HomeMy WebLinkAbout2073_00001ORDINANCE NO.2073
AN ORDINANCE CREATING CHAPTER 16.02 OF THE MOSES LAKEMUNICIPALCODEENTITLED"BUILDINGPERMITS"
THE CITYCOUNCIL OF THE CITYOF MOSES LAKE,WASHINGTON DOORDAINAS FOLLOWS:
Section 1.Chapter 16.02 oftheMoses Lake Municipal Code entitled"BuildingPermits"is createdas follows:
16.02.010 Purpose of Chapter:This chapter is enacted for the purpose of adopting rules and regulationsfortheprotectionofthehealth,safety and general welfare of the publicgoverningthecreation,O construction,enlargement,relocation,conversion,alteration,repair,occupancy,use,height,courtarea,sanitation,ventilation,and maintenance of all buildings and structures withinthisjurisdic-tion.
16.02.020 Uniform Codes Adopted:Pursuant to RCW Chapter 19.27 and RCW Chapter 35.21 the statebuildingcodeisestablished,Effective July 1,2002,thefollowingappendixes tothestate buildingcodeareadoptedforusewithinthecity:
A.The followingUniform Building Code Appendix Chapters are hereby adopted:
1.Chapter 3,Division II(Agricultural Buildings);
2.Chapter 4,DivisionI (Barriers for SwimmingPools,Spas,and Hot Tubs);
3.Chapter 15 (Reroofing);
4.Chapter 18,(Waterproofing and Dampproofing Foundations);
5.Chapter 31,Division III(Patio Covers)and,
6.Chapter 33,(Excavation and Grading)when:
a.Grading involves more than 5,000 cubic yards.
b,Regulated by either Chapter 19.03 or 19.06 ofthisCode.
c.Regulated by City of Moses Lake Shorelines Management Master Plan.
B.The Uniform Plumbing Code,Appendix E,Manufactured/Mobile Home Parks and Recre-ationalVehicle Parks,is hereby adopted.
C.Additionally,the followingcodes are adopted.Those codes and the state buildingcode aretobeadministered,subject to the modificationsand/or amendments set forth in Section16.02.060.
1.The Uniform Code for the Abatement of Dangerous Buildings,most current edition;
2.The Uniform Housing Code published by the International Conference of BuildingOfficials,most currentedition;
16.02.030 FilingofCopies of UniformCodes:The cityshall maintain on file not less thanone (1)copy of thecodesadoptedinthischapterandthecodesshallbeopentopublicinspection.
16.02.040 Unplatted Areas:Allrequests tobuildon unplatted property may be approved onlyafter resolutionfromtheCityCouncil;except thatthe following construction is exempt from Council resolution:
A.Remodeling of an existing,conforming building.
B Construction ofa temporarystructure.
C.Fences
D.Signs
16.02.045 Building Priorto FilinqFinal Plat:Buildingpermits are allowed to be issued prior tofilingthe finalplatafterthefollowingconditionsaremet:
A.The preliminary major plat of the proposed subdivisionhas been approved by the CityCouncilorthepreliminaryshortplatoftheproposedsubdivisionhasbeenapprovedbytheCommunityDevelopmentDirector.
B.The construction plans for all improvements have been approved by the CityEngineer.
C.A performance bond,or other secured method approved by the City Attorney,has beenapprovedbytheCommunityDevelopmentDirectorintheamountofonehundredfiftypercent(150%)ofthe cost of completing allthe remainingimprovements that are requiredby theMosesLakeMunicipalCodeandtheCommunityStreetandUtilityStandards,and filingthefinalplat.
16.02.050 State Building Code Amendments:The following amendments to the State Building Code areadoptedandapplywithinthisjurisdiction:
A.Section 105.1 of the Uniform BuildingCode is amended to read as follows:105.1 General.
In order to hear and decide appeals of orders,decisions or determinations made by thebuildingofficialrelativetotheapplicationandinterpretationofthiscode,there shall be and
is hereby created a board ofappeals consistingof themembers of theCityCouncil.The CityCouncilshallhearandruleuponallcomplaintsandappealsfromrulingsofthebuilding
officialand theCityCouncil may prescribe suitable rules and regulations forthe presentment
ofthe appeals;provided,however,the City Council may delegate the hearing of complaints
and appeals to a board of review and adjustmentconsisting of members of theCityCouncil.
