Chapter 17.14
CONSTRUCTION ADMINISTRATIVE CODE Revised 6/17

Sections:

17.14.010    Adoption. Revised 6/17

17.14.020    Appeals. Revised 6/17

17.14.010 Adoption. Revised 6/17

The Construction Administrative Code is hereby adopted as follows:

SECTION 101

GENERAL

101.1 Title. These regulations shall be known as the Construction Administrative Code of the city of Mercer Island, hereinafter referred to as “this code”.

101.2 Purpose. The purpose of this chapter is to provide for the administration, organization and enforcement of the construction codes adopted by the city.

101.3 Scope. The provisions of this Construction Administrative Code shall apply to building, plumbing, and mechanical permits and the following “Construction Codes”:

2015 International Building Code – Chapter 51-50 WAC

2015 International Residential Code – Chapter 51-51R WAC

2015 International Mechanical Code – Chapter 51-52 WAC

2015 National Fuel Gas Code (ANSI Z223.1/NFPA 54) – Chapter 51-52 WAC

2014 Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC

2015 International Fuel Gas Code – Chapter 51-52 WAC

2015 Uniform Plumbing Code – Chapter 51-56 and 51-57 WAC

2014 National Electrical Code as adopted and amended by the Washington Cities Electrical Code

2015 International Existing Building Code – WAC 51-50-48000

2015 International Swimming Pool and Spa Code – WAC 51-50-3109 and WAC 51-51-0329

101.4 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.

1. “Action” means a specific response complying fully with a specific request by the jurisdiction.

2. “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.

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

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

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

6. “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.

101.5 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

101.6 Intent. The purpose of the construction codes and the Construction Administrative Code is to establish the minimum requirements to provide a reasonable level of safety, public health 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 a reasonable level of safety to fire fighters and emergency responders during emergency operations.

101.7 Referenced Codes. The codes listed in Sections 101.8 through 101.5.6 and referenced elsewhere in the construction codes and the Construction Administrative Code shall be considered part of the requirements of the construction codes and the Construction Administrative Code to the prescribed extent of each such reference.

101.8 International Building Code – Scope. The provisions of the International Building Code (IBC) shall apply to the construction, alteration, movement, 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 Residential Code.

101.9 International Residential Code – Scope. The provisions of the International Residential Code for One- and Two-Family Dwellings (IRC) 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 a separate means of egress and their accessory structures not more than three stories above grade plane in height, including adult family homes, foster family care homes and family day care homes licensed by the Washington state department of social and health services.

Exceptions:

1. Live/work units located in townhouses 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 of the International Building Code where constructed under the International Residential Code for One- and Two-family Dwellings shall conform to Appendix Q.

2. 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.

3. Owner-occupied lodging houses with three to five guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-family Dwellings where equipped with a fire sprinkler system in accordance with Appendix Q.

101.10 Electrical Code – Scope. The provisions of the Mercer Island Code apply to the installation of electric conductors, electric equipment, alterations, modifications or repairs to existing electrical installations for the following:

1. Electrical conductors, electrical equipment, and electrical raceways installed within or on public and private buildings, property or other structures.

2. Signaling and communications conductors and equipment, telecommunications conductors and equipment, fiber optic cables, and raceways installed within or on public and private buildings, property or other structures.

3. Yards, lots, parking lots, and industrial substations.

4. Temporary electrical installations for use during the construction of buildings.

5. Temporary electrical installations for carnivals, conventions, festivals, fairs, traveling shows, the holding of religious services, temporary lighting of streets, or other approved uses.

6. Installations of conductors and equipment that connect to a supply of electricity.

7. All other outside electrical conductors on the premises.

8. Optional standby systems derived from portable generators.

Exception: Installations under the exclusive control of electric utilities for the purpose of communication, transmission, and distribution of electric energy located in buildings used exclusively by utilities for such purposes or located outdoors on property owned or leased by the utilities or on public highways, streets, roads, etc., or outdoors by established rights on private property.

It is the intent of this section that this code covers all premises’ wiring or wiring other than utility owned metering equipment, on the load side of the service point of buildings, structures, or any other premises not owned or leased by the utility. Also, it is the intent that this code covers installations in buildings used by the utility for purposes other than listed above, such as office buildings, warehouses, garages, machine shops, and recreational buildings which are not an integral part of a generating plant, substation, or control center.

101.11 Gas Code – Scope. The provisions of the International Fuel Gas Code (IFGC) shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems and related accessories in accordance with Sections 101.2.1 through 101.2.5, except those regulated by the International Residential Code (IRC) and those utilizing LPG.

101.12 Mechanical Code – Scope. The provisions of the International Mechanical Code (IMC) 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 within buildings. The IMC 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.

Exceptions:

1. 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.

2. The standards for liquefied petroleum gas (LPG) installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code).

101.12.1 Other authorities. In addition to the IMC, provisions of Chapter 480-93 WAC regarding gas pipeline safety may also apply to single meter installations serving more than one building. The provisions of Chapter 480-93 WAC are enforced by the Washington Utilities and Transportation Commission.

101.13 Plumbing Code – Scope. The provisions of the Uniform Plumbing Code (UPC) shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.

101.14 Property maintenance. The provisions of the Uniform Housing Code (UHC) shall apply to existing structures to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the use and occupancy, location, and maintenance of all residential buildings and other structures within this jurisdiction.

101.15 Dangerous buildings. The provisions of the Uniform Code for the Abatement of Dangerous Buildings (UCADB) shall apply to all dangerous buildings, as defined in the UCADB, which are now in existence or which may hereafter become dangerous in this jurisdiction. The purpose of the UCADB is to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the International Building Code, International Residential Code, Uniform Housing Code or otherwise available by law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants and may be required to be repaired, vacated, abated or demolished.

101.16 Fire prevention. The provisions of the International Fire Code (IFC) shall apply to matters affecting or relating to structures, processes, premises and safeguards from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy or operation of structures or premises; from matters related to the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation; and from conditions affecting the safety of fire fighters and emergency responders during emergency procedures.

101.17 Energy Code – Scope. The provisions of the Washington State Energy Code (WSEC) shall apply to all matters governing the design and construction of buildings for energy efficiency. Chapter 51-11R WAC applies to residential buildings, building sites, associated systems and equipment, and Chapter 51-11C WAC applies to commercial buildings, building sites, associated systems and equipment.

101.18 Ventilation. The provisions of the mechanical code shall apply to all occupancies to govern minimum requirements for ventilation.

