Chapter 21.01
BUILDING AND CONSTRUCTION CODE

Sections:

21.01.010    Purpose.

21.01.015    Definitions.

21.01.020    Contractor registration.

21.01.030    Public health and sanitation.

21.01.040    International Building Code.

21.01.045    Work exempt from permit.

21.01.050    Uniform Plumbing Code.

21.01.060    International Mechanical Code.

21.01.070    International Fire Code.

21.01.080    Abatement of Dangerous Buildings Code adopted.

21.01.100    Setbacks from bluff, banks and cuts.

21.01.110    Expiration and renewal of permits.

21.01.115    Refunds.

21.01.130    Other requirements.

21.01.140    Board of Appeals.

21.01.150    Enforcement.

SOURCE:    ADOPTED:

Ord. 535    11/30/93

AMENDED SOURCE:    ADOPTED:

Ord. 675    07/06/99

Ord. 687    03/14/00

Ord. 790    12/20/05

Ord. 813    04/03/07

Ord. 824    07/10/07

Ord. 864    06/01/10

Ord. 868    12/07/10

Ord. 890    11/12/13

21.01.010 Purpose.

The purpose of this chapter is to adopt certain appendices of the 2009 International Building Code, 2009 International Residential Code, 2009 International Fire Code, 2009 International Mechanical Code, and 2009 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) “Agricultural building” means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged nor shall it be a place used by the public.

(2) “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; Chapter 43.22A RCW, Mobile and Manufactured Home Installation; and any other ordinance of Clallam County as enumerated in this chapter.

(3) “Board of Appeals” means the Clallam County Building Code Board of Appeals.

(4) “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.

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

(6) “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 2012 International Building Code (IBC) are hereby adopted by reference. Appendix G, Flood-Resistant Construction, also applies to residential development and construction under the 2012 International Residential Code.

21.01.045 Work exempt from permit.

Section 105.2, Work exempt from permit, under the International Building Code (IBC) and International Residential Code (IRC) is adopted and amended as follows:

Exemptions from 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 this jurisdiction.

1. The work exempt from permit under IRC Section 105.2 (1) is amended to read: One-story detached buildings used as tool and storage sheds, garages, playhouses, agricultural buildings and similar uses, 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. The work exempt from permit under IBC Section 105.2(1) is amended to read: One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet.

3. The work exempt from permit under IBC Section 105.2 (6) is amended to read: Sidewalks, and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

4. The work exempt under IBC/IRC Sections 105.2 is amended to include the following exemption: Minor construction and alteration activities to single-family dwellings (R-3 and IRC) and their accessory structures 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.

5. The work exempt under IRC Section 105.2 (10) is amended to read: Decks not more than 30 inches vertically above grade at any point measured horizontally 36 inches from the edge of the deck to adjacent grade.

Unless otherwise exempted, separate plumbing, electrical, and mechanical permits will be required for work exempt under IBC/IRC Section 105.2 and as amended in this Section.

21.01.050 Uniform Plumbing Code.

Appendix D, Sizing Stormwater Drainage Systems; and Appendix E, Manufactured/Mobile Home and Recreational Vehicle Parks, of the 2012 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 2012 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 2012 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 and IRC 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.

21.01.115 Refunds.

Pursuant to Section 109.6 of the IBC and Section R108.5 of the IRC the Building Official will authorize refunds, payable to the original payee, as follows:

(1) Permit/application inactivity after one year will result in forfeiture of all fees.

(2) For project withdrawal within one year of date of submission with only data entry, the refund shall be 80 percent.

(3) Plan review fees will be forfeited if a plan review was conducted.

(4) If after a permit is issued and a request to withdraw from the project is received within one year of the date of issuance and no work has been started, the refund shall be 80 percent.

(5) All other fees paid to other divisions will be refunded at their respective division’s discretion.

(6) A submittal of the calculated fees shall be reviewed and approved by the Building Official prior to dispersal.

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 Board of Appeals.

Section 112 of the International Building Code (IBC) and the International Residential Code (IRC) as published by the International Code Council (ICC) regarding the Board of Appeals shall be amended to read as follows:

(1) In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the codes adopted in this chapter, there is hereby created a Board of Appeals. The board shall adopt rules of procedure for conducting its business and operate in accordance with Clallam County Administrative Policy 952, Boards and Committees.

(2) An application for appeal shall be based on a claim that the true intent of the adopted codes or the rules legally adopted thereunder has been incorrectly interpreted; the provisions of this code do not fully apply; an equally good or better form of construction is proposed.

(a) Appeals shall be in writing on forms provided by the Department of Community Development (Department). Appeals shall be filed with the Department not later than 60 days after the issuance of the decision being appealed.

(b) All hearings of the board shall be open to the public. In exercising its powers granted herein, the board may, in conformity with the applicable code or ordinance, reverse or affirm, in whole or in part; or modify the order, requirement, decision or determination appealed from; and may make such order, requirement, decision, or determination as should be made, and to that end, as the decision.

(c) The board shall have no authority to waive any of the requirements of any code adopted by the County.

(3) The Board of Appeals shall consist of five members, who are not County employees, qualified by experience and training to pass on matters pertaining to building construction. The members shall be appointed by the Board of Commissioners, serve at their pleasure, and consist of the following:

(a) One general contractor currently licensed by the state of Washington with at least 10 years of experience;

(b) One civil or structural engineer currently licensed by the state of Washington with at least 10 years of experience;

(c) One architect currently licensed by the state of Washington with at least 10 years of experience;

(d) One ICC-certified building official, building inspector, or plans examiner with at least 5 years of experience;

(e) One ICC-certified Fire Marshal, Fire Inspector, or Fire Plan Examiner with at least 5 years of experience;

(f) Two alternates appointed meeting the above qualifications to hear appeals during the absence or disqualification of a member.

(4) The board shall render all decisions in writing within 10 working days. Appeals of decisions of the board shall be final and conclusive unless proceedings for review are thereafter properly and timely commenced, consistent with state law.

(5) Alternate to Board of Appeals. When a hearing or an appeal cannot be heard within 30 days, because the Board of Appeals cannot be constituted and convene, the matter shall be directed to the Hearing Examiner by the Building Official. The Hearing Examiner will hear and decide the matter. All applicable board procedures and requirements remain unchanged. All parties and interested persons shall be notified in writing of the change to the Hearing Examiner.

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.