Building Code

LINCOLN COUNTY CODE

“TITLE 15 - BUILDING”

CHAPTERS:

15.01 PURPOSE AND COMPOSITION

15.02 ORGANIZATION AND ENFORCEMENT

15.03 INTERNATIONAL BUILDING CODE

15.04 INTERNATIONAL MECHANICAL CODE

15.05 INTERNATIONAL RESIDENTIAL CODE

15.06 UNIFORM PLUMBING CODE

15.07 INTERNATIONAL FIRE CODE

15.08 WASHINGTON STATE ENERGY CODE

15.09 RELOCATED AND TEMPORARY STRUCTURES

15.10 UNSAFE BUILDING

15.11 SWIMMING POOLS

15.12 MANUFACTURED HOMES

15.13 WASHINGTON STATE VENTILATION AND INDOOR AIR QUALITY CODE

Lincoln County Land Services

27234 State Route 25 N

Davenport, WA 99122

509-725-7911

AMENDMENTS ADOPTED January 20, 2009

LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS

The regulations contained within this code shall collectively be known as the Lincoln County Building Code, which supersedes the Lincoln County Building Code adopted on December 5, 2005.

The purpose of this code shall be the same as set forth in Washington State and Lincoln County codes and regulations adopted by this code to safeguard the public health and ensure safety.

Except as modified and/or amended by this code or the Washington State Building Code Council, the current, or as amended, International Building Codes are adopted as regulations of Lincoln County governing buildings and structures and shall have the same force and effect as if fully set forth herein;

A. The 2006 Edition of the International Building Code (IBC) as published by the International Code Council and the Washington State Building Code Council amendments.

B. The 2006 Edition of the International Residential Code (IRC) and as published by the International Code Council and the Washington State Building Code Council amendments.

C. The 2006 Edition of the International Mechanical Code (IMC) as published by the International Code Council and the Washington State Building Code Council amendments.

D. The 2006 Edition of the International Fire Code (IFC) as published by the International Code Council and the Washington State Building Code Council amendments.

E. The 2006 Edition of the Uniform Plumbing Code (UPC) as published by the International Association of Plumbing and Mechanical Officials and the Washington State Code Council amendments.

F. Standards for making buildings and facilities accessible to and useable by the physically handicapped or elderly persons as provided for in the Chapters 19.27 & 34.05 RCW, as set forth in WAC 51-20-005 the publication entitled “Regulations for Barrier Free Facilities” as published by the State Building Code Council amendments.

G. The Washington State Energy Code 2004 Sixth Edition, WAC 51-11, or as amended.

I. The 2006 Edition of the International Property Maintenance Code, or as amended.

J. Chapter 296-150B-200 through 255, inclusive of the Washington Administrative Code, or as amended.

K. The Washington State Ventilation and Indoor Air Quality Code 2006 Edition, WAC 51-13, or as amended.

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.

Pursuant to the 2006 edition of the International Building Code (IBC), Lincoln County is hereby established as a code enforcement agency. This code shall be administered by Lincoln County Land Services or as determined by the Board of County Commissioners (BOCC). Recognizing the authority and responsibility vested in the County pursuant to the IBC, the County is hereby authorized to promulgate such rules, policies and/or procedures that are deemed necessary to carry out the intent of this code and to provide for the efficient operation of the permit process as administered by Lincoln County Land Services-Building Division.

The Board of Appeals/Adjustment shall be the same for the International Building Code, Uniform Plumbing Code, International Mechanical Code and the International Fire Code. The Board shall be established pursuant to state requirements.

The violation of any of the provision of this code is designated as a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, Civil Infractions. Each violation shall be a separate and distinct and in the case of continuing violation, each day’s continuance shall be a separate and distinct violation.

Pursuant to Section 105 of the 2006 International Building Code, or as amended, it shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, use or occupy any building or structure regulated by this code, except for those outbuildings meeting the 200 square feet exception criteria, or as specified in subsection 105.2 of the International Building Code without first obtaining a separate permit for each building or structure from the building division of Lincoln County Land Services.

A. Every building or structure or portion thereof remaining after fire, prior or partial demolition, acts of nature, explosion or other destructive or non-destructive forces, which no longer qualifies as a building or structure and is found to be in non-compliance with the site cleanup requirement as herein defined, shall be brought into compliance with these requirements within sixty (60) days of written notice (certified mail). Those responsible for such buildings or structures shall obtain permits necessary for reconstruction within sixty (60) days of notice.

