CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 16.02 BUILDING PERMITS Sections: 16.02.010 Purpose of Chapter 16.02.020 Building Codes Adopted 16.02.030 Filing of Copies of Codes 16.02.040 Unplatted Areas 16.02.045 Building Prior to Filing Final Plat 16.02.050 State Building Code Amendments 16.02.060 Other Code Amendments 16.02.065 Enforcement 16.02.070 Building Permit Application 16.02.080 Pole Buildings 16.02.085 Fees 16.02.087 Investigation Fees - Work Without A Permit 16.02.090 Notice to Cease Violation 16.02.100 Revocation of Business License 16.02.110 Platting Deemed Insufficient - When 16.02.010 Purpose of Chapter: This chapter is enacted for the purpose of adopting rules and regulations for the protection of the health, safety and general welfare of the public governing the creation, construction, enlargement, relocation, conversion, alteration, repair, occupancy, use, height, court area, sanitation, ventilation, and maintenance of all buildings and structures within this jurisdiction. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 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 (10/09)
2. The Uniform Housing Code published by the International Conference of Building Officials, most current edition. (Ord. 2531, 10/13/09; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 16.02.030 Filing of Copies of Codes: The city shall maintain on file not less than one (1) copy of the codes adopted in this chapter and the codes shall be open to public inspection. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 16.02.040 Unplatted Areas: No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of Chapter 58.17 RCW or the platting ordinances and regulations of the city. No building permit or other development permit shall be issued for any unplatted property not otherwise permitted to be issued a building permit unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. The standards to determine if the public interest will be adversely affected includes but is not limited to consideration of the installation or existence of adequate sewer and water, conformance to lot size requirements, existence of street, sidewalk and curb improvements, access to the site, all as respects the proposed building site and the surrounding area. The City Council may condition the issuance of a building permit on unplatted land on the installation or completion of such utility, street and sidewalk improvements or other conditions as the City Council upon recommendation of staff shall deem appropriate. The City Council shall make the grant of the privilege to build on unplatted land specific as to the proposed building activity and personal to the applicant. The grant of such privilege shall expire if a building permit is not obtained within six (6) months of the adoption of the resolution provided for herein unless the applicant requests and obtains an additional thirty (30) day extension from the Community Development Director. Any request for the thirty (30) day additional extension must be submitted in writing to the Community Development Director prior to the expiration of the six (6) month limitation period. The Community Development Director has the discretion to grant the additional extension only when no significant development code changes have occurred or will occur during the extension period, there is demonstrable proof of substantial progress made by the applicant, and the request serves the public health, safety and welfare. No more than one (1) thirty (30) day additional extension may be granted to any applicant. The City Council shall only direct the issuance of such a permit by a resolution of the City Council. 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 (Ord. 2814, 5/24/16; Ord. 2686, 8/13/13; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 16.02.045 Building Prior to Filing Final Plat: Building permits are allowed to be issued prior to filing the final plat after the following conditions are met: A. The preliminary major plat of the proposed subdivision has been approved by the City Council or the preliminary short plat of the proposed subdivision has been approved by the Community Development Director. B. The construction plans for all improvements have been approved by the City Engineer. C. A performance bond, or other secured method approved by the City Attorney, has been approved by the Community Development Director in the amount of one hundred fifty percent (150%) of the cost of completing all the remaining improvements that are required by the Moses Lake Municipal Code and the Community Street and Utility Standards, and filing the final plat. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 3 (5/16)
16.02.050 State Building Code Amendments: The following amendments to the State Building Code are adopted and apply within this jurisdiction: 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 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") (762mm) 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 being 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. 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 4 (1/11)
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. 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. (Ord. 2601, 1/11/11; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 16.02.060 Other Code Amendments: A. Section 205.1 of the State 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 1104 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide: 5 (1/11)
Section 1104 Notice to Vacate 1104.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 1101.3, be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is unlawful to occupy this building, or to remove or deface this notice. Any person occupying this building shall be guilty of trespass. Defacing or removing this notice is malicious mischief. This notice is issued by the order of the City of Moses Lake Building Official Date City Of Moses Lake Official Posting Violation of this posting is a crime Call Local law enforcement or contact 766-9235 1104.2 Compliance. Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued under Section 1101.2, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection by remaining in or entering a building shall be guilty of trespass under state law. Any person violating this subsection by removing or defacing such a notice shall be guilty of malicious mischief under state law. D. 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 request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city. (Ord. 2531, 10/13/09; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 16.02.065 Enforcement: Enforcement of violations of this chapter shall be done by the Building Official or Code Enforcement Officer, as appropriate, pursuant to Chapter 1.20. (Ord. 2330, 6/12/07) 16.02.070 Building Permit Application: A. A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application. B. To be considered a valid and fully complete building permit application the application shall include, at a minimum: 1. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, as 6 (10/09)
