HomeMy WebLinkAboutord2010-041 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010- 289
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: P n Wain Harrison 7 6 /p 7 / 27 / 10 Introduction
Division Head:
J.E.E. Ryan fLt4 q / D RECIE - VEC 7 8 / 10 / 10 Hearing
Dept. Sta /y eat
Prosecutor. JUL 2 0 2010 Revised version
Royce Buckingham r*. 7/7.? 9 / 28 / 2010 Introduction
Purchasing/Budget: WHATCOM COUNTY
Brad Bennett , COUNCIL 10 / 12 / 2010 Hearing
Executive: g.
Pete Kremen �i W. ;h 7 —/0
TITLE OF DOCUMENT:
Ordinance to adopt the 2009 editions of the International Codes, and the 2009 Uniform Plumbing Code,
consistent with State law and including WA State and Whatcom County Amendments to the Codes.
ATTACHMENTS:
Cover sheet, Ordinance and signature page
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
An ordinance to update and revise WCC Chapter 15 and adopt the 2009 editions of the International Codes
published by the International Code Council, the Uniform Plumbing Code, consistent with Washington State
law, also including the Washington State and Whatcom County Amendments to the 2009 International Codes. In
accordance with Washington State law, the adopted codes are to be effective July 1, 2010.
This ordinance adopts the 2009 editions of the IBC, IRC, IFC, IMC, IFGC, UPC, referenced standards, all
Washington State Amendments to the adopted codes and all Whatcom County Amendments to the adopted codes
for administration, appendices and enforcement, as set forth in WCC Chapter 15.
COMMITTEE ACTION: COUNCIL ACTION:
9 / 14 / 2010 : Amended . 7 / 27 / 2010 : Introduced
8 / 10 / 2010 : Referred to Planning & Development ' .
Committee on 9 / 14 / 2010
9 / 28 / 2010 : Introduced
10 / 12 / 2010 : Council Adopted 7 -0
Ord . 2010-041
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2010- 041
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County 's website at: www. co. whatcom. wa. us/council.
C:\DOCUME— 1\mstiles\LOCALS-1\Temp\XPgrpwise\09 I-Code agenda_bill.doc
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3 SPONSORED BY : Consent
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5 PROPOSED BY : PDS
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7 INTRODUCTION DATE : 9 / 28 / 2010
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9 ORDINANCE NO . 2010-041
10 An Ordinance adopting the Current State Building Code and Repealing the
11 Existing Title 15 of the Whatcom County Code
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13 Whereas, the Whatcom County Council held a public hearing on Oct . 12 , 2010
14 to review staff findings and recommendations, and to consider any public
15 testimony and written correspondence regarding Whatcom County Code Title 15 ,
16 Buildings and Construction ; and
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18 Whereas, chapter 19 . 27 RCW requires Whatcom County to administer and
19 enforce the State Building Code in the unincorporated areas within its
20 boundaries ; and
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22 Whereas, the purpose of these codes is to promote the health , safety and
23 welfare of the occupants or users of buildings and structures and the general
24 public by the provision of building codes in Whatcom County ; and
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26 Whereas, RCW 19 . 27 . 040 allows local jurisdictions to adopt appropriate
27 amendments to the State Building Code ; and
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29 Whereas, modifications and/or amendments to the State Building Code as it
30 applies to Whatcom County are desirable for various reasons ; and
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32 Whereas, the State Building Code Council requires adoption of the 2009 edition
33 of these International Codes ; the 2009 edition of the Uniform Plumbing Code ;
34 the 2009 edition of the State of Washington Energy Codes ; and the 2009
35 editions of the State of Washington Amendments and other referenced codes ,
36 with further Whatcom County amendments , by July 1 , 2010 ;
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38 NOW, THEREFORE, BE IT HEREBY ORDAINED that :
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40 Section 1 . Title 15 of the Whatcom County Code is repealed in its entirety :
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42 Section 2 . A new Title 15 is hereby adopted as shown in Exhibit A to this Ordinance .
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44 Section 3 . Adjudication of invalidity of any of the sections , clauses , or provisions of this
45 Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part
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1 thereof other than the part so declared to be invalid .
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5 ADOPTED this 12th day of October , 2010_ .
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,0 .� "( ( _
8 �C. �� •
9 ' `�� JA= � HR WHATCOM COUNTY COUNCIL
10 '�C� ' COuNTy � '% e .- WHATCOM COUNTY, WASHINGTON
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f 3 + �-;9
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15 Davy BroWcn -i7�vis , Qtrk of the Council Sam Crawford . Council Chair
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19 WHATCOM COUNTY EXECUTIVE
20 WHATCOM COUN , WASHINGTON
21 APPROVED AS TO O ' u
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25 Civil Deputy Prosecutor Pete Kremen , County Executive
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27 ( irICDproved ( ) Denied
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29 Date Signed : /C---/9---76
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EXHIBIT A
Chapter 15 .04
BUILDING CODES
Sections :
15 . 04 . 010 Adoption of referenced codes .
15 . 04 . 015 Department of Building Safety
15 . 04 . 020 Amendments to the International Building Code .
15 . 04 . 030 Amendments to the International Residential Code.
15 . 04 . 040 Amendments to the International Fire Code .
15 . 04 . 050 Permit expirations and violations of the above referenced
codes .
15.04. 010 Adoption of referenced codes .
Whatcom County hereby adopts the following codes, as amended by the
Washington State Building Code Council pursuant to RCW 19 . 27 . 074 and
Chapter 51 -50 WAC or successor, for the purpose of establishing rules
and regulations for the construction , alteration , removal , demolition ,
equipment, use and occupancy, location and maintenance of buildings
and structures , including permits and penalties .
A. The 2009 International Building Code , including Appendix B, except
as amended per Ordinance #2007-024 , Board of Appeals , and
including Appendices C , E and J , as published by the International
Code Council , hereinafter referred to as the IBC , as modified by
Chapter 51 -50 WAC . or successor, and as amended in WCC
15 . 04. 015 , 15 . 04. 020 and 15 . 04 . 050 is hereby adopted by
reference .
B . The 2009 International Residential Code , including Appendix E , G ,
K, R and S as published by the International Code Council ,
hereinafter referred to as the IRC , and as modified by Chapter 51 -
51 WAC or successor and as amended in WCC 15 . 04. 030 and in
15. 04 . 050 , is hereby adopted by reference with the following
additions , deletions and exceptions : Provided that chapters 11 and
25-43 of this code are not adopted .
C . The 2009 International Fire Code , including Appendices Al B , C ,
and D and latest supplements , as published by the International
Code Council , hereinafter referred to as the IFC, as modified by
Chapter 51 -54 WAC or successor, and as amended in WCC
15 . 04 . 040 and 15 . 04 . 050 .
D . The 2009 International Mechanical Code , including Appendix Al as
published by the International Code Council , hereinafter referred to
1
as the IMC , as modified by Chapter 51 -52 WAC and as amended by
WCC 15 . 04 . 050 or successor.
E . The 2009 International Fuel Gas Code, as published by the
International Code Council , hereinafter referred to as the IFGC , as
modified by Chapter 51 -52 WAC and as amended by WCC
15 . 04. 050 or successor.
