Chapter 14.04
TECHNICAL BUILDING CODES

Sections:

Article 1 – General Provisions

14.04.010    Title.

14.04.020    Purpose and scope.

14.04.030    Kitsap County amendment or additional language format.

14.04.040    Referenced codes.

14.04.050    Conflicts among codes.

14.04.060    Administration and enforcement of code.

14.04.065    Violations.

14.04.070    Severability.

14.04.080    Liberal construction.

Article 2 – Definitions

14.04.090    Generally.

14.04.100    Definitions.

Article 3 – Fees and Fee Policies Established by Resolution

14.04.110    (Repealed)

14.04.120    Kitsap County permit fees.

14.04.125    Fee refunds.

14.04.130    (Repealed)

14.04.140    (Repealed)

14.04.150    (Repealed)

14.04.160    (Repealed)

14.04.170    (Repealed)

14.04.180    (Repealed)

14.04.190    (Repealed)

14.04.200    (Repealed)

14.04.210    (Repealed)

14.04.220    (Repealed)

Article 4 – Building Code Amendments

14.04.230    General.

14.04.235    Corrections.

14.04.240    Permit required: Tenant permit – New building.

14.04.250    Permit required: Tenant permit – Existing building.

14.04.260    (Repealed)

14.04.265    Complete application.

14.04.268    Permit expiration.

14.04.270    (Repealed)

14.04.272    Building permit fees established by resolution.

14.04.277    Certificate of occupancy.

14.04.280    (Repealed)

14.04.285    Appeals.

14.04.290    (Repealed)

14.04.291    Electric vehicle charging infrastructure.

14.04.295    Addressing.

14.04.300    (Repealed)

14.04.308    Central monitoring stations.

14.04.310    Installation requirements.

14.04.320    Fire extinguishing systems.

14.04.325    Fire alarm and detection systems.

14.04.330    (Repealed)

14.04.340    (Repealed)

14.04.405    (Repealed)

14.04.415    Energy efficiency.

14.04.425    Flood hazard areas.

14.04.435    International Existing Building Code amendments.

Article 5 – International Residential Code Amendments

14.04.501    IRC general.

14.04.505    Work exempt from permit.

14.04.515    Application for permit.

14.04.518    Permit expiration.

14.04.520    Basic plan system.

14.04.522    IRC permit fees established by resolution.

14.04.525    IRC appeals.

14.04.528    Definitions.

14.04.532    Corrections.

14.04.535    Design criteria.

14.04.545    Special flood hazard areas.

14.04.548    Egress doors.

14.04.552    Sleeping rooms.

14.04.555    Protection against decay.

14.04.558    Prescriptive foundations.

14.04.565    (Repealed)

14.04.572    Roof drainage.

14.04.575    Electrical Code references.

14.04.582    (Repealed)

14.04.585    Plumbing Code references.

14.04.588    (Repealed)

14.04.590    Prohibited equipment and appliance location.

14.04.592    Manufactured homes.

14.04.595    Existing buildings.

Article 6 – Mechanical Code Amendments

14.04.601    IMC general.

14.04.605    IMC corrections.

14.04.615    IMC violations and appeals.

14.04.625    Flood hazard areas.

14.04.635    Ventilation.

14.04.645    International Fuel Gas Code (IFGC).

14.04.655    IFGC appeals and violations.

Article 7 – International Fire Code Amendments

14.04.700    IFC general.

14.04.705    Appeals and violations.

14.04.710    Operational permits.

14.04.720    Construction permits (Reserved).

14.04.725    Sky lanterns – Sale and use prohibited.

14.04.730    Fire department access.

14.04.735    (Repealed)

14.04.740    Fire hydrant requirements.

14.04.750    Fire alarm and detection systems.

14.04.760    Appendices adopted and amended.

14.04.770    Installation requirements.

14.04.780    Fire extinguishing systems.

14.04.785    IFC referenced standards.

14.04.790    (Repealed)

Article 8 – Plumbing Code Amendments

14.04.800    General.

Article 9 – Abatement of Dangerous Buildings

14.04.850    DBC general.

14.04.860    Enforcement.

14.04.865    Dangerous buildings.

14.04.870    Dangerous building definitions.

14.04.875    Compliance.

14.04.880    Recovery of costs.

Article 10 – Washington State Energy Code

14.04.885    WSEC.

Article 11 – Washington State Ventilation and Indoor Air Quality Code

14.04.890    (Repealed)

Article 12 – Washington State Historic Building Code

14.04.895    (Repealed)

Article 13 – Washington State Manufactured Homes (and Mobile Homes) Installation Standards

14.04.900    Manufactured homes.

14.04.910    General.

Article 14 – Washington State Modular Homes and Modular Nonresidential (Commercial) Installation Standards

14.04.920    Modular buildings.

14.04.930    General.

Article 15 – Board of Appeals

14.04.950    Creation.

14.04.960    Name.

14.04.970    Membership.

14.04.980    Filings.

14.04.990    Limitations of authority.

Article 1 – General Provisions

14.04.010 Title.

The ordinance codified in this chapter shall be known as the Kitsap County Building and Fire Code.

(Ord. 323 (2004) § 1, 2004: Ord. 224 (1998) § 1.1, 1998)

14.04.020 Purpose and scope.

The purpose of the Kitsap County Building and Fire Code is to regulate construction and or development of site work within the unincorporated boundaries of Kitsap County. Further it is the purpose of this chapter to adopt locally state mandated laws and codes regulating construction in order to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public as a whole by enforcement of building codes throughout this jurisdiction.

It is also the purpose of this chapter, through enforcement of referenced codes, to regulate the safe and proper function of elements of a site or site improvement work and essential systems of a building including: plumbing and sanitation, water conservation, heating, air conditioning, ventilation, energy efficiency, fire suppression systems, alarm systems, and fire department access.

Provided, notwithstanding anything in this chapter or in the codes adopted by this ordinance to the contrary, this ordinance establishes duties owed to the public as a whole and not any duties to protect any person or class of persons.

(Ord. 323 (2004) § 2, 2004: Ord. 224 (1998) § 1.2, 1998)

14.04.030 Kitsap County amendment or additional language format.

Kitsap County amendments or additional sections contained within this chapter shall retain the same code section designations as the original documents or similar numbering and section designations in order to produce a user-friendly document.

(Ord. 323 (2004) § 3, 2004: Ord. 224 (1998) § 1.3, 1998)

14.04.040 Referenced codes.

Pursuant to and by the authority of Chapters 19.27, 36.32, 36.43, 36.70A, 43.22, 43.22A, and 70.77 RCW, the following codes and standards are adopted by reference and are amended as shown in Sections 14.04.230 through 14.04.930:

A.    The International Building Code (2018 Edition), published by the International Code Council, and amended by the Washington State Building Code Council in Chapter 51-50 WAC, together with:

Appendix C, Agricultural Buildings;

Appendix E, Supplemental Accessibility Requirements;

Appendix G, Flood-Resistant Construction;

Appendix J, Grading;

This shall be known hereafter as the “International Building Code” or the “IBC.”

B.    The International Residential Code (2018 Edition), published by the International Code Council, and amended by the Washington State Building Code Council in Chapter 51-51 WAC, together with:

Appendix E, Manufactured Housing Used As Dwellings;

Appendix J, Existing Buildings and Structures;

Appendix R, Light Straw-Clay Construction;

This shall be known hereafter as the “International Residential Code” or the “IRC.”

C.    The International Mechanical Code (2018 Edition), published by the International Code Council, and amended by the Washington State Building Code Council in Chapter 51-52 WAC, together with the International Fuel-Gas Code (2018 Edition), published by the International Code Council.

This shall be known hereafter as the “International Mechanical Code” or the “IMC.”

D.    The International Fire Code (2018 Edition), published by the International Code Council, and amended by the Washington State Building Code Council in Chapter 51-54 WAC; and as adopted and amended herein, together with:

Appendix B, Fire Flow Requirements for Buildings;

Appendix F, Hazard Ranking;

Appendix G, Cryogenic Fluids – Weight and Volume Equivalents.

This shall be known hereafter as the “International Fire Code” or the “IFC.”

E.    The Uniform Plumbing Code (2018 Edition), published by the International Association of Plumbing and Mechanical Officials, and amended by the Washington State Building Code Council in Chapter 51-56 WAC, together with:

Appendix Chapter A, Recommended Rules for Sizing the Water Supply System;

Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems;

Appendix Chapter D, Sizing of Storm Water Drainage Systems;

Appendix Chapter I, Installation Standards. But excluding Chapters 12 and 15; and

Those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as found in Chapter 5; and Those portions of the code addressing building sewers.

This shall be known hereafter as the “Uniform Plumbing Code” or the “UPC.”

Any wording or reference to codes other than those established and adopted herein shall mean the relevant International Codes, or Washington State Codes as adopted herein.

F.    The Abatement of Dangerous Buildings Code, as set forth in Sections 14.04.850 through 14.04.880.

This shall be known hereafter as the “Abatement of Dangerous Buildings Code” or “DBC.”

G.    The Washington State Energy Code as amended and published by the Washington State Building Code Council, Chapters 51-11(C) and 51-11(R) WAC.

This shall be known hereafter as the “WSEC.”

H.    The Washington State Manufactured Homes Installation Requirements, or Mobile Homes Installation Requirements. Pursuant to Chapter 19.27 RCW and RCW 43.22.440, the installation standards of Chapter 296-150M WAC, together with the reference standards listed therein, are adopted as adopted and amended by the state of Washington.