101.19 International Existing Building Code – Scope. The provisions of the International Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

101.20 International Swimming Pool and Spa Code (ISPSC) – Scope. The provisions of this 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. Swimming pools, spas and other aquatic recreation facilities shall comply with the ISPSC, where the facility is one of the following, except that public swimming pool barriers are regulated by WAC 246-260-031(4):

1. For the sole use of residents and invited guests at a single-family dwelling;

2. For the sole use of residents and invited guests of a duplex owned by the residents; or

3. Operated exclusively for physical therapy or rehabilitation and under the supervision of a licensed medical practitioner.

All other “water recreation facilities” as defined in RCW 70.90.110 are regulated under chapters 246-260 and 246-262 WAC.

SECTION 102

APPLICABILITY

102.1 General.

1. 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 the construction codes specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in RCW 19.27 shall govern.

2. New Installations. The adopted construction codes apply to new installations.

Exception: If an electrical, plumbing or mechanical permit application is received after the adopted construction codes have taken effect, but is identified with a building permit application received prior to the effective date of the ordinance codified in this chapter, all applicable codes adopted and in force at the time of a complete building permit application will apply.

3. Existing installations. Lawfully installed existing installations that do not comply with the provisions of the adopted construction codes shall be permitted to be continued without change, except as is specifically covered in this chapter, the International Existing Building Code, the Uniform Housing Code, the International Fire Code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the 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.

4. 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 the adopted construction codes 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 systems and equipment. To determine compliance with this provision, the code official shall have the authority to require that the systems and equipment be re-inspected.

5. 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 the adopted construction codes, without requiring those portions of the existing building or system not being altered or modified to comply with all the requirements of the adopted construction codes, except as is specifically covered in this chapter, the International Existing Building Code, the Uniform Housing Code, the International Fire Code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 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.

102.2 Other laws. The provisions of the construction codes and the Construction Administrative Code shall not be deemed to nullify any provisions of local, state or federal law.

102.3 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 the construction codes.

102.4 Existing structures and installations. The legal occupancy of any structure existing on the date of adoption of the construction codes shall be permitted to continue without change, except as is specifically covered in this chapter, the International Existing Building Code, the Uniform Housing Code, the International Fire Code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

102.5 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine where the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by the International Existing Building Code, the building official shall require the building to meet the requirements of Section 1612 of the International Building Code.

102.6 Preliminary meeting. When requested by the permit applicant or the building official, the building official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work or change of occupancy in order to establish the specific applicability of the provisions of this code.

Exception: Repairs and Level 1 alterations.

102.7 Building evaluation. The building official is authorized to require an existing building to be investigated and evaluated by a registered design professional based on the circumstances agreed upon at the preliminary meeting. The design professional shall notify the code official if any potential nonconformance with the provisions of this code is identified.

102.8 Maintenance. Structures and installations, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe condition. Devices or safeguards which are required by this code shall be maintained in compliance with the code edition under which they were constructed or installed. The owner or the owner’s designated agent shall be responsible for maintenance of structures and installations. To determine compliance with this provision, the building official shall have the authority to require an installation to be reinspected.

102.9 Added electrical wiring. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of this chapter in force at the time the additions were made.

102.10 Moved buildings. Buildings or structures moved into or within a jurisdiction shall comply with the provisions of this Code, the International Existing Building Code when applicable, the International Residential Code (Chapter 51-51 WAC), the International Building Code (Chapter 51-50 WAC), the International Mechanical Code (Chapter 51-52 WAC), the International Fire Code (Chapter 51-54 WAC), the Uniform Plumbing Code and Standards (Chapters 51-56 and 51-57 WAC), and the Washington State Energy Code (Chapter 51-11 WAC).

Exception: Group 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 foundations.

See MICC 19.09.080, Moving of buildings, for additional requirements.

102.11.1 Moved Buildings, Electrical

1. Nonresidential buildings or structures moved into or within the jurisdiction must be inspected to ensure compliance with current requirements of this chapter.

2. Residential buildings or structures wired in the U.S., to NEC requirements, and moved into the jurisdiction must be inspected to ensure compliance with the NEC requirements in effect at the time and place the original wiring was made. The building or structure must be inspected to ensure compliance with all current requirements of chapter 19.28 RCW and the rules developed by the department if:

a. The original occupancy classification of the building or structure is changed as a result of the move; or

b. The building or structure has been substantially remodeled or rehabilitated as a result of the move.

3. Residential buildings or structures wired in Canada to Canadian Electrical Code (CEC) standards and moved into the jurisdiction must be inspected to ensure compliance with the following minimum safety requirements:

a. Service, service grounding, and service bonding must comply with this Code.

b. Canadian Standards Association (CSA) listed Type NMD cable is allowed with the following qualifications:

i. CSA listed Type NMD cable, American Wire Gauge #10 and smaller installed after 1964 utilizing an equipment grounding conductor smaller than the phase conductors, must be:

(1) Replaced with a cable utilizing a full-size equipment grounding conductor; or

(2) Protected by a ground fault circuit interrupter protection device.

ii. CSA listed Type NMD cable, #8 AWG and larger, must:

(1) Utilize an equipment grounding conductor sized according to the requirements of the NEC in effect at the time of the installation;

(2) Be protected by a ground fault circuit interrupter protection device; or

(3) Be replaced.

c. Other types of wiring and cable must be:

i. Replaced with wiring listed or field evaluated in accordance with U.S. standards by a laboratory approved by the department; or

ii. Protected by a ground fault circuit interrupter protection device and arc fault circuit protection device.

d. Equipment, other than wiring or panelboards, manufactured and installed prior to 1997 must be listed and identified by laboratory labels approved by the department or CSA labels.

e. All panelboards must be listed and identified by testing laboratory labels approved by the department with the following qualifications:

i. CSA listed panelboards labeled “Suitable for Use as Service Equipment” will be considered to be approved as “Suitable for Use only as Service Equipment.”

ii. CSA listed panelboards must be limited to a maximum of 42 circuits.

iii. CSA listed panelboards used as lighting and appliance panelboards as described in the NEC, must meet all current requirements of the NEC and this chapter.

f. Any wiring or panelboards replaced or changed as a result of the move must meet current requirements of chapter 19.28 RCW and this chapter.

g. The location, type, and ground fault circuit interrupter protection of receptacles and equipment in a bathroom, kitchen, basement, garage, or outdoor area must meet the Washington requirements in effect at the time the wiring was installed.

h. 4, 15-ampere, kitchen small appliance circuits will be accepted in lieu of 2, 20-ampere, kitchen small appliance circuits. Receptacles will not be required to be added on kitchen peninsular or island counters.

i. Spacing requirements for all other receptacles must meet the Washington State requirements in effect at the time the wiring was installed.

j. Receptacles installed above baseboard or fixed wall space heaters must be removed and the outlet box covered with a blank cover. The receptacle is required to be relocated as closely as possible to the existing location.

k. Lighting outlet and switch locations must meet the Washington requirements in effect at the time the wiring was installed.

l. Dedicated 20-ampere small appliance circuits are not required in dining rooms.

m. Electric water heater branch circuits must be adequate for the load.

n. The location, type, and circuit protection of feeders must meet the Washington State requirements in effect at the time the wiring was installed.

