Title 15
BUILDINGS AND CONSTRUCTION*

Chapters:

15.05 General Provisions

15.10 International Building Code

15.15 International Mechanical Code

15.20 International Fire Code

15.25 Uniform Plumbing Code

15.30 Repealed

15.35 Repealed

15.40 Repealed

15.45 Repealed

15.50 Electrical Code

15.55 Uniform Sign Code

15.60 Additional State Codes

15.65 International Fuel Gas Code

15.70 International Property Maintenance Code

15.75 International Residential Code

15.80 International Existing Building Code

* At least one copy of the codes, regulations, and standards adopted by reference in this title, in the form in which they are adopted, shall be filed in the office of the city clerk and shall be available for use and examination by the public.

Chapter 15.05
GENERAL PROVISIONS

Sections:

15.05.010 Title.

15.05.020 Code conflicts – Resolution.

15.05.030 Liability.

15.05.040 Hours of construction.

15.05.010 Title.

This title shall constitute the city “building code” and may be cited as such. (Ord. 77 § 1, 1995).

15.05.020 Code conflicts – Resolution.

A. In case of conflict among the building code, the mechanical code, the fire code, and the plumbing code, the first named code shall govern over those following.

B. In case of conflict between other codes and provisions adopted by this title, the code or provision that is the most restrictive, as determined by the building official, shall apply. (Ord. 77 § 19, 1995).

15.05.030 Liability.

This title shall not be construed to relieve or lessen the responsibility of any person, partnership, firm, association, or corporation owning, building, altering, constructing, or moving any building or structure as defined in the building code; nor shall the city or any officer, employee, or agent of the city assume such liability by reason of any inspection authorized in this title or certificate of inspection issued by the city or any of its officers, employees or agents. This title shall not create or otherwise establish or designate any particular class or group of persons who will or should be specially protected by the terms of this title. (Ord. 77 § 20, 1995).

15.05.040 Hours of construction.

A. Except as otherwise provided in any code adopted by reference in this title, the activities regulated by this title shall be limited to the following hours:

1. Monday through Friday: 7:00 a.m. to 7:00 p.m.

2. Weekends and legal holidays: 9:00 a.m. to 6:00 p.m.

B. The city manager, on the recommendation of the building official, may issue an authorization or revoke an authorization to expand the hours stated in subsection (A) of this section subject to conditions as deemed appropriate by the city manager, including a condition allowing withdrawal of the authorization for failure to comply with any conditions, if conducting the activity during the expanded hours will not significantly increase the activity’s adverse impact on residents or property in the vicinity of the property on which the activity will occur; provided, that in no event shall the activity be permitted to occur after 10:00 p.m. or prior to 7:00 a.m. on any day. The city manager’s decision shall be final unless the requestor or an aggrieved party files an appeal with the hearing examiner pursuant to the city’s appeals ordinance. (Ord. 98-165 § 2; Ord. 97-146 § 1; Ord. 77 § 21, 1995).

Chapter 15.10
INTERNATIONAL BUILDING CODE

Sections:

15.10.010 Adoption of the International Building Code.

15.10.011 International Building Code Section 105.2 amended.

15.10.012 International Building Code Section 105.5.1 added.

15.10.013 International Building Code Section 108.4.1 added.

15.10.014 International Building Code Section 108.6.1 added.

15.10.020 Repealed.

15.10.022 Repealed.

15.10.023 Repealed.

15.10.030 Repealed.

15.10.035 International Building Code Appendix Section J106.2 amended – Excavations.

15.10.010 Adoption of the International Building Code.

The International Building Code (IBC), 2003 Edition, including Chapters E, F, H, I, and J of the Appendix, as published by the International Code Council and adopted by the state of Washington pursuant to Chapter 51-50 WAC, is adopted by reference, subject to the amendments set forth in this chapter. (Ord. 2004-288 § 1; Ord. 98-170 § 1; Ord. 77 § 3, 1995).

