Chapter 14.80
BUILDING AND CONSTRUCTION

Sections:

Part I.    Washington State Building Codes Adopted

14.80.010    Washington State Building Codes Adopted

Part II.    Building Official

14.80.020    Building Official

Part III.    Building Code

14.80.030    Building Permits

14.80.040    Fees

14.80.050    Building Sewer Permits

14.80.060    Construction and Use

14.80.070    Repealed

14.80.080    Repealed

14.80.090    Signs

14.80.100    Repairs and Maintenance

14.80.110    Certificate of Occupancy

14.80.120    Inspection of Improvements

14.80.150    Repealed

14.80.160    Repealed

14.80.170    Repealed

14.80.180    Repealed

Part I.    Washington State Building Codes Adopted

14.80.010 Washington State Building Codes Adopted.

The below-listed model codes, as approved, adopted and amended by the State Building Code Council (SBCC), are hereby adopted by this reference with an effective date as mandated by the State. These codes shall apply to all new construction, remodeling, or repairs. Copies of the codes are on file in the office of the Building Official.

(a)    The 2018 Edition of the International Building Code (IBC), including Appendix E, and the adoption of ICC/ANSI A117.1-2009, Requirements for Accessible and Useable Buildings and Facilities, as adopted and amended by the State Building Code Council in Chapter 51-50 WAC, as published by the International Code Council, with the following amendments and additions. The 2018 International Existing Building Code (IEBC) is included in the adoption of the International Building Code as provided by IBC Section 101.4.7 and amended in WAC 51-50-480000.

(1)    IBC Section 502.1 Amended – General Building Heights and Areas, General, Address Identification. Section 502.1 of the International Building Code is hereby amended to read as follows:

In addition to the requirements of IBC 502.1, address identification shall comply with Section 14.84.190 of the Lake Stevens Municipal Code.

Exception. Group R-3 occupancies, town-homes, and one- and two-family dwellings.

(2)    IBC Section 903 Addition. In addition to the requirements of IBC Section 903, automatic sprinkler systems shall comply with Section 14.84.150 of the Lake Stevens Municipal Code.

(b)    The 2018 Edition of the International Residential Code as published by the International Code Council 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. The following additions are included in adoption of the International Residential Code:

(1)    IRC Table R301.2(1) Amended. International Residential Code Table R301.2(1) is hereby amended to read as follows:

Table R301.2(1) Climatic and Geographic Design Criteria

Ground Snow Load°

Wind Design

Seismic Design Categoryf

Subject to Damage From

Outdoor Design Tempe (F) Heat/

Cool

Ice Barrier Underlay-ment Requiredh

Flood Hazardsg

Air Freezing Indexi

Mean Annual Tempj

Speedd

(mph)

Topographic effectsk

Special wind regionl

Wind-borne debris zonem

Weatheringa

Frost line depthb

Termitec

25

110

No

No

No

D2

Moderate

12"

Slight to moderate

23/79

No

Per LSMC

175

50.5

Manual J Design Criterian

Elevation

Latitude

Winter heating

Summer cooling

Altitude correction factor

Indoor design temperature

Design temperature cooling

Heating temperature difference

217

47°00'

54"

72° F max

75° F min

0.99

72° F

75° F

56° F

Cooling temperature difference

Wind velocity heating

Wind velocity cooling

Coincident wet bulb

Daily range

Winter humidity

Summer humidity

 

8° F

N.A.

N.A.

66

Medium

75%

68%

 

For SI: 1 pound per square foot = 0.0479 kN/m2, 1 mile = 1.609 km/h.

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 (i.e., “negligible,” “moderate” or “severe”) for concrete as determined from the Weathering Probability Map [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 City shall fill in the frost line depth column with the minimum depth of footing below finish grade.

c.    The City 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 City shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(5)A]. Wind exposure category shall be determined on site-specific basis in accordance with Section R301.2.1.4.

e.    The outdoor design temperature shall be selected from the Washington State Energy Code, Appendix C. Deviations from the Appendix C temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.

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

g.    The City shall fill in this part of the table with (1) the date of the City’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (2) the date(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be amended.

h.    In accordance with Sections R905.2.7.1, 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 City shall fill in this part of the table with “YES.” Otherwise, the city shall fill in this part of the table with “NO.”

i.    The City 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° Fahrenheit)” at http://www.ncdc.noaa.gov/oa/fpsf/AFI-pubreturn.pdf.

j.    The City 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° Fahrenheit)” at http://www.ncdc.noaa.gov/oa/fpsf/AFI-pubreturn.pdf.

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

l.    In accordance with Figure R301.2(4)A, where there is no 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.

n.    The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.

o.    The jurisdiction shall fill in this section of the table using the ground snow load in Figure R301.1(6).

