Title 15
BUILDINGS AND CONSTRUCTION

Chapters:

15.01 Building Codes

15.03 Repealed

15.04 Repealed

15.05 Repealed

15.06 Plumbing Code

15.08 Fence Standards

15.12 Mobile Homes

15.13 Mobile Home Parks

15.14 Temporary Mobile Homes

15.16 Trailer Coaches

15.22 Energy Codes

15.23 Enforcement

15.25 Substandard and Dangerous Conditions/Residential Tenancies

Chapter 15.01
BUILDING CODES

Sections:

15.01.010 Purposes – Objectives – Standards.

15.01.020 Definitions.

15.01.030 Adoption of international and other codes.

15.01.040 Limitations on amendment.

15.01.010 Purposes – Objectives – Standards.

The purpose of this chapter is to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes. Accordingly, this chapter is designed to effectuate the following purposes, objectives, and standards:

A. To require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire and life safety.

B. To require standards and requirements in terms of performance and nationally accepted standards.

C. To permit the use of modern technical methods, devices and improvements.

D. To eliminate restrictive, obsolete, conflicting, duplicating and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.

E. To provide for standards and specifications for making buildings and facilities accessible to and usable by physically disabled persons.

F. To consolidate within each authorized enforcement jurisdiction, the administration and enforcement of building codes.

G. The city of Sultan shall keep on file in the office of the clerk/treasurer one copy of the hereinafter referenced codes as herein adopted together with the amendments and supplements thereto herein make a part of this chapter.

H. The building department is hereby created and the official in charge thereof shall be known as the building official. The city of Sultan hereby creates the position of building official. The mayor per Section 3.02 of the personnel policy manual shall appoint said building official. The building official shall perform such duties as are identified throughout this municipal code.

The building official also shall fulfill the following duties:

1. Serve as plans examiner;

2. Provide supervision and guidance for the building department;

3. Carry out such other duties as the mayor may designate. (Ord. 856-04 § 1)

15.01.020 Definitions.

As used in this chapter:

A. “City” means city of Sultan;

B. “Multifamily residential building” means common wall residential buildings that consist of four or fewer units, that do not exceed two stories in height, that are less than 5,000 square feet in area, and that have a one-hour fire-resistive occupancy separation between units; and

C. “Temporary growing structure” means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention. (Ord. 856-04 § 1)

15.01.030 Adoption of international and other codes.

A. Except as otherwise provided in this chapter, there shall be in effect in the city of Sultan the building code which shall consist of the following codes which are hereby adopted by reference as amended by the Washington State Building Code Council:

1. a. The International Building Code, published by the International Code Council, Inc.;

b. The International Residential Code, published by the International Code Council, Inc.;

2. The International Mechanical Code, published by the International Code Council, Inc., except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code);

3. The International Fire Code, published by the International Code Council, Inc., including those standards of the National Fire Protection Association specifically referenced in the International Fire Code; provided, that notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles;

4. Except as provided in RCW 19.27.170, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials; provided, that any provisions of such code affecting sewers or fuel gas piping are not adopted; and

5. The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160.

In case of conflict among the codes enumerated in subsections (A)(1), (2), (3), and (4) of this section, the first named code shall govern over those following.

B. Intent.

1. The intent of the adoption of the International Building Code by the city of Sultan is to remain consistent with state laws regulating construction, including electrical, plumbing, and energy codes established in Chapters 19.27, 19.27A, and 19.28 RCW. The International Building Code references the International Residential Code for provisions related to the construction of single- and multiple-family dwellings. No portion of the International Residential Code shall supersede or take precedence over provisions in Chapter 19.28 RCW, regulating the electrical code; nor provisions in RCW 19.27.031(4), regulating the plumbing code; nor provisions in Chapter 19.27A RCW, regulating the energy code.

2. In accordance with RCW 19.27.020, the city shall promote fire and life safety in buildings consistent with accepted standards.

3. The city of Sultan finds that building codes are an integral component of affordable housing. (Ord. 856-04 § 1)

15.01.040 Limitations on amendment.

The city is authorized to amend the State Building Code as it applies within the jurisdiction of the city. The minimum performance standards of the codes and the objectives enumerated in RCW 19.27.020 shall not be diminished by any amendments.

A. No provision of the Uniform Fire Code concerning roadways shall be part of the State Building Code; provided, that this subsection shall not limit the authority of a county or city to adopt street, road, or access standards.

