Chapter 15.30 CONSTRUCTION ADMINISTRATIVE CODE*

The regulations contained in this chapter shall be known as the construction administrative code of the City, and are hereinafter referred to as “this code.” [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.015 Purpose.

The purpose of this chapter is to provide for the administration, organization and enforcement of the technical codes adopted by the City. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.020 Scope.

The provisions of this code shall apply to the administration of the technical codes as adopted by the State of Washington and listed:

A. 2018 International Building Code – Chapter 51-50 WAC;

B. 2018 International Residential Code – Chapter 51-51 WAC;

C. 2018 International Mechanical Code – Chapter 51-52 WAC;

D. 2018 National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC;

E. 2017 Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC;

F. 2018 International Fuel Gas Code – Chapter 51-52 WAC;

G. 2018 Uniform Plumbing Code – Chapters 51-56 and 51-57 WAC;

H. 2018 International Existing Building Code – Chapter 51-50 WAC;

I. 2018 Washington State Energy Code, Chapters 51-11C and 51-11R WAC;

J. 2018 International Swimming Pool and Spa Code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.025 Definitions.

For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.

Webster’s Third International Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

A. “Action” means a specific response complying fully with a specific request by the City.

B. “Building service equipment” means and refers to the plumbing, mechanical and electrical equipment including piping, wiring, fixtures, and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use.

C. “Complete response” means an adequate response to all requests from City staff in sufficient detail to allow the application to be processed.

D. “Energy code” means the Washington State Energy Code promulgated by the Washington State Building Code Council as adopted by the City.

E. “IBC” means the latest edition of the International Building Code promulgated by the International Code Council as adopted by this City.

F. “IEBC” means the latest edition of the International Existing Building Code promulgated by the International Code Council as adopted by this City.

G. “IMC” means the latest edition of the International Mechanical Code promulgated by the International Code Council as adopted by this City.

H. “IRC” means the latest edition of the International Residential Code for One- and Two-Family Dwellings promulgated by the International Code Council as adopted by this City.

I. “ISPSC” means the latest edition of the International Swimming Pool and Spa Code promulgated by the International Code Council as adopted by this City.

J. “KPMC” means Kenmore Property Maintenance Code.

K. “Minor field change” means a change to an approved plan that does not change the building use, area, height, or location on a lot and does not affect the means of egress, accessibility, or structural design and does not add plumbing or mechanical fixtures or appliances.

L. “NEC” means the latest edition of the National Electrical Code promulgated by the National Fire Protection Association as adopted by this City.

M. “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.

N. “Shall,” as used in this chapter, is mandatory.

O. “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.

P. “Temporary worker housing” means a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person, including a temporary worker housing operator who is providing such accommodations for employees, for temporary, seasonal occupancy, and includes “labor camps” under RCW 70.54.110.

Q. “UPC” means the latest edition of the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials as adopted by this City.

R. “Valuation” or “value,” as applied to a building or building service equipment, means and shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. It shall also include the contractor’s overhead and profit. [Ord. 23-0577 § 5 (Exh. A); Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.030 Appendices.

Provisions in the appendices shall not apply unless specifically adopted. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.035 Intent.

The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.040 Referenced codes.

The codes listed in KMC 15.30.020 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.045 International Building Code – Scope.

The provisions of the International Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with the International Building Code or the International Residential Code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.050 International Residential Code – Scope.

The provisions of the International Residential Code for One- and Two-Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures not more than three stories above grade plane in height.

Exceptions:

A. Live/work units located in townhomes and complying with the requirements of Section 419 of the International Building Code shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-Family Dwellings. Fire suppression required by Section 419.5 of the International Building Code when constructed under the International Residential Code for One- and Two-Family Dwellings shall conform to Appendix U.

B. Owner-occupied lodging houses with one or two guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two- Family Dwellings.

C. Owner-occupied lodging homes with three to five guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two- Family Dwellings when equipped with a fire sprinkler system in accordance with Appendix U. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.055 Mechanical code – Scope.

