Chapter 15.01
GENERAL PROVISIONS
Sections:
15.01.020 Application and scope.
15.01.050 Time limitation of application.
15.01.070 Schedule of permit fees.
15.01.100 Building code appeals – Hearing examiner.
15.01.010 Purpose.
A. The purpose of the codes and regulations adopted in this title is to provide for and promote the health, safety and welfare of the general public, and 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 these codes and regulations.
B. The building code of the city of Tumwater, as it shall be referred to herein, shall include but not be limited to those certain documents, being marked and designated as the International Building Code, International Existing Building Code, International Residential Code, International Mechanical Code, International Fire Code, International Property Maintenance Code, 2018 Editions, including the appendix chapters noted herein, the ICC G1-2010 Guideline for Replicable Buildings as published by the International Code Council, the Uniform Plumbing Code, 2018 Edition, including the appendix chapters noted herein, as published by the International Association of Plumbing and Mechanical Officials, and the Washington State Energy Code, 2018 Edition, published by the Washington State Building Code Council. The above-referenced documents as amended by the State Building Code Council are hereby adopted as the building codes of the city of Tumwater, in the state of Washington, for regulating and governing the conditions and maintenance of all property, buildings and structures, by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said building code are hereby referred to, adopted and made a part hereof, as if fully set out in this title, with the additions, insertions, deletions and changes, if any, prescribed in the following sections of this title.
(Ord. O2021-005, Amended, 03/02/2021; Ord. O2016-031, Amended, 12/06/2016; Ord. O2013-008, Amended, 06/18/2013; Ord. O2010-017, Added, 12/21/2010)
15.01.020 Application and scope.
The provisions of this title shall apply to all new construction, relocated buildings, and to any alterations, repairs or reconstruction, except as provided for otherwise in this title.
(Ord. O2010-017, Added, 12/21/2010)
15.01.030 Interpretation.
A. Whenever the following words appear in the codes and regulations adopted by this title, they shall be interpreted as follows:
1. “Administrative authority” shall mean the building official.
2. “Board of appeals” shall mean the hearing examiner appointed by the city.
3. “Chief,” “fire chief” or “chief of the bureau of fire prevention” shall mean the fire chief of the city of Tumwater.
4. “Finance director” shall mean the finance director.
5. “Corporation counsel” shall mean the city attorney.
6. “Municipality” and “jurisdiction” shall mean the city of Tumwater.
B. Whenever reference is made to local authority, codes, jurisdiction and similar concepts within the codes adopted by this chapter, interpretation shall render such reference applicable to the applicable city designation, jurisdiction and authority.
(Amended during 2011 reformat; O2010-017, Added, 12/21/2010)
15.01.040 Copies of codes.
The city shall, at all times, keep on file with the city clerk for reference by the general public not less than one copy of the codes and regulations, or parts thereof, as are adopted by this title.
(Ord. O2010-017, Added, 12/21/2010)
15.01.050 Time limitation of application.
Applications for which no permit is issued within one hundred eighty days following the date of the application or completion of the initial plan review shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding one hundred eighty days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application extension fee shall be paid at the time the extension is requested. The fee shall be paid in accordance with the fee schedule established by resolution of the Tumwater city council. No application shall be extended more than two times. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new application fee. For purposes of this section, the application fee shall be the plan review fee collected at the time the application is submitted for review. When the application does not require the submittal of plans for plan review, the application fee shall be paid in accordance with the fee schedule established by resolution of the Tumwater city council.
(Ord. O2010-017, Added, 12/21/2010)
15.01.060 Expiration.
A. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time or if no required inspections have been approved after the work is commenced for a period of one hundred eighty days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. Permits that have not been renewed under the provisions of this section and have not been active for one year from date of last action shall be deemed expired and new applications and permits will be required.
B. Any permittee holding an unexpired permit may apply for an extension of time within which work may commence under that permit. The building official may extend the time for action by the permittee for a period not exceeding one hundred eighty days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than twice. The fee for extension of a permit shall be paid in accordance with the fee schedule established by resolution of the Tumwater city council.
(Ord. O2010-017, Added, 12/21/2010)
15.01.070 Schedule of permit fees.
All fees for permits or other approvals required in this title shall be as currently adopted or as may be amended from time to time by resolution of the Tumwater city council. Copies of all fee schedules and any subsequent amendments thereto shall be maintained and available for public review at the office of the city clerk during regular business hours or on the city website at http://www.ci.tumwater.wa.us.
(Ord. O2010-017, Added, 12/21/2010)
15.01.080 Refunds.
A. The building official may authorize the refund of:
1. One hundred percent of any fee erroneously paid or collected.
2. Eighty percent of the permit fee paid when no work has been done under a permit issued in accordance with this code; and further provided, that the permit has not expired.
3. Eighty percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is done.
B. The building official shall not authorize refund of any fee paid except upon written request filed by the permittee not later than sixty calendar days after the date of fee payment.
(Ord. O2010-017, Added, 12/21/2010)
15.01.090 Reinspection.
A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card is not posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection was requested, or for deviating from plans requiring approval of the building official. To obtain a reinspection, the applicant shall pay the reinspection fee in accordance with the fee schedule established by resolution of the Tumwater city council. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the reinspection fees have been paid.
(Ord. O2010-017, Added, 12/21/2010)
15.01.100 Building code appeals – Hearing examiner.
A. General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the building, fire, plumbing, mechanical, property maintenance and energy codes, appeals may be made to the Tumwater hearing examiner within fourteen days of final decision or determination pursuant to TMC Chapter 2.58.
B. Limitations of Authority. The Tumwater hearing examiner shall have no authority relative to interpretation of the administrative provisions of the building and fire codes nor shall the Tumwater hearing examiner be empowered to waive requirements of the codes.
(Ord. O2010-017, Added, 12/21/2010)
15.01.110 Enforcement.
All violations of the codes adopted under this title are hereby determined to be detrimental to the public health, safety, and welfare and are hereby declared public nuisances. Notwithstanding any provision to the contrary, civil enforcement of the provisions of this title and the terms and conditions of any permit or approval issued pursuant to this title shall be governed by TMC Chapter 1.10, Civil Enforcement of Code. Civil enforcement is in addition to and does not limit any other forms of enforcement available to the city, including, but not limited to, criminal sanctions as specified herein or in TMC Chapter 1.10, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this chapter.
(Ord. O2010-017, Added, 12/21/2010)