(c)    2018 Edition of the Uniform Plumbing Code, including Appendices A, B and I, published by the International Association of Plumbing and Mechanical Officials, with additions, deletions and exceptions noted in Chapter 51-56 WAC; provided, that Chapters 12 and 15 of this code are not adopted; provided further, that those requirements relating to venting and combustion air of fuel-fired appliances as found in Chapter 5 and portions of the code addressing building sewers are not adopted (WAC 51-56-003).

(d)    2018 Edition of the International Mechanical Code published by the International Code Council, including 2018 International Fuel Gas Code, 2017 National Fire Protection Association (NFPA) 58 (Liquefied Petroleum Gas Code) and 2018 NFPA 54 (National Fuel Gas Code) with exceptions noted in WAC 51-52-003.

(e)    2018 International Energy Conservation Code of the State of Washington regulated by Chapters 51-11C and 51-11R WAC.

(f)    The 2018 Edition of the International Property Maintenance Code (IPMC), including Sections 107.4 and 107.6 (IPMC) as published by the International Code Council, is adopted by reference with the following deletions, exceptions, and amendments. Provided, Sections 103.5, 106, 111, and 112 are not adopted. References in the IPMC to other codes not adopted by LSMC 14.80.010 shall be deemed to refer to the most closely corresponding adopted codes and sections.

(1)    IPMC Section 102.3 is hereby amended as follows:

Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, Washington State Energy Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, Uniform Plumbing Code, and NFPA 70. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the International Zoning Code.

(2)    IPMC Section 103.5 Fees. This section is not adopted. Fees for civil code violations shall be assessed per Section 17.20.040(b) or resolution set by City Council.

(3)    IPMC Section 106 Violations. This section is not adopted. Violations and penalties shall be as set forth in Chapter 17.20.

(4)    IPMC Section 107 Notices and Orders. This section shall only retain the provisions of Section 107.4, Unauthorized Tampering, and Section 107.6, Transfer of Ownership. Any other sections of 107 are not adopted. Violations and penalties shall be as set forth in Chapter 17.20.

(5)    IPMC Section 111 Means of Appeal. This section is not adopted. Appeals shall be per Chapter 17.20.

(6)    IPMC Section 112 Stop Work Orders. This section is not adopted. Stop work orders shall be per Section 17.20.040.

(g)    The 2018 International Swimming Pool and Spa Code (ISPSC) is included in the adoption of the International Building Code as provided by IBC Section 3109.1 and amended in WAC 51-50-3109, and as provided by IRC Section R328 and amended in WAC 51-51-0328. (Ord. 1109, Sec. 2 (Exh. 1), 2021; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008; Ord. 746, Sec. 7, 2007)

Part II.    Building Official

14.80.020 Building Official.

It shall be the duty of the Building Official to administer and enforce the code. If the Building Official shall find that any of the provisions of this code are being violated, the person responsible for such violations shall be notified in writing indicating the nature of the violation and ordering the action necessary to correct it. The Building Official shall order discontinuance of illegal use of buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this code to ensure compliance with or to prevent violations of its provisions. (Ord. 1109, Sec. 2 (Exh. 1), 2021; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008)

Part III.    Building Code

14.80.030 Building Permits.

(a)    No building or other structure shall be constructed, enlarged, altered, moved, demolished or change occupancy without a permit issued by the Building Official. No building permit shall be issued except in conformity with the provisions of this code.

(b)    All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of existing buildings on the lot, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Building Official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of 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 code. One copy of the plans shall be returned to the applicant by the Building Official after marking such copy approved or disapproved and attesting to same by having signed such copy. The second copy of the plans shall be retained by the Building Official for 180 days.

(c)    If work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire. It may be cancelled by the Building Official, and written notice shall be given to the applicant.

(d)    The applicant may request in writing an extension of the building permit from the Building Official. The Building Official may approve one or more 180-day extensions if justifiable cause is demonstrated pursuant to IBC Chapter 1, Section 105.

(e)    In place of the Board of Appeals per the IBC, appeals of orders, decisions or determinations made by the Building Official have an administrative appeal to the Hearing Examiner as set forth in the following procedures:

(1)    Appellant. The project applicant may appeal the decision.

(2)    Form of Appeal. The applicant appealing a building permit decision must submit a completed appeal form which sets forth:

(i)    A claim that the true intent of the building and construction code or the rules legally adopted thereunder have been incorrectly interpreted;

(ii)    The provisions of the building and construction code do not fully apply; or

(iii)    An equally good or better form of construction is proposed.

(3)    Time to Appeal. The written appeal and the appeal fee, if any, must be received by the Department of Planning and Community Development no later than 4:00 p.m. on the fourteenth day following the date of the notice of decision.

(4)    Notice of Appeal. If a building permit decision is appealed, a hearing before the Hearing Examiner shall be set and notice of the hearing shall be mailed or emailed to the appellant/applicant by the Building Official. Notice shall be mailed or emailed no less than 10 days prior to the appeal hearing.

(i)    Public Hearing. The Hearing Examiner shall conduct an open record hearing on a building permit decision appeal. The appellant/applicant and the City shall be designated parties to the appeal. Each party may participate in the appeal hearing by presenting testimony or calling witnesses to present testimony.