15.10.011 International Building Code Section 105.2 amended.

Section 105.2, item 11 of the International Building Code, as adopted in NMC 15.10.010, is amended to read as follows:

105.2, item 11:

Swings and other playground equipment.

(Ord. 2004-288 § 2).

15.10.012 International Building Code Section 105.5.1 added.

A new section is added to the International Building Code, as adopted by NMC 15.10.010, to read as follows:

105.5.1 All permits shall expire after two years from the date of issuance, regardless of whether the work is completed. If a permit is expired for time, a new permit may be obtained for 1/2 the original permit fee provided that no changes have been or will be made in the original plans and specifications for such work.

(Ord. 2004-288 § 3).

15.10.013 International Building Code Section 108.4.1 added.

A new section is added to the International Building Code, as adopted in NMC 15.10.010, to read as follows:

108.4.1 Investigation Fees – Work without a Permit.

1) Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation fee shall be made before a permit may be issued for such work.

2) 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 the City of Newcastle, as set forth in Exhibit “E.” Payment of the investigation 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 illegal work remains for a period of 60 days past the posting of the Stop Work Order, it shall be considered hazardous and subject to abatement.

(Ord. 2004-288 § 4).

15.10.014 International Building Code Section 108.6.1 added.

A new section is added to the International Building Code, as adopted in NMC 15.10.010, to read as follows:

108.6.1 Fee Refunds. The Building Official may authorize the refunding of:

1) 100% of any fee erroneously paid or collected.

2) Up to 80% of the permit fee paid when no work has commenced under a permit issued in accordance with this code.

3) Up to 80% of the plan review fee paid when a permit application is withdrawn or cancelled before any plan reviewing is performed.

The Building Official shall not authorize the refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment.

(Ord. 2004-288 § 5).

15.10.020 Uniform Building Code Section 310.2.2 amended – Construction height and allowable areas.

Repealed by Ord. 2004-288. (Ord. 98-170 § 2; Ord. 77 § 4, 1995).

15.10.022 Uniform Building Code Section 904.2.2.5 amended – All occupancies except Group R, Division 3, and Group U Occupancies.

Repealed by Ord. 2004-288. (Ord. 98-170 § 3).

15.10.023 Uniform Building Code Section 904.2.2.6 amended – All occupancies except Group R, Division 3, and Group U Occupancies.

Repealed by Ord. 2004-288. (Ord. 98-170 § 4).

15.10.030 Uniform Building Code Section 1804.7 amended – Drainage.

Repealed by Ord. 2004-288. (Ord. 98-170 § 5; Ord. 77 § 5, 1995).

15.10.035 International Building Code Appendix Section J106.2 amended – Excavations.

Section J106.2 in the Appendix of the International Building Code, as adopted in NMC 15.10.010, is amended to read as follows:

J106.2 Cuts. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section.

If walls or rockeries are needed for retaining cuts or fills or supporting buildings, a civil engineer or soils engineer must approve the design of the wall or rockery if required by the Building Official. All rockeries and walls shall have a drain system as required for foundations.

In the absence of an approved soils engineering report, the provisions may be waived for minor cuts if in the opinion of the Building Official there would not be an erosion problem.

(Ord. 2004-288 § 10; Ord. 98-170 § 6).

Chapter 15.15
INTERNATIONAL MECHANICAL CODE

Sections:

15.15.010 Adoption of the International Mechanical Code.

15.15.020 Repealed.

15.15.010 Adoption of the International Mechanical Code.

The International Mechanical Code (IMC), 2003 Edition, published by the International Code Council and adopted by the state of Washington pursuant to Chapter 51-52 WAC, is adopted by this reference. (Ord. 2004-288 § 11; Ord. 98-170 § 7; Ord. 77 § 6, 1995).

15.15.020 Uniform Mechanical Code – Section 1312.18 added.

Repealed by Ord. 2004-288. (Ord. 98-170 § 8; Ord. 77 § 7, 1995).