B. All buildings under demolition or remnants of buildings as mentioned above shall have the site posted with no trespassing signs and otherwise protected from unauthorized access by the public.

C. Permits issued for demolishing structures and buildings shall be conditioned as follows;

1. Remove all floors, foundations, footings, basement and retaining walls to a minimum of eighteen (18) inches below grade, or as otherwise required.

2. Fill excavations and other cavities with noncombustible, inorganic material smaller than eight (8) inches and cover with dirt or gravel so that concrete is not left exposed.

3. Remove all sewage from existing cavities and fill with earth, sand, gravel or other approved material.

4. Fill wells with gravel and rocks no longer than eight (8) inches or install a concrete cap (lined wells only) of sufficient size and weight that it cannot easily be removed.

5. Grade site so that surface is smooth and properly sloped for requiring drainage. Grading shall conform to existing neighboring grades on all sides.

6. During demolition, water shall be used to control and reduce dust and its impact on neighboring properties.

8. When demolition has been completed, the department shall be contacted to inspect the site to ascertain compliance with this Chapter.

The frost depth shall be a minimum of twenty-four (24) inches below finished grade to the bottom of the footing (6" exposed and 24" below grade for a total of 30"). Where greater depth is indicated by a foundation investigation, or by conditions where ground will be uncovered or compacted, such greater depth shall be used.

EXCEPTIONS: Frost depth for detached Group U Occupancies with concrete footings and foundations shall not be less than twenty-four (24) inches. As to not undermine existing foundations, footings for additions to residences and attached garages may be placed at the same depth as the existing footings but in no case less than twenty-four (24) inches below finished grade.

The basic minimum snow load for Lincoln County is established as forty (40) pounds per square foot for new construction. On existing structures, (e.g. manufactured homes) and/or in specific cases, loads will be determined by the County building official and/or planning director. Engineering may be required.

Fees for mechanical permits shall be as specified in Appendix “A” of this code.

Fees for residential permits shall be as stated in Appendix “A” of this code.

published by the International Association of Plumbing and Mechanical Officials is hereby adopted by reference.

Fees for plumbing permits shall be as specified in Appendix “A” of this code.

A Board of Appeals/Adjustment shall be the same as Section 15.02.020 of this code.

A. The Lincoln County fire marshal shall be responsible for the administration and enforcement of this chapter. He/she shall enforce all regulations of the jurisdiction pertaining to:

2. The storage, use and handling of explosive, flammable, combustible, toxic, corrosive and other hazardous gaseous, solid and liquid materials.

3. The installation and maintenance of automatic, manual and other private fire alarm systems and private fire-extinguishing equipment.

5. The maintenance of private fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction.

6. The means and adequacy of each exit in the event of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters and all other places in which people work, live or congregate from time to time for any purpose.

7. The investigation of the cause, origin, and circumstances of fire(s) within the unincorporated areas of Lincoln County.

B. County Fire Marshal Defined. Where the words Fire Prevention Bureau, Fire Chief, or Chief appear in the International Fire Code, 2006 Edition, EXCEPT as provided for to the contrary herein, they shall mean fire marshal’s office, fire marshal and fire marshal respectively, provided that nothing herein shall be construed as designating the fire marshal the “chief” of any fire protection district.

The fees for permits issued pursuant to this Chapter shall be charged as specified in Appendix “A” of this code.

Chapter 212-17 WAC and Chapter 70-77 RCW are adopted by reference and shall apply as if entirely set forth herein.

A Board of Appeals/Adjustment shall be the same as Section 15.02.020 of this code.

A. This code shall be known as the “Washington State Energy Code.” The Washington State Energy Code (Chapter 51-11 WAC) or as amended

is adopted by the Washington State Building Code Council pursuant to Chapter 19.27A.020 RCW.

B. This code provides a minimum level of energy efficiency, but allows flexibility in building design, construction and heating equipment efficiencies. The design of this code allows space heating equipment efficiencies to offset or substitute for building envelope thermal performance.

The relocation of any building or structure within or into Lincoln County shall comply with the requirements of this code. The building official may grant modifications to these requirements for individual circumstance, pursuant to the requirements adopted by this code.

