Chapter 17.04
CITY BUILDING CODE

Sections:

17.04.010    PURPOSE.

17.04.020    STATE BUILDING CODE - ADOPTION.

17.04.030    CODE CONFLICTS.

17.04.040    AMENDMENTS TO THE INTERNATIONAL BUILDING CODE.

17.04.050    AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE.

17.04.080    AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE.

17.04.090    AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE.

17.04.100    AMENDMENTS TO THE UNIFORM PLUMBING CODE.

17.04.110    AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE.

17.04.130    BUILDING CODES - FEES.

17.04.140    APPEALS.

17.04.150    VIOLATION - PENALTY.

17.04.010 PURPOSE.

The purpose of the City Building Code is to enhance the health, safety and welfare of the public as a whole by ensuring that buildings, dwellings, structures and land will be constructed, maintained and used in a manner so as to reduce hazards, increase durability and require consistent patterns of community development; provided, notwithstanding anything in this chapter or in the codes adopted in BMC 17.04.020 to the contrary, this chapter and the codes adopted in BMC 17.04.020 establish duties owed to the public as a whole and not any duties to protect any person or class of persons. (Ord. 4904 §1, 2004)

17.04.020 STATE BUILDING CODE - ADOPTION.

In accordance with Chapter 19.27 RCW, the following codes (collectively, the "building codes") together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to the Washington Administrative Code ("WAC"), and as further amended in this chapter, are adopted by reference:

(a)    The International Building Code, 2015 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC.

(b)    The International Existing Building Code, 2015 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC.

(c)    The International Residential Code, 2015 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC.

(d)    The International Mechanical Code, 2015 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC.

(e)    The Uniform Plumbing Code, 2015 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC and the Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing Code), as amended pursuant to Chapter 51-57 WAC.

(f)    The International Property Maintenance Code, 2015 Edition, published by the International Code Council, Inc.

(g)    The International Fuel Gas Code, 2015 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 52-52 WAC.

(h)    The 2015 International Energy Conservation Code published by the International Code Council, Inc., as amended pursuant to Chapter 51-11 WAC.

One (1) copy of each of these codes is on file with the City’s Building Official. (Ord. 5304 §1, 2016: Ord. 5219 §1, 2013: Ord. 5113 §1, 2010: Ord. 5015 §1, 2007: Ord. 4904 §1, 2004)

17.04.030 CODE CONFLICTS.

To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the State Building Codes adopted by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. In cases of conflict among the codes enumerated in BMC 17.04.020(a) through (h), the first named shall govern over those following. (Ord. 5015 §2, 2007: Ord. 4904 §1, 2004)

17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE.

The following local amendments to the International Building Code adopted in BMC 17.04.020 are hereby adopted and incorporated into the International Building Code:

(a)    General - Building Code Appendices Adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the following new Subsection 101.5:

Sec. 101.5 Building code appendices adopted. Appendices C, H, I, and J to the International Building Code are hereby adopted; however, the public works director shall have the authority to enforce and interpret Appendix J and, accordingly, all references to the "building official" in Appendix J shall be substituted with the words "public works director."

(b)    Duties and Powers of Building Official - Lot Lines and Setback Lines. Section 104 of the International Building Code, entitled "Duties and Powers of Building Official," is amended by adding the following new Subsection 104.12:

Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied.

(c)    Certificate of Occupancy. Section 111 of the International Building Code, entitled "Certificate of Occupancy," is amended to read as follows:

Sec. 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use, occupancy classification, or occupant of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.

(d)    Board of Appeals. Section 113 of the International Building Code, entitled "Board of appeals," is amended by substituting Section 113 with the following:

Sec. 113 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code.

(e)    Encroachments. Section 3202 of the International Building Code, entitled "Encroachments," is amended by adding the following new exception to Section 3202.3.2:

Sec. 3202.3.2 Windows, balconies, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, balconies, architectural features or mechanical equipment is more than 8 feet, 1 inch of encroachment is permitted for each additional 1 inch of clearance above 8 feet, but the maximum encroachment shall be 4 feet.

Exception:

Balconies may be permitted over a sidewalk in specific zones identified in Title 20 of the BMC or in affiliated subarea plans in compliance with the following conditions:

1)    A clearance of at least 10 feet is maintained between the sidewalk and the bottom of balconies.

2)    Balconies shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building with a maximum of 4 feet over the sidewalk or right-of-way.

