HomeMy WebLinkAboutord2017-002WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2016 -289
TITLE OF 1?LfC'��':
Ordinance to ad "the 2015 editions of the International Codes, and the 2015 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? ( K ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO I 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 15.04 and adopt the 2015 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 2015 International Codes. In
accordance with Washington State law, the adopted codes are to be effective July 1, 2016
This ordinance adopts the 2015 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 15.04.
COMMITTEE ACTION.•
10/11/2016: Discussed, approved a staff - suggested
change, and forwarded to Public Hearing
at a later date
11/9/2016: Withdrawn from the agenda
11/22/2016: Discussed and held in committee until the
first meeting in January
1/10/2017: Discussed and approved a motion to forward
as amended to introduction
COUNCIL ACTION.
9/27/2016: Introduced 7 -0
10/11/2016: Withdrawn from the Agenda. This item will
be scheduled for a public hearing at a
later date.
1/10/2017: Introduced 6 -0, Sidhu absent
1/24/2017: Adopted 5 -2 Brenner and Mann opposed
Ordinance 2017 -002
Related County Contract A I Related File Numbers: I Ordinance or Resolution Number.
Ord. 2017 -002
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.us1counciL
H:1AdptngOrdnc- Chapter 15\2015 [-Code Update\2015 I -Code agenda_bill,doc
CLEARANCES
Initial
Date
Date Received in Council O c
Agenda Date
4,! red to.-
Originator:
Wain Harrison
r�� /�
C7 E � (� Q E D
v
SEP 2 0 2016
WHATCOM COUNTY
9/27/16
Introduction
F
IlPlanning &Dev
Division Head:
Wain Harrison
10/11/16
Dept. Head:
J.E. "Sam "Ryan
11/9/2016
Planning & Dev
Prosecutor:
Royce Buckingham
q- y ��
COUNCIL
11/22/2016
Planning and Dev
Purchasing /Budget:
Brad Bennett
1/10/2017
SCOTW / Tntro
Executive:
Jack Louws
4, /
1/24/2017
Hearing
TITLE OF 1?LfC'��':
Ordinance to ad "the 2015 editions of the International Codes, and the 2015 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? ( K ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO I 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 15.04 and adopt the 2015 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 2015 International Codes. In
accordance with Washington State law, the adopted codes are to be effective July 1, 2016
This ordinance adopts the 2015 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 15.04.
COMMITTEE ACTION.•
10/11/2016: Discussed, approved a staff - suggested
change, and forwarded to Public Hearing
at a later date
11/9/2016: Withdrawn from the agenda
11/22/2016: Discussed and held in committee until the
first meeting in January
1/10/2017: Discussed and approved a motion to forward
as amended to introduction
COUNCIL ACTION.
9/27/2016: Introduced 7 -0
10/11/2016: Withdrawn from the Agenda. This item will
be scheduled for a public hearing at a
later date.
1/10/2017: Introduced 6 -0, Sidhu absent
1/24/2017: Adopted 5 -2 Brenner and Mann opposed
Ordinance 2017 -002
Related County Contract A I Related File Numbers: I Ordinance or Resolution Number.
Ord. 2017 -002
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.us1counciL
H:1AdptngOrdnc- Chapter 15\2015 [-Code Update\2015 I -Code agenda_bill,doc
PROPOSED BY: 1/10/2017
INTRODUCTION DATE: 9/27/2016
ORDINANCE NO. 2017 -002
An Ordinance adopting the Current State Building Code and Repealing the
Existing Title 15 of the Whatcom County Code
Whereas, the Whatcom County Council held a public hearing on Jan- 24 , 2016 to review
staff findings and recommendations, and to consider any public testimony and written
correspondence regarding Whatcom County Code Title 15, Buildings and Construction;
and
Whereas, chapter 19.27 RCW requires Whatcom County to administer and enforce the
State Building Code in the unincorporated areas within its boundaries; and
Whereas, the purpose of these codes is to promote the health, safety and welfare of the
occupants or users of buildings and structures and the general public by the provision of
building codes in Whatcom County; and
Whereas, RCW 19.27.040 allows local jurisdictions to adopt appropriate amendments to
the State Building Code; and
Whereas, modifications and /or amendments to the State Building Code as it applies to
Whatcom County are desirable for various reasons; and
Whereas, the State Building Code Council requires adoption of the 2015 edition of these
International Codes; the 2015 edition of the Uniform Plumbing Code; the 2015 edition of
the State of Washington Energy Codes; and the 2015 editions of the State of
Washington Amendments and other referenced codes, with further Whatcom County
amendments, by July 1, 2015;
NOW, THEREFORE, BE IT HEREBY ORDAINED that:
Section 1. Title 15 of the Whatcom County Code is repealed in its entirety:
Section 2. A new Title 15 is hereby adopted as shown in Exhibit A to this Ordinance.
Page 1 of 2
Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this
Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part
thereof other than the part so declared to be invalid.
