Chapter 16.06
BUILDING CODE
Sections:
16.06.010 Adoption of the building code.
16.06.011 Section 101 – General.
16.06.012 Section 103 – Department of building safety.
16.06.013 Section 105 – Permits.
16.06.014 Section 105.3.2 – Time limitation of application.
16.06.015 Section 105.5 – Expiration.
16.06.016 Section 107 – Submittal documents.
16.06.017 Section 108 – Temporary structures and uses.
16.06.020 Section 109.4 – Work commencing before permit issuance.
16.06.021 Section 109.6 – Refunds.
16.06.022 Section 110 – Inspections.
16.06.023 Section 111 – Certificate of occupancy.
16.06.024 Section 111.2 – Certificate issued.
16.06.025 Enforcement procedures.
Prior legislation: Ords. 2401, 2457 and 2529.
16.06.010 Adoption of the building code.
The 2018 Edition of the International Building Code, published by the International Code Council, as adopted and amended by the State Building Code Council in Chapter 51-50 WAC, is adopted with amendments, deletions and additions thereto as provided in this chapter, Building Code. Chapter 1 and Appendices E, F, H, I and J are included in the adoption of the International Building Code. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.011 Section 101 – General.
Section 101 of Chapter 1 of the 2018 International Building Code is hereby amended to read:
101.4.4 Property maintenance. The provisions of the Uniform Housing Code, Chapters 10,11,14 and 15 shall apply to existing residential structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
(Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.012 Section 103 – Department of building safety.
Section 103 of Chapter 1 of the 2018 International Building Code is hereby amended to read:
103.1 Creation of enforcement agency. The Community Development Department, Building Inspection Division, is hereby created and the official in charge thereof shall be known as the building official.
(Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.013 Section 105 – Permits.
Section 105 of Chapter 1 of the 2018 International Building Code is hereby amended to read:
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions for this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar residential uses, and one-story detached agricultural buildings provided the usable area of either type structure does not exceed 120 square feet. Exemption from a building permit does not include electrical, plumbing or mechanical installation and does not authorize any work to be done in violation of laws or ordinances including but not limited to planning, zoning and setback requirements.
2. Fences not over 7 feet high.
3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
4. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.
5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
6. Prefabricated swimming pools accessory to a Group R-3 occupancy that do not exceed 5,000 gallons and are installed entirely above ground.
7. Swings and other playground equipment accessory to detached one- and two-family dwellings.
8. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Groups R-3 and U occupancies.
9. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4 of the International Residential Code.
(Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.014 Section 105.3.2 – Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension may be requested verbally or in writing and justifiable cause demonstrated. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.015 Section 105.5 – Expiration.
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, one extension of time, for periods not more than 180 days. Work shall be considered abandoned if an inspection has not been recorded and approved within 180 days. Before such work can be recommenced, a new permit shall be obtained. The fee shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made to the original plans and specifications and the suspension or abandonment has not exceeded one year. When plan review is not required by the building official the fee shall not include the plan review portion of the full permit fee. In order to renew a permit suspended or abandoned for more than one year, the permittee shall pay a new full permit fee unless the project has had an approved rough frame, rough electrical, rough mechanical and rough plumbing inspection. In this case the building official may, on a case-by-case basis, waive the requirement for plans and the renewal fees shall be 25 percent of the full permit fee. When plan review is not required by the building official the fee shall not include the plan review portion of the full permit fee. A notice of code violation may be recorded when a building permit is expired. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.016 Section 107 – Submittal documents.
Section 107 of Chapter 1 of the 2018 International Building Code is hereby amended to read:
107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “APPROVED, REVIEWED FOR CODE COMPLIANCE or ISSUED FOR CONSTRUCTION.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
(Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.017 Section 108 – Temporary structures and uses.
Section 108 of Chapter 1 of the 2018 International Building Code is hereby not adopted in the building code of the city of Enumclaw. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.018 Section 109 – Fees.
Section 109 of Chapter 1 of the 2018 International Building Code is hereby amended to read:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by resolution adopted by the City of Enumclaw City council.
109.3 Building permit valuations. The determination of value or valuation under any of the provisions of this code shall be made by the building official and shall be based on valuation data supplied periodically by the International Code Council or market value based on local assessment ratios or any other data as may be available to the building official for review. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent work or permanent equipment.
EXCEPTION: The building official shall determine the valuation when no applicable data is available.
(Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.020 Section 109.4 – Work commencing before permit issuance.