B. The city may adopt an ordinance or resolution to exempt from permit requirements certain construction or alteration of either Group R, Division 3, or Group M, Division 1 occupancies, or both, as defined in the Uniform Building Code, 1988 Edition, for which the total cost of fair market value of the construction or alteration does not exceed $1,500. The permit exemption shall not otherwise exempt the construction or alteration from the substantive standards of the codes enumerated in RCW 19.27.031, as amended and maintained by the State Building Code Council under RCW 19.27.070. (Ord. 856-04 § 1)

Chapter 15.03
BUILDING CODE

(Repealed by Ord. 856-04)

Chapter 15.04
MECHANICAL CODE

(Repealed by Ord. 856-04)

Chapter 15.05
FIRE CODE

(Repealed by Ord. 856-04)

Chapter 15.06
PLUMBING CODE

Sections:

15.06.010 Plumbing code adopted.

15.06.020 Definitions.

15.06.030 Cross-connection declared unlawful.

15.06.031 Backflow prevention devices to be installed.

15.06.032 Regulation of private water supplies.

15.06.033 Adoption of state regulation.

15.06.034 Abatement of unlawful cross-connections and installation of backflow prevention devices – Procedures.

15.06.040 Penalties.

15.06.010 Plumbing code adopted.

The Uniform Plumbing Code, issued by the International Association of Plumbing and Mechanical Officials, 1991 Edition, together with amendments and/or additions thereto, is adopted, in part, as listed herein by this reference as part of the plumbing code. Nothing in this code shall apply to the installation of any gas piping or vents for water heaters. (Ord. 583, 1992; Ord. 542, 1990)

15.06.020 Definitions.

As used in this chapter, the following definitions apply:

A. “Backflow” means a flow other than the intended direction of flow, or any foreign liquids, gases or substances into the distribution system of a public water supply.

B. “Backflow prevention device” means a device approved by the state of Washington, Department of Social and Health Services or such other state department that shall have jurisdiction over the subject matter, and by the American Water Works Association, used to counteract back pressure or prevent back siphonage into the distribution system of a public water supply.

C. “Cross-connection” means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to a public water supply as a result of backflow. (Ord. 542, 1990)

15.06.030 Cross-connection declared unlawful.

The installation or maintenance of a cross-connection which, in the opinion of the utility superintendent or building official, or any staff member that he or she shall designate who is qualified in protection of municipal water quality, will endanger the water quality of the potable water supply of the city, is declared to be unlawful. (Ord. 542, 1990)

15.06.031 Backflow prevention devices to be installed.

Backflow prevention devices, when required to be installed in the opinion of the utility superintendent, building official or his designated representative, shall be installed and maintained by the service customer on any service connection to the city water supply system where said backflow prevention devices are necessary for the protection of the city water supply. (Ord. 542, 1990)

15.06.032 Regulation of private water supplies.

Use or operation of a private water supply system, contrary to the provisions of the ordinances of the city, or the laws of the state of Washington or the rules and regulations of the State Board of Health regarding public water supplies where said private system is served by the city public water supply, are declared to be unlawful. (Ord. 542, 1990)

15.06.033 Adoption of state regulation.

Rules and regulations of the State Board of Health regarding public water supplies, entitled, “Cross-Connection Control Regulations in Washington State,” WAC 248-54-250 through 248-54-500, and the American Water Works Association, Pacific Northwest Section’s Second Edition of “Accepted Procedure and Practice in Cross-Connection Manual” as they presently exist and as they may, from time to time, be amended in the future, are adopted by this reference as if set forth in full. (Ord. 542, 1990)

15.06.034 Abatement of unlawful cross-connections and installation of backflow prevention devices – Procedures.

Cross-connections declared in this chapter to be unlawful whether presently existing or hereinafter installed and/or services requiring backflow prevention devices and/or unlawful use or operation or a private water supply system served by the city public water supply system are declared to be public nuisances, and in addition to any other provisions of this code or the ordinances of the city regarding the abatement of public nuisances, shall be subject to abatement in accordance with the following procedure:

A. In the event that the utility superintendent or the building official or his designee determines that a written notice shall be sent to the person in whose name the water service is established under the records of the city water department, or alternatively, a copy of such written notice shall be posted on the premises served;

B. The notice shall provide that the nuisance described in this section shall be corrected within 30 days of the date said notice is mailed or posted on the premises;

C. In the event said nuisance is not abated within the prescribed time, water service to said premises shall be discontinued;

D. In the event that the nuisance, in the opinion of the utility superintendent, or building official, or his designated representative, presents an immediate danger of contamination to the public water supply, service from the city water supply system to the premises may be terminated without prior notice; provided, however, notice will be posted on the premises in the manner heretofore provided at the time said service is terminated. (Ord. 542, 1990)

