Chapter 15.01
BUILDING CODES

Sections:

15.01.010    Adoption of building codes.

15.01.019    Definitions.

15.01.020    Administration, permits and fees.

15.01.022    Contractor licensing.

15.01.025    Obligation of the parties amended.

15.01.026    Adoption of the International Fire Code.

15.01.027    Single-family and multiple-family residential developments.

15.01.028    Adoption of the International Property Maintenance Code.

15.01.040    Cedar shakes and shingles prohibited.

15.01.050    Violations and penalties.

15.01.060    Savings clause.

15.01.070    Severability.

15.01.010 Adoption of building codes.

All building and building-related codes as currently adopted, or as shall be adopted in future enactments by the state of Washington pursuant to the Revised Code of Washington (RCW) 19.27.031, together with all amendments as currently enacted, or as shall be enacted by the state of Washington, are hereby adopted as, and are herein referred to as, the building codes for the city of West Richland; provided, that all additions, deletions, and amendments as set forth in this title are also adopted.

For reference purposes only, the current building codes as of July 1, 2018, for the city of West Richland consist of the following:

A. International Building Code as published by the International Code Council, Inc., and as amended by the state of Washington, together with Appendix J “Grading,” and Appendix E “Supplementary Access,” and together with ICC/ANSI A117.1.

B. International Residential Code as published by the International Code Council, Inc., and as amended by the state of Washington, together with Appendix G; except for Chapters 11 through Chapter 43, which are not adopted.

C. International Mechanical Code as published by the International Code Council, Inc., and as amended by the state of Washington.

D. International Fuel Gas Code as published by the International Code Council, Inc., and as amended by the state of Washington.

E. Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, Inc., and as amended by the state of Washington, together with Appendices A, B, and I; together with additional standards as adopted by the state pursuant to Chapters 19.27 and 34.05 RCW.

F. Washington State Energy Code, Chapters 51-11C and 51-11R WAC, latest state-adopted edition.

G. International Swimming Pool and Spa Code as published by the International Code Council, Inc., and as amended by the state of Washington.

H. International Existing Building Code, as published by the International Code Council, Inc., and as amended by the state of Washington

I. Portions of the International Wildland Urban Interface Code, published by the International Code Council, Inc., as set forth in RCW 19.27.560. [Ord. 4-19 § 1, 2019; Ord. 35-13 § 1, 2013; Ord. 17-10 § 1, 2010; Ord. 34-04 § 1, 2004].

15.01.019 Definitions.

Except where specifically defined herein, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word “shall” is mandatory and, when applied to the actions of public officers, directory; the word “may” denotes a use of discretion.

“Addition” means an extension or increase in floor area or height of a building or structure.

“Alter” or “alteration” means a change or modification of a building, structure or building service equipment.

“Approved,” as to materials, types of construction, equipment and systems, means and refers to approval by the building official as the result of investigation and tests conducted by the building official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

“Approved agency” means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services when the agency has been approved by the building official.

“Building” means a structure used or intended for supporting or sheltering a use or occupancy.

“Building official” means the officer or other designated authority charged with the administration and enforcement of code, or regularly authorized deputy thereof.

“Existing building” means a building erected prior to the adoption of Ordinance 15-16, or one for which a legal building permit has been issued and approved.

“IBC” means the latest edition of the International Building Code promulgated by the International Code Council as adopted by this jurisdiction.

“IEBC” means the latest edition of the International Existing Building Code promulgated by the International Code Council as adopted by this jurisdiction.

“IFC” means the latest edition of the International Fire Code promulgated by the International Code Council as adopted by this jurisdiction.

“IMC” means the latest edition of the International Mechanical Code promulgated by the International Code Council as adopted by this jurisdiction.

“IPMC” means the latest edition of the International Property Maintenance Code promulgated by the International Code Council as adopted by this jurisdiction.

“IRC” means the latest edition of the International Residential Code promulgated by the International Code Council as adopted by this jurisdiction.

“Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.

“Owner” means any person, agent, firm, or corporation having legal or equitable interest in the property.

“Permit” means an official document or certificate issued by the building official authorizing performance or specified activity.

“SBCC” means the Washington State Building Code Council.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

“UPC” means the latest edition of the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials as adopted by this jurisdiction.

