Chapter 14.01


14.01.010    Title.

14.01.020    Application.

14.01.030    Purpose.

14.01.040    Authority.

14.01.050    Adoption by reference.

14.01.060    Definitions – Use of words and phrases.

14.01.070    Rules of construction.

14.01.080    Application of references.

14.01.090    Fees.

14.01.100    Hours of construction.

14.01.110    Liability.

14.01.120    Violation and penalties.

14.01.130    Severability.

14.01.140    Appeals.

14.01.010 Title.

This Title shall be entitled “Buildings and Construction.” This chapter shall be entitled “Adoption, Administration, and Enforcement.” [Ord. 1581 § 1, 2013.]

14.01.020 Application.

This chapter shall apply to all chapters contained in this Title. 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 18.20 DMMC, Land Use Review Procedures, shall apply in addition to the provisions within this Title. [Ord. 1581 § 2, 2013.]

14.01.030 Purpose.

The purpose of this Title and the technical codes adopted is to regulate buildings and construction within the City and to promote the public health, safety, and general welfare and 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. 1581 § 3, 2013.]

14.01.040 Authority.

(1) General Authority. These provisions are adopted pursuant to the authority set forth in chapter 19.27 and Title 35A RCW and other applicable laws.

(2) Building Division Established. There is established for the City the Building Division of the Planning, Building and Public Works Department that shall be under the supervision and control of the City Manager or the City Manager’s designee.

(3) Building Official Designated. The Building Official, as defined in the International Building Code (hereinafter “IBC”), the International Residential Code (hereinafter “IRC”), and the International Mechanical Code (hereinafter “IMC”), shall be appointed by the City Manager or the City Manager’s designee.

(4) Administration and Enforcement. The Building Official is hereby authorized and directed to enforce the provisions of the IBC. The Building Official shall have the authority to render interpretations of the IBC 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 the IBC and IRC. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the IBC and IRC. Except as otherwise provided in this Title, the provisions of this Title shall be administered and enforced by the Building Official of the City.

(5) Fire Chief and Fire Marshal Designated.

(a) 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 Building Official.

(b) The Fire Marshal of South King County Fire and Rescue shall be deemed to be the “Fire Marshal” for the purposes of this Title, under the direction of the Building Official. [Ord. 1581 § 4, 2013.]

14.01.050 Adoption by reference.

The following codes, standards, rules, and regulations, as amended, added to, or excepted in this Title, are adopted by reference pursuant to chapter 19.27 RCW and RCW 35.21.180 as presently constituted or as may be subsequently amended, added to, or excepted as though fully set forth in this Title:

(1) Chapter 51-11C WAC – International Energy Conservation Code (IECC), Commercial;

(2) Chapter 51-11R WAC – International Energy Conservation Code (IECC), Residential;

(3) Chapter 51-50 WAC – International Building Code (IBC);

(4) Chapter 51-51 WAC – International Residential Code (IRC);

(5) Chapter 51-52 WAC – International Mechanical Code;

(6) Chapter 51-54A WAC – the International Fire Code (IFC), including the Appendices B, C, E, F and I, except that Appendix B is hereby amended as follows:

Section B105.2, Buildings other than one- and two-family dwellings, is replaced as follows:

B105.2 Buildings other than one- and two-family dwellings. The minimum fire flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in IFC Table B105.1(2).

Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is protected throughout with an automatic fire sprinkler system installed in accordance with NFPA 13 or NFPA 13R. The resulting fire flow shall not be less than 1,500 gallons per minute (5,678 L/min) for the prescribed duration as specified in Table B105.1(2).

Table B105.2 is deleted.

(7) Chapter 51-56 WAC – Uniform Plumbing Code;

(8) The Washington Cities Electrical Code as published and printed by the Washington Association of Building Officials;

(9) The design of HCT stations and associated facilities, including elevated structures, shall conform to the most current versions of all applicable sections of the building code, fire code, and National Fire Protection Standard No. 130 (NFPA 130). Conflicts among these codes shall be resolved in favor of the NFPA 130 or as otherwise approved by the Fire Marshal and Building Official.

Not less than one copy of each such code, standards, rules, and regulations, in the form in which it was adopted, and suitably marked to indicate amendments, additions, deletions and exceptions as provided in this Title, shall be filed in the Building Official’s office and be available for use and examination by the public. [Ord. 1662 § 1, 2016: Ord. 1581 § 6, 2013.]

14.01.060 Definitions – 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. Words not defined shall have the meanings set forth in the most recent version of the Merriam-Webster Dictionary.

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

“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.

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

“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.

“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.

“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.

“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.

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

“Sound transmission class (STC)” is a single number rating for describing sound transmission loss of a wall, partition, window, or door.

“Technical codes” are the codes, appendices and referenced code standards adopted by the jurisdiction.

“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.

“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. 1581 § 7, 2013.]

14.01.070 Rules of construction.

The following rules of construction shall apply unless inconsistent with the obvious meaning in the context of the provision:

(1) Tense. Words used in the present tense shall include the future tense.

(2) Number. Words used in the singular shall include the plural, and words used in the plural shall include the singular.

(3) Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section, or paragraph of this code, and the content thereof, the said heading shall not affect the scope, meaning, or intent of the content.

(4) Citations. Citations to state or federal laws shall mean that law as presently constituted or as it may be subsequently amended in the future. [Ord. 1581 § 5, 2013.]

14.01.080 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. 1581 § 8, 2013.]

14.01.090 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 or the City Manager’s designee. [Ord. 1581 § 9, 2013.]

14.01.100 Hours of construction.

Except as otherwise provided in this Title, the activities regulated by this Title shall be limited to the following hours:

(1) Monday through Friday: 7:00 a.m. to 7:00 p.m.

(2) Saturday, Sunday and Holidays: 8:00 a.m. to 5:00 p.m. [Ord. 1581 § 10, 2013.]

14.01.110 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. [Ord. 1581 § 11, 2013.]

14.01.120 Violation and penalties.

(1) Violation. No person shall violate or fail to comply with the provisions of this Title.

(2) Civil Infraction. A violation or a failure to comply with the provisions of this Title is a civil infraction and a violator may be penalized as is more specifically set forth in chapter 1.24 DMMC, Civil Infractions.

(3) Civil Violation and Penalty. A violation or a failure to comply with the provisions of this Title is further a civil violation and may be penalized and/or abated as is set forth in chapter 1.28 DMMC, Civil Violations and Penalties.

(4) Criminal Penalty. 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. Upon conviction a person may also be ordered to abate, discontinue or correct a violation of this Title.

(5) Superior Court – Civil Action. In addition to or as an alternative to any other penalty provided in this Title or by law, a violation or a failure to comply with the provisions of this Title may be enforced by a civil action filed in King County Superior Court in any manner allowed by law. [Ord. 1581 § 12, 2013.]

14.01.130 Severability.

The provisions of this Title are severable. If any section, sentence, clause or phrase of this code is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of the code. [Ord. 1581 § 13, 2013.]

14.01.140 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 filing an appeal to the Hearing Examiner pursuant to DMMC 18.20.150 and 18.20.160 and chapter 18.240 DMMC.

(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. 1581 § 14, 2013.]