Chapter 15.04 CITY BUILDING CODE

These regulations shall be known as the “city building code,” hereinafter referred to as “this chapter.” (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010)

15.04.020 Definitions.

Whenever the following words appear in this chapter or the codes adopted by reference in this chapter, they shall have the following meanings or explanations:

Appeals. An application for appeal shall be based on a claim that the true intent of the city building code or the rules adopted in this chapter have been incorrectly interpreted, the provisions of the city building code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of the city building code.

“Associated permits” means all permits triggered by a required building permit including, but not limited to, sewer, storm, landscape, tree, and fire permits.

Board of Appeals. Where the term “board of appeals” is used in this chapter or the codes adopted by reference in this chapter, it shall mean the hearing examiner as established by this code.

“Building official” means the person designated by the mayor to render interpretations of this chapter, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this chapter. Such interpretations, policies and procedures shall not have the effect of waiving requirements specifically provided for in this chapter.

Code Official. The building official is the code official and shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

“Electrical code” means the National Electrical Code as adopted by the Washington State Department of Labor and Industries and amended in Chapter 296-46B WAC.

“Fire code official” means the fire marshal or deputy chief of fire prevention acting under the supervision of the city fire chief.

“Jurisdiction” means the city.

“Permit” means all documents related to a permit and approved by the city, including but not limited to the application, drawings, details, site plan, structural calculations, stormwater plans, conditions and permit.

“Permit fees” means the fees established by Chapter 3.04 BMC.

Plumbing System. A “plumbing system” includes all potable water, building supply and distribution pipes, all plumbing fixtures and traps, all drainage and vent pipe(s), and all building drains including their respective joints and connections, devices, receptors, and appurtenances within the property lines of the premises and shall include potable water piping, potable water treating or using equipment, medical gas and medical vacuum systems, and water heaters; provided, that no certification shall be required for the installation of a plumbing system within the property lines and outside a building.

“Work area” means that portion of a building affected by any renovation, alteration or reconstruction work as initially intended by the owner and indicated as such in the permit. “Work area” excludes other portions of the building where incidental work entailed by the intended work must be performed, and portions of the building where work not initially intended by the owner is specifically required by this chapter for a renovation, alteration or reconstruction. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.030)

15.04.030 International Building Code adopted.

The 2021 Edition of the International Building Code, including Appendix E, the 2021 International Existing Building Code and the International Swimming Pool and Spa Code published by the International Code Council is hereby adopted by reference with the exceptions noted in Chapter 50-51 WAC and this chapter. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.040)

15.04.040 IBC Section 101.3 – Intent.

Section 101.3 of the International Building Code is amended to read as follows:

101.3 Intent. It is expressly the purpose of this Code to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Code.

It is the specific intent of this Code that no provision or term used in this Code is intended to impose any duty whatsoever upon the City or any of its officers or employees for whom the implementation or enforcement of this Code shall be discretionary and not mandatory.

Nothing contained in this Code is intended to be nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents for any injury or damage resulting from the failure of a building to comply with the provisions of this Code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval, authorized or issued or done in connection with the implementation or enforcement of this Code, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this Code by its officers, employees or agents.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016)

15.04.050 IBC Section 101.4.3 amended – Plumbing codes.

Section 101.4.3 of the International Building Code is amended to read as follows:

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

The provisions of the Snohomish County Health Code shall apply to private sewage disposal systems.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010)

15.04.060 IBC Section 101.4.6 – Energy.

Section 101.4.6 of the International Building Code is amended to read as follows:

The provisions of the Washington State Energy Code (Chapter 51-11R and 51-11C WAC) shall apply to all matters governing the design and construction of buildings for energy efficiency.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010)

15.04.070 Expiration.

Section 105.5 of the International Building Code is adopted in its entirety and amended to read as follows:

105.5 Expiration. Permits become null and void if the authorized work has not been inspected by this department within 180 calendar days of issuance or for a period of 180 calendar days from the last inspection. The total life of permits is limited to a maximum of 540 calendar days, provided it has not expired under the restrictions above. One extension request for 180 calendar days may be granted if a written request is submitted to the Building Official showing just cause before the expiration date.

If a permit expires, the permittee shall obtain a new permit to complete the remainder of the work. The cost of the new permit will be based on the value of the remainder of work per the fee schedule.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016)

15.04.080 IBC Section 109.2 amended – Schedule of permit fees.

Section 109.2 of the International Building Code is adopted in its entirety and amended to read as follows:

109.2 Schedule of permit fees. Fees shall be set forth in a fee resolution adopted, and from time to time amended, by the city council.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016)

15.04.090 IBC Section 113 adopted.

Section 113 of the International Building Code is adopted in its entirety and amended to read as follows:

113.1 General. The hearing examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the city building code, adopted in Chapter 15.04 BMC.