“Valuation” or “value,” as applied to a building or building service equipment, means and shall be the estimated cost to build or replace a building and its building service equipment in kind, based on current replacement costs. It shall also include the contractor’s overhead and profit. [Ord. 4-19 § 1, 2019].

15.01.020 Administration, permits and fees.

Chapter 1 of the International Building Code and Chapter 1 of the International Residential Code are hereby amended by the following additions, deletions, and exceptions. Section numbers referenced here are to the International Building Code with the International Residential Code referenced by “R” and the section number in parentheses. Notwithstanding these section numbers referenced from the current codes, all additions, deletions, and exceptions as noted herein shall apply to all future codes adopted by the state of Washington and thence adopted as the building codes for the city of West Richland.

Section 105.1.1, Annual permit. Delete this entire subsection. Annual permits shall not be issued within the city of West Richland.

Section 105.1.2, Annual permit records. Delete this entire subsection. Annual permit records shall not be valid within the city of West Richland.

Section 105.2 (R105.2), Work exempt from permit, shall be amended to read as follows:

Exemptions from permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction.

A. Building permits shall not be required for the following:

1.    One-story detached residential accessory structures used as tool and storage sheds, tree-supported play structures. playhouse and similar uses, provided the floor area does not exceed 200 square feet (11.15 m2);

2.    Fences not over seven feet (2134 millimeters) high: (Zoning review shall still be required)

3.    Decks that are not more than 30 inches above grade, measured vertically from grade to any point horizontally within 36 inches of any open side.

4.    Oil derricks.

5.    Retaining walls, which are not over four feet (1,219 millimeters) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids;

6.    Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 liters) and the ratio of height to diameter or width does not exceed two to one;

7.    Sidewalks and driveways not more than 30 inches (762 millimeters) above grade, and not over any basement or story below, and decks that are not attached to a dwelling and do not serve the required exit door;

8.    Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;

9.    Replacement of siding for accessory structures, not intended for human occupancy, that are associated with a single-family residence structures;

10.    Temporary motion picture, television and theater stage sets and scenery;

11.    Prefabricated swimming pools accessory to a Group R-3 occupancy, which are less than 24 inches (610 millimeters) deep, do not exceed 5,000 gallons (18,925 liters) and are installed entirely above ground;

12.    Shade cloth structures constructed for nursery or agricultural purposes, not including service systems;

13.    Swings, slides and other similar playground equipment;

14.    Window awnings in single-family residences (R-3) and Group U occupancies, supported by an exterior wall which do not project more than 54 inches (1,372 millimeters) from the exterior wall and do not require additional support;

15.    Movable cases, counters and partitions not over five feet nine inches (1,753 millimeters) in height,

16.    Satellite earth station antennas six and one-half feet (two meters) or less in diameter or diagonal in zones other than residential zones.

17.    Satellite earth station antennas three and one-quarter feet (one meter) or less in diameter in residential zones.

18.    Video programming service antennas three and one-quarter feet (one meter) or less in diameter or diagonal dimension, regardless of zone,

19.    Window replacement in single-family residences as long as the replacement does not reduce the egress, safety glazing, or energy requirements and the structural opening for said window replacement remains the same.

Section 105.3.2 (R105.3.2), Time limitation of application. This section is hereby amended to read as follows:

Time limitation of application: Applications for which no permit is issued within one year following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with state law by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days. Extensions shall be requested in writing and justifiable cause demonstrated.

Applications may be canceled for inactivity, if an applicant fails to respond to the department’s written request for revisions, corrections, actions or additional information within 90 days of the date of request; the Building Official may extend the response period beyond 90 days if within the original 90-day time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the department.

The Building Official may extend the life of an application if any of the following conditions exist:

1.    Compliance with the State Environmental Policy Act is in progress; or

2.    Any other city review is in progress; provided the applicant has submitted a complete response to city requests or the Building Official determines that unique or unusual circumstances exist that warrant additional time for such response, and the Building Official determines that the review is proceeding in a timely manner toward final city decision; or

3.    Litigation against the city or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.

Section 105.5 (R105.5), Expiration. This section is hereby amended to read as follows:

Expiration: Every permit issued shall expire 2 years from the date of issuance. The Building Official is authorized to approve a request for an extended expiration date, where a construction schedule is provided by the applicant and approved prior to permit issuance.

