Chapter 15.04
BUILDING CODE*

Sections:

15.04.010    Short title.

15.04.020    Administration of building code.

15.04.030    Purpose and intent of adoption.

15.04.040    Codes adopted.

15.04.050    Copy of codes to be on file.

15.04.060    Right-of-way improvements required for permit issuance.

15.04.070    Fees.

15.04.080    International Building Code amendments.

15.04.090    International Residential Code amendments.

15.04.110    International Mechanical Code amendments.

15.04.130    Uniform Plumbing Code amendments.

15.04.170    Violations and penalties.

*    Prior ordinance history: Ords. 343, 389, 391, 397, 408, 475, 497, 502, 537, 653, 664, 707, 761, 774 and 829.

15.04.010 Short title.

This chapter shall be known as the Mukilteo city building code, hereinafter referred to as “this code.” (Ord. 839 § 1 (part), 1995)

15.04.020 Administration of building code.

The mayor shall appoint a building official and such other personnel as are necessary to perform the duties required of the building department by this chapter and the codes of technical regulations adopted in this chapter by reference. The building official and said other personnel shall be part of the community development department under the direction and management of the planning and community development director. (Ord. 1336 § 1, 2013: Ord. 1164 § 9, 2007: Ord. 839 § 1 (part), 1995)

15.04.030 Purpose and intent of adoption.

It is the intent of the city of Mukilteo in adopting this chapter to comply with the requirements of the State Building Code Act, Chapter 19.27 RCW, the State Energy-Related Building Standards Act, Chapter 19.27A RCW, and the Washington State Energy Code, which mandate that the city adopt and enforce these codes. The city does not intend, by this adoption, to alter or amend the minimum standards set forth in the codes, or to do anything beyond what is necessary to comply with the law and make these codes enforceable in the city. The city expressly disclaims any liability for the content or effect of any regulation which the state legislature has mandated that the city adopt and enforce within its limits. (Ord. 1254 § 1, 2010: Ord. 839 § 1 (part), 1995)

15.04.040 Codes adopted.

A.    Pursuant to RCW 19.27.031 and 35A.12.140, the following codes of technical regulations, as amended by the State Building Code Council, are adopted by this reference, as if fully set forth, subject to the modifications or amendments set forth in this chapter:

1.    The 2015 Edition of the International Building Code and Standards, as published by the International Code Council (ICC), together with the state amendments set forth in Chapter 51-50 WAC;

2.    The 2015 Edition of the International Residential Code and Standards, as published by the ICC, together with state amendments set forth in Chapter 51-51 WAC;

3.    The 2015 Edition of the International Mechanical Code and Standards, as published by the ICC, except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Gas Fuel Code), together with the state amendments as set forth in Chapter 51-52 WAC;

4.    The 2015 Edition of the Uniform Plumbing Code and Standards, as published by the International Association of Plumbing and Mechanical Officials, together with the state amendments set forth in Chapters 51-56 WAC;

5.    The 2015 Edition of the International Energy Conservation Code/Washington State Energy Code, as set forth in Chapters 51-11C and 51-11R WAC; and

6.    The most recently adopted Washington State Energy-Related Building Standards, Chapter 19.27A RCW.

B.    In the case of a conflict between the codes adopted by subsection A of this section, the more stringent (greater protection) code adopted shall govern. (Ord. 1391 § 1, 2016: Ord. 1336 § 2, 2013: Ord. 1254 § 2, 2010; Ord. 1173 § 1, 2007; Ord. 1106 § 1, 2004; Ord. 950 § 1, 1998; Ord. 839 § 1 (part), 1995)

15.04.050 Copy of codes to be on file.

Pursuant to RCW 35A.12.140, at least one copy of each and every code of technical regulations adopted in Section 15.04.040, shall be filed and maintained by the city clerk for use and examination by the public. (Ord. 839 § 1 (part), 1995)

15.04.060 Right-of-way improvements required for permit issuance.

A.    Purpose. The purpose of this section is to require private capital to bear the burden of private property development and to mitigate the specific, clearly identifiable, adverse impacts arising directly as a result of such development.