15.06.040 Penalties.

In addition to the remedies set forth in this chapter, any person found guilty of violating any of the provisions of this chapter shall be subject to the penalties as set forth in SMC 15.01.030. (Ord. 542, 1990)

Chapter 15.08
FENCE STANDARDS

Sections:

15.08.010 Purpose.

15.08.015 Definition.

15.08.020 General.

15.08.030 Residential design standards.

15.08.040 Commercial design standards.

15.08.010 Purpose.

The purpose and intent of these fencing standards is to create aesthetic fencing that is uniform along frontages with characteristics similar to the existing neighborhood. No fence or wall shall create a hazard to the general public. (Ord. 807-03; Ord. 713-00)

15.08.015 Definition.

Any person not finding a definition of a word or phrase in this chapter shall first refer to Chapter 16.150 SMC; any word phrase not defined by either this chapter or Chapter 16.150 SMC shall then refer to Webster’s Dictionary.

A. “Fence” means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Per SMC 16.150.060(4). (Ord. 807-03)

15.08.020 General.

Fences shall be regulated by this code when placed on or near the property boundary which may include fences within 10 feet of any right-of-way, street, alley, access easement, driveway or within 30 feet of a corner.

A permit is required for all new fences constructed within the city of Sultan.

All permit applications shall:

A. Include the required fee;

B. A site plan drawn to scale indicating property lines, easements, abutting rights-of-way, adjacent driveways, location and height of fence and all structures including fire hydrants and power poles within 10 feet of proposed fence. (Ord. 807-03; Ord. 713-00)

15.08.030 Residential design standards.

Fences may be installed on property lines in residentially zoned lots, with the exception of fences on reversed frontage lots and corner lots.

A. Fences of corner and reversed frontage lots may be constructed up to a height of six feet along the secondary or additional street frontages provided the following conditions are met:

1. The fence is set back five feet from the property line and does not extend beyond the required or existing setback of the dwelling located on the property; and

2. The required five-foot setback is landscaped with evergreen trees and shrubs, perennial plant materials, and groundcover. Up to 25 percent of the required evergreen trees may be deciduous to add seasonal color and texture variation.

B. Fences along through lots adjacent to other through lots or corner and reverse frontage lots may be constructed up to a height of six feet along the secondary or additional street frontages provided the following conditions are met:

1. The fence is set back five feet from the property line; and

2. The required five-foot setback is landscaped with evergreen trees and shrubs, perennial plant materials, and groundcover. Up to 25 percent of the required evergreen trees may be deciduous to add color and texture variation.

C. Fences installed on or across a city of Sultan easement may be required to be removed by the property owner, or may be removed by the city of Sultan, a city agent, or a city contractor at the property owner’s expense.

It shall be the property owner’s responsibility to determine the location of all property lines.

D. Height shall normally be limited to three feet within 10 feet of any right-of-way, street, access easement, or driveway or 30 feet of any corner.

The city may approve a fence up to six feet in height provided the city finds no hazard to users of the street or to nearby property will be created.

E. A minimum four-foot high fence shall be placed around open storm drainage retention/detention systems when required by the Uniform Building Code (U.B.C.) Division 1 Section 419 for swimming pools. The design shall be approved by the city and in compliance with the U.B.C. Division 1 Section 419, a 10-foot wide service access with a 10-foot wide service access gate shall be provided.

F. When a retaining wall three feet in height or greater is contiguous to and below a proposed fence, the proposed fence may be constructed for the purposes of safety not greater than four feet above the top of the retaining wall or the finished grade, whichever is less, without the necessity for a variance.

G. Fence height shall be measured from the top of the fence to the lowest grade possible on the property owner’s side.

H. Supporting fence post shall be installed at one-third of the distance of the fence height into the ground. Fence post for privacy fence (solid board) shall be installed at 40 percent of the fence height.

I. No fence, structure, or landscaping may be constructed or maintained if it creates a hazard to users of the street or to nearby property. Electrical, barbed wire, and any material that may cause a safety hazard shall be prohibited, unless the applicant can prove that the fence is for existing agricultural uses. (Ord. 807-03; Ord. 713-00)

15.08.040 Commercial design standards.

In all other zones, fences and walls may be installed up to a height of eight feet; provided, that the following requirements are met:

A. Where commercially or industrially zoned property has street frontage across from residential property, there shall be a setback of one foot for each foot in height of the fence or wall. This setback will be densely landscaped to provide a vegetative barrier. A landscaping plan will be submitted to and approved by the planning director prior to construction of the fence or wall. All installed landscaping materials will be maintained in a healthy state.