The provisions of the International Mechanical Code shall apply to the design, installation, maintenance, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes with buildings. The International Mechanical Code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code. References to Group R shall include Group I-1, Condition 2 assisted living facilities licensed by Washington State under Chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington State under Chapter 246-337 WAC.

Exceptions:

A. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the International Residential Code.

B. The standards for liquefied petroleum gas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code). [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.060 Liquid propane gas.

The provisions of the National Fuel Gas Code and Liquefied Petroleum Gas Code (NFPA 54 and 58) shall apply to the installation of all materials and equipment utilizing liquid propane gas. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.065 Natural gas code – Scope.

The provisions of the International Fuel Gas Code shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems and regulated accessories.

Exceptions:

15.30.070 Plumbing code – Scope.

The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, where connected to a water or sewage system and all aspects of a medical gas system. Fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code and liquefied petroleum gas installations shall be regulated by NFPA 58 and NFPA 54. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.075 Energy code.

The provisions of the energy code shall apply to all matters governing the design and construction of buildings for energy efficiency. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.077 Swimming pool and spa code – Scope.

The provisions of the International Swimming Pool and Spa Code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools and spas covered by this code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading. In addition, all other “water recreation facilities” as defined in RCW 70.90.110 are regulated under Chapters 246-260 and 246-262 WAC.

Exception: Flotation tank systems intended for sensory deprivation therapy shall not be considered to be included in the scope of this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D).]

Article II. Applicability

15.30.080 General.

A. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in Chapter 19.27 RCW shall govern.

B. New Installations. This chapter applies to new installs.

C. Existing Installations. Lawfully installed existing installations that do not comply with the provisions of this chapter shall be permitted to be continued without change, except as is specifically covered in this chapter, the International Fire Code or as is deemed necessary by the building official for the general safety and welfare of the occupants and public. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard.

D. Maintenance. Buildings and structures, including their electrical, plumbing, and mechanical systems, equipment, materials and appurtenances, both existing and new, and parts thereof, shall be maintained in proper operating condition in accordance with the original design and in a safe, hazard-free condition. Devices or safeguards that are required by this chapter shall be maintained in compliance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of the system and equipment. To determine compliance with this provision, the building official shall have the authority to require that the systems and equipment be reinspected.

E. Additions, Alterations, Modifications or Repairs. Additions, alterations, modifications or repairs to a building or structure or to the electrical, plumbing, or mechanical system(s) of any building, structure or premises shall conform to the requirements of this chapter without requiring those portions of the existing building or system not being altered or modified to comply with all the requirements of this chapter. Installations, additions, alterations, modifications, or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the building official or designated representative. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions were made.

Exception:

1. Additions with less than 500 square feet of conditioned floor area to IRC regulated structures are exempt from the requirements for whole house ventilation systems, Section M1508.

2. Additions or alterations to existing buildings which do not require the construction of foundations, crawlspaces, slabs or basements shall not be required to meet the requirements for radon protection in Section R327.1 and Appendix F.

F. Moved Buildings. Building or structures moved into or within a jurisdiction shall comply with the provisions of this code for new buildings or structures.

Exception: R-3 buildings or structures are not required to comply if:

1. The original occupancy classification is not changed; and

2. The original building is not substantially remodeled or rehabilitated. For the purposes of this section, a building shall be considered to be substantially remodeled when the costs of remodeling exceed 60 percent of the value of the building exclusive of the costs relating to preparation, construction, demolition or renovation of the foundations.

For the purpose of this section, a building shall be considered to be substantially remodeled when the costs of remodeling exceed 60 percent of the value of the building exclusive of the costs relating to preparation, construction, demolition, or renovation of foundations. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.085 Other laws.

The provisions of this code shall not be deemed to nullify any provisions of local, State or federal law. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.090 Application of references.

References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.095 Referenced codes and standards.

The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.100 Partial invalidity.

In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.105 Existing structures.

