Chapter 15.05 CONSTRUCTION CODE

Chapter 15.05
CONSTRUCTION CODE

Sections:

15.05.010 Title, definitions, applicability of permits, and permit requirements.

15.05.020 Fees.

15.05.030 Fee refunds.

15.05.040 Construction code adoption and amendments.

15.05.050 Conflicts.

15.05.060 Copies to be available.

15.05.070 Limitation.

15.05.010 Title, definitions, applicability of permits, and permit requirements.

(1) Title. This chapter shall be known as the construction code of the town of Beaux Arts Village.

(2) Definitions.

“Construction codes” means the following codes:

(i) International Building Code;

(ii) International Residential Code;

(iii) International Mechanical Code;

(iv) Liquefied Petroleum Gas Code;

(v) National Fuel Gas Code;

(vi) International Fuel Gas Code;

(vii) International Fire Code;

(viii) International Property Maintenance Code;

(ix) Washington State Energy Code;

(x) Uniform Plumbing Code;

(xi) International Existing Building Code;

(xii) International Swimming Pool and Spa Code.

“Council” means the town council of the town of Beaux Arts Village, Washington.

“Town” means the town of Beaux Arts Village, Washington.

“Town building code” shall include all construction codes as defined.

(3) Applicability of Permits.

(a) Building Permit. Any person, firm, corporation, owner, or authorized agent intending to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, the installation of which is regulated by the codes adopted and amended by the Beaux Arts Village Municipal Code, or to cause any such work to be done, shall first make application to the building official and obtain the required building permit. Tree protection related to development regulated under a building permit shall be included in the scope of the building permit unless specifically excluded by the building official.

(b) Demolition Permit. Any person, firm, corporation, owner, or authorized agent intending to demolish a structure or portion thereof, of which is regulated by the codes adopted and amended by the Beaux Arts Village Municipal Code, or to cause any such work to be done, shall first make application to the building official and obtain the required demolition permit. Where only a portion of a structure is being demolished and it is intended to be included with construction applicable with a building permit, the building official shall determine if a separate demolition permit is required.

(c) Grading Permit. Any person, firm, corporation, owner, or authorized agent intending to grade, excavate, or conduct earthwork construction including fills and embankments, of which is regulated by the codes adopted and amended by the Beaux Arts Village Municipal Code, or to cause any such work to be done, shall first make application to the building official and obtain the required grading permit. Site work related to a building permit shall be included in the scope of the building permit unless specifically excluded by the building official.

(d) Mechanical Permit. Any person, firm, corporation, owner, or authorized agent intending to erect, install, enlarge, alter, repair, remove, convert or replace any gas or mechanical system, the installation of which is regulated by the codes adopted and amended by the Beaux Arts Village Municipal Code, or to cause any such work to be done, shall first make application to the building official and obtain the required mechanical permit. The town is authorized to combine mechanical and plumbing permits into one combination permit.

(e) Plumbing Permit. Any person, firm, corporation, owner, or authorized agent intending to erect, install, repair, relocate, replace, add to use, or maintain a plumbing system, the installation of which is regulated by the codes adopted and amended by the Beaux Arts Village Municipal Code, or to cause any such work to be done, shall first make application to the building official and obtain the required plumbing permit. The town is authorized to combine mechanical and plumbing permits into one combination permit.

(f) Electrical Permit. Any person, firm, corporation, owner, or authorized agent intending to install, repair, relocate, replace, or convert any electrical wiring or system, or cause any such work to be done, shall first obtain an electrical permit from the Washington State Department of Labor and Industries. The building official is authorized to require that an electrical permit be obtained and/or finaled prior to finaling any related building permit.

(g) Commercial Right-of-Way Permit. Any person, firm, corporation, owner, or authorized agent intending to disturb the paved portion of any street in the town or the unpaved portion of any town right-of-way in order to install, alter, repair, replace, remodel, or convert any underground utility or to perform other work, or causing the same to be done, shall first obtain a commercial right-of-way permit from the town clerk. Storage of construction materials in the paved or unpaved portion of any town right-of-way is subject to the provisions of a commercial right-of-way permit as determined by the building official.

(h) Right-of-Way Permit. Any person, firm, corporation, owner, or authorized agent intending to install plant material, improvements, and parking surface materials within the nonpaved portions of the right-of-way shall first obtain a right-of-way permit from the town clerk unless the intended use is specifically listed as a use allowed outright without the need for permits or town review.

