Chapter 13.05
AMENDMENTS TO INTERNATIONAL BUILDING CODE

Sections:

13.05.010    Adoption of Appendices.

13.05.015    Amendment to Chapter 1, Section 101.4, Referenced Codes.

13.05.020    Amendment to Chapter 1, Section 103, Department of Building Safety.

13.05.025    Amendment to Chapter 1, Section 104.1, General, and Section 104.8, Liability.

13.05.030    Amendment to Chapter 1, Section 105, Permits.

13.05.040    Amendment to Chapter 1, Section 106.3.1, Approval of Construction Documents.

13.05.045    Amendment to Chapter 1, Section 107, Temporary Structures and Uses.

13.05.050    Amendments to Chapter 1, Section 108, Fees.

13.05.060    Amendments to Chapter 1, Section 112, Board of Appeals.

13.05.070    Amendments to Chapter 4, Special Use and Occupancy.

13.05.080    Amendment to Chapter 16, Section 1608, Snow Loads.

13.05.090    Amendment to Chapter 16, Section 1612, Flood Loads.

13.05.100    (Reserved).

13.05.110    (Reserved).

13.05.120    (Reserved).

13.05.130    (Reserved).

13.05.135    Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G105.1, General.

13.05.140    (Reserved).

13.05.150    Amendment to Appendix Chapter J, Clearing and Grading, Section J102.1, Drainageway/Channel.

13.05.160    Amendment to Appendix Chapter J, Grading, Section J103.2, Exemptions.

13.05.170    Amendment to Appendix Chapter J, Grading, Section J112, Hazards.

13.05.180    Amendment to Appendix Chapter J, Grading, Section J113, Grading Fees.

13.05.010 Adoption of Appendices.

Pursuant to Section 101.2.1 of the 2006 Edition of the International Building Code, the following appendices are specifically adopted:

Appendix Chapter C, Group U – Agricultural Buildings

Appendix Chapter E, Supplementary Accessibility Requirements

Appendix Chapter G, Flood Resistant Construction

Appendix Chapter I, Patio Covers

Appendix Chapter J, Grading

(Ord. 3-2007 § II (part), 2007).

13.05.015 Amendment to Chapter 1, Section 101.4, Referenced Codes.

Section 101.4 of the International Building Code, 2006 Edition, is hereby amended as follows:

101.4.1 Electrical. The provisions of the Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

101.4.4 Plumbing. The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.

101.4.7 Energy. The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency.

(Ord. 3-2007 § II (part), 2007).

13.05.020 Amendment to Chapter 1, Section 103, Department of Building Safety.

Section 103 of the International Building Code, 2006 Edition, is hereby amended as follows:

Section 103, Creation of enforcement agency.

103.1 Creation of enforcement agency. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official. The building and fire safety division of the public services department shall function as the enforcement agency.

103.2. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint a deputy building official, the related technical officers, inspectors, plans examiners and other employees as shall be authorized from time to time. Such employees shall have powers as delegated by the building official. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency. For the maintenance of existing properties, see the International Property Maintenance Code.

(Ord. 3-2007 § II (part), 2007).

13.05.025 Amendment to Chapter 1, Section 104.1, General, and Section 104.8, Liability.

Section 104.1 and Section 104.8 of the International Building Code, 2006 Edition, are hereby amended as follows:

104.1 General. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt and enforce rules, policies and procedures in order to clarify the application of its provisions. Such interpretations, rules, policies and procedures shall be in conformance with the intent and purpose of this code. Such rules, policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. Such rules, policies and procedures adopted by the building official as authorized in this code shall become part of Chapter 1, Administration, and shall be applied in conjunction with the provisions of Chapter 1.

104.8 Liability. The building official, or employee charged with the enforcement of this code, while in the discharge of their official duties, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required, or permitted, or in the scope of their official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the code enforcement agency, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

(Ord. 3-2007 § II (part), 2007).

13.05.030 Amendment to Chapter 1, Section 105, Permits.

Section 105.1, Required, and Section 105.2, Work exempt from permit, Building, of the International Building Code, 2006 Edition, are hereby amended as follows:

105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application with the building official and obtain the required permit.

Where a bridge or an elevated surface has been identified as part of a fire apparatus access road under Section 503.2.6 of the International Fire Code as adopted and amended by Yakima County in YCC 13, the owner or authorized agent shall first make application with the building official and obtain the required permit. Plans, calculations, and other documentation necessary to show that the bridge or elevated surface complies with the requirements of Section 503.2.6 of the International Fire Code shall be submitted and shall be prepared by a registered design professional.