113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of the city building code, Chapter 15.04 BMC or the rules adopted hereunder have been incorrectly interpreted, that the provisions of such code or rules do not fully apply or that an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of the city building code, Chapter 15.04 BMC or the rules adopted hereunder.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010)

15.04.100 International Residential Code adopted.

The 2021 Edition of the International Residential Code as published by the International Code Council is hereby adopted by reference with the following additions, deletions, and exceptions; provided, that Chapters 11 and 25 through 43 of this code are not adopted. Energy Code is regulated by Chapter 51-11R WAC; Plumbing Code is regulated by Chapter 51-56 WAC; Electrical Code is regulated by Chapter 296-46B WAC or Electrical Code as adopted by the local jurisdiction. Appendix F, Radon Control Methods, Appendix Q, Tiny Homes, and Appendix U, Dwelling Unit Fire Sprinkler Systems, are included in adoption of the International Residential Code. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010)

15.04.110 IRC Section R105.2 amended – Work exempt from permit.

Section R105.2, “Work exempt from permit,” is amended to read as follows:

Section R105.2 adopted by this chapter is amended by revising the building exempt from permit numbers 1, 2 and 3 to read as follows:

Building:

1. One story detached accessory structures, provided the floor area does not exceed 120 square feet.

2. Fences not over six feet high,

Exception: A 12 inch lattice top rail is allowed and must comply with BMC 17.50.180.

a. Any new fence over 6 foot and its exception shall not be allowed except thru the variance process as defined in Chapter 17.36 BMC.

3. Retaining walls that 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, with a site plan approved by the city engineer.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010)

15.04.120 IRC Section R105.5 adopted.

Section R105.5 is adopted and amended to read as follows:

R105.5 Expiration. Permits become null and void if the authorized work has not started, or been inspected by this department within 180 calendar days of issuance or for a period of 180 calendar days from the last inspection. The total life of permits is limited to a maximum of 540 calendar days, provided it has not expired under the restrictions above. One extension request for 180 calendar days may be granted if a written request is submitted to the Building Official showing just cause before the expiration date.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016)

15.04.130 IRC Section R112 adopted.

Section R112 of the International Residential Code is adopted and amended to read as follows:

R112.1 General. The hearing examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the city building code adopted in Chapter 15.04 BMC.

R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of the city building code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of the city building code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of the city building code.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.120)

15.04.140 IRC Table R301.2(1) amended.

Table R301.2(1) of the International Residential Code is amended to read as follows:

GROUND SNOW LOAD	25
WIND DESIGN
Speed d (mph)	110
Topographic effects k	No
Special wind region l	No
Wind-borne debris zone m	No
SEISMIC DESIGN CATEGORY f	D-2
SUBJECT TO DAMAGE FROM
Weathering a	Moderate
Frost line b	12”
Termite c	Slight
WINTER DESIGN TEMP e	22
ICE BARRIER UNDERLAYMENT REQUIRED h	No
FLOOD HAZARDS g	Entry into program 9/24/84 last revised 9/28/2010
AIR FREEZING INDEX i	1500
MEAN ANNUAL TEMP j	52.8

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.

a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index, “negligible,” “moderate” or “severe” for concrete as determined from Figure R301.2(3). The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.

b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.

c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)A]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e. The outdoor design dry-bulb temperature shall be selected from the columns of 97½-percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.

f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.

g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of the currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended.

h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.”

i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”

j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”

k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.130)

15.04.150 IRC Section R313 amended – Automatic fire sprinkler systems.

Section R313 of the International Residential Code is adopted and amended to read as follows:

All sprinklers shall be installed per the applicable NFPA and South County Fire’s (SCF) fire sprinkler standard. For the purposes of Brier Municipal Code 15.04.150, spaces separated by fire walls, fire barriers, fire partitions and fire-resistance-rated horizontal assemblies noted in Chapter 7 IBC shall not be considered to be separate buildings.

1. An approved automatic fire sprinkler system shall be installed in new single-family dwelling units exceeding 3,000 square feet of fire area.

2. The design and installation of residential fire sprinkler systems shall be in accordance with NFPA 13D.

3. All new covered decks with gas stub-outs must be provided with a sprinkler head.

4. An automatic residential fire sprinkler system shall not be required where additions or alterations are made to an existing residential unit that does not have an automatic residential fire sprinkler system installed.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.140)

15.04.160 International Mechanical Code adopted.

The 2021 Edition of the International Mechanical Code published by the International Code Council is hereby adopted by reference with the exceptions noted in Chapter 51-52 WAC. Includes adoption of 2021 International Fuel Gas Code, 2021 NFPA 58, and 2020 NFPA 54. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.150)

15.04.170 IMC Section 101.2 amended – Scope.

Section 101.2 of the International Mechanical Code is amended to read as follows:

This code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. 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.

