Chapter 14.01
BUILDING CODES Revised 3/24
Sections:
14.01.010 Building codes – Adopted. Revised 3/24
14.01.020 Code conflicts. Revised 3/24
14.01.030 Amendments to the International Building Code. Revised 3/24
14.01.040 Amendments to the International Existing Building Code. Revised 3/24
14.01.050 Amendments to the International Residential Code. Revised 3/24
14.01.060 Amendments to the Uniform Plumbing Code. Revised 3/24
14.01.070 Amendments to the International Mechanical Code. Revised 3/24
14.01.080 Amendments to the International Energy Conservation Code. Revised 3/24
14.01.090 Amendments to the International Property Maintenance Code. Revised 3/24
14.01.100 Building codes – Fees. Revised 3/24
14.01.110 Appeals. Revised 3/24
14.01.010 Building codes – Adopted. Revised 3/24
In accordance with Chapter 19.27 RCW, the following codes (collectively, the “building codes”), together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the state of Washington through its Building Code Council pursuant to the Washington Administrative Code (“WAC”), and as further amended in this chapter, are adopted by reference:
A. The International Building Code, 2021 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC.
B. The International Existing Building Code, 2021 Edition, published by the International Code Council, Inc.
C. The International Residential Code, 2021 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC.
D. The International Mechanical Code, 2021 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC.
E. The Uniform Plumbing Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, including the Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing Code) as amended pursuant to Chapter 51-56 WAC.
F. The International Energy Conservation Code, 2021 Edition, published by the International Code Council, Inc., as amended pursuant to Chapters 51-11C and 51-11R WAC.
G. The International Property Maintenance Code, 2021 Edition, published by the International Code Council, Inc., including the Boarding Standard (Appendix A to the International Property Maintenance Code).
One copy of each of these codes is on file with the city’s building official, and with the city clerk as provided for by RCW 35.21.180.
(Ord. No. 3415, § 2, 8-4-98; Ord. No. 3690, § 1, 5-4-04; Ord. No. 3839, § 1, 5-15-07; Ord. No. 3956, § 1, 5-18-10; Ord. No. 4081, § 1, 5-21-13; Ord. No. 4170, § 1, 10-6-15; Ord. No. 4186, § 1, 1-19-16; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23)
14.01.020 Code conflicts. Revised 3/24
To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the state building codes adopted by the Washington State Building Code Council and the provisions of this chapter, the Kent City Code provisions shall govern.
(Ord. No. 3690, § 1, 5-4-04; Ord. No. 3956, § 1, 5-18-10; Ord. No. 4081, § 1, 5-21-13; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23)
14.01.030 Amendments to the International Building Code. Revised 3/24
The following local amendments to the International Building Code, including all amendments enacted by the state of Washington, are hereby adopted and incorporated into the International Building Code:
A. General – Building code appendices adopted. Section 101 of the International Building Code, entitled “General,” is amended by adding the following new subsection 101.5:
Sec. 101.5. Building code appendices adopted. Appendices C, E and J to the International Building Code are hereby adopted; however, the public works director shall have the authority to enforce and interpret Appendix J and, accordingly, all references to the “building official” in Appendix J shall be substituted with the words “public works director.”
B. Duties and powers of building official – Lot lines and setback lines. Section 104 of the International Building Code, entitled “Duties and Powers of Building Official,” is amended by adding the following new subsection 104.12:
Sec. 104.12. Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied.
C. Permits – Expiration of application. Section 105 of the International Building Code, entitled “Permits,” is amended by substituting subsection 105.3.2 with the following:
Sec. 105.3.2. Expiration of application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to the deadlines established by that code chapter or by SEPA. All other project permit applications shall expire automatically if no permit is issued 365 days after the date a determination has been made that a fully complete project permit application, as defined in KCC 14.11.020, has been approved for issuance, unless that application has been pursued in good faith as determined solely in the building official’s discretion. The building official may extend the time for action on the permit application for no more than two periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of resubmission.
