Chapter 15.07
CONSTRUCTION ADMINISTRATIVE CODE
Sections:
15.07.010 General.
15.07.020 Applicability.
15.07.030 Enforcement agency.
15.07.040 Repealed.
15.07.050 Permits.
15.07.060 Use of consultants.
15.07.070 Repealed.
15.07.080 Fees.
15.07.090 Inspections.
15.07.100 Certificate of occupancy.
15.07.110 Maintenance.
15.07.120 Repealed.
15.07.130 Appeals – Hearing examiner.
15.07.140 Repealed.
15.07.150 Repealed.
15.07.160 Unsafe structures and equipment.
15.07.010 General.
A. Title. These regulations shall be known as the Construction Administrative Code of the city of Auburn.
B. Scope. The provisions of this code shall apply to the administration of the technical codes as adopted by the state of Washington and as listed:
1. a. 2009 International Building Code – Chapter 51-50 WAC;
b. 2009 International Residential Code – Chapter 51-51 WAC;
c. 2009 International Mechanical Code – Chapter 51-52 WAC;
d. National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC;
e. Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC;
f. 2009 International Fuel Gas Code – Chapter 51-52 WAC;
g. 2009 International Fire Code – Chapter 51-54 WAC;
h. 2009 Uniform Plumbing Code – Chapters 51-56 and 51-57 WAC;
i. 2008 National Electrical Code (NEC) – Chapters 19.28 RCW and 296-46B WAC.
2. Exceptions. The provisions of this code shall not apply to work located primarily in a public way, public utility towers and poles and hydraulic flood control structures.
3. Definitions. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this subsection. 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; provided, that any reference to “fire department” in this title or the codes adopted hereunder shall be understood to include the Valley Regional Fire Authority. (Ord. 6310 § 2, 2010; Ord. 6104 § 2, 2007; Ord. 5874 § 4(101), 2004.)
15.07.020 Applicability.
A. General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in Chapter 19.27 RCW shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
B. Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
C. Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
D. Referenced Codes and Standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
E. Partial Invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. (Ord. 6310 § 3, 2010; Ord. 6104 § 3, 2007; Ord. 5874 § 4(102), 2004.)
15.07.030 Enforcement agency.
A. Building Official. The official in charge of the building division shall be known as the building official. (Ord. 5874 § 4(103), 2004.)
15.07.040 Duties and powers of code officials.
Repealed by Ord. 6310. (Ord. 5874 § 4(104), 2004.)
15.07.050 Permits.
A. Application for Permit. Applicants shall file an application in writing on a form furnished by the building department for that purpose. Applications determined by the building official to be in compliance with this section shall be deemed as complete. 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 this code.
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.
8. In addition to information in subsections (A)(1) through (7) of this section, applications for permits governing construction projects costing $5,000 or more shall also contain the following information:
a. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor;
b. The property owner’s name, address, and phone number;
c. The prime contractor’s business name, address, phone number, current state contractor registration number; and
d. Either:
i. The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or
ii. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project;
e. The information required on the building permit application by subsection (A)(8)(a) through (d) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site;
f. The information required by subsection (A)(8) of this section and information supplied by the applicant after the permit is issued under subsection (A)(8)(g) of this section shall be kept on record in the office where building permits are issued and made available to any person on request. If a copy is requested, a reasonable charge may be made;
g. If any of the information required by subsection (A)(8) of this section is not available at the time the application is submitted, the applicant shall note what information is not available. The unavailability of that information shall not cause the application to be deemed incomplete for the purposes of vesting under this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information. (Ord. 6310 § 4, 2010; Ord. 6266 § 1, 2009; Ord. 6104 § 4, 2007; Ord. 5874 § 4(105), 2004.)
15.07.060 Use of consultants.
Whenever review of a building permit application requires retention by this jurisdiction for professional consulting services, the applicant shall reimburse this jurisdiction the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. This jurisdiction may require the applicant to deposit an amount with this 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. (Ord. 6310 § 5, 2010; Ord. 5874 § 4(106), 2004.)
15.07.070 Temporary structures and uses.
Repealed by Ord. 6310. (Ord. 5874 § 4(107), 2004.)
15.07.080 Fees.
A. Plan Review Fees.
1. When submittal documents are required by ACC 15.07.050, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official and/or the fire code official may have the option to charge a deposit in lieu of the full plan review fee, if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in IBC Section 107.3.4.2, an additional plan review fee shall be charged at the rate shown in the fee code established by the jurisdiction.