B. A landscaped setback area shall not be required for fences or walls if the commercial or industrially zoned property adjoins or abuts similarly zoned property. (Ord. 807-03)

Chapter 15.12
MOBILE HOMES*

Sections:

15.12.010 Mobile home defined.

15.12.020 Compliance with chapter required for placing within city.

15.12.030 Placement requirements.

15.12.040 Permit – Required – Information required.

15.12.050 Permit – Issuance requirements.

15.12.060 Permit fees.

15.12.070 Standards.

15.12.080 Violation – Penalty.

*Prior legislation: Ords. 335 and 355.

15.12.010 Mobile home defined.

“Mobile home” used throughout this chapter is defined as follows: “Mobile home” means a mobile home as defined in RCW 46.04.302. (Ord. 495, 1987)

15.12.020 Compliance with chapter required for placing within city.

Mobile homes, as defined in SMC 15.12.010, may be placed within the city of Sultan in accordance with the rules and regulations set out in this chapter. All mobile homes placed within the city of Sultan must meet the state of Washington Department of Labor and Industries specifications and have the U.S. Department of Housing and Urban Development approval as promulgated under RCW 43.22.340. (Ord. 495, 1987)

15.12.030 Placement requirements.

Mobile homes must be placed within the city of Sultan in accordance with the setback requirements of the Uniform Building Code as adopted by Ordinance No. 457 of the city of Sultan. (Ord. 495, 1987)

15.12.040 Permit – Required – Information required.

A permit shall be issued by the building official for each mobile home prior to placement of a unit within the corporate limits of the city of Sultan. Any person desiring such permit to place a mobile home within the city of Sultan shall provide the building official with the following information:

A. Legal description of the land upon which the mobile home is to be placed;

B. Name, address and phone number of the owner of the land upon which the mobile home is to be placed;

C. Name, address and phone number of the owner of the mobile home;

D. Proof of ownership of the mobile home;

E. Proof of Washington State Department of Labor and Industries approval of mobile home as promulgated under RCW 43.22.340;

F. A site plan drawn to scale;

G. A detailed description of the mobile home including all dimensions, exits and utility connections; together with a description of the proposed method of sewage disposal and proposed method of water supply;

H. A description of the proposed use of the mobile home;

I. A complete description of the proposed method of securing the mobile home to the land upon which it will be located; provided, that said method of securing the mobile home to the land must conform with the requirements set forth in the Uniform Building Code adopted by the city of Sultan;

J. As much information as necessary to accurately provide an environmental assessment. (Ord. 495, 1987)

15.12.050 Permit – Issuance requirements.

A permit for the installation of a mobile home shall be issued by the building official when:

A. Fees as described in SMC 15.12.060 have been paid; and

B. The building inspector has reviewed and approved the information submitted by the applicant. (Ord. 495, 1987)

15.12.060 Permit fees.

The rate to be charged per mobile home shall be:

A. One hundred fifty dollars for the placement of each mobile home within an approved mobile home park;

B. Two hundred dollars for the placement of each mobile home on an approved lot other than in mobile home parks;

C. Completion permit, $50.00. (Ord. 542, 1990; Ord. 495, 1987)

15.12.070 Standards.

A. Before a mobile home can be occupied, the owner must satisfy the building official for the city that the unit is located according to the following standards:

1. Only one mobile home per approved trailer park lot or parcel of real property that complies with the city of Sultan comprehensive plan and building codes;

2. The mobile home is occupied only as a single-family dwelling as defined in the Uniform Building Code;

3. The mobile home has been inspected and approved as per applicable WAC rule (see building official for current WAC rule);

4. Mobile home has U.S. Department of Housing and Urban Development approval plate;

5. Mobile homes located on parcels of real property outside of mobile home parks shall have a minimum width of not less than 17 feet as measured at all points perpendicular to the length of the mobile home and contain not less than 720 square feet of the living area enclosed within the walls and shall have a manufactured date not earlier than five years from the date of application and comply with federal manufactured housing standards as evidenced by appropriate seals affixed to their outer skin;

6. All other building permits are obtained;

7. All lot size and setback requirements imposed on nonmobile home structures have been met;

8. Within 30 days after occupancy, fire-resistant skirting shall be installed to enclose all areas from the lower edge of the outside walls to the ground with a removable access panel. Failure to comply with this requirement shall constitute a violation and shall be subject to the penalties set forth in SMC 15.12.080;