D. Permits – Expiration. Section 105 of the International Building Code, entitled “Permits,” is amended by substituting subsection 105.5 with the following:
Sec. 105.5. Expiration.
1. Every permit issued by the building official under the provisions of this chapter shall expire automatically three years after the date of permit issuance. However, the permit shall expire earlier if the work authorized by such permit is not commenced within one year from the date the permit is issued, or once work commences, if work is suspended or abandoned for a period of 180 days or more.
2. The building official, after finding that no significant changes have or will be made to the originally approved plans and specifications for the approved work, may extend a permit’s expiration date or revive a permit which has been canceled due to inactivity, at the building official’s discretion, under the following circumstances:
a. A permit issued and related to a single-family residence, if it has expired due to inaction, may be extended for a 90-day period, up to two times. However, this subsection does not alter the permit’s overall three year expiration date as provided for in subsection 105.5.1.
b. A permit issued and related to a single-family residence may be extended for a 90-day period if work is started and continuously performed, and necessary periodic inspections are made.
c. For permits other than those related to a single-family residence, the building official may grant a single 90-day extension when only the final inspection approval is remaining and all other work has been approved.
3. No permit extension will be granted for any property that is the subject of a code enforcement proceeding under Ch. 1.04 KCC.
E. Means of appeals. Section 113 of the International Building Code, entitled “Means of Appeals,” is amended by substituting Section 113 with the following:
Sec. 113. Means of appeals. The City of Kent hearing examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in KCC 14.01.110.
F. Additional height increases. Section 504.4 of the International Building Code, as amended by the Washington State Building Code Council entitled “Building Height and Number of Stories,” is amended by adding the following new subsection 504.4.1:
Sec. 504.4.1. Additional height increases. For Group R-1, R-2 and I-2 condition 2, the permitted increase of one story allowed by subsection 504.4.1 when all of the conditions enumerated below are met:
1. Walls separating dwelling units or sleeping units, and corridor walls in Group R-1, R-2 and I-2 shall be constructed as 1-hour fire partitions as provided in Section 708. Reduction of the fire-resistance rating is not permitted.
2. All exterior walls, including those with a fire separation distance of more than five feet, shall be of not less than 1-hour fire-resistance rated construction on the interior and the exterior of the wall.
3. Structural observation is provided during construction in accordance with Sections 202 and 1704.5.
4. An emergency voice/alarm communication system complying with subsections 907.5.2.2 through 907.5.2.2.5 is installed.
5. Approved supervised indicating control valves shall be provided at the point of connection to the automatic fire sprinkler system riser on each floor.
6. Structures meeting the requirements of this subsection shall have an automatic sprinkler zone per floor. All zones must report independently.
(Ord. No. 3415, § 2, 8-4-98; Ord. No. 3574, § 4, 9-18-01; Ord. No. 3690, § 1, 5-4-04; Ord. No. 3839, § 2, 5-15-07; Ord. No. 3914, § 2, 4-21-09; Ord. No. 3956, § 1, 5-18-10; Ord. No. 4081, § 1, 5-21-13; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23. Formerly 14.01.020)
14.01.040 Amendments to the International Existing Building Code. Revised 3/24
The following local amendments to the International Existing Building Code, including all amendments enacted by the state of Washington, are hereby adopted and incorporated into the International Existing Building Code:
A. Code official. All references to the “code official” in the International Existing Building Code shall be substituted with the words “building official.”
B. Duties and powers of building official – Lot lines and setback lines. Section 104 of the International Existing Building Code, entitled “Duties and Powers of Code Official,” is amended by adding the following new subsection 104.12:
Sec. 104.12. Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied.
