Chapter 15.04
STATE BUILDING CODE
Sections:
15.04.030 Penalty for violation.
15.04.060 Skamania County additions to State Building Code.
15.04.010 Definitions.
Unless a different meaning is plainly required by the context, the following words or phrases as hereinafter used in this chapter or in any of the construction codes shall have the following meanings:
“Building official” means the officer or any other designated authority charged with the administration and enforcement of the construction codes of the county, and shall have the authority to render interpretations of this code, or his duly authorized representative.
“Construction codes” means the codes, regulations and standards listed in this chapter adopted by Skamania County.
“Fire marshal” means the officer or other designated authority charged with the administration and enforcement of the fire code.
“Mobile home” means a factory-built dwelling built before June 15, 1976 to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.) and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state; a structure, transportable in one or more sections, which is thirty-two body feet or more in length and is eight body feet or more in width, and which is a minimum of four hundred eighty square feet, and which is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, hearing, air-conditioning and electrical systems contained therein, except as hereinafter specifically excluded, and excluding recreational vehicles, travel trailers and mobile/manufacture housing.
“Mobile/manufactured housing” means a single-family dwelling intended for permanent occupancy and constructed in accordance with the requirements prescribed under RCW 43.22.340, as amended, and the Federal Department of Housing and Urban Development Standards promulgated under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) as amended and all rules and regulations, and which is designed for transportation, after fabrication, on public streets and highways on its own chassis and wheels and which, when sited, is designed to be permanently connected to required utilities.
“Person” means a natural person, his heirs, executor, administrators and assigns; a firm, a partnership, corporation or association, its or their successors or assigns, or the agent of any of the aforesaid; and state and local governments and agencies.
“Start of construction” means the first placement or permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the state of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation on the property of accessory buildings (less than two hundred square feet), such as sheds not occupied as dwelling units or not as part of the main structure. Permanent construction does include the erection of a permanent foundation for a mobile home or mobile/manufactured housing when such work is beyond the stage of excavation.
“Structure” means an edifice or buildings of any kind artificially built up or composed of parts jointed together in some definite manner, which is principally above ground. (Ord. 2006-03 (part))
15.04.020 Adoption.
As modified by Chapters 51-50, 51-51, 51-52, 51-54, 51-56, 51-57, 51-11 and 51-13 of the Washington Administrative Code and this title, those codes as set forth in Revised Code of Washington (RCW) 19.17 and 19.27A are adopted as the minimum regulations of Skamania County governing buildings and structures, and shall have the same force and effect as if fully set forth herein. Specifically, these codes include:
A.
1. The International Building Code, published by the International Code Council, Inc.; including Appendix G;
2. The International Residential Code, published by the International Code Council, Inc.
B. The International Mechanical Code, published by the International Code Council, Inc., except that the standards for liquefied petroleum gas installation shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code);
C. The International Fire Code, published by the International Code Council, Inc. including those standards of the National Fire Protection Association specifically referenced in the International Fire Code: provided, that, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles, also including Appendixes B and C as amended by Skamania County;
D. Except as provided in RCW 19.27.170, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials: provided, that any provisions of such code affecting sewers or fuel gas piping are not adopted;
E. The rules adopted by the State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160;
F. The Washington State Energy Code, 2003 edition, filed as Chapter 51-11 Washington Administrative Code; and
G. The Washington State Ventilation and Indoor Air Quality Code, 2003 Edition, filed as Chapter 51-13 WAC.
In case of conflict among the codes enumerated in subsections A, B, C and D of this section, the first named code shall govern over those following. (Ord. 2006-03 (part))
15.04.030 Penalty for violation.
A. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty by a separate civil wrong for each and every day of or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and, upon a finding of any such civil wrong, such person shall be punished by a fine of not more than five hundred dollars for each day of violation, together with such fees and costs as are provided by the codes and adopted herein.
B. Public Nuisance.
1. Violations a Public Nuisance. The following are declared to be unlawful and a public nuisance.
a. Any building or structure hereafter set up, erected, built, moved, maintained, constructed, enlarged, altered, repaired, improved, removed, converted, demolished, equipped, used, occupied, or maintained contrary to the provisions of this chapter;
b. Any grading, excavating, or filling operation, contrary to provisions of Chapter 18 of the 2003 International Building Code;
c. Any work done or action taken or product thereof which is contrary to this chapter;
d. Unsafe buildings or structures as defined in Section 115 or the 2003 International Building Code or the International Building Code for the Abatement of Dangerous Buildings. The building official shall take steps to abate public nuisances as defined herein. The prosecuting attorney may commence an action or actions, proceeding or proceedings for the abatement, removal or enjoinment of public nuisances as defined here. The power granted to abate a public nuisance shall be construed broadly.