I.    The Washington State Factory Built Housing and Commercial Structures Installation Requirements, or Modular Installation Requirements. Pursuant to Chapter 19.27 RCW and RCW 43.22.460, the installation standards of Chapter 296-150F WAC, together with the reference standards listed therein, are adopted as adopted and amended by the state of Washington.

J.    The International Existing Building Code (2018 Edition) published by the International Code Council, and amended by the Washington State Building Code Council in WAC 51-50-4800; and as adopted and amended herein.

This shall be known as the “International Existing Building Code” or the “IEBC.”

(Ord. 592 (2021) § 1, 2021; Ord. 552 (2018) § 1, 2018: Ord. 464 (2010) § 1, 2010: Ord. 391 (2007) § 1, 2007: Ord. 323 (2004) § 4, 2004: Ord. 280 (2002) § 2, 2002: Ord. 224-B (1999) § 1, 1999: Ord. 224 (1998) § 1.4, 1998)

14.04.050 Conflicts among codes.

In case of conflict among the above adopted codes, the codes adopted by reference in subsections (A) through (E) of Section 14.04.040 determine the hierarchy. The first-named code shall supersede and shall govern over those following, except as specifically described within WAC Chapters 51-11 through 51-57.

Wherever the adopted codes state the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever the adopted codes state the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever the adopted codes state the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

(Ord. 323 (2004) § 5, 2004: Ord. 224 (1998) § 1.5, 1998)

14.04.060 Administration and enforcement of code.

The Kitsap County department of community development is charged with the administration and enforcement of the Kitsap County building and fire code. To this end, the director of the department of community development shall provide a system that will retain necessary personnel, conduct inspections and investigations, issue appropriate permits, maintain necessary records and files, and do, or cause to be done, all things necessary and proper for the administration and enforcement of the Kitsap County building and fire code.

(Ord. 592 (2021) § 2, 2021; Ord. 323 (2004) § 6, 2004: Ord. 224 (1998) § 1.6, 1998)

14.04.065 Violations.

A.    The violation of any provision of this title shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued, or permitted. Infractions shall be processed in accordance with the provisions of Chapter 2.116, as now or hereafter amended.

B.    Any use, building or structure in violation of this chapter is unlawful, and a public nuisance. Notwithstanding any other remedy or means of enforcement of the provisions of this chapter, including but not limited to Chapter 9.56 pertaining to the abatement of public nuisances or Article 9 of this chapter, Abatement of Dangerous Buildings, the county may bring an action for a mandatory injunction to abate the violation in accordance with the law. The costs of such a suit shall be taxed against the person found to have violated this title.

C.    The provisions in this section are cumulative and not intended to limit the enforcement remedies available for violations of this chapter. In addition to the provisions in this section, the county may take any and all enforcement actions available to it under law.

(Ord. 592 (2021) § 3, 2021; Ord. 391 (2007) § 2, 2007: Ord. 323 (2004) § 7, 2004)

14.04.070 Severability.

If any section, subsection, sentence, clause, phrase or provision in the Kitsap County Building and Fire Code, or its application to any person, entity or circumstances, is for any reason held invalid, the remainder of the Kitsap County Building and Fire Code, or the application of the provisions to other persons, entities or circumstances, shall not be affected.

(Ord. 323 (2004) § 8, 2004: Ord. 224 (1998) § 15, 1998)

14.04.080 Liberal construction.

The rule of strict construction shall have no application to the Kitsap County Building and Fire Code, but the same shall be liberally construed in order to carry out the purposes and objectives for which it is intended.

(Ord. 323 (2004) § 9, 2004: Ord. 224 (1998) § 16, 1998)

Article 2 – Definitions

14.04.090 Generally.

The definitions contained in the codes adopted by reference in Section 14.04.040, together with the definitions contained within the applicable RCW and WAC provisions shall apply to the enforcement of this chapter unless amended in this section.

Because this article contains amended definitions or terms, a full alphabetical listing of definitions is not duplicated in this chapter. Where a term or phrase is defined in this section, the definition printed in this article amends the corresponding definitions in the codes or laws adopted by reference.

(Ord. 592 (2021) § 4, 2021; Ord. 323 (2004) § 10, 2004: Ord. 224 (1998) § 2.0, 1998)

14.04.100 Definitions.

A.    “Administrative authority” means the director of the department of community development or the designee of the director of the department of community development. The administrative authority is responsible for the enforcement and administration of the codes adopted by this chapter.

B.    “Base flood elevation” shall mean the elevation of the base flood as defined in Section 15.08.050. Base flood elevation is the same as “design flood elevation,” also referred to as the “one-hundred-year flood” or “one-hundred-year flood plain elevation.” (Designations on FIRM maps always include the letter A or V.)

C.    “Basic plan” means a blueprint or drawing used to obtain repetitive building permits.

D.    “Bed and breakfast house” means a building arranged or used for lodging for compensation with four or less guest rooms, may include a morning meal, and is an owner-occupied single-family dwelling. A bed and breakfast house is considered an R3 dwelling unit that is permitted to be constructed in accordance with the International Residential Code.

E.    “Bed and breakfast boarding house” means a building arranged or used for lodging for compensation with five to ten guest rooms, may include a morning meal, and is an owner-occupied single-family dwelling. A bed and breakfast boarding house has a more intense use that is commercial in nature and is considered an R3 dwelling unit constructed in accordance with the International Building Code.

F.    “Boarding house” means a building arranged or used for lodging for compensation, with or without meals, with any number of guest rooms and not occupied as a single-family unit; or an owner-occupied building with more than ten guest rooms. A boarding house is commercial in nature and is considered an R1 boarding house in accordance with the International Building Code.

G.    “Building official” means the chief building official of the department of community development or an authorized designee. The building official is the “code official” and the “authority having jurisdiction” for those codes and standards adopted in Section 14.04.040 except for the International Fire Code.

H.    “Chief” or “fire chief” means the fire marshal of the department of community development or an authorized designee. The fire chief is the “code official” and the “authority having jurisdiction” over the International Fire Code.

I.    “Chief of police” or “police department” shall mean the Kitsap County sheriff.

J.    “Executive body” shall mean the Kitsap County board of commissioners.

K.    “Fire department” shall mean the fire prevention bureau (fire marshal division) of the department of community development.

(Ord. 592 (2021) § 5, 2021; Ord. 323 (2004) § 11, 2004: Ord. 224 (1998) § 2.1, 1998)

Article 3 – Fees and Fee Policies Established by Resolution

14.04.110 (Repealed)*

*    Editor’s Note: Former Section 14.04.110, “Uniform Building Code plan review fees,” was repealed by § 3 of Ord. 280 (2002). Section 3.1 of Ord. 224 (1998) was formerly codified herein.

14.04.120 Kitsap County permit fees.

Kitsap County building permit fees and fee policies (including refund policies) shall be established by, and may be modified by, resolution. The resolution(s) shall include all building permit fee policies and fee schedules for the department of community development. The public participation process for adopting fee policies and the building permit fee schedule, by resolution, shall include a public hearing before the Kitsap board of county commissioners for any proposed change. Fees or fee policies established or modified by resolution shall occur during the scheduled Kitsap County annual and/or quarterly supplemental budget process. The resolution shall be available for public inspection in the department of community development.

(Ord. 596 (2021) § 1, 2021; Ord. 440 (2009) § 3, 2009: Ord. 406 (2008) § 2, 2008: Ord. 391 (2007) § 3, 2007: Ord. 323 (2004) § 12, 2004: Ord. 280 (2002) § 4, 2002: Ord. 224 (1998) § 3.1.1, 1998)

14.04.125 Fee refunds.

The code official shall authorize fee refunds as established by resolution.

(Ord. 440 (2009) § 4, 2009: Ord. 323 (2004) § 13, 2004:)

14.04.130 (Repealed)*

*    Editor’s Note: Former Section 14.04.130, “Valuation Determination,” was repealed by § 14 of Ord. 323 (2004). Section 5 of Ord. 280 (2002), and § 3.1.2 of Ord. 224 (1998) were formerly codified herein.

14.04.140 (Repealed)*

*    Editor’s Note: Former Section 14.04.140, “UBC basic plan fee schedule,” was repealed by § 6 of Ord. 280 (2002). Section 3.2 of Ord. 224 (1998) was formerly codified herein.

14.04.150 (Repealed)*

*    Editor’s Note: Former Section 14.04.150, “UMC 1997,” was repealed by § 15 of Ord. 323 (2004). Section 7 of Ord. 280 (2002), and § 3.3 of Ord. 224 (1998) were formerly codified herein.

14.04.160 (Repealed)*

*    Editor’s Note: Former Section 14.04.160, “UMC fee exemption,” was repealed by § 8 of Ord. 280 (2002). Section 3.4 of Ord. 224 (1998) was formerly codified herein.

14.04.170 (Repealed)*

*    Editor’s Note: Former Section 14.04.170, “UFC temporary structure fees,” was repealed by § 16 of Ord. 323 (2004). Section 9 of Ord. 280 (2002), and § 3.5 of Ord. 224 (1998) were formerly codified herein.

14.04.180 (Repealed)*

*    Editor’s Note: Former Section 14.04.180, “Fireworks permit,” was repealed by § 17 of Ord. 323 (2004). Section 10 of Ord. 280 (2002), and § 3.6 of Ord. 224 (1998) were formerly codified herein.

14.04.190 (Repealed)*

*    Editor’s Note: Former Section 14.04.190, “UPC 1997,” was repealed by § 11 of Ord. 280 (2002). Section 3.7 of Ord. 224 (1998) was formerly codified herein.

14.04.200 (Repealed)*

*    Editor’s Note: Former Section 14.04.200, “Plumbing permit fee schedule,” was repealed by § 18 of Ord. 323 (2004). Section 12 of Ord. 280 (2002), and § 3.8 of Ord. 224 (1998) were formerly codified herein.

