Chapter 15.12
BUILDING CODES
Sections:
15.12.020 Contract authority for enforcement and inspection.
15.12.030 Standard codes adopted.
15.12.040 Filing of copies of codes.
15.12.060 Other code amendments.
15.12.070 Administration and enforcement official.
15.12.080 Compliance required.
15.12.100 Platting deemed insufficient—When.
15.12.110 Building prior to filing final plat.
15.12.150 Investigation fees—Work without a permit.
15.12.010 Short title.
This chapter shall be known as the building code of the city of Mattawa.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.020 Contract authority for enforcement and inspection.
The mayor is authorized to contract with another governmental subdivision or inspection agency for administration and enforcement of the state building code and the codes adopted by reference in this chapter.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.030 Standard codes adopted.
Pursuant to Chapters 19.27 and 35.21 RCW the state building code is established. The following appendixes to the state building code are adopted for use within the city:
A. The following International Building Code Appendixes are hereby adopted:
1. Appendix C, Agricultural Buildings;
2. Appendix I, Patio Covers; and
3. Appendix J, Grading, when:
a. Grading involves more than five thousand cubic yards, and/or
b. Regulated by Chapter 18.12.
B. The International Residential Code, Appendix G, Swimming Pools, Spas, and Hot Tubs, is hereby adopted.
C. The Uniform Plumbing Code, Appendix E, Manufactured/Mobile Home Parks and Recreational Vehicle Parks, is hereby adopted.
D. Additionally, the following codes are adopted. Those codes and the state building code are to be administered, subject to the modifications and/or amendments set forth in Sections 15.12.050 and 15.12.060:
1. Inland Northwest HVAC Standards;
2. The International Existing Building Code published by the International Code Council, most current edition as adopted by the Washington State Building Code Council;
3. The Uniform Sign Code, most current edition;
4. Washington Administrative Code (WAC) Provisions 296-150B-200 through 296-150B-255, Standards for Mobile Homes, Commercial Coaches and Recreational Vehicles.
In case of conflict among the codes enumerated in subsections (D)(1), (D)(2), (D)(3), and (D)(4) of this section, the first named code shall govern over those following.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.040 Filing of copies of codes.
The city shall maintain on file not less than one copy of the codes adopted in this chapter and the codes shall be open to public inspection.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.050 Amendments.
The following amendments to the state building code are adopted and apply within this jurisdiction:
A. Sections 105.1.1 and 105.1.2 of the IBC are not adopted.
B. Section 105.2(1) of the IBC and Section R105.2(1) of the IRC are amended to read as follows:
One-story detached accessory structures, provided the floor area does not exceed 200 square feet (18.58 m2), provided that only one may be placed on a lot without a permit.
C. Section 105.2(6) of the IBC and Section R105.2(5) of the IRC are amended to read as follows:
Sidewalks, decks and driveways not more than 30 inches (762mm) above grade and not over any basement or story below and which are not part of an accessible route.
D. Section 109.3 of the IBC and Section R108.3 of the IRC are amended to read as follows:
Building Permit Valuations. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.
E. Section 113 of the IBC and Section R112 of the IRC are replaced with the following:
General. All references to a Board of Appeals in this code are replaced with references to the City’s Hearing Examiner. The Hearing Examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the City. The Hearing Examiner shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
Limitations of Authority. The Hearing Examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive requirements of this code.
Qualifications. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position in City government.
F. There are created new Section 117 to the IBC and Section R115 to the IRC to provide as follows:
No person shall move any existing building or structure within or into the City without first obtaining from the Planning Department a relocation permit and a building permit. No person shall effect any demolition of any building or structure or any part thereof which is not exempted by Section 105.2 of the International Building Code without first obtaining from the Building Department a demolition permit.
G. There are created new Section 118 to the IBC and Section R116 to the IRC to provide as follows:
Manufactured Home or Mobile Home Placement Permit: No person, firm, or corporation as the owner, buyer, or vendor of a manufactured home or as manufactured home park management shall cause or permit any manufactured home to be located, placed or set within the corporate limits of the City without first having secured a proper manufactured home placement permit.
H. WAC 51-56-0100 adopting Section 102.4 of the Uniform Plumbing Code is replaced with the following new subsection:
102.4 Appeals. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the City. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 102.4 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the City.
I. Notwithstanding any provision of the International Building Code or the International Residential Code to the contrary, a certificate of occupancy must be issued or deemed to have been issued by the building official prior to the use or occupancy of any building, residential, commercial or industrial. The building official may or may not actually issue a certificate of occupancy, but all conditions precedent to the issuance of such a certificate are prerequisites to the occupancy of a structure. It shall not be deemed to be compliance with the requirement to obtain a certificate of occupancy to have substantially complied with a building permit or other conditions related to the building, remodeling, or occupancy of a structure. The building official shall determine when a structure is eligible to be issued a certificate of occupancy. If a structure owner disputes the building official’s decision not to issue a certificate of occupancy, that owner may appeal to the hearing examiner. Such appeal must be in writing and within ten days of the determination of the building official.
