Chapter 15.05
BUILDING CODE
Sections:
15.05.030 Administration – Enforcement.
15.05.035 Work exempt from permit and permit fee.
15.05.100 Violation – Penalty.
15.05.110 Conflict of provisions.
15.05.010 Title.
This chapter shall be known as the building code of the city of Forks. (Ord. 166 § 1, 1975)
15.05.020 Codes adopted.
(1) The city of Forks hereby adopts the following codes, which shall be available for public inspection at the city building official’s desk, 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:
(a) The 2018 International Building Code (Chapter 51-50 WAC), and amendments adopted now or in the future by the State Building Code Council;
(b) The 2018 International Residential Building Code (Chapter 51-51 WAC), and amendments adopted now or in the future by the State Building Code Council;
(c) The 2018 International Mechanical Code (Chapter 51-52 WAC), as amended now or in the future by the State Building Code Council;
(d) The 2018 International Fire Code (Chapter 51-54A WAC), as amended now or in the future by the State Building Code Council;
(e) The 2018 Uniform Plumbing Code (Chapter 51-56 WAC), as amended now or in the future by the State Building Code Council;
(f) The 2018 International Energy Conservation Code – Residential (Chapter 51-11R WAC) and the 2018 International Energy Conservation Code – Commercial (Chapter 51-11C WAC) as amended now or in the future;
(g) The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, Whittier, California, and discussed in further detail at Chapter 15.10 FMC;
(h) The Washington State Historical Building Code or similar code as adopted by the State Office of Historic Preservation.
(2) Conflict Among Codes. In case of conflict among the codes enumerated in subsection (1) of this section, the first named codes shall govern over those following.
(3) Accessibility. The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in Chapter 70.92 RCW et al. shall apply to all the codes adopted by the city of Forks. (Ord. 660 § 1, 2022; Ord. 655 § 1, 2021; Ord. 625 § 1, 2016; Ord. 614 § 1, 2014; Ord. 605 § 1, 2013; Ord. 520 §§ 1, 2, 2004; Ord. 458 §§ 1 – 3, 5, 6, 1999; Ord. 402 §§ 1, 2, 1996; Ord. 308 § 2, 1989; Ord. 284 § 3, 1986; Ord. 233 § 3, 1981; Ord. 166 § 2, 1975)
15.05.030 Administration – Enforcement.
The building code of the city of Forks shall be administered and enforced by the building official of the city of Forks. Any matter being enforced by the city in a court of legal jurisdiction shall be enforced in the city’s designated and/or contracted municipal court. (Ord. 605 § 2, 2013; Ord. 166 § 3, 1975)
15.05.035 Work exempt from permit and permit fee.
(1) The work described in subsection (2) of this section is exempt from requiring the owner, or owner’s representative, to submit a permit and the usual associated fee under Section 105.2 of the IBC and IRC. However, work completed must still comply with the requirements of the IBC and IRC as adopted by the state and the city regardless of whether a permit and/or fee is required of the owner of the complete work. Nothing in this section shall be construed as a grant or authorization of permission by the city to the owner, or owner’s representative, to avoid compliance with relevant, applicable sections of the IBC and IRC.
(2) The following work is exempt from requiring a permit:
(a) Toolsheds, storage sheds, playhouses, agricultural buildings, and woodsheds that are:
(i) For the private use of the owner or their tenants using the property on which the exempt structure is located;
(ii) Four hundred square feet or less in total floor space;
(iii) Ten feet or less in wall height;
(iv) Constructed with eaves measuring 24 inches or less;
(v) Accessory to a residential family dwelling;
(vi) Set back at least 10 feet from existing inhabited structures;
(vii) Affixed to a foundation or secured using mobile home tie downs to ensure that they do not move in high wind events utilizing the 140 mph wind load standard for such securities;
(viii) Not used for human habitation, employment or remunerative purposes, or the growth of medical or recreational cannabis.
(b) Cargo containers – sometimes also called shipping containers or intermodal freight containers, which were designed to be standardized, reusable portable vessels for intercontinental traffic of freight that could be mounted on a railcar, truck or ship – converted for use as toolsheds, storage sheds, playhouses, agricultural buildings, and woodsheds.
(c) If electrical or plumbing utilities are being incorporated into either subsection (2)(a) or (b) of this section, the owner, or the owner’s representative, shall comply with the applicable plumbing and electrical codes including obtaining any local and/or state required permits for such utilities; provided, that incorporation of a self-contained solar lighting system that does not require connection to electrical services shall not be the activity that triggers the need for a city building permit for work that would otherwise be exempt under this code.
(3) The exemption from obtaining a building permit, and payment of the applicable fee, does not exempt the owner, or the owner’s representative, of ensuring compliance with the following applicable city codes:
(a) Forks zoning code, FMC Title 17.
(b) Forks flood hazard management code, Chapter 14.05 FMC.
(c) Forks wetlands code, Chapter 14.15 FMC.
