Subtitle X. Building and Construction Standards

Chapter 20.200
BUILDING CODE

Sections:

20.200.001    Purpose.

20.200.005    Administration.

20.200.008    Building codes adopted by reference.

20.200.010    Conflicts between codes.

20.200.012    Local amendments of International Building Code.

20.200.014    Local amendments of International Residential Code.

20.200.001 Purpose.

The purpose of the codes and regulations adopted in this subtitle is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Port Orchard. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual. (Ord. 019-17 § 18 (Exh. 1)).

20.200.005 Administration.

All permits issued pursuant to the codes adopted by reference in this chapter and Chapter 20.204 POMC shall follow a Type I permit process pursuant to Chapter 20.22 POMC. (Ord. 019-17 § 18 (Exh. 1)).

20.200.008 Building codes adopted by reference.

The city of Port Orchard hereby adopts the following codes by reference, which are incorporated herein; provided, that the amendments, deletions, and additions thereto as provided in this chapter shall govern over the published provisions of the respective adopted code:

(1) International Building Code. The 2018 Edition of the International Building Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-50 WAC.

(a) The following appendices of the International Building Code are specifically adopted in their entirety:

(i) Appendix B;

(ii) Appendix E: Supplementary Accessibility Requirements; and

(iii) Appendix F.

(b) Chapter 11 and other International Building Code requirements for barrier-free access, including ICC A117.1-2009 and Appendix E, are adopted pursuant to Chapters 19.27 and 70.92 RCW.

(2) International Residential Code. The 2018 Edition of the International Residential Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-51 WAC.

(a) The following appendices of the International Residential Code are specifically adopted in their entirety:

(i) Appendix H; and

(ii) Appendix M.

(b) The following chapters of the International Residential Code are specifically excluded in their entirety:

(i) Chapter 41: Appliance Installation;

(ii) Chapter 42: Swimming Pools.

(3) International Mechanical Code. The 2018 Edition of the International Mechanical Code, published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-52 WAC.

(a) The following appendix of the International Mechanical Code is specifically adopted in its entirety:

(i) Appendix A.

(4) International Fuel Gas Code. The 2018 Edition of the International Fuel Gas Code published by the International Code Council, Inc., as adopted by the Washington State Building Code Council in Chapter 51-52 WAC.

(5) International Fire Code. (See Chapter 20.204 POMC.)

(6) Uniform Plumbing Code. Except as provided in RCW 19.27.170, the 2018 Edition of the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials, as adopted by the Washington State Building Code Council in Chapters 51-56 and 51-57 WAC.

(7) The Washington State Energy Code. The 2018 International Energy Conservation Code/Washington State Energy Code for Commercial and Residential as amended and adopted in Chapter 51-11 WAC.

(8) The 2018 International Existing Building Code.

(9) Uniform Code for Abatement of Dangerous Buildings. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings together with the appendices, as published by the International Conference of Building Officials, is hereby adopted, except that references to the uniform codes shall be replaced with the appropriate technical codes and sections as adopted by the city. A copy of the code referenced herein is on file with the city clerk. (Ord. 004-21 § 1; Ord. 019-17 § 18 (Exh. 1)).

20.200.010 Conflicts between codes.

In case of conflict among any of the codes referenced in POMC 20.200.008 as adopted and subsequently amended by this chapter or by Chapter 20.204 POMC, Fire Prevention Code, the first named code as located in POMC 20.200.008 shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. (Ord. 019-17 § 18 (Exh. 1)).

20.200.012 Local amendments of International Building Code.

The International Building Code adopted by reference in this chapter is hereby amended as follows:

(1) IBC Section 105.2, entitled “Work exempt from permit,” subsection “Building:” is hereby amended to read as follows:

Building:

(1) One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2).

(2) Fences not over 6 feet high.

(3) Oil derricks.

(4) Retaining walls which are not over 4 feet (1,219 mm) 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 III-A liquids.

(5) Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1.

(6) Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

(7) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(8) Temporary motion picture, television and theater stage sets and scenery.

(9) Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.

(10) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

(11) Swings and other playground equipment accessory to detached one- and two-family dwellings.

(12) Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies.

(13) Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height.

