Chapter 16.04
BUILDING CONSTRUCTION CODE

Sections:

16.04.010    Purpose.

16.04.020    Adoption of codes by reference.

16.04.030    Conflicts between codes.

16.04.040    Administrative provisions.

16.04.050    Enforcement authority designated.

16.04.060    Fees.

16.04.070    Building code amendments.

16.04.080    Repealed.

16.04.090    Liability.

16.04.100    Violations and penalties.

16.04.110    Appeals.

16.04.010 Purpose.

The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use, occupancy, location and maintenance of all buildings and structures within the city of Port Townsend. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any group or individual. (Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).

16.04.020 Adoption of codes by reference.

The following codes, as now or hereafter amended, one copy of which shall be on file with the city clerk for use and examination by the public, are hereby adopted by this reference as if fully set forth in this chapter and as specifically modified or amended as set forth in this chapter:

A. The International Building Code, 2015 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC (including Appendix E and ICC/ANSI S117.1-2009 and the 2015 International Existing Building Code and International Swimming Pool and Spa Code), and as subsequently amended by this chapter.

B. The International Residential Code, 2015 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-51 WAC (excluding Chapter 11 and Chapters 25 through 43 and including Appendices F and Q), and as subsequently amended by this chapter.

C. The International Mechanical Code, 2015 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC (including the 2015 International Fuel Gas Code, 2014 NFPA 58 and 2014 NFPA 54), and as subsequently amended by this chapter.

D. The International Fire Code, 2015 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-54A WAC (including Appendix N for preapproved local adoption of the 2015 WUIC), and as subsequently amended by this chapter.

E. The Uniform Plumbing Code, 2015 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC (including adoption of Appendices A, B and I).

F. The Washington State Energy Code, Commercial Provisions, 2015 Edition, including Appendix Chapters, as adopted and amended by the Washington State Building Code Council in Chapter 51-11C WAC.

G. The Washington State Energy Code, Residential Provisions, 2015 Edition, including Appendix Chapters, as adopted and amended by the Washington State Building Code Council in Chapter 51-11R WAC. (Ord. 3152 § 1 (Exh. A), 2016; Ord. 3093 § 1 (Exh. A), 2013; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).

16.04.030 Conflicts between codes.

In case of conflict among the building code, the residential code, the mechanical code, the fire code, and the plumbing code, the first named code shall govern. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is the most specific, as determined by the building official, shall apply. (Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).

16.04.040 Administrative provisions.

The administrative provisions as specified in Chapter 1 of the International Building Code (IBC) as adopted and as subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in PTMC 16.04.020. As such, the administrative provisions of other than the IBC shall not be in effect, except when they contain a higher degree of specificity as determined by the building official. (Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).

16.04.050 Enforcement authority designated.

Any reference in the codes listed in PTMC 16.04.020 to “building official,” “code official,” “authority having jurisdiction” or other designation relating to the enforcement of the provisions of the codes shall be deemed to mean the director of development services or his or her designee. (Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).

16.04.060 Fees.

Any fee schedule in any of the codes listed in PTMC 16.04.020 shall be void. All fee schedules shall be listed in a separate fee resolution adopted by the city council of the city of Port Townsend. (Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).

16.04.070 Building code amendments.

The following sections in the adopted International Building Code are hereby amended:

A. Section 105.2 item No. 4 is amended to read:

Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, provided the wall is set back from any adjacent property lines or structures a distance at least equal to the height of the wall and the material retained slopes 1:2 (or less) up and away from the wall, unless supporting a surcharge or impounding Class I, II or II-A liquids.

B. Section 105.2 item No. 10 is amended to read:

Decks, platforms, walks and driveways not more than thirty inches above grade and not located over any basement or story above.

C. Section 110.1 is amended by the addition of the following:

EXCEPTION: R-3 and U occupancies

D. Section 110.2 is amended to read:

After the building official inspects the building or structure and finds no violations of the provisions of the codes adopted by Chapter 16.04 PTMC or other pertinent laws that are enforced by the jurisdiction, the building official shall issue a certificate of occupancy on a form developed by the City to display the information that is relevant to identify the facility and code requirements.

(Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).

16.04.080 Fire code amendments.

Repealed by Ord. 3152. (Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).

16.04.090 Liability.

It is the express intent of the city of Port Townsend that the responsibility for compliance with the provisions of this chapter shall rest with the permit applicant and his or her agents. (Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).

16.04.100 Violations and penalties.

A. Director’s Authority. Whenever the DSD director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are made subject to the provisions of Chapter 1.20 PTMC, including but not limited to abatement, criminal penalty, and civil penalty, which are incorporated by reference as if set forth herein. (Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2952 § 3, 2008; Ord. 2947 § 1, 2007).

16.04.110 Appeals.

All appeals authorized by the codes adopted by reference by this chapter as to the suitability of alternate materials and methods of construction and from other rulings, interpretations or enforcement actions of those officials charged with enforcing the codes shall be to the city of Port Townsend hearing examiner as established by Chapter 2.14 PTMC. The hearing examiner shall serve in lieu of all boards of appeals mentioned or described in the codes adopted by this chapter. (Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).