3)    Balconies shall be completely supported by the building structure and shall not be supported by or on the sidewalk or right-of-way.

4)    The encroachment of the balconies do not present a health, safety or welfare issue.

5)    The balconies are constructed of fire-resistant materials.

6)    The balconies serve the public good, such as providing weather protection.

7)    The structure on which the balconies are constructed is located in specific zones that require or encourage weather protection over the public right-of-way (such as the Downtown Waterfront and Downtown Core zones in the Downtown Subarea Plan).

8)    A drainage system shall be provided to prevent water from draining upon the public right-of-way.

9)    As the balcony will reduce lighting, lighting may be required to be installed underneath the balcony to ensure safe sidewalks, especially for those balconies that extend across the entire facade or are placed within 15 feet or less above the sidewalk.

(f)    Appendix H - Signs. Appendix H of the International Building Code entitled "Signs" is hereby amended as follows:

(1)    Section H101.2, entitled "Signs Exempt from Permits," is amended to read as follows:

Sec. H101.2 Signs exempt from permits. The following signs are exempt from the requirements to obtain a permit before erection:

1. Temporary signs announcing the sale or rent of property.

2. Signs erected by transportation authorities.

3. The changing of moveable parts of an approved sign that is designed for such changes shall not be deemed an alteration.

(2)    Section H109.2 entitled "Required clearances" is not adopted. (Ord. 5332 §1, 2017: Ord. 5304 §2, 2016: Ord. 5113 §2, 2010; Ord. 5008 §2, 2007: Ord. 4906 §2, 2004; Ord. 4904 §1, 2004)

17.04.050 AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE.

The following local amendments to the International Existing Building Code adopted in BMC 17.04.020 are hereby adopted and incorporated into the International Existing Building Code:

(a)    Section 110 of the International Existing Building Code entitled "Certificate of Occupancy" is hereby amended by amending Subsection 110.1 to read as follows:

Sec. 110.1 Altered area use and occupancy classification. Altered areas of a building and relocated buildings shall not be used or occupied; and change in the existing use, occupancy classification, or occupant of a building or portion thereof shall not be made until the code official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

(b)    Section 112 of the International Existing Building Code entitled "Board of Appeals" is amended to read as follows:

Sec. 112 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code.

(Ord. 5304 §3, 2016)

17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE.

The following local amendments to the International Residential Code adopted in BMC 17.04.020 are hereby adopted and incorporated into the International Residential Code:

(a)    Duties and Powers of Building Official - Lot Lines and Setback Lines. Section R104 of the International Residential Code, entitled "Duties and Powers of Building Official," is amended by adding the following new Subsection R104.12:

Sec. R104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied.

(b)    Board of Appeals. Section R112.1 of the International Residential Code, entitled "Board of Appeals," is amended by substituting Section R112.1 with the following:

Sec. R112.1 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code.

(c)    Design Criteria. Table R301.2(1) of the International Residential Building Code entitled "Climatic and Geographic Design Criteria" is amended to insert the design criteria specific to the City into the table categories as designated in Table R301.2(1) below. The remaining parts and footnotes of the table are unchanged.

Table R301.2(1)
Climate and Geographic Design Criteria

GROUND SNOW LOAD

WIND DESIGN

SEISMIC DESIGN CATEGORY

SUBJECT TO DAMAGE FROM

Speed (mph)

Topographic effects

Special wind region

Wind-borne debris zone

Weathering

Frost line depth

Termite

30 PSF

110

No

No

No

D2

Negligible

12"

No

WINTER DESIGN TEMP

ICE BARRIER UNDERLAYMENT REQUIRED

FLOOD HAZARDS

AIR FREEZING INDEX

MEAN ANNUAL TEMP

29

No

See footnote 1,2,3

113

51.4

1 Date of entry into NFIP: April, 1987; Community Number 530093

2 Date of latest study: November 18, 2014

3 FIRM PANELS# 53035C0335E, 53035C0343E, 53035C0344E, 53035C0345E, 53035C0450E, 53035C0455E, 53035C0352F, 53035C0353F, 53035C0354F, 53035C0360F, 53035C0364F, 53035C065F, 53035C0366F, 53035C0367F, 53035C0368F, 53035C0380F, 53035C0390F

(d)    Existing Basements. Section R310 of the International Residential Building Code entitled "Emergency escape and rescue windows" is amended by substituting Section R310.6 with the following:

Sec. R310.6 Alterations or repairs of existing basement. An emergency escape and rescue opening in compliance with Section R310 in addition to a means of egress complying with Section R311 is required where existing basements undergo alterations, repairs, or change of use from non-habitable space to habitable area. An escape and rescue opening in a sleeping room may be used for compliance for the basement provided the other basement rooms are not used for sleeping.