Adopted this 24th day of
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTE,!�t'\�''IC!L `f,r
APPROVED as to form:
Civil 50 secutor
January 2017
A� ---
Bar Vlhanan, Chairperson
Approved ( ) Denied
Date: l 111 2-6 // -%
Page 2 of 2
EXHIBIT A
Chapter 15.04
BUILDING CODES
Sections:
15.0.4.010 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 and 70.92 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 2015 International Building Code (IBC), including the 2015 International
Existing Building Code (IEBC); 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 Whatcom County Code
(WCC) Sections 15.04.0151 15.04.020 and 15.04.050 is hereby adopted by
reference.
B. The 2015 International Residential Code (IRC), including Appendix E, G, and K,
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 -42 of this
code are not adopted.
C. The 2015 International Fire Code (IFC), including Appendix A, except as amended
per Ordinance #2007 -024, Board of Appeals; Appendices B, C, and D and the
most current supplements, as published by the International Code Council,
hereinafter referred to as the IFC, as modified by Chapter 51 -54A WAC or
successor, and as amended in WCC 15.04.040 and 15.04.050.
D. The 2015 International Mechanical Code (IMC), including Appendix A, as
published by the International Code Council, hereinafter referred to as the IMC, as
modified by Chapter 51 -52 WAC and as amended by WCC 15.04.050 or
successor.
Page 1 of 43
E. The 2015 International Fuel Gas Code (IFGC), 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 2015 edition of
NFPA 58 (Liquefied Petroleum Gas Code) and the 2015 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 2015 Uniform Plumbing Code (UPC),
the 2012 Uniform Plumbing Code Standards (IAPMO /ANSI UPC 1 -2012) and /or all
current referenced standards, and including Appendix A, B, C and I, as published
by the International Association of Plumbing and Mechanical Officials, hereinafter
referred to as the UPC, as modified by WAC 51 -56 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 2009 or successor.
1. The 2015 Washington State Energy Code, per WAC Chapter 51 -11C, Commercial
Provision, 51 -11R, Residential Provisions, and Appendix Chapters 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 E,
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 Department Director is the Building Official. 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
Page 2 of 43
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 104.1 General, is amended with the following additional language:
The Building Official defers to WCC Title 17, Flood Damage Prevention, and
per associated requirements of the Endangered Species Act (ESA), to be
administered by Public Works, River and Flood Division, for all matters
related to flood review of building permits.
2. Section 104.11 Alternate materials, design and methods of construction,
the last sentence is amended as follows:
Where the alternative material, design or method of construction is not
approved, the Building Official shall respond in writing, stating the reasons
why the alternative was not approved, when a determination request is
submitted to the Building Official in writing.
3. 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.
Page 3 of 43
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.
4. Section 105.2, 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.
Page 4 of 43
b. Fences not over 7 feet (2134 mm) high.
c. 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.
d. 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.
e. Sidewalks, walking surfaces, 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.
f. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
g. Temporary motion picture, television and theater staqe sets and scenery.
h. Prefabricated swimming pools installed entirely above - ground, accessory
to a Group R -3.
i. Shade cloth or soft cover structures constructed for nursery or agricultural
purposes and not including service systems.
j. Swings and other playground equipment.
k. Window awnings in Group R -3 and U occupancies, 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..
I. Nonfixed and movable fixtures, cases, racks, counters and partitions not
over 5 feet 9 inches (1753 mm) in height.
m. 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 Building Services Division Code Interpretation #2002-
05. Bridges 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; and per
applicable portions of IFC Section 503. 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 Building
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.
5. Section 105.3, Application for Permit, is amended to include the following:
Page 5 of 43
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 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 in the designated sequence,
as required by the Building Official.
6. 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.
Page 6 of 43
7. Section 107.2 Construction documents, is amended to include the
following:
Construction documents may be submitted in Standard English or Metric
measurement. However, the Building Official may require, at his /her
discretion, that any Metric construction documents be converted by the
applicant to Standard English measurement which then may be submitted
independently or in tandem with Metric documents.
8. Section 109.6, 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 %.
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.
9. Section 113, Board of Appeals, is amended as follows:
Appeals related to grading activity, per Appendix J and as amended per
Section 15.04.020, Subsection B, which include, are associated with in any
way, or promulgated within any regulated critical areas, per WCC Chapter 16,
are according to the provisions of WCC Sections 16.16.280 and 16.16.285
and shall be the decision of the Whatcom County Hearings Examiner.
B. Appendix J Grading, is amended as follows
1. IBC Section 104.1 General, 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,
Page 7 of 43
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 Definitions:
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.
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
Page 8 of 43
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).
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 requirements are added to J104.2 Site plan
requirements:
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
Page 9 of 43
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.
c. The plans shall show erosion control types and locations, natural features
(slopes, streams, wetlands, ponds, etc.), forested 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.
7. The Technical Administrator may require a geotechnical report be
prepared by a registered design professional to determine the quantity
of unpermitted fill brought to a site without a valid permit, as required
by this chapter.
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.
Page 10 of 43
7. Add the following as Section J104.5 Surface mining report:
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 R104.11, the last sentence is amended as follows:
Where the alternative material, design or method of construction is not
approved, the Building Official shall respond in writing, stating the reasons
why the alternative was not approved, when a determination request is
submitted to the Building Official in writing.
B. 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.
C. 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 7 feet (2134 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, walking surfaces, 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.
Page 11 of 43
7. Above ground pre- fabricated pools.
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. Uncovered 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, and do
not serve the exit door required by Section R311.4.
