Chapter 15.04
BUILDING CODES

Sections:

15.04.010    Short title.

15.04.020    Adoption of codes.

15.04.025    Repealed.

15.04.026    Repealed.

15.04.030    Enforcement authority.

15.04.040    Amendments to the 2015 International Codes.

15.04.045    Permit fees.

15.04.050    Chapter compliance required.

15.04.055    Work without a permit – Investigation – Fee.

15.04.057    Reinspection – Fee.

15.04.060    Violations, penalties, enforcement.

15.04.070    Hearing examiner as board of appeals.

15.04.090    Construction site/portable toilet facilities required.

15.04.010 Short title.

This chapter shall be known as the city of Chelan building code. (Ord. 1511 § 1, 2016: Ord. 488 § 1, 1974).

15.04.020 Adoption of codes.

The following codes and regulations, one copy of which is on file with the city clerk for public inspection, are adopted by this reference as if set forth in full, subject to the amendments, additions or deletions set forth in this title. The term “WAC” means the Washington Administrative Code.

A. The 2015 International Building Code published by the International Code Council, Inc., with amendments as set forth in Chapter 51-50 WAC as the same exist now or may hereafter be amended, including Appendix E, “Supplementary Accessibility Requirements,” and the 2009 ICC/ANSI A117.1 Accessible and Usable Buildings and Facilities.

1. The following additional appendices are specifically adopted for local use within the city of Chelan: Appendix H, “Signs,” except that Chapter 17.58, Signs, shall have precedence where there are conflicting requirements; Appendix J, “Grading,” is adopted as the city of Chelan’s grading ordinance. Additionally, the city shall apply provisions of Chapter 15.12, Excavations – Dangerous Conditions.

B. The 2015 International Residential Code published by the International Code Council, Inc., with amendments as set forth in Chapter 51-51 WAC as the same exist now or may hereafter be amended, including adoption of Appendices F, “Passive Radon Gas Controls” (Chelan County is specified as low potential for radon gas, and therefore Appendix F is not adopted locally within the city of Chelan), and Q, “Dwelling Unit Fire Sprinklers” (installation reference only, not mandatory installation of fire sprinklers); Chapter 11 and Chapters 25 through 43 are not adopted.

1. The following additional appendices are specifically adopted for local use within the city of Chelan: Appendix A, “Sizing and Capacities of Gas Piping”; Appendix B, “Sizing of Venting Systems Servicing Appliances with Draft Hoods”; Appendix C, “Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems”; and Appendix J, “Existing Buildings and Structures.”

C. The 2015 International Mechanical Code published by the International Code Council, Inc., with amendments as set forth in Chapter 51-52 WAC, as the same exists now or may be hereafter amended, including adoption of the 2015 International Fuel and Gas Code, the 2014 Liquefied Petroleum Gas Code (NFPA 58 – Storage and Handling of Liquefied Petroleum Gases), and ANSI Z223.1/2014 National Fuel Gas Code (NFPA 54 – for LP gas installation only).

D. The 2015 International Fire Code published by the International Code Council, Inc., with amendments as set forth in Chapter 51-54A WAC as the same exist now or may hereafter be amended, including Appendix N, “2015 Wildland-Urban Interface Code,” as amended in Chapter 15.06, and those standards of the National Fire Protection Association specifically referenced in the International Fire Code; provided, that notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles.

1. The following additional appendices are specifically adopted for local use within the city of Chelan: Appendix B, “Fire-Flow Requirements for Buildings”; Appendix C, “Fire-Hydrant Locations and Distribution”; Appendix D, “Fire-Apparatus Access Roads”; Appendix E, “Hazard Categories”; Appendix F, “Hazard Ranking”; and Appendix G, “Cryogenic Fluids Weight and Volume Equivalents.”

E. The 2015 Uniform Plumbing Code/Standards published by the International Association of Plumbing and Mechanical Officials, including Appendix A, “Recommended Rules for Sizing the Water Supply System,” Appendix B, “Explanatory Notes on Combination Wasted and Vent Systems,” and Appendix I, “Installation Standard for PEX Tubing Systems for Hot and Cold Water Distribution”; with amendments as set forth in Chapter 51-56 WAC, pursuant to Chapters 19.27 and 70.92 RCW; with the following additions, deletions, and exceptions: provided, that Chapters 12 and 14 are not adopted; provided further, that those requirements relating to venting and combustion air of fuel fired appliance as found in Chapter 5 and those portions of the UPC addressing building sewers are not adopted as the same exists now or may be hereafter amended.