14.04.210 (Repealed)*

*    Editor’s Note: Former Section 14.04.210, “Fees for the installation of manufactured homes, modular homes, and modular commercial buildings,” was repealed by § 19 of Ord. 323 (2004). Section 13 of Ord. 280 (2002), and § 3.9 of Ord. 224 (1998) were formerly codified herein.

14.04.220 (Repealed)*

*    Editor’s Note: Former Section 14.04.220, “Procedures for the inspection of pre-fabricated construction,” was repealed by § 20 of Ord. 323 (2004). Section § 3.10 of Ord. 224 (1998) was formerly codified herein.

    For manufactured and mobile home installation standards refer to Sections 14.04.90014.04.930.

Article 4 – Building Code Amendments

14.04.230 General.

A.    IBC Section 101.1 is amended as follows:

101.1 Title. These regulations shall be known as the Kitsap County Building Code, hereinafter referred to as “this code.”

B.    IBC Section 101.2 is amended as follows:

101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, 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.

Exceptions:

1.    Detached one- and two-family dwellings, and multiple single-family dwellings (town houses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code.

2.    Detached single-family dwellings used as a Bed and Breakfast House shall comply with the International Residential Code.

3.    Projects constructed for road purposes located in the county right of way shall comply with the Kitsap County Road Standards.

C.    IBC Section 101.4.3 is amended as follows:

101.4.3 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. The provisions of the Kitsap County Code, Titles 9 and 13 shall apply to private sewage disposal systems.

D.    IBC Section 101.4.4 is deleted and not adopted.

E.    IBC Section 101.4.6 is amended as follows:

101.4.6 Energy. The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency.

F.    IBC Section 101.4 is amended by adding an additional subsection, 101.4.8, as follows:

101.4.8 Washington State Referenced Codes. Wherever the adopted codes state the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever the adopted codes state the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever the adopted codes state the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

(Ord. 592 (2021) § 6, 2021; Ord. 552 (2018) § 2, 2018: Ord. 464 (2010) § 2, 2010: Ord. 391 (2007) § 4, 2007: Ord. 323 (2004) § 21, 2004: Ord. 280 (2002) § 14, 2002: Ord. 224 (1998) § 4.1, 1998)

14.04.235 Corrections.

Publishing or typographical error corrections as identified in Errata published by the International Code Council shall become part of this code as if contained herein.

(Ord. 323 (2004) § 22, 2004)

14.04.240 Permit required: Tenant permit – New building.

IBC Section 105 is amended by adding an additional section, 105.1.3 as follows:

105.1.3 Permit Required Prior to Occupancy, Shell Building. When a building is constructed with future tenant spaces intended to be finished or occupied at a later date, a separate building permit is required for each tenant space prior to any tenant occupancy.

EXCEPTION: Individual rental units of mini-storage buildings.

Upon approval of all required inspections and completion of the scope of the permit to finish or occupy the tenant space, a certificate of occupancy shall be issued.

The fee for issuance of a tenant permit to occupy new buildings shall be established by resolution.

(Ord. 440 (2009) § 11, 2009: Ord. 323 (2004) § 23, 2004: Ord. 280 (2002) § 15, 2002: Ord. 224 (1998) § 4.2, 1998)

14.04.250 Permit required: Tenant permit – Existing building.

IBC Section 105 is amended by adding a new section, 105.1.4 as follows:

105.1.4 Permit Required Prior to Occupancy, Existing Building. A building permit is required and shall be obtained prior to use or occupancy of an existing building or portion thereof.

EXCEPTIONS:

1.    No tenant permit is required for the continuous occupancy or use of a building or portion thereof if there is no new construction or change in use, provided the building or portion thereof has previously obtained a building permit, has passed a final inspection, has been issued a certificate of occupancy, and has been continuously occupied in accordance with such permit and certificate of occupancy.

2.    No tenant permit is required for occupancies in existence prior to the first adoption of the Uniform Building Code in Kitsap County, provided the original use or occupancy has been continuously maintained.

3.    All R-3, and U occupancies.

4.    Individual dwelling units of R-1 and R-2 occupancies.

5.    Individual rental units of mini-storage buildings.

Upon approval of all required inspections and completion of the scope of the permit to finish or occupy the tenant space, a certificate of occupancy shall be issued.

The fee for issuance of a tenant permit to occupy existing buildings shall be established by resolution.

(Ord. 440 (2009) § 12, 2009: Ord. 323 (2004) § 24, 2004: Ord. 280 (2002) § 16, 2002: Ord. 224 (1998) § 4.3, 1998)

14.04.260 (Repealed)

*    Editor’s Note: Former Section 14.04.260, “Certificate of occupancy,” was repealed by § 25 of Ord. 323 (2004). Section 17 of Ord. 280 (2002), and § 4.4 of Ord. 224 (1998) were formerly codified herein.

    For certificate of occupancy regulations refer to Section 14.04.277.

14.04.265 Complete application.

IBC Section 105.3 is amended as follows:

105.3 Application for Permit. To obtain a permit, the applicant shall first file an application in writing on forms furnished by the Department of Community Development for such purposes. Such application shall:

1.    Identify and describe the work to be covered by the permit for which an application is made.

2.    Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitively locate the proposed building or work, and shall include the property tax parcel number as assigned by the Kitsap County Tax Assessor.

3.    Indicate the use and occupancy for which the work is intended.

4.    Be accompanied by construction documents and other information as required by Section 107.2.

5.    State the valuation of the proposed work.

6.    Be signed by the applicant, or the applicant’s authorized agent.

7.    Give such other data and information as required by the building official.

8.    Be accompanied by a certificate of concurrency when required by this section and the provisions of the Kitsap County Transportation Facilities Concurrency Ordinance (Kitsap County Code Title 20), as now or hereafter amended. Unless specifically exempt from concurrency as specified in Kitsap County Code Title 20, a copy of the issued certificate of concurrency for the proposed development is required prior to the acceptance of all building permit applications.

9.    Be accompanied by evidence of an adequate water supply and sewage disposal system where plumbing fixtures are part of the proposed building permit application.

A.    Evidence of an adequate water supply may be provided by one of the following:

1.    A water right permit from the state department of ecology.

2.    A letter from an approved water purveyor stating the ability to provide water.

3.    An accepted building site application* approved by the Kitsap Public Health District where water is supplied by a permit-exempt well constructed prior to January 19, 2018.

4.    An accepted building site application* approved by the Kitsap Public Health District where water is supplied by a permit exempt well constructed on or after January 19, 2018. Where this option is used:

a.    The annual average withdrawal is limited to nine hundred fifty (950) gallons per day per connection for domestic use, subject to a curtailment to no more than three hundred fifty (350) gallons per day per connection only for indoor use or to maintain a fire control buffer when a drought emergency order is issue under RCW 43.83B.405;

b.    An additional fee in accordance with the approved Community Development Fee Schedule is required with the application;

c.    A notice to title must be recorded setting forth the limitations in paragraph (a); and

d.    The applicant must manage stormwater runoff onsite to the extent practicable by maximum infiltration in accordance with Title 12.

5.    A site-specific analysis by a licensed hydrogeologist demonstrating that the proposed water supply is not hydraulically connected to closed or regulated surface waters, or that adequate mitigation is provided to offset the new impacts of the water supply on those surface waters.

B.    Evidence of an adequate sewage disposal system may be provided as follows.

1.    Where a parcel or parcels are to be served by an on-site sewage disposal system, an accepted building site application* or an accepted building clearance approved by the Kitsap Public Health District is required. This requirement may be waived where the permit application is for an alteration of an existing structure that does not result in a change of use, an expansion of floor area or occupant load, an increase in the number of sleeping rooms, an increase in the demand for sewage disposal, or an increase in sewage related health risk.

2.    Where a parcel or parcels are to be served by sewer, a sewer permit and an accepted building clearance approved by the Kitsap Public Health District are required.

*    A building permit application may be submitted with a preliminary building site application; however, no building permit may be issued without an “accepted” building site application.

(Ord. 551 (2018) § 1, 2018: Ord. 464 (2010) § 3, 2010: Ord. 323 (2004) § 26, 2004: Ord. 280 (2002) § 19, 2002: Ord. 224-C (2000), 2000: Ord. 224 (1998) § 4.7, 1998)

14.04.268 Permit expiration.

IBC Section 105.5 is amended as follows:

105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 365 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an approved inspection within 365 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration and shall demonstrate good cause.

(Ord. 596 (2021) § 2, 2021; Ord. 592 (2021) § 7, 2021; Ord. 323 (2004) § 27, 2004)

14.04.270 (Repealed)*

*    Editor’s Note: Former Section 14.04.270, “Basic plan system,” was repealed by § 5 of Ord. 391 (2007). Sections 18 of Ord. 280 (2002), § 4.5 of Ord. 224 (1998), and § 28 of Ord. 323 (2004) were formerly codified herein.

    For basic plan system regulations refer to Section 14.04.520.

14.04.272 Building permit fees established by resolution.

IBC Section 109.2 is amended as follows:

109.2 Schedule of permit fees. The fees for building permits shall be as set forth in the Permit Fee Schedule as established by resolution.

(Ord. 464 (2010) § 4, 2010: Ord. 440 (2009) § 13, 2009: Ord. 323 (2004) § 29, 2004)

14.04.277 Certificate of occupancy.

IBC Section 111 is amended by adding an additional subsection, 111.5 as follows:

111.5 Revised Certificate of Occupancy. If the information supplied as required by Section 111.2 changes, or there is a change of business ownership, a revised certificate of occupancy shall be requested and issued. It shall be the responsibility of the owner of the business to inform the Department of Community Development of the changes in order to maintain current and accurate information.