(ii)    Decision on Appeal.

a.    Within 14 days after the close of the record for the appeal of orders, decisions or determinations made by the Building Official, the Hearing Examiner shall issue a written decision to grant, grant with modifications, or deny the appeal. The Hearing Examiner may grant the appeal or grant the appeal with modification if:

1.    The appellant/applicant has carried the burden of proof for meeting subsection (e)(2) of this section; and

2.    The Examiner finds that the building permit decision is not supported by a preponderance of the evidence.

b.    The Hearing Examiner shall accord substantial weight to the decision of the Building Official.

(5)    Time Period to Complete Appeal Process. In all cases, except where the parties to an appeal have agreed to an extended time period, the administrative appeal process generally shall be completed within 90 days from the date the original administrative appeal period closed. The administrative appeal process shall be deemed complete on the date of issuance of the Hearing Examiner’s decision.

(6)    Appeal of Hearing Examiner Decision. An appeal from the Hearing Examiner’s decision shall be brought before the Superior Court of Snohomish County in accordance with the Land Use Petition Act, Chapter 36.70C RCW, as amended. (Ord. 1109 Sec. 2 (Exh. 1), 2021; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 903, Sec. 50, 2013; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008; Ord. 746, Sec. 8, 2007)

14.80.040 Fees.

The City shall collect fees for all services rendered and activities performed in reviewing and issuing building permits. Said fees shall be set by resolution. (Ord. 1109, Sec. 2 (Exh. 1), 2021; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008)

14.80.050 Building Sewer Permits.

No building permits for primary use structures shall be issued without the applicant having first secured a sewage disposal permit per Chapter 14.60 (Utilities). (Ord. 1109, Sec. 2 (Exh. 1), 2021; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008)

14.80.060 Construction and Use.

Building permits issued on the basis of plans and applications approved by the Building Official authorize only the construction set forth in such approved plans and applications and no other construction. Nor does the issuance of building plans authorize use or arrangement of structures or property. Authorization of use of property or arrangement of structures is authorized by the issuance of required land use approvals pursuant to Section 14.16A.215 (Land Use Permits Required). Construction different than that authorized shall be deemed a violation of this code and punishable as provided by Chapter 14.28 (Enforcement and Review). (Ord. 1109, Sec. 2 (Exh. 1), 2021; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 811, Sec. 70, 2010; Ord. 778, Sec. 2, 2008)

14.80.070 Accessory Buildings.

Repealed by Ord. 1109. (Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010;Ord. 778, Sec. 2, 2008)

14.80.080 Docks and Over-Water Structures.

Repealed by Ord. 1109. (Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008)

14.80.090 Signs.

Building permits shall be required for sign installations and shall comply with the regulations of Chapter 14.68 (Signs). (Ord. 1109, Sec. 2 (Exh. 1), 2021; Ord. 1063, Sec. 2 (Exh. B), 2019; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008. Formerly 14.80.110)

14.80.100 Repairs and Maintenance.

Nothing in this code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting public safety, upon order of such official, nor to prevent the improvement of a single-family house without expanding its exterior dimensions. (Ord. 1109, Sec. 2 (Exh. 1), 2021; Ord. 1063, Sec. 2 (Exh. B), 2019; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008. Formerly 14.80.120)

14.80.110 Certificate of Occupancy.

No building or structure shall be used or occupied until the Building Official has issued a certificate of occupancy except for accessory structures. Prior to the issuance of a certificate of occupancy all completed projects shall be accepted by the Planning and Public Works Departments. No certificate of occupancy may be issued for any dwelling units in a subdivision until all improvements required by a permit or this title have been completed, even where a completion security has been posted. (Ord. 1109, Sec. 2 (Exh. 1), 2021; Ord. 1063, Sec. 2 (Exh. B), 2019; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008; Ord. 746, Sec. 13, 2007. Formerly 14.80.130)

14.80.120 Inspection of Improvements.

Prior to signing off the final inspection, the Building Official shall inspect all improvements on or adjacent to the site installed as a requirement of this title or as a condition of a permit. Any improvements found to be damaged by the builder shall be repaired prior to receiving final inspection sign-off. (Ord. 1109, Sec. 2 (Exh. 1), 2021; Ord. 1063, Sec. 2 (Exh. B), 2019; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 778, Sec. 2, 2008. Formerly 14.80.140)

14.80.150 Fire-Extinguishing Systems.

Repealed by Ord. 778.

14.80.160 Automatic Fire-Extinguishing Systems Required.

Repealed by Ord. 778.

14.80.170 Installation.

Repealed by Ord. 778.

14.80.180 Sprinkler System Monitoring and Alarms.

Repealed by Ord. 778. (Ord. 694, Sec. 1, 2004; Ord. 657, Sec. 2, 2001; Ord. 501, 1995; Ord. 468, 1995)