(d) Forks critical areas code, Chapter 14.20 FMC.
(e) Adopted shoreline management code be it a city standalone code or the continued adoption and use of the Clallam County shoreline management plan and code.
Work that fails to comply may require not only code compliance, but also moving of the nonconforming structure in addition to permits and impact reviews paid for by the owner.
(4) If the use of the work exempted from permit under subsections (2)(a) and (b) of this section changes or is converted to a type of use requiring a permit, the owner, or the owner’s representative, undertaking the change or conversion shall first obtain the necessary building permits required for the conversion of that use and make required upgrades pursuant to the applicable building codes prior to utilizing the changed or converted previously exempted work for its new purpose. (Ord. 649 § 1, 2020)
15.05.040 Building official.
The building inspector of the city of Forks shall be deemed to be the building official, administrative authority, administrative official, or any similar such titles as used and defined in the adopted codes found within FMC 15.05.020(1). Regarding the IFC, the building inspector shall coordinate with the chief of the fire district in the enforcement and administering of the provisions of the IFC. The building inspector shall also enforce and administer the standards associated with building accessibility in the applicable Washington statutes referenced herein. The building inspector may, upon notice and hearing, promulgate such rules and regulations as he deems necessary for the enforcement of these building codes adopted by the city of Forks. (Ord. 520 § 3, 2004; Ord. 166 § 4, 1975)
15.05.050 Building inspector.
The building inspector of the city of Forks shall be deemed to be the “building official” as defined in WAC 51-12-202. (Ord. 284 § 4, 1986; Ord. 166 § 12, 1975)
15.05.060 Plans and permits.
The following shall apply to applications for and permits awarded to an applicant pursuant to the codes adopted by the city of Forks.
(1) Plans.
(a) The city of Forks shall require a Washington-licensed design professional, licensed in accordance with the rules and regulations of the state of Washington, to prepare plans for any new residential construction and for all commercial construction to include remodels or refurbishments not exempted by the applicable code associated with such activities.
(b) All submitted construction documents must be of sufficient detail to show the entire project with emphasis on the following:
(i) Structural integrity;
(ii) Life safety;
(iii) Architectural barriers (ADA accessibility compliance);
(iv) Compliance with codes having jurisdiction or application;
(v) Scope of work;
(vi) Special inspection requirements and protocols.
(2) Permits.
(a) Ownership. The ownership of a city of Forks building permit inures to the property owner. The permit applicant, if not the property owner, is by definition and default an agent of the property owner.
(b) Reserved. (Ord. 520 § 5, 2004)
15.05.070 Fees.
(1) All city of Forks permit fees shall be established by the city of Forks council. Applicable building permit fees shall be in accordance with the fee schedule found in the applicable code, unless modified by the council.
(2) Work without a Permit Fee. A surcharge of 50 percent of the regular fee amount for the permit required for the work being done without a permit shall be added to the base amount of the building permit fee and shall be required to be paid in full prior to the issuance of the permit by the building inspector. The payment of the work without a permit fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed herein or elsewhere by law.
(3) Fee Refunds. The building official may authorize the refunding of fees in the amounts noted below; provided, that no refund shall be authorized except upon a written application filed by the original permittee no later than 180 days after the date of fee payment. Refunds shall be made as follows:
(a) One hundred percent of any fee erroneously paid or collected;
(b) Eighty percent of the permit fee paid when no work has been done under a permit issued in accordance with this code;
(c) Eighty 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 started. (Ord. 520 § 6, 2004)
15.05.080 Fire district.
For the purpose of this chapter and the interpretation and enforcement of the applicable provisions thereof, the entire city of Forks is hereby declared to be and is hereby established as a fire district, and such fire district shall be known as fire zone No. 3 throughout the entire corporate limits of the city of Forks. (Ord. 166 § 5, 1975)
15.05.090 Prohibited.
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 the same to be done, contrary to or in violation of any of the provisions of this chapter. (Ord. 166 § 6, 1975)
15.05.100 Violation – Penalty.
Notwithstanding other provisions of the codes adopted in FMC 15.05.020(1), any person, firm or corporation violating any of the provisions of this chapter shall be deemed to have committed a civil violation of these codes subject to a civil penalty of no more than $500.00 per offense with it being a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. Upon determining that such a violation has occurred, the court shall impose a fine of no more than $500.00 per offense, plus all applicable costs to include court costs, filing fees, and legal costs associated with the enforcement of the adopted codes. (Ord. 605 § 3, 2013; Ord. 520 § 7, 2004; Ord. 166 § 7, 1975)
15.05.110 Conflict of provisions.
Enforcement of this code shall not be construed for the particular benefit of any individual person or group of persons, other than the general public. In the event of a conflict between the intent of this section and any other subsection therein, this subsection shall govern insofar as applicable. (Ord. 233 § 4, 1981; Ord. 166 § 10, 1975)