Chapter 15.04
BUILDING CODE

Sections:

15.04.010    Title.

15.04.015    Repealed.

15.04.020    Codes adopted by reference.

15.04.021    Design requirements.

15.04.023    International Building Code, Section 104.6 and International Residential Code, Section R104.6 amended – Right of Entry; International Building Code, Section 114 and International Residential Code, Section R113 amended – Violations; International Building Code, Section 115 and International Residential Code, Section R114 amended – Stop Work Order.

15.04.026    Section 204 deleted.

15.04.030    Violations – Enforcement and penalty.

15.04.040    Uniform Building Code – Section 106.4 amended – Permits issuance.

15.04.050    International Building Code, Section 108.2 and International Residential Code, Section R108.2 amended – Fees.

15.04.060    Repealed.

15.04.080    Repealed.

15.04.090    Repealed.

15.04.095    Repealed.

15.04.100    Fee schedule – Installation of solid fuel burning appliances.

15.04.110    Repealed.

15.04.120    Administrative variance – Compliance with Americans with Disabilities Act.

15.04.130    Appeals.

15.04.010 Title.

This chapter and amendments hereto shall constitute the “city building code” of the city and may be cited as such. (Ord. 89-22 § 1, 1989: Ord. 86-14 § 1, 1986: Ord. 79-28 § 1, 1979)

15.04.015 Definitions.

Repealed by Ord. 2003-22. (Ord. 96-12 § 1, 1996; Ord. 95-02 § 2, 1995)

15.04.020 Codes adopted by reference.

The following codes are adopted by reference subject to the amendments set forth in BIMC 15.04.021 through 15.04.050 and Resolution 99-31:

A. The International Building Code, 2015 Edition, published by the International Code Council, and amended by the State Building Code Council in Chapter 51-50 WAC, together with ICC A117.1 2009, Appendix C (Agricultural Buildings), Appendix E (Supplementary Accessibility Requirements), Appendix J (Grading), and the 2015 International Existing Building Code;

B. The International Residential Code, 2015 Edition, published by the International Code Council, and amended by the State Building Code Council in Chapter 51-51 WAC together with Appendix F (Radon Control Measures), and Appendix J (Existing Buildings and Structures);

C. The Uniform Plumbing Code, 2015 Edition, published by the International Association of Plumbing and Mechanical Officials, and amended by the State Building Code Council in Chapter 51-56 WAC including Appendices A, B and I;

D. The International Mechanical Code, 2015 Edition, published by the International Code Council, and amended by the State Building Code Council in Chapter 51-52 WAC; except that the standards for handling liquefied petroleum gas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code);

E. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Conference of Building Officials;

F. The International Energy Conservation Code, 2015 Edition, published by the State Building Code Council, and amended in Chapters 51-11C and 51-11R WAC;

G. The Uniform Administrative Code, 1997 Edition, published by the International Conference of Building Officials;

H. The International Fuel Gas Code, 2015 Edition, published by the International Code Council;

I. The Uniform Building Code, 1997 Edition, Table 1-A only, published by the International Conference of Building Officials;

J. The International Green Construction Code (IGCC), 2015 Edition, is adopted by reference as an optional alternative to the 2015 IBC and/or 2015 IRC;

K. The International Swimming Pool and Spa Code, 2015 Edition, published by the International Code Council;

L. The International Property Maintenance Code, 2015 Edition, published by the International Code Council.

In case of conflict among the BIMC and codes adopted in subsections A, B, C, D, E, F, G, H, I, J, K, and L of this section, the BIMC shall govern. (Ord. 2016-14 § 1, 2016: Ord. 2013-10 § 1, 2013: Ord. 2010-17 § 1, 2010: Ord. 2008-10 § 8, 2008: Ord. 2007-17 § 1, 2007: Ord. 2004-14 § 1, 2004: Ord. 98-30 § 2, 1998; Ord. 96-12 § 3, 1996; Ord. 93-20 § 1, 1993: Ord. 91-17 § 1, 1991; Ord. 89-46 § 1, 1989; Ord. 89-22 § 2, 1989; Ord. 87-27 § 1, 1987; Ord. 86-17 §§ 1, 2, 1986; Ord. 86-14 § 2, 1986: Ord. 86-06 § 1, 1986; Ord. 84-02 § 1, 1984: Ord. 81-07 § 1, 1981: Ord. 79-28 § 2, 1979)