The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, other codes referenced in this code, the International Fire Code, or as is deemed necessary by the building official or fire marshal for the general safety and welfare of the occupants and the public. Modifications to existing structures shall be permitted to be performed in accordance with the International Existing Building Code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.110 Structures in areas of special flood hazard.

Buildings located in areas of special flood hazard shall be regulated by the International Building Code, International Residential Code or the Kenmore Municipal Code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article III. Department of Building Safety

15.30.115 Creation of enforcement agency.

The building department is hereby created and the official in charge thereof shall be known as the building official. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.120 Appointment.

The building official shall be appointed by the chief appointing authority of the City. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.125 Deputies.

In accordance with the prescribed procedures of this City and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article IV. Duties and Powers of Building Official

15.30.130 General.

The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.135 Applications and permits.

The building official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition and moving of buildings, structures and building service equipment, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.140 Notices and orders.

The building official shall issue all necessary notices or orders to ensure compliance with this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.145 Inspections.

The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise at the applicant’s expense. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.150 Identification.

The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.155 Right of entry.

Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such structure or premises be occupied, that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.160 Department records.

The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.165 Liability.

The building official, member of the board of appeals or employee charged with the enforcement of this chapter and the technical codes, while acting for the City in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the City until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.170 Approved materials and equipment.

Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.175 Used materials and equipment.

The use of used materials and building service equipment which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless prior approval is obtained from the building official. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.180 Modifications.

Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that a special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department. The building official is authorized to charge an additional fee to evaluate any proposed modification under the provisions of this section. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.185 Alternative materials, design and methods of construction and equipment.

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code; provided, that any such alternative has been approved by the building official. The building official shall have the authority to approve an alternative material, design or method of construction upon application of the owner or the owner’s authorized agent. The building official shall first find that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with the specific performance-based provisions of the construction codes shall be an alternative to the specific requirements of the construction codes.

The building official is authorized to charge an additional fee to evaluate any proposed alternate material, design and/or method of construction and equipment under the provisions of this section.

Where the alternate material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.190 Research reports.

Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.195 Tests.

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the City. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article V. Permits

15.30.200 Permit required.

Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.205 Work exempt from permit.

The provisions of this code shall not apply to work located primarily in a public way, public utility towers and poles and hydraulic flood control structures. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this City. Permits shall not be required for the following, provided it is not located within critical areas, shorelines, associated buffers, or native growth protection areas:

A. Building.

1. One-story detached accessory structures accessory to residential buildings constructed under the provisions of the IRC used as tool and storage sheds, tree-supported play structures, playhouse and similar uses, provided the floor area does not exceed 200 square feet, and the structure is located in accordance with all land use regulations;

2. Fences not over eight feet high;

3. Oil derricks;

4. Retaining walls which are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids;

5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1;

6. Sidewalks, driveways, decks and steps not more than 30 inches above adjacent grade and not over any basement or story below and are not part of an accessible route;

7. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work; provided, that existing, required accessible features are not altered;

8. Temporary motion picture, television and theater stage sets and scenery;

9. Prefabricated swimming pools accessory to a one- and two-family dwelling or Group R3 occupancy, which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground;

10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems;

11. Swings, slides and other similar playground equipment;

12. Window awnings supported by an exterior wall of one- and two-family dwellings or Group R-3 and Group U occupancies which do not project more than 54 inches from the exterior wall and do not require additional support;

13. Nonfixed and movable cases, counters and partitions not over five feet nine inches in height;

14. Satellite earth station antennas six and one-half feet or less in diameter or diagonal dimensions in zones other than residential zones;

15. Satellite earth station antennas three and one-quarter feet or less in diameter in residential zones;

16. Video programming service antennas three and one-quarter feet or less in diameter or diagonal dimension, regardless of zone;

17. Replacement of nonstructural siding on IRC structures except for veneer, stucco, or exterior finish and insulation systems (EFIS);

