Chapter 17.10
ADOPTION OF INTERNATIONAL BUILDING CODES AND STANDARD SPECIFICATIONS
Sections:
17.10.010 Codes adopted – Copies on file.
17.10.020 Building code review and permit fees.
17.10.030 Fire code permit, plan review and inspection fees.
17.10.040 Violations, abatement and penalties.
17.10.050 Hearing examiner – Powers and duties.
17.10.070 Definition of code official.
17.10.010 Codes adopted – Copies on file.
A. The International Building Code, 2018 Edition, as amended by Chapter 51-50 WAC, including the Appendix Chapters G, Flood Resistant Construction; I, Patio Covers; and J, Grading.
1. The following sections of the International Building Code, 2018 Edition, are amended to read as follows:
a. Section 101.1.
These regulations shall be known as the Building Code of the City of Chehalis, Washington, hereinafter referred to as “this code.”
b. Section 101.4.1, Electrical.
The provisions of the 2017 National Electric Code as adopted in City of Chehalis Municipal Code Chapter 17.10.010(C) shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
c. Section 101.4.4, Plumbing.
The provisions of the 2018 Uniform Plumbing Code as adopted by City of Chehalis Municipal Code Chapter 17.10.010(D) 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. The provisions of the State of Washington requirements for private sewage disposal shall apply to private sewage disposal systems.
d. Section 101.4.5, 2018 International Property Maintenance Code.
The provisions of the 2018 International Property Maintenance Code as adopted by City of Chehalis Municipal Code Chapter 17.10.010(F) shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards, responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
e. Section 101.4.7, 2018 Washington State Energy Code.
The provisions of the 2018 Washington International Energy Conservation Code/Washington State Energy Code adopted by City of Chehalis Chapter 17.10.010(G) shall apply to all matters governing the design and construction of buildings for energy efficiency and will be known as the Washington State Energy Code.
f. Section 105.5, Expiration.
Every permit issued shall become invalid unless the work authorized by such permit is inspected within 180 days after its issuance, and within 180 days thereafter for all required inspections per section 109. If the work authorized by such permit is suspended or abandoned for a period of 180 days after the last required inspection the building official is authorized to grant, in writing, up to two extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
g. Section 108.3 shall have a new sentence added to the end of the paragraph as follows:
The value for commonly built structures shall be determined by using the Building Code and Permit fees as established in Chehalis Municipal Code 17.10.020.
h. Section 109.3.9, Special inspections.
Special inspections required by this code and Section 1704 shall be made by Special Inspection Labs and Inspectors certified and approved by Washington Association of Building Officials (WABO) or based upon adequate documentation and approved national certification, the Building Official can approve an Agency for inspection and testing work.
2. The following sections of the International Building Code, 2018 Edition, are deleted:
a. Section 112 – Board of appeals.
b. Section 113.2 – Notice of violation.
c. Section 113.3 – Prosecution of violation.
d. Section 113.4 – Violation penalties.
B. The International Residential Code, 2018 Edition, as amended by Chapter 51-51 WAC, including Appendix Chapters G, Swimming Pools, Spas, and Hot Tubs; H, Patio Covers; U, Dwelling Unit Fire Sprinkler Systems; and V, Fire Sprinklers, excluding nonmandatory provisions for sprinkling systems.
The following sections of the International Residential Code are amended to read as follows:
1. Section 105.5, Expiration.
Every permit issued shall become invalid unless the work authorized by such permit is inspected within 180 days after its issuance, and within 180 days thereafter for all required inspections per section 109. If the work authorized by such permit is suspended or abandoned for a period of 180 days after the last required inspection the building official is authorized to grant, in writing, up to two extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
2. R109.2, Inspection agencies.
The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability as required by Washington Association of Building Officials (WABO) requirements for Special Inspection Agencies or based upon adequate documentation and approved national certification the Building Official can approve an Agency for inspection and testing work.
3. Table R301.2(a), Climatic and Geographic Design Criteria, to be filled in as follows:
Ground Snow Load: 25 psf. Minimum design is 25 psf.
Wind Speed (mph): 110 mph 3-second gust
Seismic Design Category: D1
Subject to Damage From Weathering: Moderate
Frost Line Depth: 12"
Termite: Slight to moderate
Decay: moderate to severe
Winter Design Temp.: 25° F
Air Freezing Index: 172
Mean Annual Temperature: 52° F
C. The National Electric Code, 2017 Edition.
D. The Uniform Plumbing Code, 2018 Edition.
E. The International Mechanical Code, 2018 Edition.
F. The International Property Maintenance Code, 2018 Edition. The following sections of the International Property Maintenance Code, 2018 Edition, are amended:
1. Section 103.1, General.
[A] 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the Director of Community Development (or equivalent position) or his/her designee. All references to “code official” shall mean the Director of Community Development (or equivalent position) or his/her designee.