(i) Tree Permit. Any person, firm, corporation, owner, or authorized agent intending to remove a tree, or causing the same to be done, of which is regulated by the tree code shall first obtain a tree permit from the town clerk. Any person, firm, corporation, owner, or authorized agent intending to impact a protected tree by site development or construction activities, or causing the same to be done, of which is regulated by the tree code shall first contact the building official to determine if a tree permit is required.

(j) Other Permits. Any person, firm, corporation, owner, or authorized agent intending to construct a project requiring prior approval or a permit not specifically listed in this chapter shall obtain prior approval or a permit from the appropriate regulatory agency.

(4) Permit Requirements.

(a) The building official is authorized to require that a permit required by other agencies is obtained and/or finaled prior to finaling a building permit.

(b) Any conditions, stipulations, inspections, or other requirements of the fire marshal shall become part of the approved building permit documents.

(5) Hearing Examiner.

(a) Where reference is made to the board of appeals in the codes adopted in BAVMC 15.05.040, the section shall be replaced with the language in Chapter 2.25 BAVMC regarding the hearing examiner. [Ord. 449 §§ 2, 3, 2021; Ord. 422 §§ 1, 2, 2016; Ord. 405 § 1, 2013; Ord. 377 § 1, 2010]

15.05.020 Fees.

(1) Permit Fee. A permit fee shall be assessed for each separate permit as set by resolution of the council and shall be paid at the time the permit is issued. No work requiring a permit shall begin until the permit fee is paid and the permit is issued. If work requiring a permit is started prior to obtaining the permit, the permit fees shall be doubled. The payment of such doubled fee shall not relieve the applicant from complying with the town building code, the town zoning code, or other town ordinances.

(2) Plan Review Fee. A plan review fee shall be assessed for each separate permit whenever plans or other data are required to be submitted for review prior to the issuance of a permit. Plan review fees shall be set by resolution of the council and shall be paid at the time of permit application.

(3) Stormwater Review Fee. Fees for reviews and inspections related to stormwater requirements shall be paid by the applicant.

(4) Investigation Fee. The building official is authorized to assess a special investigation fee for the evaluation of violations or stop work orders. The fees shall be paid by the property owner.

(5) Penalties and Other Fees. The building official is authorized to establish penalty fees for unlawful continuance of work that violates a stop work order or notice, or for not making required modification so directed in a notice. Violations of the provisions of the building codes shall be a civil infraction and any person found guilty thereof shall be subject to a civil penalty in an amount not to exceed $500.00. It shall be a separate infraction for each and every day or portion thereof during which any violation of any provision of the building code is committed, continued, or allowed to continue.

(6) Fire Marshal Review Fee. Fees for reviews and inspections performed by the fire marshal or his authorized representative shall be as set by the fire marshal and shall be paid by the applicant.

(7) Inspection Deposit Fee. An inspection deposit fee shall apply to building permits to cover inspections for building and other permit inspections and shall be paid by the permit applicant prior to permit issuance. The building official is authorized to waive the inspection deposit when, in the opinion of the building official, it would not be likely that multiple inspections will be necessary considering the scope of work. Re-roof permits that do not require replacement of roof sheathing or roof framing are categorically exempt from the inspection deposit requirement. [Ord. 405 § 3, 2013; Ord. 377 § 2, 2010]

15.05.030 Fee refunds.

(1) The town clerk-treasurer shall authorize the refunding of any fee under this chapter that was erroneously paid or collected.

(2) The building official may authorize the refunding of a portion of the plan review fee when a permit application for which the fee has been paid is withdrawn or canceled and no review commenced. Such refund shall not exceed the difference between the cost to the town of processing said application and the fee paid; in any event, the refund returned shall not exceed 80 percent of the plan review fee.

(3) The town clerk-treasurer may authorize the refunding of a part of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. Such refund shall not exceed the difference between the cost to the town of processing said application and the fee paid.

(4) Any applicant desiring the refund of any fee paid under this chapter shall apply for such refund in writing to the town clerk-treasurer no later than 180 days after the date of the fee payment. [Ord. 377 § 3, 2010]

15.05.040 Construction code adoption and amendments.

(1) Adoption of the International Building Code. The International Building Code (IBC), 2018 Edition, including ICC A117.1-2009, Accessible and Usable Buildings and Facilities, and Appendix E – Supplementary Accessibility Requirements, as published by the International Code Council and adopted and amended by the state of Washington pursuant to Chapter 51-50 WAC, including Appendix J – Grading, is adopted by reference, subject to the amendments set forth in this chapter.