Any building which is occupied without a certificate of occupancy shall not be permitted to receive city services. The water service shall be terminated. If any occupancy or use continues after termination of the water service, the public works superintendent may terminate the sewer service of the structure by physically disconnecting the lateral from the sewer main. Any costs to reestablish water or sewer service to the building shall be the responsibility of the property owner.
The city shall provide notice, oral or written, to any tenant or if there is no tenant an attempt shall be made to provide notice, oral or written, to the owner prior to termination of water service. Any person who wishes to contest this termination of utility services may appeal to the mayor. The mayor, or the mayor’s designee, shall conduct a hearing on the matter within three business days.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 551, § 1, 7-3-14; Ord. No. 483, § 1, 9-3-09).
15.12.060 Other code amendments.
The following amendments to the various codes adopted in Section 15.12.020 are adopted and apply within this jurisdiction:
A. Section 108 of the International Fire Code is replaced with the following new subsection:
108. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the city. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 108 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
B. Section 109 of the International Mechanical Code is replaced with the following new subsection:
109. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the city. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 109 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
C. Section 112 of the International Existing Building Code is replaced with the following new subsection:
112. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the city. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 112 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.
D. There is created a new Section 1103 of the International Existing Building Code to read as follows:
1103.1 Except as otherwise provided in this chapter, there shall not be issued a relocation permit for any building or structure which is included within any one or more of the following categories:
1. So constructed or in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects, and electrical wiring or other substantial hazard to the persons who occupy or enter said building after relocation;
2. Infested with rats or other vermin, or the wood members of which are infested with rot, decay or insects;
3. So unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy said building after relocation, or, if not intended for occupancy by human beings, would make it unsuitable for its intended use;
4. The proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of this city;
5. The building, structure or relocation site does not conform to all applicable provisions of law or ordinance.
1103.2 Application for Relocation Permit: Every application for a relocation permit shall be in writing upon a form furnished by the Planning Department, and shall set forth such information as may reasonably be required in order to carry out the purposes of this chapter. Such information may include but is not limited to:
1. A report of a pre-move inspection and investigation of the structure by the Planning Department;
2. Photographs of the building or structure to be moved;
3. Report from a licensed pest control contractor stating the condition of the building as to pest infestation;
4. Report from a registered engineer or architect stating the structural condition of the building, and clearly indicating the steps to be taken to preserve/enhance said condition.
1103.3 Correction of Defects Before Issuance of Permit: If the building or structure to be moved fails to meet any of the standards set forth in this chapter, but it appears to the Building Official that the deficiencies can be corrected, the permits shall be issued only on condition that all deficiencies be corrected prior to the building being moved.
1103.4 In order to determine any matter regarding relocation of a building or structure, the Building Official may cause any investigation to be made which he/she believes necessary.
1103.5 Terms and Conditions of Issuance: In granting a relocation permit, the Building Official may impose such terms and conditions as are necessary, in the opinion of the Building Official, to ensure that its relocation will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which the building is to be moved, including, but not limited to, changes, alterations, additions or repairs to the building or structure.
1103.6 Application Fee: The fee for relocation investigation service shall be a one hundred fifty dollar ($150) base fee, plus twenty-five dollars ($25) for every ten (10) miles distance, or increment thereof, outside city limits.
1. In the event a building permit is issued for a relocated building, the fees for the building permit and plan review shall be based upon the total value of the building or structure at its relocated site, using the same valuation formula as used for new residential construction.
1103.6 Expiration: A relocation permit shall expire and become null and void if the moving of the building or structure onto a permanent foundation is not completed within ninety (90) days from the date of issuance of the permit.
1103.7 Debris and Excavations: It shall be the duty of any person to whom any permit is issued for the demolition or removal of any building or any section or portion of any building pursuant to the provisions of Chapter 15.16, and of any person leasing, owning, or occupying or controlling any lot or parcel of ground from which a building is removed or demolished, to remove all demolition rubble and loose miscellaneous material from such lot or parcel of ground, to properly cap the sanitary sewer connections, and to properly fill or otherwise protect all basements, cellars, septic tanks, wells and other excavations, within thirty (30) days after the house is raised from the foundation.
1. An inspection after the work is completed will be required.
1103.8 Relocation bond - Required: No relocation permit required by Chapter 15.16 shall be issued by the Planning Department unless the applicant therefor first posts a bond, in a form approved by the City Attorney, executed by the owner of the premises where the building or structure is to be located as principal, and a surety company authorized to do business in the State as surety. The bond shall be in form joint and several, shall name the city as obligee, and shall be in an amount equal to one hundred fifty percent of the work required to be done in order to comply with all the conditions of such relocation permit as such cost is established by the building official. In lieu of a surety bond, the applicant may post a bond executed by the owner as principal and which is secured by a deposit in cash in the amount specified above with a banking or escrow agent acceptable to the city, and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called a “cash bond” for the purposes of Chapter 15.16.
1103.9 Relocation bond - Conditions: Every bond posted pursuant to Chapter 15.16 shall be conditioned as follows:
1. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official;
2. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within ninety (90) days after the date said building is moved to the new location. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient cause by the Building Official. No such extension of time shall be valid unless written, and no such extension shall release any surety upon any bond.