The fee for issuance of a revised certificate of occupancy shall be established by resolution.

(Ord. 464 (2010) § 5, 2010: Ord. 440 (2009) § 14, 2009: Ord. 323 (2004) § 30, 2004)

14.04.280 (Repealed)

*    Editor’s Note: Former Section 14.04.280, “Required inspection amendment,” was repealed by § 31 of Ord. 323 (2004). Section 4.6 of Ord. 224 (1998) was formerly codified herein.

14.04.285 Appeals.

IBC Section 113.1 is amended as follows:

113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the technical provisions of this code, there shall be a consolidated board of appeals in accordance with Article 15, Kitsap County Code Sections 14.04.950 through 14.04.990. Appeals of administrative provisions shall be in accordance with Kitsap County Code Chapter 21.04.

(Ord. 592 (2021) § 8, 2021; Ord. 464 (2010) § 6, 2010: Ord. 391 (2007) § 6, 2007: Ord. 323 (2004) § 32, 2004)

14.04.290 (Repealed)*

*    Editor’s Note: Former Section 14.04.290, “Complete application,” was repealed by § 2 of Ord. 551 (2018). Section 4.7 of Ord. 224 (1998), Ord. 224-C (2000), § 19 of Ord. 280 (2002) and § 7 of Ord. 464 (2010)were formerly codified herein.

14.04.291 Electric vehicle charging infrastructure.

IBC Section 429 is amended as follows:

429.1 General. The provisions of this section shall apply to the construction of new buildings and accessory structures, including parking lots and parking garages.

Electric vehicle supply equipment (EVSE) shall be installed in accordance with applicable requirements of chapter 19.28 RCW and the National Electrical Code, Article 625.

EXCEPTION: Electric vehicle charging infrastructure is not required if any of the following conditions are met:

1.    There is no public utility or commercial power supply.

2.    Dwelling units without garages or other on-site parking.

429.2 Electric vehicle (EV) charging infrastructure. Buildings and accessory structures shall be provided with EV charging stations, EV-Ready parking spaces, and EV-capable parking spaces in accordance with Table 429.2. Calculations shall be rounded up to the nearest whole number. Where a building contains more than one occupancy, the electric vehicle charging infrastructure percentages of Table 429.2 shall be applied to the number of spaces required for each occupancy.

Table 429.2

Electric Vehicle Charging Infrastructure

Occupancy

Number of EV Charging Stations

Number of EV-Ready Parking Spaces

Number of EV-Capable Parking Spaces

Group A, B, E, F, H, I, M, and S occupancies

10% of total parking spaces

10% of total parking spaces

10% of total parking spaces

Group R occupancies

Buildings that do not contain more than two dwelling units

Not required

One for each dwelling unit

Not required

Dwelling units with private garages

Not required

One for each dwelling unit

Not required

All other Group R occupancies

10% of total parking spaces

25% of total parking spaces

10% of total parking spaces

429.2.1 EV charging stations and EV-Ready parking spaces. A minimum of 40-ampere dedicated 208/240-volt branch circuit shall be installed for each EV Ready parking space and each EV Charging Station. The branch circuits shall terminate at a receptacle outlet or EV charger in close proximity to the proposed location of the EV Ready parking space or the EV Charging Station.

429.2.2 EV-Capable parking spaces. A listed raceway capable of accommodating a minimum of 40-ampere dedicated 208/240-volt branch circuit shall be installed for each EV-Capable parking space. The raceway shall terminate into a cabinet, box or other enclosure in close proximity to the proposed location of the EV-Capable parking space. Raceways and related components that are planned to be installed underground, and in enclosed, inaccessible or concealed areas and spaces, shall be installed at the time of original construction.

429.3 Electrical room(s) and equipment. Electrical room(s) and/or dedicated electrical equipment shall be sized to accommodate the requirements of Section 429.

The electrical service and the electrical system, including any on-site distribution transformer(s), shall have sufficient capacity to simultaneously charge all EVs at all required EV Charging Stations, EV Ready parking spaces, and EV-Capable parking spaces at a minimum of 40-amperes each.

EXCEPTION: Automatic Load Management System (ALMS) may be used to adjust the maximum electrical capacity required for the EV-Ready and EV-Capable parking spaces. The ALMS must be designed to allocate charging capacity among multiple future EV Charging Stations at a minimum of 16 amperes per EV charger.

429.4 Electric vehicle charging infrastructure for accessible parking spaces. Ten percent of the accessible parking spaces, rounded to the next whole number, shall be EV Charging Stations. Additional 10 percent of the accessible parking spaces, rounded to the next whole number, shall be EV Ready. Not fewer than one for each type of EV charging system shall be accessible.

The electric vehicle charging infrastructure may also serve adjacent parking spaces not designated as accessible parking. A maximum of 10 percent of the accessible parking spaces, rounded to the next whole number, are allowed to be included in the total number of electric vehicle parking spaces required under Section 429.2.

(Ord. 620 (2023) § 4, 2023)

14.04.295 Addressing.

IBC Section 502.1 is amended as follows:

502.1 Premises Identification. Approved numbers or addresses shall be provided for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Addresses shall be posted in accordance with Kitsap County Code Chapter 16.66.

(Ord. 592 (2021) § 9, 2021; Ord. 323 (2004) § 33, 2004)

14.04.300 (Repealed)

*    Editor’s Note: Former Section 14.04.300, “Certificate of concurrency,” was repealed by § 34 of Ord. 323 (2004). Section 4.8 of Ord. 224 (1998) was formerly codified herein.

    For application requirements refer to Section 14.04.265.

14.04.308 Central monitoring stations.

A.    IBC Section 901.6 is amended as follows:

901.6 Supervisory service. Where required, fire protection systems shall be monitored by an approved U.L.-listed central monitoring station in accordance with NFPA 72.

B.    IBC Section 901.6.1 is amended as follows:

901.6.1 Automatic sprinkler systems. Automatic sprinkler systems shall be monitored by an approved U.L.-listed central monitoring station.

Exceptions:

1.    A U.L.-listed central monitoring station is not required for automatic sprinkler systems protecting one- and two-family dwellings.

2.    Limited area systems in accordance with Section 903.3.8.

C.    IBC 901.6.4 is amended as follows:

901.6.4 Group H. Manual fire alarm, automatic fire-extinguishing and emergency alarm systems in Group H occupancies shall be monitored by an approved U.L.-listed central monitoring station.

Exception: When approved by the building official, and the fire marshal, on-site monitoring at a constantly attended location shall be permitted provided that notifications to the fire department will be equal to those provided by an approved U.L.-listed central monitoring station.

(Ord. 592 (2021) § 10, 2021; Ord. 323 (2004) § 35, 2004)

14.04.310 Installation requirements.

IBC Section 901.7 is amended as follows:

901.7 Fire Areas. Fire areas shall be defined as the total floor areas of all floor levels within the exterior walls, including mezzanines, as well as all areas under the horizontal projections of the roof of a building that are not enclosed by walls. For the purpose of this section, for determining fire extinguishing system requirements, fire walls shall not define separate buildings.

(Ord. 323 (2004) § 36, 2004: Ord. 224-A (1998) § 2, 1998: Ord. 224 (1998) § 4.8.1, 1998)

14.04.320 Fire extinguishing systems.

In order to provide clarity and to maintain consistency between the building code and the fire code, the modifications to the fire-sprinkler requirements of Sections 903.2 of the International Building Code, and 903.2 of the International Fire Code are located together in Article 7 below, in Section 14.04.780 of the Kitsap County Code.

(Ord. 323 (2004) § 37, 2004: Ord. 224-A (1998) §§ 1, 3, 1998: Ord. 224 (1998) § 4.8.2, 1998)

14.04.325 Fire alarm and detection systems.

In order to provide clarity and to maintain consistency between the building code and the fire code, the modifications to the fire alarm requirements of Sections 907 of the International Building Code, and 907 of the International Fire Code are located together in Section 14.04.750 of the Kitsap County Code.

(Ord. 464 (2010) § 8, 2010: Ord. 323 (2004) § 38, 2004)

14.04.330 (Repealed)

*    Editor’s Note: Former Section 14.04.330, “Damp-proofing foundations,” was repealed by § 39 of Ord. 323 (2004). Section 4.9 of Ord. 224 (1998) was formerly codified herein.

14.04.340 (Repealed)

*    Editor’s Note: Former Section 14.04.340, “Reroofing,” was repealed by § 40 of Ord. 323 (2004). Section 4.10 of Ord. 224 (1998) was formerly codified herein.

    For re-roofing provisions refer to Section 14.04.505, under “Work Exempt From Permit.”

14.04.405 (Repealed).

*    Editor’s Note: Former Section 14.04.405, “Under-floor ventilation,” was repealed by § 9 of Ord. 464 (2010). Section 41 of Ord. 323 (2004) was formerly codified herein.

14.04.415 Energy efficiency.

IBC Section 1301.1.1 is amended as follows:

1301.1.1 Criteria. Buildings shall be designed and constructed in accordance with the Washington State Energy Code.

(Ord. 323 (2004) § 42, 2004)

14.04.425 Flood hazard areas.

A.    IBC Section 1612.2 is amended by adding an additional subsection, 1612.2.1, as follows:

1612.2.1 Definition conflicts. In the case of conflict between the definitions in Section 1612.2 and the definitions established in Kitsap County Code Chapter 15.08, the definitions in Kitsap County Code Chapter 15.08 shall govern.