2. Section 103.2, Appointment.
[A] 103.2 Appointment. The Director of Community Development (or equivalent position) is hereby appointed as the “code official.”
3. Section 106, Violations, shall be reinstated in its entirety with the following amendments:
[A] 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as indicated in CMC Chapter 17.10.040, and the violation shall be deemed a strict liability offense. If the 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 of the order 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.
[A] 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted in accordance with CMC Chapter 17.10.040. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
4. Section 107, Notices and orders, shall be reinstated in its entirety with the following amendment:
[A] 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in CMC Chapter 17.10.040.
5. Section 111, Means of appeals.
[A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Hearings Examiner, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
[A] 111.4 Open hearing. Hearings before the Hearings Examiner shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.
[A] 111.5 Postponed hearing. Postponement or continuance of an appeal maybe requested by either Party to the matter. All postponements or continuances of a hearing shall be approved or denied by the Hearings Examiner.
[A] 111.6.1 Records and copies. The decision of the Hearings Examiner shall be recorded. Copies shall be furnished to the appellant and to the code official.
[A] 111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board.
[A] 111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
[A] 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Hearings Examiner.
G. The 2018 Washington International Energy Conservation Code as adopted by the state.
H. The International Mechanical Code, 2018 Edition, as amended by Chapter 51-52 WAC, published by the International Code Council, and the International Fuel Gas Code, 2018 Edition, except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code), as the mechanical code of the city.
I. The Uniform Plumbing Code, 2018 Edition, as amended by Chapter 51-56 WAC, published by the International Association of Plumbing and Mechanical Officials, including Appendix M as amended; provided, that any provisions of such code affecting fuel gas piping are not adopted, is adopted as the plumbing code for the city.
J. The International Existing Building Code, 2018 Edition, published by the International Code Council.
K. The 2018 Edition of the International Fire Code, as amended.
L. The International Fire Code, 2018 Edition, as amended by Chapter 51-54 WAC, including those standards of the National Fire Protection Association specifically referenced in the International Fire Code; provided, that, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles. Section 308.3.1, Open-flame cooking devices, is deleted in its entirety. Section 503, Fire apparatus access roads, is also adopted. Finally, such adoption shall include appendices.
1. The following sections of the International Fire Code are amended to read as follows:
a. Section 101.1, Title.
These regulations shall be known as the Fire Code of the City of Chehalis hereinafter referred to as “this code.”
i. Wherever the word “jurisdiction” is used in the International Fire Code, it means the City of Chehalis.
ii. Wherever the term “corporate counsel” is used in the International Fire Code, it means the attorney for the City of Chehalis.
iii “Fire Department” means the Chehalis Fire Department.
iv. “Fire Chief” means the chief of the Chehalis Fire Department or his/her designee.
b. Section 3404.2.9.5.1, Locations where above-ground tanks are prohibited.
The limits referred to in Section 3404.2.9.5.1 of the International Fire Code in which storage of Class I and Class II liquids outside in aboveground storage tanks is prohibited, are established as critical areas, except for tanks that comply with Section 3404.2.8 Vaults.
c. Section 3804.2, Maximum capacity within established limits.
The limits referred to in Section 3804.2 of the International Fire Code in which liquefied petroleum gas is restricted are established in Table 3804.3 when referring to above-ground containers.
d. Appendix B, Section B105, Fire-Flow Requirements for Buildings.
B105.1 One and two family dwellings. Water tender credit, as established by the Washington Surveying and Rating Bureau, shall be permitted to satisfy the minimum fire-flow and flow duration requirements for one and two family dwellings in the Urban Growth Area (UGA).
2. The following sections of the International Fire Code are deleted:
a. Section 108, Board of appeals.
b. Section 109.2, Notice of violation.
c. Section 109.2.1, Service.
d. Section 109.2.2, Compliance with orders and notices.
e. Section 109.2.3, Prosecution of violations.
f. Section 109.3, Violation penalties.
g. Section 109.3.1, Abatement of violations.