C. Permits – Expiration of project permit application. Section 105 of the International Existing Building Code, entitled “Permits,” is amended by substituting subsection 105.3.2 with the following:
Sec. 105.3.2. Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to the deadlines established by that code chapter or by SEPA. All other project permit applications shall expire automatically if no permit is issued 365 days after the date a determination has been made that a fully complete project permit application, as defined in KCC 14.11.020, has been approved for issuance, unless that application has been pursued in good faith as determined solely in the building official’s discretion. The building official may extend the time for action on the permit application for no more than two periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of resubmission.
D. Permits – Expiration. Section 105 of the International Existing Building Code, entitled “Permits,” is amended by substituting subsection 105.5 with the following:
Sec. 105.5. Expiration.
1. Every permit issued by the building official under the provisions of this chapter shall expire automatically three years after the date of permit issuance. However, the permit shall expire earlier if the work authorized by such permit is not commenced within one year from the date the permit is issued, or once work commences, if work is suspended or abandoned for a period of 180 days or more.
2. The building official, after finding that no significant changes have or will be made to the originally approved plans and specifications for the approved work, may extend a permit’s expiration date or revive a permit which has been canceled due to inactivity, at the building official’s discretion, under the following circumstances:
a. A permit issued and related to a single-family residence, if it has expired due to inaction, may be extended for a 90-day period, up to two times. However, this subsection does not alter the permit’s overall three year expiration date as provided for in subsection 105.5.1.
b. A permit issued and related to a single-family residence may be extended for a 90-day period if work is started and continuously performed, and necessary periodic inspections are made.
c. For permits other than those related to a single-family residence, the building official may grant a single 90-day extension when only the final inspection approval is remaining and all other work has been approved.
3. No permit extension will be granted for any property that is the subject of a code enforcement proceeding under Ch. 1.04 KCC.
E. Certificate of occupancy – Altered area use and occupancy classification change. Section 110 of the International Existing Building Code, entitled “Certificate of Occupancy,” is amended by substituting subsection 110.1 with the following:
Sec. 110.1. Altered area use and occupancy classification change. No altered area of a building and no relocated building shall be used or occupied, and no change in the existing occupancy classification of a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein, except that no certificate of occupancy is required for detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures subject to the provisions of the International Residential Code. 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 jurisdiction.
F. Means of appeals. Section 112 of the International Existing Building Code, entitled “Means of Appeals,” is amended by substituting Section 112 with the following:
Sec. 112. Means of appeals. The City of Kent hearing examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in KCC 14.01.110.
(Ord. No. 3956, § 1, 5-18-10; Ord. No. 4081, § 1, 5-21-13; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23. Formerly 14.01.035)
14.01.050 Amendments to the International Residential Code. Revised 3/24
The following local amendments to the International Residential Code, including all amendments enacted by the state of Washington, are hereby adopted and incorporated into the International Residential Code:
A. Duties and powers of building official – Lot lines and setback lines. Section R104 of the International Residential Code, entitled “Duties and Powers of the Building Official,” is amended by adding the following new subsection R104.12:
Sec. R104.12. Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied.
B. Permits – Substantially improved or substantially damaged existing buildings in areas prone to flooding. Section R105 of the International Residential Code, entitled “Permits,” is amended by substituting subsection R105.3.1.1 with the following:
Sec. R105.3.1.1. Substantially improved or substantially damaged existing buildings in areas prone to flooding. The building official may require that all applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding be submitted in accordance with Ch. 14.09 KCC.
C. Permits – Expiration of project permit application. Section R105 of the International Residential Code, entitled “Permits,” is amended by substituting subsection R105.3.2 with the following:
Sec. R105.3.2. Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to the deadlines established by that code chapter or by SEPA. All other project permit applications shall expire automatically if no permit is issued 365 days after the date a determination has been made that a fully complete project permit application, as defined in KCC 14.11.020, has been approved for issuance, unless that application has been pursued in good faith as determined solely in the building official’s discretion. The building official may extend the time for action on the permit application for no more than two periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of resubmission.
