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Chapter 17.04
CITY BUILDING CODESections:
17.04.010 PURPOSE.
17.04.020 STATE BUILDING CODE - ADOPTION.
17.04.030 CODE CONFLICTS.
17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - ADMINISTRATION.
17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE.
17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE.
17.04.100 AMENDMENTS TO THE UNIFORM PLUMBING CODE.
17.04.110 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE.
17.04.130 BUILDING CODES - FEES.
17.04.140 APPEALS.
17.04.150 VIOLATION - PENALTY.
17.04.010 PURPOSE.
The purpose of the City Building Code is to enhance the health, safety and welfare of the public as a whole by ensuring that buildings, dwellings, structures and land will be constructed, maintained and used in a manner so as to reduce hazards, increase durability and require consistent patterns of community development; provided, notwithstanding anything in this chapter or in the codes adopted in BMC 17.04.020 to the contrary, this chapter and the codes adopted in BMC 17.04.020 establish duties owed to the public as a whole and not any duties to protect any person or class of persons. (Ord. 4904 §1, 2004)
17.04.020 STATE BUILDING CODE - ADOPTION.
In accordance with Chapter 19.27 RCW, the following codes (collectively, the "building codes") together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to the Washington Administrative Code ("WAC"), and as further amended in this chapter, are adopted by reference:
(a) The International Building Code, 2006 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC.
(b) The International Residential Code, 2006 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC.
(c) The International Mechanical Code, 2006 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC.
(d) The Uniform Plumbing Code, 2006 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC and the Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing Code), as amended pursuant to Chapter 51-57 WAC.
(e) The International Property Maintenance Code, 2006 Edition, published by the International Code Council, Inc.
(f) The International Fuel Gas Code, 2006 Edition, published by the International Code Council, Inc.
(g) The Washington State Energy Code as written by the Washington State Building Code Council pursuant to Chapter 51-11 WAC.
(h) The Washington State Ventilation and Indoor Air Quality Code as written by the Washington State Building Code Council pursuant to Chapter 51-13 WAC.
One (1) copy of each of these codes is on file with the City’s Building Official. (Ord. 5015 §1, 2007: Ord. 4904 §1, 2004)
17.04.030 CODE CONFLICTS.
To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the State Building Codes adopted by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. In cases of conflict among the codes enumerated in BMC 17.04.020(a) through (h), the first named shall govern over those following. (Ord. 5015 §2, 2007: Ord. 4904 §1, 2004)
17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - ADMINISTRATION.
The following local amendments to the International Building Code previously adopted in BMC 17.04.020 are hereby adopted and incorporated into the International Building Code:
(a) General - Building Code Appendices Adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the following new Subsection 101.5:
Sec. 101.5 Building code appendices adopted. Appendices C, H, I, and J to the International Building Code are hereby adopted; however, the public works director shall have the authority to enforce and interpret Appendix J and, accordingly, all references to the “building official” in Appendix J shall be substituted with the words “public works director.”
(b) Duties and Powers of Building Official - Lot Lines and Setback Lines. Section 104 of the International Building Code, entitled "Duties and Powers of Building Official," is amended by adding the following new Subsection 104.12:
Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied.
(c) Board of Appeals. Section 112 of the International Building Code, entitled "Board of appeals," is amended by substituting Section 112 with the following:
Sec. 112 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code.
(Ord. 5008 §2, 2007: Ord. 4906 §2, 2004; Ord. 4904 §1, 2004)
17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE.
The following local amendments to the International Residential Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Residential Code:
(a) Duties and Powers of Building Official - Lot Lines and Setback Lines. Section R104 of the International Residential Code, entitled "Duties and Powers of Building Official," is amended by adding the following new Subsection R104.12:
Sec. R104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied.
(b) Board of Appeals. Section R112.1 of the International Residential Code, entitled "Board of Appeals," is amended by substituting Section R112.1 with the following:
Sec. R112.1 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code.
(Ord. 4904 §1, 2004)
17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE.
The following local amendments to the International Mechanical Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Mechanical Code as if fully set forth therein.
(a) Violations - Penalties. Section 108 of the International Mechanical Code, entitled "Violations," is amended by substituting Subsection 108.4 with the following:
Sec. 108.4 Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs mechanical work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise provided by law.
(b) Means of Appeal - Board of Appeals. Section 109 of the International Mechanical Code, entitled "Means of Appeal," is amended by substituting Section 109 with the following:
Sec. 109 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code.