B.    IBC Section 1612.3 is amended as follows:

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing

body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for Kitsap County,” dated 1980, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The flood hazard maps and supporting data, adopted by Kitsap County Code Title 15, are declared to be a part of this section.

C.    IBC Appendix G, Section G101.3, is amended as follows:

G101.3 Scope. The provisions of this appendix shall apply to all proposed development in a flood hazard area established in Kitsap County Code Title 15, and Section 1612 of this code, provided that in the case of conflict, the provisions of Kitsap County Code Title 15 shall govern.

D.    IBC Appendix G, Section G105, is deleted and not adopted.

E.    IBC Appendix G, Section G501, is deleted and not adopted.

F.    IBC Appendix G, Section G601, is deleted and not adopted.

(Ord. 323 (2004) § 43, 2004)

14.04.435 International Existing Building Code amendments.

A.    IEBC Section 302.1 is amended as follows:

302.1 Applicability. The provisions of Section 302 apply to all alterations, repairs, additions, relocations of structures and changes of occupancy regardless of compliance method.

302.1.1 Structures Existing Prior to 1974. Structures existing prior to the implementation of building codes in Kitsap County (1974), in which there is work involving additions, alterations, repairs, relocations or changes of occupancy shall be made to conform to the requirements of this section or Chapter 4.

302.1.2 Relocated or Moved Buildings. The provisions in Sections 1401.2.1 through 1401.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in groups A, B, E, F, M, R, S, and U. These provisions shall not apply to buildings with occupancies in Group H or I.

B.    IEBC Section 302.3 is amended as follows:

302.3 Additional Codes. Alterations, repairs, additions, and changes of occupancy to existing structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy in the International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, the Uniform Plumbing Code, the Washington State Energy Code and the Electrical Code.

(Ord. 592 (2021) § 11, 2021; Ord. 552 (2018) § 3, 2018: Ord. 464 (2010) § 10, 2010: Ord. 323 (2004) § 44, 2004)

Article 5 – International Residential Code Amendments

14.04.501 IRC general.

A.    IRC Section R101.1 is amended as follows:

R101.1 Title. These provisions shall be known as the Kitsap County Residential Code for One- and Two- Family dwellings, and will be referred to herein as “this code.”

B.    IRC Section R102.4 is amended by adding an additional subsection, R102.4.3, as follows:

R102.4.3 Washington State Referenced Codes. Wherever this code states the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever this code states the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the

State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever this code states the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

(Ord. 552 (2018) § 4, 2018: Ord. 323 (2004) § 46, 2004)

14.04.505 Work exempt from permit.

IRC Section R105.2 is amended by adding a new line numbered 11 under “Building” as follows:

11.    Roof covering replacement (re-roofing) provided the roof area does not exceed 2100 square feet (21 squares) and further provided the existing sheathing remains in place and no structural work is performed.

(Ord. 464 (2010) § 11, 2010: Ord. 391 (2007) § 7, 2007: Ord. 323 (2004) § 47, 2004)

14.04.515 Application for permit.

IRC Section R105.3 is amended as follows:

R105.3 Application for Permit. To obtain a permit, the applicant shall first file an application therefore in writing on forms furnished by the Department of Community Development for such purposes. Such application shall:

1.    Identify and describe the work to be covered by the permit for which application is made.

2.    Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitively locate the proposed building or work, and shall include the property tax parcel number as assigned by the Kitsap County Tax Assessor.

3.    Indicate the use and occupancy for which the work is intended.

4.    Be accompanied by construction documents and other information as required by Section R106.1.

5.    State the valuation of the proposed work.

6.    Be signed by the applicant, or the applicant’s authorized agent.

7.    Give such other data and information as required by the building official.

8.    Be accompanied by a certificate of concurrency when required by this section and the provisions of the Kitsap County Transportation Facilities Concurrency Ordinance (Kitsap County Code Title 20), as now or hereafter amended. Unless specifically exempt from concurrency as specified in Kitsap County Code Title 20, a copy of the issued certificate of concurrency for the proposed development is required prior to the acceptance of all building permit applications.

9.    Be accompanied by evidence of an adequate water supply and sewage disposal system where plumbing fixtures are part of the proposed building permit application.

A.    Evidence of an adequate water supply may be provided by one of the following:

1.    A water right permit from the state department of ecology.

2.    A letter from an approved water purveyor stating the ability to provide water.

3.    An accepted building site application* approved by the Kitsap Public Health District where water is supplied by a permit-exempt well constructed prior to January 19, 2018.

4.    An accepted building site application* approved by the Kitsap Public Health District where water is supplied by a permit exempt well constructed on or after January 19, 2018. Where this option is used:

a.    The annual average withdrawal is limited to nine hundred fifty (950) gallons per day per connection for domestic use, subject to a curtailment to no more than three hundred fifty (350) gallons per day per connection only for indoor use or to maintain a fire control buffer when a drought emergency order is issue under RCW 43.83B.405;

b.    An additional fee in accordance with the approved Community Development Fee Schedule is required with the application;

c.    A notice to title must be recorded setting forth the limitations in paragraph (a); and

d.    The applicant must manage stormwater runoff onsite to the extent practicable by maximum infiltration in accordance with Title 12.

5.    A site-specific analysis by a licensed hydrogeologist demonstrating that the proposed water supply is not hydraulically connected to closed or regulated surface waters, or that adequate mitigation is provided to offset the new impacts of the water supply on those surface waters.

B.    Evidence of an adequate sewage disposal system may be provided as follows.

1.    Where a parcel or parcels are to be served by an on-site sewage disposal system, an accepted building site application* or an accepted building clearance approved by the Kitsap Public Health District is required. This requirement may be waived where the permit application is for an alteration of an existing structure that does not result in a change of use, an expansion of floor area or occupant load, an increase in the number of sleeping rooms, an increase in the demand for sewage disposal, or an increase in sewage related health risk.

2.    Where a parcel or parcels are to be served by sewer, a sewer permit and an accepted building clearance approved by the Kitsap Public Health District are required.

*    A building permit application may be submitted with a preliminary building site application; however, no building permit may be issued without an “accepted” building site application.

(Ord. 551 (2018) § 3, 2018: Ord. 391 (2007) § 8, 2007: Ord. 323 (2004) § 48, 2004)

14.04.518 Permit expiration.

IRC Section R105.5 is amended as follows:

R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 365 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection approval within 365 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration and shall demonstrate good cause.

(Ord. 596 (2021) § 3, 2021; Ord. 552 (2018) § 5, 2018: Ord. 323 (2004) § 49, 2004)

14.04.520 Basic plan system.

IRC Section 106 is amended by adding an additional subsection, R106.6, as follows:

R106.6 Basic Plan System. The Building Official may institute a program to facilitate the repeated use of construction plans.

The purpose of the Basic Plan system is to create a more efficient, cost saving procedure that will reduce redundant building plan reviews.

A person or company holding title to the plans may establish a Basic Plan through the application process and the payment of a one time setup fee. A Basic Plan may be used to obtain building permits for:

• Single-family dwellings with or without attached carports or garages.

• Residential carports or garages.

Plans submitted for approval under the Basic Plans System that are designed by a registered architect or professional engineer, or are otherwise protected by Federal Copyright laws shall be accompanied by a document signed by the holder of the copyright protection authorizing its copying and repeated use.

Building permits approved utilizing a Basic Plan that will be constructed on an individual lot shall be accompanied by a site specific letter from the designer and Engineer of Record (when applicable) that states the building design is appropriate for the lot. For buildings being constructed in a plat / subdivision, a blanket letter, that identifies all the lots, may be substituted for site specific letters. A copy of the plat map showing the lot locations shall be included in the blanket letter.

Once the Basic Plan is approved and established, it will be assigned a file number and be retained on record for the duration of the current state code adoption in order to be used for issuance of future building permits. Basic Plan approvals shall expire coinciding with the state’s adoption of new or updated building codes. Upon expiration previously approved Basic Plans must be reestablished by submitting the updated plan sets based on new code editions and requirements.

Building permit applications utilizing an approved Basic Plan shall be issued provided the required application has been received, assessed fees have been paid and other required documentation regarding the suitability of the lot or land on which the building is to be constructed is found to be in compliance with the Zoning Code, Critical Areas Ordinance, Shoreline Management Ordinance, the Kitsap County Building & Fire Code, and any other law enforced by Kitsap County regulating construction.

All proposed design options shall be included on the plan set submitted for review to establish the Basic Plan. At the time of permit application utilizing an approved Basic Plan, all design options to be constructed shall be clearly identified in the application materials. Revisions to approved Basic Plans other than identifying chosen design options are not permitted without establishing the revised plan as a new Basic Plan. Basic Plans submitted with revisions not previously approved as a design option will be reviewed as a non-basic application.

Allowable options for basic plans may include different attached garage sizes and configurations, elevations, energy code compliance methods, bay windows, skylights, reversals (mirror-image) or similar construction features that do not alter the size of the structure.

Fees for establishing and using basic plans shall be established by resolution.

(Ord. 552 (2018) § 6, 2018: Ord. 440 (2009) § 15, 2009: Ord. 391 (2007) § 9, 2007)

14.04.522 IRC permit fees established by resolution.

IRC Section R108.2 is amended as follows:

R108.2 Permit Fees. The fees for residential building permits shall be established by resolution.

(Ord. 440 (2009) § 16, 2009: Ord. 323 (2004) § 50, 2004)

14.04.525 IRC appeals.

A.    IRC Section R112.1 is amended as follows:

R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the technical provisions of this code, there shall be a consolidated board of appeals in accordance with Article 15, Kitsap County Code Sections 14.04.950 through 14.04.990. Appeals of administrative provisions shall be in accordance with Kitsap County Code Chapter 21.04.