D. 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 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 in the designated sequence,
as required by the Building Official.
Page 12 of 43
E. Table R301.2 (1) Design Data for Whatcom County is amended as follows:
1. Ground Snow Load Table, January 1997:
Whatcom County
Approx. Average
Elevation
Revised Ground Snow
Load
Revised Roof Snow
Load
Acme
310
22
25
Bellingham
100
15
25 .............
Blaine
45
16
25
Deming
210
25
Diablo
--24
910
100
100
Ferndale
60
20
25
Glacier
900
74
74
Lawrence
145
24
25
Lynden
103
24
25
Maple Falls
643
77
77
Mt. Baker Ski
Area
4200
588
588
Newhalem
510
129
129
Nooksack
84
24
25
Sumas
36
24
25
Wickersham
310
28
28
Kendall
460
50
Paradise
460
50
Pt. Roberts
120
25
Footnotes:
1. Any proposal can challenge the above design load with engineer or
architect stamped and signed calculations and criteria.
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 2012 IBC
and /or the most current edition of the Snow Load Analysis for
Washington.
Page 13 of 43
2. Wind Speed (mph): IRC — V„it= 110 mph [Figure R301.2(4)B].
V„ if = IBC Risk Category 1 - 100 mph [Figure 1609.3(3)]; IBC
Risk Category II — 110 mph [Figure 1609.3(1)]; IBC Risk
Category III and IV — 115 mph [Figure 1609.3(2)].
3. Seismic Design: Zone Do /D1; Design Category D (See IBC
Section 1613 and /or ASCE 7)
4. Subject to Damage from Weathering: Moderate
5. Frost Line Depth: 18" (west of longitude 1220 54' 30 ",
approximately at mile post 35 of State Route 542, Mt. Baker
Highway)
6. Termite: None
7. Decay: Moderate
8. Winter Design Temp: 19 ° F
9. Ice Shield Underlayment Req.: No
10. Air Freezing Index: 260
11. Mean Annual Temperature: 48° F
F. IRC 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 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
Page 14 of 43
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.
2) DEFINITIONS
a. ADMINISTRATIVE AUTHORITY is the Department of Planning &
Development Services, the Building Services Division, and the Whatcom
County Building Official.
b. BUILDING OFFICIAL is the Director of the Planning & Development
Services Department or his /her designee. 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 Homes and Commercial Coaches. It is also
defined and cross - referenced per the current adopted edition of the IRC,
SECTION R202, DEFINITIONS, MANUFACTURED HOME.
g. MOBILE HOME is a transportable, factory-built dwelling unit constructed
prior to June 15, 1976 (prior to enactment of 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
Page 15 of 43
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 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 installed on sites that
are sloping or have poor drainage shall be installed in accordance with
Page 16 of 43
installation recommendations, provided by a professional engineer or
architect licensed in the state of Washington.
f. Manufactured homes in a floodplain must be installed per the applicable
provisions of Whatcom County Code, Title 17, Flood Damage Prevention, and
per associated requirements of the Endangered Species Act (ESA).
g. Used mobile homes older than 1976, require a fire /life safety inspection by
the State Dept. of Labor & Industries prior to building permit submittal.
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.
5) APPLICATION REQUIREMENTS
In addition to the building permit application and issuance regulations, the
following shall apply to manufactured home installations: separate application
shall be required for each manufactured home installation. The application
shall be made upon forms provided by the administrative authority and shall
be accompanied by the permit fee established herein.
a. A separate application shall be required for each manufactured home
installation. The application shall be made upon forms provided by the
administrative authority and shall be accompanied by the permit fee
established herein.
b. Each application shall be accompanied by a plot plan drawn to scale with
detail sufficient to show that the installation will meet siting requirements of all
applicable state and local regulations.
c. Applications for manufactured homes to be installed on building sites or
sites within a mobile home park shall be accompanied by two sets of
foundation plans for a permanent foundation.
6) INSPECTION
Approved installation specifications shall be available at the site at the time of
inspection of the installation. In the event that no approved installation
specifications are available or the approved specifications as provided above
do not cover all the installation requirements of this chapter, then the total
installation of the portions thereof not covered by the approved specifications
shall comply with the appropriate provisions of this code.
a. On building sites other than those in mobile home parks, the installer of the
manufactured /mobile home shall request a footing inspection after the
Page 17 of 43
placement of the footing forms and rebar and prior to pouring or placing the
footings, a tie -down inspection and a final inspection after all aspects of the
installation have been completed. For mobile home park installations, the
installer shall request a final inspection after all aspects of the installation
have been completed. All requests for inspection shall be made one working
day before such inspection is desired.
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;
Page 18 of 43
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 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.
