Chapter 15.04 INTERNATIONAL AND UNIFORM CODES

The City of Ferndale has established this chapter as a basis for adopting and implementing certain building and development codes necessary to review and permit development applications typically associated with building construction, alteration, and maintenance. This chapter shall also identify permitting procedures, including application and expiration, which may more fully be documented in administrative policies and procedures not contained within the Ferndale Municipal Code, available for review at the City Community Development Department. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)

15.04.020 International Building Code.

The 2018 International Building Code, including Appendix J (Grading), published by the International Code Council as amended by the state of Washington and published as Chapter 51-50 WAC, including any subsequent amendments or editions adopted by the state, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.010)

15.04.030 International Residential Code.

The 2018 International Residential Code, published by the International Code Council as amended by the state of Washington and published as Chapter 51-51 WAC, including any subsequent amendments or editions adopted by the state, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.020)

15.04.040 International Mechanical Code.

The 2018 International Mechanical Code, published by the International Code Council as amended by the state of Washington and published as Chapter 51-52 WAC, including any subsequent amendments or editions adopted by the state, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.030)

15.04.050 International Fire Code.

The 2018 International Fire Code, including Appendix B (Fire Flow Requirements for Buildings), published by the International Code Council as amended by the state of Washington and published as Chapter 51-54 WAC, including any subsequent amendments or editions adopted by the state, and subject to FMC 15.04.060, is hereby adopted by reference. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.040)

15.04.060 Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited.

The limits referred to in Section 3404.2.9.6.1 and 3406.2.4.4 of the International Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as those zones designated residential single-family, residential office, residential multifamily, city center and urban residential as designated by FMC Title 18, Zoning. These limits shall not apply to storage facilities for public use, nor to those utility, telecommunications, and other communications facilities for general public use that are privately owned, which the City Council has determined to be compatible with existing uses and located in a manner which will have no significant adverse effects on the environment or safety of properties in the vicinity. (Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.140)

15.04.065 Temporary housing for the homeless – Hosting by religious organizations authorized.

Pursuant to RCW 35A.21.360 and Chapter 19.27 RCW, religious institutions may temporarily house the homeless or near-homeless without full compliance with current building code requirements as long as conditions related to basic public health and safety are met.

A. Shelter provided to homeless and near-homeless shall occur within permanent structures. Exterior shelters including but not limited to tents or recreational vehicles are not expressly prohibited herein, but shall be reviewed through the applicable land use process.

B. An inspection shall occur in all religious facilities that expect to provide shelter for homeless and near-homeless individuals. Following City inspection of the facilities, the City shall provide a list of all required life-safety improvements. Once improvements are achieved, religious facilities may immediately commence providing temporary shelter for homeless and near-homeless individuals in accordance with RCW 35A.21.360. If, after the initial inspection, the City determines that no improvements are necessary, no further City review will be required.

C. The City reserves the right to identify other reasonable measures as necessary to protect the life, safety, and health of participants and neighboring properties while respecting the First Amendment rights of these institutions.

D. If the proposed use is deemed to be outside the scope of the current use and/or RCW 35A.21.360, a conditional use permit may be required.

E. If emergency housing of the homeless is provided by a church prior to a City inspection for safety and health, the church shall request an inspection by the City as soon as practical following the beginning of said housing.

F. An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for (a) damages arising from the permitting decisions for a temporary encampment for the homeless as provided in RCW 35A.21.360 and (b) any conduct or unlawful activity that may occur as a result of the temporary encampment for the homeless as provided in RCW 35A.21.360. (Ord. 2050 § 1, 2018)

15.04.070 Uniform Plumbing Code.

The 2018 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, as amended by the state of Washington and published as Chapters 51-56 and 51-57 WAC, including any subsequent amendments or editions adopted by the state, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.050)

15.04.080 International Fuel Gas Code.

The 2018 International Fuel Gas Code, published by the International Code Council, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013)

15.04.090 International Existing Building Code.

The 2018 International Existing Building Code, published by the International Code Council, is hereby adopted by reference. Permit fees shall be as contained in the City’s most current approved Fee Code. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.070)

15.04.096 International Property Maintenance Code.

The 2018 International Property Maintenance Code, published by the International Code Council, is hereby adopted by reference. Sections 107, 109, 111, 302, and 309 are not adopted. (Ord. 2162 § 1, 2021; Ord. 1805 § 1, 2013)

15.04.100 Uniform Code for the Abatement of Dangerous Buildings.

The 1997 Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, is hereby adopted by reference. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.080)

15.04.110 Washington State Energy Code.

The 2018 Washington State Energy Code, adopted by the Washington State Building Code Council and published as Chapters 51-11C and 51-11R WAC, including any subsequent amendments or editions thereto, is hereby adopted by reference. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.090)

15.04.120 Conflict among codes.

In case of conflict among the codes enumerated in FMC 15.04.020 through 15.04.110, the first named code shall govern over those following. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.150)

15.04.130 Copies of codes.

A copy of the International and Uniform Codes shall be available for inspection and review in the Community Development Department. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006)

15.04.140 Permits required.

It is unlawful to erect, move, add to or structurally alter a building or other structure, or install, modify, or remove elements of said structure, without a permit therefor, unless exempted by the provisions of the relevant codes adopted by this chapter. No permit shall be issued except in conformity with the provisions of this title.