15.04.021 Design requirements.

IRC Table R301.2(1) is amended by filling in the blanks of the table as follows:

Snow Load: 25 psf

Wind Speed: 85 mph

Seismic Category: D2

Weathering: Moderate

Frost Line Depth: 12 inches

Termite: Slight to Moderate

Decay: Slight to Moderate

Winter Design Temp: 27 degrees F

Ice Shield Underlayment Required: No

Flood Hazards: Per BIMC 15.16

Air Freezing Index: 113

Mean Annual Temp: 53 degrees F

(Ord. 2016-14 § 2, 2016: Ord. 2013-10 § 2, 2013: Ord. 2010-17 § 2, 2010: Ord. 2007-17 § 2, 2007: Ord. 2004-14 § 2, 2004)

15.04.023 International Building Code, Section 104.6 and International Residential Code, Section R104.6 amended – Right of Entry; International Building Code, Section 114 and International Residential Code, Section R113 amended – Violations; International Building Code, Section 115 and International Residential Code, Section R114 amended – Stop Work Order.

Section 104.6 Right of Entry. The right of entry for the building official shall be as set forth in BIMC 1.26.020.

Section R104.6 Right of Entry. The right of entry for the building official shall be as set forth in BIMC 1.26.020.

Section 114 Violations. The building official may order discontinuance or vacation of a use, structure, building or equipment in accordance with Chapter 1.26 BIMC.

Section R113 Violations. The building official may order discontinuance or vacation of a use, structure, building or equipment in accordance with Chapter 1.26 BIMC.

Section 115 Stop Work Orders. The building official may order work stopped in accordance with Chapter 1.26 BIMC.

Section R114 Stop Work Order. The building official may order work stopped in accordance with Chapter 1.26 BIMC.

(Ord. 2016-14 § 3, 2016: Ord. 2013-10 § 3, 2013: Ord. 2010-17 § 3, 2010: Ord. 2004-14 § 3, 2004; Ord. 96-12 § 2, 1996)

15.04.026 Section 204 deleted.

Section 204 of the Uniform Building Code adopted in BIMC 15.04.020 is repealed. (Ord. 95-02 § 3, 1995)

15.04.030 Violations – Enforcement and penalty.

A. 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 or permit the same to be done, contrary to or in violation of any of the provisions of the city building code.

B. It is unlawful for any person to remove or deface any sign, notice, complaint or order required by or posted in accordance with the city building code.

C. It is unlawful to misrepresent any material fact in any application, plans or other information submitted to obtain any permits or authorizations under the city building code.

D. Civil Infraction. Except as provided in subsection E of this section, conduct made unlawful by the city building code shall constitute a civil infraction and is subject to enforcement and fines as provided in BIMC 1.26.035, including payment of a fine of not more than $500.00 per violation for each day of noncompliance and payment of court costs. A civil infraction under this section shall be processed in the manner set forth in Chapter 1.26 BIMC.

E. Misdemeanor. Any person who again violates this section within 12 months after receiving a notice of infraction pursuant to subsection A of this section commits a misdemeanor and any person who is convicted thereof shall be punished as provided in BIMC 1.24.010.A.

F. Civil Penalty. In addition to any civil infraction fine, criminal penalty, and/or other available sanction or remedial procedure, any person engaging in conduct made unlawful by the city building code shall be subject to a cumulative civil penalty in the amount of $1,000 per day for each violation from the date set for compliance until the date of compliance. Any such civil penalty shall be collected in accordance with BIMC 1.26.090.

G. Additional Remedies. In addition to any other remedy provided by this chapter or under the Bainbridge Island Municipal Code, the city may initiate injunction or abatement proceedings or any other appropriate action in courts against any person who violates or fails to comply with any provision of this chapter to prevent, enjoin, abate, and/or terminate violations of this chapter and/or to restore a condition which existed prior to the violation. In any such proceeding, the person violating and/or failing to comply with any provisions of the city building code shall be liable for the costs and reasonable attorneys’ fees incurred by the city in bringing, maintaining and/or prosecuting such action.