D. Permits – Expiration. Section 105 of the International Residential Building Code, entitled “Permits,” is amended by substituting subsection R105.5 with the following:
Sec. 105.5. Expiration.
1. Every permit issued by the building official under the provisions of this chapter shall expire automatically three years after the date of permit issuance. However, the permit shall expire earlier if the work authorized by such permit is not commenced within one year from the date the permit is issued, or once work commences, if work is suspended or abandoned for a period of 180 days or more.
2. The building official, after finding that no significant changes have or will be made to the originally approved plans and specifications for the approved work, may extend a permit’s expiration date or revive a permit which has been canceled due to inactivity, at the building official’s discretion, under the following circumstances:
a. A permit issued and related to a single-family residence, if it has expired due to inaction, may be extended for a 90-day period, up to two times. However, this subsection does not alter the permit’s overall three year expiration date as provided for in subsection 105.5.1.
b. A permit issued and related to a single-family residence may be extended for a 90-day period if work is started and continuously performed, and necessary periodic inspections are made.
c. For permits other than those related to a single-family residence, the building official may grant a single 90-day extension when only the final inspection approval is remaining and all other work has been approved.
3. No permit extension will be granted for any property that is the subject of a code enforcement proceeding under Ch. 1.04 KCC.
E. Fees – Building permit valuations. Section R108 of the International Residential Code, entitled “Fees,” is amended by substituting subsection R108.3 with the following:
Sec. R108.3. Building permit valuations. The permit applicant shall provide an estimated permit value at time of application. Permit valuations shall include total value of the work, including materials and labor, for which the permit is being issued. (The work would include, for example and without limitation, electrical, gas, mechanical, and plumbing equipment and other permanent systems.) If the building official decides that the permit valuation is underestimated, the permit application shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.
F. Certificate of occupancy. Section R110 of the International Residential Code, entitled “Certificate of Occupancy,” is hereby repealed.
G. Board of appeals. Section R112 of the International Residential Code, entitled “Board of Appeals,” is amended by substituting Section R112 with the following:
Sec. R112. Board of appeals. The City of Kent hearing examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.110 of the Kent City Code. Any appeal to an order, decision, or determination of the public works director with respect to work within a flood hazard area shall be made in accordance with Ch. 14.09 KCC.
(Ord. No. 3690, § 1, 5-4-04; Ord. No. 3839, § 3, 5-15-07; Ord. No. 3914, § 2, 4-21-09; Ord. No. 3956, § 1, 5-18-10; Ord. No. 4081, § 1, 5-21-13; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23. Formerly 14.01.040)
14.01.060 Amendments to the Uniform Plumbing Code. Revised 3/24
The following local amendments to the Uniform Plumbing Code, including all amendments enacted by the state of Washington, are hereby adopted and incorporated into the Uniform Plumbing Code:
A. Permits. Section 104 of the Uniform Plumbing Code, entitled “Permits,” is amended by substituting subsection 104.3.3 with the following:
Sec. 104.3.3. Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to the deadlines established by that code chapter or by SEPA. All other project permit applications shall expire automatically if no permit is issued 365 days after the date a determination has been made that a fully complete project permit application, as defined in KCC 14.11.020, has been approved for issuance, unless that application has been pursued in good faith as determined solely in the building official’s discretion. The building official may extend the time for action on the permit application for no more than two periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of resubmission.
B. Expiration. Section 104 of the Uniform Plumbing Code, entitled “Permits,” is amended by substituting subsection 104.4.3 with the following:
Sec. 104.4.3. Expiration.
1. Every permit issued by the building official under the provisions of this chapter shall expire automatically three years after the date of permit issuance. However, the permit shall expire earlier if the work authorized by such permit is not commenced within one year from the date the permit is issued, or once work commences, if work is suspended or abandoned for a period of 180 days or more.