105.2 Work exempt from permit. 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. Permits shall not be required for the following:

Building:

1.    One-story detached accessory structures associated with a Group R-3 occupancy used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2).

2.    Fences not over 6 feet (1829 mm) high.

3.    Oil derricks.

4.    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, unless supporting a surcharge or impounding Class I, II or III-A liquids.

5.    Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1.

6.    Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

7.    Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

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

9.    Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.

10.    Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

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

12.    Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies.

13.    Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

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 this jurisdiction.

(Ord. 3-2007 § II (part), 2007).

13.05.040 Amendment to Chapter 1, Section 106.3.1, Approval of Construction Documents.

Section 106.3.1 of the International Building Code, 2006 Edition, is hereby amended as follows:

106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

(Ord. 3-2007 § II (part), 2007).

13.05.045 Amendment to Chapter 1, Section 107, Temporary Structures and Uses.

107.1 General. The building official is authorized to issue a permit for temporary structures and uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

Exception: The building official may authorize unheated tents and yurts under 500 square feet in area accommodating an R-1 Occupancy for recreational use as a temporary structure and allow them to be used indefinitely. The building official may authorize unheated tents and yurts exceeding 500 square feet in area, but not greater than 750 square feet in area, accommodating an R-1 Occupancy for recreational use, and which are provided with not less than two (2) rescue and emergency egress openings with such openings located not less than one half the major diagonal dimension of the tent, or yurt, apart, as a temporary structure and allow them to be used indefinitely.

(Ord. 3-2007 § II (part), 2007).

13.05.050 Amendments to Chapter 1, Section 108, Fees.

Section 108 of the International Building Code, 2006 Edition, is amended as follows:

108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The fee for each permit shall be as set forth in Amended Table 1-A as established in YCC 13.24.020.

108.2.1 Plan Review Fees. When submittal documents are required to be submitted by Section 106, a plan review fee in addition to the permit fee shall be paid at the time of submitting submittal documents for plan review. Said plan review fee shall be SIXTY-FIVE (65) PERCENT of the building permit fee as shown in Amended Table 1-A.

The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review, or when the project involves phased approvals as defined in Section 106.3.3 or deferred submittal items as defined in Section 106.3.4.2, an additional plan review fee shall be charged at the rate shown in Amended Table 1-A.

108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit application shall be deemed to be incomplete, unless the applicant can show detailed estimates to meet the approval of the building official. The determination of value or valuation under any of the provisions of this code shall be made by the Building Official by reference to the “building valuation data” as printed in the “Building Safety Journal”, the official publication of the International Code Council. The value to be used in computing the building permit and building plan review fee 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. Final building permit valuation shall be set by the building official.

108.4 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. 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 cost of enforcement to the jurisdiction. The minimum investigation fee shall be the same as the permit fee set forth in Amended Table 1-A. 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.

108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

108.6 Refunds. The building official is authorized to establish a refund policy.

(Ord. 3-2007 § II (part), 2007).

13.05.060 Amendments to Chapter 1, Section 112, Board of Appeals.

Section 112 of the International Building Code, 2006 Edition, is amended as follows:

112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business.

112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.

112.3 Application. The application for appeal shall be filed on a form obtained from the code official within 20 days after the notice was served.

112.4 Membership of board. The board of appeals shall consist of persons appointed by the chief appointing authority as follows:

1.    One for five years; one for four years; one for three years; one for two years; and one for one year.

2.    Thereafter, each new member shall serve for five years or until a successor has been appointed.

The building official and fire marshal shall be ex-officio members of said board but shall have no vote on any matter before the board.

112.4.1 Alternate members. The chief appointing authority shall appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for five years, or until a successor has been appointed.

112.4.2 Qualifications. The board of appeals shall consist of five individuals, one from each of the following professions or disciplines:

1.    Registered design professional with architectural experience.

2.    Registered design professional with structural engineering experience.

3.    Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years’ experience, five of which shall have been in responsible charge of work.

4.    A builder or superintendent of building construction with at least ten years’ experience, five of which shall have been in responsible charge of work.

5.    Registered design professional with fire protection engineering experience or a fire protection contractor with at least ten years’ experience, five of which shall have been in responsible charge of work.

112.4.3 Rules and procedures. The board is authorized to establish policies and procedures necessary to carry out its duties.

