Chapter 14.04
ADMINISTRATION AND ENFORCEMENT
Sections
14.04.010 Chapter scope.
14.04.020 Definitions.
14.04.030 Group occupancies.
14.04.040 Appendices.
14.04.050 Intent.
14.04.060 Conflicts.
14.04.070 Other laws.
14.04.080 Application of references.
14.04.090 Partial invalidity.
14.04.100 Existing structures.
14.04.110 Applicability.
14.04.120 Building division established.
14.04.130 Building official designated.
14.04.140 Administration and enforcement.
14.04.150 Fire chief and fire marshal designated.
14.04.160 Fees.
14.04.170 Hours of construction.
14.04.180 Code conflicts – Resolution.
14.04.190 Liability.
14.04.200 Appeals.
14.04.210 Violation – Penalty.
14.04.010 Chapter scope.
This chapter establishes the administrative, organizational, and enforcement rules and regulations for the adopted technical codes as amended, added to, and excepted in this title. [Ord. 1407 § 5, 2007.]
14.04.020 Definitions.
(1) Use of Words and Phrases. As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Action” means a specific response complying fully with a specific request by the jurisdiction.
(3) “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.
(4) “Complete response” means an adequate response to all requests from city staff in sufficient detail to allow the application to be processed.
(5) “DMMC” means the currently adopted edition of the Des Moines Municipal Code.
(6) “Existing building” means a building erected prior to the adoption of this code, or one for which a legal building permit has been issued and approved.
(7) “Marquee” means a permanent roofed structure attached to and supported by the building, providing protection from the weather elements, but does not include a projecting roof.
(8) “Mobile home” or “manufactured home” as defined by RCW 46.04.302 means a structure, designed and constructed to be transportable in one or more sections, is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that include plumbing, heating, and electrical systems contained therein.
(9) “Modular home” as defined by RCW 46.04.303 means a factory-assembled structure designed primarily for use as a dwelling when connected to the required utilities that include plumbing, heating, and electrical systems contained therein, does not contain its own running gear, and is mounted on a permanent foundation. A modular home does not include a mobile home or manufactured home.
(10) “Noise reduction coefficient (NRC)” is the arithmetic average of the sound absorption coefficients of a material at 250, 500, 1,000, and 2,000 Hz.
(11) “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.
(12) “Shall,” as used in this chapter, is mandatory.
(13) “Sound transmission class (STC)” is a single number rating for describing sound transmission loss of a wall, partition, window, or door.
(14) “Used mobile home” means a mobile home, which has been previously sold at retail and has been subjected to tax under chapter 82.08 RCW, or which has been previously used and has been subjected to tax under chapter 82.12 RCW, and which has substantially lost its identity as a mobile unit at the time of sale by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe connections with sewer, water, and other utilities.
(15) “Technical codes” are the codes, appendices and referenced code standards adopted by the jurisdiction.
(16) “Valuation” or “value,” means the total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment, the architectural and engineering design costs and permanent systems as determined by the building official as applied to a building or building service equipment, means and shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. It shall also include the contractor’s overhead and profit. [Ord. 1407 § 6, 2007.]
14.04.030 Group occupancies.
The following occupancy groups are established in the IBC:
|
Occupancy Title |
Description |
|
|
Assembly |
A |
Social, recreational or civic gatherings of 50 or more persons |
|
Business |
B |
Office, professional, social activities and related records. Education facilities past 12th grade |
|
Educational |
E |
Grades K through 12, day care for children older than 2.5 years with more than 6 occupants |
|
Factory |
F |
Manufacturing and industrial processes, except those that are hazardous |
|
Hazardous |
H |
High potential for health or physical safety hazards. Explosives, flammables, corrosives, toxic materials |
|
Institutional |
I |
Facilities where occupants cannot fully care for themselves |
|
Mercantile |
M |
Mercantile sales including stocking of goods |
|
Residential |
R |
People live and sleep in an unsupervised setting |
|
Storage |
S |
Storage |
|
Utility |
U |
Agricultural buildings, aircraft hangers, barns, greenhouses, livestock shelters, tanks and towers |
[Ord. 1407 § 7, 2007.]
14.04.040 Appendices.
Provisions in the appendices of the technical codes shall not apply unless specifically adopted. [Ord. 1407 § 8, 2007.]
14.04.050 Intent.
The purpose of this title and the technical codes is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. [Ord. 1407 § 9, 2007.]
14.04.060 Conflicts.
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. [Ord. 1407 § 10, 2007.]
14.04.070 Other laws.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. [Ord. 1407 § 11, 2007.]
14.04.080 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 title. [Ord. 1407 § 12, 2007.]