(2) IBC Subsection 105.5, entitled “Expiration,” is hereby amended to read as follows:

105.5 Expiration.

A. 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, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

B. Notwithstanding the above, if the City has issued a Stormwater Management Permit (or site development activity permit (SDAP) under Chapter 20.150 POMC) and building permit for water, wastewater, stormwater, or street improvement structures or fixtures, then the building permit shall expire concurrent with and under the same terms as set forth in Chapter 20.150 POMC as the issued Stormwater Management Permit.

(3) IBC Section 109, entitled “Fees,” is hereby amended to add the following new subsection 109.7 as follows:

The Building Official is authorized to waive the Permit Fee and Plan Review specified in the International Building Code and in the Uniform Plumbing Code upon satisfaction of the following conditions:

(1) The permit is for a residential unit of an owner/occupier who is 60 years or older with a maximum annual income, together with all persons in the household, below the poverty line as established by the Office of Management and Budget in Washington D.C.

(2) The work is for essential repairs and improvements, such as insulation, weatherization, roof repairs, structural repairs or essential plumbing repairs.

(3) The owner/occupant of the home completes a form supplied by the Building Official requesting exception from the Building Permit Fees.

(4) IBC Subsection 111.1, entitled “Use and Occupancy,” is hereby amended to read as follows:

111.1 Use and Occupancy.

A. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor 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.

Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.

B. When a building is constructed with future tenant spaces to be finished or occupied at a later date, a shell only certificate of occupancy shall be issued. A separate tenant improvement permit is required for each tenant space prior to any tenant occupancy.

C. A certificate of occupancy shall be required prior to occupancy when there is a change in tenant whether or not construction or alterations are performed or proposed and regardless of the use or occupancy classification.

Exceptions:

1. R-3 occupancies.

2. Group U occupancies.

3. Individual dwelling units of R-1 and R-2 occupancies.

4. Individual rental units of mini-storage buildings with S occupancy classification.

5. A second business in the same location as another tenant with the same use classification which already has a Certificate of Occupancy for the space.

6. Individual business license holders within a space with a current Certificate of Occupancy.

7. A business that changes ownership but does not change location, business name, use, or make any structural changes. The new owner is required to provide ownership and business license information to the Department of Community Development Permit Center. An updated certificate will be issued to the new owner.

8. A business that changes its name but does not change location, ownership, use, or make any structural changes. The owner is required to provide updated business license information showing the name change to the Department of Community Development Permit Center. An updated certificate will be issued with the new business name.

D. When a Certificate of Occupancy is required, or a business’s ownership or name is changed, an application shall be submitted to the Department of Community Development Permit Center using the applicable city form, along with supporting documentation as required. The fee shall be as adopted under the city’s current fee schedule resolution.

(Ord. 038-19 § 1; Ord. 019-17 § 18 (Exh. 1)).

20.200.014 Local amendments of International Residential Code.

The International Residential Code adopted by reference in this chapter is hereby amended as follows:

(1) IRC Section 105.2, entitled “Work exempt from permit,” subsection “Building:” is hereby amended to read as follows:

Building:

(1) One-story detached accessory structures, provided that the floor area does not exceed 200 square feet (18.58 m2).

(2) Fences not over 6 feet (2134 mm) high.

(3) Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

(4) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

(5) Sidewalks and driveways.

(6) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(7) Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

(8) Swings and other playground equipment.

(9) Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

(10) Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling do not serve the exit door required by Section R311.4.

(11) Roof covering replacement (re-roofing) provided the roof area does not exceed 2100 square feet (21 squares) and further provided the existing sheathing remains in place and no structural work is performed.

(2) IRC Table R301.2(1) is hereby amended by adding the following into the corresponding table blanks:

(i) Ground Snow Load = 30 lbs psf

(ii) Wind Speed = 85 mph

(iii) Seismic Design Category = D2

(iv) Weathering = Moderate

(v) Frost Line Depth = 12 inches

(vi) Termite = Slight to Moderate

(vii) Decay = Moderate to Severe

(ix) Winter Design Temp = 26

(x) Ice Shield Underlayment Required = No

(xi) Flood Hazards = (a) 1980, (b) 1980

(xii) Air Freezing Index = 148

(xiii) Mean Annual Temp = 51.4

(Ord. 019-17 § 18 (Exh. 1)).