Section R103, Creation of enforcement agency. |
R103.1 Creation of enforcement agency. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official. The building and fire safety division of the public services department shall function as the enforcement agency. |
R103.2 Deleted. See YCC § 13.04.010. |
R103.3. Deputies. In accordance with prescribed procedures of the jurisdiction and with the approval of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plans examiners and other employees. Such employees shall have powers as delegated by the building official. |
R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt and enforce rules, policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such interpretations, policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. Such interpretations, policies and procedures adopted by the building official as authorized in this code shall become part of Chapter 1, Administration, and shall be applied in conjunction with the provisions of Chapter 1. |
R104.8 Liability. The building official, officer or employee charged with the enforcement of this code, while acting in the discharge of their official duties, shall not thereby be rendered liable personally and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required, or permitted, or in the scope of their official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the code enforcement agency, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. |
R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. |
Building: |
1. Non-habitable, one-story, no loft storage, detached, unheated residential accessory structures on the same lot with a Group R-3 occupancy (house) used as tool and storage sheds, playhouses, pump houses, or woodsheds, provided the building area, exterior wall measurement, does not exceed 200 square feet (18.58 m2), maximum 24" eave overhang, and maximum 10' wall height. In addition, in order to qualify as being exempt from permitting requirements of section 105, the structure must meet all of the following conditions: |
• The structure shall not have a basement or crawl space that provides greater than 18 inches clearance below floor joists to the lowest part of the basement or crawlspace |
• The structure shall not be located in an area designated as a "critical area" or "shoreline area" by state or local regulation |
• The structure shall not be located in a flood plain or floodway mapped by FEMA. |
• The structure is not located in a Moderate, High, or Extreme Wildland Urban Interface risk zone. |
• The combined total of residential accessory structures exempt from permitting requirements of section 105 on any one lot shall not exceed 2 structures- each 200 square foot maximum. There shall be a minimum 6' spacing between the accessory structures. Additional residential accessory structures may be built by obtaining permits for them. |
• The structure shall not be used, or intended to be used, for living, sleeping, or cooking |
• The structure shall not be used as a carport or garage for the storage of automobiles, tractors, motor homes, recreational vehicles or similar motorized vehicles. Note: lawn mowers, garden tillers, and other small motorized lawn and garden care equipment may be stored |
• The structure shall not be used for storage of agricultural products, farm equipment |
• The structure may be used as a portable animal shelter (maximum size is 360 square feet) The structure is not used, or intended to be used, as a place of business |
• The structure shall not be equipped with any plumbing system (i.e. bathroom), may include plumbing equipment for use as a well pump house |
• The structure shall not be equipped with any mechanical system |
• The structure is not used for storage of hazardous materials in excess of the amounts listed in the Fire Code. (maximum allowable quantity per control area of hazardous materials posing a physical hazard, and maximum allowable quantity per control area of hazardous materials posing a health hazard). |
Structures that do not meet the above parameters and conditions are not exempt from the permitting requirements of R105 and it is required that permits must be obtained prior to commencing construction. |
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 (18927 L) and the ratio of height to diameter or width does not exceed 2 to 1. |
5. Sidewalks, platforms, decks without roof covers- rafters only are permitted (i.e. pergola), ramps, and driveways not more than 30 inches (762mm) above adjacent grade at any point. |
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. |
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. |
8. Swings and other playground equipment accessory to a one or two-family dwelling. |
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. |
11. Replacement or repair of siding that is not required to be fire resistive, except for homes and multi-family housing located in wildfire hazard areas requiring a fire resistive roof. |
12. Retrofitted insulation where no structural alterations are required. |
13. Door and window replacement where no structural member is changed and the replacement does not involve an egress bedroom window. |
14. Reroofing where replacement or repair of the roofing material conforms to the requirements of section R908, Reroofing, of this code, the roof is not required to be fire resistive, and the residence or multi-family structure is not located in a wildfire hazard zone requiring a fire resistive roof. |
Electrical: |
Repairs and maintenance: A permit shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. |
Gas: |
1. Portable heating, cooking or clothes drying appliances. |
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. |
3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. |
Mechanical: |
1. Portable heating appliance. |
2. Portable ventilation appliances. |
3. Portable cooling unit. |
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. |
5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. |
6. Portable evaporative cooler. |
7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. |
8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. |
The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. |
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the re-placement or rearrangement of valves, pipes or fixtures. |
R105.3.1.1 Substantially improved or substantially damaged existing buildings in areas prone to flooding. For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in an area prone to flooding as established by Table R301.2(1), the building official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the assessed value of the building or structure before the damage has occurred or the improvement is started, the finding shall be provided to the board of appeals for a determination of substantial improvement or substantial damage. Applications determined by the board of appeals to constitute substantial improvement or substantial damage shall require all existing portions of the entire building or structure meet the requirements of Section R322. |