F . The standards for liquefied petroleum gas installations shall be the
2008 edition of NFPA 58 (Liquefied Petroleum Gas Code) and the
2009 edition of ANSI Z223 . 1 /NFPA 54 (National Fuel Gas Code) ,
adopted by reference in WAC 51 -52 and as amended by WCC
15. 04. 050 or successor.
G . Except as provided in RCW 19. 27 . 170 , the 2009 Uniform Plumbing
Code , Uniform Plumbing Code Standards ( IAPMO/ANSI UPC 1 -
2009) , and including Appendix B , I and L, as published by the
International Association of Plumbing and Mechanical Officials ,
hereinafter referred to as the UPC , as modified by WAC 51 -56 and
51 -57 and as amended by WCC 15 . 04 . 050 or successor.
H . The rules adopted by the Washington State Building Code Council
establishing standards for making buildings and facilities accessible
and usable by the physically disabled or elderly persons as provided
in Chapter 51 -50 WAC , IBC Chapters 10 and 11 , IBC Appendix E
and ICC/ANSI A117 . 1 2003 or successor.
I . The 2009 Washington State Energy Code , adopted by reference in
WAC 51 - 11 or successor, hereinafter referred to as the WSEC ,
promulgated by the State Building Code Council .
J . The Uniform Code for the Abatement of Dangerous Buildings , 1997
Edition , or successor. (Ord . 2004-064 § 2) .
K. Design data for Whatcom County shall be per Section 15 . 04 . 030 ,
Subsection D, item #1
15. 04.015 Department of Building Safety
Section 103 is amended as follows :
103 . 1 Creation of enforcement agency. The Department of Building
Safety is hereby created and the official in charge thereof shall be
known as the Building Official . The Department of Building Safety
is hereby referred to as the Building Services Division of the
Whatcom County Planning and Development Services Department
(WCPDS) .
103 . 2 Appointment. The Assistant Director is appointed by the
Director of WCPDS as the Building Official . In the event of new or
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temporary departmental or organizational circumstances , the
Director may appoint an alternate designee at his/her discretion .
103 . 3 Deputies . In accordance with the prescribed procedures of
this jurisdiction and with the concurrence of the appointing
authority , the Building Official shall have the authority to appoint a
deputy building official , the related technical officers , inspectors ,
plans examiners and other employees . Such employees shall have
powers as delegated by the Building Official .
15. 04. 020 Amendments to the International Building Code.
A. The IBC is amended as follows :
1 . Section 105 . 1 , Required , is amended to include the following :
a . Commercial project proposals require pre-screening for a
waiver (from pre-application meeting) or a pre-application
meeting prior to permit application submittal . Pre-screening
may be waived at the discretion of the Building Official for
minor projects such as simple signs , single unit small
equipment foundations , and projects of similar minor scale
and impact. Information and document submittals for the
purposes of waiver or pre-application are not intended to
meet the standard for a complete permit application and do
not constitute project vesting . However, information ,
requirements and conditions received by the applicant(s)
and/or their agents or consultants for a given project
proposal , as part of the waiver or pre-application process ,
will be considered vested , regardless of change of adopted
codes or regulations , if a complete permit application is
received within 30 consecutive days from the date of waiver
or pre-application meeting . Such information , requirements
and conditions are not intended or represented as a
complete or comprehensive list of project requirements .
Significant changes in the scope of a project proposal may
require additional screening for another waiver or pre-
application meeting .
b . Whatcom County (the County) may require that a
covenant or agreement be recorded against the deed (s)
applicable to the location and/or operation of a given project
to inform future property owners of the current restrictions or
approved land uses . The County may draft the covenant or
agreement upon whatever terms the County in its discretion
deems proper.
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c. A coordinated master site plan (MSP) , demonstrating
consistency in the layout of the project proposal with all
applicable regulatory requirements , is required to be
submitted by the applicant and/or project design professional
in substantial charge prior to permit issuance . In general , a
coordinated MSP will be required for projects exceeding a
construction value of $200 , 000 . 00 , but may be required for
any project the Building Official deems necessary. County
staff will review the site plan (s) in the application file for
regulatory conflicts and discrepancies prior to plan check.
County staff will notify the applicant and/or design
professional of identified conflicts or discrepancies to be
reconciled . The master site plan may be one page which
incorporates all applicable regulatory review overlays when
practical . It may also include multiple overlay pages for
readability purposes provided they have been verified by
County staff for regulatory consistency. Once the
coordinated MSP has been reviewed and approved ,
application review processing will continue .
d . A state licensed contractor may obtain a permit, as
required by the mechanical and plumbing codes , through
mail-in applications for work not exceeding $ 10 , 000
valuation and not requiring plans and specifications and not
in conflict with state or local zoning and environmental
policies and with the prior approval of the building official .
e . The applicant shall fill out in full the forms furnished for
that purpose , and attach thereto the full amount of moneys
that are required for fees as required in the respective
codes . The application shall contain all information
necessary to the lawful enforcement of the provisions of the
respective codes . The applicant shall file all forms with fees .
f. No person , firm , partnership , corporation or other entity
shall perform work as provided herein until such time as they
receive verification of approval of their application by the
county building official and have been given written notice of
a valid permit.
g . Any violation of this chapter shall be cause for the building
official to revoke the mail-in applications privilege of the
violator. Upon written notice of revocation , all provisions of
the mechanical and plumbing codes superseded by this
chapter shall resume in full force and effect as to the person
or industrial plant whose application has been revoked .
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2 . Section 1052 , Work exempt from permit, is amended to read
as follows :
a . One-story detached , non-occupied accessory structures
without basements , used as tool and storage sheds ,
playhouses and similar uses , provided that 1 . ) The floor area
does not exceed 120 square feet. [ 11 sq . m] 2 . ) Accessory
structures maintain a minimum separation of 10 [ten] feet
[3048 mm] between exterior walls , and a minimum
separation of 8 [eight] feet [2438 mm] between eaves of
adjacent buildings on the same property and 3 . ) Provided
that accessory structures meet all applicable setback
requirements .
b . Fences not over 6 feet ( 1829 mm) high .
c. Oil derricks .
d . Retaining walls that are not over 4 feet ( 1219 mm) in
height measured from the bottom of the footing to the top of
the wall , unless supporting surcharge or impounding Class I ,
II , or IIIA liquids .
e . Water tanks supported directly on grade if the capacity
does not exceed 5 , 000 gallons ( 18 , 925 L) . And the ratio of
height to diameter or width does not exceed 2 to 1 .
f. Sidewalks and driveways not more than 30 inches (762
mm) above grade and not over any basement or story below
and are not part of an accessible route .
g . Painting , papering , tiling , carpeting , cabinets , counter tops
and similar finish work.
h . Temporary motion picture , television and theater stage
• sets and scenery .
i . Prefabricated swimming pools installed entirely above-
ground , accessory to a Group R-3 .
j . Shade cloth structures constructed for nursery or
agricultural purposes and not including service systems .
k. Swings and other playground equipment.
