Chapter 15.04


15.04.010    International Building Code adopted.

15.04.020    Adoption of Uniform Codes.

15.04.025    Commercial construction licensed design professional review.

15.04.030    Enforcement.

15.04.040    Building permit fees.

15.04.050    Codes—Copies on file.

15.04.060    Property lines and fence heights—Regulations.

15.04.065    Board of appeals.

15.04.070    Appeal.

15.04.080    Violation—Penalty.

*    Prior ordinance history: Ords. 257, 343, 430, 460, 495 and 528.

15.04.010 International Building Code adopted.

The current edition of the International Building Code, including Appendices I and J, as published by the International Code Council, Inc., and including all additions, deletions, and exceptions as set forth in WAC Title 51, as the same now exists or may be hereafter amended, is hereby adopted by this reference and incorporated herein as if fully set forth as the building code for the city of Brewster, except such portions as may be deleted, modified, or amended by ordinance. To the extent other provisions of the city municipal code currently refer to the Uniform Building Code, all such references shall hereafter be interpreted as references to the International Building Code as adopted in this section. (Ord. 754 § 1, 2004: Ord. 673 § 1, 1998: Ord. 614 § 1 (part), 1995)

15.04.020 Adoption of Uniform Codes.

The current editions of the following codes are adopted by this reference as if fully set forth subject to any deletions, modifications or amendments set forth in this chapter and if applicable, including any additions, deletions and exceptions as set forth in WAC Title 51, as the same now exists or may be hereafter amended:

A. The Uniform Code for the Abatement of Dangerous Buildings, including all appendices, as published by the International Conference of Building Officials;

B. Repealed by Ord. 754;

C. The Washington State Energy Code; and

D. The Washington State Ventilation and Outdoor Air Quality Code. (Ord. 754 § 2, 2004; Ord. 673 § 2, 1998: Ord. 614 § 1 (part), 1995)

15.04.025 Commercial construction licensed design professional review.

A. Any commercial construction work or plans submitted to the city for review and approval must be designed by a licensed design professional hired by the applicant. This design requirement shall apply to all construction of any residential structure containing four or more separate dwelling units and all nonresidential commercial construction.

B. Any construction identified as subject to the requirement set forth in subsection A of this section shall be designed and signed by a licensed design professional before any city permit for construction work is issued by the city.

C. For purposes of this section, a “licensed design professional” shall have the same meaning as a “registered design professional” defined in the most current version of the International Building Code which in 2018 contained this definition: “an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is to be constructed.” A licensed design professional shall include licensed architects and engineers.

D. The city building official is authorized to waive the requirement set forth in subsection A of this section if the city building official finds that the nature of the construction work applied for is such that design and signature by a licensed design professional is not necessary prior to submittal of the construction application, permit, or plans in order for the applicant to obtain compliance with the Brewster Municipal Code. (Ord. 941 § 1, 2021)

15.04.030 Enforcement.

The building official charged with the enforcement of the codes adopted by reference herein shall be the city superintendent or his/her designee. (Ord. 614 § 1 (part), 1995)

15.04.040 Building permit fees.

Building permit and plan review fees shall be as established from time to time by city of Brewster resolution. (Ord. 754 § 3, 2004: Ord. 618 § 1, 1995; Ord. 614 § 1 (part), 1995)

15.04.050 Codes—Copies on file.

The city clerk is directed to keep on file in the office of the city clerk not less than one copy of each of the codes adopted pursuant to this chapter for use and examination by the public pursuant RCW 35A.12.140. Such codes may be seen or read there during office hours, but shall not be taken from that office. (Ord. 614 § 1 (part), 1995)

15.04.060 Property lines and fence heights Regulations.

The rules and regulations concerning front and side property lines, and fence heights in residential areas shall be regulated by Title 17 of the Brewster Municipal Code. (Ord. 614 § 1 (part), 1995)

15.04.065 Board of appeals.

The members of the planning agency, as established pursuant to Chapter 2.33 of the Brewster Municipal Code, shall become ex officio members of the board of appeals and shall hear and decide appeals from the decisions of the building official pursuant to the International Building Code, the Uniform Code for Abatement of Dangerous Buildings, and any other code adopted by this chapter or by subsequent amendment which requires the establishment of a board of appeals. (Ord. 926 § 1 (part), 2020; Ord. 754 § 4, 2004: Ord. 673 § 3, 1998)

15.04.070 Appeal.

A. Whenever the building official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply, or that the true intent and meaning of the code have been misconstrued or wrongfully interpreted, the applicant may appeal from the decision of the building inspector to the board of appeals within fourteen calendar days from the issuance of the building inspector’s decision pursuant to Chapter 19.06 of this code, as now exists or as may be hereafter amended.

B. Appeals from the board of appeals’ decisions shall be made pursuant to Section 19.06.060 of this code and Chapter 36.70C RCW, as now exist or as may be hereafter amended, by filing a land use petition with the Okanogan County Superior Court within twenty-one days of issuance of the decision. (Ord. 673 § 4, 1998: Ord. 614 § 1 (part), 1995)

15.04.080 Violation—Penalty.

A. Any person who shall violate any of the provisions of this chapter, including the provisions of the codes and Washington Administrative Code adopted by reference in this chapter or who shall fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the board of appeals, or by a court of competent jurisdiction, within the time fixed by the provisions of this chapter, shall severally and for each such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. When not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate misdemeanor offense.

B. The instigation of misdemeanor proceedings in accordance with subsection A of this section shall not prevent the city from exercising all available civil remedies to force removal of prohibited conditions. (Ord. 754 § 5, 2004: Ord. 614 § 1 (part), 1995)