Chapter 15.05
BUILDING CODES

Sections:

15.05.010    Purpose.

15.05.020    Required permits and approvals.

15.05.025    Existing buildings.

15.05.030    Building and fire code administration.

15.05.040    Codes adopted.

15.05.050    Modifications to adopted codes.

15.05.060    Violation – Penalty.

15.05.010 Purpose.

A. The purpose of this chapter is to:

1. Regulate construction and development activities within the city;

2. Adopt locally state mandated laws and codes regulating construction in order to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public as a whole by enforcement of building codes throughout this jurisdiction;

3. To regulate the safe and proper function of elements of a site or site improvement work and essential systems of a building including: plumbing and sanitation, water conservation, heating, air conditioning, ventilation, energy efficiency, fire suppression systems, alarm systems, and fire department access.

B. Responsibility for Compliance. Regardless of any review, approval, inspection, permit issuance or other action of the city or its agents, consultants or employees, it is the responsibility of the developers, permit applicants, owners and occupiers of land within the city limits to ensure that all work, actions or conditions comply with all city ordinances and all other applicable laws, and with the requirements of any permits or approvals granted under city ordinance or any other applicable law. No provision of, or term used in, this chapter is intended to impose any duty upon the city or any of its agents, consultants or employees. Nothing contained in this chapter or other provisions of the development regulations is intended to be or shall be construed to create or form the basis for any liability on the part of the city, its agents, consultants or employees for any injury or damage resulting from a failure to comply with the provisions of city ordinances or other applicable law or by reason of or as a consequence of any permission, denial or approval authorized or issued or done in connection with the implementation or enforcement of city ordinances or other applicable law or by reason of any action or inaction on the part of the city or its agents, consultants, or employees relating in any manner to the implementation or enforcement of city ordinances or other applicable laws. [Ord. 1062 § 1 (12.260.010), 2010; Ord. 1060 § 3, 2010; Ord. 1059 § 2 (Exh. A (12.260.010)), 2010.]

15.05.020 Required permits and approvals.

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the city; provided, that:

A. Prior to the issuance of a building permit all proposed development activities must comply with the applicable provisions of Chapter 18.50 RMC, Architectural Design Review, or Chapter 18.60 RMC, Historic Register Design Review, and all applicable provisions of adopted ordinances and the Roslyn Municipal Code.

B. All persons desiring to replace an existing roof or construct a new roof over an existing roof on any building or structure shall be required to obtain a building permit from the city prior to the commencement and completion of the work. The cost of the permit, and the manner of application for said permit shall be in accordance with the applicable provisions of the International Building Code as adopted by the city of Roslyn; provided, however, that a separate permit for roofing work shall not be required where a building permit is applied for and obtained for the construction of a new residence or the remodeling or rebuilding of an existing residence when the building permit obtained includes the roofing work.

C. Building permits are not required for the following improvements, as determined by the city:

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.

2. Sidewalks, decks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and which are not part of an accessible route.

D. When a building is constructed with future tenant spaces intended to be finished or occupied at a later date, a separate building permit is required for each tenant space prior to any tenant occupancy; provided, that:

1. This requirement shall not apply to individual rental units of mini-storage facilities.

E. No building permit shall be issued until a compliance determination has been made by the city and/or a certificate of zoning compliance has been issued.

F. Fees.

1. Prescribed Fees. A permit application shall not be accepted until the fees prescribed in the adopted schedule of fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, and mechanical or gas systems, etc., has been paid.

2. Work Commencing before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, plumbing, etc., system before obtaining the necessary permits shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees.

3. Accounting. The chief building official shall keep a permanent and accurate accounting of all permit fees and other money collected, the names of all persons upon whose account the same was paid, along with the date and the amount thereof.

4. Building Permits Valuations. Construction valuation shall be determined by the building size and type and in accordance with the figures located in the Building Valuation Table published by the International Code Council (ICC). If, in the opinion of the chief building official, the valuation appears to be underestimated, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the chief building official. Permit valuations shall include the total cost, such as building, electrical, gas, mechanical, plumbing equipment and other systems, including material and labor.

5. Reinspection Fees. The adopted schedule of fees shall prescribe the amount of the reinspection fee charged. The reinspection fee shall be applied to the project requiring additional visits by the inspector due to a previous corrective order. The fee shall be applied for each reinspection performed.

G. Every building permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection within 180 days of permit issuance or within 180 days since the previous approved inspection shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration, and shall demonstrate good cause.

H. It is unlawful to use or occupy or permit the use or occupancy of any building or structure, or both, hereafter created, erected, changed, converted or enlarged in its use or structure until a certificate of occupancy has been issued by the city.

If the information supplied to the city for the certificate of ownership changes, or there is a change of business ownership, a revised certificate of occupancy shall be requested and issued. It shall be the responsibility of the owner of the business to inform the city of the changes in order to maintain current and accurate information.

I. A person shall have the right to appeal a decision involving the interpretation or implementation of the building and fire codes as adopted by the city. An application for appeal must include documentation that the code or the rules have been incorrectly interpreted, that the provisions of this code do not fully apply, or that a form of construction that meets or exceeds the city requirements has been proposed.

J. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

K. Upon notice from the city that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

L. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the city authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorization is a violation of this title and punishable as provided in Chapter 18.270 RMC, Violations and Enforcement. [Ord. 1062 § 2 (12.260.020), 2010; Ord. 1060 § 3, 2010; Ord. 1059 § 2 (Exh. A (12.260.020)), 2010.]

