Chapter 13.100
GENERAL PROVISIONS
Sections:
13.100.010 Purpose and scope.
13.100.020 Definitions.
13.100.030 Modifications.
13.100.040 Alternate materials, design and methods of construction and equipment.
13.100.050 Duties and powers of Building Official, Fire Chief and Director of Public Works.
13.100.060 Permits.
13.100.070 Permit and plan review fees.
13.100.100 Appeals.
13.100.110 Stop work orders.
13.100.120 Violations not subject to the notice and order procedures.
13.100.010 Purpose and scope.
A. The purpose of this chapter is to provide additional administrative and enforcement provisions for the adopted technical codes within the City of SeaTac.
B. The provisions of this chapter serve as a supplement to the administrative and enforcement procedures found in the other adopted technical codes. In case of a conflict between these provisions and those found in any of the other technical codes, these provisions shall apply.
C. Pursuant to an interlocal agreement entered into by and between the City and the Port of Seattle, pursuant to Resolution No. 00-022 and Port Resolution No. 3445, respectively, effective January 1, 2000, and commencing through September 4, 2007, the City recognizes concurrent authority of the Port to administer, implement, and enforce the technical codes and standards adopted in this title and defers to the Port’s exercise of such jurisdiction as to development projects on Port-owned property within the City which are for airport uses, as that term is defined in the September 4, 1997, interlocal agreement between the City and the Port. (Ord. 04-1008 § 3)
13.100.020 Definitions.
For the purposes of this chapter, the following definitions shall apply unless the context thereof shall clearly indicate to the contrary:
A. “Building official” means the person charged with the administration and enforcement of the technical codes or a regularly authorized deputy.
B. “Building service equipment” means the plumbing, mechanical, electrical and elevator equipment, fire suppression systems, fuel tanks, including piping, wiring, fixtures and other accessories which provide sanitation, lighting, power, heating, ventilation, cooling, refrigeration, fire-fighting and transportation facilities essential to the occupancy of the building or structure for its designated use.
C. “Dwelling” means a building that contains one (1) or two (2) dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
D. “Technical codes” means those codes adopted by this title containing the provisions for design, construction, alteration, moving, demolition, repair, removal, use, location, occupancy and maintenance of buildings, structures and building service equipment. Where no applicable standards or requirements are set forth in this title, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the City of SeaTac, technical codes may also include applicable standards of the National Fire Protection Association or other nationally recognized standards approved by the Building Official.
E. “Valuation” or “value” means, as applied to a building and its building service equipment, the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. (Ord. 04-1008 § 3)
13.100.030 Modifications.
Wherever there are practical difficulties involved in carrying out the provisions of the technical codes, the Building Official shall have the authority to grant modifications for individual cases, upon a request by the owner or owner’s representative, provided the Building Official shall first find that a special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of the technical codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of any action granting modifications shall be recorded and entered in the files of the building division. (Ord. 04-1008 § 3)
13.100.040 Alternate materials, design and methods of construction and equipment.
A. The provisions of the technical 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 technical codes; provided, that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory, complies with the intent of the provisions of the technical codes, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in quality, strength, effectiveness, fire resistance, durability and safety.
B. Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the technical codes, shall consist of valid research reports from approved sources.
C. Tests. Whenever there is insufficient evidence of compliance with the provisions of the technical codes, or evidence that a material or method does not conform to the requirements of technical 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 City of SeaTac. Test methods shall be as specified in the technical 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. (Ord. 04-1008 § 3)
13.100.050 Duties and powers of Building Official, Fire Chief and Director of Public Works.
A. The Building Official is hereby authorized and directed to enforce the provisions of the technical codes, except for the Grading Code and Fire Code. The Building Official shall have the authority to render interpretations of the technical codes, except for the Grading Code and Fire Code and to adopt policies and procedures in order to clarify the application of their provisions. The Fire Chief, or designee, is responsible for the enforcement and interpretation of the Fire Code. The Director of Public Works or designee is responsible for the enforcement and interpretation of the Grading Code. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of the technical codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the technical codes.
B. 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.
C. Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under the technical codes.
D. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the technical codes, 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 technical codes 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 technical codes; 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.
E. 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 by the City’s retention schedule. (Ord. 04-1008 § 3)
13.100.060 Permits.
A. Except for those items specifically exempt in each of the technical codes, no building, structure or building service equipment regulated by the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the Building Official. Exemptions from permit requirements of the technical codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of those codes or any other laws or ordinances of the City of SeaTac or the State of Washington.
B. Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.
C. Repairs. Application or notice to the Building Official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement, or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, fire suppression, electric wiring, mechanical or other work affecting public health or general safety.
