Chapter 15.04
BUILDING CODE

Sections:

15.04.010    International Building Code (Chapter 51-50 WAC).

15.04.015    Specific IBC amendments.

15.04.020    Inspections and fees.

15.04.030    Building valuation costs.

15.04.040    Hearing examiner designated as board of appeals/adjustment.

15.04.050    International Residential Code (Chapter 51-51 WAC).

15.04.060    International Existing Building Code.

15.04.070    Repealed.

15.04.080    International Mechanical Code (Chapter 51-52 WAC).

15.04.090    Uniform Plumbing Code (Chapter 51-56 WAC).

15.04.100    International Fuel Gas Code (Chapter 51-52 WAC).

15.04.120    International Fire Code (Chapter 51-54A WAC).

15.04.140    Repealed.

15.04.150    2015 International Energy Conservation Code/Washington State Energy Code (Chapter 51-11 WAC).

15.04.160    Documents available for public inspection.

15.04.170    Penalties.

Legislative history: Ords. 7, 85-75, 85-77, 86-139, 87-154, 89-207, 92-278, 93-300, 95-360, 98-449, 2001-508 and 2003-576.

15.04.010 International Building Code (Chapter 51-50 WAC).

The International Building Code, 2015 Edition, as published by the International Code Council, together with Sections 101, 102 and 104 through 111 of Appendix J, together with all Washington State amendments as contained in Chapter 51-50 WAC, and together with the applicable references to the National Fire Protection Association (NFPA), current edition and as amended, is hereby adopted as modified by MCMC 15.04.015, 15.04.020, 15.04.030, and 15.04.040. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2006-633 § 2; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.015 Specific IBC amendments.

The following specific amendments are made to the IBC as adopted under MCMC 15.04.010:

A. Section 105.2 shall be modified to add the following items:

#14. Platforms not more than 30 inches above the grade and not over any basement or story below.

#15. Replacement of nonstructural siding on IRC structures except for veneer, stucco, or exterior finish and insulation systems (EFIS).

#16. In-kind window replacement for IRC structures where no alteration of structural members is required and which the window U values meet the prescriptive requirements within the Washington State Energy Code.

#17. Job shacks that are placed at a permitted job site during construction may be allowed on a temporary basis and shall be removed upon final approval of construction.

#18. In-kind reroofing of one and two family dwellings provided roof sheathing is not removed or replaced.

B. Replace Section 105.3.2, Time limitation of application, with the following:

1. Applications for which no permit is issued within 18 months following the date of application shall expire and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with state law at the city’s option.

2. Applications may be cancelled for inactivity if an applicant fails to respond to the department’s written request for revisions, corrections, actions or additional information within 90 days of the date of request. The building official may extend the response period, in writing, beyond 90 days for good cause shown.

C. Replace Section 105.5, Expiration, with the following:

1. Every permit issued shall expire two years from the date of issuance. The building official may approve a request for an extended expiration date, in writing, where a construction schedule is provided by the applicant.

2. Every permit that has been expired for one year or less may be renewed for a period of one year upon payment of an additional fee of 1/2 the original permit fee as long as no changes have been made to the originally approved plans. For permits that have been expired for longer than one year, a new permit must be obtained and new fees paid. No permit shall be renewed more than once.

(Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A))

15.04.020 Inspections and fees.

The following table is hereby adopted as the city’s schedule of fees where applicable, together with such fees and charges as may be imposed by Chapter 3.42 MCMC:

Total Valuation of Work

Fee

$1.00 to $500.00

$25.20

$501.00 to $2,000.00

$25.20 for the first $500.00 plus $3.15 for each additional $100.00, or fraction thereof, to and including $2,000.00

$2,001.00 to $25,000.00

$75.10 for the first $2,000.00 plus $15.25 for each additional $1,000.00, or fraction thereof, to and including $25,000.00

$25,001.00 to $50,000.00

$423.15 for the first $25,000.00 plus $11.05 for each additional $1,000.00, or fraction thereof, to and including $50,000.00

$50,001.00 to $100,000.00

$696.15 for the first $50,000.00 plus $7.35 for each additional $1,000.00, or fraction thereof, to and including $100,000.00

$100,001.00 to $500,000.00

$1,074.15 for the first $100,000.00 plus $6.30 for each additional $1,000.00, or fraction thereof, to and including $500,000.00

$501,000.00 to $1,000,000.00

$3,497.55 for the first $500,000.00 plus $5.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00

$1,000,001.00 and up

$6,065.85 for the first $1,000,000.00 plus $4.20 for each additional $1,000.00, or fraction thereof

(Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.030 Building valuation costs.