(a) IBC 105.2, Work exempt from permit, is amended to add the following under Building, as Items 14 and 15:

14. Interior and exterior alterations and repairs that are nonstructural and for which the fair market value of the work performed does not exceed fifteen hundred dollars ($1,500.00) in a twelve-month period.

15. Towers and poles owned by public utilities, including associated public and private equipment attached to such towers and poles. Note: Communication towers owned by private companies, and any equipment associated with such towers, are not exempt.

(b) IBC 105.3.2, Time limitation of application, is amended to read as follows:

105.3.2 Time limitation of application.

1. Applications for which no permit is issued within 18 months following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with State law by the building official.

2. Applications may be canceled by written notification to the applicant prior to the 18-month expiration by limitation as noted above for inactivity. Examples of inactivity include the applicant’s failure to appropriately respond within 90 days to the Building Department’s written request to submit revisions, corrections, actions and/or additional information. The building official may extend the response period beyond 90 days if within the original 90-day time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the Building Department.

3. The building official may extend the life of an application if any of the following conditions exist:

a. Compliance with the State Environmental Policy Act is in progress; or

b. Any other Town review is in progress; provided, the applicant has submitted a complete response to Town requests or the building official determines that unique or unusual circumstances exist that warrant additional time for such response, and the building official determines that the review is proceeding in a timely manner toward final Town decision; or

c. Litigation against the Town or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.

105.3.3 Permits ready to issue. When a permit is ready to be issued, the applicant shall be notified and must pick up the permit and pay any remaining fees owed within 30 days of notification. If the permit is not picked up, it may be canceled by the building official and become null and void. If the permit is canceled, the building official shall notify the applicant in writing.

(d) IBC 105.5, Expiration, is amended to read as follows:

105.5 Expiration.

1. Every permit issued shall expire 2 years from the date of issuance. The building official may approve a request for an extended expiration date where construction work is performed in phases extending beyond a 2-year period due to the unique size and scope of project work and a construction schedule is provided by the applicant and approved prior to permit issuance.

2. Every permit, for which work has already started, which has expired but has not exceeded 180 days past the original expiration date may be renewed for a period of 1 year past the original expiration date for an additional fee as long as no changes have been made to the originally approved plans. For permits that have been expired for longer than 180 days, a new permit must be obtained and new fees paid based on the valuation of remaining work. No permit shall be renewed more than once.

3. Mechanical and plumbing permits shall expire at the same time as the associated building permit, except that if no associated building permit is issued, the mechanical and/or plumbing permit shall expire 1 year from the date of issuance.

4. If a permit expired without final inspection and no further work was performed during the expiration period, the building official may authorize a 30-day extension to an expired permit for the purpose of performing a final inspection and closing out the permit as long as not more than 180 days have passed since the permit expired. The 30-day extension would commence on the date of written approval. If the work required under a final inspection is not completed within the 30-day extension period, the permit shall expire. However, the building official may authorize an additional 30-day extension if conditions outside of the contractor’s control exist and the contractor is making good effort to complete the permitted work.

5. During or after a declared emergency covered under chapter 38.52 RCW, the building official may authorize one 6-month extension to an unexpired permit if the building official finds that the state of emergency resulted in a stoppage of work or substantial construction delays.

(e) IBC 113.1, General, is amended to read as follows:

113.1 General. The Town of Beaux Arts Village Hearing Examiner under the provisions of BAVMC Chapter 2.25 shall hear and make decisions of appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the Construction Codes.

(f) IBC 113.3, Qualifications, is amended to read as follows:

IBC 113.3 Qualifications. The Town of Beaux Arts Village Hearing Examiner shall have qualifications as determined under the provisions of BAVMC Chapter 2.25.040.

(2) Adoption of International Residential Code. The International Residential Code (IRC), 2018 Edition, as published by the International Code Council, as adopted and amended by the state of Washington pursuant to Chapter 51-51 WAC, is adopted by reference with the following additions, deletions and exceptions: provided, that Chapters 11 and 25 through 43 of this code are not adopted; provided, that the Energy Code is regulated by Chapter 51-11R WAC; provided, that the Plumbing Code is regulated by Chapters 51-56 WAC; provided, that the standards for liquefied petroleum gas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code); provided, that all other fuel gas installations shall be regulated by the International Mechanical Code and International Fuel Gas Code. Appendix F – Radon Control Methods, Appendix Q – Tiny Houses, and Appendix U – Dwelling Unit Fire Sprinkler Systems are included in adoption of the International Residential Code.

(a) IRC R105.2, Work exempt from permit, is amended to add the following under Building, as Items 11, 12, and 13:

11. Interior and exterior alterations and repairs that are nonstructural and for which the fair market value of the work performed does not exceed fifteen hundred dollars ($1,500.00) in a twelve-month period.