Page 19 of 43
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 wedge -
shaped 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 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
Page 20 of 43
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 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 approved 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 welded eyes. Tension devices shall be designed to prevent
self- disconnection if the ties become slack. Ties shall connect the ground
anchors to the main frame longitudinal members. Ties must not connect to
steel outrigger beams that fasten to the main frame unless the manufacturer's
installation instructions specifically approve the connection. Diagonal ties
must lie at least 45 degrees from the vertical.
d. The installer shall space the ties as evenly as practical and shall locate a
tie within eight feet of each end of the manufactured home. The installer shall
install vertical ties at each detached corner of a clerestory roof and added -on
sections of expandable manufactured homes., the installer shall install the
following number of ties for each I -beam or other main frame longitudinal
member: according to the manufacturer's specifications or per NCSBCS /ANSI
A225.1 -1994, as indicated in the following chart:
Length of home in feet Number of vertical ties per detached Number of
(excluding hitch) corner of add -ons diagonal ties
32-54 1 15
55 -73 76
13) ASSEMBLY
The water pipe connection to the manufactured home shall have a main shutoff
valve in compliance with the 2012 Uniform Plumbing Code, Section 606..
Exterior water lines and ducting under the manufactured home shall be
insulated. In all other respects, utility connections to the manufactured home,
Page 21 of 43
including water, sewer, electricity, and gas shall comply with the applicable
county codes. Accessory structures attached to or located next to a home, such
as awnings, carports, garages, porches, or steps shall be constructed in
conformance with applicable county codes and structurally independent of the
manufactured home unless pre- approved by manufacturer. (Ord. 2004 -064
§ 2)
15.04.040 Amendments to the International Fire Code.
A. 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.
B. Section 103.1 General, is amended to read as follows:
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
C. Section 103.2 Appointment, is amended to read as follows:
The Fire Marshal is the Department Director except that a Fire Marshal
and /or Deputy Fire Marshal may be appointed by the Department Director.
The Fire Marshal /Deputy 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 Director. The Fire
Marshal for Whatcom County is authorized to enforce the provisions of this
ordinance and adopted referenced codes and amendments.
D. Section 104.1 General, is amended with the following additional
paragraphs:
The provisions of RCW 18.160.070 and the Levels of Licensing required by
the State Fire Marshal's Office will be enforced by the Whatcom County Fire
Marshal's Office as specified, including but not limited to work performed by
contractors and /or documentation verifying compliance with current
Page 22 of 43
licensing requirements. Issuance of permits may be withheld due to lack of
compliance with these provisions.
It is the interpretation and determination of the Whatcom County Fire
Marshal that the "installation of underground work of any kind for any kind of
structure" applies to the installation of fire protection systems connected to
or integral to a fire protection sprinkler system. A Level U license from the
State Fire Marshal's office shall be required. The Fire Marshal, at his /her
discretion, may require a Level U license for any underground work
determined at any stage of installation to be substantially and /or consistently
substandard.
E. Section 104.9 Alternate materials and methods, the last sentence is
amended as follows:
Where the alternative material, design or method of construction is not
approved, the Fire Marshal shall respond in writing, stating the reasons why
the alternative was not approved, when a determination request is
submitted to the Fire Marshal in writing.
F. Section 104.10 Fire investigation, is amended to read as follows:
The Whatcom County Sheriff's 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.
G. Section 104.10.1 Assistance from other agencies, is amended
with the following additional language:
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 of a 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.
H. Section 105.7.1 Automatic fire - extinguishing systems, is amended with
the addition of the following language:
Commercial cooking arrays require permanently affixed signage that states:
"Alteration of commercial cooking arrays is prohibited without prior
review and approval from the Whatcom County Fire Marshal." Sign
location to be determined by the Fire Marshal.
Page 23 of 43
I. Section 105.7.8 Flammable and combustible liquids, is amended as
follows:
1. (unchanged)
2. (unchanged)
3. To install, alter, remove, abandon, or otherwise dispose of a
flammable or combustible liquid. Abandoned underground fuel tanks
are required to be removed according to all applicable codes and
safety standards except under special circumstances, such as steep
or extreme topography, significant physical obstructions, or similar
circumstances, as approved per the discretion and judgment of the
Fire Marshal.
J. 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, except as
amended in WCC Chapter 15.04.
K. Section 202 General Definitions, is amended to read as
follows:
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, except as stated in IFC
Section 104.11 and /or where the Fire Marshal has delegated a specific
responsibility to the Fire Chief of a given fire district by verbal, written,
and /or historic agreement.
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 and as amended per WCC
15.04.040.
L. Chapter 5 is amended to include adoption of all sections of the chapter
not adopted by Washington State Amendments, Chapter 51 -54A, as
authorized per RCW 19.27.060, #5
M. Appendix B, Fire Flow Requirements for Buildings is amended as
follows:
1. Section B103.1 Decreases. The Fire Marshal is authorized to reduce
the fire -flow requirements for isolated buildings or a group of buildings
in rural areas or small communities where the development of full fire-
Page 24 of 43
flow requirements is impractical. This may include consideration of
alternative materials and methods where the Fire Marshal finds that
the proposed design is satisfactory and complies with the intent of the
provisions of this code, and that the material, method, or work is at
least the equivalent of that prescribed in this code in quality, strength,
effectiveness, fire - resistance, durability, and safety.
2. Section B104.1 General, is amended as follows:
a. The fire -flow calculation area shall be the total floor area of all floor
levels within the exterior walls, and under horizontal projections of the
roof of a building (such as a connecting breezeway), otherwise
including only areas that are fully enclosed on all sides and which have
a full ceiling height. Full ceiling height means an average (50% or
more) ceiling height of 6 (six) feet — 8 (eight) inches (203.3 cm),
including under -floor areas that are accessed by a side - hinged man
door, sliding door, overhead door, or similar standard height access.