A. Exemptions.

1. A permit is not required for the installation or replacement of solar panels at one- and two-family dwellings. (Ord. 2162 § 1, 2021; Ord. 2017 § 1, 2017; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)

15.04.145 Foundation-only permits.

Pursuant to International Building Code 107.3.3 (Phased Approval), the City may issue a building permit allowing construction of the foundation of a structure (footings and stem walls) only. In authorizing such an approval, the City may allow work associated with the foundation of a building to commence simultaneously with the installation of civil infrastructure, subject to the following requirements:

A. Pursuant to the International Building Code, issuance of a foundation-only permit shall be at the sole risk to the applicant and shall in no way guarantee subsequent approvals or vesting.

B. Foundation-only permits may be issued only on existing legal lots of record, and shall not be issued in anticipation of a subdivision or other approval that would increase allowable density.

C. Foundation-only permits must be consistent with approved site plans, or their equivalent, and will not be permitted on properties with pending land divisions.

D. The City will not conduct an inspection on any work beyond the foundation; any structural work not associated with the foundation shall be prohibited.

E. Pursuant to FMC 15.05.030, foundation-only permits shall be identified within phasing plans.

F. Foundation-only permits shall not be exempt from stormwater regulations. (Ord. 2024 § 1, 2017)

15.04.150 Permit procedures.

All applications for permits subject to review under this chapter shall be submitted to the Community Development Director acting as the Building Official, and all applications shall comply with the requirements of Chapter 14.07 FMC which include, but are not limited to:

A. The applications shall be accompanied by plans in duplicate, drawn to scale, and in accordance with the provisions of the latest edition of the International Building or Residential Code, or other adopted codes, as applicable.

B. The application shall show the actual dimensions and shape of the lot to be built on, the exact sizes and locations of the lot and buildings already existing, if any, and the location and dimensions of the proposed building or alteration.

C. The application shall include such other information as lawfully may be required, including but not limited to existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this title.

D. One copy of the plans shall be returned to the applicant by the Building Official after they shall have marked such copy either as approved or disapproved and attested to same by their signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Building Official during the construction phase and, upon approved final inspection, shall be retained per the Washington State Archives Local Government General Records Retention Schedule. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)

15.04.160 Permit fees.

Permit fees shall be as contained in the City’s most current approved Fee Schedule. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)

15.04.170 Basis of hourly charges.

Fees and costs are calculated on per-hour basis for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. Such fees and costs shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.100)

15.04.180 Adjustment of fee tables.

The fee tables contained in the City’s most current approved Fee Code may be revised at any time by official action of the City Council. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.110)

15.04.190 Board of Appeals.

The Board of Appeals shall consist of such membership and shall have such authority and follow such procedures as set forth in Chapter 2.25 FMC. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.120)

15.04.195 Inspections required.

Inspections shall be performed as identified by the code standards adopted by this chapter. Construction or work for which a permit is required shall be subject to inspection and shall remain accessible and exposed for inspection until approved. No work shall be conducted beyond that work which is to be inspected until approved by the inspector.

A. Inspection Exemptions.

1. The installation of solar panels at one- and two-family dwellings;

2. The installation of new furnaces, water heaters, air conditioners, and heat pumps in existing one- and two-family residences. Exemption from inspection shall only apply to existing one- and two-family dwellings regulated by the International Residential Code, when the work is performed by a licensed Washington State contractor who complies with the self-certification program requirements of the City of Ferndale described below.

a. All individuals or associated businesses participating in the self-certification program must hold a valid City of Ferndale business license;

b. All certifications must be completed by the individual directly responsible for completing the work to be certified;

c. Participation in the self-certification program does not exempt any work from City of Ferndale permit requirements;

d. All certifications must be on forms provided by the City of Ferndale and must include visual proof of the completed installation;

e. All certifications must be received by the City of Ferndale within five working days of completion of work;

f. The City of Ferndale reserves the right to perform random inspections or audits of permits at any time;

g. Failure to perform in accordance with this section will result in removal from the self-certification program. (Ord. 2017 § 1, 2017)

15.04.200 Reinspections.

A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card (or equivalent) is not posted or otherwise available on the work site, the approved plans are not readily available to the Official, for failure to provide access on the date for which inspection is requested, or for deviating from approved plans. To arrange for a reinspection, the applicant shall contact the City at least 24 hours in advance of the requested inspection date and time, and pay the reinspection fee. No additional inspection of the work will be performed until all required fees have been paid. The requirement of payment of a reinspection fee is not an election of remedies by the City and the City retains the City’s right to initiate enforcement proceedings for violations of this title.

This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012; Ord. 1643 § 1, 2011; Ord. 1397 § 2, 2006. Formerly 15.04.160)

15.04.210 Permits – Expiration.

It shall be the responsibility of the building permit holder to maintain the permit in active status. The City has no responsibility to remind, notify, track or otherwise affirmatively advise the permit holder of the status of any building permit.