M. International Urban-Wildland Interface Code, as amended by Chapter 51-54 RCW and upon completion of the statewide mapping of the wildland urban interface areas consistent with the following parts of the 2018 International Wildland Urban Interface Code, which are adopted by reference:
1. The following parts of Section 504 class 1 ignition-resistant construction:
a. Section 504.2 Roof covering. Roofs shall have a roof assembly that complies with class A rating when testing in accordance with American society for testing materials E 108 or underwriters laboratories 790. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers, or have one layer of seventy-two pound mineral-surfaced, nonperforated camp sheet complying with American society for testing materials D 3909 installed over the combustible decking.
b. The roof covering on buildings or structures in existence prior to the adoption of the wildland urban interface code under this section that are replaced or have fifty percent or more replaced in a twelve month period shall be replaced with a roof covering required for new construction based on the type of ignition-resistant construction specified in accordance with section 503 of the International Wildland Urban Interface Code.
c. The roof covering on any addition to a building or structure shall be replaced with a roof covering required for new construction based on the type of ignition-resistant construction specified in accordance with section 503 of the International Wildland Urban Interface Code.
2. Section 504.5, Exterior walls.
Exterior walls of buildings or structures shall be constructed with one of the following methods. Such materials shall extend from the top of the foundation to the underside of the roof sheathing:
a. Materials approved for not less than one hour fire-resistance rated construction on the exterior side;
b. Approved noncombustible materials;
c. Heavy timber or log wall construction;
d. Fire retardant-treated wood on the exterior side. The fire retardant-treated wood shall be labeled for exterior use and meet the requirements of section 2303.2 of the International Building Code; or
e. Ignition-resistant materials on the exterior side.
3. Section 504.7, Appendages and projections.
Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall not be less than one hour fire-resistance rated construction, heavy timber construction, or constructed of one of the following. This section does not apply to an unenclosed accessory structure attached to buildings with habitable spaces and projections, such as decks, attached to the first floor of a building if the structure is built with building materials at least two inches nominal depth and the area below the unenclosed accessory structure is screened with wire mesh screening to prevent embers from coming in from underneath.
a. Approved noncombustible materials;
b. Fire retardant-treated wood identified for exterior use and meeting the requirements of section 2303.2 of the International Building Code; or
c. Ignition-resistant building materials in accordance with section 503.2 of the International Wildland Urban Interface Code.
4. Section 403.2 Driveways.
Driveways shall be provided where any portion of an exterior wall of the first story of the building is located more than one hundred fifty feet from a fire apparatus access road. Driveways in excess of three hundred feet in length shall be provided with turnarounds and driveways in excess of five hundred feet in length and less than twenty feet in width shall be provided with turnouts and turnarounds. The City of Chehalis will define the requirements for a turnout or turnaround as required in this subsection.
[Ord. 1018B, 2021.]
17.10.020 Building code review and permit fees.
The determination of value or valuation under any of the provisions of this code shall be made by the building official based on the valuation data established by the International Code Council (ICC) or other nationally recognized building organizations under the provisions of building standards valuation data for commercial projects, and as established in the city of Chehalis standardized table for residential projects. The value to be used in computing the building and building plan review fees shall be the total of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, and other permanent equipment.
All building code review and permit fees are established by the ordinance by the city council as currently adopted or amended in the future. [Ord. 1018B, 2021.]
17.10.030 Fire code permit, plan review and inspection fees.
A. For installation or alteration of any of the following systems or devices, the fee will be based on the Chehalis fee schedule as adopted by the city council or amended in the future.1
1. Fire alarm systems.
2. Fire extinguishing systems.
3. Smoke removal systems.
4. Kitchen hood and duct systems.
5. Dust removal systems.
6. Flammable/combustible liquids.
7. Application of flammable/combustible finishes.
8. Commercial drying ovens.
9. Compressed gas systems.
10. Explosives/magazines.
11. LPG installations.
12. Hazardous materials storage.
13. Refrigeration systems.
14. Technical assistance provisions of UFC 103.1.1.
15. All other fire protection requirements such as access, calculation of fire flow or life safety requirements or other reviews conducted pursuant to the international codes, standards and ordinances adopted by the city. [Ord. 1018B, 2021.]
17.10.040 Violations, abatement and penalties.
A. Investigation of Complaint. Upon receipt of information or upon personal observation that a violation exists as defined in this chapter, the enforcement officer shall cause an investigation of the matter and premises involved. All entries upon premises for the purpose of this chapter shall be subject to subsection (I) of this section.