H. In the event and to the extent the language of this section conflicts with language of the codes and/or appendices adopted by reference in BIMC 15.04.020, the language of this section shall prevail over the language it conflicts with in any said code and/or appendix. (Ord. 2007-17 § 3, 2007: Ord. 2004-14 § 4, 2004: Ord. 98-05 § 1, 1998; Ord. 96-12 § 4, 1996; Ord. 95-02 § 4, 1995; Ord. 89-22 § 3, 1989; Ord. 86-14 § 3, 1986; Ord. 84-02 § 2, 1984: Ord. 81-18 § 1, 1981: Ord. 79-28 § 3(A), 1979)

15.04.040 Uniform Building Code – Section 106.4 amended – Permits issuance.

A. Permit Required.

1. Issuance Procedure. The application, plans and specifications and other data filed by an applicant for a permit shall be checked by the building official or his/her designee for a determination of completeness. The building permit application shall be considered complete only after:

a. The determination that the official application form is complete.

b. The plans submitted are adequate to evaluate the proposed project.

c. The plan check fees have been paid by the applicant.

The complete application and building plans shall be reviewed by the building official for compliance with codes adopted by this chapter and other pertinent laws and ordinances in effect in the city of Bainbridge Island. When the building official is satisfied that the work as described in the application satisfies the requirements of this code and conforms to other pertinent laws and ordinances, the applicant will be required to pay the calculated building permit fee. A building permit shall then be issued to the applicant for the work described.

2. Compliance with Approved Plans and Permits. When the building official issues a permit, he/she shall endorse the permit in writing or stamp the plans “APPROVED.” Such approved plans and permit shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with the approved plans and permit except as the building official may require during field inspection to correct errors or omissions.

3. Permits for Part of a Project. The building official may issue a permit after payment of the required fee for the construction of part of a project before complete plans for the whole project have been submitted or approved; provided, that the proposed project complies with the State Environmental Policy Act and the zoning ordinance (including site plan review); and provided further, that adequate information and plans have been filed and checked to assure compliance with all requirements of this and other pertinent codes.

4. Amendments to the Permit. When substitutions and changes are made during construction, approval shall be secured prior to execution. Substitutions, changes and clarifications shall be shown on two sets of plans which shall be submitted to and approved by the building official, accompanied by redesign fees, prior to occupancy.

5. Cancellation of Permit Application. If a permit is not issued after a period of six months from the date of approval for issuance or date of notification of required corrections, the applicant shall be notified in writing that the permit application will be canceled after one month. After that time, the site shall be inspected to verify that no work has taken place. The application shall be canceled and it and any accompanying plans and specifications destroyed and the portion of the fee paid forfeited. Upon written request of the applicant, prior to cancellation, the building official may extend the life of the permit application for a period not to exceed six months, with no other extensions possible; except that applications may be further extended by the building official where permit issuance is delayed by litigation, appeals or similar problems. Application forms and plans for such canceled permit applications shall not be retained by the city. Any application for a permit for the same structure and/or site for which the original permit was canceled shall be considered a new application requiring a new application and submittal of a new complete set of plans, recalculations of the fees by the building official and payment of the full fee. All ordinances in effect at the time of the filing of the new completed application shall be complied with.

B. Retention of Plans for Work Under Construction. One set of approved plans shall be retained by the building official for a period of 90 days from the date of the final inspection and one set of approved plans shall be returned to the applicant, which set shall be kept on such building or work site at all times during which the work authorized is in progress for use by the building inspector.

C. Validity. The issuance or granting of a permit or approval of plans shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of this jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.

The issuance of a permit based upon plans shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications or other data, or from preventing building operations being carried on thereunder when in violation of this code or of any other ordinances of the city.

The issuance of a building permit shall not prevent the building official from requiring correction of conditions found to be in violation of this code or any ordinance of the city, nor shall the period of time for which any such permit is issued by construed to intend or otherwise affect any period of time for compliance specified in any notice or order issued by the building official or other administrative authority requiring the correction of any such condition.

