Chapter 21.01 BUILDING AND CONSTRUCTION CODE

The purpose of this chapter is to adopt certain appendices of the 2006 International Building Code, 2006 International Fire Code, 2006 International Mechanical Code, and 2006 Uniform Plumbing Code, adopt the 1997 Abatement of Dangerous Buildings Code, and adopt certain bluff setback standards. This chapter provides for minimum construction standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within Clallam County and certain equipment specifically regulated herein.

21.01.015 Definitions.

For the purpose of this chapter, certain terms or words herein shall be interpreted as specifically defined in this chapter. All other words in this chapter shall carry the meanings as specified in the International Building Code, Plumbing Code, Mechanical Code, Fire Code, or applicable regulation:

(1) “Building code” means the Clallam County building code, consisting of the following codes: the Washington State Building Code, which includes the codes amended and enumerated in RCW 19.27.031; the International Building Code; the International Residential Code; the International Mechanical Code; the International Fire Code; the Uniform Plumbing Code; the Washington State Energy Code; the Washington State Ventilation and Indoor Air Quality Code; Chapter 43.63B RCW, Mobile and Manufactured Home Installation; and any other ordinance of Clallam County as enumerated in this chapter.

(2) “Building Official/Fire Marshal” means the officer or other designated authority charged with the administration and enforcement of the Clallam County building code, or a duly authorized representative.

(3) “Department” means the Clallam County Department of Community Development.

(4) “Director” means the Director of the Clallam County Department of Community Development.

21.01.020 Contractor registration.

No building permit will be issued to a contractor without proof that said contractor is registered as a contractor with the State of Washington as per Chapter 18.27 RCW.

21.01.030 Public health and sanitation.

(1) It shall be required, prior to approval of a building permit for any structure containing or requiring on-site sewage disposal facilities, unless the structure is attached to an approved sewage disposal facility, that the applicant receive written approval of the Environmental Health Division of the Clallam County Department of Health and Human Services for such on-site sewage disposal facilities as may be necessary.

(2) It shall be required, prior to approval of a building permit for any structure containing or requiring potable water, that the applicant provides proof of potable water pursuant to RCW 19.27.097.

21.01.040 International Building Code.

Appendix C, Agricultural Buildings, Appendix G, Flood-Resistant Construction, and Appendix I, Patio Covers, of the 2006 International Building Code (IBC) are hereby adopted by reference.

21.01.045 Exemptions.

Section 105.2 of the International Building Code (IBC) as published by the International Code Council regarding exemptions from permit requirements shall be amended to read as follows:

1. One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses and classified as U Occupancies, provided that such buildings are for private use only and are accessory to single family dwellings and provided the floor area does not exceed 400 square feet. Eaves may project not more than 24 inches beyond the wall line.

2. Fences not over 6 feet high.

3. Oil derricks.

4. Movable cases, counters, and partitions not over five feet nine inches high.

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

6. Water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed two to one.

7. Platforms, walks, and driveways not more than thirty inches above grade and not over any basement or story below.

8. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.

9. Temporary motion picture, television, and theater stage sets and scenery.

10. Window awnings supported by an exterior wall which does not project more than 54 inches from the exterior wall and do not require additional support of R-3, as applicable in Section 101.2, and U Occupancies.

11. Prefabricated swimming pools accessory to a R-3 Occupancy, as applicable in Section 101.2, which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

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

13. Minor construction and alteration activities to R-3 and U Occupancies, where the total valuation, as determined by the Building Official or as documented by the applicant to the satisfaction of the building official, does not exceed $1,500 in any 12-month period. Provided that the construction and/or alteration activity does not affect any structural components or reduce existing egress, light, air, and ventilation conditions. This exemption does not include electrical, plumbing, or mechanical activities. The permit exemption shall not otherwise exempt the construction or alteration from the substantive standards of the codes enumerated in Section 19.27.031 RCW, as amended and maintained by the state building code council under Section 19.27.070 RCW.

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

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

21.01.050 Uniform Plumbing Code.

Appendix B, Explanatory Notes on Combination Waste and Vent Systems; Appendix D, Sizing Stormwater Drainage Systems; and Appendix E, Manufactured/Mobile Home and Recreational Vehicle Parks, of the 2006 Uniform Plumbing Code (UPC) as published by the International Association of Plumbing and Mechanical Officials are hereby adopted by reference.

21.01.060 International Mechanical Code.

Appendix A, Combustion Air Openings and Chimney Connector Pass-Throughs, of the 2006 International Mechanical Code (IMC) as published by the International Code Council is hereby adopted by reference.