18. In-kind window replacement for IRC structures where no alteration of framing members is required and when the window U-values meet the prescriptive requirements within the energy code;

19. Job shacks that are placed at a permitted job site during construction may be allowed on a temporary basis and shall be removed upon final approval of construction. A job shack is a portable structure for which the primary purpose is to house equipment and supplies, and which may serve as a temporary office during construction for the purposes of the construction activity;

20. In-kind reroofing on IRC structures, provided roof sheathing is not removed, replaced or added; and

21. Photovoltaic solar panels installed on IRC structures, provided they comply with all land use regulations and:

a. Each photovoltaic array is no larger than 150 feet by 150 feet in either axis;

b. Total dead load of panels, supports, mountings, raceways and all other appurtenances weigh no more than four pounds per square foot;

c. Panels are mounted no higher than 18 inches above the surface of the roof;

d. The equipment layout meets the IFC access and pathways requirements.

B. Mechanical.

1. Portable heating, cooking, or clothes drying appliances.

2. Portable ventilation appliances and equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment or appliances regulated by the construction codes.

5. Replacement of any part which does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of one horsepower or less.

8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected.

C. Plumbing.

1. The stopping and/or repairing of leaks in drains, water, soil, waste or vent pipe; provided, however, that should any concealed trap, drain pipe, water, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require replacement or rearrangement of valves, pipes or fixtures.

3. Reinstallation or replacement of prefabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.210 Emergency repairs.

Where equipment replacements and equipment repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.215 Repairs.

Application or notice to the building official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.220 Application for permit.

To obtain a permit, the applicant shall first file a complete application as defined by the City therefor in writing on a form furnished by the building department for that purpose. Such application shall:

A. Identify and describe the work to be covered by the permit for which application is made.

B. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

C. Indicate the use and occupancy for which the proposed work is intended.

D. Be accompanied by construction documents and other information as required in KMC 15.30.260 through 15.30.325.

E. State the valuation of the proposed work.

F. Be signed by the applicant, or the applicant’s authorized agent.

G. Give such other data and information as required by the building official. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.225 Complete application.

A. No application for building permit relating to any construction, including landfill or pier and piling to support same upon privately owned shorelands submerged by the water of Lake Washington, shall be accepted for filing with the building department, unless there are attached to such application certified copies of the approval of such project by such State and federal agencies as may have jurisdiction or regulatory authority over such proposed project.

B. The requirements for a fully complete building permit application include compliance with KMC 15.30.220 and RCW 19.27.097 (which relates to water supply); provided, that for any construction project costing more than $5,000 the following shall also be required:

1. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor;

2. The property owner’s name, address, and phone number;

3. The prime contractor’s business name, address, phone number, and current State contractor registration number; and

4. Either:

a. The name, address and phone number of the office of the lender administering the interim construction financing, if any; or

b. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project; provided, that if any of this information is not available at the time the application is submitted, the applicant shall so state and the lack of said information shall not cause the application to be deemed incomplete for the purposes of this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information.

The requirements for a fully complete building permit application include a consent statement of the property owner to confirm dedication of rights-of-way which abut the subject property, if any are shown as such on City, county or plat maps, and to verify the designation of public road easements as rights-of-way. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.230 Action on application.

The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application is incomplete or the construction documents or other submittal information does not conform to the requirements of pertinent laws, the building official may reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.235 Time limitation of application.

A. Applications for which no permit is issued within 18 months following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with State law by the building official.

B. Applications may be canceled for inactivity, if an applicant fails to respond to the department’s written request for revisions, corrections, actions or additional information within 90 days of the date of request. The building official may extend the response period beyond 90 days if within the original 90-day time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the department.

C. The building official may extend the life of an application if any of the following conditions exist:

1. Compliance with the State Environmental Policy Act is in progress; or

2. Any other City review is in progress; provided the applicant has submitted a complete response to City requests or the building official determines that unique or unusual circumstances exist that warrant additional time for such response, and the building official determines that the review is proceeding in a timely manner toward final City decision; or

3. Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application; or

4. At the sole discretion of the building official when there have not been newly adopted codes, fees, ordinances or laws which affect the application. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.240 Validity of permit.