The board shall render alldecisions and findings in writingto theappellant with a duplicate
copy to the building official.
B.There is created a new section 106.1.1 tothe Uniform BuildingCode toread as follows:No
person shall move any existing building or structure within or into the City withoutfirst
obtaining from theCommunity Development Department a relocation permit and a building
permit.No person shall effect any demolition ofany building orstructureor any part thereof
which is not exempted by Section 106.2 of the Uniform Building Code without first obtaining
from the Community Development Department a demolition permit.
C.There is created a new section 106.1.2 to theUniform Building Code to read as follows:
Manufactured Home Placement Permit:Noperson,firm,or corporation as the owner,buyer,
or vendor of a manufactured home or as manufactured home park management shall cause
or permit any manufactured home to be located,placed or set within the corporate limits of
the citywithoutfirst having secured a proper manufactured home placement permit.
D.Section 106.2 of the Uniform Building Code is amended to read as follows:106.2 Work
Exempt from Permit.A building permit shall not be required for the following:
1.One-story detached accessorybuildingused as tooland storage sheds,playhouses,and
similar uses,provided the floor area does not exceed 120 square feet (11.15m2Lprovidedthatonlyonemaybeplacedonalotwithoutapermit.
2.Oilderricks
3.Movable cases,countersand partitions not over five feet nine inches (5'9")high.
4.Retaining walls thatare not over four feet (4')inheight measured from thebottom ofthe
footing to the topof thewall,unless supporting a surcharge or impounding Class I,IIorIll-Aliquids.
5.Water tankssupported directly upon grade ifthecapacity does not exceed fivethousand(5,000)gallons and the ratio of height to diameter or width does notexceed twotoone
(2:1).
6.Platforms,walk and driveways no(more than thirtyinches (30")above grade and not
over any basement or story below.
7.Painting,papering and similarfinigh work.
8.Temporary motion picture,televisipnand theater stage sets and scenery.
9.Window awnings supported by ar)exterior wall of Group R,Division 3,and Group U
Occupancies when projecting notmorethanfifty-fourinches (54").
10.Prefabricated swimmingpools ac essory toa Group R.Division3 Occupancy inwhich
the pool walls are entirely abovethe adjacent grade and ifthecapacity does not exceed
five thousand (5,000)gallons.
11.Replacing sidingover existing siding or exterior sheathing.
12.Reroofing a single familydwelling (R-3)or private garage (U-1),provided that no more
thantwenty-fivepercent (25%)of theexisting roof sheathing is being replaced.
E.Section 107.1 of the Uniform BuildingCode is amended toread as follows:107.1 General.
Fees shall be assessed inaccordancewiththeprovisions ofthissection.Exception:The fees
as set forth in section 107.2 and 107.3 shall not apply to single family dwellings or duplex
dwellings when all the following conditions are present:
1.The residential structure is constructed for low income families as defined by theCommunityDevelopmentDirector!
2.The structureisbeing constructed byan organization classified as a 501(c)(3)non-profit
organization bytheUnited States Internal Revenue Service.
F.Table 1-Aof the Uniform BuildingCode entitled"BuildingPermit Fees,"is amended to add
the followingfees:
Demolition Permit..................................................$75.00
ReroofPermit......................................................$75.00
Manufactured Type Units -Placement Fee ..............................$350.00FencePermit(Oversix(6)feetinheight)...............................$55.00
G.Section 109.1 of theUniform BuildingCode is amended toread as follows:109.1 Use andOccupancy.No buildingorstructure shall be usedor occupied,and no change intheexistingoccupancyclassificationofabuildingorstructureorportionthereofshallbemadeuntilthebuildingofficialhasissuedacertificateofoccupancythereforasprovidedherein.
Issuance ofa certificateofoccupancy shall not be construed as an approval ofa violation oftheprovisionsofthiscodeorofotherordinancesofthejurisdiction.Certificates presumingtogiveauthoritytoviolateorcanceltheprovisionsofthiscodeoranyotherordinanceofthisjurisdictionorstatelawshallnotbevalid.