1103.10 Relocation bond - Default in performance of conditions:
1. Whenever the Building Official finds that a default has occurred in the performance of any term or condition of any permit required by Chapter 15.16, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the city the full amount of the approved bond. Upon receipt of such funds, the Building Official shall proceed by such mode as he deems convenient to cause the building or structure to be demolished and to clear, clean and restore the site to a natural condition, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor.
2. When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, to demolish the building or structure and to clear, clean and restore the site to a natural condition.
1103.11 Relocation Bond - Refund of Surplus on Termination: The term of each bond posted pursuant to Chapter 15.16 shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the relocation permit required by this section and release of the bond by the Building Official. Such completion and release shall be evidenced by a statement thereof signed by the Building Official, a copy of which will be sent to the surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or his successors or assignees upon the termination of the bond, except any portion thereof that may have been used or deducted as provided elsewhere in Chapter 15.16.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.070 Administration and enforcement official.
The state building code and this code shall be administered and enforced by the building official of the city. Those portions of the International Fire Code adopted by the state building code shall be enforced by the fire chief or other designated person.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.080 Compliance required.
It is 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 the state building code or this chapter.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.090 Unplatted areas.
Building permits shall be issued only for structures located within recorded plats except as provided in this chapter.
A. Building permits may be issued in unplatted areas, only in the following cases:
1. Remodeling of an existing building which conforms to the then current zoning;
2. Construction of a temporary structure.
B. No building permit, or other development permit, shall be issued for any lot, tract or parcel of land divided in violation of Chapter 58.17 RCW or the platting ordinances and regulations of the city. No building permit, or other development permit, shall be issued for any unplatted property not otherwise permitted to be issued a building permit unless the city council finds that the public interest will not be adversely affected by the issuance of such a permit. The standards to determine if the public interest will be adversely affected includes but is not limited to consideration of the installation or existence of adequate sewer and water, conformance to lot size requirements, existence or requirement of street, sidewalk and curb improvements, all as respects the proposed building site and the surrounding area. The council may condition the issuance of a building permit on unplatted land on the installation or completion of such utility, street and sidewalk improvements as the council upon recommendation of staff shall deem appropriate. The council shall make the grant of the privilege to build on unplatted land personal to the applicant and such privilege shall expire if a building permit is not obtained within thirty days of the adoption of the resolution provided for herein. The council shall only direct the issuance of such a permit by a resolution of the council.
C. Building permits shall not be issued for any structure located within a preliminary plat.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.100 Platting deemed insufficient—When.
Property located within the city which is presently platted and which property was platted without the extension of or provision of city water, city sewer, storm sewer, curb, sidewalk, streets or other improvements through some or all the lots of the plat shall be deemed to be unplatted for purposes of the issuance of any development permit or building permit. Any lot so affected shall be permitted to develop and a building permit will be issued upon the installation of city water, city sewer, storm drains, curbs, sidewalks, streets and other improvements to community standards, including fire protection devices, or upon the posting of security in an amount approved by the city, which is equal to the estimated cost of the extensions and/or improvements remaining to be installed through the lot, in a form acceptable to the city attorney to insure the construction of the required improvements and extensions at the same time as construction of the building for which the building permit was issued or at the time of the improvement of the affected lot.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.110 Building prior to filing final plat.
Building permits are allowed to be issued prior to filing the final plat after the following conditions are met:
A. The preliminary major plat of the proposed subdivision has been approved by the hearing examiner or the preliminary short plat of the proposed subdivision has been approved by the city planner.
B. The construction plans for all improvements have been approved by the city engineer.
C. A performance bond, or other secured method approved by the city attorney, has been approved by the city planner in the amount of one hundred fifty percent of the cost of completing all the remaining improvements that are required by this code and the community street and utility standards, and filing the final plat.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.120 Enforcement.
No person, firm, corporation or other entity however organized shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain a building or structure in the city, or cause the same to be done, contrary to or in violation of this chapter or violations of the codes adopted by this chapter. Enforcement of violations of this chapter shall be done by the building official or code enforcement officer, as appropriate, pursuant to Chapter 1.30.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.130 Fee refunds.
The building official may authorize the refunding of:
A. One hundred percent of any fee erroneously paid or collected.
B. Up to eighty percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
C. Up to 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 is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one hundred eighty days after the date of fee payment.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.140 Fees.
All fees for permits issued pursuant to this chapter shall be established by a resolution of the city council if they are not otherwise established pursuant to Section 15.12.050.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).
15.12.150 Investigation fees—Work without a permit.
A. Investigation. 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.
B. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the resolution adopting fees for permit issued pursuant to this chapter. This fee is an additional, punitive fee and shall not apply to any permit fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a permit for continued development of that project. If the work done remains illegal for ninety days after service of the stop work order, it shall be considered hazardous.
C. Payment. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
(Ord. No. 600, § 1, 6-1-17; Ord. No. 483, § 1, 9-3-09).