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance or laws of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this City. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.245 Permit expiration.

A. Every permit issued shall expire two years from the date of issuance. The building official may approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit issuance.

B. Every permit which has been expired for less than one year may be renewed for a period of one year from the expiration date for an additional fee as long as no changes have been made to the originally approved plans and new building codes have not been adopted. For permits that have been expired for longer than one year, a new permit must be obtained and full new fees paid. No permit shall be renewed more than once, except at the sole discretion of the building official when there have not been newly adopted codes, fees, ordinances or laws which affect the permit.

C. Mechanical and plumbing permits shall expire at the same time as the associated building permit, except that if no associated building permit is issued, the mechanical and/or plumbing permit shall expire 12 months from the date of issuance. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C); Ord. 09-0301 § 1 (Att. A).]

15.30.250 Suspension or revocation.

The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.255 Placement of permit.

The building permit or copy shall be kept on the site of the work until the completion of the project. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article VI. Floor and Roof Design Loads

15.30.260 Live loads posted.

Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf, such design live loads shall be conspicuously posted by the owner or the owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

Exception: Floors or portions located on a concrete slab on grade. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.265 Issuance of certificate of occupancy.

A certificate of occupancy required by KMC 15.30.500 shall not be issued until the floor loads signs, required by KMC 15.30.260, have been installed. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.270 Restrictions on loading.

It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by the IBC. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article VII. Submittal Documents

15.30.275 General.

Submittal documents consisting of construction documents, statement of special inspection, structural observation programs, engineering reports and calculations, diagrams, and other data shall be submitted with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the State of Washington. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.280 Construction documents.

Construction documents shall be in accordance with this section.

A. Information on Construction Documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed in the proper orientation and layout as it is to be constructed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. The plans must include the relevant items listed in this section and any other information or documents as deemed necessary by the building official.

B. Fire Protection System Shop Drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the IBC. Shop drawings shall be prepared by a certified individual as required by the State of Washington.

C. Means of Egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, one- and two-family dwellings as applicable in Section 101.2, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

D. Exterior Wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

Exception: Subject to the approval of the building official, R-3, one- and two-family dwellings, and U occupancies may be exempt from the detailing requirements of this section.

E. Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1 of the IBC; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

F. Plumbing. Plans must be submitted for review and approval whenever the scope of the work is too complex for inspection alone as determined by the building official.

G. Mechanical. Plans must be submitted for review and approval whenever the scope of work is too complex for inspection alone as determined by the building official.

H. Structural Information. The construction documents shall provide the information specified in Section 1612.3.1 IBC.

I. Energy Information. The construction documents shall provide the information specified in the energy code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.290 Examination of documents.

The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.295 Use of consultants.

Whenever review of a building permit application requires retention by the City for professional consulting services, the applicant shall reimburse the City the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The City may require the applicant to deposit an amount with the City estimated in the discretion of the building official to be sufficient to cover anticipated costs of retaining professional consultant services and to ensure reimbursement for such costs. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.300 Approval of construction documents.

When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.305 Phased approval.

The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted; provided, that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.310 Design professional in responsible charge – General.

When it is required that documents be prepared by a qualified registered design professional, the building official shall be authorized to require the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner’s authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by Section 1710 of the IBC, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also other duties specified in Chapter 17 of the IBC). [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.315 Deferred submittals.

For the purposes of this section, “deferred submittals” are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge, who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. The building official is authorized to charge an additional plan review fee to evaluate deferred submittals under the provisions of this section. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.320 Amended construction documents.

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. The building official may authorize minor field changes subject to the approval of the field inspector. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.325 Retention of construction documents.

