Chapter 14.05 BUILDING CODE, ADDITIONAL REQUIREMENTS AND AMENDMENTS

The purpose of this chapter is to set forth provisions that are supplemental to or amend the International Building Code (IBC) as adopted by DMMC 14.01.050. [Ord. 1581 § 23, 2013.]

14.05.040 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 established in RCW 19.27.031 shall govern. [Ord. 1581 § 24, 2013.]

14.05.050 Amendments adopted.

The amendments, additions, and exceptions to the International Building Code (“IBC”) are adopted and shall be applicable within the City. [Ord. 1581 § 25, 2013.]

14.05.060 Applications for building permit – Other filings required.

(1) At the time of filing a building permit application, the applicant shall submit all required information together with any application form and applicable fees, for any of the following:

(a) Design review;

(b) Shoreline substantial development permit;

(d) Development exceptions for environmentally critical areas;

(e) Environmental review (SEPA).

(2) No building permit application shall be accepted without the required information, completed application and applicable fees.

(3) When the Planning, Building and Public Works Director makes a determination that certain improvements including, but not limited to, curbs, gutters, sidewalks, driveways across sidewalks, piped storm drainage, retaining walls, street illumination, landscaping, slope protection, and underground utilities are required at some future date by existing ordinance(s), no building permit application shall be approved by the Building Official for any proposed project unless the building permit application is accompanied by a properly executed local improvement district (LID) covenant that has been recorded at the King County Department of Records.

(4) The filing of a complete building permit application for a proposed construction project in compliance with applicable state law, ordinances, and regulations of the City shall establish a vested right. For a building permit to be issued, the proposed project must comply with the State Environmental Policy Act. For the purpose of the IBC and the IRC, a “complete building permit application” means an application which contains all information required to be submitted by any applicable provisions of this code. [Ord. 1581 § 26, 2013.]

14.05.070 Optional method of obtaining prior approvals – Agreement regarding vested rights.

(1) An applicant may apply for a design review approval, a shoreline substantial development permit, environmental review (SEPA), and/or a land clearing, grading, or filling permit prior to filing an application for a building permit, upon the following terms and conditions:

(a) The filing of an application for any of the approvals referred to in this section prior to the filing of a valid and complete application for a building permit shall not establish or create a vested right to proceed with construction of any proposed project in accordance with the ordinances and regulations existing at the time of the filing of such application, or at any time thereafter prior to the filing of a valid and complete building permit application.

(b) An applicant who elects to take advantage of the provisions of this section shall, at the time of making application for the approvals referred to in this subsection, execute an agreement with the City that the acceptance and processing of such application shall in no way establish or create a vested right to proceed with construction of any proposed project in accordance with the codes, ordinances, or regulations existing at the time of filing of such application, or at any time thereafter prior to the filing of a valid and complete building permit application.

(c) The provisions of this section do not apply to grading or filling done in preparation for the construction of a single home.

(2) An applicant who elects to take advantage of the provisions of this section may at any time elect to file a complete building permit application, notwithstanding that the approval applied for under subsection (1) of this section has not previously been obtained. [Ord. 1581 § 27, 2013.]

14.05.080 Assurance device for building permit – Requirements.

Before issuing any building permit, the City shall require the applicant to execute and file with the City a cash bond or cash. The cash bond shall be in a form approved by the City Manager or the City Manager’s designee in such reasonable sum and with such securities as the Building Official may specify. The applicant will pay any and all damages that may be recovered against the City by any person on account of injury to persons or property occasioned by or in any manner resulting from the issuance of the permit or by reason of any act or thing done pursuant thereto, or from the occupancy or disturbance of any street or sidewalk in the City and also to save, keep, and defend the City free from all such damages and costs as may be incurred in defending any such claim, and/or further conditioned that the applicant shall pay to the City the cost of repairing any and all damage which may be done by the applicant or his/her agents to the streets, utilities, or property of the City during or pursuant to the work covered by such permit. [Ord. 1581 § 28, 2013.]

