Chapter 16.04 BUILDING CODE*

As amended by the provisions of this chapter and the State of Washington Building Code Council, under Chapter 51-50 WAC, the International Building Code, 2009 Edition, published by the International Code Council, together with Appendices E, G, I and J, one copy of which, along with the State of Washington Building Code Council’s amendments, shall be on file in the office of the Lynnwood finance director, are adopted by reference. (Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 1, 1995; Ord. 1894 § 1, 1992; Ord. 1533 § 1, 1986)

16.04.012 Chapter 1 – Administration, Section 101.4 – Referenced codes.

Subsection 101.4.1 of the edition of the International Building Code adopted by this chapter is amended by deletion therefrom of “ICC Electrical Code” and insertion of “NEC as adopted in LMC 16.10.”

Subsection 101.4.4 of the edition of the International Building Code adopted by this chapter is amended by deletion therefrom of “International Plumbing Code” and insertion of “Uniform Plumbing Code as adopted in LMC 15.04.”

Subsection 101.4.7 of the edition of the International Building Code adopted by this chapter is amended by deletion therefrom of “International Energy Code” and insertion of “Washington State Energy Code as adopted by WAC 51-11.” (Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007)

16.04.015 Definitions.

A. Section 202 of the edition of the International Building Code adopted by this chapter is amended by adding definitions as follows:

City – City of Lynnwood.

Code – International Building Code.

Exterior Walls – Is any wall or element of a wall, or any member or group of members, which defines the exterior boundaries or courts of a Building or which has a surface in contact with the exterior atmosphere and which has a slope of 60 degrees or greater with horizontal plane.

Fire Code – International Fire Code.

Occupancy – Is the purpose for which a building, or part thereof, is used or intended to be used. Occupancy includes the installation of shelving, furniture, fixtures and appliances unless such items are included in a building permit. Occupancy also includes stocking of shelves, storage of furniture or material for sale, interviewing personnel or use for managerial duties.

B. The definition of “jurisdiction” in Section 202 of the edition of the International Building Code is amended to read as follows:

Jurisdiction – City of Lynnwood.

C. The definition of “story” is revised by adding a new sentence, the whole of which definition is amended to read as follows:

Story – That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above (also see “Basement,” “Mezzanine” and Section 502.1). It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. For any portion of a basement intended for human habitation, or for assemblage of people for any purpose, or parking, such basement shall be considered a story only for the purpose of determining maximum allowable areas for the fire sprinkler requirements.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 2, 1995; Ord. 1894 § 2, 1992)

16.04.016 Repealed.

Repealed by Ord. 1894.

16.04.020 Section 101.3 IBC amended – Purpose and intent.

Section 101.3 of the edition of the International Building Code as adopted by this chapter is amended to read as follows:

101.3 Purpose and Intent. It is expressly the purpose of this Code to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Code.

It is the specific intent of this Code that no provision or term used in this Code is intended to impose any duty whatsoever upon the City or any of its officers or employees for whom the implementation or enforcement of this Code shall be discretionary and not mandatory.

Nothing contained in this Code is intended to be nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents for any injury or damage resulting from the failure of a building to comply with the provisions of this Code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval, authorized or issued or done in connection with the implementation or enforcement of this Code, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this Code by its officers, employees or agents.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 3, 1995; Ord. 1894 § 4, 1992; Ord. 1533 § 2, 1986)

16.04.030 Section 104.1 IBC – Powers and duties of building official.

Section 104.1 IBC of the edition of the International Building Code adopted by this chapter is amended by addition of the following:

104.1 General. For the purpose of administering and enforcing Appendix J of this Code, the Director of Public Works is appointed and designated as the Building Official with respect to all matters contained within said Appendix J.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2076 § 19, 1996; Ord. 2039 § 4, 1995; Ord. 1894 § 5, 1992; Ord. 1533 § 3, 1986)

16.04.035 Section 113 IBC amended – Appeals.

Section 113 IBC is deleted in its entirety and replaced with a new Section 113 to read as follows:

113.1 General. 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 in accordance with Chapter 16.50 LMC.

113.2 Limitations 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 proposed. The hearing examiner shall have no authority to waive requirements of this code.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004)

16.04.040 Section 114 IBC – Violations and penalties.

Section 114 of the edition of the International Building Code adopted by this chapter is deleted in its entirety and replaced with a new Section 114 to read as follows:

114 Violations and Penalties: Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person, firm or corporation shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this Code is committed, continued, or permitted.