9. A minimum of 18 inches crawl space under the mobile home shall be provided;

10. Permanent steps are affixed to all exits of the mobile home.

B. All such mobile homes may not be occupied either temporarily or permanently until they have been connected to an approved potable water supply, a sanitary sewer system or approved septic tank, and until they have been inspected and approved by the city building inspector pursuant to the rules and regulations contained in this chapter and of the city of Sultan. Failure to comply with this requirement shall constitute a violation and shall be subject to the penalties set forth below in SMC 15.12.080. (Ord. 495, 1987)

15.12.080 Violation – Penalty.

Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine of not more than $100.00 and each day’s failure of noncompliance with any such provisions shall constitute a separate violation. (Ord. 495, 1987)

Chapter 15.13
MOBILE HOME PARKS

Sections:

15.13.010 Definitions.

15.13.020 Placement within mobile home park required.

15.13.030 Building inspector duties and powers.

15.13.040 Mobile home park permit requirements.

15.13.050 Mobile home park requirements.

15.13.060 Required surfacing for roads and driveways.

15.13.070 Violation – Penalty.

15.13.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

A. “Mobile home” means a mobile home as defined in RCW 46.04.302 and SMC 15.12.010.

B. “Motor home” means a motor home as defined in RCW 46.04.305.

C. “Permit” means a written permit issued by the city clerk/treasurer permitting the mobile home park or land owner to operate under this chapter and regulations promulgated thereunder.

D. “Mobile home space” means a plot of ground within a mobile home park designed for the accommodation of one mobile home or a plot of ground wherein a mobile home may be placed within the city of Sultan when not located within a mobile home park.

E. “Mobile home park” means any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes are located. (Ord. 464, 1985)

15.13.020 Placement within mobile home park required.

“Motor home” as used in this section includes all such vehicles as defined in SMC 15.13.010(B), and dwelling units transportable and licensable on the public highways. (Ord. 464, 1985)

15.13.030 Building inspector duties and powers.

A. The building inspector is authorized and directed to make inspections to determine the condition of mobile home parks located within the city of Sultan, in order that he may perform his duty of safeguarding the health and safety of occupants of mobile home parks and of the general public.

B. Any mobile home which shall be found by the building inspector to be so damaged, decayed, dilapidated, unsanitary or vermin infested that it creates a nuisance or is a hazard to the health or safety of the occupants or of the public, shall be designated as unfit for human habitation.

C. No owner or operator of a mobile home park shall permit a mobile home to remain in the park when the mobile home has been designated by the building inspector as unfit for human habitation.

D. The building inspector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter. (Ord. 464, 1985)

15.13.040 Mobile home park permit requirements.

A. To establish or expand a mobile home park within the city of Sultan, the owner must appear before the planning committee and present plans for the mobile home park. When the city council approves the plans, the owner must obtain from the city clerk/treasurer a permit for its construction and must annually renew such permit.

B. Any such permit may be withheld if the provisions of this chapter have not been satisfactorily complied with; provided, that the cost of such permit and/or annual renewal shall be $100.00. (Ord. 464, 1985)

15.13.050 Mobile home park requirements.

A. Every mobile home space within the mobile home park which is used for the placement of mobile homes must include adequate sewage disposal facilities and adequate water supply for all mobile homes.

B. Must have at least a four-foot chain link or better fence on all sides not facing a street.

C. Must have five percent of the park set aside for play area if park accommodates families with children.

D. Must have a covered storage building at least 96 square feet for each mobile home in park. Building may be permanently affixed or movable and may be provided by the park or mobile home owner.

E. Must have a central location with a trash collection container.

F. Every mobile home park within the city of Sultan must be well-drained and adequately lighted at night.

G. Each mobile home space shall contain a minimum of 3,500 square feet, shall be at least 32 feet wide, and shall have its boundaries clearly defined. The space shall abut on a paved driveway not less than 20 feet in width which shall have unobstructed access to a public street or highway. Mobile homes shall be parked on each space so that there will be at least 12 feet of clearance between mobile homes, six feet between mobile homes and any adjoining property lines, 12 feet between mobile homes and any public street or highway and 12 feet between mobile homes and any building or structure.

H. No greater number of mobile homes shall be allowed than the number of mobile home spaces available therefor. There shall be a parking pad of concrete 12 feet wide by 20 feet long, along one side for automobile parking purposes. (Ord. 464, 1985)

15.13.060 Required surfacing for roads and driveways.

All city roads to mobile home parks and roads within mobile home parks must have asphalt surface, minimum width 20 feet. (Ord. 464, 1985)

15.13.070 Violation – Penalty.

Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine of not more than $100.00 and each day’s failure of compliance with any such provision shall constitute a separate violation. (Ord. 464, 1985)

Chapter 15.14
TEMPORARY MOBILE HOMES

Sections:

15.14.010 Mobile home – Temporary use permit.

15.14.020 Mobile home – Defined.

15.14.030 Requirements for placement.

15.14.040 Permit – Time restriction.

15.14.050 Permit – Deposit agreement.

15.14.060 Permit – Fees.

15.14.070 Permit – Violation.

15.14.010 Mobile home – Temporary use permit.

Applicants who are in the process of building a permanent dwelling unit may apply for a temporary permit to locate a mobile home on the building lot during construction of the dwelling.

