Full Text
15.04 - 1 CHAPTER 15.04 GENERAL PROVISIONS SECTION: 15.04.010: Short Title 15.04.020: Purpose 15.04.030: Definitions 15.04.040: Building Official 15.04.050: Board of Appeals 15.04.060: Appeals 15.04.070: Violations 15.04.080: Vesting 15.04.010: Short Title: This Title shall be known and may be cited as the HOUSING, BUILDING AND STRUCTURES ORDINANCE. (Ord. 1395 Chapter I Sec. 1, 1968) 15.04.020: Purpose: It is the purpose of this Title to require uniform development and construction and/or alteration of all structures and buildings; provide minimum requirements for the protection of life, limb, health, property, safety, morals and welfare of the general public and the owners and occupants of buildings and structures within the City. It shall not alter or affect these improvements presently in existence that continue to remain above the standards hereinafter described except as otherwise provided for herein. In the event, however, any of such presently constructed improvements are to be altered, modified, improved, or changed then such alteration, modification, improvement or change shall be done in accordance with the hereinafter described provisions. However, nothing contained herein shall prevent the owner of any premises to do his own work on said premises in accordance with these codes. (Ord. 1395 Chapter II Sec. 1, 1968) 15.04.030: Definitions: Except where specifically defined herein, all words used in this Title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "shall" is mandatory and, when applied to the actions of public officers, directory; the word "may" denotes a use of discretion. (Ord. 2764 Sec 1, 1983: Ord. 1395 Chapter III Sec. 1, 1968) 15.04.040: Building Official: The City Manager, or his appointee is designated as the official responsible for the purpose of enforcing the requirements of this Code; to determine which dwellings and structures within the City are unfit for human habitation or other uses; to administer oaths and affirmation, examine witnesses and receive evidence; to investigate dwellings and other use conditions, and to enter upon the premises for the purpose of making said determination; provided, however, that all rodent, vermin, and contagious disease control shall be under the Department of Health, and all fire prevention and fire inspection shall be under the control of the Fire Department of the City. (Ord. 2764 Sec. 2, 1983: Ord. 1395 Chapter IV Sec. 1, 1968) 15.04.050: Board of Appeals: In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this ---PAGE BREAK--- 15.04 - 2 Title, there shall be and is hereby created a Board of Appeals, to be known as the Mid-Columbia Building Appeals Commission, consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction. The Board of Appeals shall be jointly appointed by the Mayors of Pasco, Kennewick, Richland, West Richland and Benton City and the chairmen of the Boards of County Commissioners of Benton and Franklin Counties. The membership shall consist of a representative of Franklin County, a representative of Benton County, a civil engineer, an architect, a general contractor, a specialty contractor and a fire specialist. The term of membership on the Board shall be for a period of five years. The Building Officials for each appointing agency shall be ex-officio members of the Board and shall serve as secretary of the Board on a rotating basis. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall tender all decisions and findings in writing to all the Building Officials and Fire Chiefs with a duplicate copy to the appellant and may recommend to the City Councils and Boards of County Commissioners such new legislation as is consistent therewith. (Ord. 3366 Sec. 1, 1992: Ord. 2557 Sec. 1, 1981: Ord. 2490 Sec. 1 (part), 1980: Ord. 2083 Sec. 1 (part) 1977) 15.04.060: Appeals: Except as provided in Section 15.04.050, appeals from decisions of the Building Official, Fire Marshall, Fire Chief or other official enforcing any provisions of this Title shall be in accord with Chapter 4.04 of the Kennewick Municipal Code. (Ord. 3062 Sec. 1 (part), 1987: Ord. 2490 Sec. 1 (part), 1980: Ord. 2083 Sec. 1 (part), 1977) 15.04.070: Violations: It is unlawful for any person, firm or corporation to violate any provision of this Title or to fail to comply with any provision thereof. Any person, firm or corporation found guilty of violating or failing to comply with any provision of this Title shall be guilty of a misdemeanor and punished accordingly unless another violation is specified. (Ord. 2858 Sec. 6, 1984: Ord. 2490 Sec. 1 (part), 1980) 15.04.080: Vesting: A building permit is in effect under this Title and Title 18 when a completed application has been submitted. The criteria for a completed application are in section 105.3 of the International Building Code and R105.3 of the International Residential Code. The limitations imposed by this section do not limit or affect conditions imposed under chapter 43.21C RCW, and KMC 4.08. (Ord. 5047 Sec. 1, 2004: Ord. 3664 Sec. 1, 1995: Ord. 3116 Sec. 1, 1987)