14.04.090 Partial invalidity.
In the event that any part or provision of this title 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. 1407 § 13, 2007.]
14.04.100 Existing structures.
The legal occupancy of any structure existing on August 2, 2007, shall be permitted to continue without change, except as is specifically covered in this title and/or the International Fire Code, or as is deemed necessary by the building official or fire official for the general safety and welfare of the occupants and the public. [Ord. 1407 § 14, 2007.]
14.04.110 Applicability.
Except as otherwise provided herein, this title shall apply to all:
(1) New construction and additions; and
(2) The entire building when all additions, alterations, remodels, or repairs to existing structures in which the area of the additions, alterations, or repairs exceeds more than 50 percent of the habitable area of the existing structure. In the case of a series of additions, alterations, or repair projects, this title shall become effective at the point where in any three-year period the cumulative area of additions, alterations, or repairs exceeds 50 percent of the area of the structure at the time such additions, alterations, or repairs are commenced and shall apply to the entire building.
Land use review procedures provided in chapter 18.56 DMMC (Land Use Review Procedures) shall apply in addition to the provisions within this title. [Ord. 1407 § 15, 2007.]
14.04.120 Building division established.
There is established for the city the building division that shall be under the supervision and control of the city manager or his/her designee. [Ord. 1407 § 16, 2007.]
14.04.130 Building official designated.
The building official, as defined in Section 104 of the International Building Code, R104 of the International Residential Code, and Section 104 of the International Mechanical Code, shall be appointed by the city manager. [Ord. 1407 § 17, 2007.]
14.04.140 Administration and enforcement.
The building official, as defined in Section 104.1 of the International Building Code, is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. Except as otherwise provided in this title, the provisions of this title shall be administered and enforced by the building official of the city. [Ord. 1407 § 18, 2007.]
14.04.150 Fire chief and fire marshal designated.
(1) The chief of South King fire and rescue shall be deemed to be the “chief” or “chief of the fire department” or “fire code official” for the purposes of enforcing and administering all provisions of the fire code, under the direction of the city of Des Moines building official.
(2) The fire marshal of South King fire and rescue shall be deemed to be the “fire marshal” for the purposes of this title, under the direction of the city of Des Moines building official. [Ord. 1407 § 19, 2007.]
14.04.160 Fees.
Except as otherwise provided in this title, the fee for any permit issued by the city under the authority of this title shall be established by the city manager. [Ord. 1407 § 20, 2007.]
14.04.170 Hours of construction.
Except as otherwise provided in this title, the activities regulated by this title shall be limited to the following hours:
Monday through Friday: 7:00 a.m. to 7:00 p.m.
Saturday, Sunday and Holidays: 8:00 a.m. to 5:00 p.m. [Ord. 1407 § 21, 2007.]
14.04.180 Code conflicts – Resolution.
(1) In case of conflict among the building code, the mechanical code, the fire code, and the plumbing code, the first-named code shall govern over those following.
(2) In case of conflicts between other codes and provisions adopted by this title, the code or provision that is most restrictive, as determined by the building official, shall apply. [Ord. 1407 § 22, 2007.]
14.04.190 Liability.
This title shall not be construed to relieve or lessen the responsibility of a person owning, building, altering, constructing, or moving a building or structure as defined in this title; nor shall the city or an agent thereof be held as assuming such liability by reason of inspection authorized in this title or a certificate of inspection issued by the city or any of its agencies. The building official, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by a legal representative of the jurisdiction until the final termination of the proceedings. [Ord. 1407 § 23, 2007.]
14.04.200 Appeals.
(1) Except as otherwise provided in this title, a person aggrieved by the decision of a city employee made pursuant to this title shall be entitled to a review of such decision by appeal to the hearing examiner in accordance with the provisions of the hearing examiner code. Such appeal shall be in writing and must be filed with the city clerk within 10 days of such decision.
(2) The hearing examiner shall have no authority to waive requirements of this title.
(3) All references to “board of appeals” in any codes, standards, rules, and regulations adopted in this title shall hereafter mean the hearing examiner. [Ord. 1407 § 24, 2007.]
14.04.210 Violation – Penalty.
(1) Civil Infraction. Except as otherwise provided in this title, no person shall violate or fail to comply with this title. A violation of or failure to comply with this section is a Class 1 civil infraction.
(2) Criminal Penalty. Except as otherwise provided in this title, in addition to or as an alternative to any other penalty provided in this title or by law, a person convicted of a violation of this title is guilty of a gross misdemeanor.
(3) Separate Offense. Each day upon which a violation occurs constitutes a separate offense. [Ord. 1407 § 25, 2007.]