2. The building official, after finding that no significant changes have or will be made to the originally approved plans and specifications for the approved work, may extend a permit’s expiration date or revive a permit which has been canceled due to inactivity, at the building official’s discretion, under the following circumstances:
a. A permit issued and related to a single-family residence, if it has expired due to inaction, may be extended for a 90-day period, up to two times. However, this subsection does not alter the permit’s overall three year expiration date as provided for in subsection 104.4.3.1.
b. A permit issued and related to a single-family residence may be extended for a 90-day period if work is started and continuously performed, and necessary periodic inspections are made.
c. For permits other than those related to a single-family residence, the building official may grant a single 90-day extension when only the final inspection approval is remaining and all other work has been approved.
3. No permit extension will be granted for any property that is the subject of a code enforcement proceeding under Ch. 1.04 KCC.
C. Extensions. Subsection 104.4.4 of the Uniform Plumbing Code, entitled “Extensions,” is hereby repealed.
D. Plumbing permit fees. Table 104.5 of the Uniform Plumbing Code, entitled “Plumbing Permit Fees,” is amended by substituting Table 104.5 with the following:
Table 104.5. Plumbing Permit Fees. Plumbing permit fees and related fees shall be as established by resolution of the city council, in accordance with 14.01.100 KCC.
E. Violations and penalties. Section 106 of the Uniform Plumbing Code, entitled “Violations and Penalties,” is amended by substituting subsection 106.3 with the following:
Sec. 106.3. Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs plumbing work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chs. 14.08 and 1.04 KCC or as otherwise provided by law.
F. Board of appeals. Section 107 of the Uniform Plumbing Code, entitled “Board of Appeals,” is amended by substituting Section 107 with the following:
Sec. 107. Board of appeals. The City of Kent hearing examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.110 of the Kent City Code.
(Ord. No. 3415, § 2, 8-4-98; Ord. No. 3690, § 1, 5-4-04; Ord. No. 3839, § 4, 5-15-07; Ord. No. 3956, § 1, 5-18-10; Ord. No. 4081, § 1, 5-21-13; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23. Formerly 14.01.050)
14.01.070 Amendments to the International Mechanical Code. Revised 3/24
The following local amendments to the International Mechanical Code, including all amendments enacted by the state of Washington, are hereby adopted and incorporated into the International Mechanical Code:
A. Permits – Expiration of project permit application. Section 106 of the International Mechanical Code, entitled “Permits,” is amended by substituting subsection 106.3.2 with the following:
Sec. 106.3.2. Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to the deadlines established by that code chapter or by SEPA. All other project permit applications shall expire automatically if no permit is issued 365 days after the date a determination has been made that a fully complete project permit application, as defined in KCC 14.11.020, has been approved for issuance, unless that application has been pursued in good faith as determined solely in the building official’s discretion. The building official may extend the time for action on the permit application for one or more periods, each period not exceeding 180 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of resubmission.
B. Expiration. Section 106 of the International Mechanical Code, entitled “Permits,” is amended by substituting subsection 106.4.3 with the following:
Sec. 106.4.3. Expiration.
1. Every permit issued by the building official under the provisions of this chapter shall expire automatically three years after the date of permit issuance. However, the permit shall expire earlier if the work authorized by such permit is not commenced within one year from the date the permit is issued, or once work commences, if work is suspended or abandoned for a period of 180 days or more.
2. The building official, after finding that no significant changes have or will be made to the originally approved plans and specifications for the approved work, may extend a permit’s expiration date or revive a permit which has been canceled due to inactivity, at the building official’s discretion, under the following circumstances:
a. A permit issued and related to a single-family residence, if it has expired due to inaction, may be extended for a 90-day period, up to two times. However, this subsection does not alter the permit’s overall three year expiration date as provided for in subsection 106.4.3.1.
b. A permit issued and related to a single-family residence may be extended for a 90-day period if work is started and continuously performed, and necessary periodic inspections are made.
c. For permits other than those related to a single-family residence, the building official may grant a single 90-day extension when only the final inspection approval is remaining and all other work has been approved.