D. Application for Permit. In order to obtain a permit for work regulated by this title, the applicant shall first file a completed application in writing on a form furnished by the City for that purpose. Along with the application, the applicant shall also submit related application and construction documents to include all other data, plans, specifications, calculations and information as required by the City or by the State of Washington. No action or review will be taken by the City if the application or application and construction documents are incomplete.
E. Action on Application. The Building Official shall review or cause to be reviewed applications and any required construction documents 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 technical codes and laws and ordinances applicable thereto, and all required fees associated with the permit have been paid to the City, the Building Official shall issue a permit as soon as practicable.
F. Time Limitation of Application.
1. Applications for which no permit is issued within eighteen (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 ninety (90) days of the date of request. The Building Official may extend the response period beyond ninety (90) days if within the original ninety (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.
G. 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 technical codes or of any other ordinance of the City of SeaTac. Permits presuming to give authority to violate or cancel the provisions of the technical codes or other ordinances of the City of SeaTac 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 when in violation of this code or other ordinances of the City of SeaTac.
H. Expiration of Permits.
1. Every permit issued shall expire two (2) 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 (1) year or less may be renewed for a period of one (1) 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 (1) 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 one hundred eighty (180) days from issuance.
4. The Building Official may grant a thirty (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 one hundred eighty (180) days has passed since the permit expired. The thirty (30) day extension would commence on the date of written approval, provided no changes have been made or will be made in the plans or scope of work. If work required under a final inspection is not completed within the thirty (30) day extension period, the permit shall expire. However, the Building Official may authorize an additional thirty (30) day extension if conditions outside of the applicant’s control exist and the applicant is making good effort to complete the permitted work.
I. Suspension or Revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this title whenever the permit was 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 technical codes.
J. Placement of Permit. The permit shall be kept on the site of the work until the completion of the project. (Ord. 10-1018 § 1: Ord. 04-1008 § 3)
13.100.070 Permit and plan review fees.
A. A permit shall not be valid until all fees owed to the City of SeaTac have been paid nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The permit and plan review fee schedules along with other fees, including, but not limited to, plan review, drainage plan review, and inspections, shall be as set forth in the City schedule of license fees, permit fees, and other fees and charges adopted by resolution.
B. Project Valuation. The applicant for a permit shall provide an estimated project value at time of application. Project valuations shall include total value of work, including materials and labor, for which the permit is being issued such as electrical, gas, mechanical, plumbing equipment and other permanent systems. The project valuation shall be set by the Building Official.
The valuation shall be based on the most recent Table 1 and Table 2 of the Building Valuation Data published by the International Code Council or the actual value of the work, whichever is higher. In addition to the regional modifier, the valuation may be reduced by the following multipliers:
|
Residential additions |
.70 |
|
Residential remodels |
.30 |
|
Residential decks |
.20 |
|
Commercial remodels |
.30 |
C. Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, fuel tank, mechanical, plumbing or fire suppression system before obtaining the necessary permits shall be subject to an investigation fee as determined by the Building Official. The fee shall be an amount equal to the permit fee with a minimum fee of one hundred dollars ($100.00). The investigation fee shall be in addition to the required permit fee.
D. Refunds. The Building Official may authorize refunding any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under the permit. The Building Official may authorize the refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been done is withdrawn or canceled before any plan reviewing has been done. (Ord. 04-1008 § 3)
13.100.100 Appeals.
A. All references in the technical codes to the Board of Appeals shall be deemed to refer to the Hearing Examiner system of Chapter 1.20 SMC. The Hearing Examiner shall have no authority relative to interpretation of the administrative provisions of the technical codes nor shall the Hearing Examiner be empowered to waive requirements of the technical codes.
B. Appeals to a decision by the Fire Chief shall be made to the Hearing Examiner. All references in the fire code and adopted International Fire Code to the Fire Code Board of Appeals shall be deemed to refer to the Hearing Examiner system of Chapter 1.20 SMC. (Ord. 10-1018 § 2: Ord. 04-1008 § 3)
13.100.110 Stop work orders.
A. Whenever the Building Official finds any work regulated by this title being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the Building Official is authorized to issue a stop work order.
B. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. (Ord. 04-1016 § 2)
13.100.120 Violations not subject to the notice and order procedures.
Violation of the provisions of Section 108.4.1 and 108.5 of the International Property Maintenance Code, as adopted by reference in Chapter 13.210 SMC, as now or may be subsequently amended, shall be a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) or a jail sentence of up to ninety (90) days, or both, and the violation shall be a strict liability offense. (Ord. 04-1016 § 3)