Every permit may be renewed for a period of 1 year beyond the original expiration date for an additional fee equal to 50% of the original permit fees, as long as no changes have been made to the originally approved plans and new building codes have not been adopted. Renewals must be applied for prior to the expiration date of the original permit. Paid impact fees and utility connection charges will not be required to be paid again. No permit shall be renewed more than once.

Mechanical and plumbing permits shall expire at the same time as the associated building permit except that if no associated building permit is issued, the mechanical and/or plumbing permit shall expire 180 days from the date of issuance. The Building Official is authorized to approve a request for an extended expiration date of mechanical and/or plumbing permits associated with a building permit when a construction schedule is provided by the applicant and approved prior to permit issuance. There shall be no extensions of stand-alone mechanical and/or plumbing permits under this subsection.

The City may authorize an extension to the expiration date up to 30 days beyond the written date of notification with no additional fee when only the final building inspection is remaining and all other work has been approved. If work required under a final inspection is not completed within the 30-day extension period, the permit shall expire.

Section 107 General. This section shall be amended as follows:

Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application.

Professional preparation of plans: The City of West Richland shall require a Washington licensed design professional, licensed under the provisions of Chapter 18.08 or 18.43 RCW or WAC Chapter 308-12, to prepare or oversee the preparation of plans for any commercial building or structure, any building or structure containing five or more residential dwelling units, or doing design work including preparing construction contract documents and administering the contract for construction. erection. enlargement. alteration, or repairs to a building of any occupancy over 4,000 square feet of construction. Plans that are not designed to prescriptive methods shall require a design prepared and stamped by an engineer licensed by the state of Washington.

Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the building code.

Section 108.2 (R.108.2), Schedule of permit fees. This section shall be amended as follows:

Building Fees for building permits and related inspections shall be as set forth in the West Richland master fee schedule. The valuation of construction used for the calculation of the building permit fee from the master fee schedule shall be the greater of either the valuation noted in the master fee schedule or the declared valuation of construction from the applicant for the permit.

The declared valuation shall include the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment. Valuations not shown in the West Richland master fee schedule shall be based on the “Building Valuation Data” as published in the Building Safety Journal by the International Code Council, Inc., or shall be as determined by the Building Official to reflect the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment.

The West Richland master fee schedule valuations shall be updated each year and shall incorporate changes from the “Building Valuation Data” as published in the Building Safety Journal by the International Code Council, Inc., except that those mathematical formulas presented in the “Building Valuation Data” which calculate fees shall not be incorporated or adopted.

Plan Review. Fees for review and examination of required construction plans and/or construction data shall be set as established in the West Richland master fee schedule. All plan review fees shall be in addition to the building permit fee and shall be payable at the time of permit application submittal. Additional plan review required by changes, additions, corrections, or revisions made to the plans after completion of the plan review or after issuance of the building permit shall be required to pay a fee as shown in the West Richland master fee schedule.

Additional fees. Per RCW 19.27.085.

Residential Building Permit Fee to SBCC for each building permit see the West Richland master fee schedule.

Commercial Building Permit fee to the SBCC for each Building Permit see the West Richland master fee schedule.

Grading. Fees for grading permits, for review of grading plans, and for related inspections shall be as set forth in the West Richland master fee schedule.

Factory-Assembled Structures. Not withstanding any other provision of the West Richland Municipal Code, fees for installation of a factory-assembled structure, including structures meeting the requirements of Title 17 of the West Richland Municipal Code for manufactured homes or designated manufactured homes, as set forth in the West Richland master fee schedule. Fees for building permits for structures attached to a factory-assembled structure, including, but not limited to, garages that are not structurally dependent upon the factory-assembled structure for support, shall be as noted above for building permits and plan review based on valuation of construction. Where a conflict exists between the fee noted here and fees described in other titles of the West Richland Municipal Code, the fee noted here shall apply. Factory-assembled structures constructed prior to June 15, 1976, shall be required to undergo inspection and approval by the State of Washington, Department of Labor and Industries, prior to issuance of the installation permit.

