Chapter 16.04
CONSTRUCTION ADMINISTRATIVE CODE
Sections:
16.04.040 Duties and powers of code officials.
16.04.060 Construction documents.
16.04.130 Appeals – Hearing examiner.
16.04.160 Unsafe structures and equipment.
16.04.010 General.
A. Title. These regulations shall be known as the construction administrative code of the city of Enumclaw, hereinafter referred to as “this code.”
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 in EMC 16.02.010.
1. 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.
2. Definitions. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section. 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.
a. “Addition” means an extension or increase in floor area or height of a building or structure.
b. “Alter” or “alteration” means a change or modification of a building, structure or building service equipment.
c. “Approved agency” means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services when the agency has been approved by the building official.
d. “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.
e. “Property maintenance code” means the latest edition of the International Property Maintenance Code published by the International Code Council as adopted by the jurisdiction.
f. “Energy code” means the latest edition of the Washington State Energy Code published by the Washington State Building Code Council as adopted by the jurisdiction.
g. “Existing building code” means the latest edition of the International Existing Building Code published by the International Code Council as adopted by the jurisdiction.
h. “IBC” means the latest edition of the International Building Code published by the International Code Council as adopted by this jurisdiction.
i. “IFC” means the latest edition of the International Fire Code published by the International Code Council as adopted by this jurisdiction.
j. “IMC” means the latest edition of the International Mechanical Code published by the International Code Council as adopted by this jurisdiction.
k. “IRC” means the latest edition of the International Residential Code published by the International Code Council as adopted by this jurisdiction.
l. “LPG” means liquefied petroleum gas.
m. “NEC” means the latest edition of the National Electrical Code promulgated by the National Fire Protection Association.
n. “NFPA” means the National Fire Protection Association.
o. “SBCC” means the Washington State Building Code Council as appointed by the governor of the state of Washington.
p. “UPC” means the latest edition of the Uniform Plumbing Code published by the International Conference of Building Officials as adopted by this jurisdiction.
C. Intent. The purpose of this code 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.
D. Referenced Codes. The codes listed in subsections (D)(1) through (8) of this section and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
1. International Building Code. The provisions of the International Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
2. International Residential Code. The provisions of the International Residential Code for one- and two-family dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress and their accessory structures.
3. Mechanical. The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. Exceptions:
a. The International Fuel Gas Code – for all installations utilizing natural gas except those regulated by the IRC and those utilizing LPG.
b. International Residential Code – for all structures regulated by the IRC except LPG installations.
c. NFPA 54 and 58 – for all LPG installations.
4. Liquid Propane Gas. The provisions of the National Fuel Gas Code and Liquid Petroleum Gas Code (NFPA 54 and 58) shall apply to the installation of all materials and equipment utilizing liquid propane gas.
5. Natural Gas. The provisions of the International Fuel Gas Code shall apply to the installation of all materials and equipment utilizing natural gas except those regulated by the International Residential Code.
6. Plumbing. The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
7. Energy. The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency.
8. Electrical. The provisions of the National Electrical Code (NEC) shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Within the city of Enumclaw, enforcement of the NEC shall fall under the jurisdiction of the state of Washington. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2529 § 1 (Exh. A), 2013; Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.04.020 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. Existing Structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2401, 2008).
16.04.030 Enforcement agency.
A. Creation of Enforcement Agency. The building department is hereby created and the official in charge thereof shall be known as the building official. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2401, 2008).
16.04.040 Duties and powers of code officials.
A. General. The fire code official is authorized and directed to enforce the provisions of the International Fire Code. The fire code official shall have the authority of the building official in matters relating to application of the International Fire Code.
B. Applications and Permits. The building official shall receive applications, review construction documents and issue permits for building service equipment.
C. Inspections. The building official shall make all the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2401, 2008).
16.04.050 Permits.
A. Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
1. Fire Code Permits Required. The fire code official is authorized to issue operational permits for the operations set forth in IFC Sections 105.6.1 through 105.6.46 and is further authorized to issue construction permits for work as set forth in IFC Sections 105.7.1 through 105.7.13.
B. Work Exempt from Permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
1. Building.
a. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet;
b. Prefabricated swimming pools accessory to a one- or two-family dwelling or Group R-3 occupancy, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925L) and are installed entirely above ground;
c. Satellite earth station antennas six and one-half feet (two meters) or less in diameter or diagonal in zones other than residential zones;
d. Satellite earth station antennas three and one-fourth feet (one meter) or less in diameter in residential zones; and
e. Video programming service antennas three and one-fourth feet (one meter) or less in diameter or diagonal dimension, regardless of zone.
2. Mechanical.
a. Portable cooking, or clothes drying appliances.
b. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected.
C. Application for Permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose. Such application shall include:
1. Time Limitation of Application. Applications may be canceled for inactivity if an applicant fails to respond to the department’s written request for revisions, corrections, actions or additional information within 90 days of the date of request. The building official may extend the response period beyond 90 days if within the original 90-day time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the department.
2. The building official may extend the life of an application if any of the following conditions exist:
a. Compliance with the State Environmental Policy Act is in progress;
b. Any other city review is in progress; provided the applicant has submitted a complete response to city requests or the building official determines that unique or unusual circumstances exist that warrant additional time for such response, and the building official determines that the review is proceeding in a timely manner toward final city decision; or
c. Litigation against the city or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.
D. Placement of Permit. The building permit, inspection card, and the approved stamped plans shall be kept on the site of the work until the completion of the project. The approved stamped plans shall not be disassembled or made unreadable. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2401, 2008).