For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the assessed value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work performed. The term does not include either of the following: |
1. Improvements of a building or structure required to correct existing health, sanitary or safety code violations identified by the building official and which are the minimum necessary to assure safe living conditions; or |
2. Any alteration of an historic building or structure provided that the alteration will not preclude the continued designation as an historic building or structure. For the purpose of this exclusion, an historic building is: |
2.1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or |
2.2. Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or |
2.3. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior. |
R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and provide justifiable cause, satisfactory to the building official, as to why the extension should be granted. All permits issued under this code shall expire 6 years after the date that the permit was issued if the work has not received an approved final inspection. In the instance where a permit expires 6 years after the issuance date due to not having an approved final inspection, an application for a new permit for the work shall be submitted, reviewed for compliance with applicable regulations then in effect, and when approved for issuance and all required fees have been paid, a new permit for the work will be issued. |
R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid. |
R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The fee for each permit shall be as set forth in Amended Table 1-A as established in YCC § 13.24.020. |
R108.2.1 Plan Review Fees. When submittal documents are required to be submitted by Section R106, a plan review fee in addition to the permit fee shall be paid at the time of submitting submittal documents for plan review. Said plan review fee shall be SIXTY-FIVE (65) PERCENT of the building permit fee as shown in Amended Table 1-A. |
The plan review fees specified in this subsection are separate fees from the permit fees specified in Section R108.2 and are in addition to the permit fees. |
When submittal documents are incomplete or changed so as to require additional plan review, or when the project involves phased approvals as defined in Section R106.3.3, an additional plan review fee shall be charged at the rate shown in Amended Table 1-A. |
R108.3 Building permit valuations. The determination of value or valuation under any of the provisions of this code shall be made by the Building Official by reference to the "building valuation data" as published by the International Code Council. The value to be used in computing the building permit and building plan review fee shall be the total value of all construction work for which the permit is issued. The value or valuation to be used in calculating fees is calculated from the "building valuation data" published by the International Code Council by taking the value per square foot area for the occupancy group and construction type that matches the occupancy group and the construction type of the building for which a permit application has been submitted from the valuation table, and multiplying that value by the building area, as defined in IBC Section 202, to establish the valuation to be used in calculating the permit fee and the plan review fee as set forth in section R108.2 and R108.2.1. |
R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. |
R108.5 Refunds. The building official is authorized to establish a refund policy. |
R108.6 Work Commencing Before Permit Issuance. Any person who commences any work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the cost of enforcement to the jurisdiction. The minimum investigation fee shall be the same as the permit fee set forth in Amended Table 1-A. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. |
R112.1 General. The board of appeals created in Section 113 of the International Building Code as amended in YCC § 13.05.060 shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code. The building official shall be an ex-officio member of said board but shall have no vote on any matter before the board The board shall follow the rules of procedure for conducting its business set forth in Section 113 of the International Building Code as amended in YCC § 13.05.060, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. |
R112.2.1 Determination of substantial improvement in areas prone to flooding. When the building official provides a finding required in Section R105.3.1.1, the board of appeals shall determine whether the value of the proposed work constitutes a substantial improvement. A substantial improvement means any repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the assessed value of the building or structure before the improvement or repair is started. If the building or structure has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work performed. The term does not include: |
1. Improvements of a building or structure required to correct existing health, sanitary or safety code violations identified by the building official and which are the minimum necessary to assure safe living conditions; or |
2. Any alteration of an historic building or structure provided that the alteration will not preclude the continued designation as an historic building or structure. For the purpose of this exclusion, an historic building is: |
2.1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or |
2.2. Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or |
2.3. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior. |
R112.2.2 Criteria for issuance of a variance for areas prone to flooding. Variances are interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; that they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare. A variance shall be issued only upon: |
1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards in Section R322 inappropriate. |
2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable. |
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. |
4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard. |
5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property. |
R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. |
R113.2 Notice of violation. The building official, or his designee, is authorized to serve a notice of violation or order on the property owner and other person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the unlawful activity, action or condition and the abatement of the violation. Such notice and order shall be in accordance with the provisions of YCC § 13.25.015. |
R113.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. |