B.    IRC Sections R112.2.1, R112.2.2 and R112.3 are deleted and not adopted.

(Ord. 391 (2007) § 10, 2007: Ord. 323 (2004) § 51, 2004)

14.04.528 Definitions.

Section R202 is amended by the amendment of the definition for “accessory structure” as follows:

ACCESSORY STRUCTURE. A structure not greater than 3,600 square feet (334 m2) in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling(s) and which is located on the same lot. Structures that would otherwise be considered accessory structures greater than 3,600 square feet (334 m2) shall be constructed in accordance with the requirements of the International Building Code and the International Fire Code.

(Ord. 552 (2018) § 7, 2018)

14.04.532 Corrections.

Typographical error corrections as identified in Errata published by the International Code Council shall become part of this code as if contained herein.

(Ord. 391 (2007) § 11, 2007: Ord. 323 (2004) § 52, 2004)

14.04.535 Design criteria.

IRC Table R301.2(1) is amended by filling in the blanks of the table to reflect specific Kitsap County criteria as follows:

Ground Snow Load = 25a.

Wind Speed = Ultimate. 110

Wind Debris = No

Special Wind Region = No

Seismic Design Category = D2

Weathering = Moderate

Frost Line Depth = 12"

Termite = Slight to Moderate

Decay = Moderate to Severe

Winter Design Temp = 26

Ice Barrier Underlayment Required = No

Flood Hazards = (a) 1980, (b) 1980

Air Freezing Index = 148

Mean Annual Temp = 51.4

Topographic Effects = Yes

Outdoor design conditions:

    Elevation Feet = 447

    Latitude Degrees North = 47

    Heating 99% Outdoor Dry Bulb = 27

    HDD/CDD Ratio = 3.43

Cooling

    Outdoor Air

        1% Dry Bulb = 82

        Coincident Wet Bulb = 64

    Design Grains

        55% RH Indoors = -12

        50% RH Indoors = -5

        45% RH Indoors = 1

    Daily Range (DR) = M

a.    Roof live load may not be reduced to less than 25#psf.

(Ord. 592 (2021) § 12, 2021; Ord. 552 (2018) § 8, 2018: Ord. 464 (2010) § 12, 2010: Ord. 391 (2007) § 12, 2007: Ord. 323 (2004) § 53, 2004)

14.04.545 Special flood hazard areas.

A.    IRC Section R104.10.1 is amended as follows:

R104.10.1 Areas Prone to Flooding. The building official shall not grant modifications to any provision related to areas prone to flooding as established by Table R301.2(1) and Kitsap County Code Title 15 without the granting of a variance in accordance with Kitsap County Code Title 15, Sections 15.20.010 through 15.20.030.

B.    IRC Section R106.1.4, line number 4 is amended as follows:

4.    If base flood elevations are not included on the community’s Flood Insurance Rate Map (FIRM), the applicant shall obtain and reasonably utilize, subject to approval by the building official, any design flood elevation and floodway data available from other sources in accordance with Kitsap County Code Title 15.

C.    IRC Section R105.3.1.1 is amended as follows:

Section R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in areas prone to flooding. For applications for reconstruction, rehabilitation, addition, repair or other improvement to existing buildings or structures located in a special flood hazard area as established by Table R301.2(1) and Kitsap County Code Title 15, the building official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamage condition. If the building official finds that the value of the proposed work equals or exceeds 50 percent of the pre-incident assessed value of the building or structure before the damage has occurred or the improvement is started, the project is a substantial improvement and shall meet the requirements of IRC Section R322 and the requirements of Kitsap County Code Title 15.

D.    IRC Section R301.2.4 is amended as follows:

R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in special flood hazard areas (including A or V zones) as established in Table R301.2(1) and Kitsap County Code Title 15, shall be designed and constructed in accordance with Section R322.

Exception: Residential buildings and structures in identified floodways as established in Table R301.2(1) and Kitsap County Code Title 15, are prohibited.

E.    IRC Section R309.3 is amended as follows:

R309.3 Special Flood Hazard Areas. For buildings located in special flood hazard areas as established by Table R301.2(1) and Kitsap County Code Title 15, garage floors shall be:

1.    Elevated to 1 foot or more above the base flood elevation as determined in Section R322; or

2.    If the garage floor level is lower than 1 foot above the base flood elevation, the garage shall be used solely for parking, building access or storage, and the floor shall be at or above grade on all sides. All portions of the structure located lower than 1 foot above base flood elevation shall also meet the requirements of Section R322, including R322.1.8 and R322.2.2, as well as the other requirements of this code.

F.    IRC Section R322.1 is amended as follows:

R322.1 General. Buildings or structures constructed in special flood hazard areas (including A or V zones and Coastal A Zones) as established in Table R301.2(1) and Kitsap County Code Title 15, and substantial improvement and restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the provisions contained in this section. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways as established in Table R301.2(1) and Kitsap County Code Title 15, are prohibited.

G.    IRC Section R322.1.7 is amended as follows:

R322.1.7 Protection of water supply and sanitary sewage systems. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system in accordance with the plumbing provisions of this code and Kitsap County Code Section 15.12.050. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters in accordance with the plumbing provisions of this code and Kitsap County Code Section 15.12.050.

H.    IRC Section R322.1.9 is amended as follows:

R322.1.9 Manufactured Housing. New or replacement manufactured housing shall be elevated in accordance with Section R322.2 or R322.3. In addition, the manufactured housing shall be anchored and tied down in accordance with Sections AE604 and AE605 of Appendix E, or in accordance with a design prepared by a Washington State registered design professional in accordance with Kitsap County Code Section 15.12.030.

I.    IRC Section R322.1.10 is amended as follows:

R322.1.10 As-built elevation documentation. A registered land surveyor shall prepare and seal documentation of the elevations specified in Section R322.2 or R322.3. The completed elevation certificate shall be provided to the Department of Community Development prior to issuance of a certificate of occupancy.

J.    IRC Section R322.2 is amended as follows:

R322.2 Flood hazard areas (including A zones). All areas that have been determined to be prone to flooding but not subject to high velocity wave action shall be designated as flood hazard areas. Flood hazard areas that have been delineated as subject to wave heights between 1 and one-half feet (457 mm) and 3 feet (914 mm) or otherwise designated by Kitsap County shall be designated as Coastal A Zones and are subject to the requirements of Section R322.2 All buildings and structures erected in special flood hazard areas shall be designed and constructed in accordance with Sections R322.2.1, through R322.3 and Kitsap County Code Title 15 - Flood Hazard Areas.

K.    IRC Section R322.2.1 is amended as follows:

R322.2.1 Elevation Requirements.

1.    Buildings and structures shall have the lowest floors elevated to at least 1 foot above the base flood elevation.

2.    In areas of shallow flooding (AO zones), buildings and structures shall have the lowest floor (including basement) elevated at least 1 foot or more above the highest adjacent grade plus the depth number specified in feet on the Flood Insurance Rate Map (FIRM), or at least 2 feet if a depth number is not specified.

3.    Basements and crawlspace floors that are below grade on all sides are prohibited.

Exception: Enclosed areas below the base flood elevation, including basements and crawl spaces whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.

L.    IRC Section R322.2.2 is amended by the addition of a new line 2.3 to line 2 as follows:

2.3.    Any louvers, screens or other opening covers shall allow the automatic flow of floodwaters into and out of the enclosed area.

M.    IRC Section R322.3.2 is amended by the addition of a new line 6 as follows:

6.    The placement of fill beneath buildings and structures is prohibited.

(Ord. 552 (2018) § 9, 2018: Ord. 464 (2010) § 13, 2010: Ord. 391 (2007) § 13, 2007: Ord. 323 (2004) § 54, 2004)

14.04.548 Egress doors.

IRC Section R311.2 is amended as follows:

R311.2 Egress door required. Not less than one egress door conforming to this section shall be provided for each dwelling unit and each accessory structure. The egress door shall be side hinged, and shall provide a clear width of not less than 32 inches (813 mm) where measured between the face of the door and the stop, with the door open 90 degrees (1.57 rad). The clear height of the door opening shall be not less than 78 inches (1981 mm) in height measured from the top of the threshold to the bottom of the stop. Other door shall not be required to comply with these minimum dimensions. Egress doors shall be readily openable from inside the dwelling without the use of a key or special knowledge or effort. Access to habitable levels not having an exit at grade in accordance with this section shall be in accordance with Section R311.4.

(Ord. 552 (2018) § 10, 2018: Ord. 464 (2010) § 14, 2010: Ord. 323 (2004) § 55, 2004)

14.04.552 Sleeping rooms.

IRC Section R202 is amended by adding an additional definition as follows:

Sleeping Room. A bedroom, bonus room, or other habitable room that contains an intervening door that can be closed to separate the room from areas otherwise provided with smoke alarms. Exception: Habitable rooms such as dens, libraries and offices that are provided with built in features that establish the specific use of the room as something other than for sleeping, and do not contain clothes closets, need not be considered a sleeping room.

