Chapter 15.02
BUILDING CODE

Sections:

15.02.010    Short title.

15.02.020    Adoption of codes.

15.02.030    Enforcement authority.

15.02.035    Conflicts.

15.02.040    Board of appeals/appeals.

15.02.045    Building permit fees.

15.02.050    Appeal.

15.02.060    Violation – Penalty.

15.02.010 Short title.

This chapter shall be known as the building code of the city of Rock Island. (Ord. 98-017 § 5).

15.02.020 Adoption of codes.

The following codes, standards, and Washington Administrative Code (WAC) provisions are hereby adopted as the same exist now or may be hereafter amended as the building code of the city:

A. International Building Code. The current edition of the International Building Code, including Appendices I and J, published by the International Code Council, Inc., as adopted by the State Building Code Council as set forth in WAC Title 51. To the extent other provisions of the city municipal code currently refer to the Uniform Building Code, all such references shall hereafter by interpreted as references to the International Building Code as adopted in this section.

B. International Residential Code. The current edition of the International Residential Code, published by the International Code Council, Inc., as adopted by the State Building Code Council and as set forth in WAC Title 51.

C. International Mechanical Code. Except as provided in RCW 19.27.031, the current edition of the International Mechanical Code, including all appendices, published by the International Code Council, Inc., as adopted by the State Building Code Council and as set forth in WAC Title 51.

D. Uniform Plumbing Code. Except as provided in RCW 19.27.031 and 19.27.170, the current editions of the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials and including all additions, deletions and exceptions as set forth in WAC Title 51, as the same exists now or may hereafter be amended are adopted by this reference as if fully set forth as the plumbing code for the city of Rock Island, except such portions as may be deleted, modified, or amended by ordinance.

E. International Fire Code. Except as provided in RCW 19.27.031, the current edition of the International Fire Code, including those standards of the National Fire Protection Association specifically referenced in the International Fire Code, as published by the International Code Council, Inc., and including all additions, deletions, and exceptions as set forth in WAC Title 51, as the same now exists or may be hereafter amended, is hereby adopted by this reference and incorporated herein as if fully set forth as the fire code for the city of Rock Island, except such portions as may be deleted, modified, or amended by ordinance.

F. Uniform Code for the Abatement of Dangerous Buildings. The most current edition of the Uniform Code for the Abatement of Dangerous Buildings, as published by the International Conference of Building Officials.

G. Washington State Energy Code. The current edition of the Washington State Energy Code, as adopted by the State Building Code Council, and as set forth in WAC Title 51.

H. Washington State Ventilation and Indoor Air Quality Code. The current edition of the Washington State Ventilation and Indoor Air Quality Code, as adopted by the State Building Code Council, and as set forth in WAC Title 51.

I. Uniform Sign Code. The current edition of the Uniform Sign Code, as adopted by the State Building Code Council and as set forth in WAC Title 51; provided, however, that the provisions of any existing or hereafter enacted sign code regulations set forth in RIMC Title 17 shall apply in the case of any conflict between provisions of the Uniform Sign Code and Chapter 17.46 RIMC, Signs. (Ord. 04-074 § 1; Ord. 98-017 § 5).

15.02.030 Enforcement authority.

A. The codes adopted by this chapter, with the exception of the fire code, shall be administered and enforced by the mayor or his or her designee.

B. The fire chief or his/her designee of the Douglas County Fire District No. 2 is authorized to administer and enforce the fire code. (Ord. 04-074 § 2; Ord. 98-017 § 5).

15.02.035 Conflicts.

In the case of a conflict between the codes adopted by reference by the city in this title, the first of the following named codes shall govern over those following:

A. Building code;

B. Residential code;

C. Mechanical code;

D. Fire code;

E. Plumbing code. (Ord. 04-074 § 3).

15.02.040 Board of appeals/appeals.

A. Appeals of a decision of an administrative official shall be filed with the city clerk within 14 calendar days of the issuance of the decision appealed and shall be processed pursuant to the provisions of RIMC Title 14 applicable to administrative appeals, as the same exists now, or may hereafter be amended.

B. The board of appeals required by any code listed in RIMC 15.02.020 shall be the city hearing examiner. The hearing examiner shall hear and make final decisions on appeals from and pursuant to the provisions of RIMC Title 14, as the same exists now or may hereafter be amended.

C. Appeals of a decision of the hearing examiner shall be judicial appeals to the Douglas County superior court and must be filed in the superior court and served on the city clerk within 21 days after the date of issuance of the notice of final decision of the hearing examiner pursuant to the applicable provisions of RIMC Title 14 and Chapter 36.70C RCW as the same exist now or may hereafter be amended. (Ord. 04-074 § 4; Ord. 98-017 § 5).

15.02.045 Building permit fees.

Building permit and plan review fees shall be as established from time to time by city of Rock Island resolution. (Ord. 04-074 § 5; Ord. 02-064 § 1; Ord. 99-031 § 1).

15.02.050 Appeal.

A. Whenever the building inspector or fire chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply, or that the true intent and meaning of the code have been misconstrued or wrongfully interpreted, the applicant may appeal from the decision of the building inspector or fire chief to the board of appeals within 14 days from the date of the decision appealed. The board of appeals shall prepare written findings and a decision and deliver the same to the applicant within 10 days of the hearing. Decisions of the board of appeals shall be binding and final.

B. Appeals from the board of appeals’ decisions shall be made by filing a land use petition in Douglas County superior court. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW, as it now exists or as may be hereafter amended. (Ord. 98-017 § 5).

15.02.060 Violation – Penalty.

A. Any person who shall violate any of the provisions of the building code or this chapter or who shall fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the hearing examiner or by a court of competent jurisdiction, within the time fixed therein, shall severally and for each such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.

B. The instigation of misdemeanor proceedings in accordance with subsection A of this section shall not prevent the city from exercising all available civil remedies to force removal of prohibited conditions. (Ord. 98-017 § 5).