now enacted or hereafter amended, and the street address, and may include any other identification of the construction site by the prime contractor; 2. The property owner s name, address, and phone number; 3. Identify and describe the work to be covered by the permit for which application is made; 4. The prime contractor s business name, address, phone number, current state contractors registration number; and 5. Either: a. The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or b. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractors for the protection of the owner, if the bond is for an amount not less than fifty percent of the total amount of the construction project. 6. Indicate the use or occupancy for which the proposed work is intended; 7. State the valuation of the work for which application is made; 8. Be signed by the owner, or the owner s authorized agent; 9. Be accompanied by plans, diagrams, computations and specifications and other data to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of all relevant laws, ordinances, rules and regulations; 10. Required plan review fee; 11. Pursuant to RCW 19.27.097, as now enacted or hereafter amended, each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the city may impose conditions on building permits requiring connection to the public water system. C. The information required on the building permit application by subsection B 1 through 5 of this section shall be set forth on the building permit document which is issued to the 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 the applicant after the permit is issued under subsection E of this section shall be kept on record 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. If any of the information required by subsection B 5 of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting under subsection A of this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information. F. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 7 (7/04)
16.02.080 Pole Buildings: A. A pole building 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 in section 16.02.080 A shall be constructed or erected in any area or zone of the City of Moses Lake. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 16.02.085 Fees: All fees for permits issued pursuant to this Chapter shall be established by a resolution of the City Council. A. Exception: The fees 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 the Community Development Director. 2. The structure is being constructed by an organization classified as a 501(c)(3) non-profit organization by the United States Internal Revenue Service. B. When submittal documents are required, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the permit fees as established. C. Refunds: The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. 1. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 2. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. 3. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 16.02.087 Investigation Fees Work Without A Permit: A. Investigation: Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. B. Fee: 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 amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the resolution adopting fees for permit issued pursuant to this Chapter. This fee is an additional, punitive fee and shall not apply to any permit fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a permit for continued development of that project. If the work done remains illegal for 90 days after service of the Stop Work Order, it shall be considered hazardous. C. Payment: 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. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 8 (7/04)
16.02.090 Notice to Cease Violation: Any person, firm, or corporation found to be violating any provision of this chapter shall be served by the Administrative Authority with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, correct the violation. No further violation shall be permitted at the location. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 16.02.100 Revocation of Business License: Failure or refusal to comply with any provision of this Chapter or an order or directive of the Building Official issued pursuant hereto shall constitute grounds for revocation of the violators city business license following a hearing as provided in this Code. (Ord. 2330, 6/12/07; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02) 16.02.110 Platting Deemed Insufficient - When: A. Property located within the city which is presently platted and which property was platted without the extension or provision of city water, city sewer, storm sewer, curb, sidewalk, streets or other improvements through some or all of the lots of the plat shall be deemed to be unplatted for purposes of the issuance of any development permit or building permit. Any lot so affected shall be permitted to develop and a building permit will be issued upon the installation of city water, city sewer, storm drains, curbs, sidewalks, streets, and other improvements to community standards, including fire protection devices, or upon the posting of security in an amount approved by the city, which is equal to the estimated cost of the extensions and/or improvements remaining to be installed through the lot, in a form acceptable to the City Attorney to insure the construction of the required improvements and extensions at the same time as construction of the building for which the building permit was issued or at the time of the improvement of the affected lot. B. Any property owner can make application to the City Council for a waiver, deferral, or deviation from or of the requirement to install improvements. A waiver, deferral, or deviation from or of the requirement to install improvements shall not be granted unless the City Council finds that because of the nature of the property, its topography, the conditions or nature of the adjoining areas or the existence of unusual physical conditions, the requirement to install improvements would cause an unusual and unnecessary hardship on the property owner. In granting a waiver, deferral or deviation from or of the requirements to install improvements, the City Council may require such conditions as will secure the objectives of the requirement waived, deferred, or deviated from or of. Any waiver, deferral, or deviation authorized shall be entered in the minutes of the Moses Lake City Council together with the circumstances that justify the waiver, deferral, or deviation granted. (Ord. 2564, 6/22/10; Ord. 2391, 5/13/08) 9-11 (6/10)