I . Window awnings supported by an exterior wall which do
not project more than 54 inches ( 1372 mm) from the exterior
wall and do not require additional support of group R-3 or
Group U occupancies , as applicable in Section 101 . 2 .
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m . Nonfixed and movable fixtures , cases , racks , counters
and partitions not over 5 feet 9 inches ( 1753 mm) in height.
n . Bridges , box culverts and similar passageway structures
built over depresions or obstacles , herein after referred to as
bridges , are structures and therefore not exempt per IBC
Section 105.2 , except as interpreted and quantified in
B uilding Services Division Code Interpretation #2002-05.
B ridges shall be designed and constructed per the current
adopted Whatcom County Development Standards (WCDS) ,
Chapter 5 , Road Standards , Section 513 , Bridges and
Associated Retaining Walls . Bridges constructed as a
requirement or condition of subdivision or short subdivision
approval , per Whatcom County Land Division Regulations ,
Title 21 , and which receive final approval from the Public
Works Technical Administrator, shall be deemed by the
B uilding Official to have met the permit requirements per. IBC
Section 105 . The Technical Administrator is designated as
the County Engineer, per WCDS , Chapter 5 , Road
Standards , Section 502 .
3 . Section 105 . 3 , Application for Permit, is amended to
include the following :
To obtain the permit, the applicant shall first file an
application therefore in writing on a form furnished by the
department of building safety for that purpose . Such
application shall :
1 . Identify and describe the work to be covered by the
permit for which application is made .
2 . Describe the land on which the proposed work is to
be done by legal description , street address or
similar description that will readily identify and
definitely locate the proposed building or work.
3 . Indicate the use and occupancy for which the
proposed work is intended .
4 . Be accompanied by construction documents and
other information as required in Section 107 .
5 . State the valuation of the proposed work .
6 . Be signed by the applicant, or the applicant's
authorized agent.
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7 . Include signature by the applicant or the applicant' s
authorized agent of a statement for guarantee of fee
payment. The statement must be signed in the
presence of County staff or staff will provide a
statement which includes verification of signature by
a licensed notary public.
8 . Provide verification of approval to connect to a
public sewer system or a septic system installation
permit issued by the Whatcom County
Environmental Health Department for any permit
application that requires sewage disposal . The
approval to connect or issued septic system permit
shall be specific to the project application .
9 . Provide additional data and information as required
by the Building Official .
4 . Section 105 . 5 , Expiration , is amended to include the
following :
Land Disturbance permits issued for grading activity shall
expire if work authorized is not commenced within 180 days
of issuance unless a phased plan has been approved by the
Technical Administrator. The Technical Administrator is
authorized to grant one extension of 180 days if the request
is submitted prior to expiration of the permit . The extension
shall be requested in writing and justifiable cause(s)
demonstrated . If the project is located within a water
resource special management area and subject to seasonal
clearing activity limitations the extension shall begin at the
commencement of the construction season , pursuant to
WCC 20 . 80 . 735 .
Grading permits also expire and become invalid when the
total approved volume has been placed into or excavated
from the approved area .
5 . Section 109 , Refunds , is amended to include the following
policy :
The refund policy applies to the current editions and amends
the respective Sections of the IBC , Section 109 ; IRC ,
Section R108 . 5 ; IFC , Section 113 . 5 ; IMC , Section 106 . 5 . 3 ;
IFGC , Section 106 . 6 . 3 ; and UPC , Section 103 .4 . 5 , as
adopted per WCC 15 . 04 . 010 .
The Building Official may authorize refunding any fee
hereunder which was erroneously paid or collected at 100 % .
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The Building Official may authorize refunding of not more
than 80 % of the fee paid for a building permit when no work
has been done under a building permit issued in accordance
with the current editions listed in this policy.
The Building Official may authorize refunding of not more
than 80 % of the plan review fee paid when an application for
a building permit for which a plan review fee has been paid
is withdrawn or cancelled before any plan reviewing is done .
The Building Official shall not authorize the refunding of any
fee paid , except upon written application filed by the original
permittee not later than 180 days after the date of fee
payment.
B . Appendix J , Grading .
1 . IBC Section 104 . 1 is amended per WCC 15 . 04 . 020 ,
Subsection B , including an additional paragraph to read as
follows :
The Director of the Planning and Development Services
Department or the Director's designee also referred to herein as
the Technical Administrator, is hereby authorized and directed to
enforce the provisions of IBC Appendix J , Grading , including as
amended in WCC Chapter 15 , Section 15 . 04 . 020 . The
Technical Administrator shall have the authority to render
interpretations of the amended Appendix and to adopt policies
and procedures in order to clarify the application of its
provisions . Such interpretations , policies and procedures shall
be in compliance with the intent and purpose of amended
Appendix J . Such policies and procedures shall not have the
effect of waiving requirements specifically provided for in
amended Appendix J .
2 . The following definitions are added to Section J102 . 1 :
a . EARTH MATERIAL: Any rock, natural soil or any
combination thereof.
b . CRITICAL AREAS : The following areas as regulated
under WCC 16 . 16 shall be regarded as critical areas along
with associated buffers identified under WCC 16 . 16 :
i . Geologically hazardous areas .
ii . Frequently flooded areas .
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iii . Critical aquifer recharge areas .
iv. Wetlands .
v . Fish and wildlife habitat conservation areas .
c. ORDINARY HIGH WATER MARK: The mark on all lakes ,
rivers , streams and tidal water that will be found by
examining the beds and banks and ascertaining where the
presence and action of waters are so common and usual
and so long continued in all ordinary years , as to mark upon
the soil a character distinct from that of the abutting upland
in respect to vegetation .
3 . The following shall be added to Section J103 . 1 :
Upon receipt of a fill and grade permit application on
properties within 500 feet of a site known to contain
archaeological resources that are outside of the Shoreline
Management Program Jurisdiction (WCC Title 23) and/or the
Point Roberts Special District (WCC 20 . 72) , the County shall
notify the applicant that the projects location is within an
archaeologically sensitive area and Federal , State and Tribal
Laws and Regulations pertaining to cultural resources may
apply .
Grading permit expiration is per IBC Section 105 . 5 as
amended .
4 . The numbered exemption list of Section J103 . 2 , Exemptions ,
is amended as follows :
1 . Grading in an isolated , self-contained area , provided
there is no danger to the public, and that such grading
will not adversely affect adjoining properties or critical
areas and further provided that the activity occurs
outside of the jurisdiction of the Whatcom County
Shoreline Management Program (WCC Title 23) and fill
does not exceed 250 cubic yards and is associated with
a residence authorized by a valid building permit.
2 . Excavation for construction of a structure permitted
under this code provided that said construction has
been duly reviewed for compliance with the Whatcom
County Shoreline Management Program (WCC Title
23) and the Whatcom County Critical Areas Ordinance
(WCC 16 . 16) .
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3 . Cemetery graves
4 . Refuse disposal sites controlled by and appropriately
permitted in accordance with other regulations .
5 . Excavations for wells or trenches for utilities provided
the activity occurs outside of the jurisdiction of the
Whatcom County Shoreline Management Program
(WCC Title 23) and there are no adverse impacts to
critical areas .
