CHAPTER 4. BUILDINGS AND CONSTRUCTIONCHAPTER 4. BUILDINGS AND CONSTRUCTION\Article 1. Building Code

Article 1. Building Code

There is hereby incorporated by reference by the City of Marysville, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures that a certain building code, known as the International Building Code, recommended by the International Code Council, particularly the 2006 Edition thereof and the whole thereof, and all supplements thereto, save and except such provisions as are hereinafter deleted, modified, or amended. No fewer than three copies shall be kept on file in the office of the city clerk for the inspection and use of the public at all reasonable business hours. The file copies shall be marked “Official Copy as Incorporated by the Code of the City of Marysville”. All sections or portions of the filed copies of the International Building Code shall be clearly marked to show deletions, modifications or amendments thereto.

(a)   Any references to permits and fees contained in the International Building Code are hereby deleted in their entirety. Permits and fees will be in accordance with the Uniform Land Development Code, as adopted by Ordinance No. 1590.

(a)   A builder or building contractor for purposes of this article shall be any person, firm, co-partnership, corporation, association, or any combination thereof, whether a resident or not of the city:

(1)   Who or which undertakes with or for another, for a fixed sum, price, fee or any compensation other than wages, to build, construct, alter, repair or add to, any building or structure (or any portion thereof) in the city for which a building or construction permit may now or hereafter be required by the laws of the city; or

(2)   Who or which advertises or represents himself/herself/itself to the public to have the capacity or ability to undertake, or submit a bid or offer to build, construct, alter, repair, add to, restore or replace any building, structure or construction work or any portion thereof; or

(3)   Who or which builds, constructs, alters, or adds to any buildings or structures either on his or her own or other property for purposes of sale or speculation.

(b)   A builder or building contractor as defined shall not mean or include:

(1)   Any subcontractor working under the supervision of a general contractor; or

(2)   Any plumbers, gas fitters, electricians, or other specialized occupation for which special licenses or bonds are required by other city laws; or

(3)   Any painter, paper hanger, or individual performing similar finish work; or

(4)   Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving the structural parts of the building for which a permit is not required or on which a contractor, as defined, is not required, employed or engaged to perform; or

(5)   Any property owner personally performing any improvements, alterations or building construction within or upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building official as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal building construction by an owner under this section shall be by himself, herself, for his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a building or building contractor licensed by the city.  

(Ord. 1357, Sec. 1)

(a)   Each builder or building contractor shall, before entering upon any building or construction work subject to regulation by city laws, apply to the city clerk for a builder’s or building contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a builder or building contractor in the city.

(b)   No permit for any building or construction work shall be issued for any such work to be performed by a builder or building contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.

(c)   It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of builder or building contractor herein, or to perform any work as a builder or building contractor or any work under a contract for any work involving the construction, wrecking or moving of any building, without first having obtained a builder’s or building contractor’s license issued by the city.  

(Ord. 1357, Sec. 1)

(a)   Application for a builder’s or building contractor’s license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in (as general contracting, roofing, siding, masonry, plastering, lathing, excavating, waterproofing, metal work, foundation work, cement work and the like), the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the builder or building contractor or his or her authorized agent. Such license shall be issued by the city clerk, upon payment of the fees hereinafter provided.  

(Ord. 1357, Sec. 1)

(a)   Every builder or building contractor shall pay to the city an annual license fee of $75.00. Such license will be issued on a calendar year basis, expiring December 31st of each year.

(b)   The licensee shall display such person’s license at any place where such person may be engaged in contract work or produce the same on demand of any city officer. All licenses shall be renewable annually, as in the case of an original license, on or before the first day of January of the year for which issued.

(c)   It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license.  

(Ord. 1682)

Prior to a builder’s or building contractor’s license being issued, every builder or building contractor must provide proof of liability insurance in the minimum amount of $300,000 by filing with the city clerk a certificate for same.  

(Ord. 1357, Sec. 1; City Code)

(a)   The license of any builder or building contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time by the chief building inspector upon his or her own motion or upon receipt of a citizen’s complaint. Notice shall be given in writing to such builder or building contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such builder or building contractor involving any one or more of the following:

(1)   Misrepresentation of a material fact by applicant in obtaining a license;

(2)   Use of license to obtain a building permit for another;

(3)   Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of the public;

(4)   Performance of any building or construction work without a permit where one is required by law; or

(5)   Willful disregard of any violation of the building and construction laws, or failure to comply with any lawful order of the city building inspector.

(b)   Any licensee may, within 15 days, appeal in writing to the governing body from any order of the chief building inspector suspending his or her license for its final decision thereon. The governing body may, upon such hearing, terminate such suspension within not more than 30 days thereafter; or may revoke such license. If any license shall be revoked, the builder or building contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in the event of the suspension or revocation of any contractor’s license.

(c)   It shall be unlawful to engage in the occupation or trade of builder or building contractor during the time any license of such builder or building contractor has been suspended or revoked.

Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.  

(Ord. 1357, Sec. 1)

This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.  

(Ord. 1357, Sec. 1)

Any person performing building or construction work in the city without a license shall be guilty of a violation of this code, punishable by a fine not to exceed $499.00, with each day constituting a separate offense.

(Ord. 1357, Sec. 1)