112.4.4 Chairperson. The board shall annually select one of its members to serve as chairperson.

112.4.5 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

112.4.6 Secretary. The chief administrative officer shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.

112.4.7 Compensation of members. Compensation of members shall be determined by law.

112.4.8 Legal counsel. The jurisdiction shall make available legal counsel to the board to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the jurisdiction’s expense in all matters arising from service within the scope of their duties.

112.5 Notice of meeting. The board shall meet upon notice from the chairperson, within 10 days of the filing of an appeal or at stated periodic meetings.

112.5.1 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.

112.5.2 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

112.5.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.

112.6 Board decision. The board shall modify or reverse the decision of the code official by affirmative votes of the majority present, but not less than three, shall be required.

112.6.1 Resolution. The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the code official.

112.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board.

(Ord. 3-2007 § II (part), 2007).

13.05.070 Amendments to Chapter 4, Special Use and Occupancy.

Chapter 4 of the International Building Code, 2006 Edition, is amended by the addition of Section 421 as follows:

Section 421.1 General

421.1.1 Purpose. The purpose of this section is to establish minimum standards of safety for the construction and use of controlled atmosphere storage buildings.

421.1.2 Scope. The provisions of Section 421 shall apply to buildings or structures defined herein as controlled atmosphere storage buildings and shall supersede other similar requirements in other chapters of the code.

421.1.3 Definitions. For the purpose of this chapter, certain terms are defined as follows:

CONTROLLED ATMOSPHERE STORAGE BUILDING is a building used solely for storage of agricultural products in refrigerated rooms where the room atmosphere is maintained at an oxygen content not exceeding 14% with the remainder being nitrogen, carbon dioxide or similar gas which will not support combustion.

421.1.4 Applicability of other provisions. Except as required by this chapter, controlled atmosphere storage buildings shall meet all provisions of this code applicable to buildings classified as Group S, Division 2 occupancies.

421.2 Automatic Fire-Extinguishing Systems

421.2.1 Automatic fire-extinguishing systems required by Section 903 need not be provided when the controlled atmosphere storage building complies with the allowable floor area provisions of Section 506.

421.3 Means of Egress

421.3.1 Maximum allowable occupant load for a controlled atmosphere storage building shall be 9.

421.3.2 The maximum distance of travel from any point within the controlled atmosphere building to an exterior exit door, horizontal exit, exit passageway, or an enclosed stairway shall not exceed 300 feet (91,500 mm) unless otherwise allowed by this section. The maximum travel distance may be increased in accordance with the following:

1.    In a controlled atmosphere storage building equipped with an automatic sprinkler system throughout, the maximum travel distance may be 450 feet (137,250 mm).

421.3.3 Exit doors serving controlled atmosphere storage buildings and rooms and spaces within such buildings need not comply with the requirements of Section 1008 when building operations are conducted in accordance with the following:

1.    When the building or portions of the building, are occupied and contain a normal outdoor atmosphere, doors giving access to the building or such portions of the building shall remain open.

421.4 Smoke and Heat Venting

421.4.1 Controlled atmosphere storage buildings need not comply with the requirements of Section 910.

421.5 Standpipes

421.5.1 Controlled atmosphere storage buildings need not comply with the requirements of Section 905.

(Ord. 3-2007 § II (part), 2007).

13.05.080 Amendment to Chapter 16, Section 1608, Snow Loads.

Section 1608.2 of the International Building Code, 2006 Edition, is amended as follows:

1608.2 Ground snow loads. The ground snow loads to be used in determining the design snow loads for roofs shall be determined in accordance with ASCE 7 or Figure 1608.2 for the contiguous United States and Table 1608.2 for Alaska. Site-specific case studies shall be made in areas designated “CS” in Figure 1608.2. Ground snow loads for sites at elevations above the limits indicated in Figure 1608.2 and for all sites within the CS areas shall be approved by the building official. Ground snow load determination for such sites shall be based on an extreme value statistical analysis of data available in the vicinity of the site using a value with a 2-percent annual probability of being exceeded (50-year mean recurrence interval). The Structural Engineers Association of Washington has conducted and published a case study (CS) for Washington State. This case study, titled “Snow Load Analysis for Washington”, may be used to establish the ground snow load in all areas of Yakima County in lieu of a site specific case study. Snow loads are zero for Hawaii, except in mountainous regions as approved by the building official.

(Ord. 3-2007 § II (part), 2007).