102.12 Referenced codes and standards. The codes and standards referenced in the construction codes shall be considered part of the requirements of the construction codes to the prescribed extent of each such reference. Where differences occur between provisions of the construction codes and referenced codes and standards, the provisions of the construction codes shall apply.

Exception. Where enforcement of a code provision would violate the conditions of the listing of equipment or an appliance, the conditions of the listing and the manufacturer’s installation instructions shall apply.

102.13 Partial invalidity. In the event that any part or provision of the construction codes 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.

102.14 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing or proposed structure or installation, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the building official.

102.15 Structures in Areas of Special Flood Hazard. Buildings located in Areas of Special Flood Hazard shall be regulated under the International Building Code, the International Residential Code or the Mercer Island City Code.

SECTION 103

ENFORCEMENT AUTHORITY

103.1 Development Services Group. The Development Services Group of the City of Mercer Island shall be responsible for enforcement of the construction codes, under the administrative and operational control of the building official, who shall be designated by the code official (as defined by MICC 19.16.010); provided, the fire marshal or his or her designee shall be responsible for enforcement of the International Fire Code.

103.2 Building official. The building official is responsible for administration and interpretation of the Construction Administrative Code and the Construction Codes, except that the fire marshal or his or her designee shall be responsible for administration and interpretation of the International Fire Code.

103.3 Deputies. The building official may delegate authority to a deputy building official, related technical officers, code enforcement officers, inspectors, plan examiners or other City employees. Such employees shall have powers as delegated by the building official.

SECTION 104

DUTIES AND POWERS OF BUILDING OFFICIAL

104.1 General. The building official is hereby authorized and directed to administer, interpret and enforce the provisions of this Construction Administrative Code and all construction codes except the International Fire Code. The building official shall have the authority to render interpretations of said codes and to adopt policies and procedures in order to clarify the application of their provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of the codes and shall not have the effect of waiving requirements specifically provided for in the codes.

104.1.1. Liability. The building official, hearing examiner, or employee charged with the enforcement of this code, while acting 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 while acting in good faith and without malice and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

104.2 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 the construction codes and the Construction Administrative Code.

104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with the construction codes and the Construction Administrative Code.

104.3.1 Tagging of buildings. Following a city of Mercer Island – issued formal declaration of emergency, the building official may be authorized to evaluate and provide building safety evaluations. Evaluations shall generally follow standards from the Applied Technology Council ATC 20, ATC 20-1, or ATC 45 manuals. The procedure shall allow for the tagging of buildings as “Inspected,” “Limited Entry” or “Unsafe.” Notice of orders pertaining to dangerous buildings and appeal procedures established under adopted building codes shall not apply under official declarations of emergency.

104.4 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.

104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under the construction codes and the Construction Administrative Code.

104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of the construction codes and the Construction Administrative 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 the construction codes and the Construction Administrative 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 the construction codes and the Construction Administrative 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.

Where the building official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent or occupant or person have charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to the applicable construction code.

104.7 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.

104.8 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

104.8.1 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.

104.9 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the construction codes and the Construction Administrative 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 special individual reason makes the strict letter of the construction codes and the Construction Administrative Code impractical and the modification is in compliance with the intent and purpose of the construction codes and the Construction Administrative 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.

104.10 Alternative materials, design and methods of construction and equipment. The provisions of the construction codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the construction codes, provided that any such alternative has been approved by the building official. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of the construction codes, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the construction codes in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative 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. 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.

104.10.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the construction codes, shall consist of valid research reports from approved sources.

104.10.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of the construction codes, or evidence that a material or method does not conform to the requirements of the construction codes, 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 jurisdiction. Test methods shall be as specified in the construction codes 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.

SECTION 105

PERMITS

105.1 Required. Any owner or 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 electrical, gas, mechanical or plumbing system, the installation of which is regulated by the construction codes and the Construction Administrative Code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

105.1.1 Annual Permit. Instead of an individual construction permit for each plumbing, mechanical or electrical alteration to an already approved system or equipment or application installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.

The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.

105.1.2 Electrical permit required. In accordance with Chapter 19.28 RCW, an electrical permit is required for the following installations:

1. The installation, alteration, repair, replacement, modification or maintenance of all electrical systems, wire and electrical equipment regardless of voltage.

2. The installation and/or alteration of low voltage systems defined as:

a. NEC, Class 1 power limited circuits at 30 volts maximum.

b. NEC, Class 2 circuits powered by a Class 2 power supply as defined in NEC 725.41(A).

c. NEC, Class 3 circuits powered by a Class 3 power supply as defined in NEC 725.41(A).

3. Telecommunications Systems.

a. All installations of telecommunications systems on the customer side of the network demarcation point for projects greater than ten telecommunications outlets.

b. All backbone installations regardless of size and all telecommunications cable or equipment installations involving penetrations of fire barriers or passing through hazardous locations require permits and inspections.

c. The installation of greater than ten outlets and the associated cables along any horizontal pathway from a telecommunications closet to work areas during any continuous ninety-day period requires a permit and inspection.

d. In Residential Groups R-1 and R-2 occupancies as defined in the International Building Code, permits and inspections are required for all backbone installations, all penetrations of fire-resistive walls, ceilings and floors; and installations of greater than ten outlets in common areas.

e. Definitions of telecommunications technical terms will come from Chapter 19.28 RCW, the currently adopted WAC rules, EIA/TIA standards, and the National Electrical Code.

105.1.2 Grading permit required. No person shall do any grading without first obtaining a grading permit from the building official.

105.2 Work exempt from permit. Exemptions from permit requirements related to the construction codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the construction codes or any other laws or ordinances of this jurisdiction. Permit exemptions shall not apply to Areas of Flood Hazard and City Land Use Critical Areas. Permits shall not be required for the following:

Public service agencies or Work in the Public Way.

1. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies established by right.

2. A permit shall not be required for work located primarily in a public way, public utility towers and poles (but not exempting wireless communications facilities not located in a public way) and hydraulic flood control structures.

Grading.