Section 110.1 (R.110.1), Use and occupancy. The following paragraphs shall be added to this section:

The Building Official shall not issue a certificate of occupancy until approval has been obtained from all City of West Richland departments and divisions and from all State of Washington and Federal agencies having jurisdiction or authority over the building project. The finance manager, or currently designated person responsible for finances and accounting, of the City of West Richland is authorized and directed to deny any requests for utility services, including, but not limited to, electrical service, solid waste removal, water service, and sewer service, on a permanent-user basis, unless the applicant demonstrates that the building for which such service is requested has been issued a certificate of occupancy or temporary certificate of occupancy by the Building Official. Provisional utility services may be provided to the extent necessary for construction of the building prior to issuance of such a certificate so long as the building is not used or occupied.

Section 112.1 (R.112.1), General. This section shall be amended as follows:

The Board of Appeals as described in this section shall mean the Mid-Columbia Board of Appeals as currently established by the jurisdictions of the City of Richland, the City of Kennewick, the City of West Richland, the City of Pasco, Benton County, and Franklin County, together with such other jurisdictions as currently constitute the Mid-Columbia Board of Appeals. The Board of Appeals as described in other codes adopted herein as the Building Codes for the City of West Richland shall also mean the Mid-Columbia Board of Appeals.

[Ord. 19-19 § 1 (Exh. A), 2019; Ord. 4-19 § 1, 2019; Ord. 35-13 § 1, 2013; Ord. 17-10 § 1, 2010; Ord. 7-10 § 7, 2010; Ord. 34-04 § 1, 2004].

15.01.022 Contractor licensing.

The following section shall be added to read as follows:

All contractors and sub-contractors shall have a valid and current business license to conduct business within the City of West Richland pursuant to the West Richland Municipal Code and shall have a valid and current contractor’s license and registration with the State of Washington, Department of Labor and Industries per RCW Chapter 18.27, prior to commencing any actual construction work within the City of West Richland.

[Ord. 4-19 § 1, 2019].

15.01.025 Obligation of the parties amended.

A. In the event of a violation of Sections 110 and R110 above provided, it shall be presumed as a matter of law that the person or persons who obtained the building permit or permits for the construction of the structure or building in question caused or allowed the occupancy of the structure or building in violation of the above-stated provision.

B. It shall be a violation of this code for any person or persons to cause or allow the occupancy of a dwelling within category R-3 by any third person or persons where no certificate of occupancy has first been issued. [Ord. 4-19 § 1, 2019; Ord. 35-13 § 1, 2013; Ord. 17-10 § 1, 2010; Ord. 34-04 § 1, 2004].

15.01.026 Adoption of the International Fire Code.

International Fire Code as published by the International Code Council, Inc., and as amended by the state of Washington, together with Appendices B, C, D, E, F, and G.

The following sections to the International Fire Code are hereby amended:

A. IFC 308.1.6.3, Sky Lanterns, is hereby amended to be read as follows:

Sky Lanterns: The use of Sky Lanterns is prohibited. Sky Lanterns are airborne paper lanterns similar to a mini hot air balloon, also known as Kongming Lanterns (wish lanterns), which are also referred to as Chinese lanterns, sky candles or fire balloons. As such Sky Lanterns are considered open burning, and are not controlled once they are airborne.

B. Fire apparatus access roads per WAC 51-54A-0503.

Fire apparatus access roads shall be provided and maintained in accordance with locally adopted street, road, and access standards. Maintainance shall be the responsibility of the property owner / owners to which the fire lane services.

C. Penalty for violations.

Any person who fails to mark or maintain a designated fire lane as prescribed in this chapter, or who parks a vehicle in, allows the parking of a vehicle in, obstructs or allows the obstruction of a designated fire lane is guilty of an infraction. The maximum penalty for failing to mark or maintain a designated fire lane shall be not more than a fine of $150.00. The maximum penalty for parking a vehicle in, allowing the parking of a vehicle in, obstructing, or allowing the obstruction of a designated fire lane, shall be not more than a fine of $150.00. Each day or part of a day during which the unlawful act or violation occurs shall constitute a separate offense. There shall be a penalty of $25.00 for failure to respond to the notice of this infraction. The local court shall impose this monetary penalty for failure to respond, pursuant to RCW 46.63.110(3).

D. Exceptions to IFC model provisions. The following sections of the International Fire Code as adopted are amended to read as follows:

503.2.1 Dimensions. Fire apparatus access roads, other than those governed above, or on private property, shall have an obstructed width of not less than 20 feet (6,096 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm). Emergency Vehicle access roads shall be constructed in accordance with City of West Richland Municipal Code and standards.