Permit fees shall be based on building valuation costs from the most current Building Valuation Data (BVD) as published by the International Code Council. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.040 Hearing examiner designated as board of appeals/adjustment.

A. The office of the Mill Creek hearing examiner is designated to hear and decide, and shall substitute for the former board of appeals/adjustment, for all matters arising under this chapter and the International Building Code, 2015 Edition.

B. Whenever the city manager, building official or his/her designee disapproves of an application or refuses to grant a permit applied for under the codes adopted by this chapter, or when it is claimed that the provisions of the International Fire Code do not apply or that the true intent and meaning of the International Fire Code has been misconstrued or wrongly interpreted, the applicant may appeal such decision to the hearing examiner in accordance with the requirements of Chapter 4.34 MCMC and MCMC Title 14. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.050 International Residential Code (Chapter 51-51 WAC).

The International Residential Code, 2015 Edition, as published by the International Code Council, together with all Washington State amendments as contained in Chapter 51-51 WAC, is hereby adopted as modified by MCMC 15.04.015, 15.04.020, 15.04.030, and 15.04.040, except that Sections P2501 through P3201 and E3401 through E4304 are not adopted. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.060 International Existing Building Code.

The International Existing Building Code, 2015 Edition, as published by the International Code Council is hereby adopted. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.070 International Property Maintenance Code.

Repealed by Ord. 2016-807. (Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.080 International Mechanical Code (Chapter 51-52 WAC).

The International Mechanical Code, 2015 Edition, as published by the International Code Conference, together with all Washington State amendments as contained in Chapter 51-52 WAC, is hereby adopted. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.090 Uniform Plumbing Code (Chapter 51-56 WAC).

The Uniform Plumbing Code, 2015 Edition, as published by the International Association of Plumbing and Mechanical Officials, together with all Washington State amendments as contained in Chapter 51-56 WAC, is hereby adopted, except that Chapter 12, Fuel Gas Piping, and Chapter 16, Gray Water Systems, are not adopted. The Uniform Plumbing Code Standards (Appendix I), 2015 Edition, together with all Washington State amendments contained in Chapter 51-57 WAC, is hereby adopted. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.100 International Fuel Gas Code (Chapter 51-52 WAC).

The International Fuel Gas Code, 2015 Edition, as published by the International Code Council, together with all Washington State amendments as contained in Chapter 51-52 WAC, is hereby adopted. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.120 International Fire Code (Chapter 51-54A WAC).

A. The International Fire Code, 2015 Edition, together with Appendices B, C, and D, and together with all Washington State amendments as contained in Chapter 51-54 WAC, is hereby adopted, except that International Fire Code Section 903.2.6 is hereby amended to include B occupancies.

B. The International Fire Code, 2015 Edition, is hereby amended to define certain terms used in the International Fire Code as follows:

1. “Municipality” or “jurisdiction” shall mean the city of Mill Creek.

2. “Fire chief” or “administrator” shall mean the city manager or his designee.

3. “Corporation counsel” shall mean the city attorney. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.140 Washington State Ventilation and Indoor Air Quality Code (Chapter 51-13 WAC).

Repealed by Ord. 2010-714. (Ord. 2007-664 § 1; Ord. 2006-633 § 2; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.150 2015 International Energy Conservation Code/Washington State Energy Code (Chapter 51-11 WAC).

The current edition of the Washington State Energy Code, contained in Chapter 51-11 WAC, is hereby adopted. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-716 § 1; Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2006-633 § 2; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.160 Documents available for public inspection.

The codes, appendices, and standards adopted in this chapter shall be filed with the city clerk for use and examination by the public pursuant to RCW 35A.12.140 and other applicable law. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)

15.04.170 Penalties.

A. 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 shall violate or fail to comply with any order made hereunder, or who shall build in violation of any statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder, and from which no appeal has been taken, or who shall fail 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 herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than $5,000 or by imprisonment for not more than one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or allow it to continue. Each day that a prohibited condition, violation or noncompliance is maintained shall constitute a separate offense subject to a separate fine and penalty.

B. At the discretion of the building official, a penalty arising under subsection A of this section may be treated and enforced as a civil penalty under Chapter 14.13 MCMC.

C. The application of any monetary penalty shall not prevent an order or injunction for removal of any prohibited condition(s) or cessation of any violation(s) or noncompliance. All persons may be required to, and shall upon such notice, timely correct or remedy violations, defects or noncompliance with this chapter. (Ord. 2016-807 § 1 (Exh. A); Ord. 2013-760 § 1 (Exh. A); Ord. 2010-714 § 1 (Exh. A); Ord. 2007-664 § 1; Ord. 2005-609 § 2; Ord. 2004-588 § 1)