13.05.090 Amendment to Chapter 16, Section 1612, Flood Loads.

Section 1612 of the International Building Code, 2006 Edition, is amended as follows:

SECTION 1612

FLOOD LOADS

1612.1 General. Within flood hazard areas as established in Section 1612.3, all new construction of buildings, structures and portions of buildings and structures, including substantial improvements and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads and shall be anchored to prevent flotation, collapse, or lateral movement of the structure. For buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood hazard area shall apply.

All new construction and any improvements or additions to an existing floodproofed structure that would extend beyond the existing floodproofing located within 100 feet of a floodway or ordinary high water mark, if no floodway has been established, shall also meet the requirements of Yakima County Code 16A.05.28.010(a)(3).

1612.2 Definitions. The following words and terms shall, for the purposes of this section, have the meanings shown herein.

BASE FLOOD. The flood having a 1-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).

BASEMENT. The portion of a building having its floor subgrade (below ground level) on all sides.

DESIGN FLOOD. The flood associated with the greater of the following two areas:

1.    Area with a flood plain subject to a 1-percent or greater chance of flooding in any year; or

2.    Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.

DESIGN FLOOD ELEVATION. The elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm).

DRY FLOODPROOFING. A combination of design modifications that results in a building or structure, including the attendant utility and sanitary facilities, being water tight with walls substantially impermeable to the passage of water and with structural components having the capacity to resist loads as identified in ASCE 7.

EXISTING CONSTRUCTION. Any buildings and structures for which the “start of construction” commenced before the effective date of the community’s first flood plain management code, ordinance or standard. “Existing construction” is also referred to as “existing structures.”

EXISTING STRUCTURE. See “Existing construction.”

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land from:

1.    The overflow of inland or tidal waters.

2.    The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD DAMAGE-RESISTANT MATERIALS. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

FLOOD HAZARD AREA. The greater of the following two areas:

1.    The area within a flood plain subject to a 1-percent or greater chance of flooding in any year.

2.    The area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.

FLOOD HAZARD AREA SUBJECT TO HIGH VELOCITY WAVE ACTION. Area within the flood hazard area that is subject to high velocity wave action, and shown on a Flood Insurance Rate Map (FIRM) or other flood hazard map as Zone V, VO, VE or V1-30.

FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical data.

FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

LOWEST FLOOR. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this code or Section R324.2 of the International Residential Code, as applicable.

NEW CONSTRUCTION. The term “new construction” refers to structures for which the “start of construction” commenced on or after June 5, 1985, the effective date of Yakima County adoption of regulations governing development and construction in flood hazard areas.

SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30.

START OF CONSTRUCTION. The date of permit issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the assessed value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the assessed value of the structure either:

1.    Before the improvement or repair is started; or

2.    If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

1.    Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.    Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.

1612.3 Establishment of flood hazard areas. The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA), in a scientific and engineering report entitled “The Flood Insurance Study for Yakima County, Washington and Incorporated Areas” dated November 18, 2009, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of Chapters 13.05.010 through 13.05.170 and are established as flood hazard areas. The flood insurance study and maps are on file at the Yakima County Courthouse Building, Yakima, Washington. The best available information for flood hazard area identification as outlined in 16C.05.44.060 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under 16C.05.44.060.

1612.4 Design and construction. The design and construction of buildings and structures located in flood hazard areas, including flood hazard areas subject to high velocity wave action, shall be in accordance with ASCE 24.

1612.5 Flood hazard documentation. The following documentation shall be prepared and sealed by a registered design professional and submitted to the building official:

1.    For construction in flood hazard areas not subject to high-velocity wave action:

1.1.    The elevation of the lowest floor, including basement, as required by the lowest floor elevation inspection in Section 109.3.3.

1.2.    For fully enclosed areas below the design flood elevation where provisions to allow for the automatic entry and exit of floodwaters do not meet the minimum requirements in Section 2.6.1.1 ASCE 24, construction documents shall include a statement that the design will provide for equalization of hydrostatic flood forces in accordance with Section 2.6.1.2, ASCE 24.

1.3.    For dry floodproofed nonresidential buildings, construction documents shall include a statement that the dry floodproofing is designed in accordance with ASCE 24.

2.    For construction in flood hazard areas subject to high-velocity wave action:

2.1.    The elevation of the bottom of the lowest horizontal structural member as required by the lowest floor elevation inspection in Section 109.3.3.