The calculation area is measured to the outside surface of exterior
and /or enclosure walls.
b. In general, commercial and industrial structures will be measured
according to the same methodology as residential /accessory buildings,
except that structures will also be judged according to their use and
corresponding hazard, according to the applicable codes in the IFC
and IBC, and according to the judgment and discretion of the Fire
Marshal. As such area may be calculated for roof only (open sided)
structures, covered open /partially open portions of buildings, to the
outside edge of eaves, and /or for uncovered portions of structures
(decks, balconies, loading docks, etc.) on a case -by -case basis where,
in the discretion of the Fire Marshal, it is warranted to preserve the
health, safety, and welfare of the public, building occupants, and /or
emergency responders.
3. Section B105.1 One- and two - family dwellings:
a. The minimum fire flow and flow duration requirements for one- and two -
family dwellings having a fire -flow calculation area, including both existing
and new proposed building area, that measures in excess of 4000 square
feet (371.6 m2) shall be 500 GPM @ 20 psi for 1 hour.
b. An NFPA 13D automatic sprinkler system throughout the measured fire
area of a residence and /or residential accessory building qualifies as 100%
reduction /mitigation in fire flow when the requirement threshold is exceeded.
Page 25 of 43
c. An NFPA 13 -D automatic sprinkler system is required throughout all
dwellings with a measured fire area exceeding 8000 square feet. In addition,
fire -flow for dwellings with a fire -flow calculation area exceeding 8,000 square
feet (743.2 m2), shall not be less than that specified in Table 8105.1, as
amended by Whatcom County, except that the flow duration may be a
minimum of one hour.
d. Table 8105.1(1) is not adopted.
4. Section B105.2, Buildings other than one- and two - family dwellings, is
amended as follows:
DEFINITIONS:
• Agricultural Building. Livestock shelters or buildings, including
shade structures and milking barns; poultry buildings or shelters;
barns; storage of equipment and machinery used exclusively in
agriculture; horticultural structures, including detached production
greenhouses and crop protection shelters; sheds; grain silos; stables.
(IBC Appendix C, Group U- Agricultural Buildings)
• Agricultural processing building and /or facility.
Buildings /facilities where agricultural products are cooled, frozen, or
dried and packaged in their otherwise unaltered, primary state for
shipping to distribution sales outlets. Ag processing buildings /facilities
may include conveyors, refrigeration equipment and rooms, other
applicable processing or environmental mechanical equipment,
offices, employee facilities, restrooms, product and product packaging
storage, loading docks, and similar applicable accessory
appurtenances.
Although Ag processing buildings /facilities are determined by
Whatcom County to be a Group U occupancy for purposes of
determining fire flow requirements, they represent a more intensive
use than agricultural buildings, based on the typical number of
personnel (even if seasonal), type of equipment, and typical
operations. Appropriate, applicable health, fire, and life /safety codes
and regulations will be applied in the review process of these
buildings /facilities.
Page 26 of 43
Cooking, modifying, altering, combining, and /or other secondary food
processing /manufacturing is not considered Ag processing. The
primary use for this type of processing is determined to be a Group F
occupancy per applicable provisions of the IBC and other adopted
codes and regulations.
5. The minimum fire -flow and flow duration requirements for private
garages, detached shops, and agricultural storage buildings (Group U
occupancy) shall be 500 gpm @ 20 psi for 1 hour.
Exception: Fire -flow is not required if the structure meets one of the
following criteria:
1. It does not exceed 2500 square feet (232.3 m).
2. It is protected by an approved automatic fire sprinkler system
3. It has 60 foot setbacks to all property lines, and other structures
on the same lot. Setback measurement may include the full width of
an adjacent public way, no -build easement recorded with the
Auditor to run concurrent with the deed, or similar instrument or
provision acceptable to the Fire Marshal.
4. It has 100 foot setbacks to all property lines and other
structures on the same lot for buildings which include hay storage,
other combustible fibers, the potential for loose combustible fibers,
and /or the potential for combustible dust (IFC Sections 2204 and
3704.1; NFPA 61). Setback measurement may include the full
width of an adjacent public way, no -build easement recorded with
the Auditor to run concurrent with the deed, or similar instrument or
provision acceptable to the Fire Marshal.
6. The minimum fire -flow and flow duration requirements for agricultural
processing buildings not exceeding 6000 square feet (557.4 m2) shall
be 500 gpm @ 20 psi for 1 hour. If the building exceeds 6000 square
feet (557.4 m2), Table B105.1, as amended by Whatcom County, shall
apply except that, at the discretion of the Fire Marshal, where
adequate and reliable water supply systems do not exist the duration
may be reduced by up to 50 %, but not to be reduced to below a
duration of 1 hour.
Page 27 of 43
Exception: Fire -flow is not required if the structure meets one of the
following criteria:
1. It does not exceed 2500 square feet (232.3 m2), in measured fire
area.
2. It has 60 foot setbacks to all property lines, and other structures
on the same lot. Setback measurement may include the full width of
an adjacent public way, no -build easement recorded with the
Auditor to run concurrent with the deed, or similar instrument or
provision acceptable to the Fire Marshal.