2. Registered Plan Program. When plans are submitted under the jurisdiction’s “registered plan program,” a plan review fee shall be paid at the time of application for a registered plan. The building official may have the option to charge a partial deposit, in lieu of the full plan review fee. All portions of fees paid as a deposit amount shall be applied to the total plan review fees owed. The applicant shall be required to pay the balance of amount owed for the plan review. Valuations used to compute the permit fees shall include all options submitted with a registered plan. When a registered plan consists of a number of plan options that can produce any number of similar but different buildings, the building official may charge plan review fees based on each different building configuration. Plan review fees shall be paid for at the time of application for a building permit. The building official may have the option to charge a partial deposit, in lieu of the full plan review fee. All portions of fees paid as a deposit amount shall be applied to the total plan review fees owed. The applicant shall be required to pay the balance of the amount owed for the plan review. The plan review fees specified in this subsection are separate fees from the permit fees specified in the fee code, and are in addition to the permit fees.
B. Performance Bonds. Prior to the issuance of a demolition permit, the applicant or agent shall post a cash bond with the building department in the amount of $300.00, which sum shall be refundable upon inspection and final approval. However, if a permanent bond is on file with the finance director, the applicant or agent shall post a cash bond in the amount of $200.00.
C. Refunds. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of application. (Ord. 6310 § 6, 2010; Ord. 6104 § 5, 2007; Ord. 5874 § (108), 2004.)
15.07.090 Inspections.
The city will conduct inspections as prescribed in the latest adopted copy of the International Building Code with the exceptions as noted below:
A. IMC/UPC/GAS/NEC Rough-In Inspection. Rough-in mechanical, gas piping, plumbing and electrical shall be inspected when the rough-in work is complete and under test. No connections to primary utilities shall be made until the rough-in work is inspected and approved.
B. Flashing and Exterior Weather Barrier Inspection. Flashing and exterior weather barrier inspections shall be made after all materials have been installed, but prior to any of the work being covered.
C. Energy Efficiency Inspection.
1. Envelope.
a. Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed.
b. Glazing Inspection. To be made after glazing materials are installed in the building.
c. Exterior Roofing Insulation. To be made after the installation of the roof insulation, but before concealment.
d. Slab/Floor Insulation. To be made after the installation of the slab/floor insulation, but before concealment.
D. Special Inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections above the requirements as stated in Chapter 17 for any type of work related to the technical codes by an approved agency at no cost to the jurisdiction. (Ord. 6310 § 7, 2010; Ord. 6104 § 6, 2007; Ord. 5874 § 4(109), 2004.)
15.07.100 Certificate of occupancy.
A. 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 of the building or structure shall be made until the building official has issued a certificate of occupancy as provided for in this section. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of this jurisdiction. (Ord. 6310 § 8, 2010; Ord. 5874 § 4(110), 2004.)
15.07.110 Maintenance.
A. Maintenance of Safeguards. Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with this code and applicable referenced standards. Such device, equipment, system, condition, arrangement, level of protection, or any other feature shall be maintained in accordance with IFC Sections 107.1 through 107.6. (Ord. 5874 § 4(111), 2004.)
15.07.120 Service utilities.
Repealed by Ord. 6310. (Ord. 5874 § 4(112), 2004.)
15.07.130 Appeals – Hearing examiner.
In order to hear and decide appeals of orders, decisions or determinations made by the building official or fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of the city of Auburn’s appointed hearing examiner.
A. Appeal to Hearing Examiner.
1. Appointment and Term. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, except as provided in Chapter 70.92 RCW, a hearing examiner shall be appointed by the mayor as provided elsewhere in this code.
2. Duties. The examiner shall conduct an appeal hearing as provided herein, enter findings of fact and conclusions of law based upon those facts and a decision which is final action subject to appeal as provided herein.
3. Conflict of Interest. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his decision-making process. Any actual or potential conflict of interest shall be disclosed by the hearing examiner to the parties immediately upon discovery of such conflict. Participants in the hearing process have the right, insofar as possible, to have the examiner free from personal interest or pre-hearing contacts on issues considered by him/her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre-hearing interest contact impairs the examiner’s ability to act on the matter, the hearing examiner shall state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said examiner. If all parties do not agree and the hearing examiner must abstain, the mayor shall be notified and the mayor shall appoint a hearing examiner pro tem to sit in the hearing examiner’s stead.
4. Freedom from Improper Influence. No council member, city official, or any other person shall attempt to interfere with or improperly influence the examiner or examiner pro tempore in the performance of his/her designated duties.