Exceptions:

1) An emergency escape and rescue window is not required in an existing bedroom or habitable basement that was legally established before 1940 with a building permit and that has the required window for living area in compliance with the code of the time.

2) An emergency escape and rescue window is not required for alterations or repairs of an existing non-habitable basement that will not become habitable area. Construction of a new foundation wall is not considered a repair under this exception.

(e)    Sec. R313 Automatic Fire Sprinkler Systems. Automatic Fire Sprinkler Systems is adopted with the exception of R313.2, One- and two-family dwellings automatic fire systems.

(f)    Foundation Drainage. Section R405 of the International Residential Code, entitled "Foundation Drainage," is amended to read as follows:

Sec. R405.1 Concrete or masonry foundations. Drains shall be provided around concrete or masonry foundations that retain earth. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend not less than 1 foot beyond the outside edge of the footing and 6 inches above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper. Except where otherwise recommended by the drain manufacturer, perforated drains shall be surrounded with an approved filter membrane or the filter membrane shall cover the washed gravel or crushed rock covering the drain. Drainage tiles or perforated pipe shall be placed on a minimum of 2 inches of washed gravel or crushed rock not less than one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches of the same material.

Exception: A drainage system is not required where the foundation is installed on well-drained ground or sand gravel mixture soils according to the Unified Soil Classification System, Group I soils, as detailed in Table R405.1.

(g)    Roof Drainage. Section R801 of the International Residential Building Code entitled "General" shall be amended to read as follows:

Sec. R801.3 Roof drainage. All structures shall have a controlled method of water disposal from roofs that will collect and discharge roof drainage to the ground surface not less than 12 inches (304 mm) from foundation walls or to an approved drainage system.

(Ord. 5332 §2, 2017: Ord. 5304 §4, 2016: Ord. 5113 §4, 2010; Ord. 4904 §1, 2004)

17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE.

The following local amendments to the International Mechanical Code previously adopted in BMC 17.04.020 are hereby adopted and incorporated into the International Mechanical Code as if fully set forth therein.

(a)    Violations - Penalties. Section 108 of the International Mechanical Code, entitled "Violations," is amended by substituting Subsection 108.4 with the following:

Sec. 108.4 Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs mechanical work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise provided by law.

(b)    Means of Appeal - Board of Appeals. Section 109 of the International Mechanical Code, entitled "Means of Appeal," is amended by substituting Section 109 with the following:

Sec. 109 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code.

(Ord. 4904 §1, 2004)

17.04.100 AMENDMENTS TO THE UNIFORM PLUMBING CODE.

The following local amendments to the Uniform Plumbing Code previously adopted in BMC 17.04.020 are hereby adopted and incorporated into the Uniform Plumbing Code:

(a)    Title, Scope, and General - Appendices Adopted. Section 101 of the Uniform Plumbing Code, entitled "Title, Scope, and General," is amended by adding the following new Subsection 101.6:

Sec. 101.6 Appendices adopted. The Uniform Plumbing Code standards set forth in Appendices A, B, and I of the Uniform Plumbing Code are hereby adopted.

(b)    Organization and Enforcement - Penalties. Section 102 of the Uniform Plumbing Code, entitled "Organization and Enforcement," is amended by substituting Subsection 102.3.2 with the following:

Sec. 102.3.2 Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs plumbing work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the

Bremerton Municipal Code or as otherwise provided by law.

(c)    Organization and Enforcement - Board of Appeals. Section 102 of the Uniform Plumbing Code, entitled "Organization and enforcement," is amended by substituting Subsection 102.4, a subsection that was added to the State Code in accordance with WAC 51-56-0100, with the following:

Sec. 102.4 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code.

(Ord. 4904 §1, 2004)

17.04.110 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE.

The following local amendments to the International Property Maintenance Code are hereby adopted as if fully set forth therein:

(a)    Section 101 of the International Property Maintenance Code entitled "General" is amended by amending Subsection 101.1 to read as follows:

Sec. 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Bremerton, hereafter referred to as "this code."

(b)    Section 103 of the International Property Maintenance Code entitled "Department of Property Maintenance Inspection" is not adopted.