One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, expired permit, or as required by State or local laws. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article VIII. Temporary Structures and Uses

15.30.330 General.

The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

Exceptions:

A. The building official may authorize unheated tents and yurts under 500 square feet accommodating an R-1 recreational use as a temporary structure and allow them to be used indefinitely. Such sited structures must comply with the Kenmore zoning code provisions for setbacks and lot coverage.

B. The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. A temporary growing structure is not considered a building for purposes of this code.

C. The provisions of this code do not apply to the construction, alteration, or repair of temporary worker housing except as provided by rules adopted under Chapter 70.114A RCW or Chapter 37, Laws of 1998 (SB 6168). [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.335 Conformance.

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.340 Termination of approval.

The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued when the use is in violation of other local ordinances or when the use becomes a public nuisance as defined in the City code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article IX. Fees

15.30.345 Payment of fees.

A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.350 Schedule of permit fees.

On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The building official is authorized to establish fees for any permit activity not specifically set forth herein. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.355 Plan review fees.

When submittal documents are required by KMC 15.30.275, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official may have the option to charge a deposit in lieu of the full plan review fee if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in KMC 15.30.315, an additional plan review fee may be charged. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.360 Master and basic plan program.

A. The City has established a “master” and “basic” plan program, the purpose of which is to allow for an expedited review process for plans that are intended to remain unchanged but used multiple times. Options are allowed to be submitted with the initial registering of the basic plan to accommodate a variation of building styles using the basic plan. When plans are submitted under the City’s master and basic plan program, a plan review fee shall be paid at the time of application for the first or “master” plan. Subsequent plans are called the “basic” plan.

B. Valuations used to compute the permit fees shall include all options submitted with a registered plan. When a registered plan consists of a number of plan options that can produce any number of similar but different buildings, the building official may charge plan review fees based on each different building configuration. Plan review fees shall be paid for at the time of application for a building permit. The building official may have the option to charge a partial deposit in lieu of the full plan review fee. All portions of fees paid as a deposit amount shall be applied to the total plan review fees owed. The applicant shall be required to pay the balance of amount owed for the plan review. The plan review fees specified in this section are separate fees from the permit fees and are in addition to the permit fees.

C. Plan Orientation. Master plan applications do not need to show a reverse or flip as an option. Mirrored plans are allowed at basic plan submittal. Basic plan orientation shall match the site plan.

D. Preapproved Master Plan. The building official may have the option to accept a basic plan where the master plan has been approved by a MyBuildingPermit.com participating jurisdiction.

E. Revisions. Once a plan and associated options are reviewed, approved and registered, changes or revisions to that plan are not permitted without requiring the plan to be resubmitted as a new registered plan and pay full new fees.

F. Field Revision. Once a permit is issued for a registered plan, no revisions will be permitted except for minor field changes as defined in KMC 15.30.025. Changes other than minor field changes will be considered major changes and require the permit holder to resubmit those changes as a new submittal and pay a fee.

G. Time Limitation. An application for a basic plan associated to a master plan approved and registered under a previous code edition shall not be accepted when there has been a code cycle change as required by the State. When this occurs the master plan shall be submitted as a new registered plan, and pay full new fees. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.365 Building permit valuations.

The applicant for a permit shall provide an estimated permit value at time of application. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The latest edition of the ICC “Building Safety Journal” publication shall be used to determine building valuations for the various building types and occupancies noted in that table except that the valuation for wooden decks, platforms, stairs, carports, and porches shall be $18.00 per square foot. Regional modifiers shall not be applicable. When a specific building type or occupancy is not noted in the valuation table, the building official is authorized to use any of the classification types noted in the table that most closely resembles the proposed type of building, or determine a valuation type independently. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.370 Work commencing before permit issuance.

Any person who commences any work on a building, structure, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation fee in an amount equal to twice the permit fee, or otherwise established by the building official. The special investigation fee shall be in addition to the required permit fees. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.375 Related fees.

The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.380 Refunds.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of application. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article X. Inspections

15.30.390 General.

Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the City. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the City shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.395 Preliminary inspections.

Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.400 Manufacturer’s installation instructions.

Manufacturer’s installation instructions, as required by this code, shall be available on the job site at the time of inspection. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.405 Required inspections.

The building official, upon notification, shall make the inspections set forth in KMC 15.30.410 through 15.30.480. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.410 Footing and foundation inspection.

Footing and foundation inspections shall be made after poles or piers are set or trenches or basement areas are excavated and all required hold-down anchor bolts, hold-down straps, any forms erected, and any required reinforcing steel is in place and supported. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.415 Concrete slab and under-floor inspection.

Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, slab insulation, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.420 Lowest floor elevation.

In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612 or IRC Section R322 shall be submitted to the building official. FEMA flood elevation certificates shall contain an original stamp and signature of the surveyor, licensed by the State of Washington, and shall document the elevation of the lowest floor, including basement, and other information required by the flood elevation certificate. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.425 Exterior wall sheathing inspection.

Exterior wall sheathing shall be inspected after all wall framing is complete, strapping and nailing is properly installed but prior to being covered. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.430 Roof sheathing inspection.

The roof sheathing shall be inspected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.435 IMC/UPC/GAS/NEC rough in inspection.

Rough in mechanical, gas piping, plumbing and electrical shall be inspected when the rough in work is complete and, if required, under test. No connections to primary utilities shall be made until the rough in work is inspected and approved. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.440 Frame inspection.

Framing inspections shall be made after the roof deck, wall sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, fire suppression piping, heating wires, pipes and ducts are approved and the building is substantially dried in. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.445 Multi-unit residential building enclosure inspection.

Chapter 64.55 RCW, Engrossed House Bill (EHB) 1848, requires affected multi-unit residential buildings to provide a building enclosure inspection performed by a third-party, independent, and qualified inspector during the course of initial construction and during rehabilitative construction. The City does not verify the qualifications of the inspector or determine whether the building enclosure inspection is adequate or appropriate. However, the City is prohibited from issuing a certificate of occupancy for the building until the inspector prepares a report and submits to the building department a signed letter certifying that the building enclosure has been constructed in substantial compliance with the building enclosure design documents. Reference Chapter 64.55 RCW for additional requirements. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.450 Lath, gypsum board and gypsum panel product inspection.

Lath, gypsum board, and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel product, interior and exterior, is in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.455 Fire- and smoke-resistant penetrations.

Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.460 Energy efficiency inspection.

A. Envelope.

1. Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed.

2. Glazing Inspection. To be made after glazing materials are installed in the building.

3. Exterior Roofing Insulation. To be made after the installation of the roof insulation, but before concealment.

4. Footing/Foundation/Slab/Floor Insulation. To be made after the installation of the footing/foundation/slab/floor insulation, but before concealment.

B. Mechanical.

1. Mechanical Equipment Efficiency and Economizer. To be made after all equipment and controls required by this code are installed and prior to the concealment of such equipment or controls.

2. Mechanical Pipe and Duct Insulation. To be made after all pipe, fire suppression piping and duct insulation is in place, but before concealment.

C. Lighting and Motors.

1. Lighting Equipment and Controls. To be made after the installation of all lighting equipment and controls required by this code, but before concealment of the lighting equipment.

2. Motor Inspections. To be made after installation of all equipment covered by this code, but before concealment. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.465 Reinspection.

The building official may require a structure or portions of work to be reinspected. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which the inspection was requested is not complete; or when previous corrections called for are not made; or when there are reoccurring missed items that have previously been identified to the same builder on multiple lots; or when the approved plans and permit are not on site in a conspicuous or pre-approved location; or when the building is not accessible. In instances where reinspection fees have been assessed, no additional inspection of the work shall be provided by the City until the required fees are paid. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.470 Other inspections.

In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.475 Special inspections.

In addition to the inspections noted above, the building official is authorized to require special inspections for any type of work related to the technical codes by an approved agency at no cost to the City. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.480 Final inspection.