F. The 2015 International Property Maintenance Code published by the International Code Council, Inc., be and is hereby adopted for local use as the property maintenance code within the city of Chelan, in the state of Washington, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for all the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, as the same exists now or may be hereafter amended. The following appendices are specifically adopted: Appendix A, “Boarding Standard.”

G. The 2015 International Energy Conservation Code published by the International Code Council, Inc., as set forth in Chapters 51-11C and 51-11R WAC, and Appendix Chapters, as the same exists now or may be hereafter amended. Hereinafter referred to as the “2015 Washington State Energy Code.”

H. The 2015 International Existing Building Code published by the International Code Council, Inc., with amendments as set forth in Chapter 51-50 WAC as adopted with the IBC, as the same exists now or may be hereafter amended.

I. The 2015 International Swimming Pool and Spa Code published by the International Code Council, Inc., as adopted within the IBC, with amendments set forth in Chapter 51-50 WAC, per IBC, Section 3109, the remainder of Section 3109 is not adopted (and is removed via an ICC errata). All other “Water Recreation Facilities” as defined in RCW 70.90.110 are regulated under Chapters 246-260 and 246-262 WAC, as the same exists now or may be hereafter amended.

1. The following local exception is specifically adopted for local use within the city of Chelan: the height of the required barrier or fence around a pool shall be as modified by Section 17.20.020(I), “accessory uses,” which requires a minimum of a five-foot-high fence or barrier, whichever would be the more restrictive. (Ord. 1533 § 6 (Exh. 7) (part), 2017: Ord. 1511 § 2, 2016; Ord. 1453 § 1, 2013: Ord. 1408 § 1, 2010: Ord. 1353 § 1, 2008: Ord. 1341 § 1, 2007: Ord. 1285 § 1, 2004: Ord. 1106 § 1, 1998: Ord. 1015 § 1, 1995: Ord. 995 § 1, 1994; Ord. 949 § 1, 1992: Ord. 926 §§ 1, 2, 3, 1991; Ord. 883 § 1, 1989: Ord. 758 § 1, 1985: Ord. 689 § 2, 1982: Ord. 664 §§ 1, 2, 3, 1980; Ord. 540 § 1, 1976; Ord. 539 § 1, 1976; Ord. 538 § 1, 1976; Ord. 488 § 2, 1974).

15.04.025 Exceptions.

Repealed by Ord. 949. (Ord. 883 § 2, 1989).

15.04.026 Amendments to Uniform Fire Code.

Repealed by Ord. 1106. (Ord. 1015 § 2, 1995: Ord. 883 § 3, 1989).

15.04.030 Enforcement authority.

A. The building code shall be administered and enforced by the building official or his/her designee.

B. The building official shall be deemed the “authority having jurisdiction,” as such term is defined and utilized in the Uniform Plumbing Code, for purposes of enforcing and administering the provisions of the Uniform Plumbing Code.

C. The building official, or his/her designee, is authorized to administer and enforce the International Fire Code. (Ord. 1353 § 2, 2008: Ord. 1341 § 2, 2007: Ord. 1285 § 2, 2004: Ord. 1015 § 3, 1995: Ord. 883 § 4, 1989: Ord. 488 § 3, 1974).

15.04.040 Amendments to the 2015 International Codes.

A. Work Exempt from a Permit. Portions of Sections 105.2 of the International Building Code and International Residential Code, relating to work exempt from a building permit, are amended as follows:

1. International Building Code. Section 105.2(6) of the International Building Code is amended to read as follows:

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

2. International Residential Code. Section 105.2(5) of the International Residential Code is amended to read as follows:

5. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below.

10. Platforms and Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a swelling and do not serve the exit door required by Section R311.4.

3. International Building Code. A new subsection 105.2(14) shall be added to the International Building Code, to read as follows:

14. Re-roofing in accordance with Section 1510 of the International Building Code, except where any portion of the roof decking is removed or an additional layer of roof sheathing is added.

4. International Residential Code. A new subsection 105.2(11) shall be added to the International Residential Code, to read as follows:

11. Re-roofing in accordance with Section R907 of the International Residential Code, except where any portion of the roof decking is removed or an additional layer of roof sheathing is added.

B. Permit Application. Sections 105.3 of the International Building Code and International Residential Code, relating to the application for a building permit, are amended by the addition thereto of the following subsections to read as follows:

8. All applications shall comply with RCW 19.27.095(2) and Chelan Municipal Code Title 19, as they now exist or as they may hereafter be amended.

9. Include as much information as required to provide an accurate Environmental Assessment as may be required pursuant to Chelan Municipal Code Title 14 as it now exists and as it may hereafter be amended.