A. No person, firm, or corporation shall move into nor relocate within Lincoln County any building structure without first obtaining a permit.

B. Fees: The permit fee for relocated structures shall be charged as specified in Appendix “A” of this code.

A. No building or structure shall be moved into nor relocated within Lincoln County unless such building or structure and the foundation at the proposed location are in compliance, or will be brought into compliance, with current building codes, zoning requirements, or any pertinent requirements for new structures. (Modifications from the strict letter of the building code may be permitted, if approved by the building official.)

B. No building or structure which is so constructed or in such condition as to be dangerous or unsafe, or which is infested with pests or is unsanitary, or which is so dilapidated, defective or in such a condition of deterioration or despair that its relocation at the proposed site would be materially detrimental to the property in the district or area surrounding the proposed site, shall be moved into nor relocated within Lincoln County.

C. The building official and/or planning director may place conditions as deems necessary to protect the public health, safety or welfare on the building or structure to be located and may require compliance with such conditions prior to relocation or removal of the building or structure from its original site.

A. Prior to the issuance of any permit for the relocation of a building or structure, the building official shall cause an investigation to be made of all buildings or structures to be relocated and of the property upon which it is to be relocated in order to determine whether a permit shall be granted and what conditions shall be placed on the permit.

1. Such investigation of the building or structure to be relocated shall include in writing, a detailed listing of those items which are not in compliance, and which shall be brought into compliance prior to final approval of the building or structure at its new location, with all applicable codes and ordinances.

2. Such listing shall be permanently attached to the permit application as conditions of the permit.

A. All footings and foundations on the site to which the building or structure is to be relocated shall be inspected, approved and installed prior to removal of the building or structure from its original site.

B. All relocated structures shall be permanently affixed to the new foundation within forty-five (45) days of approval of the foundation. Prior to the release of the permit, the applicant may request, in writing, an extension of the forty-five (45) day time, subject to approval by the building official who may attach such conditions as he deems necessary to any such request. All relocated structures shall be brought into compliance with the findings and other requirements of this code within six (6) months of the date of the permit issuance unless otherwise approved by the building official.

C. Failure to comply with the requirements of subsection (b) above shall result in the relocated building or structure being classified as a temporary building, subject to the conditions placed on temporary buildings, and additional fees shall be charged as per the “each additional month” charge for temporary buildings, beginning with the 46^th day subsequent to approval of the foundation. Such fees shall be collected as per Appendix A of this code.

D. All relocated buildings or structures, whether permanently affixed to the new foundation or not, and all buildings or structures to be relocated, shall be maintained in a safe, secure condition.

E. When a building or structure is temporarily relocated to the regularly occupied place of business or storage yard of a house mover or such other location as may be approved by the building official, all provisions of this chapter shall apply EXCEPT that;

1. Application for fees and construction of any foundation work or any improvements is not required until such time as the building is ready to be relocated from the yard. The foundation permit must be released, and the foundation inspected, approved and installed prior to removal of the building from the yard.

2. If relocated structures are to be stored for a period exceeding thirty (30) days, they shall be in compliance with setback requirements as set forth within Title-17 the Lincoln County Zoning Code.

3. All structures shall be securely blocked to resist normal wind forces. In addition, any structure stored shall be secured in a safe manner. The building official may condition any approval subsequent to this section to accomplish its intent.

A. No person, firm, or corporation shall erect, construct, enlarge, alter, move, or maintain any temporary building or structure within the County without first obtaining a permit to do so from the building division of Lincoln County Land Services.

B. All permits issued for temporary buildings or structures shall stipulate the time frame during which the building or structure will be on the property, subject to approval by the building official, who may attach such conditions to the permit as he deems necessary to protect the public health, safety, and welfare. At the expiration of such time frame, the permit shall be considered null and void.

C. On or before the expiration date of the permit, any building or structure installed on the property under the permit shall either be:

2. Permanently installed on the property, provided such building or structure is in compliance with all other applicable laws and requirements.

D. Fees: The fees for temporary buildings and structures shall be as specified in Appendix A of this code.

Temporary buildings and structures shall comply with all provisions of this code and the Lincoln County Zoning Code .