503.2.7 Grade. The grade of the fire apparatus access road shall be no more than 10% slope. Access roads may be permitted to exceed 10% with approval of the fire official, where all buildings are provided with an approved fire sprinkler system.

E. The following subsections of Section 912 are hereby amended to read as follows:

912.2.1 Visible Location. Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access and within fifty (50) feet from a fire hydrant or as otherwise approved by the fire chief.

912.3.1 Locking Fire Department Connection Caps. The fire code official is authorized to require Knox locking caps on the fire department connections for water based fire protection systems where the responding fire department carries appropriate key wrenches for removal.

[Ord. 4-19 § 1, 2019; Ord. 35-13 § 1, 2013; Ord. 17-10 § 1, 2010].

15.01.027 Single-family and multiple-family residential developments.

Appendix D, Sections 106 and 107 of the International Fire Code as adopted are hereby amended to read· as follows:

SECTION D106 MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS.

D106.1 Projects having more than 100 dwelling units.

Single-family and mulitiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.

Exception: Projects having more than 100 dwelling units may have a single approved fire apparatus access road when all buildings, including nonresidential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1, or 903.3.1.2, or 903.3.1.3 of the International Fire Code.

D106.2 Projects having more than 200 dwelling units.

Multiple family residential projects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads, regardless of whether they are equipped with an approved automatic sprinkler system.

SECTION D107 ONE OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS.

D107.1 One and two-family residential developments. Developments of one- or two-family dwellings where the number of dwellings units exceeds 30 shall be provided with two separate and approved fire apparatus access roads.

Exceptions: Where there are more than 30 dwelling units on a single public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2, 903.3.1.3 of the International Fire Code, access from two directions shall not be required.

2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the Fire Code Official.

[Ord. 4-19 § 1, 2019].

15.01.028 Adoption of the International Property Maintenance Code.

The provisions of the International Property Maintenance Code are hereby adopted and shall apply to the maintenance of buildings and private property.

Fees. The fee provisions of the International Property Maintenance Code are not adopted.

Weeds. The weed provisions of the International Property Maintenance Code are not adopted.

Motor Vehicles. The motor vehicle provisions of the International Property Maintenance Code are not adopted.

Insect Screens. The insect screen provisions of the International Property Maintenance Code are not adopted.

Doors. The door provisions of the International Property Maintenance Code are not adopted.

[Ord. 4-19 § 1, 2019].

15.01.040 Cedar shakes and shingles prohibited.

The use of cedar shakes or cedar shingles, or roofing material of wood with similar flame spread characteristics, or other roofing material with similar flame spread characteristics, is hereby prohibited on all new construction. Replacement, repair, or additions onto existing single-family structures or buildings with existing cedar shakes or existing cedar shingles or existing wood roofing materials with similar flame spread characteristics is permitted, provided any replacement areas and all new roofing areas use Class C or higher fire-retardant treated shakes or shingles on the roof. The use of wood siding of any type shall not be prohibited except as provided in the adopted building codes of this chapter. [Ord. 4-19 § 1, 2019; Ord. 35-13 § 1, 2013; Ord. 17-10 § 1, 2010; Ord. 34-04 § 1, 2004].

15.01.050 Violations and penalties.

Any person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than $5,000, or by imprisonment for not more than one year, or both such fine and imprisonment.

For any violation of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the above penalty for each offense. [Ord. 4-19 § 1, 2019; Ord. 35-13 § 1, 2013; Ord. 17-10 § 1, 2010; Ord. 34-04 § 1, 2004].

15.01.060 Savings clause.

Nothing contained in any provision of this chapter shall apply to an offense charged at any time prior to the date upon which this chapter is effective. Any such offense shall be punished according to the provision of the ordinances or other laws in effect when such offense was charged in the same manner as if this chapter had not been enacted. [Ord. 4-19 § 1, 2019; Ord. 35-13 § 1, 2013; Ord. 17-10 § 1, 2010; Ord. 34-04 § 1, 2004].

15.01.070 Severability.

The provisions of this chapter are declared to be separate and severable, and the invalidity of any section, subsection, provision, clause or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. [Ord. 4-19 § 1, 2019; Ord. 35-13 § 1, 2013; Ord. 17-10 § 1, 2010; Ord. 34-04 § 1, 2004].