Chapter 18.14
AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE (IRC)

Sections:

18.14.010    Amendment to IRC Section R104.10.1.

18.14.020    Amendment to IRC Section R105.3.1.1.

18.14.030    Amendment to IRC Section R112.1.

18.14.040    Amendment to IRC Section R112.2.

18.14.050    Amendments to IRC Section R112.3.

18.14.060    Amendment to IRC Section R113.

18.14.070    Amendment to IRC Section R114.

18.14.010 Amendment to IRC Section R104.10.1.

Section R104.10.1 of the IRC is amended to read as follows:

R104.10.1 Areas prone to flooding. The building official shall not grant modifications to any provision related to areas prone to flooding as established by Table R301.2(1) without the granting of a variance to such provisions by the board of appeals under the provisions of SMC Section 18.10.200.

(Ord. 1904-0717 § 7 (part), 2017: Ord. 1678-0406 § 3 (part), 2006)

18.14.020 Amendment to IRC Section R105.3.1.1.

Section R105.3.1.1 of the IRC is amended to read as follows:

R105.3.1.1 Substantially improved or substantially damaged existing buildings in areas prone to flooding. For applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding as established by Table R301.2(1), the building official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamage condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the finding shall be provided to the board of appeals for a determination of substantial improvement or substantial damage. Applications determined by the board of appeals to constitute substantial improvement or substantial damage shall meet the requirements of Section R323.

(Ord. 1904-0717 § 7 (part), 2017: Ord. 1678-0406 § 3 (part), 2006)

18.14.030 Amendment to IRC Section R112.1.

Section R112.1 of the IRC is hereby repealed and a new Section R112.1 is hereby added, which shall read as follows:

R112.1 Appeals. The hearings examiner appeals based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply or an equally good or better form of construction is proposed. The Hearing Examiner shall not have the authority to waive requirements of the adopted code, as provided in SMC 18.05.010. The hearings examiner shall hear appeals of any notice and order or any action of the building official pertaining to any violations of any code adopted in this title. Appeals to the hearings examiner shall be processed in accordance with the provisions contained in SMC Chapter 17.08.

(Ord. 1904-0717 § 7 (part), 2017: Ord. 1678-0406 § 3 (part), 2006)

18.14.040 Amendment to IRC Section R112.2.

A new Section R112.2.1 of the IRC is hereby added which shall read as follows:

R112.2.1 Determination of substantial improvement in areas prone to flooding. When the building official provides a finding required in Section R105.3.1.1, the board of appeals shall determine whether the value of the proposed work constitutes a substantial improvement. A substantial improvement means any repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the building or structure has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work performed. The term does not include:

1. Improvements of a building or structure required to correct existing health, sanitary or safety code violations identified by the building official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of an historic building or structure provided that the alteration will not preclude the continued designation as an historic building or structure. For purposes of this exclusion, an historic building is:

2.1 Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or

2.2 Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or

2.3 Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.

(Ord. 1904-0717 § 7 (part), 2017: Ord. 1678-0406 § 3 (part), 2006)

18.14.050 Amendments to IRC Section R112.3.

Section R112.3 of the IRC is repealed and a new Section 112.3 is hereby added, to read as follows:

R112.3 Form of appeal. Appeals allowed under IRC Section 112.2 must be accompanied by an appeal fee, as established by the City, be filed with the City of Shelton Community & Economic Development Department, and the written appeal shall contain the following:

1. A heading in the words: Before the Hearing Examiner of the City of Shelton.

2. A caption reading: “Appeal of…” giving the names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

6. The signatures of all parties named as appellants and their official mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

Deadline for filing. The appeal shall be filed within ten (10) working days from the date of the service of such order of the building official.

(Ord. 1904-0717 § 7 (part), 2017: Ord. 1678-0406 § 3 (part), 2006)

18.14.060 Amendment to IRC Section R113.

IRC Section R113 is repealed, and a new Section R113 is hereby adopted, to read as follows:

SECTION R113 (IRC)

VIOLATIONS

R113.1 Notice of Violations. Violations of this code shall be processed in accordance with the provisions of SMC Chapter 17.08.

R113.2 Violation penalties. Persons who shall violate a provision of this code, fail to comply with any of the requirements thereof or erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil offense as described in SMC Section 17.08.008, unless otherwise deemed a criminal offense under the provisions of SMC Section 17.08.010.

(Ord. 1904-0717 § 8 (part), 2017)

18.14.070 Amendment to IRC Section R114.

IRC Section R114 is repealed, and a new Section R114 is hereby adopted, to read as follows:

SECTION R114 (IRC)

STOP WORK ORDER

Stop work orders shall be processed in accordance with the provisions of SMC Chapter 17.08.020.

(Ord. 1904-0717 § 8 (part), 2017)