For the purpose of this chapter, temporary buildings shall not include fireworks stands, tents or temporary buildings ancillary to a building site provided said buildings are in compliance with other applicable regulations and/or requirements.

The provisions contained pursuant to this chapter are hereby declared to be the policy of Lincoln County with regard to unsafe buildings.

A. The building official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged, and if such is found to be an unsafe. The building official shall give the owner of such building or structure written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises, within forth-eight (48) hours, to commence either the required repairs or improvement or demolition and removal of the building or structure or portions thereof and such work shall be completed within ninety (90) days from date of notice, unless otherwise stipulated by the building official. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the building official.

B. Proper service of such notice shall be by certified mail or by personal service upon the owner of record. If such notice is by certified mail, the designated period within which said owner or person in charge is required to comply with the order of the building official, shall begin as of the date of receipt of such notice.

The building official shall cause to be posted at each entrance to such building a notice to read: “DANGER - DO NOT ENTER issued by the building division of Lincoln County Land Services.” Such notice shall remain posted until the required repairs, demolition, or removal is completed. Such notice shall not be removed without written permission of the building official and no person shall enter the building except for the purpose of making the required repairs or of demolishing same.

A. It shall be required that all public and semi-public pools have the area in which the pool is located completely surrounded by a fence of substantial construction. Such fence shall be not less than six (6) feet in height and shall be provided with a gate or gates having latching hardware which can be locked or otherwise securely fastened shut when the pool is not in use by persons authorized to use such a pool. All private swimming pools shall have a fence of substantial construction not less than four (4) feet in height completely surrounding the pool or the yard area in which the pool is located and such fenced area shall be provided with a gate or gates having a latch operable only from the pool side of the fence located a minimum of forth-two (42) inches above the adjacent grade. Covers which may be used to enclose or cover the pool shall not be considered to qualify as a substitute for the required fence as a means of providing minimum safeguards of the pool area.

B. For the purposes of this section a fence of substantial construction shall mean a fence, wall or other obstruction or barrier so constructed as not to have openings, holes or gaps larger than two (2) inches in any dimension, except for fences consisting solely of vertical pickets which may be spaced not more than four (4) inches apart. All such fences shall be installed, inspected, and approved prior to filling the pool water.

C. The fee for swimming pool permits issued pursuant to this code shall be as specified in Appendix “A”.

The permit fee for a swimming pool is intended to offset the costs of permit processing and inspections to verify fencing and setback requirements only.

A. No manufactured home shall be placed or occupied in the unincorporated areas of Lincoln County unless found in compliance with this chapter.

B. A recreational vehicle shall not be occupied continuously for more than thirty (30) days unless a permanent residence is under construction and in compliance with this code, health department and Title 16 and 17 requirements.

C. If the above RV is a homemade or home conversion, it shall be inspected and show an approval from the Washington State Department of Labor and Industries.

All manufactured homes shall be installed in accordance with the provisions of WAC 296-150B-200 through 255. Tie downs shall be installed on all mobile homes.

A. Installation Permits. The owner or the installer of any manufactured home or commercial coach must obtain an installation permit from the department prior to installation.

B. Fees: Fees for manufactured homes shall be as specified in the Appendix “A” of this code.

Structural alterations to manufactured homes shall be approved by the factory assembled structures section of the State of Washington Department of Labor and Industries. The official State insignia shall be attached after inspection and approval.

A. General Construction: Every manufactured home accessory building or structure shall be designed and constructed in accordance with the applicable provisions of the Uniform Building Code and this code.

B. General Plumbing Systems: Plumbing equipment, materials and installations in manufactured home additions shall comply with the applicable provisions of the Uniform Plumbing Code.

1. Design and Construction - Each unit shall have permanent steps to all exits. The design and construction of all structural elements of a porch and stairs leading thereto, as required by the International Residential Code (IRC).

2. Railings and handrails shall be installed as required by the International Residential Code.

This code shall be known as the “Washington State Ventilation and Indoor Air Quality Code (VIAQ)” and is adopted by the Washington State Building Code Council, pursuant to Chapter 19.27.190 RCW. This code provides a minimum level of air quality within the structure, but allows flexibility in equipment design, construction, and heating equipment efficiencies. The design of this code allows space heating equipment efficiencies to offset or substitute for building envelope thermal performance.