3. The building is provided with an NFPA 13 automatic sprinkler
system throughout, including water storage to support the sprinkler
system per the system design, plus an additional 500 gpm of fire
flow at 20 psi for a duration of one hour, to be available at an
approved hydrant or hydrants as determined by the Fire Marshal.
7. The minimum fire -flow and flow duration requirements for buildings
other than one- and two - family dwellings and Group U buildings
specified above, shall be as specified in Table B105.1, as amended by
Whatcom County, with the ability to apply fire - protection credits as
described in Table B105.2 but not to be reduced to below 500 GPM @
20 psi for duration of 1 hour for Group F and S occupancies, including
accessary occupancies (per IBC 508.2); 1500 GPM @ 20 psi for a
duration of 1 hours for occupancies and /or mixed occupancies
including Group B, E, I, M, and R occupancies except where lower
gpm is indicated per Table B105.1. Fire -flow reductions for Group H
occupancies may only be considered at the discretion of the Fire
Marshal. Increases in fire flow may be required based on the Fire
Marshal's evaluation of operational hazard and /or occupancy group.
Fire protection credits shall not allow the elimination of required
systems as required in other parts of the Fire Code.
Exception: Fire flow is not required if the structure meets all of the
following criteria:
1. It does not exceed 2500 square feet (232.3 m2)
2. It does not contain a hazardous operation, as determined by the
Fire Marshal.
3. Not a Group A occupancy.
Page 28 of 43
Tables B105.1, B105.2, B105.3
- -
TABLE B105.1
Fire -flow for Buildings Other than One- and Two- Family Dwellings aiid
Private Garages and Commercial Agricultural Buildings Grou U
Construction Tvne (a)
IA & IB
IV &
IIA & IIIA VA
IIB &
IIIB
VI3
Required
Fire Flow
GPM
Duration
Hours
WHEN TOTAL EIRE AREA INSQUARE FEET
(bl IS EQUAL TO OR
LESS THAN THESE VALUES
5 500
3,700
2 600
2 100
1 600
500
1
11.100
6,800
4 700
3 500
2,400
750
1
15 900
9 300
6,200
4_,_5 0 0
2 900
1 000
1
22,700
12,700
8,200
5 900
3 600
1 250
1
30 200
17,000
10 900
7,900
4 800
1 500
1
38,700
21,800
12,900
9 800
6,200
1,750
1.5
48 300
24,200
17 400
12 600
7 700
2000
1.5
59,900
33 200
21 300
15 400
9 400
2 250
1.5
70 900
39,700
25,500
18,400
11,300
2 500
2
83 700
47,100
30.100
21,800
13,400
2 750
2
97,700
54,900
35,200
25,900
15 600
3 000
2
112,700
63 400
40 600
293-0-0
18 000
3,250
3
128 700
72,400
46,400
33,500
20,600
3 500
3
145,900
82,100
52,500
37,900
23,300
3,750
3
164 200
92,400
59,100
42 700
26,300
4 000
4
184,400
103,100
66000
47 700
29,300
4,250
4
203,700
114 600
73,300
81 100
53 000
32 600
4 500
4
225,200____126
700
58 600
36,000
4 750
4
247,700
139 400
89 200
65 400
39,600
5 000
4
271 200
152,600
97,700
70 600
43 400
5 250
4
295 900
166 500
106 500
77,000
47 400
5 500
4
GREATER
GREATER
115,800
83,700
51 500
5 750
4
125 500
90 600
55,700
6,000
4
135,500
97 900
60,200
6 250
4
145,800
106 800
64 800
6,500
4
156,700
113,200
6 60
6 750
4
167,900
121 300
74 600_
7 000
4
179,400
129,600
138,300
GREATER
79 800
85,100
GREATER
7 250
4
191 400
7,500
4
GREATER
7 750
4
;C@ Tykes of corstruetion are based upon the current adopted edition of the 188.
(b) Each portion of a buildlnu shall be considered as a separate fire area when separated by one or more fire walls
built in accordance with the IBC.
Page 29 of 43
TABLE B105.2
Fire Protection Credit for Commercial Rural Fire -Flow
Reduction (b) y
25%
Options to Reduce Fire -Flow (a)
NFPA Monitored Fire Alarm
NFPA 13 Automatic Sprinkler System
40' Minimum Setbacks (c)
I
75%
25%
(a) Credits used for or with substantial alterations shall be applied to the entire structure.
(b) Reductions will be simply rounded to the closest fire flow rate and applied for the duration
prescribed by that flow rate. In cases of an equal distance between two rates, the rate will be
rounded down.
(c) Setbacks apply to all property lines and buildings, on all sides of the structure. Setback
measurement may include the full width of an adjacent public way, no -build easement
recorded with the Auditor to run concurrent with the deed, or similar instrument or provision
acceptable to the Fire Marshal.
N. Appendix C, Fire Hydrant Locations and Distributions, is
amended with the following added section:
a. Section C106 Subdivision Alternative, is added to the
Appendix:
C106.1 Hydrant placement alternative, subdivisions and
plats with no fire flow infrastructure require a minimum lot
size of 1 (one) acre and a minimum 20 (twenty) foot setback
from property lines to structures, in addition to applicable fire
flow requirements per Appendix B as amended.