6 . Mining , quarrying , excavating , processing or
stockpiling rock, sand , gravel , aggregate or clay
controlled by other regulations , provided the activity
occurs outside of the jurisdiction of the Whatcom
County Shoreline Management Program (WCC Title
23) and such operations do not affect the lateral
support of, or significantly increase stresses in soil on
adjoining properties , or adversely impact critical areas .
7 . Exploratory excavations performed under the
direction of a registered design professional provided
that said excavations have been duly reviewed for
compliance with the Whatcom County Shoreline
Management Program (WCC Title 23) or critical areas
ordinance .
8 . A fill less than 1 foot in depth and placed on natural
terrain with a slope flatter than I unit vertical in 5 units
horizontal (20% slope) or less than 3 feet in depth , not
intended to support structures , that does not exceed 50
cubic yards on any one lot and does not obstruct a
drainage course or otherwise impact critical areas
provided the activity occurs outside of the jurisdiction of
the Whatcom County Shoreline Management Program .
9 . Exemptions listed per WCC 20 . 80 . 733 .
5 . The following site plan requirements are added to J104 . 2 :
a . In addition to the provisions of Section 107 , a grading plan
shall show the existing grade and finished grade in contour
intervals of sufficient clarity to indicate the nature and extent
of the work and show in detail that it complies with the
requirements of this code .
b . The plans shall show the existing grade on adjoining
properties in sufficient detail to identify how grade changes
will conform to the requirements of this code .
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c. The plans shall show erosion control types and locations ,
natural features (slopes , streams , wetlands , ponds , etc. ) ,
forrested or treed areas , ditches , culverts , wet areas , flow
directions , critical area boundaries , the Ordinary High Water
Mark (OHWM) of any water body regulated by the Whatcom
County Shoreline Management Program and any other
information deemed necessary by the Building Official .
6 . J104 . 3 , Geotechnical report, is amended as follows :
When required by the Technical Administrator, a
geotechnical report prepared by a registered design
professional shall be provided . The report shall contain at
least the following :
1 . The nature and distribution of existing soils ;
2 . Conclusions and recommendations for grading
procedures ;
3 . Soils design criteria for any structures or
embankments required to accomplish the proposed
grading ;
4 . Where necessary , slope stability studies , and
recommendations and conclusions regarding site
geology; and
5 . Unless approved by the Technical Administrator, a
building permit shall not be issued on approved fills
without an engineered soils report and proof of
supervised , monitored placement by the registered
design professional .
6 . Additional information may be required at the
discretion of the Technical Administrator.
Exception : A geotechnical report is not required
where the Technical Administrator determines that the
nature of the work applied for is such that a report is
not necessary.
7 . Add the following as Section J104 . 5 , Surface mining
report:
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Grading permit plans associated with surface mining shall be
consistent with a surface mining reclamation plan as
required and approved by the Washington Department of
Natural Resources .
(Ord . 2004-064 § 2) .
15. 04. 030 Amendments to the International Residential Code.
A. Section R105 . 1 , Required , is amended as follows :
Whatcom County (the County) may require that a covenant
or agreement be recorded against the deed (s) applicable to
the location and/or operation of a given project to inform
future property owners of the current restrictions or approved
land uses . The County may draft the covenant or agreement
upon whatever terms the County in its discretion deems
proper.
B . Section R105 . 2 , Work exempt from permit, is amended to read
as follows :
1 . One-story detached , non-occupied , accessory structures
without basements , used as tool and storage sheds ,
playhouses and similar uses , provided that 1 . ) The floor area
does not exceed 200 sq . ft . [ 18 . 58 sq . m] and 2 . ) Provided
that accessory structures meet all applicable setback
requirements .
2 . Fences not over 6 feet ( 1829 mm) high .
3 . Retaining walls that are not over 4 feet ( 1219 mm) in
height measured from the bottom of the footing to the top of
the wall , unless supporting a surcharge .
4 . Water tanks supported directly upon grade if the capacity
does not exceed 5 , 000 gallons ( 18 , 927 L) . And the ratio of
height to diameter or width does not exceed 2 to 1 .
5 . Sidewalks and driveways not more than 30 inches above
grade and not over any basement or story below.
6 . Painting , papering , tiling , carpeting , cabinets , counter tops
and similar finish work.
7 . Above ground pre-fabricated pools .
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8 . Swings and other playground equipment.
9 . Window awnings supported by an exterior wall which do
not project more than 54 inches ( 1372 mm) from the exterior
wall and do not require additional support.
10 . Decks not exceeding 200 square feet ( 18 . 58 sq . m) in
area , that are no more than 30 inches (762 mm) above
grade at any point, are not attached to a dwelling and do not
serve the exit door required by Section R311 . 4 .
C . R105 . 3 , Application for permit , is amended to include the
following : .
To obtain the permit, the applicant shall first file an
application therefore in writing on a form furnished by the
department of building safety for that purpose . Such
application shall :
1 . Identify and describe the work to be covered by the
permit for which application is made .
2 . Describe the land on which the proposed work is to
be done by legal description , street address or
similar description that will readily identify and
definitely locate the proposed building or work.
3 . Indicate the use and occupancy for which the
proposed work is intended .
4 . Be accompanied by construction documents and
other information as required in Section 107 .
5 . State the valuation of the proposed work .
6 . Be signed by the applicant, or the applicant's
authorized agent.
7 . Include signature by the applicant or the applicant's
authorized agent of a statement for guarantee of fee
payment. The statement must be signed in the
presence of County staff or staff will provide a
statement which includes verification of signature by
a licensed notary public.
8 . Provide verification of approval to connect to a public
sewer system or a septic system installation permit
issued by the Whatcom County Environmental
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Health Department for any permit application that
requires sewage disposal . The approval to connect
or issued system permit shall be specific to the
project application .
9 . Provide additional data and information as required
by the Building Official .
D . Table R301 . 2 ( 1 ) Design Data for Whatcom County shall read
as follows :
1 . GROUND SNOW LOAD TABLE , JANUARY 1997 , Table
R301 . 2( 1 ) .
Approx. Average Revised Ground Snow Revised Roof Snow
Whatcom County
Elevation Load Load
Acme 310 22 25
Bellingham 100 15 25
B laine 45 16 25
Deming 210 24 25
D iablo 910 100 . 100
Ferndale 60 20 25
G lacier 900 74 74
Lawrence 145 24 25
Lynden 103 24 25
Maple Falls 643 77 77
Mt. Baker Ski 4200 588 588
Area
Newhalem 510 129 129
N ooksack 84 24 25
S umas 36 24 25
Wickersham 310 28 28
Kendall 460 50
Paradise 460 50
Pt. Roberts 120 25 •
Footnotes :
Any proposal can challenge the above design load with engineer
or architect stamped and signed calculations and criteria .
14
Buildings where the roof snow load exceeds 30 psf may require
architect or engineer review.
Recommendations are valid for the recognized central area of
each regional designation . Building Services reserves the right to
adjust the roof snow load based on building location and/or criteria
per the 2009 IBC and/or the Snow Load Analysis for Washington .