H.There is created a section 3404.1 tothe Uniform BuildingCode to read as follows:ExceptOasotherwiseprovidedinthischapter,there shall not be issued a relocation permit for anybuildingorstructurewhichisincludedwithinanyoneormoreofthefollowingcategories:
1.So constructed orinsuch conditionas toconstitute a danger of injury or death throughcollapseofthebuilding,fire,defects,and electrical wiringorother substantial hazard tothepersonswhooccupyorentersaidbuildingafterrelocation;
2.Infested with rats or other vermin,or thewood members ofwhich are infested with rot,decay or insects;
3.So unsanitary or filthythatitwould constitute a hazard to the health ofthe persons whowilloccupysaidbuildingafterrelocation,or,if not intended for occupancy by humanbeings,would make it unsuitable for its intended use;
4.Insuch conditionorofa type,character,size or value,and is so inharmonious with otherbuildingsintheneighborhoodoftherelocationsitethatplacingthebuildingattheproposedrelocationsitewouldsubstantiallydiminishthevalueofotherpropertyorimprovementsinthedistrictintowhichthebuildingistoberelocated;
5.The proposed use ofthebuilding is prohibitedat theproposed relocationsite under anyzoningordinanceorotherlanduseordinanceofthiscity;
6.The building,structureor relocation site does not conform toallapplicable provisions oflaworordinance.
I.Application for Relocation Permit:Every application for a relocation permit shall be inwritinguponaformfumishedbytheCommunityDevelopmentDepartment,and shallset forth suchinformationasmayreasonablyberequiredinordertocarryoutthepurposesofthischapter.Such information may include but is not limited to:
1.A report of a pre-move inspection and investigation of thestructure by the CommunityDevelopmentDepartment
2.Photographs ofthebuilding or structure tobe moved;
3.Report froma licensed pest control contractor statingthecondition of the building as topestinfestation;
4.Report from a registered engineer or architectstating the structural condition of thebuilding,and clearly indicating thesteps to be taken topreservelenhance saidcondition.
J.Correction ofDefects Before issuance of Permit:Ifthe building or structure tobe moved failstomeetanyofthestandardssetforthinSection16.02.050 H,but itappears tothe BuildingOfficialthatthedeficienciescanbecorrected,the permits shall be issued only on conditionthatalldeficienciesbecorrectedpriortothebuildingbeingmoved.
K.In ordertodetermine any matter regarding relocation of a building or structure,theBuildingOfficialmaycauseanyinvestigationtobemadewhichhelshebelievesnecessary.
L.Terms and Conditions of issuance:Ingranting a relocation permit,the BuildingOfficial mayimposesuchtermsandconditionsasarenecessary,in theopinion of the Building Official,to ensure that its relocation willnot be materiallydetrimental or injurious tothe public safetyorwelfareortothepropertyorimprovementsinthedistricttowhichthebuildingistobemoved,including,but not limited to,changes,alterations,additionsor repairs tothe buildingorstructure.
M.Application Fee:The fee for relocation investigation service shall be a one hundred fifty dollar($150)base fee,plus twenty-fivedollars ($25)for every ten(10)miles distance,or incrementthereof,outside citylimits.
1.Intheevent a building permit is issued for a relocated building,thefees for the buildingpermitandplanreviewshallbebaseduponthetotalvalueofthebuildingorstructureatitsrelocatedsite,using thesame valuationformula as used for new residential construc-tion.
N.Expiration.A relocation permit shall expire and become null and void ifthe moving of thebuildingorstructureontoapermanentfoundationisnotcompletedwithinninety(90)daysfromthedateofissuanceofthepermit.
O.Debris and excavations.It shall be the duty of any person towhom any permit is issued forthedemolitionorremovalofanybuildingoranysectionorportionofanybuildingpursuanttotheprovisionsofChapter16.02,and of any person leasing,owning,or occupying or
controllingany lot or parcel of ground from which a building is removed or demolished,to
remove all demolition rubble and loose miscellaneousmaterialfrom such lot or parcel of
ground,to properly cap the sanitarysewer connections,and to properlyfillor otherwise
protect allbasements,cellars,septic tanks,wells and other excavations,withinthirty(30)
days after thehouse is raised from thefoundation.