(Ord. 391 (2007) § 14, 2007: Ord. 323 (2004) § 56, 2004)

14.04.555 Protection against decay.

IRC Section R317.1, line number 2 is amended as follows:

2.    All wood framing members that rest directly on concrete or masonry exterior foundation walls.

(Ord. 552 (2018) § 11, 2018: Ord. 323 (2004) § 57, 2004)

14.04.558 Prescriptive foundations.

A.    IRC Section R403.1.3.1 is amended as follows:

R403.1.3.1 Concrete stem walls with concrete footings. In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a concrete stem wall, a minimum of one No. 4 vertical bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall have a standard hook and extend to 3 inches (76 mm) clear of the bottom of the footing and shall have support and cover as specified in Section R403.1.3.5.3 and extend a minimum of 14 inches (357 mm) into the stem wall. Standard hooks shall comply with Section R608.5.4.5. A minimum of one No. 4 horizontal bar shall be installed within 12 inches (305 mm) of the top of the stem wall and one No. 4 horizontal bar shall be located 3 to 4 inches (76 to 102 mm) from the bottom of the footing.

Where a grouted masonry stem wall is supported on a concrete footing, minimum vertical reinforcement of one No. 4 bar shall be provided at not more than 4 feet on center. The bars shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook, and extend into the stem wall to 2 inches clear of the top of the wall.

Masonry stem walls without solid grout and vertical reinforcing shall not be permitted.

Exception: Interior isolated footings supporting interior posts, columns or pedestals may be plain concrete provided the depth of the footing is equal to or exceeds one half the width of the isolated footing.

B.    IRC Section R403.1.3.2 is amended as follows:

R403.1.3.2 Masonry stem walls with concrete footings. In Seismic Design Categories D0, D1 and D2 where a masonry stem wall is supported on a concrete footing, a minimum of one No. 4 vertical bar shall be installed not more than 4 feet (1219 mm) on center. The vertical bar shall have a standard hook and extend to 3 inches (76 mm) from the bottom of the footing and have support and cover as specified in Section R403.1.3.5.3 and extend a minimum of 14 inches (357 mm) into the stem wall. Standard hooks shall comply with section R608.5.4.5. A minimum of one No. 4 horizontal bar shall be installed within 12 inches (305 mm) of the top of the wall and one No. 4 horizontal bars shall be located 3 to 4 inches (76 to 102 mm) from the bottom of the footing.

C.    IRC Section R403.1.3.3 is amended as follows:

R403.1.3.3 Slabs-on-ground with turned down footings. In Seismic Design Categories D0, D1 and D2, slabs-on-ground cast monolithically with turned down footings shall have a minimum of one No. 4 bar at the top and one No. 4 bars located 3 (72 mm) inches above the bottom of footing.

Where the slab is not cast monolithically with the footing, No. 3 or larger dowels with standard hooks on each end shall be installed at not more than 4 feet (1219 mm) on center in accordance with Figure R403.1.3, Detail 2. Standard hooks shall comply with Section R608.5.4.5.

D.    IRC Section R404.1 is amended as follows:

R404.1 Concrete and masonry foundation walls. Concrete foundation walls shall be selected and constructed in accordance with the provisions of Section R404.1.3. Masonry foundation walls shall be selected and constructed in accordance with the provisions of 404.1.2. When ACI 318, ACI 332, NCMA TR68-A or ACI 530/ASCE 5/TMS 402 or other structural standards are used to design concrete or masonry foundation walls, project drawings, typical details and specifications are required to bear the seal of the architect or engineer responsible for the design.

E.    IRC Table R404.1.1(1) is amended by the addition of an additional footnote g. as follows:

g.    Group IV soils require a design prepared by a registered design professional.

(Ord. 592 (2021) § 13, 2021; Ord. 552 (2018) § 12, 2018: Ord. 464 (2010) § 15, 2010: Ord. 391 (2007) § 15, 2007: Ord. 323 (2004) § 58, 2004)

14.04.565 (Repealed)

*    Editor’s Note: Former Section 14.04.565, “Under-floor ventilation,” was repealed by § 16 of Ord. 464 (2010). Section 16 of Ord. 391 (2007) and Section 59 of Ord. 323 (2004) were formerly codified herein.

14.04.572 Roof drainage.

IRC Section R801.3 is amended as follows:

R801.3 Roof drainage. All dwellings and their accessory buildings shall have a controlled method of water disposal from roofs that will collect and discharge all roof drainage to an approved drainage system, in accordance with Kitsap County Code Chapters 12.04 through 12.32 (The Kitsap County Stormwater Management Ordinance), or to the ground surface at splash blocks where a drainage system is not required. Ground surfaces shall slope away from the foundation in accordance with IRC Section R401.3.

(Ord. 323 (2004) § 60, 2004)

14.04.575 Electrical Code references.

A.    IRC Section M1305.1.2.1 is amended as follows:

M1305.1.2.1 Electrical Requirements. A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the appliance location in accordance with the electrical code. Exposed lamps shall be protected by location or lamp guards.

B.    IRC Section M1305.1.3.3 is amended as follows:

M1305.1.3.3 Electrical Requirements. A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the appliance location in accordance with the electrical code. Exposed lamps shall be protected by location or lamp guards.

C.    IRC Section M1307.5 is amended as follows:

M1307.5 Electrical appliances. Electrical appliances shall be installed in accordance with Chapters 14, 15, 19, 20 and the electrical code.

D.    IRC Section M1406.1 is amended as follows:

M1406.1 General. Electric radiant heating systems shall be installed in accordance with the manufacturer’s installation instructions and the electrical code.

E.    IRC Section M1406.2 is amended as follows:

M1406.2 Clearances. Clearances for radiant heating panels or elements to any wiring, outlet boxes and junction boxes used for installing electrical devices or mounting lighting fixtures shall comply with the electrical code.

F.    IRC Section G2410.2 is amended as follows:

G2410.2 (309.2) Connections. Electrical connections between gas utilization equipment and the building wiring, including the grounding of the equipment, shall conform to the electrical code.

(Ord. 592 (2021) § 14, 2021; Ord. 464 (2010) § 17, 2010: Ord. 323 (2004) § 61, 2004)

14.04.582 (Repealed)

*    Editor’s Note: Former Section 14.04.582, “Combustion air,” was repealed by § 18 of Ord. 464 (2010). Section 62 of Ord. 323 (2004) was formerly codified herein.

14.04.585 Plumbing Code references.

A.    IRC Section M2004.1 is amended as follows:

M2004.1 General. Water heaters utilized both to supply potable hot water and to provide hot water for space heating shall be installed in accordance with this chapter, Chapter 24, the plumbing code and the manufacturer’s installation instructions.

B.    IRC Section M2005.3 is amended as follows:

M2005.3 Electric water heaters. Electric water heaters shall also be installed in accordance with the applicable provisions of the plumbing and electrical code.

C.    IRC Section M2101.2 is amended as follows:

M2101.2 System drain down. Hydronic piping systems shall be installed to permit the system to be drained. When the system drains to the plumbing drainage system, the installation shall conform to the requirements of the plumbing code.

Exception: The buried portions of systems embedded underground or under floors.

D.    IRC Section M2101.3 is amended as follows:

M2101.3 Protection of potable water. The potable water system shall be protected from backflow in accordance with the provisions listed in the plumbing code.

E.    IRC Section M2301.5 is amended as follows:

M2301.5 Backflow protection. All connections from the potable water supply to solar systems shall comply with the plumbing code.

F.    IRC Section G2448.1.1 is amended as follows:

G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to sizing, relief valves, drain pans and scald protection shall be in accordance with the plumbing code.

(Ord. 592 (2021) § 15, 2021; Ord. 323 (2004) § 63, 2004)

14.04.588 (Repealed)*

*    Editor’s Note: Former Section 14.04.588, “Water heater locations,” was repealed by § 17 of Ord. 391 (2007). Section 64 of Ord. 323 (2004) was formerly codified herein.

14.04.590 Prohibited equipment and appliance location.

A new Section 304.4.1 is added to the IMC as follows:

304.4.1 Liquified Petroleum Gas (LPG) burning appliances in basements and similar spaces. LPG burning appliances are prohibited in basements, daylight basements and similar spaces unless such space is provided with an LPG gas detection and alarm device interconnected to a fuel shutoff valve such that an audible alarm sounds and the fuel supply to the fuel burning equipment is shut off if the LPG concentration reaches 50% of the LEL. The audible alarm must continue to sound and the fuel supply must remain shut off until the space is ventilated and the atmosphere returns to less than 50% LEL.

(Ord. 552 (2018) § 13, 2018)

14.04.592 Manufactured homes.

Manufactured homes shall be installed in accordance with Section 14.04.900 and IRC Appendix E, as amended in Kitsap County Code Section 14.04.910.

(Ord. 323 (2004) § 65, 2004)

14.04.595 Existing buildings.

A.    IRC Appendix J Section AJ501.5.1 is amended as follows:

AJ501.5.1 Materials and methods. All newly installed electrical equipment and wiring related to work done in any work area shall comply with the materials and methods requirements of the electrical code.

B.    IRC Appendix J Section AJ501.5.2 is deleted and not adopted.

C.    IRC Appendix J Section AJ501.5.3 is deleted and not adopted.

(Ord. 552 (2018) § 14, 2018: Ord. 391 (2007) § 18, 2007: Ord. 323 (2004) § 66, 2004)

Article 6 – Mechanical Code Amendments

14.04.601 IMC general.

A.    IMC Section 101.1 is amended as follows:

101.1 Title. These regulations shall be known as the Kitsap County Mechanical Code, hereinafter referred to as “this code.”

B.    IMC Section 102.8 is amended by adding an additional subsection, 102.8.1 as follows:

102.8.1 Referenced Codes. Wherever this code states the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever this code states the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever this code states the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

C.    IMC Section 106.4.3 is amended as follows:

106.4.3 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection within 180 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration, and shall demonstrate good cause.