2 . Wind Speed (mph) : 85 mph
3 . Seismic Design Category: IRC=D1 ; IBC=D (See IBC Section
1613 . 5)
4 . Subject to Damage from Weathering : Moderate
5 . Frost Line Depth : 18"
6 . Termite : None
7 . Decay: Moderate
8 . Winter Design Temp: 22 ° F
9 . Ice Shield Underlayment Req . : No
10. Air Freezing Index: 260
11 . Mean Annual Temperature : 48 ° F
E . Appendix E , Manufactured Homes , is entirely replaced with the
following :
This chapter is enacted as an exercise of the police power of
the county for the benefit of the public at large . It is not
intended to create a special relationship with any individual ,
or individuals , nor to identify and protect any particular class
of persons .
The purpose of this chapter is to provide minimum standards
to safeguard life or limb , health or property, and public
welfare , by regulating and controlling the installation of
manufactured homes on building sites within the county .
It is not the intent of this chapter to impose liability upon the
county for failure to perform any discretionary act. Rather, it
is the intent of this chapter to place the obligation of
complying with its requirements upon the installer. Nothing
contained in this chapter shall be construed to relieve from
or to lessen the responsibility or liability of any person for
injury or damage to persons or property caused by or
resulting from any defect of any nature in any manufactured
15
home installation work performed by said person or in any
manufactured home installation equipment owned ,
controlled , operated or used by him ; nor shall Whatcom
County, or any officer, agent, or employee thereof, incur or
be held as assuming any liability by reason or in
consequence of any permission , certificate of inspection ,
inspection or approval authorized herein , or issued or given
as herein provided , or by reasons or consequence of any
things done or acts performed pursuant to the provisions of
this chapter.
1 ) SCOPE
This chapter sets forth rules and regulations to regulate and
control the installation of manufactured homes on building
sites , establishes an administrative procedure for the
issuance of permits , and provides for the inspection of
manufactured home installations .
?) DEFINITIONS
a . ADMINISTRATIVE AUTHORITY is the Department of
Planning & Development Services , the Building Services
D ivision , and the Whatcom County Building Official .
b . BUILDING OFFICIAL is the Assistant Director of the
P lanning & Development Services Department. See Section
15 . 04 . 015 .
c. BUILDING SITE is any site proposed for the location of a
manufactured home including sites within mobile home
parks .
d . HUD is the Federal Department of Housing and Urban
Development.
e . INSTALLER shall either be the owner or a State licensed
mobile home installer.
f. MANUFACTURED HOME means a structure designed
and built to comply with the Washington State Department of
Labor and Industry's rules and regulations for Manufactured
H omes and Commercial Coaches . It is also defined and
cross-referenced per the current adopted edition of the IRC
S ECTION R202 , DEFINITIONS , MANUFACTURED HOME .
g . MOBILE HOME is a transportable , factory-built . dwelling
unit constructed prior to June 15 , 1976 (prior to enactment of
16
National Manufactured Housing Construction & Safety
Standards [NMHCSS] Act of 1974) .
h . PERMANENT FOUNDATION means concrete blocks on
a concrete footing or slab , or other approved engineered
foundation systems .
3) . GENERAL INSTALLATION REQUIREMENTS
a . Manufactured homes installed on building sites shall be
installed in accordance with the provisions of this chapter
and all applicable local , state , and federal codes ,
ordinances , and statutes .
b . Manufactured homes shall be installed in compliance with
the manufacturer's installation recommendations or
according to NCSBCS/ANSI A225 . 1 - 1994 ; permanent
foundation requirements . The manufacturer or dealer shall
send two copies of its approved installation
recommendations to the purchaser of the manufactured
home . Two copies shall be submitted with the building permit
application . .
c. No person , firm , partnership , corporation , or other entity
may install a manufactured home unless he/she owns the
manufactured home, or is a licensed manufactured home
installer.
d . All manufactured home installations shall comply with the
requirements of the IRC Section R403 . 1 . 7 . 3 , Foundation
Elevation , and with the following : On graded sites , the top of
any exterior foundation shall extend above the elevation of
the street gutter at point of discharge or the inlet of an
approved drainage device a minimum of 12 inches plus 2
percent. The Building Official may . approve alternate
elevations , provided it can be demonstrated that required
drainage to the point of discharge and away from the
structure is provided at all locations on the site . The following
provisions shall be made to prevent standing water under
and around a building or structure prior to the final
inspection . The finished grade and elevation under the
building shall be above- the ground drainage flow of the land
around the building to prevent surface or sub-surface water
from draining to the space under the building , provided that
other approved alternates such as drain tile , exterior grading
to a point lower than the interior drainage of the building or
an approved sump pump may be used , and provided further
that the alternate method to be used shall be shown on the
17
building plans . An approved sump pump system shall in no
case be connected to the sanitary sewer system . In all
instances where a drainage or sump pump system is
installed under the structure there shall be provided , in the
foundation wall , an access crawl hole which shall be no
more than 20 feet from the main drain cleanout. To facilitate
the drainage of water, the building site shall have at least a
2 % gradient towards approved drainage facilities from
building pads . However, this may be waived by the building
official provided that the permittee can demonstrate that due
to the nature of the site this would be impractical and that an
approved alternate will be used . If water appears under the
building within a period of 12 months after the final
inspection of the building or structure , the builder shall be
responsible for providing the drainage of the same , and
provided further that the builder has not complied with the
requirements of Section 1804 . 7 herein , concerning drainage.
Thereafter, the owner of the building shall be responsible for
providing drainage of the same, except where owner and
builder agree. otherwise .
e . In those areas that are recognized as floodplains by the
Washington State Department of Ecology or the Department
of Homeland Security , or hazardous because of the
probability of earthquakes , ground slides , avalanches , or
high winds , the building official may set requirements that
are necessary to lessen the hazards . Manufactured homes
in a floodplain must be installed per FEMA recommendations
as outlined in GUIDELINES FOR THE INSTALLATION &
ANCHORING OF MANUFACTURED HOUSING IN
WASHINGTON STATE , (Sept. 20 , 1996 . ) Used mobile
homes older than 1976 , require a fire/life safety inspection
by the State Dept. of Labor & Industries prior to building
permit submittal . Manufactured homes installed on sites that
are sloping or have poor drainage shall be installed in
accordance with installation recommendations , provided by
a professional engineer or architect licensed in the state of
Washington .
4) PERMITS REQUIRED
No person , firm , or corporation shall install or cause to be
installed any manufactured home on a building site without
having first obtained a building permit and a manufactured
home dealer shall not deliver a manufactured home to a
building site until that dealer has verified that the installer
has obtained the necessary building permits .
18
61
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SIN3W321I110321 NOIIV3IlddV (9
b . The manufactured/mobile home may be occupied once
the installation has passed final inspection for compliance
with the requirements of this chapter and any conditions
placed upon the issued permit.
c. If the installation does not comply with the installation
requirements of this chapter and the conditions of the
installation permit, the local enforcement agency shall
provide the installer with a list of corrections that the installer
must make. The list of corrections shall state a date by which
the corrections must be completed . If the items that require
correction do not endanger the health or safety of the
occupants , or substantially affect the habitability of the
manufactured/mobile home , the local enforcement agency
may permit the owner of the home to occupy it.