The final inspection shall be made after all work required by the building permit is completed. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.485 Inspection agencies.

The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.490 Inspection requests.

It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.495 Approval required.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article XI. Certificate of Occupancy

15.30.500 Use and occupancy.

No building or structure shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the City.

Exceptions:

A. Work exempt from permits per KMC 15.30.205.

B. For single-family dwellings and their accessory structures, the City-issued building permit inspection record may serve as the certificate of occupancy when the final inspection has been approved by the building department. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.505 Certificate issued.

After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building department, the building official shall issue a certificate of occupancy that contains the following:

A. The building permit number.

B. The address of the structure.

C. The name and address of the owner or the owner’s authorized agent.

D. Project name.

E. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

F. The name of the building official.

G. The edition of the code under which the permit was issued.

H. The use and occupancy.

I. The type of construction.

J. The design occupant load.

K. If an automatic sprinkler system is provided, and whether the sprinkler system is required.

L. Any special stipulations and conditions of the building permit. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.510 Temporary or phased occupancy.

The building official is authorized to issue a temporary or phased certificate of occupancy before the completion of the entire work covered by the permit; provided, that such portion or portions shall be occupied safely. The building official is authorized to require, in addition to the completion of life safety building components, any or all accessibility components. The building official shall set a time period during which the temporary or phased certificate of occupancy is valid. The building official is authorized to require that a performance bond be posted with the City in an amount equal to 150 percent of the incomplete work as determined by the design professional. The bond shall be refundable upon inspection, final approval and a request in writing for the refund. It shall be the duty of the applicant to request the refund. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.515 Revocation.

The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article XII. Service Utilities

15.30.520 Connection of service utilities.

No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.525 Temporary connection.

The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.530 Authority to disconnect service utilities.

The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made without the required approval. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article XIII. Appeals

15.30.535 General.

Appeals of orders, decisions or determinations made by the building official shall be made to the hearing examiner in accordance with the requirements and process of Chapter 19.30 KMC. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 12-0333 § 11; Ord. 10-0310 § 4 (Exh. C).]

15.30.540 Limitations on authority.

An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of either this code or the technical codes which are the codes, appendices and referenced code standards adopted by the City. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 12-0333 § 12; Ord. 10-0310 § 4 (Exh. C).]

15.30.545 Qualifications.

Repealed by Ord. 12-0333. [Ord. 10-0310 § 4 (Exh. C).]

15.30.550 Reconsideration.

Repealed by Ord. 12-0333. [Ord. 10-0310 § 4 (Exh. C).]

15.30.555 Corrections.

Repealed by Ord. 12-0333. [Ord. 10-0310 § 4 (Exh. C).]

15.30.560 Court review.

Repealed by Ord. 12-0333. [Ord. 10-0310 § 4 (Exh. C).]

Article XIV. Violations

15.30.565 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.570 Notice of violation.

The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.575 Prosecution of violation.

If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the City to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.580 Violation – Penalties.

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article XV. Stop Work Order

15.30.585 Authority.

Whenever the building official finds any work being performed in a manner either contrary to the provisions of this code or other pertinent laws or ordinances that are violated during the course of work authorized by the building permit, the building official is authorized to issue a stop work order. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.590 Issuance.

The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.595 Investigation fee.

The building official is authorized to assess a special investigation fee for the issuance of a stop work order when work has started without the issuance of a permit. The special investigation fee shall be determined by KMC 15.30.370. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

15.30.600 Unlawful continuance.

Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. [Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]

Article XVI. Unsafe Structures and Equipment

15.30.605 General.

Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in the Kenmore Property Maintenance Code (Chapter 15.40 KMC). A vacant structure that is not secured against entry shall be deemed unsafe. [Ord. 23-0577 § 5 (Exh. A); Ord. 20-0518 § 4 (Exh. D); Ord. 16-0423 § 4 (Exh. D); Ord. 13-0360 § 6 (Exh. C); Ord. 10-0310 § 4 (Exh. C).]