Chapter 15.20
INTERNATIONAL FIRE CODE

Sections:

15.20.010 Adoption of the International Fire Code.

15.20.020 International Fire Code Section 105.2 amended – Application for permit.

15.20.030 International Fire Code Sections 503.1 through 503.4 adopted – Fire apparatus access roads.

15.20.040 Repealed.

15.20.050 International Fire Code Section 503.2.7.1 added – Fire apparatus access roads.

15.20.060 Repealed.

15.20.070 Repealed.

15.20.080 Repealed.

15.20.090 International Fire Code Section 307.1 amended – Open burning – General.

15.20.100 International Fire Code Section 1407.1 amended – Explosive materials.

15.20.110 International Fire Code Section 3305.1 amended – Manufacturing, assembly and testing of explosives, explosive materials, and fireworks.

15.20.120 International Fire Code Section 3404.2.9.5.1 amended – Locations where above ground tanks are prohibited.

15.20.130 International Fire Code Section 3406.2.4.4 amended – Locations where above ground tanks are prohibited.

15.20.140 Repealed.

15.20.150 International Fire Code Appendix B, Section B105.1 amended – One- and two-family dwellings.

15.20.010 Adoption of the International Fire Code.

The International Fire Code (IFC), 2003 Edition, including Appendix B, C, E, and F as published by the International Code Council, as adopted by the state of Washington pursuant to Chapters 51-54 and 51-55 WAC, is adopted by reference, subject to the amendments set forth in this chapter. (Ord. 2004-288 § 13; Ord. 98-170 § 9; Ord. 77 § 8, 1995).

15.20.020 International Fire Code Section 105.2 amended – Application for permit.

Section 105.2 of the International Fire Code, as adopted in NMC 15.20.010, is amended to read as follows:

105.2 Application. Applications for permits shall be made to the City of Newcastle in such form and detail as required by the fire department. Applications for permits shall be accompanied by such plans as required by the Bureau of Fire Prevention. All applications for fire department permits shall be forwarded to the Bureau of Fire Prevention for consideration of approval.

105.2.1 Permit Fees. Any fees for fire code permits, plans check, or any other fire service shall be in the amount established by the City by resolution.

105.2.2 Fire Code Permit Term. Fire Code Permits are either temporary, pertaining to an activity or process that will last a specific period of time, usually less than 30 days, or annual. All annual permits will expire one fiscal year from the date of issuance.

(Ord. 2004-288 § 14; Ord. 98-170 § 10; Ord. 77 § 9, 1995).

15.20.030 International Fire Code Sections 503.1 through 503.4 adopted – Fire apparatus access roads.

Sections 503.1 through 503.4 of the International Fire Code, as adopted in NMC 15.20.010, shall be retained and adopted by the city of Newcastle. (Ord. 2004-288 § 15; Ord. 98-170 § 11).

15.20.040 Uniform Fire Code Section 901.4.4 amended – Premises identification.

Repealed by Ord. 2004-288. (Ord. 98-170 § 12).

15.20.050 International Fire Code Section 503.2.7.1 added – Fire apparatus access roads.

Section 503.2.7.1 of the International Fire Code, as adopted in NMC 15.20.010, is amended as follows:

503.2.7.1 Sprinklers Required. Fire sprinklers are required in buildings that are served by a primary access road that is in excess of 15 percent for more than 200 feet.

(Ord. 2004-288 § 17; Ord. 98-170 § 13).

15.20.060 Uniform Fire Code Section 1003.2.2.5 amended – Automatic sprinklers required.

Repealed by Ord. 2004-288. (Ord. 98-170 § 14).

15.20.070 Uniform Fire Code Section 1003.2.2.6 amended – Automatic sprinklers required.

Repealed by Ord. 2004-288. (Ord. 98-170 § 15).

15.20.080 Uniform Fire Code Section 1003.2.9 amended – Group R, Division 1 Occupancies.

Repealed by Ord. 2004-288. (Ord. 98-170 § 16).

