2475• ORDINANCE NO. 2475
AN ORDINANCE AMENDING CHAPTER 16.02 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "BUILDING PERMITS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 16.02 of the Moses Lake Municipal Code entitled "Building Permits" is amended as
follows:
16.02.020 Building Codes Adopted: Pursuant to RCW Chapter 19.27 and RCW Chapter 35.21 the state
building code is established. Effective July 1, 2004, the following appendixes to the state building
code are adopted for use within the city:
A. The following International Building Code Appendixes are hereby adopted:
1.Appendix C, Agricultural Buildings;
2.Appendix I, Patio Covers and,
3.Appendix J, Grading when:
a.Grading involves more than 5,000 cubic yards, and/or
b.Regulated by either Chapter 19.03 or 19.06 of this Code, and/or
c.Regulated by City of Moses Lake Shorelines Management Master Plan.
B. The International Residential Code, Appendix G, Swimming Pools, Spas, and Hot Tubs, is
hereby adopted.
C. The State Plumbing Code, Appendix E, Manufactured/Mobile Home Parks and Recreational
Vehicle Parks, is hereby adopted.
D. Additionally, the following codes are adopted. Those codes and the state building code are to
be administered, subject to the modifications and/or amendments set forth in Section
16.02.050 and 16.02.060.
1.The Uniform Code for the Abatement of Dangerous Buildings, most current edition;
2.The Uniform Housing Code published by the International Conference of Building Officials,
most current edition;
3.The International Existing Building Code published by the International Code Council, most
current edition.
16.02.040 Unplatted Areas: All requests to build on unplatted property may be approved only after resolution
from the City Council; except that the following construction is exempt from City Council resolution:
A. Remodeling of an existing, conforming building.
B Construction of a temporary structure.
C.Fences
D.Signs
16.02.050 State Building Code Amendments: The following amendments to the State Building Code are
adopted and apply within this jurisdiction:
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PAGE 2 June 23, 2009
A. Sections 105.1.1 and 105.1.2, of the IBC, are not adopted.
B. Section 105.2 (1), of the IBC and the IRC, is amended to read as follows: 1. One-story
detached accessory structures, provided the floor area does not exceed one hundred twenty
(120) square feet (18.58 m2), provided that only one (1) may be placed on a lot without a
permit.
C. Section 105.2 (6), of the IBC and section 105.2(5), of the IRC, are amended to read as follows:
6(IBC) and 5(IRC). Sidewalks, decks and driveways not more than thirty inches (30") (762
mm) above grade and not over any basement or story below and which are not part of an
accessible route.
D. There is created a new section 105.2 (10) to the IRC to read as follows: 105.2 (10) Reroofing
a single family dwelling or private garage, provided that no more than twenty-five percent
(25%) of the existing roof sheathing is begin replaced.
E. There is created a new section 105.2 (11) to the IRC and Section 105.2 (14) to the IBC to read
as follows: 105.2 (11) IRC and 105.2 (14) IBC Replacing siding over existing siding or exterior
sheathing.
F. Section 105.3, of the IBC and the IRC, is not adopted.
G. Section 108.3, of the IBC and the IRC, is amended to read as follows: 108.3 Building Permit
Valuations. The determination of value or valuation under any of the provisions of this code
shall be made by the building official. The value to be used in computing the building permit
and building plan review fees shall be the total value of all construction work for which the
permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating air
conditioning, elevators, fire-extinguishing systems and any other permanent equipment.
H. Section 112.1, of the IBC and the IRC, is amended to read as follows:
1.112.1 General. All references to a Board of Appeals in this code are replaced with
references to the city's Hearing Examiner. The Hearing Examiner shall hear and decide
appeals of orders, decisions or determinations made by the building official relative to the
application and interpretation of this code. Any request for an appeal shall be accompanied
by the required fees for the Hearing Examiner as established in other ordinances of the
city. The Hearing Examiner shall render all decisions and findings in writing to the appellant
with a duplicate copy to the building official.
2.Limitations of Authority. The Hearing Examiner shall have no authority relative to
interpretation of the administrative provisions of this code nor shall the Hearing Examiner
be empowered to waive requirements of this code.
I. Section 112.3, of the IBC and the IRC is not adopted.
J. There is created a new section 116 to the IBC and the IRC to read as follows: No person shall
move any existing building or structure within or into the City without first obtaining from the
Community Development Department a relocation permit and a building permit. No person
shall effect any demolition of any building or structure or any part thereof which is not
exempted by Section 105.2 of the International Building Code without first obtaining from the
Community Development Department a demolition permit.
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K. There is created a new section 117 to the IBC and the IRC to read as follows: Manufactured
Home Placement Permit: No person, 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, commercial coach, factory-built housing, or commercial structure to be
located, placed or set within the corporate limits of the city without first having secured a proper
manufactured unit placement permit.