12. Towers and poles owned by public utilities, including associated public and private equipment attached to such towers and poles. Note: Communication towers owned by private companies, and any equipment associated with such towers, are not exempt.

13. Photovoltaic (PV) panels meeting all of the following criteria:

a. PV system is designed and proposed for a detached one- or two-family dwelling or townhouse not more than three stories above grade or detached accessory structure.

b. PV system is being installed by a licensed contractor.

c. Mounting system is engineered and designed for PV.

d. Rooftop is made from lightweight material such as a single layer of composition shingles, metal roofing, or cedar shingles.

e. Panels are mounted no higher than 18 inches above the surface of the roofing to which they are affixed. Except for flat roofs, no portion of the system may exceed the highest point of the roof (or ridge).

f. Total dead load of panels, supports, mountings, raceways, and all other appurtenances weigh no more than 4.0 pounds per square foot.

g. Supports for solar panels are installed to spread the dead load across as many roof-framing members as needed to ensure that at no point loads in excess of 50 pounds are created.

h. The installation will comply with the manufacturer’s instructions.

i. Roof and wall penetrations will be flashed and sealed to prevent entry of water, rodents, and insects.

j. Home is code compliant to setbacks and height, or code allows expansion of nonconformity for solar panels.

k. System complies with International Residential Code Section R324 for solar energy systems.

l. Roof-mounted collectors and supporting structure are constructed of noncombustible materials or fire-retardant-treated wood equivalent to that required for the roof construction.

m. The PV system has an approved and issued electrical permit.

(b) IRC R105.3.2, Time limitation of application, is amended to read as follows:

R105.3.2 Time limitation of application.

3. The building official may extend the life of an application if any of the following conditions exist:

a. Compliance with the State Environmental Policy Act is in progress; or

c. Litigation against the Town or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.

R105.3.3 Permits ready to issue. When a permit is ready to be issued, the applicant shall be notified and must pick up the permit and pay any remaining fees owed within 30 days of notification. If the permit is not picked up, it may be canceled by the building official and become null and void. If the permit is canceled, the building official shall notify the applicant in writing.

(d) IRC R105.5, Expiration, is amended to read as follows:

R105.5 Expiration.

(e) IRC R112.1, General, is amended to read as follows:

R112.1 General. The Town of Beaux Arts Village Hearing Examiner under the provisions of BAVMC Chapter 2.25 shall hear and make decisions of appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the Construction Codes.

(f) IRC R112.3, Qualifications, is amended to read as follows:

R112.3 Qualifications. The Town of Beaux Arts Village Hearing Examiner shall have qualifications as determined under the provisions of BAVMC Chapter 2.25.040.

(g) IRC Table R301.2(1), Climatic and Geographic Design Criteria, is amended to read per Exhibit A, attached to the ordinance codified in this chapter.

(3) Adoption of the International Mechanical Code. The International Mechanical Code (IMC), 2018 Edition, published by the International Code Council and adopted and amended by the state of Washington pursuant to Chapter 51-52 WAC, is adopted by reference with the following additions, deletions, and exceptions: provided, that the installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code; provided, that detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the International Residential Code; provided, that the standards for liquefied petroleum gas installations shall be per the 2017 Edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2018 Edition of NFPA 54 (National Fuel Gas Code).

(4) Adoption of the Liquefied Petroleum Gas Code. The 2017 Edition of the Liquefied Petroleum Gas Code (NFPA 58), as adopted by the State Building Code Council in Chapter 51-52 WAC together with Appendix Chapter A – Sizing and Capacities of Gas Piping, as published by NFPA, is adopted by reference.

(5) Adoption of the National Fuel Gas Code. The 2018 Edition of the National Fuel Gas Code (NFPA 54), as adopted by the State Building Code Council in Chapter 51-52 WAC, as published by NFPA, is adopted by reference.

(6) Adoption of the International Fuel Gas Code. The International Fuel Gas Code (IFGC), 2018 Edition, published by the International Code Council as adopted by the state of Washington pursuant to Chapter 51-52 WAC, is adopted by reference.