(Ord. 4904 §1, 2004)
17.04.100 AMENDMENTS TO THE UNIFORM PLUMBING CODE.
The following local amendments to the Uniform Plumbing Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the Uniform Plumbing Code:
(a) Title, Scope, and General - Appendices Adopted. Section 101 of the Uniform Plumbing Code, entitled "Title, Scope, and General," is amended by adding the following new Subsection 101.6:
Sec. 101.6 Appendices adopted. The Uniform Plumbing Code standards set forth in Appendices A, B, and I of the Uniform Plumbing Code are hereby adopted.
(b) Organization and Enforcement - Penalties. Section 102 of the Uniform Plumbing Code, entitled "Organization and Enforcement," is amended by substituting Subsection 102.3.2 with the following:
Sec. 102.3.2 Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs plumbing work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise provided by law.
(c) Organization and Enforcement - Board of Appeals. Section 102 of the Uniform Plumbing Code, entitled "Organization and enforcement," is amended by substituting Subsection 102.4, a subsection that was added to the State Code in accordance with WAC 51-56-0100, with the following:
Sec. 102.4 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code.
(Ord. 4904 §1, 2004)
17.04.110 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE.
The following local amendments to the International Property Maintenance Code are hereby adopted as if fully set forth therein.
(a) Chapter 1 of the International Property Maintenance Code is adopted with the exception of Section 111 and the following amendments:
Sec. 106 Violations
106.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
106.2 Notice of violations. The code official shall serve a notice of violation or order in accordance with BMC Chapter 1.04.
(b) Section 107 of the International Property Maintenance Code entitled "Notices and Orders" is adopted with the exception of Subsections 107.2 and 107.3 and with the following amendments:
107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in BMC Chapter 1.04.
107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in BMC Chapter 1.04.
(c) Chapter 2 of the International Property Maintenance Code is adopted with the exception of the following:
Section 202 General Definitions shall not include "Garbage" and "Rubbish."
(d) Chapter 3 of the International Property Maintenance Code is adopted with the exception of Subsections 302.4 "Weeds," 302.8 "Motor vehicles," 302.9 "Defacement of property," Section 303 "Swimming Pools, Spas and Hot Tubs," Subsections 304.3 "Premises identification," 304.14 "Insect screens," 304.17 "Guards for basement windows," 304.18.1 "Doors," Section 306 "Handrails and Guardrails," Section 307 "Rubbish and Garbage," and Subsection 308.5 "Occupant."
(e) Chapter 5 of the International Property Maintenance Code is adopted with the following amendments:
Section 505 Water Systems
505.1 General shall read:
505.1 General. Every sink, lavatory, bathtub and shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water.
505.4 Water heating facilities shall read:
505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110° F (43°C).
(f) Chapter 6 of the International Property Maintenance Code is adopted with the following amendments:
Section 602 Heating Facilities
602.2 Residential occupancies shall read:
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
602.3 Heat supply shall read:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat of not less than 68° F (20°C) in all habitable rooms, bathrooms, and toilet rooms.
602.4 Occupiable work spaces shall read:
602.4 Occupiable work spaces. Indoor occupiable work space shall be supplied with heat of not less than 65° F (18°C) during the period the spaces are occupied.
(Ord. 5015 §6, 2007)
17.04.130 BUILDING CODES - FEES.
The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC 3.01.040, Community Development - Rate Table C, as currently enacted or as hereafter amended. (Ord. 4904 §1, 2004)
17.04.140 APPEALS.
(a) Appeals to the Hearings Examiner.
(1) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the application of the building codes cited in this chapter. The City Hearings Examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the City Hearings Examiner be empowered to waive requirements of these building codes.
(2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC.
(3) Standing. Standing to bring an appeal under this chapter is limited to the following persons:
(i) The applicant and the owner of property to which the permit decision is directed.
(ii) Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:
a. The order, determination, or decision has prejudiced or is likely to prejudice that person;
b. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and
c. The appellant has exhausted his or her administrative remedies to the extent required by law.
(b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. (Ord. 4904 §1, 2004)
17.04.150 VIOLATION - PENALTY.
(a) Any violation of any provision of the City Building Code, Chapter 17.04 BMC, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of the City Building Code, Chapter 17.04 BMC, shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 4904 §1, 2004)
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