7) BUILDING SITE PREPARATION
A manufactured home may not be installed on a building site
unless the ground at the site has adequate compaction and
load -bearing ability to meet the support requirements of
(3) (d ) or, if the building site is in a mobile home park, the
park owner must insure that the ground on which the mobile
home is to be installed has been improved as necessary to
provide a proper base for the mobile home and that the area
beneath the mobile home has adequate drainage .
8) FOUNDATION SYSTEM FOOTINGS
a . Footings shall be constructed of solid concrete per the
manufacturer's installation specifications or an approved
alternate method .
b . Four-inch slab with thickened footings , extending 18
inches below existing grade , 16 inches diameter concrete
posts , spaced according to the applicable requirements of
NCSBCS/ANSI A225 . 1 - 1994 , with a four- inch concrete slab
and . Z hook for positive connection between post and slab , if
in a flood plain .
c. Footings shall be :
i . Evenly bedded and level ;
ii . Placed on firm , undisturbed or compacted soil that is free
of organic material ;
iii . Centered in a line under the main frame longitudinal
members on both sides of the manufactured home ;
20
iv . Spaced not more than eight feet apart and no more than
two feet from the ends of the main frame . The building
official may require a closer spacing , depending on the load
bearing capacity of the soil or the specifications in the
manufactured home installation manual .
d . A manufactured home with more than one section must
have center line blocking at end walls and at other points of
connection of the sections of the manufactured home that
have ridge beam bearing support. Blocking is also required
at both ends of a door opening that is six feet or more wide
in an exterior wall .
e . If a manufactured home requires footings on its exterior
perimeter, as specified by the installation recommendations
or required by the building official , the footings shall be
installed below the frost line .
f. Footings shall be constructed so that 75 percent of the
area under the manufactured home has at least 18 inches
clearance between the bottom of the main chassis members
and the ground level . The area beneath the furnace cross-
overs and fireplaces must always have at least 18 inches
clearance . At no point under the manufactured home may
clearance be less than 12 inches .
9) FOUNDATION SYSTEM PIERS
a . An installer must build and position piers and load-bearing
supports or devices to distribute the required load evenly. An
installer must use manufactured piers or load -bearing
supports or devices that are listed or approved for the
intended use .
b . A pier may be made of a single stack of 8-inch by 16-inch
blocks if the blocks are not stacked more than three blocks
high . A pier made of a single stack of blocks shall be
installed at a right angle to the main frame longitudinal
members and shall be capped with no more than 2-inch by
8-inch by 16-inch wood blocks or one 4-inch by 8-inch by 16-
inch concrete block .
c. A pier may be made of a double stack of 8-inch by 8-inch
by 10-inch blocks if the blocks are not stacked more than
five blocks high . Each row of blocks in such a pier shall be
stacked at right angles to the abutting rows of blocks . The
pier shall be capped by with 2-inch by 8-inch by 16-inch
concrete blocks . The pier shall be installed so that the joint
21
between the cap block is at right angle to the main frame
longitudinal members .
d . A pier may be made with more than five courses of blocks
and not to exceed 9 (72 inches) courses of block if the
stacked blocks are filled with 2 , 000 psi concrete or mortar,
and no more than 20 % of the piers exceed five courses
(40") . All other systems shall be designed by a licensed
Washington state engineer or architect.
e . All blocks shall be set with cores placed vertically.
10) FOUNDATION SYSTEM PLATES AND SHIMS
An installer may fill a gap between the top of a pier and the
main frame with a wood plate that is not more than two
inches thick and two opposing wedgeshaped shims that are
not more than two inches thick. Wood plates and shims must
be of hemlock/fir, Douglas fir, or spruce/pine/fir. A shim shall
be at least four inches wide and six inches long . The installer
shall fit the shim properly and drive it tight between the wood
plate or pier and the main frame to ensure that the
manufactured home is level and properly supported at all
load-bearing points . A block that abuts a wedge-shaped
shim shall be solid .
11 ) FOUNDATION
A manufactured home shall have an approved skirting
around its entire perimeter. The wood of the skirting shall be
at least six inches from the ground unless it is pressure-
treated wood . Metal fasteners shall be hot dipped
galvanized , stainless steel , or other corrosive- resistant
material . Ferrous metal members in contact with the earth ,
other than those that are galvanized or stainless steel ; shall
be coated with asphaltic emulsion . A manufactured home
that is installed shall have ventilation openings with a net
area of one square foot per 150 square feet of crawl space ;
except manufactured homes installed in the flood plain shall
have ventilation openings with a net area of 1 square inch
per 1 . per square foot of crawlspace installed within 1 foot of
finished grade . The openings shall be designed to provide
cross ventilation on at least two approximately opposite
sides of the manufactured home. The installer shall locate
openings as close to the corner of the manufactured home
as practical and shall cover the opening with a corrosive-
resistant wire mesh . Dryer vents and hot water tank pressure
release valves shall exhaust on the exterior of the perimeter
22
skirting . The skirting for each section of the manufactured
home shall have an opening of at least 18 inches by 24
inches with a cover of metal or pressure-treated wood to
allow access to the crawl space . In all cases the foundation
shall be installed before a final sign off can be made .
12) ANCHORING SYSTEM
The building official shall require a single section or multiple
section manufactured home to have an anchoring system .
Such an anchoring system shall be installed per the
manufactured installation specifications or according to the
design of a professional Washington State licensed engineer
or architect. Components of the anchoring system shall have
a resistance to weather deterioration that is at least equal to
that of a zinc coating that is not less than 0 . 3 inches per
square foot of coated surface . Cut edges of zinc-coated
strapping do not need to be coated .
a . An installer shall install , preload , and adjust a ground
anchor in accordance with the anchor manufacturer's
instructions . The installer must supply a copy of the
instructions to the building official . Ground anchors shall be
marked with the manufacturer's identification and model
number in a location that is visible to the inspector after the
anchor is installed . The manufacturer of a ground anchor
must provide instructions with each anchor that specifies the
kinds of soils for which the anchor is suitable . Analysis from
a WA State licensed engineer may be required .
b . If concrete slabs or continuous footings are used to
transfer the anchoring loads to the ground , the following
requirements apply :
i . Engineered tie-down systems shall be per approved details
from the Washington State Department of Labor and
Industries .
ii A concrete slab may be used in place of a ground anchor if F
it provides holding strength equal to the required ground
anchors .
iii . Analysis from a WA state licensed engineer may be
required .
c. Ties shall be of strapping , or other approved materials .
Ties shall be fastened to the ground anchors and drawn tight
with turnbuckles , yoke fasteners , or other approved tension
devices . Tension devices shall end in clevis , forged , or
23
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9
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1 . Any new one-family or two-family dwelling under 4000
square feet gross floor area .
2 . Any new one-family or two-family dwelling with fire flow
that meets the requirements of IFC Appendix B .
15.04. 040 Amendments to the International Fire Code.
