Chapter 15.04
ADOPTING THE STATE BUILDING CODE
Sections:
15.04.020 Authority to enforce.
15.04.030 Adoption by reference.
15.04.070 Penalty for violations.
15.04.080 Violations declared a public nuisance.
15.04.010 Purpose.
The purpose of this title is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Tonasket and certain equipment specifically regulated herein.
The purpose of this title is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title. (Ord. 592 § 2, 2002).
15.04.020 Authority to enforce.
RCW 19.27.050 directs that the State Building Code be enforced in all cities and counties. (Ord. 592 § 2, 2002).
15.04.030 Adoption by reference.*
There shall be in effect in the city of Tonasket the State Building Code, which consists of the following codes which are hereby adopted by reference:
A. International Building Code. The 2015 Edition of the International Building Code, including Appendix E, and Appendix J, published by the International Code Council is hereby adopted by reference as amended by Chapter 51-50 WAC; and
B. International Residential Code. The 2015 Edition of the International Residential Code as published by the International Code Council is hereby adopted by reference with the following additions, deletions, and exceptions; provided, that Chapters 11 and 25 through 43 of this code are not adopted. Energy Code is regulated by Chapter 51-11 WAC; Plumbing Code is regulated by Chapter 51-56 WAC; Electrical Code is regulated by Chapter 296-46B WAC. Appendix G, Swimming Pools, Spas and Hot Tubs, is included in adoption of the International Residential Code as amended by Chapter 51-51 WAC; and
C. International Mechanical Code. The 2015 Edition of the International Mechanical Code published by the International Code Council is hereby adopted by reference, as amended by Chapter 51-52 WAC, except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code); and
D. International Fire Code. The 2015 Edition of the International Fire Code, published by the International Code Council is hereby adopted by reference including those standards of the National Fire Protection Association specifically referenced in the International Fire Code as amended by Chapter 51-54 WAC together with the following appendices which are specifically adopted:
1. Appendix B, Fire Flow for Buildings.
2. Appendix D, Fire Apparatus Access Roads.
3. Appendix E, Hazard Categories.
4. Appendix G, Cryogenic Fluids – Weight and Volume Equivalents.
Provided, that, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles; and
E. Uniform Plumbing Code. The 2015 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials as amended by Chapters 51-56 and 51-57 WAC, is hereby adopted by reference with the following additions, deletions and exceptions; provided, that Chapters 12 and 15 of this code are not adopted; provided further, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the code addressing building sewers are not adopted; and
F. The rules adopted by the 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; and
G. Chapter 51-11 WAC, Washington State Energy Code. (Ord. 767 § 1, 2016; Ord. 732 § 1, 2013; Ord. 681 § 2, 2010).
*Code reviser’s note: Section 2 of Ordinance 767 provides as follows: “The enumerated 2015 editions of the State Building Codes shall be applicable to all permit applications vested after June 30, 2016.”
15.04.040 Conflict.
In case of conflict among the codes enumerated in TMC 15.04.030, the first named code shall govern over those following. (Ord. 592 § 2, 2002).
15.04.050 Permits required.
A. Work. Except as specified in Sections 105.2 and J103.2 IBC, 105.2 IRC, 106.2 IMC, 1103.1.2 UPC and as provided by WAC 51-16-080(1), no building or structure or plumbing or mechanical system thereof regulated by this title shall be erected, constructed, enlarged, altered, repaired, moved, converted, installed, replaced or demolished, without a separate permit for each building or structure having first been obtained from the building official.
B. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided by this title.
C. Regulated Activities, Operations, Practices and Functions. A permit shall be obtained from the fire marshal prior to engaging in the specified activities in Sections 105.6 and 105.7 IFC. (Ord. 681 § 3, 2010).
15.04.060 Violations.
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or property or portion thereof or cause or permit the same to be done in violation of these adopted codes or of this title. (Ord. 592 § 2, 2002).
15.04.070 Penalty for violations.
A. Administrative, Technical and Procedural Violations. Because of their nature the following are civil infractions:
1. Noncompliance. Any person who fails to conform to the terms of a permit issued under this title or who undertakes work or use of an improvement without first obtaining any permit required under this title or fails to comply with a cease and desist order issued under these regulations shall also be subject to a civil penalty not to exceed $1,000 for each violation. Each permit violation or each day of continued work and/or use without a required permit shall constitute a separate violation.
2. Aiding and Abetting. Any person who, through an act of commission or omission procedures, aids, or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.
B. Endangerment and/or Refusal to Protect Violations. In addition to incurring a civil liability under an action for abatement, the following acts or omissions because of their nature shall be instances of a gross misdemeanor and shall be punished by a fine of not less than $100.00 nor more than $1,000 or by imprisonment in the county jail for not more than 90 days for each separate offense, or by both such fine and imprisonment; provided, that the fine for each separate offence for the third and all subsequent violation in any five-year period shall be not less than $500.00 nor more than $10,000.
1. Maintaining an Unsafe Condition. Any person who maintains a building or portion thereof, a plumbing system or portions thereof, a mechanical system or portion thereof, or conducts and/or allows the conducting of a regulated activity in a manner that is an endangerment to the premises, occupants and/or the public at large shall be guilty of a gross misdemeanor.
2. Failure to Comply with Final Notice and Order to Abate. If, after any order to abate of the building official or fire marshal or fire chief or board of appeals made pursuant to this title has become final, the person or persons to whom such order is directed shall fail, neglect or refuse to obey such order is guilty of a gross misdemeanor.
3. Failure to Vacate. If, after any order to vacate of the building official or fire marshal or fire chief has become final and the property has been conspicuously posted, any person who remains on or re-enters the property without a permit shall be guilty of a gross misdemeanor.
C. Violator Liabilities – Damages, Attorney’s Fees/Costs. Any person subject to the regulatory provisions of this title who violates any provision thereof or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to a safe condition. (Ord. 592 § 2, 2002).
15.04.080 Violations declared a public nuisance.
All violations of this title are hereby declared a public nuisance and shall be abated in a manner as prescribed by Chapter 15.08 TMC. (Ord. 592 § 2, 2002).