5. Duties of the Examiner – Applications and Decisions. For cases and actions as prescribed by ordinance, the examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact, conclusions based upon those facts, and a decision. As provided herein, such decision is final action subject to appeal as provided herein.
6. Application of Appeal and Filing Fee.
a. Form of Appeal. Any person receiving a decision or determination made by the building official relative to the application and interpretation of this code may appeal such determination or decision under this code by paying the filing fee as set forth in the city of Auburn fee schedule and filing at the office of the building official a written application of appeal containing:
i. A heading in the words: “Before the Hearing Examiner of the City of Auburn.”
ii. A caption reading: “Appeal of Building Official or Fire Code Official Decision or Determination,” giving the names of all appellants participating in the appeal.
iii. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the determination or decision.
iv. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant.
v. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested action should be reversed, modified or otherwise set aside.
vi. The signatures of all parties named as appellants and their official mailing addresses.
vii. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
7. Processing Application of Appeal. Upon receipt of any application of appeal filed pursuant to this section together with the filing fee in the amount as set forth in the city of Auburn fee schedule, the building official or fire code official shall, within two working days of receipt of an application, determine whether the application is complete. If complete, the application shall be accepted. If not complete, the building official or fire code official shall request that the applicant provide additional information as necessary to complete the application. The applicant shall be advised of the date of acceptance of the application.
8. Scheduling and Noticing Appeal for Hearing. As soon as practicable after acceptance of the written application of appeal, the examiner shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 90 days from the date the application of appeal was filed with the building official or fire code official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal.
9. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with provisions of this section shall constitute a waiver of any right to an administrative hearing and adjudication of the building official’s or fire code official’s decisions or determinations.
10. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
11. Hearing Procedures.
a. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the examiner.
b. Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the examiner, but shall in no event be greater than the cost involved.
c. Continuances. The examiner may grant continuances for good cause shown.
d. Oaths – Certification. In any proceedings under this section, the examiner has the power to administer oaths and affirmations and to certify to official acts.
e. Reasonable Dispatch. The examiner shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.
f. Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information: “You are hereby notified that a hearing will be held before (name of hearing examiner) at _________________ on the ___ day of _______, 20__ at the hour of ____, upon the notice and order served upon you. You may be present at the hearing. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (name of hearing examiner).”
g. Subpoenas.
i. The examiner may issue subpoenas for the attendance of witnesses or the production of other evidence at a hearing upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular.
ii. Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence in his possession or under his control as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor punishable as provided in ACC 1.24.010.
h. Conduct of Hearing.
i. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
ii. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
iii. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
iv. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
v. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
vi. Rights of Parties. Each party shall have these rights among others:
(A) To call and examine witnesses on any matter relevant to the issues of the hearing;
(B) To introduce documentary and physical evidence;
(C) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(D) To impeach any witness regardless of which party first called him to testify;
(E) To rebut the evidence against him;
(F) To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
vii. Official Notice.
(A) What May Be Noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or official records of departments and ordinances of the city.
(B) Parties to Be Notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
(C) Opportunity to Refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the official noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the hearing examiner.
(D) Inspection of the Premises. The hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing; provided, that (1) notice of such inspection shall be given to the parties before the inspection is made, (2) the parties are given an opportunity to be present during the inspection, and (3) or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner.
viii. Limitation of Testimony. The examiner has the right to limit the time a witness may testify.
12. Form and Effective Date of Decision. The decision shall be in writing and shall contain findings of fact, conclusions of law, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated therein.
13. Rights Granted – Right to Appeal. Nothing in this section shall be construed as granting any right of judicial review which does not previously exist in law. The decision of the examiner or examiner pro tem shall be final and exclusive. A writ of review must be sought in the superior court of King or Pierce County, if at all, by an aggrieved party or person.
14. Limitations of Authority. The examiner shall have no authority relative to interpretation of the administrative provisions of this code or the technical codes nor shall the examiner be empowered to waive requirements of this code or the technical codes. (Ord. 6104 § 7, 2007; Ord. 5874 § 4, 2004.)
15.07.140 Violations.
Repealed by Ord. 6310. (Ord. 5874 § 4(114), 2004.)
15.07.150 Stop work order.
Repealed by Ord. 6310. (Ord. 5874 § 4(115), 2004.)
15.07.160 Unsafe structures and equipment.
A. Evacuation. The fire code official or the building official in charge of an incident shall be authorized to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire code official or the building official in charge of the incident. (Ord. 6310 § 9, 2010; Ord. 6104 § 8, 2007; Ord. 5874 § 4(116), 2004.)