16.04.060 Construction documents.
A. Submittal Documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the state of Washington. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Shop drawings shall be prepared by a certified individual as required by the state of Washington.
B. Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
C. Examination of Documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
1. Use of Consultants. Whenever review of a building permit application requires retention by the jurisdiction for professional consulting services, the applicant shall reimburse the jurisdiction the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The jurisdiction may require the applicant to deposit an amount with the 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.
D. Design Professional in Responsible Charge.
1. General. Where structural observation is required by IBC Chapter 17, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.
E. Deferred Submittals. For the purposes of this section, “deferred submittals” are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The building official is authorized to charge an additional plan review fee to evaluate deferred submittals under the provisions of this section. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2401, 2008).
16.04.080 Fees.
A. Plan Review Fees. When submittal documents are required by EMC 16.04.060, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official may have the option to charge 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 EMC 16.04.060, an additional plan review fee shall be charged at the rate shown in the fee code established by the jurisdiction.
B. Building Permit Valuations. The applicant for a permit shall provide an estimated permit value at time of application. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The latest edition of the ICC “Building Safety” publication shall be used to determine building valuations for the various building types and occupancies noted in that table. Regional modifiers shall not be applicable. When a specific building type or occupancy is not noted in the valuation table, the building official is authorized to use any of the classification types noted in the table that most closely resemble the proposed type of building, or determine a valuation type independently based upon the fair market value of the work.
C. Performance Bonds. Prior to issuance of a demolition permit, the city may, at its discretion, elect to have the applicant or agent post a cash bond with the building department in an amount proportional to the project cost of demolition. The bond amount shall be fully refundable upon inspection and final approval of the demolition permit.
D. Refunds. The building official is authorized to establish a refund policy. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2401, 2008).
16.04.090 Inspections.
A. Manufacturer’s Installation Instructions. Manufacturer’s installation instructions, as required by this code, shall be available on the job site at the time of inspection.
B. Required Inspections. The building official, upon notification, shall make the inspections set forth in subsections (B)(1) through (5) of this section.
1. IMC/IPC/GAS/NEC Rough-in Inspection. Rough-in mechanical, gas piping, plumbing and electrical shall be inspected when the rough-in work is complete and, if required, under test. No connections to primary utilities shall be made until the rough-in work is inspected and approved.
2. Frame Inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
3. Lath Inspection and Gypsum Board Inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.
Exception: Gypsum board that is not part of a fire-resistance rated assembly or a shear assembly.
4. Reinspection. The building official may require a structure or portions of work to be re-inspected. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete, when corrections called for are not made, when the approved plans and permit are not on site, or when the building is not accessible.
5. Other Inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.04.110 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. 2689 § 1 (Exh. A), 2021; Ord. 2401, 2008).
16.04.120 Service utilities.
A. Connection of Service Utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.
B. Temporary Connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
C. Authority to Disconnect Service Utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made without the required approval. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2401, 2008).
16.04.130 Appeals – Hearing examiner.
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 for code enforcement actions which are subject to Chapter 15.12 EMC, there shall be and is hereby created a board of appeals consisting of the city of Enumclaw’s appointed hearing examiner.
A. Appeal to Hearing Examiner.
1. The hearing examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code as set forth in Chapter 15.13 EMC, except as provided in Chapter 70.92 RCW.
2. 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 Enumclaw fee schedule and filing at the office of community development a written application of appeal containing:
(1) A heading in the words: “Before the Hearing Examiner of the city of Enumclaw.”
(2) A caption reading: “Appeal of Building Official Decision or Determination,” giving the names of all appellants participating in the appeal.
(3) 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.
(4) 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.
(5) 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.
(6) The signatures of all parties named as appellants and their official mailing addresses.
(7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
3. The application of appeal shall be filed within 30 days from the date of the building official’s determination or decision; provided, however, that if a building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated, such application of appeal shall be filed within 10 days from the date of the building official’s decision or determination.
4. 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 Enumclaw fee schedule, the building 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 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.
5. 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.
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.
6. 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 decisions or determinations.
7. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
8. 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.
(1) 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.
(2) 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 Chapter 1.08 EMC.
h. Conduct of Hearing.
(1) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(2) Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
(3) 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.
(4) 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.
(5) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
(6) 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.
(7) 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) 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.
(8) Limitation of Testimony. The examiner has the right to limit the time a witness may testify.
9. 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.
10. 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 County, if at all, by an aggrieved party or person.
11. 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. 2689 § 1 (Exh. A), 2021; Ord. 2575 § 6 (Exh. C), 2015; Ord. 2401, 2008).
16.04.140 Violations.
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to code enforcement and penalties as prescribed in Chapter 15.12 EMC. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2575 § 6 (Exh. C), 2015; Ord. 2401, 2008).
16.04.150 Stop work order.
Whenever the building official finds any work being performed in a manner either contrary to the provisions of this code or other pertinent laws or ordinances implemented through the enforcement of this code, the building official is authorized to issue a stop work order pursuant to EMC 15.12.110. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2575 § 6 (Exh. C), 2015; Ord. 2401, 2008).
16.04.160 Unsafe structures and equipment.
A. General. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in the International Property Maintenance Code. A vacant structure that is not secured against entry shall be deemed unsafe.
1. Evacuation. The fire code official or the fire department 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 fire department official in charge of the incident. (Ord. 2689 § 1 (Exh. A), 2021; Ord. 2401, 2008).