BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON

WHEREAS, the Washington State Legislature in 1997 adopted the amended Uniform Building Code (UBC) under Ch. 19.27 RCW, has empowered the Board of County Commissioners to make and enforce by appropriate regulations for the adoption and enforcement of building regulations of the UBC, not in conflict with state law; and

WHEREAS, the Board of Lewis County Commissioners , in conjunction with the adoption of said regulations, finds it necessary to amend the substantive and administrative provisions of the Lewis County Building Code as enacted under Ordinance 1146 and codified under Ch. 15.05 LCC, and associated building code fee schedules as currently set forth in Ch. 18.05 LCC and Ordinance 1158; and

WHEREAS, the Board of Lewis County Commissioners find it in the best public interest to incorporate the below-inscribe amendments and additions to the Building Code and the Fee Schedule, and to repeal inconsistent and contradictory provisions; NOW THEREFORE

BE IT ORDAINED by the Board of Lewis County Commissioners as follows: 1) Section 15.05.020 LCC and  2 of Ordinance No. 1146 are repealed in their entirety and replaced with the following language:

• (1) The below listed documents, one copy of each of which is on file in the office of the auditor of Lewis County and below designated statutes of the State of Washington are each herby referred to and adopted and made a part hereof as if fully set forth in this chapter, subject to the amendments thereto as hereinafter provided. The provisions of the below-stated codes may be subject to amendment.
• (a) The Uniform Building Code, Volumes One and Two, together with Volume Three, the Material Testing and Installation Standards, 1997 Edition, including Appendix Chapter 3. Division II, Chapter 4, Chapter 15, Chapter 18, Chapter 311, Division III, together with the additions, deletions, and exemptions contained in Chapter 51-40 WAC is hereby adopted by reference; and, specifically, amended Chapter 33 published by the International Conference of Building Officials, with the additions and amendments, is hereby adopted by reference, as follows:

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  • SECTION 3304 ---- PURPOSE
  • The purpose of this appendix is to safeguard life, limb, property and the public welfare by regulating grading on private property, and, where applicable, on public property.

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  • 3306.1 Exempt Work. A grading permit is not required for the following:
  • 1. Grading less than 5,000 cubic yards in an isolated, self-contained area if there is no danger to private or public property.

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  • 7. Exploratory excavations under the direction of a registered, professional soil engineers or engineering geologists.

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  • 9. A fill less that 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914mm) in depth, not intended to support structures that does not exceed 50 cubic yards on any one lot or contiguous lots under common ownership, and does not obstruct a drainage course.

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  • (New) 11. Practices that are normal or necessary for farming, ranching and/or irrigation which shall include, but not be limited to best management practices as defined in L.C. Code Chapter 17.30.090; and practices pursuant to a valid Forest Practices Act permit issued under Title 222 WAC.

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  • SECTION 3307 ---- HAZARDS
  • Whenever the building official determines that any existing excavation or embankment of fill on private property, and, as applicable, public property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment or fill to eliminate the hazard and to be in conformance with the requirements of this code.

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  • SECTION 3308 ---- DEFINITIONS
  • For purpose of this appendix, the definitions listed hereunder shall be construed as specified in this section.
  • APPROVAL shall mean that the proposed work or complete work conforms to the requirements of this chapter.

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  • (New) FILL MATERIAL is clean earth material, which is rock, natural soil or combination thereof.

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  • (New) ISOLATED, SELF-CONTAINED AREA is a parcel of at least five acres located outside of a designated Urban Growth Boundary with a minimum 100 foot setback to property lines.

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  • SOILS ENGINEER (GEOTECHNICAL ENGINEER) is a registered, professional engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engineering.