B.    Scope.

1.    Single-Family Residential Development. Street improvements shall only be required when new single-family residential units are constructed in accordance with the city’s most recently adopted development standards. Single-family residential remodels, alterations, additions, expansions; or the addition of extended family dwelling units approved through the conditional use permit process, regardless of size, shall not be required to construct any street improvements.

2.    Nonconforming Uses and Buildings. Street improvements shall be required whenever a nonconforming use or building is expanded beyond the original footprint of the building, with the exception of nonconforming single-family residential structures in single-family residential zones.

3.    Commercial, Industrial and Multifamily Development. Street improvements shall be required of all new construction, additions to, or remodels (except for interior tenant improvements) of any commercial, industrial, or multifamily residential structures in accordance with the city’s most recently adopted development standards.

C.    Right-of-Way Improvements. No building permit shall be issued by the building official until or unless standardization of: (1) the rights-of-way upon which the applicant’s property abuts, and/or (2) the public rights-of-way from which the applicant’s property obtains access by means of a private road, has been demonstrated or provided for as follows:

1.    Improvements demonstrated or provided for shall include, but are not necessarily to be limited to, paving of streets, curbing, gutters, sidewalks and installation of storm drainage;

2.    Improvements demonstrated or to be provided for shall meet the city’s then-current minimum design standards for public and private roads as set forth in applicable ordinances and resolutions; and

3.    Improvements to be provided for shall apply to:

a.    The primary public access road, if substandard, and

b.    May also, if necessary in order to mitigate specific, clearly identifiable, adverse impacts arising directly as a result of the proposal, apply to either:

i.    The city’s choice of one secondary public access road, if one or more substandard secondary public access roads exist, or

ii.    Any private access road, if substandard.

D.    Options for Provision of Improvements.

1.    Primary Frontage. When, in the opinion of the executive branch administering official, circumstances such as traffic safety, pending projects, existing LID covenants, or other unusual circumstances make actual construction of right-of-way improvements on the primary frontage not in the best interests of orderly development, the city shall have the option to require building permit applicants to: (a) provide a payment in lieu of improvement, or (b) execute an LID covenant.

2.    Secondary Frontage. In cases where the primary frontage meets current city street design standards, but a secondary frontage is substandard and merits improvement in order to mitigate impacts to it, building permit applicants shall have the option of: (a) actually constructing improvements, (b) making a payment in lieu of construction, or (c) executing an LID covenant.

E.    Posting of a Performance Bond or Acceptable Surety. Building permit applicants who opt to construct street improvements, but who have not completed such improvements by the time the final inspection or certification of occupancy could otherwise be given or issued, may be allowed to submit a performance bond or other acceptable surety approved by the city engineer and city attorney. The amount of the bond or surety shall be based upon one hundred twenty percent of the total cost for design, construction and inspection of the street project, which costs shall be estimated by the city engineer. Applicants shall have one year from posting of the bond or surety to complete the improvements. Thereafter, the city may avail itself of the proceeds of the bond or surety in order to complete the improvements.

F.    Reimbursement for Oversizing—Engineering Costs—Recovery Contracts.

1.    Oversizing. If an applicant is required to install a storm drainage improvement with a diameter in excess of twelve inches, and if the purpose for such oversizing is to provide for future needs and not merely to meet the needs of the property responsible for constructing the improvement, the city shall reimburse the property owner for the difference in material costs incurred solely by reason of the oversizing requirement. No such reimbursement shall be made, except upon:

a.    Full compliance with this section;

b.    Certification of the oversizing costs, with such verification from the material supplier and contractor as the city engineer may require;

c.    Approval of the oversizing costs by the city council.

2.    Engineering Costs. Applicants for building permits who opt, with city consent, to actually construct street improvements, shall pay for all engineering, surveying and inspection costs incurred by the city in order to ensure that the improvements will logically connect with past and future improvements.