R113.3.1 Violation of a notice or order deemed a misdemeanor or infraction. Any person, firm or corporation failing to comply with a notice of a violation or order to comply served in accordance with Section R113.2 shall be subject to issuance of a misdemeanor citation and / or civil infraction as provided in YCC Chapter 13.25. If the notice of a violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. All costs to the County of any action taken by the County on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. |
R113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive or order of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law and as provided in YCC § 13.25. Each day that a violation continues after due notice has been served shall be deemed a separate offense. |
ACCESSORY STRUCTURE. A structure not greater than 3,000 square feet (279 m2) in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling(s) and which is located on the same lot. The term accessory structure shall not be taken to include structures meeting the definitions of "dwelling," "dwelling unit," "sleeping unit," "rooming unit," "habitable space," "housekeeping unit," or "intended to be occupied as a residence" as these terms are defined in the codes adopted in Yakima County Code Title 13. |
DETACHED STRUCTURE Any structure that does not have a wall or roof in common with another structure and whose exterior walls are surrounded by yards extending from the exterior walls a distance of at least five feet. |
RESIDENTIAL STORAGE STRUCTURE A structure that is intended solely for the storage of household goods, lawn and garden equipment, materials typically found in sufficient quantity for residential purposes, and other related goods and machinery intended solely for the use of the residents of the single-family property upon which it is located. |
TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
GROUND SNOW LOADk | WIND SPEEDd (mph) | SEISMIC DESIGN CATEGORYf | SUBJECT TO DAMAGE FROM | WINTER DESIGN TEMPe | ICE SHIELD UNDERLAY-MENT REQUIREDh | FLOOD HAZARDSg | AIR FREEZING INDEXi | MEAN ANNUAL TEMPj | ||
Weatheringa | Frost line depthb | Termitec | ||||||||
Case Study | 110 ULT 85 ASD | C, D0 and D1 are present | SEVERE | 24 " | Slight to Moderate | 2° F | YES | See g (a) and (b) | 1,000 – 2,000 | 50°F |
For SI: 1 pound per square foot = 0.0479 kN/m2, 1 mile per hour = 1.609 km/h. | |
a. | Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. |
b. | The frost line depth may require deeper footings than indicated in Figure R 403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. |
c. | The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. |
d. | The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)A]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. |
e. | The outdoor design dry-bulb temperature shall be selected from the columns of 971/2-percent values for winter. Deviations from the temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. |
f. | The jurisdiction shall fill in this part of the table with the Seismic Design Category determined from Section R301.2.2.1. |
g. | The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be amended. |
(a) | 1985 |
(b) | The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA), in a scientific and engineering report entitled "The Flood Insurance Study for Yakima County, Washington and Incorporated Areas" dated November 18, 2009, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of Chapters 13.05.010 through 13.05.170 and are established as flood hazard areas. The flood insurance study and maps are on file at the Yakima County Courthouse Building, Yakima, Washington. The best available information for flood hazard area identification as outlined in 16C.05.44.060 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under 16C.05.44.060. |
h. | In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, for areas where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES". Otherwise, the jurisdiction shall fill in this part of the table with "NO". |
i. | The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html. |
j. | The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html. |
k. | The Structural Engineers Association of Washington has conducted a case study (CS) for Washington State. This case study, titled "Snow Load Analysis for Washington," may be used to establish the ground snowload in all areas of Yakima County in lieu of a site specific case study. |
R322.1.7 Protection of water supply and sanitary sewage systems. |
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems in accordance with the plumbing provisions of this code as amended by Chapter 51-51 WAC. New and replacement sanitary sewage systems shall be designed in accordance with the provisions of Chapter 8, ASCE 24 to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters. |
R322.2.2.1.2 Enclosed area below design flood elevation and below grade on all sides. |
The building official is authorized to approve the construction of enclosed areas, including crawl spaces for new construction and substantial improvements, that are below the design flood elevation, and that are below grade on all sides when it has been demonstrated to the building official's satisfaction that the following criteria will be met: |
1. The velocity of floodwaters at the site do not exceed 5 feet per second during the 100 year flood event. |
2. The interior grade of the enclosed space below the design flood elevation is not more than 2 feet below the lowest adjacent exterior grade. |
3. The height of the below grade enclosed space, measured from the lowest interior grade of the enclosed space to the highest point of the top of the foundation wall is not more than 4 feet. |
4. There are provisions for a drainage system that will remove floodwaters from the interior of the enclosed space within a reasonable time after a flood event. Such provisions may be accomplished by natural drainage through porous, well drained soils, gravity flow drainage systems, mechanical drainage systems, or other system approved by the building official. Soils reports, design calculations, or other information adequate to substantiate the adequacy of the proposed drainage system shall be submitted to the building official for his review. |
5. The enclosed space meets all of the requirements of R322.2.2. |
6. The enclosed space meets the requirements of FEMA/FIA TB 11-1. |
R322.2.3.1 Residential construction within 100 feet of a floodway or ordinary high water mark. |
Residential construction within 100 feet of a floodway or ordinary high water mark, if no floodway has been established, shall also meet the requirements of Yakima County Code 16C.05.28.010 and 020 as applicable, or 16D.05.28.010 and 020 as applicable. |
R408.7 Flood resistance. |
For buildings located in flood hazard areas as established in Table R301.2(1): |
1. Walls enclosing the under-floor space shall be provided with flood openings in accordance with Section R322.2.2. |
2. The finished ground level of the under-floor space shall be equal to or higher than the outside finished ground level on at least one side. |
Exception: Under-floor spaces that meet the requirements of FEMA/FIA TB 11-1 and R322.2.2.1 as amended in YCC13.06.085. |