It shall be unlawful for any person to remove, mutilate, destroy or conceal any lawful notice issued or posted by the building official pursuant to the provisions of this Code.

Anyone concerned in the violation or failure to comply with the provisions of this Code, whether directly committing the act or effecting the omission constituting the offense, or aiding or abetting the same, whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to violate or fail to comply with the provisions of this Code, is and shall be guilty of a misdemeanor.

Conviction of any such misdemeanor shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 5, 1995; Ord. 1894 § 6, 1992; Ord. 1533 § 4, 1986)

16.04.050 Section 103 UBC amended.

Repealed by Ord. 2505.

16.04.060 Section 105 IBC amended – Permits.

Section 105.2, Building, of the edition of the International Building Code adopted by this chapter is amended to read as follows:

1. One-story detached accessory buildings used as tool and storage sheds and similar uses, provided the projected roof area does not exceed 120 square feet.

2. Fences not over six feet high as follows:

a. Vision obscuring fences as defined in Chapter 21.10 LMC in residential zones that are set back over 15 feet from front property line, over 15 feet from driveways, and 30 feet from any intersection.

b. Non-Vision obscuring fences as defined in Chapter 21.10 LMC in residential zones.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 7, 1995; Ord. 1894 § 8, 1992; Ord. 1533 § 6, 1986)

16.04.065 Section 303(a) UBC amended – Permit to move or remove buildings.

Repealed by Ord. 2216.

16.04.070 Section 105.3 IBC amended – Application for a building permit.

Section 105.3 of the edition of the International Building Code adopted by this chapter is amended to read as follows:

Sec. 105.3 Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the city of Lynnwood’s building official for that purpose. Every such application shall:

1. Identify and describe the work to be covered by the permit for which application is made;

2. Describe the land on which the proposed work is to be done by legal description and/or parcel number(s). Street address or similar description, if available, shall be provided to readily identify and definitely locate the proposed building or work;

3. Indicate the proposed use or occupancy for which the application is intended;

4. Be accompanied by plans, diagrams, computations, specifications and other data as required by Section 106 IBC, which also meet the applicable requirements of LMC 16.04.075;

5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building, in accordance with the provisions of LMC 16.04.105;

6. Provide such information and evidence as is required by current State law to be furnished in connection with an application for a building permit or as a prerequisite to the issuance of a building permit;

7. Provide such other data and information as may be required by the building official;

8. Be signed by the applicant, or the applicant’s authorized agent.

9. When a contractor is to perform the work, its name, address and current Washington State contractor’s license number and city business license number.

Subsection.105.3.1 of the edition of the International Building Code adopted by this chapter is amended by addition of the following:

105.3.1.1 Actions on Applications. The following prerequisites shall be met prior to issuance of a building permit.

1. Any requirements or regulations imposed on a project as a condition of land use approval process.

2. The landscape plans have been approved.

3. If required all fire apparatus roads have been approved.

4. When not already available the water supplied for fire protection are installed and made serviceable.

5. Address(es) is/are as assigned by the City of Lynnwood.

6. Plans in compliance with LMC 12.12 related to the construction of frontage improvements for curb, gutter, sidewalks, city utilities and street surfacing have been submitted and approved by the Public Works Department.

7. When required submittals shall have been made for compliance with LMC 16.46 (Flood Plains), 17.02 (SEPA), 17.10 (Sensitive Areas), 19.00 (Platting) and 21.25 (Project Design Review).

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 9, 1998; Ord. 1914 § 1, 1992; Ord. 1894 § 9, 1992)

16.04.071 Section 105.3 IBC amended – Fully complete building permit application defined.

Section 105.3 of the edition of the International Building Code as adopted in this chapter is amended by adding a new Subsection 105.3.3 to read as follows:

105.3.3 To constitute a fully complete application for a building permit:

1. The application shall be in compliance with all provisions of Section 105.3 of the edition of the International Building Code as adopted and amended by this jurisdiction; and

2. If the applicant is a contractor required to be registered under Chapter 18.27 RCW, as now existing or hereafter amended, said contractor shall have been so registered at the time he submitted his application to the city’s building official; and

3. The applicant shall have paid any industrial insurance premiums if required to do so by the State’s Department of Labor and Industries at the time he submits his application to the building official or the applicant shall have been qualified as a self-insurer.