2. Cumulative Civil Penalty. In addition to, or as an alternative to, any other penalty provided herein or by law, any person, firm, or corporation which violates the provisions of this chapter, or violates the provisions of the International Building Codes adopted by reference by this chapter, shall incur a cumulative civil penalty in the amount of twenty dollars per day from the date set for correction pursuant to subsection (B)(3)(a)(iv) of this section until the violation is corrected, together with all cost incurred to the county in abating such nuisance.
3. Notice of Violation—Assessment of Penalty. Whenever the building official determines that a continuing violation of the above chapters of the International Building Codes is occurring, the building official is authorized to issue a notice of violation directed to the person(s) committing or causing such violation.
a. The notice of violation shall contain:
i. The name and address of the persons to whom the notice of violation is directed;
ii. The street address when available or a legal description sufficient for identification of the building, structure, premises or land upon or within which the violation is occurring;
iii. A concise description of the nature of the violation;
iv. A statement of the action required to be taken as determined by the building official and a date for correction which shall be not less than twenty-one days from the date of service of the notice of violation unless the building official has determined the violation to be immediately hazardous;
v. A statement that a cumulative civil penalty in the amount of twenty dollars per day shall be assessed against the person to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues;
vi. A statement that the building official’s notification of violation may be appealed to the board of appeals (except where a required permit has not been obtained) by the filing with the building official a written notice of appeal along with a twenty-five dollar filing fee within twenty days of service of the notice of violation and that the daily civil penalty shall not accrue during the pendency of such administrative appeal;
vii. That in addition to other penalties the costs incurred by the county in abating such violation may be assessed against the person to whom such notice is directed.
b. The notice of violation shall be served upon the person(s) to whom it is directed either personally in the manner provided for personal service of notices of complaint in justice court or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to such person at his last known address. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring time, date and the manner by which service was made.
c. An administrative appeal of a notice of violation may be taken by filing of a notice of appeal with the building official within twenty days of the service of the notice of violation. Such appeals shall be heard by the board of appeals in such manner as set out in Section 15.04.060 of this chapter.
d. For good cause shown in the building official may extend the date set for correction in the notice of violation; provided that such an extension shall not affect the time within which an administrative appeal must be commenced.
4. Collection of Civil Penalty and Cost. The prosecuting attorney or the building official on behalf of the county is authorized to collect the civil penalty and cost by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues.
5. Compromise, Settlement and Disposition of Suit. The building official and the prosecuting attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties and costs to negotiate a settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interest of the county. (Ord. 2006-03 (part))
15.04.040 Severability.
If any section, subsection, sentence, clause or phrase of this title is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. (Ord. 2006-03 (part))
15.04.050 Conflict.
Whenever any conflict occurs between any section of this title and the codes referred to in this title, the most restrictive provision shall prevail. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. 2006-03 (part))
15.04.060 Skamania County additions to State Building Code.
Setback requirements shall conform to those set by the Skamania County Planning and Community Development Zoning Ordinance and the International Building Code, or any other applicable ordinance whichever is most restrictive.
Building Code setback requirements for un-zoned lots:
1. 12,500 square feet
a. Front yard: No building or accessory building shall be constructed closer than 45 feet from the centerline of the public road right-of-way or 35 feet from the centerline of the private road (note including private driveways), or road or 15 feet from the front property line, whichever is greater.
b. Side yard: On each side of the building or accessory building a side yard shall be provided of not less than 5 feet.
c. Rear yard: A rear yard shall be provided of not less than 15 feet, including accessory buildings.
2. 8,000 square feet
a. Front yard: No building or accessory building shall be constructed closer than 45 feet from the centerline of the public road right-of-way or 35 feet from the centerline of a private road (not including private driveways), or road or 15 feet from the front property line, whichever is greater.
b. Side year: On each side of the building or accessory building a side yard shall be provided of not less than 5 feet.
c. Rear yard: A rear yard shall be provided of not less than 15 feet, including accessory buildings.
3. A Yard That Fronts On More Than One Road: A setback requirement for the front yard of a lot that fronts on more than one road shall be the required setback for that zone classification. All other frontages shall have a setback of 15 feet from the property line, or the edge of the public road right-of-way or private road easement; whichever is greater if the parcel is less than 2 acres. If the parcel is greater than two (2) acres, the setback shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater.
4. Setbacks from cul-de-sacs and hammerhead turn around shall be 20 feet from the property line, or the edge of the public road right-of-way or private road easement, whichever is greater.
All setbacks are subject to any other applicable ordinance or restriction whichever is greater. (Ord. 2006-03 (part))
15.04.070 Board of appeals.
Section 112 of the 2003 International Building Code, Section 109 of the International Mechanical Code and Section 108 of the International Fire Code are each amended to read:
In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of three (3) members who are qualified by experience and training to pass upon matter pertaining to the State Building Code. The members shall be named by the Board of County Commissioners and the board convened at such time as is necessary to address applications for hearing. The building official shall be an ex-officio member and shall act as secretary of the board. The board may adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. (Ord. 2006-03 (part))