15.20.090 International Fire Code Section 307.1 amended – Open burning – General.

Section 307.1 of the International Fire Code, as adopted in NMC 15.20.010, is amended as follows:

307.1 General. Open burning shall not be conducted at any time in compliance with a permanent ban on open burning established by the Puget Sound Clean Air Agency (PSCAA).

Exception: Recreational and other cooking fires in accordance with exceptions allowed by the PSCAA.

(Ord. 2004-288 § 21; Ord. 98-170 § 17).

15.20.100 International Fire Code Section 1407.1 amended – Explosive materials.

Section 1407.1 of the International Fire Code, as adopted in NMC 15.20.010, is amended as follows:

1407.1 Storage and Handling. The storage of explosive materials is prohibited within the limits of the City.

(Ord. 2004-288 § 22; Ord. 98-170 § 18).

15.20.110 International Fire Code Section 3305.1 amended – Manufacturing, assembly and testing of explosives, explosive materials, and fireworks.

Section 3305.1 of the International Fire Code, as adopted in NMC 15.20.010, is amended to read as follows:

3305.1 General. The manufacturing of fireworks is prohibited within the limits of the City.

(Ord. 2004-288 § 23; Ord. 98-170 § 19).

15.20.120 International Fire Code Section 3404.2.9.5.1 amended – Locations where above ground tanks are prohibited.

Section 3404.2.9.5.1 of the International Fire Code, as adopted in NMC 15.20.010, is amended as follows:

3404.2.9.5.1 Locations where above ground tanks are prohibited. The storage of Class I and Class II flammable liquids in above ground tanks in excess of 100 gallons is prohibited within the limits of the City.

(Ord. 2004-288 § 24; Ord. 98-170 § 20).

15.20.130 International Fire Code Section 3406.2.4.4 amended – Locations where above ground tanks are prohibited.

Section 3406.2.4.4 of the International Fire Code, as adopted in NMC 15.20.010, is amended to read as follows:

3406.2.4.4 Locations where above ground tanks are prohibited. The storage of Class I and Class II flammable liquids in above ground tanks in excess of 100 gallons is prohibited within the limits of the City.

(Ord. 2004-288 § 25; Ord. 98-170 § 21).

15.20.140 Uniform Fire Code Section 8204.2 amended – Maximum capacity within established limits.

Repealed by Ord. 2004-288. (Ord. 98-170 § 22).

15.20.150 International Fire Code Appendix B, Section B105.1 amended – One- and two-family dwellings.

Section B105.1 of Appendix B of the International Fire Code, as adopted in NMC 15.20.010, is amended as follows:

B105.1 One- and two-family dwellings. The minimum fire flow and flow duration requirements for new one- and two-family dwellings having a fire flow area which does not exceed 3,600 square feet (344.5 m2) shall be 1,500 gallons per minute (5678.1 L/min.). Fire flow and flow duration for dwellings in excess of 3,600 square feet (344.5 m2) shall not be less than specified in Table B105.1.

EXCEPTION: A reduction in required fire flow of 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system.

(Ord. 2004-288 § 27; Ord. 98-170 § 23).

Chapter 15.25
UNIFORM PLUMBING CODE

Sections:

15.25.010 Adoption of the Uniform Plumbing Code.

15.25.020 Repealed.

15.25.010 Adoption of the Uniform Plumbing Code.

The Uniform Plumbing Code (UPC), 2003 Edition, excluding Chapters 12 and 15 of the Code, including Chapters A, B, D, H, and I of the Appendices and the Uniform Plumbing Standards, 2003 Edition, as published by the International Association of Plumbing and Mechanical Officials, as adopted by the state of Washington pursuant to Chapters 51-56 and 51-57 WAC, are adopted by reference. (Ord. 2004-288 § 28; Ord. 98-170 § 24; Ord. 77 § 10, 1995).

15.25.020 Uniform Plumbing Code Table 1-1, plumbing permit fees, deleted.

Repealed by Ord. 2004-288. (Ord. 98-170 § 25).