3.    Recovery Contracts. If, within sixty days after acceptance of improvements by the city engineer, the applicant presents a recovery contract acceptable to the city, the city may enter into the contract for recovery of a pro rata share of the cost of engineering from other parties that will later derive a benefit from using the engineering. No such contract shall extend for a period in excess of fifteen years, and preference shall be given to contracts of five and ten years’ duration. The city council shall approve or disapprove such recovery contracts on a case-by-case basis.

4.    Collection Procedure. Upon the city’s entry into a recovery contract, the contract shall be recorded in the county auditor’s office. Thereafter, the city shall collect for the applicant a prorated portion of the engineering costs, based upon the applicant’s frontage as a percentage of the total frontage engineered, from any latecoming property owner who benefits from the engineering. Such collection shall be paid to the original applicant who paid for the engineering costs, his personal representative or assigns, within thirty days after each collection. The city shall deduct five percent from each payment made by latecoming property owners in order to cover the city’s costs of administering the recovery contract and collecting the payments. The five percent charge shall be payable to the street improvement funds. Unless otherwise provided in the contract itself, the administrative charge shall be deducted from the amount paid by latecoming property owners and deposited to the city street fund prior to disbursement of the remaining balance to the contract applicant or his successors. If the recovery contract so provides, latecomer charges at the same rate may continue to be collected for the benefit of the city’s street fund from all latecoming property owners using the engineering after termination of the contract period.

5.    Enforcement of Collections. The city shall not have the right to waive any collections required by a recovery contract and shall exercise reasonable diligence to assure that payment of fair shares is not evaded; provided, however, that if the city neglects, for whatever reason, to collect any fair share, the city shall not be liable to the contract applicant. The sole and exclusive remedy shall be for the contract applicant to sue in the city’s name to collect such fair share. (Ord. 1042 § 1, 2001; Ord. 839 § 1 (part), 1995)

15.04.070 Fees.

A.    Mobile Homes—Mobile Home Parks. A fee as established by city council pursuant to such periodic resolution as council from time to time updates and approves is required for the installation of each mobile home installed in a mobile home park. Additional fees shall be charged for the value of any foundation or construction work as set forth in the fee schedule of the current uniform construction codes adopted by this city.

B.    Temporary Structures. Permit fees and renewal fees as established by city council pursuant to such periodic resolution as council from time to time updates and approves are required for temporary office structures (structures without foundations and/or sanitary facilities) or mobile homes, commercial coaches, prefabricated structures or buildings not exceeding four hundred square feet of floor area and not more than one story.

C.    Safety Inspections. On request of an owner or authorized agent, a safety inspection of any building will be conducted to determine compliance with minimum requirements of this code. A fee for this inspection by structural type shall be established by city council pursuant to such periodic resolution as council from time to time updates and approves.

D.    Swimming Pools—Permanent. A fee as established by resolution of the city council pursuant to such periodic resolution as council from time to time updates and approves is required for the installation of permanent swimming pools which includes the plan checking fee but excludes the applicable plumbing and mechanical permits and fees as required.

E.    Relocated Buildings. In addition to the construction permit fees, the application for relocation permit shall be accompanied by a fee established by city council pursuant to such periodic resolution as council from time to time updates and approves to cover the cost of the building official’s premove investigation of the building or structure to be relocated. Any inspections conducted outside of the city limits require an additional fee as established by city council pursuant to such periodic resolution as council from time to time updates and approves for mileage from the city limits. (Ord. 1127 § 5, 2005; Ord. 839 § 1 (part), 1995)

15.04.080 International Building Code amendments.

The following sections or subsections of the 2015 International Building Code are hereby amended as provided below:

101.4.3 Plumbing. The word “Uniform” is substituted for the word “International” in the first sentence. The last sentence is deleted in its entirety.

101.4.6 Energy. The words “Washington State Energy Code” are substituted for “International Energy Conservation Code.”

113 Board of Appeals. All language in Section 113 is hereby deleted and the following is substituted: “Refer to Chapter 2.80 of the Mukilteo Municipal Code.”