O. Appendix D, Apparatus access roads, is amended as follows:
a. Section D103 Minimum Specifications, is amended with the
following additional language:
1. Fire apparatus access roads serving up to 2 (two) residential lots,
where building location is less than one hundred fifty feet (150') from
approved access roads require a minimum width of 12 feet (3658
mm) and a minimum vertical clearance of 13 feet -6 inches (4115
mm).
2. Fire apparatus roads over one hundred fifty feet (150') long
serving up to two residential lots:
a. Minimum width — twelve foot (12') driving surface with turnouts
no farther than every six hundred feet (600') when required by the
Page 30 of 43
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'). See Exhibit B.
b. Vertical clearance — minimum thirteen foot, six inch , (13' -6 ")
unobstructed vertical clearance for the required width of the road.
See Exhibit A.
3. Surface — Per Whatcom County Development Standards (WCDS),
Chapter 5, Road Standards. Minimum standard per Exhibit C,
Driveway Section.
4. Turning radius — minimum thirty -five foot (35') radii. Residential
private roads and driveways per Exhibit C and D.
5. Turnarounds — For all projects other than residential or residential
accessory, turnarounds shall be a minimum twenty foot (20') wide
drivable surface, and legs sixty feet (60') long per WCDS, Chapter 5,
Road Standards. Where options are limited by topography or at the
discretion of the Fire Marshal for other considerations, turnarounds
for residential or residential accessory structure access may be a
minimum twenty foot (20') wide drivable surface and turnaround legs
forty -five feet (45') long. Turnarounds shall be located within 150 feet
of a structure that requires access but no closer than 50 feet unless
otherwise approved by the Fire Marshal where topographic or
other significant obstacles exist. See Exhibit D.
6. 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 and per applicable
portions of IFC Section 503. Vehicle load limits shall be posted at
both entrances to bridges when required by the Fire Marshal.
7. Grade per Exhibit A and WCDS, Chapter 5, Road Standards.
Residential and residential accessory structures accessed by roads
or driveways exceeding 12% grade require mitigation such as an
automatic sprinkler system, per NFPA 13 -D, throughout the
applicable building(s); an approved fire flow system; equivalent
mitigation approved at the discretion of the Fire Marshal in addition to
standard access road requirements.
Page 31. of 43
8. Installation of residential accessory buildings less than 2500 sf,
small residential /accessory additions, and similar minor changes or
alterations may be exempt or may not trigger road standard
improvements on a case by case basis at the discretion of the Fire
Marshal.
b. Section D103.5 Fire apparatus and access road gates, is amended as
follows:
Gates installed across emergency apparatus access roads and
driveways require a permit from the Fire Marshal's office.
Item #1 is amended as follows:
Where a single gate is provided, the net openable gate width shall be
not less than 20 feet (6096 mm). Where a fire apparatus road
consists of a divided roadway (one separate lane in each direction) or
the current required width of the apparatus access road is a minimum
of 12 feet (3658), the net openable gate width shall be not less than
12 feet (3658 mm) at each lane or road. The net openable width of
the gate shall not be less than the applicable required drivable
surface width of any access road or driveway.
Add to Item #10:
At the Fire Marshal's determination, applications for gates proposed
to be installed across private access easements, roads, and
driveways, which are shared by multiple property owners /users, may
be required to include written, notarized, confirmation from all
property owners /users approving the gate installation.
Add as Item #11:
Gate installations where multiple properties are accessed shall
include an approved universal public safety access system that will
allow access by all emergency responders.
Add as Item #12:
Where deemed appropriate, the Fire Marshal may require language
addressing maintenance responsibilities and /or incorporation of
maintenance language and other relevant information regarding any
gate to be recorded with the County Auditor separately or as part of
the access easement (s) description.
c. Fire apparatus access roads — Access serving more than Two (2)
residential units shall meet the following:
1. Standards per Exhibit A and current adopted Whatcom County
Development Standards (WCDS), Chapter 5, Road Standards.
Page 32 of 43
2. The Fire Marshal may make modifications in these standards if the
road is not buildable because of topography, waterways,
nonnegotiable grades, or similar conditions. These modifications are
based on:
a. The building being protected by a minimum NFPA 13D
Automatic Sprinkler System.
b. Additional fire protection features as required by the Fire
Marshal.
3. When, in the opinion of the Fire Marshal, a residential addition or a
new detached accessory buildings will not create a more significant
fire load or hazardous situation, exceptions may be made for:
Minor additions to existing dwellings not exceeding 1248 square
feet of net measurable fire area where the total measurable fire
area of the contiguous building (new and existing) does not
exceed 4000 square feet.
• One, small, detached accessory building not exceeding 864
square feet in measurable fire area or where the aggregate
measurable fire area of all detached accessory buildings on a site
does not exceed 864 square feet.
d. 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.
e. See Exhibits A, B, C, and D, for additional information, details,
and illustrations amending Appendix D.
Page 33 of 43
Exhibit A: Private Roads /Streets, Driveways and Fire Apparatus Access
This section applies to roads /streets that are privately owned, generally within an
easement providing direct access to private land(s) for local traffic movement and
connect to local public access, collectors or arterial roads /streets. Private roads /streets
are maintained with private funds and where the county, municipality or WSDOT
performs no maintenance.
