Chapter 15.01
BUILDING CODES

Sections:

15.01.010    State Building Code adopted.

15.01.020    International Property Maintenance Code adopted.

15.01.030    Repealed.

15.01.040    Coordination required with other officials.

15.01.050    Fees.

15.01.010 State Building Code adopted.

A. The city adopts by reference the State Building Code and all of the codes of state-wide application which are adopted by the State Building Code Council, as currently published, and all future changes or additions thereto in order that such changes and additions shall be implemented by the city concurrently with the effective date of the adoption of any addition or amendment of such code by the State Building Code Council, including, but not limited to:

1. Except as set forth below, the International Building Code (IBC) published by the International Code Council, Inc., with additions, deletions and exceptions as provided by Chapter 51-50 WAC which includes the adoption of Appendix E, Supplementary Accessibility Requirements, together with ICC/ANSI A117.3-2003, and Appendix M and the 2009 International Existing Building Code. The following appendices are specifically adopted:

Appendix F, Rodent Proofing.

Appendix I, Patio Covers.

a. The IBC sections referenced below are amended as follows:

Delete IBC Section 105.2.1.

Amend IBC Section 113, Board of Appeals, to read as follows:

113.1 General. The City’s Hearing Examiner shall act as the board of appeals under the International Building Code. The Hearing Examiner may adopt rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official. Copies of all rules and regulations adopted shall be delivered to the Building Official, who shall make them freely accessible to the public.

113.2 Limitations on Authority. The board of appeals shall have no authority relative to interpretation of the administration of this code nor shall the board be empowered to waive requirements of this code.

113.3 Appeals. Decisions of the Hearing Examiner shall be the final City decision on the matter. The Land Use Petition Act, RCW 36.70C, shall govern appeals of hearing examiner decisions as to appellate procedure and deadlines.

2. Except as set forth below, the International Residential Code (IRC), published by the International Code Council, Inc., with additions, deletions and exceptions as provided by Chapter 51-51 WAC which includes the adoption of Appendices F, Radon Control Methods, and H, Patio Covers, and provides that Chapters 11 and 25 through 42 are not adopted. The following appendix is specifically adopted:

Appendix J, Existing Buildings and Structures.

a. The IRC sections referenced below are amended as follows:

Amend IRC Section R105.2.1 to read as follows:

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.

Amend IRC Section R112, Board of Appeals, to read as follows:

R112.1 General. The City’s Hearing Examiner shall act as the board of appeals under the International Residential Code. The Hearing Examiner may adopt rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official. Copies of all rules and regulations adopted shall be delivered to the Building Official, who shall make them freely accessible to the public.

R112.2 Limitations on authority. The board of appeals shall have no authority relative to interpretation of the administration of this code nor shall the board be empowered to waive requirements of this code.

R112.3 Appeals. Decisions of the Hearing Examiner shall be the final City decision on the matter. The Land Use Petition Act, RCW 36.70C, shall govern appeals of hearing examiner decisions as to appellate procedure and deadlines.

3. Except as set forth below, the International Mechanical Code (IMC), published by the International Code Council, Inc., with additions, deletions and exceptions as provided by Chapter 51-52 WAC which requires that the standards for liquefied petroleum gas installations shall be regulated by NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1 NFPA 54 (National Fuel Gas Code). The following appendix is specifically adopted:

Appendix A, Combustion Air Openings and Chimney Connector Pass-Through(s).

a. The IMC sections referenced below are amended as follows:

Amend IMC Section 109, Means of Appeal, to read as follows:

109.1 General. The City’s Hearing Examiner shall act as the board of appeals under the International Mechanical Code. The Hearing Examiner may adopt rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official. Copies of all rules and regulations adopted shall be delivered to the Building Official, who shall make them freely accessible to the public.

109.2 Limitations on authority. The board of appeals shall have no authority relative to interpretation of the administration of this code nor shall the board be empowered to waive requirements of this code.

109.3 Appeals. Decisions of the Hearing Examiner shall be the final City decision on the matter. The Land Use Petition Act, RCW 36.70C, shall govern appeals of hearing examiner decisions as to appellate procedure and deadlines.