EXCEPTIONS:

1. 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.

2. The standards for liquefied petroleum gas installations shall be the most current Editions of NFPA 58 (Liquefied Petroleum Gas Code) and the most current Edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code) as adopted by WAC 51-52-005.

3. Provisions in the appendices shall not apply unless specifically adopted.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.160)

15.04.180 IMC Section 103.1 amended – General.

Section 103.1 of the International Mechanical Code is amended to read as follows:

The mechanical inspection is hereby a division of the Building Safety Department and the executive official in charge thereof shall be known as the Building/Code Official; or as designated by the Mayor.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.170)

15.04.190 IMC Section 113 amended.

Section 113 of the International Mechanical Code is amended to read as follows:

113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of the city building code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of the city building code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of the city building code.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.180)

15.04.200 International Fire Code adopted.

The 2021 Edition of the International Fire Code, published by the International Code Council, is adopted by reference with the additions, deletions, and exceptions in Chapter 51-54A WAC, together with referenced standards of the National Fire Protection Association and Appendices B (Fire-Flow Requirements for Buildings) and C (Fire Hydrant Locations and Distribution). (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.190)

15.04.210 IFC Section 102.5 amended – Application of residential code.

Section 102.5 of the International Fire Code is adopted by reference. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.200)

15.04.220 IFC Section 103 amended – Department of fire prevention.

Section 103 of the International Fire Code is amended to read follows:

103 Department of Fire Prevention. There is established in the City a Department of Fire Prevention; supervised by the fire marshal or deputy chief of fire prevention acting under the supervision of the fire chief and Mayor. The function of the Department shall be the implementation, administration and enforcement of the provisions of this Code.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.210)

15.04.230 IFC Section 104.9 amended – Modifications.

Section 104.9 of the International Fire Code is amended to read as follows:

104.9 Modifications. The building official/Mayor designee with the consultation of the fire marshal shall have the authority to modify any of the provisions of the International Fire Code upon application in writing by the owner, lessee, or his duly authorized agent. Where there are practical difficulties in carrying out the provisions of this code, the building official shall have the authority to grant modifications or alternative materials and methods that shall observe the spirit of the code, preserve fire- and life-safety, secure public health, and do substantial justice. Details of actions granting modifications shall be recorded and preserved in the records of the city clerk to aid in conformance and uniform application of related codes, ordinances, and standards.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.220)

15.04.240 IFC Section 104.11.1 amended – Assistance from other agencies.

Section 104.11.1 of the International Fire Code is amended to read as follows:

104.11.1 Assistance from other agencies. Police and other enforcement agencies shall have the authority to render necessary assistance in the investigation of fires, hazardous conditions, and enforcement of the life safety provisions of this code when requested by the fire marshal.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.230)

15.04.250 IFC Section 105.1.1 amended – Permits required.

Section 105.1.1 of the International Fire Code is amended to read as follows:

105.1.1 Permits required. Permits required by this code and regulated by the city shall be issued by the fire marshal or building official with the concurrence of the fire marshal. Permit fees adopted by the city council shall be paid prior to permit issuance. Permits shall be kept at the designated premises indicated and be readily available for fire and city personnel.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.240)

15.04.260 IFC Section 111 adopted – Board of appeals.

Section 111 of the International Fire Code is amended to read as follows:

111. Board of Appeals. When used in this code, the “Board of Appeals” shall mean the hearing examiner as established by the city building code.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.250)

15.04.270 IFC Section 112 adopted – Violation penalties.

Section 112 of the International Fire Code is amended to read as follows:

Section 112 Violation Penalties. See BMC 15.04.490.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.260)

15.04.280 IFC Section 503.1 amended – Where required.

Section 503.1 of the International Fire Code is amended to read as follows:

503.1

Where fire access roads are required, as defined in IFC section 503.1.1 or 503.5, the width of the roadway must be a minimum of 16 feet, have a height clearance of 13.5 feet. The length and turnaround radius must be determined by the fire code official at plan review.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.270)

15.04.290 IFC Section 503.1.1 adopted – Building and facilities.

Section 503.1.1 of the International Fire Code is adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.280)

15.04.300 IFC Section 503.1.2 adopted – Additional access.

Section 503.1.2 of the International Fire Code is adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.290)

15.04.310 IFC Section 503.1.3 adopted – High-piled storage.

Section 503.1.3 of the International Fire Code is adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.300)

15.04.320 IFC Section 503.2 adopted – Specifications.

Section 503.2 of the International Fire Code is adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.310)