B. Abatement Procedure. After having made a finding that a violation exists, the enforcement officer shall require the owner of the premises involved, as listed by the Lewis County assessor’s office, to abate the violation at his or her own cost and expense, in whole or in part. The enforcement officer shall give written notice to the owner describing the property involved, the condition to be corrected, and a specified reasonable time within which the owner must correct the condition, which shall not be less than 14 days from the date of service by mail as evidenced by the postmark on the notice. In the event of an emergency condition, of which the enforcement officer shall be the sole judge, the time of compliance may be reduced to 24 hours. The notice must further specify:
1. That if the owner fails to abate the violation within the specified period of time, the city shall cause the work to be performed and shall assess all or any portion of the cost thereof against the owner;
2. That the owner may be liable for civil penalties for each day or part of day that the condition continues to exist following the notice; and
3. That the owner additionally may be liable to criminal prosecution, as provided in this chapter.
C. Service of Notice of Violation. The notice given by the enforcement officer to the owner shall be deposited in the United States mail by certified mail with a return receipt requested or shall be personally served by delivering a copy thereof to the owner or by leaving the same with a person of suitable age (18 years or older) and discretion at the owner’s place of residence. If the owner is not a resident of the city, the notice shall be served by leaving the same with the tenant in possession of the property or, if there is no such tenant, by posting a copy of the notice in a conspicuous place on the property involved, and by mailing a copy thereof to the owner at his or her last known address as listed by the Lewis County assessor’s office, if any. Service by mail will be deemed complete at the end of the third full day following its deposit in the U.S. mail, postage prepaid.
D. Failure to Comply with Notice of Violation. After the time for compliance and a notice of violation has expired, the code enforcement officer shall reinspect the premises and determine if the violation has been abated as required in the notice of violation. In the event of no action or insufficient action to abate the violation, the code enforcement officer may take any and all means necessary to enforce the applicable code, including but not limited to: issuance of civil infractions, issuance of criminal citations, commencement of civil, criminal, and equitable proceedings with the assistance of the city attorney to abate a violation and have the violation abated by the city.
E. Liability for Costs of Abatement. The property owner shall be liable for all costs and expenses associated with a violation abatement conducted by the city of any building, structure or on the premises. In all cases where the city abates any such violation, the enforcement officer shall keep an account of all costs and expenses attending such abatement. The amount of the cost of such abatement shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. Upon certification to the Lewis County treasurer by the finance director of the city of Chehalis, the treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for delinquent taxes, and when collected to be deposited to the credit of the general fund of the municipality. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. The city shall reserve the right to negotiate with property owners to recover the costs of abatement.
F. Liability for Continuing Violation. Every successive owner or occupant of property who neglects to abate a continuing violation upon or in the use of such property caused by a former owner is liable thereof in the same manner as the owner who created it.
G. Cumulative Effect of Chapter. The provisions of this chapter shall be cumulative and in addition to the provisions of the now existing ordinances of the city, and shall not have the effect of repealing any ordinance of the city now in effect.
H. Violations – Civil Infraction – Misdemeanor – Gross Misdemeanor.
1. Any person, firm or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed the following:
a. First Offense. Constitutes a Class 1 civil infraction with the maximum assessment not to exceed the amount of $250.00, not including statutory assessments.
b. Second Offense. Constitutes a misdemeanor and, if found guilty, shall be subject to a fine not to exceed $1,000, plus costs and assessments, and/or imprisonment not to exceed ninety days or to both such fine and imprisonment. A second offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.
c. Third or Subsequent Offenses. Constitutes a gross misdemeanor and, if found guilty, shall be subject to a fine not to exceed $5,000, plus costs and assessments, and/or imprisonment not to exceed 365 days or both such fine and imprisonment. A third or subsequent offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.
I. Right of Entry for Inspection and Code Enforcement. Whenever necessary to make an inspection to enforce any provision of this code, or whenever there is reasonable cause to believe that there exists a violation of this code in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this code; provided, that except in emergency situations, he or she shall first give the owner and/or occupant, if they can be located after reasonable effort, 72 hours’ written notice of the authorized official’s intention to inspect. In the event the owner and/or occupant refuses entry, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. [Ord. 1018B, 2021.]
17.10.050 Hearing examiner – Powers and duties.
All appeals authorized by the codes shall be to the city’s hearing examiner as established by Chapter 2.50 CMC. The hearing examiner shall utilize the procedures and penalties set forth in this chapter. The hearing examiner shall serve in lieu of all boards of appeals mentioned or described in the codes as adopted and amended by the city. [Ord. 1018B, 2021.]
17.10.060 Conflicts.
The penalties provided in this chapter are intended to be in addition to, and not to supersede, any penalties provided in any of the codes adopted in CMC 17.10.010. In the event of a conflict between the penalty provisions of this chapter and the penalty provisions in any of the codes, this chapter shall control. [Ord. 1018B, 2021.]
17.10.070 Definition of code official.
The term “code official” for purposes of all codes within this chapter shall mean the director of community development (or equivalent position) or his/her designee. [Ord. 1018B, 2021.]
Contact planning and building department (community development) for fees.