14.05.090 Manufactured housing.

All manufactured homes, which are newly installed in residentially zoned areas outside of mobile home parks, shall comply with the following requirements:

(1) Shall be newly constructed and shall not meet the definition of a used mobile home.

(2) Shall have a permanent perimeter foundation of either concrete, concrete masonry units or other approved concrete product.

(3) Shall meet the same design standard as the surrounding neighborhood for new construction.

(4) Shall be thermally equivalent to the International Energy Conservation Code (IECC).

(5) Shall be designed to support the local snow load of 25 pounds per square foot of ground snow load. [Ord. 1581 § 29, 2013.]

14.05.100 Modular housing.

All modular homes, which are newly installed in residentially zoned areas outside of mobile home parks, shall comply with the following requirements:

(1) Shall be constructed in accordance with the International Residential Code. Factory-built homes are required to have a gold seal.

(2) Shall have a permanent perimeter foundation of either concrete, concrete masonry units or other approved concrete product.

(3) Shall meet the design standards of Title 18 DMMC for new construction.

(4) Shall meet the requirements of the International Energy Conservation Code.

(5) Shall be designed to support the local snow load of 25 pounds per square foot of ground snow load. [Ord. 1581 § 30, 2013.]

14.05.110 Amendments to the IBC.

The following sections of the IBC as adopted by this Title shall be amended as follows:

(1) Expiration of Permit. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(2) Action on Application and Time Limit of Application. Applications for which no permit is issued within 180 days following the date of application filing shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall reapply and pay a new plan review fee.

The Building Official shall extend the life of an application if any of the following conditions exist:

(a) Compliance with a declaration of significance under the State Environmental Policy Act provisions is in progress; or

(b) Any other City review is in progress, provided City staff determine that the review is proceeding to a timely final City decision; or

(c) Litigation against the City is in progress, the outcome of which may affect the validity of any permit issued pursuant to such application.

(3) 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 thereof shall be made until the Building Official has issued a certificate of occupancy as provided herein with the exception of Group U Occupancies.

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. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

(4) Special construction – Marquee, is amended to read as follows:

A marquee is a permanent roofed structure attached to and supported by the building, providing protection from the weather elements, but does not include a projecting roof. For the purposes of this chapter, a freestanding permanent roof-like structure providing protection from the weather elements, such as a service station gas pump island, shall also be considered a marquee.

[Ord. 1581 § 31, 2013.]

14.05.120 International Property Maintenance Code (IPMC) amended.

All references to the International Property Maintenance Code (IPMC) in this chapter shall refer to the current edition of the IPMC as adopted by the IBC.

The IPMC is hereby amended, added to, and excepted as follows:

(1) References to an appeal of an administrative action regarding this chapter shall be in accordance with chapter 18.240 DMMC, Hearing Examiner, or with procedures set forth in chapter 1.24 DMMC for civil infractions or chapter 1.28 DMMC for civil violations and penalties.

(2) The following sections of the IPMC, or the corresponding section of any updated or amended version of the IPMC, are removed in their entirety and not adopted:

111	Means of appeal
302.2	Grading and drainage
302.5	Rodent harborage
302.8	Motor vehicles
302.9	Defacement of property
304.2	Protective treatment
304.13.2	Openable windows
304.14	Insect screens
304.15	Exterior doors
304.17	Guards for basement windows
304.18	Building security
305.3	Interior surfaces
305.6	Interior doors
307	Rubbish and garbage
308	Extermination
404.4.1	Room area
404.5	Overcrowding
404.6	Efficiency unit
604.2	Electrical appliance service

(3) The IPMC shall read as follows:

The fees for activities and services performed by the Department in carrying out its responsibilities under this Code shall be set by the City Manager.

(4) The IPMC shall read as follows:

All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12") inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided; however, this term shall not include cultivated flowers, gardens, or vegetation within storm water facilities.

(5) The IPMC shall read as follows:

All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, roofs, decks and fences, of commercial properties and multi-family residences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

(6) The IPMC shall read as follows:

All overhang extensions, including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.

[Ord. 1671 § 8, 2017; Ord. 1581 § 32, 2013.]