4. The applicant shall also pay, at the time of application, any and all city fees that are required to be paid at the time that the application is submitted.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 9, 1998)

16.04.072 Section 105.5 IBC amended – Expiration.

Section 105.5 of the edition of the International Building Code adopted by this chapter is amended to read as follows:

Section 105.5 Expiration. Every permit issued shall expire 18 months after the date of issuance. The Building Official may authorize one 180 day extension.

The request for an extension shall be in writing and submitted before the expiration date of said permit. Justifiable cause for the extension shall be demonstrated.

(Ord. 2840 § 4, 2010)

16.04.075 Section 107.1 IBC amended – Signed, dated, stamped drawings required.

Section 107.1 of the edition of the International Building Code as adopted in this chapter is amended by addition of new paragraphs to read as follows:

Section 107.1. All applications for building permits shall be accompanied by construction drawings signed, dated, and sealed or stamped on each individual page by a registered architect or professional engineer in accordance with Chapters 18.08 or 18.43 RCW, as now existing or hereafter amended, revised, recodified or re-enacted, unless exempted by RCW 18.08.410 or 18.43.130, as now existing or hereafter amended, revised, recodified or re-enacted. Applications that do not comply with this section shall not be accepted or processed by the building official.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 10, 1998; Ord. 1894 § 10, 1992)

16.04.080 Repealed.

Repealed by Ord. 2039.

16.04.090 Section 109.1 UBC amended.

Repealed by Ord. 2505.

16.04.095 Section 3410 IBC amended – Security deposit required to move or remove building.

Section 3410 of the edition of the International Building Code adopted by this chapter is amended by adding a new paragraph thereto, to read as follows:

Section 3410.2. For a building being moved or removed, $2,000 cash security will be required to the effect that the site from which the building is being moved or removed has been cleared of all debris, concrete foundation, etc., and left in a tidy condition; provided, however, that the building official may waive said security deposit if, for the property, there is in force and effect an active building permit or an active fill and grading permit for which the applicable bonds have been posted. Waiver of the security deposit does not constitute waiver of the duty to restore the site as herein provided. Restoration of the site must be accomplished within 30 days from the date of issuance of the permit. The sanitary sewer is required to be capped at the property line prior to issuance of the permit to move or remove the building from any site in the city of Lynnwood.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 13, 1998; Ord. 1914 § 4, 1992)

16.04.100 Fees.

Fees shall be set forth in an ordinance adopted and from time to time amended by the city council. (Ord. 2840 § 4, 2010; Ord. 2699 § 23, 2007; Ord. 2683 § 3, 2007; Ord. 2588 § 4, 2005; Ord. 2505 § 2, 2004; Ord. 2216 § 14, 1998; Ord. 2039 § 11, 1995; Ord. 1894 § 13, 1992; Ord. 1533 § 9, 1986)

16.04.105 Section 109.3 IBC amended – Valuation.

Section 109.3 of the IBC as adopted by this chapter is deleted and replaced with a new Section 109.3 to read as follows:

The building official shall establish the valuation of construction projects for which fees are specified in the city council fee resolution.

Said valuation shall be determined by using the construction cost or a nationally recognized value calculation system or table, in the discretion of the building official.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 15, 1998; Ord. 2039 § 12, 1995; Ord. 1894 § 14, 1992)

16.04.108 Section 111.2 amended – Certificate of occupancy.

Section 111.2 of the IBC as adopted by this chapter is amended by deletion of the first paragraph and replacement with the following:

111.2. Certificate Issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other ordinances enforced by the City of Lynnwood, the Building Official shall issue a Certificate of Occupancy containing the following information:

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007)

16.04.110 Section 216-O UBC – “Occupancy” defined.

Repealed by Ord. 2505.

16.04.120 Section 220-S UBC amended.

Repealed by Ord. 2505.

16.04.130 Section 224-W UBC amended.

Repealed by Ord. 2505.

16.04.140 Repealed.

Repealed by Ord. 1894.