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  • (b) Uniform Mechanical Code, 1997 Edition, including Chapter 13, Fuel Gas Piping, published by the International Conference of Building Officials, is hereby adopted by reference, together with the additions, deletions, and exemptions contained in Chapter 51-42 WAC.
  • (c) Uniform Fire Code, Volumes One and Two, 1997 Edition, including Appendix Chapter 11-F, published by the International Fire Code Institute, is hereby adopted by reference, together with the additions, deletions and exemptions contained in Chapter 51-44 WAC.
  • (d) Uniform Plumbing Code, 1997 Edition, published by the International Association of Plumbing and Mechanical Officials is hereby adopted by reference as set forth in Chapter 51-46, and 51-47 WAC, respectively; provided, that Chapters 11 and 12 of this code are not adopted; provided further, that those requirements of the Uniform Plumbing Code relating to venting of appliances as found in Chapter 5 and those portions of the Code addressing building sewers are not adopted.
  • (e) The 1997 Washington State Energy Code as contained in Chapter 51-11 WAC.
  • (f) The 1997 Washington State Ventilation and Indoor Air Quality Code, as set forth in Chapter 51-13 WAC.
  • (g) Washington State Historic Building Code, as set forth in Chapter 51-19 WAC.
  • (2) In case of conflict among the codes enumerated in subsection (1)(a), (b), (c), (d), and (e) of this section, the first named code shall govern over those following; provided, in the case of conflict between the duct insulation requirements of the Washington State Energy Code and the duct insulation requirements of the Uniform Mechanical Code, the provisions of the energy code shall govern.
  • (3) In the case of conflict between the ventilation requirements of the Uniform Mechanical Code, the Uniform Building Code and the Washington State Ventilation and Indoor Air Quality Code, the provisions of the Washington State Ventilation and Indoor Air Quality code shall govern.
  • (4) In case of conflict between the Uniform Plumbing Code and Lewis County health district regulations with respect to the installation, maintenance or repair of septic tank systems, the more restrictive provision shall control.
• 2) Section 15.050040 LCC and  4 of Ordinance No. 1146 are repealed in their entirety and replaced with the following language:
  • The administrative authority shall be the Lewis County building official.
  • (1) Filing and Copies. The original of all permits shall be filed and maintained by the department of community development and said office shall cause a copy of said permit to be filed with the Lewis County assessor.
  • (2) Fees Deposited. All fees for application and issuance of a permit shall be paid to the building section and shall be deposited regularly with the Lewis County treasurer and credited to the Lewis County department of community development.
• 3) Section 15.05.050 LCC and  2 of Ordinance No. 1146 are repealed in their entirety and replaced with the following language:
  • Section 105 of the Uniform Building Code, Section 110 of the Uniform Mechanical Code, Section 103.1.4 of the Uniform Fire Code, and the Uniform Plumbing Code referenced in WAC 51-46-0102 and creating Section 102.4, thereto, are each amended to read:
  • In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code, there shall be and is hereby created a board of appeals consisting of three members who are qualified by experience and training to pass upon matters pertaining to the State Building Code. The members hall be named by the governing body and the board convened at such time as is necessary to address applications for hearing. The building official shall be an ex officio member and shall act as secretary of the board. The board may adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
• 4) The following language is added to Section 15.05.070 LCC and  7 of Ordinance No. 1146:
  • (3) Every permit issued by the building official in accordance with the Uniform Fired Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans or specifications, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of time within which work may be commenced under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. For good cause shown, a permittee with an active permit may be granted up to two successive six-month extensions for time of action required under this section. In no event, however, shall such extensions for time of action extend beyond 12 months of the original date of action required under this section.
• 5) Section 15.05.090 LCC and  9 of Ordinance No. 1146 are repealed in their entirety and replaced with the following language:
  • Section 103.2.2.1 of the Uniform Fire Code is amended to read as follows:
  • A fire prevention bureau is established within the department of community development, building divisions, which shall consists of such building division personnel as may be assigned thereto by the building official. The functions of this bureau shall be to assist the board of county commissioners in the administration and enforcement of the Uniform Fire Code.
• 6) Section 15.05.110 LCC and  11 of Ordinance No. 1146 are repealed in their entirety and replaced with the following language:
  • Add a new section to the Uniform Fire Code, and amend Section 103 of the Uniform Building Code, section 111.1 of the Uniform Mechanical Code, and section 102.3 of the Uniform Plumbing Code Section to read as follows:
