Washington Department of Labor and Industries Electrical Inspector. (Ord. 2021-01 § 1; Ord. 2016-12 § 1; Ord. 2013-17 § 1; Ord. 2010-13 § 1; Ord. 2007-30 § 3; Ord. 2004-25 § 4)