D. Expiration.

1. Permits and Renewals Where Work is Progressing. Permits shall expire one year from the date that the original permit was issued, except if specifically noted otherwise on the permit. Permits for major construction projects that require more than one year to complete may be issued for a length of time that provides a reasonable time to complete the work, however, in no case to exceed three years. Permits may be renewed and renewed permits may be further renewed by the building official upon application within the 30-day period immediately preceding the date of expiration thereof; provided, that the building official determines that the work permitted has been started and is progressing. If commencement or completion of the work is delayed by litigation, appeals, strikes or other causes beyond the permittee’s control, the expiration date will be extended the number of days the work was delayed by such causes. A new permit will be applied for where a permit has expired.

2. Permits and Renewals Where Work is Not Commenced or is Suspended. Permits and renewed permits shall expire 180 days from the date that the original permit or renewed permit was issued if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Permits may be renewed one time for such cases by the building official upon application within the 30-day period preceding expiration of the permit. A new permit will be applied for where a period has expired.

3. Application Process for New Permits and Renewals of Permits. A new permit shall be applied for where a permit has expired. A new application form and complete plans must be filed and a new fee shall be calculated by the building official and paid by the applicant. All ordinances in effect at the time of filing of a completed application shall be complied with. A permit may be renewed under the conditions set forth in this section upon written application for renewal. A renewal fee amounting to one-half the original fee shall be paid by the applicant before the renewal permit is issued.

4. Suspension or Revocation. The building official shall, by written order, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any provisions of this code. The building official may also suspend a permit in whole or in part and stop work pursuant to said permit whenever an appeal from the action of the building official issuing or renewing said permit has been filed pursuant to this chapter or other ordinance of the city of Bainbridge Island. (Ord. 2001-41 § 3, 2001; Ord. 96-12 § 5, 1996; Ord. 89-22 § 3, 1989; Ord. 86-14 § 3, 1986; Ord. 84-02 § 2, 1984: Ord. 81-30 § 1, 1981: Ord. 81-18 § 1, 1981: Ord. 79-28 § 3(B), 1979)

15.04.050 International Building Code, Section 108.2 and International Residential Code, Section R108.2 amended – Fees.

A. Permit Fees. The fee for each permit shall be calculated from the 1997 Uniform Administrative Code, which is adopted by reference, and using the most current building valuation data supplied by the International Code Council times a factor of 1.41. When building valuation data is updated by the International Code Council, the city’s fees shall be adjusted as of the first of the month at least 30 days after release of the updated figures from the International Code Council. The calculated fees may be reduced by a percentage discount as determined by resolution of the city council. In no case shall the fees charged for building permits exceed the cost to the city of the building permit regulatory function.

B. Plan Review Fees. When a plan or other data is 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 65 percent of the building permit fee calculated in subsection A of this section. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged.

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. An investigation fee, in addition to the permit fee, shall be collected whether a permit is then or subsequently issued. If a permit is not issued, the investigation fee shall be due to the city within 60 days from the date of notification the fee is due. The investigation fee shall be equal to the total permit cost, except the SBCC fee. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter or from any penalty prescribed by law.

D. Renewal Fees. Fees for renewals shall be one-half the amount required for a new permit for the work. Such fee may be waived by the building official following written request for same upon showing that circumstances beyond the control of the applicant prevented work from commencing or action from being taken.

E. Fee Refunds.

1. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The building official may authorize the 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.

3. The building official may authorize the 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 the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

F. Planning Review of Building Permits. When a plan or other data is required to be reviewed for conformity with the environmental or zoning chapters of the Bainbridge Island Municipal Code, a review fee shall be charged in the amount established by the city by resolution. Where plans are incomplete or changed so as to require additional environmental or zoning review, an additional review fee shall be charged. (Ord. 2013-10 § 4, 2013: Ord. 2007-08 § 1, 2007; Ord. 2006-25 § 1, 2006; Ord. 2005-38 §§ 1, 2, 2005; Ord. 2004-14 § 5, 2004: Ord. 97-10 § 4, 1997; Ord. 96-12 § 7, 1996; Ord. 89-22 § 3, 1989; Ord. 86-14 § 3, 1986; Ord. 84-02 § 2, 1984: Ord. 81-18 § 1, 1981: Ord. 79-28 § 3(C), 1979)