1.An inspection after the workis completed willbe required.
P.Relocation bond -Required.No relocation permit required by Chapter 16.02 shall be issued
by the Community Development Department unless theapplicant thereforfirst posts a bond,
in a form approvedby the City Attorney,executed by the ownerofthepremises where the
building or structure is to be located as principal,and a surety companyauthorized to do
business in theState as surety.The bond shall be informjointand several,shall name the
cityas obligee,and shall be in an amount equal toone hundred fifty percent (150%)of the
workrequired tobe done in order tocomply with all the conditions of such relocation permit
as such cost is established by theBuildingOfficial.Inlieu ofa surety bond,the applicant may
post a bond executed bythe owner as principal and which is secured by a deposit in cash
in the amount specifiedabove with a banking or escrow agent acceptable to the city,and
conditionedas required inthe case ofa suretybond;such a bond as so secured is hereafter
called a "cashbond"for thepurposes ofChapter 16.02.
Q.Relocationbond -Conditions.Every bond posted pursuant to Chapter 16.02 shall be
conditioned as follows:
1.That each and all of theterms and conditions of the relocation permit shall be complied
with tothe satisfaction of the BuildingOfficial;
2.That all of the work required to be done pursuant to the conditions of the relocation
permit shall be fully performed and completed within the time limit specified in the
relocation permit;or,ifno time limitis specified,within ninety(90)days after thedate
said building is moved to the new location.The timelimitherein specified,or the time
limit specified in any permit,may be extended for good and sufficientcause by the
Building Official.No such extension of timeshall be valid unless written,and no such
extension shallrelease anysurety upon any bond,
R.Relocation bond -Defaultin performance of conditions.
1.Whenever the BuildingOfficialfinds that a default has occurred in the performance of
any termor condition of any permit required byChapter 16.02,written notice thereofshall
be given tothe principal and to the surety ofthe bond.Such notice shall state thework
to be done,the estimated cost thereof,and the period of timedeemed by the Building
Officialtobe reasonably necessaryforthecompletion of such work.After receiptof such
notice,thesuretymust,withinthetimethereinspecified,eithercause therequiredwork
to be performed or,failing therein,must pay over to the city the full amount of the
approved bond.Uponreceipt ofsuch funds,theBuildingOfficialshall proceed bysuch
mode as he deems convenientto cause thebuilding or structure to be demolished and
to clear,cleanand restore thesite to a natural condition,but no liabilityshallbe incurred
thereinother than for the expenditure ofthesum in hand therefor.
2.When any default has occurred on thepart of the principal under thepreceding provi-
sions,the surety shall have the option,in lieu of completing the work required,todemolishthebuildingorstructureandtoclear,clean and restore the site to a natural
condition.
S.Relocationbond -Refund ofsurplus on termination.The termofeach bond postedpursuant
to Chapter 16.02 shall begin upon the date of the posting thereof,and shall end upon
completiontothe satisfaction oftheBuildingOfficialof the performance ofallthe termsand
conditionsof the relocation permitrequired by this section and release of the bond by the
Building Official.Such completion and release shall be evidenced by a statement thereof
signed by the BuildingOfficial,a copy of which willbe sent to the surety or principal upon
request When a cash bond has been posted,the cash shall be returned tothe depositor or
his successors or assignees upon theterminationofthebond,except any portion thereofthat
may have been used or deducted as provided elsewhere in Chapter 16.02.
T.Section 115.1 of the Uniform Mechanical Code is amended to read as follows:
115.1 General.Fees shall be assessed in accordance withthe fee schedule adopted bythis
jurisdiction;except that thefees as set forth in section 115.2 and 115.3 shall not applyto
singlefamily dwellings or duplex dwellings when allthe followingconditionsare present:
1.The residential structure is constructed for low income families as defined by the
Community Development Director.
2.The structure is being constructed byan organization classified as a 501(c)(3)non-profit
organization by the United States Internal Revenue Service.
U.Table 1-Aof the Uniform Mechanical Code entitled "Mechanical Permit Fees"is amended
to read as follows:
1.Permit issuance and Heaters
a.For theissuance of each mechanical permit......................