Chapter 15.30
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS

(Repealed by Ord. 2004-288)

Chapter 15.35
UNIFORM HOUSING CODE

(Repealed by Ord. 2004-288)

Chapter 15.40
UNIFORM BUILDING SECURITY CODE

(Repealed by Ord. 2004-288)

Chapter 15.45
UNIFORM ADMINISTRATIVE CODE

(Repealed by Ord. 98-170)

Chapter 15.50
ELECTRICAL CODE

Sections:

15.50.010 Adoption of the electrical code.

15.50.010 Adoption of the electrical code.

The following codes are adopted by reference:

A. The National Electrical Code, 2002 Edition, as published by the National Fire Protection Association;

B. The following chapters of the Washington Administrative Code as presently existing and as may be subsequently amended:

1. Chapter 296-43 WAC, Heating Installations;

2. Chapter 296-45 WAC, Safety Standards – Electrical Workers;

3. Chapter 296-46B WAC, Electrical Safety Standards, Administration, and Installation. (Ord. 2004-288 § 33; Ord. 98-170 § 29; Ord. 77 § 15, 1995).

Chapter 15.55
UNIFORM SIGN CODE

Sections:

15.55.010 Adopted.

15.55.020 Uniform Sign Code – Section 210 amended – Marquee.

15.55.010 Adopted.

The Uniform Sign Code (USC), 1997 Edition, as published by the International Conference of Building Officials, is adopted by reference, subject to the amendment set forth in this chapter. (Ord. 98-170 § 30; Ord. 77 § 16, 1995).

15.55.020 Uniform Sign Code – Section 210 amended – Marquee.

Section 210 of the Uniform Sign Code, as adopted in NMC 15.55.010, is deemed as follows:

A marquee is a permanent roofed structure attached to and supported by the building, providing protection from the weather elements, but does not include a projecting roof. For the purposes of this chapter, a freestanding permanent roof-like structure providing protection from the weather elements, such as a service station gas pump island, shall also be considered a marquee.

(Ord. 77 § 17, 1995).

Chapter 15.60
ADDITIONAL STATE CODES

Sections:

15.60.010 Adoption of additional state codes.

15.60.010 Adoption of additional state codes.

The following chapters of the Washington Administrative Code, as presently existing and as may be amended, are adopted by reference:

A. Chapter 51-50 WAC, Washington State Barrier Free Facilities Code;

B. Chapter 51-11 WAC, Washington State Energy Code;

C. Chapter 51-13 WAC, Washington State Ventilation and Indoor Air Quality Code; and

D. Chapter 51-19 WAC, Washington State Historic Building Code. (Ord. 2004-288 § 34; Ord. 98-170 § 31; Ord. 77 § 18, 1995).

Chapter 15.65
INTERNATIONAL FUEL GAS CODE

Sections:

15.65.010 Adoption of International Fuel Gas Code.

15.65.020 International Fuel Gas Code Section 409.2.1 added.

15.65.010 Adoption of International Fuel Gas Code.

The International Fuel Gas Code (IFGC), 2003 Edition, published by the International Code Council as adopted by the state of Washington pursuant to Chapter 51-52 WAC, is adopted by this reference. (Ord. 2004-288 § 35).

15.65.020 International Fuel Gas Code Section 409.2.1 added.

A new section is added to the International Fuel Gas Code, as adopted by NMC 15.65.010, to read as follows:

409.2.1 Earthquake shut off valve. All new gas services and gas services which are expanded shall have an approved earthquake shut off valve installed in the building supply line immediately after the gas meter. The valve shall be located outside of the structure and be accessible.

(Ord. 2004-288 § 35).

Chapter 15.70
INTERNATIONAL PROPERTY MAINTENANCE CODE

Sections:

15.70.010 Adoption of International Property Maintenance Code.

15.70.010 Adoption of International Property Maintenance Code.

The International Property Maintenance Code (IPMC), 2003 Edition, as published by the International Code Council, is adopted by reference. (Ord. 2004-288 § 36).