A. The International Fire Code is amended as follows :
1 . Section 102 . 2 , Administrative , operational and maintenance
provision , is amended to read as follows :
To provide a reasonable degree of safety to persons
occupying existing buildings , there shall be a fire code
inspection , at times to be determined by the Whatcom
County Fire Marshal , for all Group A, B , E , F , H , I , M , R , S
and U occupancies . Only R-3 Occupancies containing the
following shall be subject to fire code inspections : Adult
family homes , family daycare homes , adult and child care
facilities , as defined in the Washington State amendments .
2 . Section 102 .6 , Referenced code and standards , is
amended to read as follows :
The codes and standards referenced in this code shall be
those listed in Chapter 45 of this code such codes and
standards shall be considered part of the requirements of
this code to the prescribed extent of each such reference
as determined or modified by the fire code official . Where
differences occur between the provisions of this code and
the referenced standard , the provisions of this code shall
apply as determined or modified by the fire code official .
3 . Section 103 . 1 is amended to read as follows :
103 . 1 General . The Department of Fire Prevention , herein
after referred to as the Fire Marshal's Office , is established
within the jurisdiction under the direction of the Fire Code
Official , herein after referred to as the Fire Marshal . The
function of the department shall be the implementation ,
administration and enforcement of the provisions of this
code . Recognizing the authority and responsibility vested
in the Fire Marshal by the International Fire Code, the Fire
Marshal is authorized to promulgate such rules , policies
and/or procedures as he/she deems necessary for the
efficient operation of fire prevention and investigations
25
4. Section 103 . 2 is amended to read as follows :
103 . 2 Appointment. The Fire Marshal shall be not less
than a supervisor within the Building Services Division of
the Whatcom County Planning & Development Services
Department, as designated by the Building Official . The
Fire Marshal for Whatcom County is authorized to enforce
the provisions of this ordinance and adopted referenced
codes and amendments .
5 . Section 104 . 10 , Fire investigation , is amended to read as
follows :
The Whatcom County Sheriffs Office shall have the
authority to investigate the cause , origin and circumstances
of any fire , explosion or other hazardous conditions .
Information that could be related to trade secrets or
processes shall not be made part of the public record
except as directed by a court of law.
6. Section 104 . 10 . 1 is amended to read as follows :
a) The Whatcom County Fire Marshal shall have the
authority to render necessary assistance in the
investigation of fires . The Whatcom County Fire Marshal
and designated , assigned staff members shall have the
powers of a limited authority Washington peace officer as
defined in chapter 10 . 93 RCW. They shall be
commissioned by the Whatcom County Sheriff as specially
commissioned Washington peace officers , as defined in
chapter 10 . 93 RCW, upon satisfaction of the training and
other requirements prescribed or approved by the
Washington criminal justice training commission , for the
purpose of administering this code.
7 . Section 108 . 1 , Board of appeals , is amended to read as
follows :
In order to hear and decide appeals of orders , decisions or
determinations made by the Fire Marshal relative to the
application and interpretation of. this code, there shall be
and is hereby created a board of appeals . Whatcom
County Ordinance No . 2007-024 shall be the Fire Code
appeals board . The Appeals Board shall be the same
board for all codes appeals .
8 . Section 202 is amended to read as follows :
26
a . Fire Chief. Whenever the term fire chief is
referenced in this code it shall mean Whatcom County
Fire Marshal (Fire Code Official) or his/her designee , as
identified in IFC Section 103 .
b . Fire Code Official . Whenever the term fire code
official is referenced in this code it shall mean Whatcom
County Fire Marshal or his/her designee , as identified in
IFC Section 103 . 2 .
9 . Appendix D , Apparatus access roads , is amended to read
as follows :
a . Section D103 , Minimum Road Specifications :
1 . Fire apparatus access roads serving 1 (one) or 2
(two) residential lots , where building location is less
than one hundred fifty feet ( 150 ') from approved
access roads , have no specific requirements. The
minimum suggested width is 12 feet (3658 mm) .
The minimum suggested vertical clearance is 13
feet-6 inches (4115 mm) .
2 . Fire apparatus roads over one hundred fifty feet
( 150') long serving one residential lot: :
a . Minimum width — twelve foot ( 12 ') driving surface
with turnouts no farther than every six hundred feet
(600') when required by the Fire Marshal . To create
a turnout, the road shall be widened to twenty feet
(20' ) in the direction of travel for a minimum distance
of one hundred feet ( 100') to allow vehicles to pull
over and allow emergency vehicles to proceed .
Turnout shall be located approximately midpoint for
driveways over six hundred feet (600') but less than
twelve hundred feet ( 1200' ) .
b . Vertical clearance — minimum thirteen foot, six
inch ( 13'-6") unobstructed vertical clearance for the
required width of the road .
c. Surface — Per Whatcom County Development
Standards (WCDS) , Chapter 5 , Road Standards .
d . Turning radius — minimum thirty-five foot (35 ')
radii .
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e. Turnarounds — minimum twenty feet (20' ) wide ,
sixty feet (60') deep or WCDS , Chapter 5 , Road
Standards .
b . Bridges - Bridges , box culverts or similar
passageway structures built over depressions or
obstacles shall be herein after referred to as bridges .
When a bridge is required to be used as part of a
driveway access road , it shall be designed and
constructed per the current adopted edition of the
WCDS , Chapter 5 , Road Standards , Section 513 ,
Bridges and Associated Retaining Walls . Vehicle load
limits shall be posted at both entrances to bridges when
required by the Fire Marshal .
c. Grade — per WCDS , Chapter 5 , Road Standards .
3) Fire apparatus access roads — Access serving more
than Two (2) residential units shall meet the following :
a . Current adopted Whatcom County Development
Standards (WCDS) , Chapter 5 , Road Standards .
b . The Fire Marshal may make modifications in these
standards if the road is not build -able because of
topography , waterways , nonnegotiable grades , or
similar conditions . These modifications are based on :
1 .The building being protected by NFPA 13D
Automatic Sprinkler System .
2 . Additional fire protection features as required by
the Fire Marshal .
Exceptions may be made for minor additions or
small accessory buildings to existing dwellings
when in the opinion of the Fire Marshal the
addition or accessory building will not create
significantly more dangerous situations .
4) Emergency vehicle access roads or driveways shall not
be obstructed in any manner, including the parking of
vehicles . Width and clearance requirements of these
standards shall be maintained at all times .
(Ord . 2004-064 § 2) .
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•
15. 04.050 Permit expirations and violations of the above
referenced codes .
