The 2021 Edition of the International Residential Code, published by the International Code Council, as adopted and amended by the Washington State Building Code Council in Chapter 51-51 WAC, and as may subsequently be amended, is hereby adopted by reference as though fully set forth herein, with the following additions and amendments; provided, that any law enforcement action commenced under any prior code shall remain in full force and effect unless the misconduct charged under a prior code is lawful under the newer code or standard.
(Ord. 1538-04 § 7, 2004; Ord. 1632-07 § 2, 2007; Ord. 1718 § 2, 2010; Ord. 1836 § 6, 2013; Ord. 1939 § 2, 2016; Ord. 2042 § 2, 2021; Ord. 2099 § 2, 2023)
Section R108 of the International Residential Code is amended as follows:
R108.2 Schedule of permit fees. On building, structures, electrical, fire sprinkler, fire alarm, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with Table 1-A-Building Permit Fees of the 1997 edition of the Uniform Building Code, published by the International Conference of Building Officials, which table is hereby adopted by reference. The fee for plan review shall be 65% of the permit fee.
R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, fire sprinkler, fire alarm, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor, and shall be established in accordance with Table 1 – Square Foot Construction Costs, Building Evaluation Data Sheet from the Building Safety Journal published by International Code Council.
(Ord. 1538-04 § 7, 2004; Ord. 1836 § 7, 2013)
Section R112 of the International Residential Code is amended to read as follows:
R112.1 General. Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, shall be heard and decided by the Hearing Examiner in accordance with FMC 2.92 and FMC Title 14.
R112.2 Limitation on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is imposed. The Hearing Examiner shall have no authority to waive requirements of this code.
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 Hearing Examiner 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 exceeds 50 percent of the market 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 improvements regardless of the actual repair work performed. The term does not include:
1. Improvements of a building or structure required to correct existing health, sanitation 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. A variance shall only be issued 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 R324 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 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.
R112.3 Administration. The building official shall take immediate action in accordance with the decision of the Hearing Examiner.
(Ord. 1656 § 2, 2008)