Any person who commences any work for which a permit is required before obtaining the necessary permits shall be subject to an investigation fee. The investigation fee shall be in addition and equal to the amount of the permit fee required by this code. The minimum investigation fee shall be equal to the amount of the permit fee excluding the plan check fee set forth by the city of Enumclaw city council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.021 Section 109.6 – Refunds.
The building official is authorized to establish a refund policy. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.022 Section 110 – Inspections.
Section 110 of Chapter 1 of the 2018 International Building Code is hereby amended to read:
110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place including all anchor bolts hold downs and related cast-ins. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. A re-inspection fee may be assessed for each inspection or re-inspection when the work for which the inspection is requested is not complete or when corrections noted on previous inspection are not made, approved plans are not made readily available, access not provided on the date of inspection requested or any deviation from the approved set of plans. No additional inspections of the work will be performed until the re-inspection fee has been paid in full.
(Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.023 Section 111 – Certificate of occupancy.
Section 111 of Chapter 1 of the 2018 International Building Code is hereby amended to read:
111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. For one- and two-family dwellings a building permit with an approved final inspection shall be considered the certificate of occupancy.
Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2, Group U occupancies or buildings which are accessory to one- and two family dwellings.
(Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.024 Section 111.2 – Certificate issued.
Prior to requesting a final inspection it shall be the duty of the holder of the building permit or their duly authorized agent to obtain approvals from all agencies identified on the certificate of occupancy routing form. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the community development department, building inspection division, the building official shall issue a certificate of occupancy. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).
16.06.025 Enforcement procedures.
It is the intent of this chapter to specify enforcement procedures for violations of Chapter 16.02 EMC, building regulations, plumbing regulations and mechanical regulations.
The building official shall follow the procedures outlined below in the investigation and enforcement of violations of this title:
A. Notice to Comply. When it is determined by the building official that a violation of this title exists, all known responsible persons shall be notified by registered or certified mail of the nature of the violation. The notice shall state that said responsible persons have seven working days in which to correct the violation. The building official may extend the seven-working-day period if he determines that reasonable progress is being made to correct the violation.
B. Notice to Appear Citation. The building official or his authorized agent shall issue a notice to appear citation to the responsible party in the following instances:
1. When the seven-working-day period noted in subsection A of this section has lapsed and the violation has not been corrected.
2. When the extension period noted in subsection A of this section has lapsed and the violation has not been corrected.
3. Immediately upon observing the responsible party committing a violation of this title. If, after the notice to appear citation is issued, the responsible party has complied with all applicable provisions of this title, the citation may be dismissed by the building official. The responsible party shall provide the proof of correction by the building official to the city clerk.
C. Infraction. The responsible person(s) shall be guilty of an infraction if the violation still exists after the seven-working-day period, or any extensions thereto, has lapsed, or immediately upon being observed in violation of any provision of this title. Each day, or portion thereof, the violation still exists shall be a new and separate offense. The first three violations of the same section of this chapter on the same property shall be considered infractions and shall be punished as follows:
1. For the first violation, a fine of $250.00, plus any additional penalties assessed by the court.
2. For the second violation, a fine of $500.00, plus any additional penalties assessed by the court.
3. For the third violation, a fine of $1,200, plus any additional penalties assessed by the court.
D. Misdemeanor. If the number of violations of the same section of this title on the same property exceeds three, the responsible person(s) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as follows:
1. By a fine of no less than $500.00; or
2. By imprisonment in the county jail for a term of not more than six months; or
3. By such fine and/or imprisonment as noted in subsections (D)(1) and (D)(2) of this section.
E. Action by District Attorney. Notwithstanding subsections A through C of this section, the district attorney may file a misdemeanor for any violation of this title and shall take other steps and apply to such court as may have jurisdiction to grant such relief.
F. Disposition of Fines and Fees. All fines and fees collected under the provisions of this title shall be paid into the city treasury to the credit of the community development department fund.
G. Notice of Code Violation.
1. Recording Notice. Whenever the building official or his authorized agent determines that a violation of the regulations specified in this title exists, the building official or his authorized agent may record a notice of code violation with the office of the county recorder. The owner(s) of record of the property on which the violation is situated and any other person responsible for the violation shall be notified of the recordation. Notice to the owner(s) shall be sent to the address shown on the most recent tax roll.
2. Releasing Notice. The building official or his authorized agent shall submit a release of notice of code violation to the county recorder when it is determined that noncomplying conditions have been corrected or removed. A fee, as set forth in the city of Enumclaw building code fee schedule, may be charged the property owner for submittal of a release of notice of code violation. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2587 § 1 (Exh. A), 2016).