Such permit shall not be issued until after a building permit for the constructed building has been obtained. (Ord. 617, 1994)

15.14.020 Mobile home – Defined.

“Mobile homes” as used throughout this chapter means a mobile home as defined in RCW 46.04.302. (Ord. 617, 1994)

15.14.030 Requirements for placement.

In addition to compliance with all other applicable codes and standards, the following requirements must be met to obtain a temporary use permit:

A. Mobile homes shall only be permitted on parcels with a minimum lot size of 10,000 square feet.

B. Mobile homes used for temporary uses must be connected to an approved on-site sewage disposal system and water supply.

C. No temporary mobile home with a manufacture date older than five years from the date of proposed placement shall be allowed until and unless the applicant obtains written permission from the building official. (Ord. 617, 1994)

15.14.040 Permit – Time restriction.

A temporary use permit may be issued by the building department for a period not to exceed one year. The department may renew the permit for an additional six-month period, provided good cause is shown. No further renewals may be granted. The applicant must remove the mobile home and all appurtenances thereto upon expiration of the temporary use permit or renewed permit if applicable, within 30 days of the final approval of the building permit. (Ord. 617, 1994)

15.14.050 Permit – Deposit agreement.

As a condition to the issuance of a temporary permit under the provisions of this chapter, the owner shall deposit in trust with the city, in cash or its equivalent, the amount of $500.00, and shall enter into an agreement which provides, at a minimum, the following:

A. The applicant agrees to pay to the city all fees, cost, and/or expenses, legal or otherwise, which the city may incur in causing the removal of the mobile home, and all its appurtenances left in place beyond the time period approved by the city or used or installed in violation of the ordinances of the city. Applicant further agrees to pay for all costs incurred for enforcement of this chapter as provided in Chapter 15.23 SMC and SMC Title 16, Division VI, Administration.

B. The applicant agrees that all fees, costs, and/or expenses incurred by the city shall be deducted from the $500.00 deposit.

C. The applicant further agrees to pay the city such fees, costs, and/or expenses incurred by the city which are in excess of the $500.00 deposit.

D. The city agrees to refund the $500.00 deposit following certification from the building official that the temporary mobile home and all appurtenances have been removed, provided that the city does not incur any fees, costs, and/or expenses.

E. The city agrees to refund any amount remaining from the $500.00 deposit after fees, costs and/or expenses incurred by the city are deducted.

F. The city agrees to provide to the applicant a complete and accurate accounting of all such fees, costs, and/or expenses, if any, incurred by the city. (Ord. 617, 1994)

15.14.060 Permit – Fees.

A temporary use permit will be issued by the building department. The fee will be $125.00 and is in addition to all other required permits. (Ord. 617, 1994)

15.14.070 Permit – Violation.

If any of the terms or conditions of the permit are violated, the permit shall become void. (Ord. 617, 1994)

Chapter 15.16
TRAILER COACHES

Sections:

15.16.010 Definitions.

15.16.020 Placement within trailer court required.

15.16.030 Utility superintendent duties and powers.

15.16.040 Trailer court requirements.

15.16.050 Trailer court permit requirements.

15.16.060 Placement requirement for independent trailer coaches.

15.16.070 Placement requirement for dependent trailer coaches.

15.16.080 Required surfacing for roads and driveways.

15.16.090 Violation – Penalty.

15.16.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

A. “Dependent trailer coach” means a trailer coach which does not have a toilet and a bathtub or shower.

B. “Independent trailer coach” means a trailer coach that has a toilet and a bathtub or shower.

C. “Permit” means a written permit issued by the city clerk/treasurer permitting the trailer court or land owner to operate under this chapter and regulations promulgated thereunder.

D. “Trailer coach” means any vehicle used, or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.

E. “Trailer coach space” means a plot of ground within a trailer court designed for the accommodation of one trailer coach or a plot of ground whereon a trailer coach may be placed within the city of Sultan when not located within a trailer court.