15.04.060 Uniform Building Code – Section 204-C (#5) amended – City defined.

Repealed by Ord. 2003-22. (Ord. 96-12 § 8, 1996; Ord. 89-22 § 3, 1989; Ord. 86-14 § 3, 1986; Ord. 84-02 § 2, 1984: Ord. 81-18 § 1, 1981: Ord. 79-28 § 3(D), 1979)

15.04.080 Uniform Plumbing Code – Schedule of fees amended.

Repealed by Ord. 96-12.

15.04.090 Fire protection systems.

Repealed by Ord. 2008-10. (Ord. 96-12 § 10, 1996; Ord. 90-02 §§ 1, 2, 1990; Ord. 89-14 § 4, 1989; Ord. 88-18 § 1, 1988; Ord. 86-17 § 3, 1986)

15.04.095 Fire lanes.

Repealed by Ord. 2008-10. (Ord. 2000-23 § 3, 2000)

15.04.100 Fee schedule – Installation of solid fuel burning appliances.

The city shall charge an appropriate fee for processing and issuing a permit for, or for inspecting, a wood stove or other solid fuel burning appliance in the amount established by the city by resolution. (Ord. 92-24 § 9, 1992: Ord. 87-27 § 2, 1987)

15.04.110 Burning permits.

Repealed by Ord. 2000-27. (Ord. 96-12 § 11, 1996; Ord. 89-63 §§ 2 – 6, 8, 1989: Ord. 89-16 § 1, 1989: Ord. 89-05, 1989)

15.04.120 Administrative variance – Compliance with Americans with Disabilities Act.

A. Application. A property owner may apply for an administrative variance from building setback requirements set forth in this code if the variance is requested solely for the purpose of complying with the Federal Americans with Disabilities Act and any amendments thereto. Administrative variance applicants shall not be required to comply with the procedures for obtaining a variance set forth in BIMC 2.16.060 and 2.16.120.

B. Procedures. The application shall be filed with the department of planning and community development on a form prescribed by the department. The director of planning and community development shall review the application and approve, approve with conditions or disapprove the application pursuant to BIMC 2.16.030.

C. Decision Criteria. The director of planning and community development may approve or approve with conditions an application for an administrative variance if:

1. The administrative variance is requested for the purpose of obtaining relief from building setback requirements set forth in this code;

2. The need for the administrative variance has not arisen from actions taken or proposed by the applicant;

3. The administrative variance is the minimum necessary to fulfill the need of the applicant;

4. The administrative variance is consistent with the purpose and intent of this code and in accordance with the city’s comprehensive plan; and

5. The administrative variance is necessary for the property to comply with the Federal Americans with Disabilities Act and any amendments thereto.

D. Expiration. An administrative variance automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date of the administrative variance unless:

1. The applicant has received an extension for the administrative variance; or

2. The administrative variance approval provides for a greater time period.

E. Extension. The director of planning and community development may grant one extension to the administrative variance for period not exceed one year if:

1. Unforeseen circumstances or conditions necessitate the extension of the administrative variance;

2. Termination of the administrative variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and

3. The extension request is received by the department of planning and community development no later than 30 days prior to the expiration of the administrative variance. (Ord. 96-12 § 12, 1996; Ord. 93-22 § 1, 1993)

15.04.130 Appeals.

A. General. Except for civil infractions, misdemeanors and civil penalties imposed pursuant to BIMC 15.04.030, the hearing examiner shall hear and decide appeals of orders, decisions and/or determinations made by the building official and/or director of planning and community development relative to the application and interpretation of the city building code.

B. Limitations on Authority. An application for appeal shall be based on a claim that the true intent of the city building code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the city building code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of the city building code.

C. In the event and to the extent the language of this section conflicts with language of the codes and/or appendices adopted by reference in BIMC 15.04.020, the language of this section shall prevail over the language it conflicts with in any said code and/or appendix. (Ord. 2007-17 § 4, 2007)