Chapter 15.75
INTERNATIONAL RESIDENTIAL CODE

Sections:

15.75.010 Adoption of International Residential Code.

15.75.020 International Residential Code Section R105.2 amended.

15.75.030 International Residential Code Section R105.5.1 added.

15.75.040 International Residential Code Section R108.4.1 added.

15.75.050 International Residential Code Section R108.5.1 added.

15.75.060 International Residential Code Table R301.2(1) amended.

15.75.070 International Residential Code Section R405.1.1 added.

15.75.010 Adoption of International Residential Code.

The International Residential Code (IRC), 2003 Edition, published by the International Code Council including Appendices G, H, J, and K as adopted by the state of Washington pursuant to Chapter 51-51 WAC, is adopted by this reference. (Ord. 2004-288 § 37).

15.75.020 International Residential Code Section R105.2 amended.

Section R105.2 of the International Residential Code, as adopted in NMC 15.75.010, is amended to read as follows:

R105.2, item 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet.

(Ord. 2004-288 § 37).

15.75.030 International Residential Code Section R105.5.1 added.

A new section is added to the International Residential Code to read as follows:

R105.5.1 All permits shall expire after two years from the date of issuance, regardless of whether the work is completed. If a permit is expired for time, a new permit may be obtained for 1/2 the original permit fee provided that no changes have been or will be made in the original plans and specifications for such work.

(Ord. 2004-288 § 37).

15.75.040 International Residential Code Section R108.4.1 added.

A new section is added to the International Residential Code to read as follows:

R108.4.1 Investigation Fees – Work without a Permit.

1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation fee shall be made before a permit may be issued for such work.

2. 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 the City of Newcastle, as set forth in Exhibit “E.” Payment of the investigation 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 illegal work remains for a period of 60 days past the posting of the Stop Work Order, it shall be considered hazardous and subject to abatement.

(Ord. 2004-288 § 37).

15.75.050 International Residential Code Section R108.5.1 added.

A new section is added to the International Residential Code to read as follows:

R108.5.1 Fee Refunds. The Building Official may authorize the refunding of:

1. 100% of any fee erroneously paid or collected.

2. Up to 80% of the permit fee paid when no work has commenced under a permit issued in accordance with this code.

3. Up to 80% of the plan review fee paid when a permit application is withdrawn or cancelled before any plan reviewing is performed.

The Building Official shall not authorize the refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment.

(Ord. 2004-288 § 37).

15.75.060 International Residential Code Table R301.2(1) amended.

Table 301.2(1) of the International Residential Code is amended to read as follows:

301.2(1) Ground snow load – 20 psf up to 700 feet in elevation; 35 psf thereafter

Wind speed – 85 mph

Seismic design category – D2

Weathering – moderate

Frost line depth – 18"

Damage from termites – slight to moderate

Damage from decay – slight to moderate

Winter design temperature – 17 degrees Fahrenheit

Ice shield underlayment is not required

Mean annual temperature – 50 degrees Fahrenheit

(Ord. 2004-288 § 37).

15.75.070 International Residential Code Section R405.1.1 added.

A new section is added to the International Residential Code, as adopted in NMC 15.75.010, to read as follows:

R405.1.1 Drainage. Provisions shall be made for the control and drainage of water around and under buildings.

Adequate provisions shall be made to insure that under floor spaces remain free of running or standing water by the installation of drains. Additional drains are required in foundations to relieve water from under floor spaces where it is determined by the Building Official that such drainage is required. Drain pipes shall be of sufficient size to adequately convey water to an approved location, but shall be a minimum size of 4 inches. Provisions shall be made to prevent the drainage system from becoming blocked.

(Ord. 2004-288 § 37).

Chapter 15.80
INTERNATIONAL EXISTING
BUILDING CODE

Sections:

15.80.010 Adoption of International Existing Building Code.

15.80.010 Adoption of International Existing Building Code.

The International Existing Building Code, 2003 Edition, as published by the International Code Council, is adopted by reference. (Ord. 2004-288 § 38).