16.04.150 Section 1805 IBC amended – Footings and foundations.

Section 1805 of the edition of the International Building Code adopted by this chapter is amended by a new subsection to read as follows:

1805.4 Water Drainage. When brought to his attention that a water drainage problem or a potential water drainage problem exists on any lot or parcel of land, the building official may require the owner or builder to correct such problem or to submit plans showing the proposed method to correct such problem. The plan shall indicate in sufficient detail all pipes, ditches or other means of alleviating the water drainage problem such that the water will not damage any public or private property. If the building official does not approve the drainage plan, he then may require a drainage study to be conducted by a licensed professional engineer. The building official shall approve water drainage plans or drainage studies in writing. No new construction may commence or continue in the area that may be affected by the potential water drainage problem. In all such occurrences, said corrective work shall commence within 30 days and be completed within 60 days after receipt of this notice from the building official. For the purpose of administering this subsection, the director of public works is appointed and designated as the building official.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 16, 1995; Ord. 1894 § 19, 1992; Ord. 1533 § 15, 1986)

16.04.160 Section 3307 IBC amended – Protection of adjoining property.

Section 3307 of the edition of the International Building Code adopted by this chapter is amended by adding thereto a new section, to read as follows:

Section 3307.2. Cleanup of Public Streets. Public streets adjacent to the property upon which the building permit is issued and other public streets which are used for conveyance of materials incorporated into the construction work, including excavated earth, either to or from the site, shall be kept clean with a power broom or other approved means. Wheels of trucks including the space between dual treads shall be cleaned before entering City rights-of-way. The cleanup shall include the flushing of storm sewer when required by the building official. For the purpose of administering this subsection, the director of public works is appointed and designated as the building official.

The building official may stop work of the building permit for violation of this section.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 17, 1995; Ord. 1894 § 20, 1992; Ord. 1533 § 17, 1986)

16.04.170 Repealed.

Repealed by Ord. 2039.

16.04.180 Section 5506 UBC added – Membrane structures.

Repealed by Ord. 2216.

16.04.190 Section 3305(e) UBC amended – Access to exits.

Repealed by Ord. 2216.

16.04.200 Restriction of building permits – Over one acre.

Repealed by Ord. 2216.

16.04.210 Section 705.5 – Exterior walls.

Section 705.5 of the edition of the International Building Code adopted by this chapter is amended to read as follows:

705.5 Fire-Resistive Ratings. Exterior walls between five feet and ten feet from property lines shall have a minimum fire rating of 1 hour and be rated for exposure from both sides or the more restrictive of Tables 601 and 602. Exterior walls five feet or closer to the property line shall be two hour fire resistive construction and shall be rated for exposure from both sides or per Tables 601 and 602 whichever is the greatest required protection.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004)

16.04.215 Section 705.8 IBC amended – Openings.

Section 705.8 of the edition of the International Building Code adopted by this chapter is amended to read as follows:

All openings between five feet through ten feet of a property line or an assumed property line shall be 45 minute rated opening or the more restrictive of Table 705.8.

No openings are allowed within the first five feet of the property line or assumed property line between two structures.

(Ord. 2840 § 4, 2010)

16.04.220 Section 903.2 IBC amended – Automatic sprinkler systems – Where required.

Section 903.2. of the edition of the International Building Code adopted by this chapter is amended to read as follows:

903.2. Approved automatic sprinkler systems shall be installed throughout all additions or new buildings or structures where the total combined floor area of all floors exceeds 5,000 square feet or the most restrictive of sections 903.2.1 through 903.2.12 shall have a sprinkler system installed throughout per IBC section 903.3 and LMC 9.04.090.E.1 (fire code).

Exceptions: Open parking garages of Type IA, Type IB, Type IIA or Type IIB construction, that do not apply Section 603.1 of this code in their design.

(Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007)

16.04.250 Restricting issuance of permits.

Repealed by Ord. 2683. See amended IBC Section 105.3.1.1. (Ord. 2840 § 4, 2010; Ord. 2505 § 2, 2004; Ord. 278 § 2, 1966)

16.04.900 Severability.

If any section, sentence, clause or phrase of this chapter be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2840 § 4, 2010; Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 1894 § 23, 1992; Ord. 1533 § 20, 1986)