(Ord. 1533 § 6 (Exh. 8) (part), 2017: Ord. 1453 § 2, 2013: Ord. 1408 § 2, 2010: Ord. 1353 § 3, 2008: Ord. 1341 § 3, 2007: Ord. 1285 § 3, 2004: Ord. 1106 § 3, 1998: Ord. 1015 § 4, 1995: Ord. 883 § 5, 1989: Ord. 488 § 4, 1974).

15.04.045 Permit fees.

A. Permit Fees. All fees for the issuance of permits required by the building code shall be as established by the city council by resolution.

B. Refund of Fees. The building official may authorize the refunding of the following fees, upon written application filed by the original applicant not later than one hundred eighty days after the date the fee was paid:

1. One hundred percent of any permit fee erroneously paid or collected;

2. Up to eighty percent of the permit fee paid when no work has been done pursuant to a permit issued in accordance with the building code;

3. Up to eighty percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. (Ord. 1341 § 6, 2007: Ord. 1285 § 6, 2004).

15.04.050 Chapter compliance required.

It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. (Ord. 488 § 6, 1974).

15.04.055 Work without a permit – Investigation – Fee.

A. Investigation. Whenever any work for which a permit is required by the building code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

B. Investigation Fee. An investigation fee, in an amount equal to the permit fee(s) required under the building code, which shall be in addition to the permit fee(s) required under the building code, shall be collected whether or not a permit required by the building code is then or subsequently issued. The investigation fee is an additional fee, representing the additional time anticipated to be spent by the building official in the review and investigation of the work performed prior to the issuance of the permit. The investigative fee shall not be credited to any fee for a permit which may subsequently be issued by the city. Payment of the investigative fee does not constitute the vesting of any work for which a permit must be obtained, and does not establish any right to the issuance of permit under the building code for continued development of that project. If work performed without a permit is not permitted for ninety days after service of the stop work order, the work shall be deemed hazardous.

C. Payment. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (Ord. 1511 § 3, 2016; Ord. 1341 § 7, 2007: Ord. 1285 § 7, 2004).

15.04.057 Reinspection – Fee.

A. To obtain a reinspection, the applicant shall file an application therefor in writing on a form furnished for that purpose and pay the reinspection fee.

B. A reinspection fee shall be assessed for each inspection or reinspection when the building official is required to reinspect work when the work, or portion thereof, for which inspection is requested is not complete; when required corrections to deficient work are not made; when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official; provided, the reinspection fee shall not be imposed under circumstances where work is rejected for the first time for failure to comply with the requirements of the building code. (Ord. 1341 § 8, 2007: Ord. 1285 § 8, 2004).

15.04.060 Violations, penalties, enforcement.

Any violation of any of the provisions of this chapter, including the provisions of the codes, standards, and Washington Administrative Code adopted by reference in this chapter, or any violation of any detailed statement of specifications or plans submitted and approved under the authority of said codes, etc., or any violation of a certificate or permit issued under the authority of said codes, etc., and from which no appeal has been taken shall be enforced according to the uniform procedures set out in Chapter 2.80. (Ord. 1502 § 4 (Exh. J), 2015: Ord. 1341 § 4, 2007: Ord. 1285 § 4, 2004: Ord. 949 § 3, 1992: Ord. 488 § 7, 1974).

15.04.070 Hearing examiner as board of appeals.

The hearing examiner, as authorized and constituted by Chapter 2.15, shall hear and decide appeals from the decisions of the building official pursuant to the building codes, as they now exist or as the same may hereafter be amended, and any other code adopted by the city which may require the establishment of a board of appeals. Such appeals shall be according to the uniform procedures set out in Chapter 2.80, including the right of administrative appeal to the city administrator. (Ord. 1502 § 4 (Exh. K), 2015: Ord. 1341 § 5, 2007: Ord. 1285 § 5, 2004: Ord. 1248 § 1, 2002: Ord. 1108 § 1, 1998; Ord. 1106 § 4, 1998: Ord. 1015 § 5, 1995; Ord. 883 § 6, 1989; Ord. 878 § 1, 1989).

15.04.090 Construction site/portable toilet facilities required.

A. All construction projects shall have a toilet facility on the job site for usage by all workers on the project site from the time the project begins until the project is completed.

B. This provision shall not apply to the following:

1. Construction sites where an existing operational toilet facility exists on the site or an operational toilet facility is completed within the structure being erected; and

2. Such toilet facilities are in compliance with Chapter 13.06 of the Chelan Municipal Code; and

3. Such toilet facilities are available for use by all of the workers.

C. All portable toilet facilities shall be maintained in a sanitary condition on a regular basis. (Ord. 1125 § 1, 1998).