1. An excavation below existing finished grade for basements and footings of an existing building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any excavation having an unsupported height greater than 5 feet.

2. An excavation of less than 50 cubic yards of materials which:

a. is less than 2 feet in depth and/or

b. which does not create a cut slope of a ratio steeper than two horizontal to one vertical.

3. A fill of less than 50 cubic yards of material which is less than 1 foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical.

Building.

1. One-story detached accessory structures constructed under the provisions of the IRC used as tool and storage sheds, tree supported play structures, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2).

2. Fences not over 6 feet (1,829 mm) high.

3. Oil derricks.

4. Retaining walls and rockeries which are not over 4 feet (1,219 mm) 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 (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1.

6. Sidewalks, decks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

7. In-kind re-roofing of one- and two-family dwellings provided the roof sheathing is not removed or replaced.

8. Painting, non-structural wood and vinyl siding, papering, tiling, carpeting, cabinets, counter tops and similar finish work, provided that existing, required accessible features are not altered.

9. Temporary motion picture, television and theater stage sets and scenery.

10. Prefabricated swimming pools accessory to one- and two-family dwellings or Group R-3 occupancy which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.

11. Shade cloth structures constructed for garden nursery or agricultural purposes and not including service systems.

12. Swings, slides and other similar playground equipment.

13. Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of a one- and two-family dwelling or a Group R-3 or U occupancy.

14. Movable cases, counters and partitions not over 5 feet 9 inches (1,753 mm) in height.

15. Satellite earth station antennas 6-1/2 feet (2 m) or less in diameter in zones other than residential zones.

16. Satellite earth station antennas 3-1/4 feet (1 m) or less in diameter in residential zones.

17. Video programming service antennas 3-1/4 feet (1 m) or less in diameter or diagonal dimension, regardless of zone.

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

19. In-kind window replacement for IRC structures where no alteration of structural members is required and when the window U-values meet the prescriptive requirements within the Washington State Energy Code.

20. 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.

21. Flag and light poles that do not exceed 20 feet in height. (An electrical permit may still be required.)

Electrical.

1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the National Electrical Code.

2. Repair or replacement of fixed motors, transformers or fixed approved appliances or devices rated fifty amps or less which are like-in-kind in the same location.

3. Temporary decorative lighting, when used for a period not to exceed ninety days and removed at the conclusion of the ninety-day period.

4. Repair or replacement of current-carrying parts of any switch, conductor or control device which are like-in-kind in the same location.

5. Repair or replacement of attachment plug(s) and associated receptacle(s) rated fifty amperes or less which are like-in-kind in the same location.

6. Repair or replacement of any over-current device which is like-in-kind in the same location.

7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

8. Removal of electrical wiring.

9. Telecommunications Systems as follows:

a. Telecommunications outlet installations within individual dwelling units.

b. The installation or replacement of cord and plug connected telecommunications equipment or for patch cord and jumper cross-connected equipment.

10. Listed wireless security systems where power is supplied by a listed Class 2 plug in transformer installed within dwelling units. This exemption includes wireless fire alarm systems that are not otherwise required by this code or the fire code official.

11. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

12. Portable generators serving only cord and plug connected loads supplied through receptacles on the generator rated at four thousand watts or less.

13. Travel trailers.

14. Like-in-kind replacement of one or more of the following: contactor, relay, timer, starter, circuit board, or similar control component; household appliance; circuit breaker; fuse; residential luminaire; lamp; snap switch; dimmer; receptacle outlet; thermostat; heating element; luminaire ballast with an exact same ballast; component(s) of electric signs, outline lighting, skeleton neon tubing when replaced on-site by an appropriate electrical contractor and when the sign, outline lighting or skeleton neon tubing electrical system is not modified; ten horsepower or smaller motor; and induction detection loops described in WAC 296-46B-300(2) and used to control gate access devices.

Mechanical.

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

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment 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 (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

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

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 the construction codes.

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 pre-fabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes.

105.2.1 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.

105.2.2 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 an 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.

105.3 Application for permit.

To obtain a permit, the applicant shall first file a complete application in writing on a form furnished by the building department for that purpose or on-line by an electronic application furnished by the building department for that purpose. Such application shall:

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

2. 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.

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

4. Be accompanied by construction documents and other information as required in Section 107.

5. State the valuation of the proposed work.

6. Be signed by the applicant or the applicant’s authorized agent.

7. Give such other data and information as required by the building official.

105.3.1 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 or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of the construction codes and the Construction Administrative Code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

105.3.2 Time limitation of application.

1. 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.

2. 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.

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

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

b. 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

c. 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.

105.3.3 Verification of contractor registration. Prior to issuance of a permit for work which is to be done by a contractor required to be registered pursuant to RCW 18.27, the applicant shall provide the City with the contractor’s registration number and Mercer Island business license number and any other information determined necessary by the City to allow verification that such contractor is currently registered as required by law.

105.4 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 the construction codes and the Construction Administrative Code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of the construction codes and the Construction Administrative Code or other ordinances of the jurisdiction 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 the construction codes and the Construction Administrative Code or of any other ordinances of this jurisdiction.

105.5 Expiration.

1. 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.

2. Every permit that has been expired for one year or less may be renewed for a period of one year for an additional fee as long as no changes have been made to the originally approved plans. For permits that have been expired for longer than one year, a new permit must be obtained and new fees paid. No permit shall be renewed more than once.

3. Electrical, 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 electrical, mechanical and/or plumbing permit shall expire 180 days from issuance.

4. The building official may authorize a 30-day extension to an expired permit for the purpose of performing a final inspection and closing out the permit as long as not more than 180 days has passed since the permit expired. The 30-day extension would commence on the date of written approval. If work required under a final inspection is not completed within the 30-day extension period, the permit shall expire. However, the building official may authorize an additional 30-day extension if conditions outside of the applicant’s control exist and the applicant is making a good faith effort to complete the permitted work.

105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of the construction codes and the Construction Administrative 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 the construction codes and the Construction Administrative Code.

105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. For access to permit for inspections, see Section 110.6.

105.8 Simultaneous issuance of permits. Land clearing, building demolition, and grading permits will not be issued prior to the issuance of a building permit when a separate land clearing, building demolition, or grading permit is required; provided, however, that after due consideration of the specific circumstances of the project the building official may issue such permits prior to issuance of a building permit, otherwise all permits are to be issued simultaneously.

SECTION 106

FLOOR AND ROOF DESIGN LOADS

106.1 Live Loads Posted. Where the live load for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40kN/m²), such design live load shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs required by Section 106.1 have been installed.