14.05.130 Five-story wood frame buildings.

The following sections, DMMC 14.05.140 through 14.05.220, shall be applicable to the following zoning classifications:

Pacific Ridge Commercial, Pacific Ridge Residential, Business Park, Woodmont Commercial, and Transit Community Zones. [Ord. 1618-A § 13, 2015: Ord. 1602 § 1, 2014: Ord. 1601 § 19, 2014: Ord. 1581 § 23, 2013.]

14.05.140 Purpose – Five-story wood frame buildings.

The purpose of these provisions is to authorize the construction of five-story wood frame buildings as an approved alternate design and construction method under the IBC, and to set forth the criteria and standards which must be met before a building permit may be issued for a five-story wood frame building within the zoning classifications set forth in DMMC 14.05.130. [Ord. 1581 § 34, 2013.]

14.05.150 Construction – Five-story wood frame buildings.

(1) IBC Requirements. Five-story wood frame buildings must comply with all requirements of the IBC, except as modified or supplemented by this chapter. In the event of a conflict between the IBC and the provisions of this chapter, the provisions of this chapter shall control. References in this chapter to building construction “types” (e.g., Type I or Type V) shall have the same meaning as set forth in the IBC.

(2) Lowest Story Construction Requirements. The lowest story in a five-story wood frame building shall be constructed of Type V-A fire-resistive construction, except that all structural frame and load-bearing elements must consist of approved, two-hour fire-resistive construction.

(3) Upper Four Stories. The upper four stories of a five-story wood frame building shall be constructed of at least Type V-A fire-resistive construction.

(4) Use of Type V above Type I-A Construction. Where Type V wood frame stories are constructed over Type I-A construction, the Type V stories shall be separated from the Type I stories as provided in the IBC. [Ord. 1581 § 35, 2013.]

14.05.160 Occupancy.

(1) Occupancy of five-story wood frame buildings shall be allowed as provided in the IBC, except that B, M, and R-1 occupancies shall be allowed on any floor.

(2) Occupancy shall have the same meaning as set forth in the IBC. [Ord. 1581 § 36, 2013.]

14.05.170 Stair enclosures.

Where five-story buildings are designed and constructed, all stair enclosures shall be of two-hour fire-resistive construction as set forth in the IBC. One-and-one-half-hour opening protection shall be provided as set forth in the IBC. [Ord. 1581 § 37, 2013.]

14.05.180 Fire detection and protection.

(1) Five-story wood frame buildings shall be protected throughout by an automatic fire sprinkler system complying with the IBC and the IFC. Use of the automatic fire sprinkler system shall be in addition to, not in lieu of, one-hour fire-resistive construction. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of wood frame construction may be permitted.

(2) All stair enclosures and elevator shafts shall be pressurized as set forth in the IBC. In addition, a class I standpipe system as required by the IBC shall be installed.

(3) A standby power-generator set shall be provided on the premises in accordance with the IBC and the Washington Cities Electrical Code. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to stair enclosures, elevator shaft pressurization, and elevators. [Ord. 1581 § 38, 2013.]

14.05.190 Height.

The maximum height of five-story buildings designed and constructed shall be 75 feet, unless limited otherwise in Title 18 DMMC, Zoning Code. The height shall be measured as provided in the IBC. [Ord. 1602 § 2, 2014: Ord. 1581 § 39, 2013.]

14.05.200 Basic allowable floor area.

The basic allowable area of floors of five-story wood frame buildings shall be as allowed in the IBC. For the purpose of this chapter only, the total allowable area, as calculated subject to the IBC, may be increased by 25 percent. [Ord. 1581 § 40, 2013.]

14.05.210 Fire Department access.

Site design for any five-story wood framed building shall include access sufficient for Fire Department vehicles, as determined by the Fire Chief and Building Official. Fire Department vehicle access shall be documented on site and building plans. [Ord. 1581 § 41, 2013.]

14.05.220 Construction inspection.

The following shall be required for buildings designed and constructed pursuant to this chapter:

(1) Structural observation provided by the engineer of record for structural frame elements as set forth in the IBC; and

(2) Special inspections as required by the IBC. [Ord. 1581 § 42, 2013.]