3. No permit extension will be granted for any property that is the subject of a code enforcement proceeding under Ch. 1.04 KCC.
C. Extensions. Subsection 106.4.4 of the International Mechanical Code, entitled “Extensions,” is hereby repealed.
D. Means of appeal – Board of appeals. Section 113 of the International Mechanical Code, entitled “Means of Appeal,” is amended by substituting Section 113 with the following:
Sec. 113. Means of appeal. The City of Kent hearing examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.110 of the Kent City Code.
E. Violations – Penalties. Section 115 of the International Mechanical Code, entitled “Violations,” is amended by substituting subsection 115.4 with the following:
Sec. 115.4. Violation penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs mechanical work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chs. 14.08 and 1.04 KCC or as otherwise provided by law.
(Ord. No. 3690, § 1, 5-4-04; Ord. No. 3956, § 1, 5-18-10; Ord. No. 4081, § 1, 5-21-13; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23. Formerly 14.01.060)
14.01.080 Amendments to the International Energy Conservation Code. Revised 3/24
The following local amendments to the International Energy Conservation Code, including all amendments enacted by the state of Washington, are hereby adopted and incorporated into the International Energy Conservation Code:
A. Compliance required, violations, penalties. Section C101.5, entitled “Compliance,” is hereby amended by adding the following new subsection C101.5.2:
Sec. C101.5.2. Unlawful acts and penalties. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, move or occupy any building, structure or equipment regulated by this code, or cause the same to be done, in conflict with or in violation of this code. Any person who violates a provision of this code, or fails to comply with any of its requirements, or who erects, constructs, alters or repairs a building or structure in violation of: (a) the approved construction documents, (b) a directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chapters 14.08 and 1.04 KCC or as otherwise provided by law.
B. Compliance required, violations, penalties. Section R101.5, entitled “Compliance,” is hereby amended by adding the following new subsection R101.5.2:
Sec. R101.5.2. Unlawful acts and penalties. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, move or occupy any building, structure or equipment regulated by this code, or cause the same to be done, in conflict with or in violation of this code. Any person who violates a provision of this code, or fails to comply with any of its requirements, or who erects, constructs, alters or repairs a building or structure in violation of: (a) the approved construction documents, (b) a directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chapters 14.08 and 1.04 KCC or as otherwise provided by law.
C. Appeals. Section C110, entitled “Board of Appeals,” is hereby amended by substituting Section C110 with the following:
Sec. C110. Board of Appeals. The City of Kent hearing examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in KCC 14.01.110.
D. Appeals. Section R110, entitled “Means of Appeals,” is hereby amended by substituting Section R110 with the following:
Sec. R110. Means of Appeals. The City of Kent hearing examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in KCC 14.01.110.
(Ord. No. 4081, § 1, 5-21-13; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23. Formerly 14.01.085)
14.01.090 Amendments to the International Property Maintenance Code. Revised 3/24
The following local amendments to the International Property Maintenance Code are adopted and incorporated into the International Property Maintenance Code:
A. Code official. All references to the “code official” in the International Property Maintenance Code shall be substituted with the words “building official.”
B. Fees. Section 104.1.1 of the International Property Maintenance Code, entitled “Fees,” is amended by substituting Section 104.1.1 with the following:
Sec. 104.1.1. Fees shall be assessed as set forth in Section 14.01.100 of the Kent City Code.
C. Board of appeals. Section 107 of the International Property Maintenance Code, entitled “Means of Appeal,” is amended by substituting Section 107 with the following:
Sec. 107. Board of appeals. The City of Kent hearing examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.110 of the Kent City Code.
D. Violations. Section 109 of the International Property Maintenance Code, entitled “Violations,” is amended by substituting subsections 109.1 and 109.4 with the subsections that follow; all other subsections of Section 109 remain the same:
109.1. Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.