106.3 Restrictions on loading. It shall be unlawful to place, cause or permit to be placed, on any floor or room of a building, structure or portion thereof, a load greater than is permitted by this code.

SECTION 107

SUBMITTAL DOCUMENTS

107.1 Submittal documents. Submittal documents consisting of construction documents, statement of special inspection and structural observation programs, engineering reports and calculations, diagrams and other data shall be submitted with each permit 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 requirement for submission of construction documents and other data 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 the construction codes.

107.2 Construction documents. Construction documents shall be in accordance with sections 107.2.1 through 107.2.5.

107.2.1 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 the construction codes and the Construction Administrative 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.

107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with the construction codes, the Construction Administrative 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.

107.2.3 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 the construction codes. In other than one- and two-family dwellings and in Groups R-2, R-3, and I-1 occupancies, the construction documents shall designate the number of occupants to be accommodated on every floor and in all rooms and spaces.

107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with the construction codes. 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 membranes; 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, one- and two-family dwellings and Group R-3 and U occupancies may be exempt from the detailing requirements of this section.

107.2.4.1 Building enclosure design requirements of Revised Code of Washington (RCW) 64.55 (otherwise known as Engrossed House Bill (EHB) 1848).

Building enclosure design documents of new or rehabilitated multifamily buildings that are subject to regulations of Engrossed House Bill 1848 must be submitted at the time of permit application. All applications for building construction or rehabilitation shall include design documents prepared and stamped by an architect or engineer that identify the building enclosure (building enclosure documents), including but not limited to waterproofing, weather proofing and/or otherwise protected from water or moisture intrusion, unless a recorded irrevocable sale prohibition covenant is submitted to the City.

The city is prohibited from issuing a permit for construction or rehabilitative construction unless the building enclosure documents contain a stamped statement by the person stamping the building enclosure design documents in substantially the following form, “The undersigned has provided building enclosure documents that in my professional judgment are appropriate to satisfy the requirements of sections 1 through 10 of EHB 1848”. The city is not responsible for determining whether the building enclosure design documents or the inspections performed are adequate or appropriate to satisfy the requirements of the act.

See MICC 19.08.060, Condominium conversions, for additional requirements.

107.2.5 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; 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 is 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 an alteration or repair or when otherwise warranted.

107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1 of the IBC.

107.2.6 Electrical.

1. Electrical Engineer. Electrical plans for the following installations shall be prepared by or under the direction of an electrical engineer registered under Chapter 18.43 RCW, and Chapters 392-344, 246-320, and 388-97 WAC. All electrical plans must bear the engineer’s stamp and signature.

a. All educational facilities, hospitals and nursing homes;

b. All services or feeders rated 1,600 amperes or larger;

c. All installations identified in the National Electrical Code requiring engineering supervision;

d. As required by the building official for installations which by their nature are complex, hazardous or pose unique design problems.

2. Information on construction documents. Construction documents shall identify the name and classification of the facility and clearly show the electrical installation or alteration in floor plan view, include all switchboard and panelboard schedules and when a service or feeder is to be installed or altered, must include a riser diagram, load calculation, fault current calculation, and interrupting rating of equipment.

3. Penetrations. Construction documents shall indicate where penetrations will be made for electrical systems and shall indicate the materials and methods for maintaining required structural safety, fire-resistance rating and fire-blocking.

4. Load calculations. Where an addition or alteration is made to an existing electrical system, an electrical load calculation shall be prepared to determine if the existing electrical service has the capacity to serve the added load.

5. Plan review required. Electrical plan review is required for all new or altered electrical projects in the following occupancies and/or installations:

a. Educational, institutional, or health care facilities/buildings as follows:

Hospital

Nursing home unit or long-term care unit

Boarding home

Assisted living facility

Private alcoholism hospital

Alcoholism treatment facility

Private psychiatric hospital

Maternity home

Ambulatory surgery facility

Renal hemodialysis clinic

Residential treatment facility for psychiatrically impaired children and youth

Adult residential rehabilitation center

Educational facilities

Institutional facilities

Exceptions:

1. Electrical Plan review is not required for the above educational, institutional, or health care facilities buildings where:

a. Lighting specific projects that result in an electrical load reduction on each feeder involved in the project;

b. Low voltage systems;

c. Modification to existing electrical installations where all of the following conditions are met:

i. Service or distribution equipment involved is rated less than 100 amperes and does not exceed 250 volts;

ii. Does not involve emergency systems other than listed unit equipment per NEC 700.12(F);

iii. Does not involve branch circuits or feeders of an essential electrical system as defined in NEC 517.2; and

iv. Service and feeder load calculations are increased by 5% or less.

d. Stand-alone utility fed services that do not exceed 250 volts, 100 amperes where the project’s distribution system does not include:

i. Emergency systems other than listed unit equipment per NEC 700.12(F);

ii. Critical branch circuits or feeders as defined in NEC 517.2; or

iii. A required fire pump system.

2. Alterations in non-residential occupancies 2,500 square feet and greater.

3. Installations in occupancies, except one and two family dwellings, where a service or feeder rated 100 amperes or greater is installed or altered or if more than 100 amperes is added to the service or feeder.

4. All work on electrical systems operating at/over 600 Volts.

5. All commercial generator installations or alterations.

6. All work in areas determined to be hazardous (classified) location by the NEC.

7. If 60% or more of luminaires change.

8. Installations of switches or circuit breakers rated four hundred amperes or over except for one and two family dwellings.

9. Wind driven generators.

10. Solar photovoltaic systems.

11. Any proposed installation which cannot be adequately described in the application form.

107.2.7 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.

107.2.8 Mechanical.

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.

107.3 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 the construction codes, the Construction Administrative Code, and other pertinent laws or ordinances.

107.3.1 Use of consultants. Whenever review of a building permit application requires retention by the jurisdiction for professional consulting services, the applicant shall reimburse to the jurisdiction the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The jurisdiction may require the applicant to deposit an amount with the jurisdiction estimated in the discretion of the building official to be sufficient to cover anticipated costs to retaining professional consultant services and to ensure reimbursement for such costs.

107.3.2 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.

107.3.3 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 state-

ments have been filed complying with pertinent requirements of the construction codes and the Construction Administrative 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.

107.4 Design professional in responsible charge.

107.4.1 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 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 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 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 inspection program shall name the individual or firms who are to perform structural observations and describe the stages of construction at which structural observation is to occur (see also other duties specified in Chapter 17 of the IBC).

107.4.2 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 indicate the list of 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 have 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.

107.5 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 is authorized to charge an additional plan review fee to evaluate revisions to the approved construction documents.