(Ord. 1391 § 2, 2016: Ord. 1336 § 3, 2013: Ord. 1254 § 3 (part), 2010; Ord. 1173 § 2 (part), 2007; Ord. 1106 § 2 (part), 2004: Ord. 950 § 2, 1998: Ord. 839 § 1 (part), 1995)

15.04.090 International Residential Code amendments.

R105.2 Work exempt from permit. In Exemption 1, “200” is changed to “120.” Exemptions 2, 4, and 10 are deleted in their entirety.

R110 Certificate of Occupancy. Section R110 is deleted in its entirety.

R112 Board of Appeals. All language in Section R112 is hereby deleted and the following is substituted: “Refer to Chapter 2.80 of the Mukilteo Municipal Code.”

(Ord. 1391 § 3, 2016: Ord. 1336 § 4, 2013: Ord. 1254 § 3 (part), 2010; Ord. 1173 § 2 (part), 2007; Ord. 1106 § 2 (part), 2004: Ord. 950 § 3, 1998: Ord. 839 § 1 (part), 1995)

15.04.110 International Mechanical Code amendments.

The following sections or subsections of the 2015 International Mechanical Code are hereby amended as provided below:

106.5.2 Fees. The words “indicated in the following fee schedule” and the fee schedule following thereafter are hereby deleted and the words “as adopted by resolution” are hereby substituted.

106.5.3 Fee Refunds. In subsections 2 and 3, the words “SPECIFY PERCENTAGE” are deleted and “80%” is substituted.

109 Appeals. All language in Section 109 is hereby deleted and the following is substituted: “Refer to Chapter 2.80 of the Mukilteo Municipal Code.”

(Ord. 1391 § 4, 2016: Ord. 1336 § 5 (part), 2013: Ord. 1254 § 3 (part), 2010; Ord. 1173 § 2 (part), 2007; Ord. 1106 § 2 (part), 2004: Ord. 950 § 4, 1998: Ord. 839 § 1 (part), 1995)

15.04.130 Uniform Plumbing Code amendments.

The following sections or subsections of the 2015 Uniform Plumbing Code are hereby amended as provided below:

Table 104.5 Fees. Table 104.5 is deleted.

104.5 Fees. The words “Table 104.5” are hereby deleted and replaced with “as adopted by resolution.”

104.3.2 Plan Review Fees. The words “at the rate shown in Table 104.5” in the fourth paragraph are deleted and replaced with “as adopted by resolution.”

104.5.3 Fee Refunds. The words “a percentage” in 104.5.3 number 2 are hereby deleted and replaced with “80%.”

(Ord. 1391 § 5, 2016: Ord. 1336 § 5 (part), 2013: Ord. 1254 § 3 (part), 2010; Ord. 1173 § 2 (part), 2007; Ord. 1106 § 2 (part), 2004: Ord. 950 § 6, 1998: Ord. 839 § 1 (part), 1995)

15.04.170 Violations and penalties.

A    Violations of this chapter shall constitute a gross misdemeanor and be subject to the provisions contained in Mukilteo Municipal Code Chapter 1.32, General Penalties. In addition to the criminal penalties provided for in this section, the city may, in its discretion, commence a civil action to compel compliance with the provisions of this chapter, or any code adopted by this chapter, in any court of competent jurisdiction. In addition, any such violation or failure to comply shall constitute a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto.

B.    Notwithstanding any other provision of this chapter, or of any of the codes of technical regulations adopted herein, or of any other city ordinance, the city may immediately arrest violators and/or institute immediate criminal enforcement action against any person, firm or corporation violating any of the provisions or failing to comply with any of the requirements of this chapter, or any code of technical regulations adopted herein, or violating or failing to comply with any stop work order or other lawful order of the building official. (Ord. 1083 § 18, 2003: Ord. 911 § 1, 1997: Ord. 839 § 1 (part), 1995)