2.2.    Construction documents shall include a statement that the building is designed in accordance with ASCE 24, including that the pile or column foundation and building or structure to be attached thereto is designed to be anchored to resist flotation, collapse and lateral movement due to the effects of wind and flood loads acting simultaneously on all building components, and other load requirements of Chapter 16.

2.3.    For breakaway walls designed to resist a nominal load of less than 10 psf (0.48 kN/m2) or more than 20 psf (0.96 kN/m2), construction documents shall include a statement that the breakaway wall is designed in accordance with ASCE 24.

(Res. 127-2012 § 1(4), 2012; Ord. 3-2007 § II (part), 2007).

13.05.100 (Reserved).

(Ord. 3-2007 § II (part), 2007).

13.05.110 (Reserved).

(Ord. 3-2007 § II (part), 2007).

13.05.120 (Reserved).

(Ord. 3-2007 § II (part), 2007).

13.05.130 (Reserved).

(Ord. 3-2007 § II (part), 2007).

13.05.135 Amendment to Appendix Chapter G, Flood-Resistant Construction, Section G105.1, General.

Section G105.1 of Appendix Chapter G of the International Building Code, 2006 Edition, is hereby amended as follows:

G105.1 General. The board of appeals established pursuant to Section 112 shall hear and decide requests for variances. The board of appeals shall base its determination on technical justifications, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this appendix and Section 1612.

Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; that they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare.

(Ord. 3-2007 § II (part), 2007).

13.05.140 (Reserved).

(Ord. 3-2007 § II (part), 2007).

13.05.150 Amendment to Appendix Chapter J, Clearing and Grading, Section J102.1, Drainageway/Channel.

DRAINAGEWAY/CHANNEL. A natural land surface depression with or without perceptively defined beds and banks to which surface runoff gravitates and collectively forms a flow of water continuously or intermittently in a definite direction. This definition does not include artificially created drainageways/channels used for distribution of water for irrigation purposes or for collection of return flows, nor does it apply to sheet flow during flooding conditions.

(Ord. 2-2009 § 2 (Exh. A (18)), 2009: Ord. 3-2007 § II (part), 2007).

13.05.160 Amendment to Appendix Chapter J, Grading, Section J103.2, Exemptions.

Section J103.2 of Appendix Chapter J of the International Building Code, 2006 Edition, is hereby amended as follows:

J103.2 Exemptions. A grading permit is not required for the following:

1.    When approved by the building official, grading in an isolated, self-contained area if there is no danger to private or public property.

2.    An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such structure.

3.    Cemetery graves.

4.    Refuse disposal sites permitted by other regulations.

5.    Excavations for wells, tunnels, or trenches for utilities.

6.    Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

7.    Exploratory excavations under the direction of soil engineers or engineering geologists.

8.    An excavation which (1) is less than 3 feet (915 mm) in depth, or (2) which does not create a cut slope greater than 6 feet (1829 mm) in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7% slope).

9.    A fill less than 2 feet (610 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 4 feet (1219 mm) in depth, not intended to support structures, which does not exceed 100 cubic yards (76.6 m3) on any one lot and does not obstruct a drainage course.

10.    Test holes done under the provisions of an on-site sewage disposal permit application.

11.    Grading, including roads, bridges and municipal construction, which is designed to WSDOT, APWA or FHWA standards and specifications where such grading is subject to review and approval of a local government agency or a state or federal agency.

12.    When approved by the Building Official, temporary grading work necessary to protect property.

13.    Grading work, which (1) is not intended to support structures, and (2) is subject to permitting requirements of other regulations.

Exemption from the permit requirements of this appendix 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.

(Ord. 3-2007 § II (part), 2007).

13.05.170 Amendment to Appendix Chapter J, Grading, Section J112, Hazards.

Appendix Chapter J of the International Building Code, 2006 Edition, is hereby amended by the addition of Section J112 as follows:

Section J112 Hazards. Whenever the building official determines that any existing excavation or embankment or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code.

(Ord. 3-2007 § II (part), 2007).

13.05.180 Amendment to Appendix Chapter J, Grading, Section J113, Grading Fees.

Appendix Chapter J of the International Building Code, 2006 Edition, is hereby amended by the addition of Section J113 as follows:

Section J113 Grading Fees

J113.1 Plan Review Fees. When a plan or other data is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in amended Table A-33-A as established in YCC 13.24.030. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater.

J113.2 Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in amended Table A-33-B as established in 13.24.030. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities.

(Ord. 3-2007 § II (part), 2007).