107.6 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 or as required by state or local laws.

SECTION 108

TEMPORARY STRUCTURES AND USES

108.1 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:

1. 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. “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. A temporary growing structure is not considered a building for purposes of this code.

2. The provisions of this code do not apply to the construction, alteration, or repair of temporary worker housing except as provided by rule adopted under Chapter 70.114A RCW or Chapter 37, Laws of 1998 (SB 6168). “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.

3. The building official may authorize unheated tents and yurts under 500 square feet accommodating R-1 occupancy for recreational use as a temporary structure and allow them to be used indefinitely.

108.2 Electrical. If the building official finds that the safety of life and property will not be jeopardized, permits may be issued for temporary electrical installations for use during the construction of buildings or for carnivals, conventions, festivals, fairs, the holding of religious services, temporary lighting of streets, or other approved uses. Permission to use such temporary installation shall not be granted for a greater length of time than thirty days, except that a permit for a temporary installation to be used for constructing of a building may be issued for the period of construction. Should such temporary lighting be over the street area, the proper authorization for such use of the street must first be obtained.

All such temporary installations shall be made in accordance with the requirements of this NEC; provided, that the building official may permit deviations which will not permit hazards to life or property; and further provided, that whenever such hazards are deemed by the building official to exist, the building official may at once rescind or cancel the permit covering such installation and disconnect or order the disconnection of all energy to such equipment.

108.3 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the construction codes as necessary to ensure the public health, safety and general welfare.

108.4 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.

108.5 Bonds and set-aside accounts. The building official may require a performance bond or set-aside account to be in place prior to issuance of a permit for temporary structures and temporary uses.

SECTION 109

FEES

109.1 Payment of fees. A permit shall not be valid until applicable development and construction permit fees established by City Council by resolution have been paid, nor shall an amendment to a permit be released until any additional fee required, if any, has been paid.

109.2 Schedule of permit fees. On buildings, structures, gas, mechanical, electrical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with a schedule of fees to be recommended by the building and/or code official and approved by city council by resolution.

109.3 Plan Review Fees. When submittal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the construction 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 is 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 Section 107.4.2, an additional plan review fee shall be charged at the rate set forth by resolution.

109.4 Building permit valuations. The applicant for a permit shall provide an estimated permit valuation at time of application. The determination of valuation shall be made by the building official if not clearly established by resolution.

109.5 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical, electrical or plumbing system before obtaining the necessary permits shall be subject to a stop work order and 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 paid in addition to the required permit fees.

109.6 Related fees. The payment of fees 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.

109.7 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 chapter. 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 review 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.

SECTION 110

INSPECTIONS

110.1 General. The building official is authorized to require construction or work for which a permit is required to be inspected, 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 the construction codes, the Construction Administrative Code, or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of the construction codes, the Construction Administrative Code, or of other ordinances of the jurisdiction 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 jurisdiction shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection.

110.2 Preliminary inspections. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures, installations, and sites for which an application has been filed.

110.3 Manufacturer’s installation instructions. Manufacturer’s installation instructions, as required by the construction codes, shall be available on site at the time of inspection.

110.4 Required inspections. The building official, upon notification, shall make the inspections set forth in Sections 110.4.1 through 110.4.16.

110.4.1 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.

110.4.2 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.

110.4.3 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.

110.4.4 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.

110.4.5 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.

110.4.6 IMC/UPC/Gas/NEC rough-in inspection. Rough-in mechanical, gas piping, plumbing and electrical systems shall be inspected after the roof, framing, fire-blocking and bracing are in place and all components to be concealed are complete, and if required, under test prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection. No connections to primary utilities shall be made until the rough-in work is inspected and approved. Joints and connections in the plumbing system shall be gastight and watertight for the pressures required by the test.

No test or inspection shall be required where a plumbing system, or part thereof, is set up for exhibition purposes and has no connection with a water or drainage system.

The requirements of this section shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or appliances serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure.

110.4.7 Frame inspection. Framing inspections shall be made after the roof deck or 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 dry.

110.4.8 Exterior Finish and Insulation Systems (EFIS), Lath and gypsum board inspection. EFIS, Lath and gypsum board inspections shall be made after backing, lathing or gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Interior gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly does not require inspection.

110.4.9 Fire-resistance-rated construction inspections. Where fire-resistance-rated construction is required, an inspection of such construction shall be made after lathing or gypsum board or gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished. 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.

110.4.10 Energy efficiency inspections.

110.4.10.1 Envelope. In addition to the inspections required in WAC 51-11, the following inspections are also required:

1. Wall insulation. The wall insulation inspection is to be made after exterior wall weather protection and all wall insulation and air vapor retarder sheets or film materials are in place, but before any wall covering is placed.

2. Glazing. The glazing inspection is to be made after glazing materials are installed in the building.

3. Exterior roofing insulation. The exterior roofing insulation inspection is to be made after the installation of the roofing and roof insulation, but before concealment.

4. Slab/floor insulation. The slab/floor insulation inspection is to be made after the installation of the slab/floor insulation, but before concealment.

110.4.10.2 Mechanical.

1. Mechanical equipment efficiency and economizer. The mechanical equipment efficiency and economizer inspection is to be made after all equipment and controls required by the construction codes are installed and prior to the concealment of such equipment or controls.

2. Mechanical pipe and duct insulation. The mechanical pipe and duct insulation inspection is to be made after all pipe, fire-suppression piping and duct insulation is in place, but before concealment.

110.4.10.3 Lighting and motors.

1. Lighting equipment and controls. The lighting equipment and controls inspection is to be made after the installation of all lighting equipment and controls required by the construction codes, but before concealment of the lighting equipment.

2. Motors. Motor inspections are to be made after installation of all equipment covered by the construction codes, but before concealment.

110.4.11 Electrical.

1. The installation, alteration or extension of any electrical system, fixtures or components for which a permit is required by this code shall be subject to inspection by the building official and such electrical systems, fixtures and components shall remain accessible and exposed for inspection purposes until approved by the building official. It shall be the duty of the permit applicant to cause the electrical systems to remain accessible and exposed for inspection purposes. The city shall not be liable for expenses entailed in the removal or replacement of material required to permit inspection. When the installation of an electrical system is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by the National Electrical Code shall not be connected to the energy source until authorized by the building official.

2. The building official may require special inspection of equipment or wiring methods where the installation requires special training, equipment, expertise, or knowledge. Where such special inspection is required, it shall be performed by an independent third party acceptable to the building official. The special inspection person/agency shall be designated and approved prior to beginning the installation of wiring or equipment. A written report from the designated special inspection agency indicating that the installation conforms to the appropriate codes and standards shall be received by the building official prior to that installation being approved. All costs for such testing and reporting shall be the responsibility of the permit holder.

3. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the National Electrical Code or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of the National Electrical Code or other ordinances of the city shall not be valid.

4. The building official, upon notification, shall make the inspections set forth in this section:

a. Underground. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping and conductors are installed, and before backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the raceway, cable or conductors, or where corrosive action will occur, protection shall be provided in the form of granular or selected material,

approved running boards, sleeves or other means.

b. Rough-in. Rough-in inspection shall be made after the roof, framing, fire-blocking and bracing are in place and all wiring and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes. All required equipment grounding conductors installed in concealed cable or flexible conduit systems must be completely installed and made up at the time of the rough-in cover inspection.

c. 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, which are enforced by the city.

d. Final Inspection. The final inspection shall be made after all work required by the permit is completed.

5. Traffic management systems.

a. The city will perform the electrical inspection and acceptance of traffic management systems within its jurisdiction. A traffic management system includes:

i. Traffic illumination systems;

ii. Traffic signal systems;

iii. Traffic monitoring systems;

iv. The electrical service cabinet and all related components and equipment installed on the load side of the service cabinet supplying electrical power to the traffic management system; and

v. Signalization system(s) necessary for the operation of a light rail system. A traffic management system can provide signalization for controlling vehicular traffic, pedestrian traffic, or rolling stock.    

b. The city recognizes that traffic signal conductors, pole and bracket cables, signal displays, traffic signal controllers/cabinets, and associated components used in traffic management systems are acceptable for the purpose of meeting the requirements of chapter 19.28 RCW provided they conform with the following standards or are listed on the Washington state department of transportation (WSDOT) qualified products list.

WSDOT/APWA Standard Specifications and Plans;

WSDOT Design Manual;

International Municipal Signal Association (IMSA);

National Electrical Manufacturers Association (NEMA);

Federal Standards 170/Controller Cabinets;

Manual for Uniform Road, Bridge, and Municipal Construction;

Institute of Transportation Engineers (ITE);

Manual of Uniform Traffic Control Devices (MUTCD).

c. Associated induction detection loop or similar circuits will be accepted by the department or city authorized to do electrical inspections without inspection.

d. For the licensing requirements of chapter 19.28 RCW, jurisdictions will be considered owners of traffic management systems when doing electrical work for another jurisdiction(s) under a valid interlocal agreement, as permitted by chapter 39.34 RCW. Interlocal agreements for traffic management systems must be filed with the department or city authorized to do electrical inspections prior to work being performed for this provision to apply.

e. Jurisdictions, with an established electrical inspection authority, and WSDOT may perform electrical inspection on their rights of way for each other by interlocal agreement. They may not perform electrical inspection on other rights of way except as allowed in chapter 19.28 or 39.34 RCW.

f. Underground installations.

i. In other than open trenching, raceways will be considered “fished” according to the NEC and do not require visual inspection.

ii. The department or city authorized to do electrical inspections will conduct inspections in open trenching within its jurisdiction upon request.

g. Identification of traffic management system components. Local government jurisdictions or WSDOT may act as the certifying authority for the safety evaluation of all components.

i. An electrical service cabinet must contain only listed components. The electrical service cabinet enclosure is not required to be listed but will conform to the standards in subsection (h) of this section.

ii. The local government jurisdiction must identify, as acceptable, the controller cabinet or system component(s) with an identification plate. The identification plate must be located inside the cabinet and may be attached with adhesive.

h. Conductors of different circuits in same cable, enclosure, or raceway. All traffic management system circuits will be permitted to occupy the same cable, enclosure, or raceway without regard to voltage characteristics, provided all conductors are insulated for the maximum voltage of any conductor in the cable, enclosure, or raceway.

110.4.12 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 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.

110.4.13 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 the construction codes, the Construction Administrative Code, and other laws or ordinances of the city.

110.4.14 Special inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections for any type of work related to the construction codes by an approved agency at no cost to the jurisdiction.

110.4.15 Building enclosure special inspection requirements of RCW 64.55 (otherwise known as Engrossed House Bill (EHB) 1848). EHB 1848 requires affected multiunit 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 inspected during the course of construction or rehabilitative construction and that the construction is in substantial compliance with the building enclosure design documents.

See Section 107.2.4.1 Building enclosure design requirements of RCW 64.55 (EHB 1848) for additional requirements.

110.4.16 Final inspection. The final inspection shall be made after all work required by the building permit is completed.

110.5 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.

110.6 Inspection requests. It shall be the duty of the permit holder 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 the construction codes and the Construction Administrative Code.

110.7 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 the construction codes or the Construction Administrative Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized or approved by the building official.

SECTION 111

CERTIFICATE OF OCCUPANCY

111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the construction codes, the Construction Administrative Code, or of other ordinances of the jurisdiction.

Exceptions:

1. Work exempt from permits per section 105.2.

2. 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 official or the building official’s designee.

111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of the construction codes, the Construction Administrative Code, or other laws or ordinances that are enforced by this jurisdiction, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of the construction codes and the Construction Administrative Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

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

8. The use and occupancy.

9. The type of construction.

10. The design occupant load.

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

12. Any special stipulations and conditions of the building permit.

111.3 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.

111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy issued under the provisions of the construction codes and the Construction Administrative 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 the construction codes or the Construction Administrative Code.

SECTION 112

SERVICE UTILITIES

112.1 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 the construction codes or the Construction Administrative Code for which a permit is required, until approved by the building official.

112.2 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.

112.3 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 the construction codes and the Construction Administrative Code 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 approval required by Section 112.1 or 112.2. 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 by some method prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

112.4 Connection after order to disconnect. A person shall not make energy source connections to mechanical, plumbing, or electrical systems regulated by the construction codes, which have been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such systems. Where a system is maintained in violation of the construction code, and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

SECTION 114

VIOLATIONS

114.1 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 the construction codes and the Construction Administrative Code, or cause same to be done, in conflict with or in violation of any of the provisions of the construction codes or the Construction Administrative Code.

114.2 Enforcement. Enforcement of the construction codes and the Construction Administrative Code shall be in conformance with the procedures set forth in MICC 19.15.030; provided, that references to the development code shall be deemed to refer to the Construction Administrative Code and the Construction Codes.