4. Except as set forth below, the International Fire Code (IFC), published by the International Code Council, Inc., with additions, deletions and exceptions as provided by Chapter 51-54 WAC 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; and provided further, that notwithstanding provisions to the contrary in the International Fire Code in Sections 302, 307 and 105.6.31 thereof, open burning and recreational fires shall be prohibited. “Open burning” is defined as the kindling or maintaining of a fire on any public street, alley, road, or other public or private ground. “Recreational fire” is defined as an outdoor fire burning materials where the fuel being burned is not contained in a barbecue grill for cooking purposes. The following appendices are specifically adopted:

Appendix B, Fire Flow Requirements for Buildings.

Appendix C, Fire Hydrant Locations and Distribution.

a. The IFC sections referenced below are amended as follows:

Amend Section 108 of the International Fire Code, Board of Appeals, to read as follows:

108.1 General. The City’s hearing examiner shall act as the board of appeals under the International Fire Code. The hearing examiner may adopt rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Copies of all rules and regulations adopted shall be delivered to the building official, who shall make them freely accessible to the public.

108.2 Limitations on Authority. The board of appeals shall have no authority relative to interpretation of the administration of this code nor shall the board be empowered to waive requirements of this code.

108.3 Appeals. Decisions of the hearing examiner shall be the final City decision on the matter. The Land Use Petition Act, RCW 36.70C, shall govern appeals of hearing examiner decisions as to appellate procedure and deadlines.

5. Except as set forth below, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials; with additions, deletions and exceptions as provided by Chapters 51-56 and 51-57 WAC which state that that Chapters 12 and 15 are not adopted; also not adopted are 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.

a. The UPC sections referenced below are amended as follows:

Add the following as UPC Section 104, Board of Appeals:

104.1 General. The City’s Hearing Examiner shall act as the board of appeals under the Uniform Plumbing Code. The Hearing Examiner may adopt rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official. Copies of all rules and regulations adopted shall be delivered to the Building Official, who shall make them freely accessible to the public.

104.2 Limitations on authority. The board of appeals shall have no authority relative to interpretation of the administration of this code nor shall the board be empowered to waive requirements of this code.

104.3 Appeals. Decisions of the Hearing Examiner shall be the final City decision on the matter. The Land Use Petition Act, RCW 36.70C, shall govern appeals of hearing examiner decisions as to appellate procedure and deadlines.

6. Chapter 51-11 WAC, the Washington State Energy Code.

B. Code Precedence. The State Building Code Act, Chapter 19.27 RCW, establishes the following order of precedence among the documents adopted as parts of the State Building Code:

International Building Code, Standards and amendments – Chapter 51-50 WAC;

International Residential Code, Standards and amendments – Chapter 51-51 WAC;

International Mechanical Code, Standards and amendments – Chapter 51-52 WAC;

International Fire Code, Standards and amendments – Chapter 51-54 WAC;

Uniform Plumbing Code, Standards and amendments – Chapters 51-56, 51-57 WAC.

Where there is a conflict between codes, an earlier named code takes precedence over a later named code. In the case of conflict between the duct insulation requirements of the International Mechanical Code and the duct insulation requirements of the Energy Code, the Energy Code, or where applicable, a local jurisdiction’s energy code, shall govern.

C. Changes or additions to the above-referenced codes shall be implemented concurrently with the effective date of any such changes or additions. (Ord. 2010-12 § 1, 2010; Ord. 2005-6, 2005; Ord. 2004-6 § 1, 2004).

15.01.020 International Property Maintenance Code adopted.

The city adopts the International Property Maintenance Code as published by the International Code Council, Inc., and as hereafter amended. Changes or additions shall be implemented concurrently with the effective date of new editions of the International Building Code.

A. International Property Maintenance Code (IPMC). The city hereby amends the IPMC as follows:

Amend IPMC Section 111, Means of Appeal, to read as follows:

111.1 General. The City’s Hearing Examiner shall act as the board of appeals under the International Property Maintenance Code. The Hearing Examiner may adopt rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official. Copies of all rules and regulations adopted shall be delivered to the Building Official, who shall make them freely accessible to the public.