(7) Adoption of the International Fire Code. The International Fire Code (IFC), 2018 Edition, including Appendix B – Fire-Flow Requirements for Buildings and C – Fire Hydrant Locations and Distribution, as published by the International Code Council, as adopted and amended by the state of Washington pursuant to Chapter 51-54A WAC and as amended by the city of Bellevue, Washington, in Chapter 23.11 of the Bellevue City Code is adopted by reference, with the following additions, deletions and exceptions: provided, however, that all references therein to the city of Bellevue and/or city of Bellevue officials shall be construed as meaning the town of Beaux Arts Village and/or the relevant town of Beaux Arts Village officials, except that references to the “fire code official” and “fire marshal” shall mean the fire marshal of the city of Bellevue and references to the “fire chief” or “chief” shall mean the fire chief of the city of Bellevue; further provided, that all references to Bellevue City Code (BCC) Chapter 1.18 (Civil Violations) shall mean BAVMC 15.05.020(5); further provided, all references to the City of Bellevue Transportation Department Design Standards and Manual shall be replaced with the standards in effect in the town of Beaux Arts Village; further provided, all references to the Washington Cities Electrical Code shall be replaced with references to the electrical code adopted by the state of Washington.

(8) Adoption of the International Property Maintenance Code. The International Property Maintenance Code (IPMC), 2018 Edition, as published by the International Code Council, is adopted by reference except Sections 111, 302.3, 302.4, 302.8, 304.2, 304.8, 304.13 through 304.19, 305.3, 305.6, 308, 309.2 through 309.5, 404.1, 506.3, 605 and 606 are not adopted.

(9) Adoption of the Washington State Energy Code. The 2018 Washington State Energy Code (WSEC), as adopted by the State Building Code Council in Chapters 51-11C and 51-11R WAC, including Appendix A – Default Heat Loss Coefficients, Appendix B – Default Internal Load Values and Schedules, Appendix C – Exterior Design Conditions, and Appendix D – Calculation of HVAC Total System Performance Ratio, is adopted by reference.

(10) Adoption of the Uniform Plumbing Code. The Uniform Plumbing Code (UPC), 2018 Edition, as published by the International Association of Plumbing and Mechanical Officials, as adopted and amended by the state of Washington pursuant to Chapter 51-56 WAC, is adopted by reference together with the following additions, deletions and exceptions: provided, that Chapter 12 – Fuel Gas Piping and Chapter 14 – Firestop Protection of the Uniform Plumbing Code are not adopted; provided, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as found in UPC Chapter 5 and those portions of the code addressing building sewers are not adopted; provided, that “Lawn Sprinkler Heads” from Table 610.3 and Table 610.4 are excluded. The following appendices are also adopted by reference: Appendix A – Recommended Rules for Sizing the Water Supply System; Appendix B – Explanatory Notes on Combination Waste and Vent Systems; and Appendix I – Installation Standard for PEX Tubing Systems for Hot- and Cold-Water Distribution. In addition, Appendix C – Alternate Plumbing Systems, excluding Sections C501 through C601, is adopted by reference.

(11) Adoption of the International Existing Building Code. The International Existing Building Code (IEBC), 2018 Edition, as published by the International Code Council, as adopted and amended by the state of Washington pursuant to Chapter 51-50 WAC, including Appendix A – Guidelines for the Seismic Retrofit of Existing Buildings, is adopted by reference.

(12) Adoption of the International Swimming Pool and Spa Code. The International Swimming Pool and Spa Code (ISPSC), 2018 Edition, as published by the International Code Council, as adopted and amended by the state of Washington pursuant to WAC 51-50-3109 as included in the adoption of the International Building Code in IBC Section 3109.1 and amended in WAC 51-50-3109 and as provided by International Residential Code Section R326 and renumbered and amended in WAC 51-51-0328, is adopted by reference. [Ord. 449 § 4, 2021; Ord. 422 § 3, 2016; Ord. 405 § 2, 2013; Ord. 377 § 4, 2010]

15.05.050 Conflicts.

In the event of a conflict between the building codes adopted by this chapter and other provisions of this chapter, the Beaux Arts Village Municipal Code shall take precedence. Nothing contained in any provision of this chapter shall be construed to permit any use, occupancy, or construction that is not in conformance with the town zoning code. [Ord. 405 § 5, 2013; Ord. 377 § 5, 2010]

15.05.060 Copies to be available.

At least one copy of the codes, regulations, and standards adopted by reference in this chapter, in the form in which they were adopted, shall be filed in the office of the town clerk and shall be available for use and examination by the public. [Ord. 405 § 6, 2013; Ord. 377 § 6, 2010]

15.05.070 Limitation.

The restrictions, limitations and requirements provided for in this chapter are in addition to, and not in limitation of, any restrictions, limitations or requirements derived from any contract, deed or covenant preexisting this chapter. [Ord. 405 § 7, 2013; Ord. 377 § 7, 2010]