21.01.070 International Fire Code.

Appendix E, Hazard Categories, and Appendix F, Hazard Ranking, of the 2006 International Fire Code (IFC) as published by the International Code Council (ICC) are hereby adopted by reference.

21.01.080 Abatement of Dangerous Buildings Code adopted.

The 1997 Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, is hereby adopted by reference as the code for the repair, vacation, or demolition of any buildings or structures which from any cause endangers the health, property, safety or welfare of the general public or their occupants in Clallam County.

21.01.100 Setbacks from bluff, banks and cuts.

Setbacks from bluffs, banks and cuts shall be approved by the Building Official. Minimum setbacks from bluffs, banks and cuts declared unstable by published Soils Conservation Service Slide Hazard Area Studies, or by the 1978 Coastal Zone Atlas of Washington shall be the height of the bluff, bank or cut, not to exceed 100 feet, or as recommended by an approved soils engineer. Setbacks shall be measured from the rim or top of the bluff, bank or cut.

21.01.110 Expiration and renewal of permits.

Section 105.5 of the IBC is hereby amended to read as follows:

(a) Building permits shall expire upon completion of the work authorized by the permit or after 2 years from the date of permit issuance, whichever shall occur first.

(b) Building permits may be renewed for one additional one year period at 50 percent of the original permit fee.

21.01.130 Other requirements.

(1) Construction permits approved pursuant to this chapter shall comply with all other Clallam County codes, ordinances, and regulations.

(2) A complete building permit application shall include the following:

(a) A complete application worksheet;

(b) An accurate plot plan;

(c) Three sets of structural drawings, if applicable pursuant to Section 106 of the International Building Code; except that two sets of plans may be submitted for residential projects;

(d) The plan check fee, if applicable pursuant to Chapter 5.100 CCC;

(e) A complete application for an on-site sewage disposal system submitted to the Department of Health and Human Services, Environmental Health Division pursuant to CCC 21.01.030(1);

(f) Proof of potable water pursuant to RCW 19.27.097;

(g) A complete drainage worksheet submitted to the Clallam County Department of Public Works if applicable pursuant to Chapter 5.100 CCC;

(h) A complete road approach application submitted to the Clallam County Department of Public Works if applicable pursuant to Chapter 5.100 CCC;

(i) A complete application for any land use permit required pursuant to applicable County land use regulations.

21.01.140 Appeals.

(1) Appeals of administrative decisions to approve, deny, or condition a permit application not subject to Chapter 26.10 CCC must be filed within 14 calendar days from the date the written decision was mailed, hand-delivered, or otherwise served according to the provisions of the building code. The appeal filing fee must accompany the appeal and shall be the same as the fee for Type I appeals as specified in the “Planning Division Fee Schedule 300-A” at CCC 5.100.300.

(2) Appeals shall be heard by the Hearing Examiner, whose decision shall be final and conclusive unless proceedings for review are properly and timely commenced consistent with State law, including Chapter 36.70C RCW, as now enacted or hereafter amended. The Hearing Examiner may not interpret the administrative provisions of the building code nor waive any of the requirements of the building code.

(3) Appeals of decisions arising from related permits as are set forth in CCC 26.10.200 shall be heard according to the provisions of Chapter 26.10 CCC.

21.01.150 Enforcement.

(1) A violation of the provisions of this title is any action or omission that violates a provision of this title or a condition of any permit issued pursuant to this title.

(2) A violation of the provisions of this title shall constitute a civil violation subject to a monetary penalty as well as prosecution as a misdemeanor. Conviction of a violation or payment of a penalty does not relieve a violator from compliance with this title.

(3) A violation of the provisions of this title is hereby determined to be detrimental to the public health, safety, and environment and is hereby declared to be a public nuisance, subject to prevention, removal, or abatement at the expense of the person(s) creating, causing, or committing such violation, and subject to the recording of a lien for such expenses against the property where the public nuisance is located, with such a lien to be of equal rank with State, County, and municipal taxes.

(4) The provisions of this title and the international codes adopted within this title are subject to the enforcement and penalty provisions contained in CCC Title 20, Code Compliance, except to the extent preempted by State or federal law, and except to the extent preempted by any contrary enforcement and penalty provisions contained in this title.

(5) Any person who violates this title or the provisions of a permit or approval issued pursuant to this title shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation.

(6) Clallam County shall not issue any permit, license or other development approval on a development proposal site subject to an enforcement order under this section; provided, that Clallam County may issue such permits to rectify or correct enforcement orders.

21.01.160 Severability.

If any section or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section or portion shall be deemed a separate provision of this chapter and such holding shall not affect the validity of the remaining portions of this chapter.

21.01.180 Effective date.

This chapter shall take effect 10 days after the date of adoption.