Criteria for Authorization: Private roads /streets may be permitted when so provided in
appropriate ordinances or at the discretion of the County Engineer when:
1. Covenants have been approved and recorded with the County which
provide for maintenance of the private roads /streets and associated
parking areas by the owners in the development, including placing of liens
for non - payment of fees, and /or road maintenance agreement(s) on the
face of the Long Plat, Short Plat, or Binding Site Plan.
Z Provision is made for the roads /streets to be open at all times for
emergency and public service vehicle use.
3. The private road is not needed as a public road and will not obstruct public
street circulation.
4. Intersection spacing between private roads shall be consistent with the
spacing shown in Development Standards Section 505.M.
5. The roads are within a private community with a corporate identity or
Homeowners Association, as identified by the State of Washington under
RCW 64.38.
6. Fire Apparatus Access Roads (Private Roads /Streets and Driveways)
a) County fire code requirements for "Fire Apparatus Access Roads"
are contained in WCC 15.04.010 and as amended in WCC
15.04.040.
b) Criteria. The following criteria, per Exhibit A Geometrics, apply to
Fire Apparatus Access Roads serving residential and residential
accessory use:
Page 34 of 43
Exhibit A Geometrics:
Road
Use 1
Incremental
Grade, %
Minimum
Width, ft
Surface
Treatment
1-=2
Paved (2)
18(51
12
minimum
12-14
Paved (2)
15-18
Heated
grooved
15 - 18
Unobstructed
< 12
CSTC``
Minimum
Vertical
Clearance, ft
Radii ft
12-14
Paved (2)
18(51
36
25
Heated
505.E -6
505.E -1,
15 - 18
rooved
PCC
< 12
Paved (2)
7 or
12-14
Paved (2)
26(5)
more
Heated
15 — 18(6)
roq axed
PCC
Unobstructed
Minimum Turninc.
See also
Deveiopmen_t
Minimum
Vertical
Clearance, ft
Radii ft
LInside
Outside
Standards
Dra g
13.5
25
40
505.E -6
505.E -1,
13.5 I 25(61 I 43 (6)
505.E-2,
S" See also Development Standards Section 505.1.3 -- Horizontal Curves
Road Users rearesents the number of dwelling units/single households, Per the Public works Dept., a single
household is the approximate equivalent of 10 average daily trips (ADT).
Grades exceeding 180/6 may require special and /or multiple miti ation measures and will be approved at the
discretion of the Fire Marshal.
• Turnouts - For driveways and roadways less than 20 feet wide, see Exhibit
B (Development Standards Drawing 505.E -5).
• Turnarounds - Establish turnarounds for driveways and roadways greater
than 150 feet in length per Exhibit D (Development Standards Drawing
505.E -6, 505.E -1, or 505.E -2 as applicable). Subject to other related codes
and standards, i.e. Title 20.80.
• Fire Hydrants - Where a fire hydrant is located on a Fire Apparatus
Access Road, the minimum roadway width shall be 26 ft. for a length of 40
ft. centered on the fire hydrant.
• Bridges - At the discretion of the Fire Marshal all bridges shall meet the
requirements in Development Standards Section 513 Bridges and
Page 35 of 43
Associated Retaining Walls. See WCC Section 15.04.040, Section A, Item
11, Subsection b.
• Security Gates and Emergency Accesses - The County Fire Marshal
requires a separate permit for any security gate or emergency access
restricting device /system.
i
• Access Approach Surfacing Requirements - All fire apparatus access
approaches shall have an approved paved /hard surfaced apron unless
otherwise directed pursuant to this section and Development Standards
Section 508 Roadside Features. See Exhibit C, Driveway Section.
• Additional or Alternative measures - The County Fire Marshal may
consider or require additional or alternative fire protection measures on a
case by case basis.
Criteria for Construction: Private roads /streets shall conform to the applicable sections
of these Standards. Also see Development Standards Drawings 505.E -1 and 505.E -2.
Page 36 of 43
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Page 39 of 43
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 105.3.1 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 than
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, 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. 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.
Page 40 of 43
1. The following paragraph shall be added to IBC Section 114.1, IRC
Section R113.1, and IFC Section 109.1:
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 or 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.
2. The following paragraph shall be added to IBC Section 114.1, IRC
Section R113.1, and IFC Section 109.1:
When construction, development, modification, or any changes to a
structure have taken place without a valid permit as required by this chapter,
the County may, at its discretion and as it deems necessary for compliance,
may require the structure to be restored to its original construction /condition.
This may include, but is not limited to, complete or partial demolition of the
structure or remodel; removal of framed walls or other structural
components; electrical systems and /or components; cabinets, doors,
countertops, fixtures, drywall; plumbing and /or plumbing fixtures; applicable
appliances. Time lines required to restore the structure to its original
condition shall be at the discretion of the County.
C. Stop Work Orders.
1. Sections 115 of the IBC, R114 of the IRC, and 111 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 notice of violation, to be delivered to the
owner, operator, 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 pre- deprivation hearing
within 10 calendar days of notice /order. In an emergency situation where
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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 of the IBC, R113 of the IRC, and 109 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 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 109.3 of the IFC is amended as follows:
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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 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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