15.05.025 Existing buildings.

A. General. Alterations, repairs or rehabilitation work may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all of the requirements of the construction codes; provided, that the alteration, repair or rehabilitation work conforms to the requirements of the construction codes for new construction. The chief building official shall determine the extent to which the existing system shall be made to conform to the requirements of the construction codes for new construction.

B. Change of Occupancy. If the occupancy classification of any existing building or structure is changed, the building, electrical, gas, mechanical and plumbing systems shall be made to conform to the intent of the construction codes as required by the chief building official.

C. Special Historic Buildings. The provisions of the construction codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified or classified by the state or the city of Roslyn as an historic building when such buildings or structures are judged by the chief building official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within the fire districts. [Ord. 1062 § 3 (12.260.025), 2010.]

15.05.030 Building and fire code administration.

A. In case of conflicts between the codes adopted by reference by the city and/or with the provisions of this title, the mayor or his/her designee is authorized to make such code interpretations as may be necessary to implement this title; provided, that the following may be used as guidance:

1. The amendments and provisions of this chapter shall prevail;

2. The order in which the codes are listed in the following section shall determine the hierarchy. The first-named code shall supersede and shall govern over those following, except as specifically described within Chapters 51-11 through 51-57 WAC.

B. Wherever the adopted codes state the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the state of Washington. Wherever the adopted codes state the International Electrical Code, ICC Electrical Code, or the electrical code, it shall mean the National Electrical Code (NFPA 70) as adopted by the state of Washington in accordance with Chapter 19.28 RCW and Chapter 296-46B WAC. Wherever the adopted codes state the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the state of Washington.

C. Typographical error corrections as identified in errata published by the International Code Council shall become part of this code as if contained herein.

D. City officials and their authorized representatives charged with the enforcement of this title shall not be held personally liable for any act or omission that occurs during the performance of official duties. [Ord. 1060 § 3, 2010; Ord. 1059 § 2 (Exh. A (12.260.030)), 2010.]

15.05.040 Codes adopted.

A. Pursuant to RCW 35A.12.140, the following codes of technical regulations are hereby adopted by this reference as if fully set forth, subject to the modifications or amendments set forth in this chapter.

The State Building Codes (SBC), as adopted and amended by the Washington State Building Code Council, are hereby adopted by the city and shall include all of the following:

• 2009 International Building Code with statewide amendments and as amended within this chapter;

• ICC/ANSI A117.1-03, Accessible and Usable Buildings and Facilities, with statewide amendments without exception;

• 2009 International Residential Code with statewide amendments and as amended by this chapter;

• 2009 International Mechanical Code with statewide amendments without exception;

• 2008 Liquefied Petroleum Gas Code (NFPA 58) without exception;

• 2009 National Fuel Gas Code (NFPA 54) without exception;

• 2009 International Fire Code with statewide amendments without exception;

• 2009 Uniform Plumbing Code with statewide amendments without exception;

• 2006 Washington State Energy Code without exception;

• 2009 International Existing Building Code with statewide amendments found in the IBC without exception;

• 2008 National Electrical Code (NFPA 70) – Please see the Department of Labor and Industries for information on the adoption and amendment of the National Electrical Code without exception.

B. Appendices. Appendices referenced in the text of the construction codes shall be considered an integral part of the construction codes. [Ord. 1062 § 4 (12.260.040), 2010.]

15.05.050 Modifications to adopted codes.

A. Section R105.2, Work exempt from permit. Section 105.2 of the International Residential Code is amended to read as follows:

R105.2 Work exempt from permit. Amend the item 1 under “Building” to read:

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.

B. Section R301.2.3, Snow Load. Section R301.2.3 of the International Residential Code is amended by adding the following sentence to the end of the paragraph:

Ground Snow Load for the City of Roslyn shall be no less than 130 psf.

C. Section 109.4 and Section R108.6, Work without a Permit. Section 109.4 of the International Building Code and Section R108.6 of the International Residential Code are hereby amended as follows:

Any person who commences work requiring a permit on a building, site, structure, electrical, gas or plumbing system before obtaining the necessary permits shall be subject to an investigation and administration fee equal to the amount of the permit fee.

An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by the city code. The minimum investigation fee shall be the same as the minimum fee set forth in the city code. The payment of the investigation fee shall not exempt any person from compliance with all provisions of this code nor from any penalty prescribed by law.

In addition to the investigation and administration fee, all associated city staff and city consultant charges shall be collected.

D. Section 110.3.8 and Section R109.1.5. Section 110.3.8 of the International Building Code and Section R109.1.5 of the International Residential Code are hereby amended as follows:

In addition to inspections as required by this code not excluding regular inspections by the building official, special inspections and structural observations; the building official is authorized to make or require other inspections of any construction work or grading to ascertain compliance with the provisions of this code and other laws that are enforced by the City of Roslyn.

In addition to regular code specified town inspections, special inspections and structural observations; structural systems, mechanical systems, plumbing systems, and energy systems may be required to have visual observation and testing to confirm compliance with approved construction documents. These inspection requirements apply as the building official may find required. When required, visual observations and testing are to be performed or overseen by a registered design professional approved by the building official. All costs for inspections are the responsibility of the permit holder.

[Ord. 1062 § 5 (12.260.050), 2010.]

15.05.060 Violation – Penalty.

Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of this chapter or of any portion of the State Building Code as adopted or amended by this chapter is guilty of a misdemeanor punishable by a fine not exceeding $2,000 or by imprisonment for any term not exceeding six months, or by both such fine and imprisonment. Each day that a violation is continued shall be considered a separate offense. [Ord. 1062 § 6 (12.260.060), 2010.]