A. Expiration .
1 . Sections 105 . 5 of the IBC , R105 . 5 of the IRC and 105 of the
IFC are amended as follows :
Every permit issued under the provisions of this code ,
according to IBC Section 105 . 5 and IRC Section R105 . 5 ,
shall expire and become null and void , if the work
authorized by such permit is not commenced within 180
days from the date of issuance of such permit, or if the
work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a
period of 180 days . The building official is authorized to
grant, in writing , one or more extensions of time , for a
period not more then 180 days each . The extension shall
be requested in writing and justifiable causes
demonstrated . In the event of permit expiration , before
such work can recommence , a new permit shall be first
obtained to do so , and the fee therefore 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. These permits are only
transferable with the prior approval of the Building Official
and any change in occupancy, operation , tenancy , or
ownership shall require that a new permit be issued :
Every permit issued under the provisions of this code ,
according to IFC Section 105 , shall expire and become null
and void , if the work authorized by such permit is not
commenced within 180 days from the date of issuance of
such permit , or if the work authorized by such permit is
suspended or abandoned at any time after the work is
commenced for a period of 180 days . The fire code official
(designated as the fire marshal) is authorized to grant, in
writing , one or more extensions of time for a period not
more than 180 days each , except that expiration and
extension shall not apply to open burning permits . The
extension shall be requested in writing and justifiable
causes demonstrated . In the event of permit expiration ,
before such work can recommence , a new permit shall be
first obtained to do so , and the fee therefore shall be one-
half the amount required for a new permit for such work ,
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•
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
n ot exceeded one year. An operational permit under the
IFC shall remain in effect until reissued , renewed , or
revoked or for such a period of time as specified in the
permit. These permits are not transferable and any
change in occupancy, operation , tenancy, or ownership
shall require that a new permit be issued .
B . Construction Without Permit.
1 . The following paragraph shall be added to Sections 113 . 1 of
the IBC , R113 . 1 of the IRC and 113 . 1 of the IFC :
When construction and/or development has occurred on a
site without a valid permit as required by this chapter, any
and all permits or approvals issued by the county may be
denied for that site until the issue has been resolved . In
addition , prompt restoration of the site to its original
condition will . be required . The issuance or granting of a
permit or approval of plans and specifications shall not be
deemed or construed to be a permit for, or an approval of,
any violation of any of the provisions of this code . No
permit presuming to give authority to violate or cancel the
provisions of this code shall be valid , except insofar as the
work or use for which it authorizes is lawful . The issuance
o r granting of a permit or approval of plans shall not
prevent the Director of Planning & Development Services ,
the Building Official , the Fire Code . Official , or any
administrator who has been granted authority by the
Director from thereafter requiring the correction of errors in
said plans and specifications or from preventing
construction operations being carried on thereunder when
in violation of this code or of any other ordinance or from
revoking any certificate of approval when issued in error.
C . Stop Work Orders .
1 . Sections 114 . 3 of the IBC , R114 . 3 of the IRC and 114 . 3 of
the IFC are amended as follows :
In the event any person , firm , partnership , corporation or
other entity violates any provision of this ordinance or any
code adopted by this ordinance , the County may issue a
n otice of violation , to be delivered to the owner, operator,
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or their agent, or to be conspicuously posted at the site . In
a non-emergency situation , such notice may include notice
of the intent to issue a stop work order no less than 10
calendar days following the receipt of the notice , and
provide for an administrative predeprivation hearing within
10 calendar days of notice/order. In an emergency
situation where there is a significant threat to public safety
or the environment, the County may issue a stop work
order. The stop work order shall include , in writing , the
right to request an administrative post-deprivation hearing
within 72 hours following receipt of the stop work order.
Failure to comply with the stop work order shall be a gross
misdemeanor punishable upon conviction by a minimum
fine of $500 . 00 up to a maximum fine of $ 1000 . 00 or one
year in jail , or both . Under no circumstance may the court
defer or suspend any portion of the minimum $500 . 00 fine
for any conviction under this section . Each day or part
thereof of noncompliance with said order to stop work shall
constitute a separate offense .
D . Violation Deemed Misdemeanor.
1 . Sections 114 . 3 of the IBC , R114 . 3 of the IRC and 114 . 3 of
the IFC are amended as follows :
Any violation of the provisions of the International Building ,
Fire , Residential or other related codes as herein adopted
is a misdemeanor. Any person , firm or corporation violating
any of the provisions of this code or failing to comply with
any of the requirements thereof or who shall erect, install ,
alter, repair or do work in violation of the approved
construction documents , directives or conditions of the
Building Official or the Fire Code Official or the Director of
Planning and Development Services or of a permit or
certification used under provisions of this code , shall be
guilty of a misdemeanor, punishable by a fine of not more
than $ 1000 . 00 dollars or by imprisonment not exceeding
90 days , or both such fine and imprisonment. Each day
that a violation continues after due notice has been served
shall be deemed a separate offense .
a . EXCEPTION : The International Fire Code Section 307
Open Burning and Recreational Fires shall constitute Class
1 civil infractions pursuant to RCW 7 . 80 . 120 . The
maximum penalty and the default amount for such
violations shall be consistent with Chapter 7 . 80 RCW. All
violations shall be heard and determined in accordance
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with the system established in Chapter 7 . 80 RCW. After
having been found to have committed two successive
infractions for violations of the same provision of this title
on the same property, any person , firm , or corporation who
continues to violate this title in the same manner on the
same property shall be guilty of a misdemeanor,
punishable by a fine of not more than $ 1000 . 00 or by
imprisonment not exceeding 90 days , or both such fines
and imprisonment . Each day that a violation continues after
due notice has been served shall be deemed a separate
offense .
E . Notice of Violations .
1 . Section 109 . 2 of the IFC is amended as follows :
When the Fire . Code Official , referred to as the Fire
Marshal , finds a building , premises , vehicle , storage facility
or outdoor area that is in violation of this code , the fire code
official is authorized to prepare a written notice of violation
describing the conditions deemed unsafe . When
immediate compliance is not possible , a time shall be
specified for re-inspection . In special situations citations
could be issued to individuals violating this code .
F . Civil Penalty.
1 . Any person , firm , partnership , corporation or other entity
violating any of the provisions of this chapter, or of the codes
adopted by reference by this chapter, shall be deemed guilty
of a civil offense and each day during which such violation is
continued or committed shall constitute a separate offense ,
and shall be fined not more than $ 1 ,000 for each offense . The
penalty provided in the above section shall be imposed by a
notice in writing and delivered by personal service to the
owner, the owner's agent, the operator and/or violator, and/or
sent by certified mail , and/or be conspicuously posted at the
site . The notice shall include the amount of the penalty
imposed and shall describe the violation with reasonable
particularity in ordering the act(s) constituting the violation (s)
to cease and desist or, . in appropriate cases , requiring
necessary corrective action to be taken within a specific and
reasonable time . The notice may simultaneously accompany a
notice of penalty .
2 . Within 30 days after the notice is received, the person
incurring the penalty may apply in writing to the building official
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for remission or mitigation of such penalty . Upon receipt of the
application , said department may remit or mitigate the penalty
upon whatever terms the department in its discretion deems
proper. The final decision of the building official , fire code
official or the director of planning and development services on
mitigation or revision shall be reviewed by the county council ,
if the person being penalized files a written appeal therewith of
said decision , within 10 days of its issuance . The decision of
the county council regarding the penalty imposed shall be
final .
In addition to the civil penalties described above, the prosecuting attorney
may in his discretion bring such injunctive, declaratory or other actions as
deemed necessary to ensure that violations of this chapter are prevented
or cease, and to otherwise enforce the provisions of this chapter. (Ord .
2004-064 § 2) .
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