(c)    Section 106 of the International Property Maintenance Code entitled "Violations" is amended by amending Subsections 106.1, 106.2 and 106.3 to read as follows:

Sec. 106.1 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 this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

Sec. 106.2 Notice of violations. The code official shall serve a notice of violation or order in accordance with Chapter 1.04 BMC.

Sec. 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Subsection 106.2 above shall be enforced pursuant to Chapter 1.04 BMC.

(d)    Section 107 of the International Property Maintenance Code entitled "Notices and Orders" is amended by not adopting certain subsections and by amending Subsection 107.5 to read as follows:

Sec. 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Chapter 1.04 BMC to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3.

Sec. 107.2 Form. This subsection is not adopted.

Sec. 107.3 Method of service. This subsection is not adopted.

Sec. 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Chapter 1.04 BMC.

(e)    Section 108 of the International Property Maintenance Code entitled "Unsafe Structures and Equipment" is amended by amending Subsection 108.3 to read as follows:

Sec. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in accordance with Chapter 1.04 BMC. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Chapter 1.04 BMC.

(f)    Section 111 of the International Property Maintenance Code entitled "Means of Appeal" is not adopted.

(g)    Section 112 of the International Property Maintenance Code entitled "Stop Work Order" is amended by amending Subsection 112.4 to read as follows:

Sec. 112.4 Failure to comply. Any person who shall continue any work 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 liable to a fine pursuant to Chapter 1.04 BMC.

(h)    Section 202 of the International Property Maintenance Code entitled "General Definitions" shall not include the definitions of "Garbage" and "Rubbish."

(i)    Chapter 3 of the International Property Maintenance Code is adopted with the exception of Subsections 302.4, "Weeds," 302.9, "Defacement of property," 303.2, "Swimming Pools, Spas and Hot Tubs - Enclosures," 304.3, "Premises identification," 304.14, "Insect screens," 304.17, "Guards for basement windows," 304.18.1, "Doors," and Section 308, "Rubbish and Garbage," and further amended by amending Subsection 307.1 to read as follows:

Sec. 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on at least one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches (965 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces for existing handrails still in place and in good condition, or may be continued at the height in effect in the code at the time of construction. Guards shall not be less than the height prescribed by the code in effect at the time of construction nor 36 inches (914 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Replacement or new guardrails shall comply with the codes for new construction.

Exception: Guards shall not be required where exempted by the adopted building code.

(j)    Section 505 of the International Property Maintenance Code entitled "Water Systems" is amended by amending Subsection 505.1 to read as follows:

Sec. 505.1 General. Every sink, lavatory, bathtub and shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water.

(k)    Section 602 of the International Property Maintenance Code entitled "Heating Facilities" is amended by amending Subsections 602.2, 602.3 and 602.4 to read as follows:

Sec. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.

Sec. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat of not less than 68° F (20°C) in all habitable rooms, bathrooms, and toilet rooms.

Sec. 602.4 Occupiable work spaces. Indoor occupiable work space shall be supplied with heat of not less than 65° F (18°C) during the period the spaces are occupied.

(l)    Appendix A. Appendix A: Boarding Standard of the International Property Maintenance Code is adopted in its entirety. (Ord. 5304 §5, 2016: Ord. 5219 §2, 2013: Ord. 5113 §3, 2010; Ord. 5015 §6, 2007)

17.04.130 BUILDING CODES - FEES.

The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC 3.01.040, Community Development - Rate Table C, as currently enacted or as hereafter amended. (Ord. 4904 §1, 2004)

17.04.140 APPEALS.

(a)    Appeals to the Hearings Examiner.

(1)    Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the application of the building codes cited in this chapter. The City Hearings Examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the City Hearings Examiner be empowered to waive requirements of these building codes.

(2)    Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC.

(3)    Standing. Standing to bring an appeal under this chapter is limited to the following persons:

(i)    The applicant and the owner of property to which the permit decision is directed.

(ii)    Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:

a.    The order, determination, or decision has prejudiced or is likely to prejudice that person;

b.    A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and

c.    The appellant has exhausted his or her administrative remedies to the extent required by law.

(b)    Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. (Ord. 4904 §1, 2004)

17.04.150 VIOLATION - PENALTY.

(a)    Any violation of any provision of the City Building Code, Chapter 17.04 BMC, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein.

(b)    In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of the City Building Code, Chapter 17.04 BMC, shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 4904 §1, 2004)