111.2 Limitations on authority. The board of appeals shall have no authority relative to interpretation of the administration of this code nor shall the board be empowered to waive requirements of this code.

111.3 Appeals. Decisions of the Hearing Examiner shall be the final City decision on the matter. The Land Use Petition Act, RCW 36.70C, shall govern appeals of hearing examiner decisions as to appellate procedure and deadlines.

Add the following sections to IPMC Chapter 3, General Requirements:

Section 310. Drug Properties and Structures. It is hereby declared that any building, structure and/or associated property, identified by the City of Toppenish Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public, such building, structure and/or associated property is not only a dangerous property as defined by the City of Toppenish but is also a classification of property calling for the special procedures set forth in this section. The Building Official is authorized to abate such dangerous buildings, structures, and/or associated properties in accordance with the dangerous building procedures set forth in this code and Washington statute, RCW 64.44.010, with the following modifications:

310.1. Due to public safety hazard in drug production facilities, the utilities shall be disconnected;

310.2. Building(s) and structures shall be inspected to determine compliance with all City ordinances and codes;

310.3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code;

310.4. No reconnection of utilities or occupancy of the building(s), structures or property shall be allowed until all violations have been successfully addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and Chief of Police; and

310.5. If dangerous conditions cannot be abated, occupancy shall be prohibited. Resolution of said property shall be in conformance with RCW 35.80A.010, condemnation of blighted property.

311. Blighted Property. In conformance with RCW 35.80A.010, the City of Toppenish may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. A “blight on the surrounding neighborhood” is any property, dwelling, building, or structure that meets any two of the following factors:

311.1 If a dwelling, building, or structure exists on the property, the dwelling, building, or structure has not been lawfully occupied for a period of one year or more;

311.2 The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the City Manager or designee; or

311.3 The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. Prior to such condemnation, the City of Toppenish City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use.

(Ord. 2010-12 § 2, 2010).

15.01.030 International Existing Building Code adopted.

Repealed by Ord. 2010-12. (Ord. 2004-6 § 1, 2004).

15.01.040 Coordination required with other officials.

The building official in the enforcement and administration of this title shall coordinate with the following enumerated agencies prior to the issuance of any permit under this title. Where a permit of the type set forth below is required by the enumerated agency, the issuance of such permit shall be a condition precedent to the issuance of the permit under this title. Agencies and permits that are required to be coordinated under this section are:

Yakima County health district – On-site sewage disposal systems;

Toppenish hearing examiner – Conditional use permits, special property use permits, variances;

Toppenish administrator – Preliminary plats, short plats and binding site plans;

Toppenish shoreline administrator – Shorelines substantial development permit, final plat approval;

Toppenish director of public works – Road access permits; connection to public water and sewer, storm water control;

Toppenish fire marshal – Fire flow and hydrant requirements, fire code requirements;

Toppenish SEPA responsible official – Requirements of the State Environmental Policy Act (SEPA);

State of Washington Department of Labor and Industries – National Electrical Code, manufactured homes and commercial coaches.

Nothing within this section shall otherwise interfere with or limit the discretionary authority of the building official to confer with other departments and jurisdictions prior to the issuance of any permit required under this title pursuant to applicable sections of the various uniform codes adopted by reference in this title. (Ord. 2010-12 § 4, 2010).

15.01.050 Fees.

The fees to be charged by the city for permits and plan reviews that are applied for under the Building Code, International Building Code, International Residential Code, International Mechanical Code, and the Uniform Plumbing Code, all as adopted pursuant to this chapter, shall be as set forth on the city of Toppenish building permit and plan review fee schedule. Said fee schedule has been adopted by Ordinance 2006-22.

The fees to be charged by the city for permits and plan review that are applied for under the International Fire Code shall be established by resolution of the city council, as amended from time to time. (Ord. 2019-03 § 1, 2019; Ord. 2010-12 § 5, 2010; Ord. 2006-22, 2006; Ord. 2004-6 § 1, 2004).