  • It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the county of Lewis, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. Violations of this chapter shall constitute a civil violation subject to monetary penalty, as below stated, under RCW 36.32.120(7), and each person shall be deemed punishable for a separate violation for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.
  • (a) Violations as a Public Nuisance. The following are hereby declared to be a public nuisance:
    • (1) Any building or structure hereafter set up, erected, built, moved, maintained, constructed, enlarged, altered, repaired, improved, removed, converted, demolished, equipped, used, occupied, or maintained contrary to the provisions of this chapter:
    • (2) Any grading, excavating, or filling operation, contrary to provisions of Chapter 18 of the Uniform Building Code:
    • (3) Any work done or action taken or product thereof which is contrary to this chapter:
    • (4) Unsafe building or structures as defined in Section 102 of the Uniform Building Code.
    • For purposes of abatement actions, any person, firm or corporation violating the provisions of this chapter shall be liable for all costs of such proceedings, including reasonable attorney's fees and expense of abatement. The building official shall take steps to abate public nuisances as defined herein. The prosecuting attorney may commence an action or actions, proceeding or proceedings for the abatement, removal or enjoinment of public nuisances as defined herein. The power hereby granted to abate a public nuisance shall be construed broadly.
  • (b) Cumulative Civil Penalty. In addition to, or as an alternative to, any other penalty provided herein or by law, any person, firm, or corporation which violates the provisions of this chapter, or violates the provisions of this chapter, or violates the provisions of the Uniform Codes adopted by reference by this chapter, shall incur a cumulative civil penalty in the amount of $20.00 per day from the date set for correction pursuant to subsection (d)(1)d of this section until the violation is corrected.
  • (c) Notice of Violation - Assessment of Penalty. Whenever the building official determines that a continuing violation of the above chapters of Uniform Codes is occurring, the building official is authorized to issue a notice of violation directed to the person(s) committing or causing such violation.
    • (1) The notice of violation shall contain:
      • a. The name and address of the persons to whom the notice of violation is directed;
      • b. The street address when available or a legal description sufficient for identification of the building, structure, premises or land upon or within which the violation is occurring;
      • c. A concise description of the nature of the violation;
      • d. A statement of the action required to be taken as determined by the building official and a date for correction which shall be not less than 21 days from the date of service of the notice of violation unless the building official has determined the violation to be immediately hazardous;
      • e. A statement that a cumulative civil penalty in the amount of $20.00 per day shall be assessed against the person to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues; and
      • f. A statement that the building official's notification of violation may be appealed to the board of appeals by filing with the building official a written notice of appeal along with a $25.00 filing fee within 20 days of service of the notice of violation and that the daily civil penalty shall not accrue during the pendency of such administrative appeal.
    • (2) The notice of violation shall be served upon the person(s) to whom it is directed either personally in the manner provided for personal service of notices of complaint within the civil rules of courts of limited jurisdiction or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to such person at his last known address. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring time, date and the manner by which service was made, in accordance with the above-noted rules.
    • (3) An administrative appeal of a notice of violation may be taken by the filing of a notice of appeal with the building official within 20 days of service of the notice of violation. Such appeals shall be heard by the board of appeals in such manner as set out in LCC 15.05.050; EXCEPT that such appeal may be consolidated by the administrator with other violation appeals, brought under LCC 1.20.040 and regarding the same subject matter, or case or controversy, and shall be thereafter be heard as a consolidated appeal by the Hearing Examiner pursuant to Chapter 2.25 LCC.
    • (4) Except for consolidated appeals under subsection (3), above, for good cause shown the building official may extend the date set for correction in the notice of violation; provided, that such an extension shall not affect or extend the time within which an administrative appeal must be commenced, unless consolidated.
• (e) Collection of Civil Penalty. The prosecuting attorney or the building official on behalf of the county is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues.
• (f) Compromise. Settlement and Deposition of Suit. The building official and the prosecuting attorney are hereby authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interest of the county.