109.4. Violation penalties. Any person who violates a provision of this code or fails to comply with any of its requirements, or who erects, constructs, alters or repairs a building or structure in violation of: (a) the approved construction documents, (b) a directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chs. 14.08 and 1.04 KCC or as otherwise provided by law.
E. Failure to comply. Section 110.4 of the International Property Maintenance Code, entitled “Failure to Comply,” is amended by substituting Section 110.4 with the following:
Sec. 110.4. Failure to Comply. Any failure to comply with a stop work or stop use order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine, pursuant to KCC 1.04.090, 1.04.100, and 1.04.110.
F. Notices and orders. Section 111.4 of the International Property Maintenance Code, entitled “Notices and Orders,” is amended by substituting Section 111.4 with the following:
Sec. 111.4. Notices of Violation. Whenever the building official or his designee determines that there has been a violation of this code or has grounds to believe that a violation has occurred, the code enforcement officer may issue a notice to any person responsible for the violation, pursuant to Chapter 1.04 of the Kent City Code.
G. Rubbish and garbage. Section 308 of the International Property Maintenance Code, entitled “Rubbish and Garbage,” is deleted in its entirety.
H. Electrical facilities. Section 604 of the International Property Maintenance Code, entitled “Electrical Facilities,” is deleted in its entirety.
I. Electrical equipment. Section 605 of the International Property Maintenance Code, entitled “Electrical Equipment,” is deleted in its entirety.
J. Elevators, escalators and dumbwaiters. Section 606 of the International Property Maintenance Code, entitled “Elevators, Escalators and Dumbwaiters,” is deleted in its entirety.
(Ord. No. 4170, § 2, 10-6-15; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23. Formerly 14.01.087)
14.01.100 Building codes – Fees. Revised 3/24
The city council shall, by resolution, establish the fees to be assessed to implement and operate the codes adopted in this chapter.
(Ord. No. 3415, § 2, 8-4-98; Ord. No. 3690, § 1, 5-4-04; Ord. No. 3956, § 1, 5-18-10; Ord. No. 4081, § 1, 5-21-13; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23. Formerly 14.01.090)
14.01.110 Appeals. Revised 3/24
A. Appeals to the hearing examiner.
1. Jurisdiction. The city hearing examiner has been designated as the board of appeals and shall have jurisdiction over all matters concerning the application of the building codes cited in this chapter. The city hearing examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the city hearing examiner be empowered to waive requirements of these building codes.
2. Filing. Appeals shall be filed with the hearing examiner by 5:00 p.m. of the fourteenth calendar day following the date of the order, determination, or decision being appealed. When the last day of the appeal period so computed is a Saturday, Sunday, or city holiday, the period shall run until 5:00 p.m. on the next business day. The appeal shall be accompanied by payment of the filing fee. Specific objections to the building official’s decision and the relief sought shall be stated in the written appeal.
3. Standing. Standing to bring an appeal under this chapter is limited to the following persons:
a. The applicant and the owner of property to which the permit decision is directed.
b. Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:
i. The order, determination, or decision has prejudiced or is likely to prejudice that person;
ii. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and
iii. The appellant has exhausted his or her administrative remedies to the extent required by law.
B. Appeals to superior court. Appeals to the hearing examiner shall be made pursuant to Chapter 2.32 KCC. The decision of the hearing examiner shall be final and conclusive unless, within 21 calendar days of the hearing examiner’s decision, an appeal is filed with the King County superior court. When the last day of the appeal period so computed is a Saturday, Sunday, or city holiday, the period shall run until the next business day.
(Ord. No. 3415, § 2, 8-4-98; Ord. No. 3622, § 1, 10-1-02; Ord. No. 3690, § 1, 5-4-04; Ord. No. 3956, § 1, 5-18-10; Ord. No. 4081, § 1, 5-21-13; Ord. No. 4202, § 1, 5-17-16; Ord. No. 4387, § 1, 12-8-20; Ord. No. 4463, § 1, 5-16-23. Formerly 14.01.100)