....................$23.50
b.For issuing each supplemental permit for which the original permithasnotexpired,been canceled or finaled ......,,...................7.50
2.Unit Fee Schedule (Note:The followingdo not include permit-issuing fee.)
a.Furnaces:All appliances,with attached ducts and vents notedundernumberoneofTable1-A shall be charged ....................$10.50
b.Appliance Vents:AIIvent work noted under number twoof Table1-Ashallbecharged ....................................$7.50
O c.Repairs or Additions:Allwork noted undernumberthreeof Table1-Ashallbecharged ......................................$10.50
d.Boilers,Compressors and Absorption Systems:The fees in thissectionshallremainunchanged.
e.AirHandlers:AIIair-handling systems noted under number fiveofTable1-Ashallbecharged ..................................$10.50
f.Evaporative Coolers:For each evaporative cooler otherthan portable type $10.50
g.Ventilation and Exhaust:For each ventilationfan connected to a single fan $7.50ForallotherventilationsystemsnotedundernumbersevenofTable1-A ,$10.50
h.Incinerators:All incinerators noted under number eight ofTable1-Ashallbecharged ..................................10.50
i.Miscellaneous:For each appliance or piece ofequipmentregulatedbytheMechanicalCodebutnotclassedinotherappliancecategories,or for which no other fee is listed in the table ....................,$10.50
j.All other fees in Table 1-Aremain unchanged.
V.Section 103.4.1 of the Uniform Plumbing Code is amended toread as follows:
103.4.1 Permit Fees.Fees shall be assessed in accordance with the provisions of thissectionandassetforthinthefeescheduleTable1-1.Exception:The fees as set forth insection103,4.1 and 103.4.2 shall not apply to single family dwellings or duplex dwellingswhenallthefollowingconditionsarepresent:
1.The residential structure is constructed for low income families as defined by theCommunityDevelopmentDirector.
2.The structureis being constructed byan organization classified as a 501(c)(3)non-profitorganizationbytheUnitedStatesInternalRevenueService.
W.Section 103.4.2 of theUniform Plumbing Code is amended toread as follows:
103.4.2 Plan Review Fees.When a plan orotherdata is requiredtobe submitted by 103.2.2,
a plan review fee shall be paid at the timeof submitting plans and specifications for review.The plan reviewfee for plumbing work shall be equaltosixty-five percent (65%)ofthetotalpermitfeeassetforthinTable1-1.Whenplans are incomplete or changed so as torequireadditionalreview,a fee shall be charged at the rate shown inTable 1-1.
X.Table 1-1 of theUniform Plumbing Code entitled "Plumbing Permit Fees"is amended asfollows:
Table 1-1 of the 1997 Edition of the Uniform Plumbing Permit is adopted in place of Table1-1 of the2000 Edition of the Uniform Plumbing Permit.
16.02.060 Other Uniform Code Amendments:
A.Section 301 oftheUniformCode for theAbatementof Dangerous Buildings is amendedtoaddthefollowing:
Board of Appeals:The City Council is designated as the Board ofAppeals.The MayorshallactaschairpersonoftheBoardofAppeals.
B.Section 401 ofthe Uniform Housing Code is amended toadd the following:
Housing Advisory and Appeals Board:The CityCouncilis designated as the HousingAdvisoryandAppealsBoard.The Mayor shall act as chairperson of the Board ofAppeals.
16.02.070 Building Permit Application:
A.A valid and fullycomplete building permit application for a structure,thatis permitted underthezoningorotherlandusecontrolordinancesineffectonthedateoftheapplicationshallbeconsideredunderthebuildingpermitordinanceineffectatthetimeofapplication,and thezoningorotherlandusecontrolordinancesineffectonthedateofapplication.
