Chapter 16.04
BUILDING CONSTRUCTION CODE1
Sections:
16.04.020 Adoption of codes by reference.
16.04.030 Conflicts between codes.
16.04.040 Administrative provisions.
16.04.050 Enforcement authority designated.
16.04.070 Building code amendments.
16.04.100 Violations and penalties.
16.04.010 Purpose.
The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use, occupancy, location and maintenance of all buildings and structures within the city of Port Townsend. 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 group or individual. (Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
16.04.020 Adoption of codes by reference.
The following codes, as now or hereafter amended, are hereby adopted by this reference as if fully set forth in this chapter and as specifically modified or amended as set forth in this chapter:
A. The International Building Code, 2021 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC (including Appendix E and ICC/ANSI S117.1-2017 and the 2021 International Existing Building Code, and 2021 International Swimming Pool and Spa Code), and as subsequently amended by this chapter.
B. The International Residential Code, 2021 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-51 WAC (excluding Chapter 11 and Chapters 25 through 43 and including Appendices F, Q and U), and as subsequently amended by this chapter.
C. The International Mechanical Code, 2021 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC (including the International Fuel Gas Code, NFPA 58 Storage and Handling of Liquefied Petroleum Gases, and NFPA 54 National Fuel Gas Code), and as subsequently amended by this chapter.
D. The International Fire Code, 2021 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-54A WAC and as subsequently amended by this chapter.
E. The International Wildland Urban Interface Code, 2021 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-55 WAC, and as subsequently amended by this chapter.
F. The Uniform Plumbing Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC (including adoption of Appendices A, B and I).
G. The Washington State Energy Code, Commercial Provisions, 2021 Edition, including Appendix chapters, as adopted and amended by the Washington State Building Code Council in Chapter 51-11C WAC.
H. The Washington State Energy Code, Residential Provisions, 2021 Edition, including Appendix chapters, as adopted and amended by the Washington State Building Code Council in Chapter 51-11R WAC. (Ord. 3315 § 1 (Exh. A), 2024; Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3093 § 1 (Exh. A), 2013; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
16.04.030 Conflicts between codes.
In case of conflict among the building code, the residential code, the mechanical code, the fire code, and the plumbing code, the first named code shall govern. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is the most specific, as determined by the building official, shall apply. (Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
16.04.040 Administrative provisions.
The administrative provisions as specified in Chapter 1 of the International Building Code (IBC) as adopted and as subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in PTMC 16.04.020. As such, the administrative provisions of other than the IBC shall not be in effect, except when they contain a higher degree of specificity as determined by the building official. (Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
16.04.050 Enforcement authority designated.
Any reference in the codes listed in PTMC 16.04.020 to “building official,” “code official,” “fire code official,” “authority having jurisdiction” or other designation relating to the enforcement of the provisions of the codes shall be deemed to mean the director of planning and community development or his or her designee. (Ord. 3315 § 1 (Exh. B), 2024; Ord. 3287 § 5, 2022; Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
16.04.060 Fees.
Any fee schedule in any of the codes listed in PTMC 16.04.020 shall be void. All fee schedules shall be listed in a separate fee resolution adopted by the city council of the city of Port Townsend. (Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
16.04.070 Building code amendments.
The following sections in the adopted International Building Code are hereby amended:
A. Section 111.2 is amended to read:
Certificate issued. After the building official inspects the new building, structure, or addition, or any building or structure where the use or occupancy has changed, and finds no violations of the provisions of the codes adopted by Chapter 16.04 PTMC or other pertinent laws that are enforced by the jurisdiction, the building official shall issue a certificate of occupancy on a form developed by the City to display the information that is relevant to identify and locate the project, building permit information, and code requirements.
B. Section 105.3.2 is amended to read:
105.3.2 Time Limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after deemed complete, unless such application has been pursued in good faith or a permit has been issued, except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. Approved applications ready for issuance shall be deemed to be abandoned 90 days after approval.
C. Section 105.5 is amended to read:
105.5 Expiration.
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 365 days after 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.
(Ord. 3315 § 1 (Exh. C), 2024; Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
16.04.080 Fire code amendments.
Repealed by Ord. 3152. (Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
16.04.090 Liability.
It is the express intent of the city of Port Townsend that the responsibility for compliance with the provisions of this chapter shall rest with the permit applicant and his or her agents. (Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
16.04.100 Violations and penalties.
A. Director’s Authority. Whenever the PCD director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are made subject to the provisions of Chapter 1.20 PTMC, including but not limited to abatement, criminal penalty, and civil penalty, which are incorporated by reference as if set forth herein. (Ord. 3287 § 5, 2022; Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2952 § 3, 2008; Ord. 2947 § 1, 2007).
16.04.110 Appeals.
All appeals authorized by the codes adopted by reference by this chapter as to the suitability of alternate materials and methods of construction and from other rulings, interpretations or enforcement actions of those officials charged with enforcing the codes shall be to the city of Port Townsend hearing examiner as established by Chapter 2.14 PTMC. The hearing examiner shall serve in lieu of all boards of appeals mentioned or described in the codes adopted by this chapter. (Ord. 3269 § 1 (Exh. A), 2021; Ord. 3152 § 1 (Exh. A), 2016; Ord. 3039 § 1 (Exh. A), 2010; Ord. 2947 § 1, 2007).
Code reviser’s note: Section 3 of Ord. 3269 states: “This Ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. The amendments to the International Codes shall take [effect] 90 days after the effective date of this ordinance.”