114.3 Enforcement Authority.

1. Development Services Group. The development services group of the city of Mercer Island shall be responsible for enforcement of the construction codes, under the administrative and operational control of the building official, who shall be designated by the code official (as defined by MICC 19.16.010); provided, the fire code official or his or her designee shall be responsible for enforcement of the International Fire Code, IBC Chapter 9 – Fire Protection Systems and IRC Appendix Q related to residential fire sprinklers.

2. Building Official. The building official is responsible for administration and interpretation of the Construction Administrative Code and the construction codes; provided, the fire code official or his or her designee shall be responsible for administration and interpretation of the fire code, IBC Chapter 9 – Fire Protection Systems and IRC Appendix Q related to residential fire sprinklers.

Whenever the term or title “administrative authority,” “responsible official,” “building official,” “chief inspector,” “code enforcement officer” or other similar designation is used in this title or in any of the construction codes, it shall be construed to mean the building official designated by the code official; provided, with regard to the International Fire Code, it shall mean the fire code official or his or her designee.

SECTION 115

STOP WORK ORDER

115.1 Authority. Whenever the building official finds any work being performed in a manner either contrary to the provisions of the construction codes, the Construction Administrative Code, or other pertinent laws or ordinances implemented through the enforcement of the construction codes and the Construction Administrative Code, the building official is authorized to issue a stop work order.

115.2 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.

115.3 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 section 109.5.

115.4 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 MICC 19.15.030.

SECTION 116

UNSAFE STRUCTURES AND EQUIPMENT

116.1 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 Uniform Code for the Abatement of Dangerous Buildings or the Uniform Housing Code. A vacant structure that is not secured against entry shall be deemed unsafe.

116.2 Restoration. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of Chapter 17.14 MICC, Section 105 and the International Existing Building Code.

SECTION 117

FEES

117.1 Fees. Fees shall be recommended by the building and/or code official and established by resolution of the Mercer Island city council for each permit required under the construction codes. No permit shall be issued until the required fees have been paid.

SECTION 118

REFERENCES TO CODES NOT ADOPTED

118.1 Corresponding Codes. Where codes and standards adopted in this title make reference to codes and standards not adopted in this title, the codes and standards not adopted shall be deemed to refer to adopted codes or standards as follows:

1. References to the International Plumbing Code shall be deemed to refer to the Uniform Plumbing Code.

2. References to the International Electrical Code shall be deemed to refer to the Washington Cities Electrical Code.

3. References to the International Property Maintenance Code shall be deemed to refer to either the Uniform Housing Code or the Uniform Code for the Abatement of Dangerous Buildings as set forth in Chapter 17.14 MICC, the Construction Administrative Code, subsection 101.5.7.

4. References to the International Energy Conservation Code shall be deemed to refer to the Washington State Energy Code.

118.2 Codes and Standards Not Referenced – Coordination of Section References. In the event of references in a code, standard, or section that do not correlate accurately to adopted codes, standards, or sections, the building official shall determine the code, standard or section that most closely correlates.

SECTION 119

APPLICABILITY OF CODES

119.1 Applicability of codes. For mechanical, electrical or plumbing permit applications submitted after the ordinance codified in this title has taken effect, but related to the scope of work identified in a building permit application that was complete prior to the effective date of the ordinance codified in this chapter, all applicable construction codes adopted and in force at the time of filing of the complete building permit application will apply.

(Ord. 17C-12 § 4; Ord. 16C-04 § 11; Ord. 15C-14 § 2; Ord. 13C-06 § 10; Ord. 10C-03 § 11; Ord. 07C-04 § 12; Ord. 04C-12 § 4).

17.14.020 Appeals Revised 6/17

A. Appeals to Hearing Examiner.

1. Appeals of orders, decisions and determinations of the building or fire code official issued pursuant to MICC Title 15 or this title that do not constitute enforcement actions shall be heard and decided by the city of Mercer Island hearing examiner pursuant to this section and Chapter 3.40 MICC.

2. To the extent the codes adopted by reference in this title refer to a “board of appeals” or a “building board of appeals,” those references shall be deemed to refer to the city of Mercer Island hearing examiner.

B. Limitations on Authority. An appeal shall be based on a claim that the true intent of this chapter or the technical codes adopted in this title (the “technical codes”) or the rules legally adopted thereunder have been incorrectly interpreted, that the provisions of this chapter or the technical codes do not apply or that an equally good or better form of construction, method of protection or safety is proposed. The hearing examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the hearing examiner have the authority to waive requirements of either this code or of other codes, appendices and referenced code standards adopted by or through this code.

On its own motion or on the motion of a party, the hearing examiner shall dismiss an appeal for lack of jurisdiction or authority.

C. Who Can Appeal, When to Appeal and Appeal Fee. For the purposes of this chapter, “appellant” shall be defined as the applicant and the owner of property to which the permit decision is directed, or anyone who is adversely affected by the order, determination, or decision. An appellant shall file an appeal of the order, decision or determination of the building or fire code official with the city clerk within 14 days of the date of the decision of the building or fire code official, using a form provided by the city. An appeal fee established by resolution shall be payable at the time an appeal is submitted. Failure to timely file the appeal or pay the appeal fee shall result in dismissal of the appeal.

D. Contents of Appeal. At a minimum, the written filing of an appeal shall contain:

1. A clear reference to the matter being appealed, including code citations for the section(s) of code subject to the appeal;

2. A statement of the specific objections to the building or fire code official’s order, decision or determination disputed by the appellant; and

3. The relief sought by the appellant.

E. Notice of the Appeal Hearing.

1. The building official shall prepare a notice of the appeal hearing containing the following:

a. The file number and a brief description of the matter being appealed;

b. A statement of the scope of the appeal including a summary of the elements of the building or fire code official’s order, decision or determination that are contested in the appeal;

c. The time and place of the hearing on appeal before the hearing examiner; and

d. A statement of who may participate in the appeal.

2. At least 15 days before the hearing on the appeal, the building official shall send a copy of the notice of appeal hearing to each person who has appealed the building or fire code official’s order, decision or determination.

F. Participation in the Appeal. Only those parties who have appealed the building or fire code official’s order, decision or determination may participate in the appeal. Appellants may participate in either or both of the following ways:

1. By submitting written comments or testimony to the hearing examiner prior to the commencement of the hearing; or

2. By appearing in person, or through a representative, at the hearing. The hearing examiner may reasonably limit the extent of oral testimony or oral argument to facilitate the orderly and timely conduct of the hearing.

G. Scope of Appeal. The appeal will be an open record appeal hearing. The scope of the appeal is limited to the specific elements of the building or fire code official’s order, decision or determination disputed by the appellant and the hearing examiner shall only consider comments, testimony and arguments on these specific elements. (Ord. 17C-12 § 4).