B.To be considered a valid and fullycomplete building permit application the application shall
include,at a minimum:
1.The legal description,orthe tax parcel number assigned pursuant to RCW 84.40.160,
as nowenacted or hereafter amended,and the street address,and may include anyotheridentificationoftheconstructionsitebytheprimecontractor;
2.The property owner's name,address,and phone number;
3.Identifyand describe thework tobe coveredby thepermit forwhich applicationismade;
4.The prime contractor'sbusiness name,address,phone number,current state contrac-tors registration number;and
5.Either:
a.The name,address,and phone number of theoffice ofthe lender administering theinterimconstructionfinancing,if any;or
b.The name and address ofthe firmthat has issued a payment bond,ifany,onbehalf
ofthe prime contractors for the protection ofthe owner,ifthe bond isfor an amount
not less thanfiftypercent ofthetotalamount of the construction project.
6.Indicate the use or occupancy for which theproposed work is intended;
7.State thevaluation of thework for which application is made;
8.Be signed by theowner,or the owner's authorized agent;
9.Be accompanied byplans,diagrams,computations and specificationsand other data to
indicate the location,nature and extent ofthework proposed and show in detail that it
willconform tothe provisions of all relevant laws,ordinances,rules and regulations;
10.Required plan review fee;
11.Pursuant to RCW 19 27.097,as nowenacted or hereafter amended,each applicantfor
a building permit ofa building necessitating potable water shallprovide evidence of anadequatewatersupplyfortheintendeduseofthebuilding.Evidence maybe intheform
ofa water rightpermitfrom thedepartment of ecology,a letter from an approved water
purveyor stating the ability to providewater,or another form sufficientto verify the
existence of an adequate water supply.In addition to other authorities,the citymayimposeconditionsonbuildingpermitsrequiringconnectiontothepublicwatersystem.
C.The information required on the building permit application by subsection B 1 through5 of
this section shallbe set forth on the building permitdocument which is issued tothe owner,and on the inspection record card which shall be posted at the construction site.
D.The information required by subsection B of this section and information supplied by theapplicantafterthepermitisissuedundersubsectionEofthissectionshallbekeptonrecord
and made available to any person on request.If a copy is requested,a copy fee may be
charged in accordance with City of Moses Lake policy.
E.Ifany of theinformation required by subsection B 5 ofthissection is notavailableatthe time
the application is submitted,the applicant shall so state and the application shall be
processed forthwith and thepermitissued as ifthe information had been supplied and thelackoftheinformationshallnotcausetheapplicationtobedeemedincompleteforthe
purposes ofvesting undersubsectionA of thissection.However,the applicant shall provide
theremaining information as soon as the applicant can reasonably obtain such information.
F.The limitations imposed by thissection shall not restrict conditions imposed under chapter
43.21C RCW
16.02.080 Pole Buildings:
A.A polebuilding is defined as a wood frame structure which is built using post and beam
construction without concrete footings or foundation.
B.No pole building as defined insection 16.02.080 Ashall be constructedorerectedinanyarea
or zone of the City ofMosesLake.
16.02.090 Notice toCease Violation:Anyperson,firm,or corporationfound to be violating any provision of
thischapter shall be served bythe Administrative Authoritywith written notice stating the nature
of the violationand providing a reasonable timelimitfor the satisfactory correction thereof.The
offender shall,within the period of timestated in such notice,correct theviolation.No further
violation shall be permitted at the location.
16.02.100 Penalty for Continued Violation:Any person,firm,or corporation who continues any violation
beyond thetimelimit provided for inSection 16.02.100 orwho permits an additional violation after
correction of the violation noted under 16.02.100 is deerned to have committed a civilinfraction
and shallbe subject to a C-1 penalty and punishable as defined in Chapter 1.08 of the Moses
LakeMunicipal Code.Failureor refusal tocomply withany provisionofthisChapteror an order
or directive of theBuildingOfficialissued pursuant hereto shallconstitute groundsfor revocation
of theviolatorscitybusiness license following a hearing as provided in thisCode.
16.02.110 Penalty:Anyperson violatingany provision of thisTitleshallbe deemed tohave committed acivilinfractionandshallbesubjecttoapenaltyasprovidedinChapter1.08;provided,however,ifanyprovisionofthisTitleshallprovideadifferentpenalty,such different penalty shall apply.
Section 2.This ordinanceshall take effectand be in force five (5)days after its passage and publication ofitssummaryasprovidedbylaw.
Adopted by the CityCouncil and signed by its Mayor on July 23,2002.
GIhance Director "