F. “Trailer court” means any plot of ground upon which three or more trailer coaches, occupied for dwelling or sleeping purposes are located. (Ord. 256 § 1, 1962)

15.16.020 Placement within trailer court required.

A. “Trailer coach” as used in this section includes all such vehicles as defined in SMC 15.16.010(D), and dwelling units transportable and licensable on the public highways, commonly known as mobile homes.

B. No trailer coaches shall hereafter be placed in the city of Sultan for use as a dwelling on a temporary or permanent basis unless placed within a trailer court established pursuant to this chapter. (Ord. 293 §§ 1, 2, 1962; Ord. 256 § 2, 1962)

15.16.030 Utility superintendent duties and powers.

A. The utility superintendent is authorized and directed to make inspections to determine the condition of trailer courts located within the city of Sultan, in order that he may perform his duty of safeguarding the health and safety of occupants of trailer courts and of the general public.

B. The utility superintendent shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter. (Ord. 256 § 8, 1962)

15.16.040 Trailer court requirements.

A. Every trailer court within the city of Sultan must be well-drained, not adjacent to swamps or marshes and adequately lighted at night.

B. Each trailer coach space shall contain a minimum of 1,000 square feet, shall be at least 32 feet wide, and shall have its boundaries clearly defined. The space shall abut on a driveway not less than 20 feet in width which shall have unobstructed access to a public street or highway. Trailer coaches shall be parked on each space so that there will be at least 12 feet of clearance between coaches, six feet between coaches and any adjoining property lines, 12 feet between coaches and any public street or highway, and 12 feet between coaches and any building or structure.

C. No greater number of coaches shall be allowed than the number of trailer coach spaces available therefor; provided, that each trailer coach space shall include a strip of ground 10 feet wide along one side for automobile parking purposes. (Ord. 256 § 5, 1962)

15.16.050 Trailer court permit requirements.

A. To establish a trailer court within the city of Sultan the owner must obtain from the city clerk/treasurer a permit for its construction and must annually renew such permit.

B. Any such permit may be withheld if the provisions of this chapter have not been satisfactorily complied with; provided, that the cost of such permit or annual renewal shall be $10.00. (Ord. 256 § 7, 1962)

15.16.060 Placement requirement for independent trailer coaches.

Every trailer coach space within the trailer court which is used for the placement of independent trailer coaches must include adequate sewage disposal facilities for such independent trailer coaches. (Ord. 256 § 10, 1962)

15.16.070 Placement requirement for dependent trailer coaches.

Dependent trailer coaches shall be placed only in trailer courts which include adequate restroom facilities for both men and women; provided further, that dependent trailer coaches may be placed by their owners in the city park on a strictly temporary basis. (Ord. 256 § 6, 1962)

15.16.080 Required surfacing for roads and driveways.

All trailer court roads and driveways must be surfaced at least with rock and gravel. (Ord. 256 § 11, 1962)

15.16.090 Violation – Penalty.

Any person who violates any provision of this chapter shall upon conviction be punished by a fine of not more than $100.00, or by imprisonment for not more than 30 days; and each day’s failure of compliance with any such provision shall constitute a separate violation. (Ord. 256 § 9, 1962)

Chapter 15.22
ENERGY CODES

Sections:

15.22.010 Adoption of code.

15.22.015 Fees.

15.22.020 Conflict.

15.22.010 Adoption of code.

This chapter adopts the 1991 Washington State Energy Code, as written by the Washington State Building Code Council and filed as Chapter 51-11 WAC, and the 1991 Ventilation and Indoor Air Quality Code, filed as Chapter 51-13 WAC. (Ord. 567, 1991)

15.22.015 Fees.

A. Technical Assistance. A fee of $25.00 will be applied on the following residential structures permitted on or before December 31, 1993:

1. Single-family;

2. Gas heated, which use electric heat pumps for cooling only;

3. Additions over 500 square feet;

4. Homes inspected by the Department of Labor and Industries (modular homes);

5. Multifamily.

B. Plan Review/Enforcement. Fees will be applied on residential structures permitted on or before June 30, 1995, as follows:

1. Single-family: $125.00;

2. Multifamily and duplexes: $125.00 for the building and first unit, plus $25.00 for each additional unit;

3. Additions of 500 square feet or more: $85.00.

The above residential structures are exempt if heated by electricity or gas with an electric heat pump. (Ord. 594, 1993; Ord. 573, 1991)

15.22.020 Conflict.

Whenever any conflict occurs between any section of this chapter and the codes referred to in this chapter, the codes shall prevail. (Ord. 567, 1991)

Chapter 15.23
ENFORCEMENT

Sections:

15.23.010 Building official authority.

15.23.020 SMC Title 16 applicable.

15.23.030 Order to cease violation.

15.23.040 Notice of violation – Penalty – Abatement.

15.23.050 Public nuisance.

15.23.060 Administrative jurisdiction – Nonexclusive.

15.23.010 Building official authority.

Whenever the building official or duly authorized representative determines that a condition exists in violation of this title, or any code or standard required to be adhered to by this title, they are authorized to enforce the provisions of this title, codes or standards pertaining to such condition existing in violation thereof. (Ord. 607, 1994)

15.23.020 SMC Title 16 applicable.

All violations of this title, and codes and standards required thereby, are made subject to the provisions of SMC Title 16, Division VI, Administration. (Ord. 607, 1994)

15.23.030 Order to cease violation.

Whenever any condition is found to be in violation of this title, or codes or standards required to be adhered to thereunder, and pending commencement and completion of the notice and order procedure of SMC 15.23.040, the building official may order the cessation of activity causing the violative condition by notice in writing served on the person(s) engaged in or causing such condition. The effect of such order shall be to require immediate cessation of activity causing the violative condition. Said order shall not be affected by any right of appeal afforded by this or any other title of this code. (Ord. 607, 1994)

15.23.040 Notice of violation – Penalty – Abatement.

The building official is authorized to order correction and discontinuance of any violative condition of the provisions of this title under the procedures of Chapter 16.136 SMC, as now or hereafter amended, which provide for notice of violation and assessment of penalty and order to abate. (Ord. 607, 1994)

15.23.050 Public nuisance.

All violations of this title, and codes and standards required thereby, are determined to be detrimental to the public health, safety, and welfare and are public nuisances. All conditions which are determined by the building official to be in violation of this title, or codes and standards required thereby, shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means, as provided in this title. (Ord. 607, 1994)

15.23.060 Administrative jurisdiction – Nonexclusive.

The authority of the building official to enforce the provisions of this title is not in derogation of the authority of any other officer charged with the enforcement of law but is concurrent therewith. The authority of the director to enforce the provisions of this title includes without limitation the requirement that he request the assistance of the prosecuting attorney for judicial enforcement as may be deemed appropriate by the prosecuting attorney. (Ord. 607, 1994)

Chapter 15.25
SUBSTANDARD AND DANGEROUS CONDITIONS/RESIDENTIAL TENANCIES

Sections:

15.25.010 Building official authority.

15.25.020 Fees.

15.25.030 Certification.

15.25.040 Appeal.

15.25.050 Immunity from liability.

15.25.010 Building official authority.

The building official is hereby directed and authorized to conduct inspections and provide certifications as required by RCW 59.18.115. Where in the discretion of the building official it would be in the best interest of the city that the building official not conduct the inspection and provide the certification, the building official may designate another public building official, or a disinterested private inspection person or company to conduct the inspection and provide the certification. All inspections and certifications shall be conducted and performed in accordance with the procedures and deadlines established in RCW 59.18.115, except as modified by this chapter. (Ord. 798-02 § 1)

15.25.020 Fees.

Prior to conducting an inspection and certification, the building official shall require the tenant to pay a fee as established by resolution of the city council. In the event that the building official determines that the inspection should be conducted by another building official, or a disinterested private inspection person or company, the tenant shall be required to pay to the city a fee equal to the cost charged to the city for the inspection by the other building official or the disinterested private inspection person or company. (Ord. 798-02 § 1)

15.25.030 Certification.

Within the time limits specified by RCW 59.18.115, the building official or the designated inspector shall certify in writing to the tenant whether the conditions specified by the tenant do exist and if they exist whether the conditions make the premises substantially unfit for human habitation or can be a substantial risk to the health and safety of the tenant as defined in RCW 59.18.115 (2)(a). (Ord. 798-02 § 1)

15.25.040 Appeal.

Any appeal of the building official’s certification, or lack of certification, shall be to the hearing examiner and shall be brought within the time and manner of SMC 16.120.100, except that no notice shall be given to adjoining property owners and no notice shall be published in the newspaper. The decision of the hearing examiner shall be final and conclusive and not subject to any further appeal. All costs of an appeal shall be the responsibility of tenant as specified in any resolution of the city council concerning fees. (Ord. 798-02 § 1)

15.25.050 Immunity from liability.

In accordance with RCW 59.18.115(2)(b), the purpose of the inspection and certification provided for in this chapter is to assist a tenant in a private remedy and is not related in any way to the performance of any other governmental function such as enforcement of any code, ordinance, or state law. The city reserves to itself all immunity provided by RCW 59.18.115 and under the public duty doctrine. (Ord. 798-02 § 1)