15.04.330 IFC Section 503.3 adopted – Marking.

Section 503.3 of the International Fire Code is adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.320)

15.04.340 IFC Section 503.4 adopted – Obstruction of fire apparatus.

Section 503.4 of the International Fire Code is adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.330)

15.04.350 IFC Section 503.4.1 adopted – Traffic calming devices.

Section 503.4.1 of the International Fire Code is adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013. Formerly 15.04.340)

15.04.360 IFC Section 5601.1.3 amended – Fireworks.

Section 5601.1.3 of the International Fire Code is replaced by Chapter 8.28 BMC. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.350)

15.04.370 IFC Section 5704.2.9 adopted – Above-ground tanks.

Section 5704.2.9.6.1 (outside) of the International Fire Code is adopted and amended as follows:

Locations where outside above-ground tanks are prohibited. Class I and II flammable liquids in aboveground storage tanks are restricted for the protection of residential districts and shall be no more than 1,000 gallons within city limits.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.360)

15.04.380 IFC Section 5706.2.4.3 adopted – Locations where above-ground tanks are prohibited.

Section 5706.2.4.3 of the International Fire Code is adopted and amended as follows:

Locations where other above-ground tanks are prohibited. Class I and II flammable liquids in aboveground storage tanks are restricted for the protection of residential districts and shall be no more than 1,000 gallons within city limits.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.370)

15.04.390 IFC Section 6104.2 adopted – Maximum capacity within established limits.

Section 6104.2 of the International Fire Code is adopted and amended to read as follows:

LPG. The maximum capacity for each installation is restricted for the protection of residential districts and shall be no more than 500 gallons of water capacity within city limits.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.380)

15.04.400 Uniform Plumbing Code adopted.

The 2021 Edition of the Uniform Plumbing Code, including Appendices A, B, I, and M, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference with the following additions, deletions, and exceptions; provided, that Chapters 12 and 14 of this code are not adopted; provided further, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the code addressing building sewers are not adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.390)

15.04.410 UPC Section 104.5 amended – Fees.

Section 104.5 of the Uniform Plumbing Code is adopted and amended to read as follows:

104.5 Fees. Fees shall be assessed in accordance with Chapter 3.04 BMC.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.420)

15.04.420 UPC Section 107 amended – Hearing examiner.

Section 107 of the UPC is amended to read as follows:

107.1 General. The hearing examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the city building code adopted in Chapter 15.04 BMC.

107.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of the city building code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of the city building code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of the city building code.

(Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013. Formerly 15.04.410)

15.04.430 Washington State Energy Code adopted.

The Washington State Energy Code, current edition, as published in Chapters 51-11C and 51-11R WAC, is adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.410)

15.04.440 WSEC Section R110 amended – Hearing examiner.

Section R110 is amended to read as follows:

110.1 General. The hearing examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the city building code adopted in Chapter 15.04 BMC.

110.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of the city building code, or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of the city building code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive the requirements of the city building code.

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

(Ord. 496 § 1 (Exh. A), 2024)

15.04.450 International Building Code – Building valuation cost.

The most current edition of the International Code Council valuation data schedule, as published by the International Code Council’s Building Safety Journal, is adopted. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.440)

15.04.460 Conflict between codes.

In case of conflict among the codes adopted in this chapter, the order of compliance shall govern by RCW 19.27.031. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.450)

15.04.470 Documents to be filed and available for public inspection.

The codes, appendices and standards set forth in this chapter shall be filed with the city clerk, and a copy thereof made available for use and examination by the public, pursuant to RCW 35A.12.140. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.460)

15.04.480 Certificate of occupancy.

All associated permits with the building permit must be completed and approved by the city before a certificate of occupancy is issued.

Exception: 1. The building official or city planner may accept a performance assurance bond as stated in BMC 17.50.330(C) and the bond must be approved by the city clerk before certificate of occupancy is issued. A landscape plan must be submitted and approved before a performance assurance bond is accepted. (Ord. 496 § 1 (Exh. A), 2024)

15.04.490 Penalties.

Any person who shall violate any of the provisions of this chapter or the codes or standards adopted herein or fail to comply therewith, or who fails to comply with an order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the hearing examiner or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, and shall be punished in accordance with the provisions of BMC 1.28.030(A). The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a time period established by the building official; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not prevent an order or injunction for removal of any prohibited condition or cessation of any violation or noncompliance. (Ord. 496 § 1 (Exh. A), 2024; Ord. 471 § 1 (Exh. A), 2021; Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 434 § 1 (Exh. A) (part), 2016: Ord. 410 § 1 (Exh. A) (part), 2013: Ord. 380 § 1 (part), 2010. Formerly 15.04.470)

Prior legislation: Ords. 17M and 17.N.