A. Permit Expiration – Prior to Issuance.

1. Applications for which no permit is issued within 180 days following the date of City approval 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; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each if there are no changes in approved construction and/or applicable adopted code editions. The extension request shall be submitted in writing and justifiable cause demonstrated prior to the expiration date.

2. Applications may be canceled by the City for inactivity, if an applicant fails to respond to the Department’s request for revisions, corrections, actions or additional information within 180 days of the date of request. The Building Official may extend the response period beyond the 180 days; provided, that the applicant has requested an extension to the response time in writing prior to the conclusion of the 180-day period.

B. Permit Expiration – Following Issuance. The applicant shall have the sole responsibility to initiate requests for inspections, to demonstrate work activity, and to otherwise maintain the building permit in active status. Should an inspection be requested but not conducted, it shall be the responsibility of the applicant to reschedule the inspection and/or to report the failure to conduct an inspection to the Community Development Director.

1. A permit holder maintains the permit in active status by commencing the construction activity described in the building permit within 180 calendar days of the issuance thereof. A building permit is considered abandoned within the meaning of IRC/IBC 105.5 and automatically expires and becomes null and void if the work described in the building permit has not commenced within 180 calendar days from the date of issuance thereof.

2. A permit holder maintains the permit in active status by engaging in construction activity within 180 calendar days of issuance of the building permit and within 180 calendar days of each inspection thereafter. Construction activity is evidenced by the City conducting necessary inspections upon request of the applicant, the applicant providing documented work activity to the City, or progress inspections upon request of the applicant. If the work described in any building permit has commenced but necessary inspections have not been conducted, documented work activity has not been provided to the City, or progress inspections have not been completed for a period of 180 calendar days from the date of issuance of the permit and from the last prior inspection or verified activity/progress, the work under said permit is considered suspended or abandoned within the meaning of IRC/IBC 105.5 and said permit automatically expires, and becomes null and void.

3. Extension requests may be granted at the discretion and latitude of the Building Official; provided, that the extension request is made in writing within 180 days from the date of the last approved activity. The first extension shall not require a fee; however, second and additional requests shall be assessed a fee according to the current adopted Fee Code. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)

15.04.215 Conditions necessary for occupancy.

A. Initial occupancy of any structure shall only be allowed when the structure and the site on which it is built have met all conditions as required by relevant permits, unless granted an exemption pursuant to Chapter 19.25 FMC.

B. For existing buildings, particularly those that include residential dwelling units, the City may prohibit occupancy due to lack of approved public or private sanitation (connection to City sewer or operational on-site septic), approved public or private potable water connections, lack of electricity, lack of approved heating facilities, unhealthy or contaminated living or sleeping facilities, and/or lack of approved cooking facilities (collectively essential facilities), pursuant to but not limited to Chapters 108, 110, 111 of the International Property Maintenance Code adopted by reference to this chapter, and Chapter 3 of the Uniform Code for the Abatement of Dangerous Buildings adopted by reference to this chapter.

1. When the City determines that a dwelling unit lacks an essential facility described above, the City will seek to provide the applicant with the opportunity to address the issue within a reasonable timeframe prior to barring occupancy, unless it is determined that continued occupancy of the structure represents an imminent risk to health, life, or safety.

C. The City shall seek to address noncompliant structures on a case-by-case basis, and shall generally seek to identify solutions that favor the continued occupancy of a structure.

D. The temporary cessation of an essential facility due to weather, damage to City infrastructure, or an Act of God shall not automatically result in a prohibition of occupancy, unless repairs cannot be accomplished within the timeframe for compliance set forth in the notice of violation or unsafe to occupy. (Ord. 1920 § 1, 2015)

15.04.220 Permits – Extension and reinstatement.

A. Extension requests may be granted at the discretion and latitude of the Building Official; provided, that the extension request is made in writing within 180 days from the date of the last approved activity. The first extension shall not require a fee; however, second and additional requests shall be assessed a fee according to the current adopted Fee Code.

B. Every permit that has been expired may be reinstated at the discretion and latitude of the Building Official if the duration from the date of the last approved activity has not exceeded 12 months and no change has occurred in approved construction drawings at time of expiration and/or no change has occurred in applicable adopted code editions. Reinstatement requests shall be submitted in writing with justifiable cause demonstrated for such request. The fee for reinstatement upon approval shall be assessed according to the current adopted Fee Code. For permits that are not reinstated or have been expired for longer than 12 months, a new permit must be obtained and new fees paid. No permit shall be renewed more than once. (Ord. 2162 § 1, 2021; Ord. 1953 § 1, 2016; Ord. 1805 § 1, 2013; Ord. 1789 § 1, 2013; Ord. 1721 § 1, 2012)

15.04.230 Violation – Penalty.

Enforcement procedures and the penalties resulting from violations of this chapter shall be administered pursuant to Chapter 1.12 FMC. (Ord. 2162 § 1, 2021; Ord. 2070 § 1, 2018; Ord. 1953 § 1, 2016; Ord. 1819 § 15, 2013)