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ORDINANCE NO. 2475
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L.WAC 51-56-0100 adopting section 102.4 of the State Plumbing Code is replaced with the
following new subsection:
102.4 Appeals. All references in this Code to the Board of Appeals shall be deemed to refer
to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the
function of the Board of Appeals. Any request for an appeal shall be accompanied by the
required fees for the Hearing Examiner as established in other ordinances of the city. The
Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of
procedure shall be available to the public upon request. All decisions shall be in writing and
shall be delivered to the appellant as well as to the city.
M.Section 109 of the International Mechanical Code is replaced with the following new
subsection:
109.1 All references in this Code to the Board of Appeals shall be deemed to refer to the
Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function
of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees
for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing
Examiner shall be processed in accordance with the provisions contained in Section 109 of
this Code. The Hearing Examiner may adopt rules of procedure for conducting his business.
Such rules of procedure shall be available to the public upon request. All decisions shall be in
writing and shall be delivered to the appellant as well as to the city.
16.02.060 Other Code Amendments:
A.Section 205.1 of the State Uniform Code for the Abatement of Dangerous Buildings is replaced
with the following new subsection:
205.1. All references in this Code to the Board of Appeals shall be deemed to refer to the
Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function
of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees
for the Hearing Examiner as established in other ordinances of the city. Appeals to the
Hearing Examiner shall be processed in accordance with the provisions contained in Section
501 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his
business. Such rules of procedure shall be available to the public upon request. All decisions
shall be in writing and shall be delivered to the appellant as well as to the city.
B.Section 701.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to
provide:
Failure to Obey Order. If, after any order of the building official or board of appeals made
pursuant to this code has become final, the person to whom such order is directed, shall fail,
neglect or refuse to obey such order, the building official may (i) cause such person to be
prosecuted under Section 701.1 or (ii) institute any appropriate action to abate such building
as a public nuisance. For purposes of enforcement under (B)(ii) of this section, the abatement
provisions of either RCW Chapter 7.48 or RCW Chapter 35.80 may be employed by the city.
Any costs incurred by the city in such abatement shall become a lien against the property
where the building is located as provided in RCW 35A.60.010.
C.Section 203.1 of the State Housing Code is replaced with the following new subsection:
203.1. All references in this Code to the Housing Advisory and Appeals Board shall be deemed
to refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall
perform the function of the Board of Appeals. Any request for an appeal shall be accompanied
by the required fees for the Hearing Examiner as established in other ordinances of the city.
Appeals to the Hearing Examiner shall be processed in accordance with the provisions
contained in Section 1201 of this Code. The Hearing Examiner may adopt rules of procedure
for conducting his business. Such rules of procedure shall be available to the public upon
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PAGE 4 June 23, 2009
request. All decisions shall be in writing and shall be delivered to the appellant as well as to
the city.
D.Section 112 of the International Existing Building Code is replaced with the following new
subsection:
112.1. All references in this Code to the Board of Appeals shall be deemed to refer to the
Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function
of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees
for the Hearing Examiner as established in other ordinances of the city. Appeals to the
Hearing Examiner shall be processed in accordance with the provisions contained in Section
112 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his
business. Such rules of procedure shall be available to the public upon request. All decisions
shall be in writing and shall be delivered to the appellant as well as to the city.
E.There is created a section 1103 of the International Existing Building Code to read as follows:
1103 Except as otherwise provided in this chapter, there shall not be issued a relocation
permit for any building or structure which is included within any one or more of the following
categories:
1.So constructed or in such condition as to constitute a danger of injury or death through
collapse of the building, fire, defects, and electrical wiring or other substantial hazard to the
persons who occupy or enter said building after relocation;
2.Infested with rats or other vermin, or the wood members of which are infested with rot,
decay or insects;
3.So unsanitary or filthy that it would constitute a hazard to the health of the persons who will
occupy said building after relocation, or, if not intended for occupancy by human beings,
would make it unsuitable for its intended use;
4.In such condition or of a type, character, size or value, and is so inharmonious with other
buildings in the neighborhood of the relocation site that placing the building at the proposed
relocation site would substantially diminish the value of other property or improvements in
the district into which the building is to be relocated;
5.The proposed use of the building is prohibited at the proposed relocation site under any
zoning ordinance or other land use ordinance of this city;
6.The building, structure or relocation site does not conform to all applicable provisions of
law or ordinance.
1103.1 Application for Relocation Permit: Every application for a relocation permit shall be in
writing upon a form furnished by the Community Development Department, and shall set forth
such information as may reasonably be required in order to carry out the purposes of this
chapter. Such information may include but is not limited to:
1.A report of a pre-move inspection and investigation of the structure by the Community
Development Department
2.Photographs of the building or structure to be moved;
3.Report from a licensed pest control contractor stating the condition of the building as to
pest infestation;
4.Report from a registered engineer or architect stating the structural condition of the
building, and clearly indicating the steps to be taken to preserve/enhance said condition.
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1103.2 Correction of Defects Before Issuance of Permit: If the building or structure to be
moved fails to meet any of the standards set forth in this chapter, but it appears to the Building
Official that the deficiencies can be corrected, the permits shall be issued only on condition that
all deficiencies be corrected prior to the building being moved.
1103.3 In order to determine any matter regarding relocation of a building or structure, the
Building Official may cause any investigation to be made which he/she believes necessary.
1103.4 Terms and Conditions of Issuance: In granting a relocation permit, the Building Official
may impose such terms and conditions as are necessary, in the opinion of the Building Official,
to ensure that its relocation will not be materially detrimental or injurious to the public safety
or welfare or to the property or improvements in the district to which the building is to be
moved, including, but not limited to, changes, alterations, additions or repairs to the building
or structure.
1103.5 Application Fee: The fee for relocation investigation service shall be a one hundred
fifty dollar ($150) base fee, plus twenty-five dollars ($25) for every ten (10) miles distance, or
increment thereof, outside city limits.
1. In the event a building permit is issued for a relocated building, the fees for the building
permit and plan review shall be based upon the total value of the building or structure at
its relocated site, using the same valuation formula as used for new residential
construction.
1103.6 Expiration. A relocation permit shall expire and become null and void if the moving of
the building or structure onto a permanent foundation is not completed within ninety (90) days
from the date of issuance of the permit.
1103.7 Debris and excavations. It shall be the duty of any person to whom any permit is
issued for the demolition or removal of any building or any section or portion of any building
pursuant to the provisions of Chapter 16.02, and of any person leasing, owning, or occupying
or controlling any lot or parcel of ground from which a building is removed or demolished, to
remove all demolition rubble and loose miscellaneous material from such lot or parcel of
ground, to properly cap the sanitary sewer connections, and to properly fill or otherwise protect
all basements, cellars, septic tanks, wells and other excavations, within thirty (30) days after
the house is raised from the foundation.
1. An inspection after the work is completed will be required.
1103.8 Relocation bond - Required. No relocation permit required by Chapter 16.02 shall be
issued by the Community Development Department unless the applicant therefor first posts
a bond, in a form approved by the City Attorney, executed by the owner of the premises where
the building or structure is to be located as principal, and a surety company authorized to do
business in the State as surety. The bond shall be in form joint and several, shall name the city
as obligee, and shall be in an amount equal to one hundred fifty percent (150%) of the work
required to be done in order to comply with all the conditions of such relocation permit as such
cost is established by the Building Official. In lieu of a surety bond, the applicant may post a
bond executed by the owner as principal and which is secured by a deposit in cash in the
amount specified above with a banking or escrow agent acceptable to the city, and conditioned
as required in the case of a surety bond; such a bond as so secured is hereafter called a "cash
bond" for the purposes of Chapter 16.02.
1103.9 Relocation bond - Conditions. Every bond posted pursuant to Chapter 16.02 shall be
conditioned as follows:
1. That each and all of the terms and conditions of the relocation permit shall be complied
with to the satisfaction of the Building Official;
Adopted by the City Council and signed by its Mayor on June 23 2009.
Ronald C. Covey
APP VED AS TO FORM:
mes A. Wh aker, City Attorney
nald R. Cone,inance Director
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ORDINANCE NO. 2475
PAGE 6 June 23, 2009
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, if no time limit is specified, within ninety (90) days after the date said building
is moved to the new location. The time limit herein specified, or the time limit specified in
any permit, may be extended for good and sufficient cause by the Building Official. No
such extension of time shall be valid unless written, and no such extension shall release
any surety upon any bond.
1103.10 Relocation bond - Default in performance of conditions.
1.Whenever the Building Official finds that a default has occurred in the performance of any
term or condition of any permit required by Chapter 16.02, written notice thereof shall be
given to the principal and to the surety of the bond. Such notice shall state the work to be
done, the estimated cost thereof, and the period of time deemed by the Building Official
to be reasonably necessary for the completion of such work. After receipt of such notice,
the surety must, within the time therein specified, either cause the required work to be
performed or, failing therein, must pay over to the city the full amount of the approved
bond. Upon receipt of such funds, the Building Official shall proceed by such mode as he
deems convenient to cause the building or structure to be demolished and to clear, clean
and restore the site to a natural condition, but no liability shall be incurred therein other
than for the expenditure of the sum in hand therefor.
2.When any default has occurred on the part of the principal under the preceding provisions,
the surety shall have the option, in lieu of completing the work required, to demolish the
building or structure and to clear, clean and restore the site to a natural condition.
1103.11 Relocation bond - Refund of surplus on termination. The term of each bond posted
pursuant to Chapter 16.02 shall begin upon the date of the posting thereof, and shall end upon
completion to the satisfaction of the Building Official of the performance of all the terms and
conditions of the relocation permit required 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 Building Official, a copy of which will be sent to the surety or principal upon
request. When a cash bond has been posted, the cash shall be returned to the depositor or
his successors or assignees upon the termination of the bond, except any portion thereof that
may have been used or deducted as provided elsewhere in Chapter 16.02.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
ATTEST:
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