D.    IMC Section 106.4.4 is deleted.

E.    IMC Section 106.5.2 is amended as follows:

106.5.2 Fees. The fees for mechanical permits shall be established by resolution.

F.    IMC Section 106.5.3 is amended as follows:

106.5.2 Fee Refunds. The code official shall authorize fee refunds as established by resolution.

(Ord. 440 (2009) § 17, 2009: Ord. 391 (2007) § 19, 2007: Ord. 323 (2004) § 68, 2004: Ord. 224 (1998) § 5.1, 1998)

14.04.605 IMC corrections.

Typographical error corrections as identified in Errata published by the International Code Council shall become part of this code as if contained herein.

(Ord. 391 (2007) § 20, 2007: Ord. 323 (2004) § 69, 2004)

14.04.615 IMC violations and appeals.

A.    IMC Section 108.4 is amended as follows:

108.4 Violation penalties. Failure to comply with any provision or requirement of this code, failure to comply with a directive of the code official made pursuant to the code official’s authority under this code, or failure to comply with permit conditions or certificates issued pursuant to this code are considered violations of this code. Violations will be enforced in accordance with Section 14.04.065 Kitsap County Code.

B.    IMC Section 108.5 is amended as follows:

108.5 Stop Work Orders. Upon notice from the code official that mechanical work is being performed contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system 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, is in violation of this code and subject to enforcement in accordance with Section 14.04.065 Kitsap County Code.

C.    IMC Section 109.1 is amended as follows:

109.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the technical provisions of this code, there shall be a consolidated board of appeals in accordance with Article 15, Kitsap County Code Sections 14.04.950 through 14.04.990. Appeals of administrative provisions shall be in accordance with Kitsap County Code Chapter 21.04.

D.    IMC Sections 109.2 through 109.7 are deleted and not adopted.

(Ord. 592 (2021) § 16, 2021; Ord. 391 (2007) § 21, 2007: Ord. 323 (2004) § 71, 2004)

14.04.625 Flood hazard areas.

IMC Section 301.16 is amended as follows:

301.16 Flood Hazard. For structures located in flood hazard areas, mechanical systems, equipment and appliances shall be located at least one foot or more above the design flood elevation.

Exception: Mechanical systems, equipment and appliances are permitted to be located below the design flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the design flood elevation in compliance with the flood-resistant construction requirements of the International Building Code as adopted.

(Ord. 552 (2018) § 15, 2018: Ord. 323 (2004) § 72, 2004)

14.04.635 Ventilation.

IMC Section 501.3.1, paragraph 3, is amended as follows:

3.    For all environmental air exhaust including environmental air regulated by Sections 504 and 505: 3 feet (914 mm) from the property lines; 3 feet (914 mm) from operable openings into buildings for all openings other than Group U, and 10 feet (3048 mm) from mechanical air intakes. Such exhaust shall not be considered hazardous or noxious.

Exceptions:

1.    Enclosed parking garage exhaust outlets regulated by Section 404.

2.    The separation between an air intake and exhaust outlet on a single listed package (HVAC) unit.

3.    Exhaust from environmental air systems other than garages may be discharged into an open parking garage.

4.    In occupancies other than Group I occupancies, where ventilation system design circumstances require building HVAC air to be relieved, such as during economizer operation, such air may be relieved into an open or enclosed parking garage within the same building.

(Ord. 552 (2018) § 16, 2018: Ord. 464 (2010) § 19, 2010: Ord. 391 (2007) § 22, 2007: Ord. 323 (2004) § 73, 2004)

14.04.645 International Fuel Gas Code (IFGC).

A.    IFGC Section 101.1 is amended as follows:

101.1 Title. These regulations shall be known as the Kitsap County Fuel Gas Code, hereinafter referred to as “this code.”

B.    IFGC Section 102.8 is amended by adding an additional subsection 102.8.3 as follows:

102.8.3 Washington State Referenced Codes. Wherever the adopted codes state the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever the adopted codes state the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever the adopted codes state the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

C.    IFGC Section 106.5.3 is amended as follows:

106.5.3 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection within 180 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration, and shall demonstrate good cause.

D.    IFGC Section 106.5.4 is deleted and not adopted.

E.    IFGC Section 106.6.2 is amended as follows:

106.6.2 Fees. The fees for fuel-gas installation permits shall be established by resolution.

F.    IFGC Section 106.6.3 is amended as follows:

106.6.3 Fee refunds. The code official shall authorize fee refunds as established by resolution.

G.    IFGC Section 301.11 is amended as follows:

301.11 Flood Hazard. For structures located in flood hazard areas, the appliance, equipment and system installations regulated by this code shall be located at least 1 foot above the design flood elevation and shall comply with the flood-resistant construction requirements of the International Building Code.

Exception:

The appliance, equipment and system installations regulated by this code are permitted to be located below the design flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the design flood elevation and shall comply with the flood-resistant requirements of the International Building Code.

(Ord. 592 (2021) § 17, 2021; Ord. 464 (2010) § 20, 2010: Ord. 440 (2009) § 18, 2009: Ord. 391 (2007) § 23, 2007: Ord. 323 (2004) § 74, 2004)

14.04.655 IFGC violations and appeals.

A.    IFGC Section 108.4 is amended as follows:

108.4 Violation penalties. Failure to comply with any provision or requirement of this code, failure to comply with a directive of the code official made pursuant to the code official’s authority under this code, or failure to comply with permit conditions or certificates issued pursuant to this code are considered violations of this code. Violations will be enforced in accordance with Section 14.04.065 Kitsap County Code.

B.    IFGC Section 108.5 is amended as follows:

108.5 Stop Work Orders. Upon notice from the code official that work is being performed contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system 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, is in violation of this code and subject to enforcement in accordance with Section 14.04.065 Kitsap County Code.

C.    IFGC Section 109.1 is amended as follows:

109.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the technical provisions of this code, there shall be a consolidated board of appeals in accordance with Article 15, Kitsap County Code Sections 14.04.950 through 14.04.990. Appeals of administrative provisions shall be in accordance with Kitsap County Code Chapter 21.04.

D.    IFGC Sections 109.2 through 109.7 are deleted and not adopted.

(Ord. 592 (2021) § 18, 2021; Ord. 391 (2007) § 24, 2007: Ord. 323 (2004) § 75, 2004)

Article 7 – International Fire Code Amendments

14.04.700 IFC general.

A.    IFC Section 101.1 is amended as follows:

101.1 Title. These regulations shall be known as the Kitsap County Fire Code hereinafter referred to as “this code.”

B.    IFC Section 102.3 is amended as follows:

102.3 Changes of use or occupancy. A change of use or occupancy within an existing building, structure or premises shall comply with the provisions of this code, Kitsap County Code Sections 14.04.230(B) and 14.04.250. A change of use or occupancy shall only be made when an existing building satisfies the provisions of the Kitsap County Building and Fire Code, and codes as adopted in Kitsap County Code Section 14.04.040, for the new use of occupancy classification.

C.    IFC Section 102.4 is amended as follows:

102.4 Application of Building Code. The design and construction of new structures and premises, as well as the repairs, alterations, or additions to existing structures shall comply with the Codes as adopted by Kitsap County Code Section 14.04.040.

D.    IFC Section 102.7 is amended by adding an additional subsection 102.7.3 as follows:

102.7.3 Washington State Referenced Codes. Wherever the adopted codes state the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever the adopted codes state the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B.

E.    Corrections. Publishing and typographical error corrections as identified in Errata published by the International Code Council shall become part of this code as if contained herein.

F.    Definitions. Section 202 of the IFC is amended by the addition of the following definitions:

FESTIVAL. An outdoor assemblage of persons gathered primarily for entertainment or celebration including those that occur wholly or in part on waterways where the predicted attendance is 500 or more and where the duration of the event is five hours or longer.

Puzzle Room. A puzzle room is a type of special amusement building/area in which occupants are encouraged to solve a challenge or series of challenges to escape from a room or series of rooms.

(Ord. 592 § 19, 2021; Ord. 552 (2018) § 17, 2018: Ord. 464 (2010) § 21, 2010: Ord. 323 (2004) § 77, 2004: Ord. 224 (1998) § 6.1, 1998)

14.04.705 Appeals and violations.

A.    IFC Section 109.1 is amended as follows:

109.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of the technical provisions of this code, there shall be a consolidated board of appeals in accordance with Article 15, Kitsap County Code Sections 14.04.950 through 14.04.990. Appeals of administrative provisions shall be in accordance with Kitsap County Code Chapter 21.04.

B.    IFC Section 109.3 is deleted and not adopted.

C.    IFC Section 112.4 is amended as follows:

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, is in violation of this code and subject to enforcement in accordance with Section 14.04.065 Kitsap County Code. The work done may also be subject to the provisions of Kitsap County Code Article 9, the Abatement of Dangerous Buildings Code.

(Ord. 592 (2021) § 20, 2021; Ord. 391 (2007) § 25, 2007: Ord. 323 (2004) § 78, 2004: Ord. 224 (1998) § 6.2, 1998)

14.04.710 Operational permits.

A.    IFC Section 105.6.15 is deleted and not adopted.

B.    IFC Section 105.6 is amended by adding an additional subsection, 105.6.51, as follows:

105.6.51 Bed & Breakfast/Boarding House. An operational permit is required to operate a residential building, or portion thereof, where the occupants are primarily transient in nature, as a Bed and Breakfast House, Bed and Breakfast Boarding house, or a Boarding House as defined in Kitsap County Code 14.04.100.

C.    IFC Section 105.6.4 is amended as follows:

105.6.4 Carnivals, fairs and festivals. An operational permit is required to conduct a carnival, fair or festival.

Exception: Outdoor music entertainment regulated by Kitsap County Code Chapter 6.20.

Upon receipt of an application for a fair or festival the fire marshal is authorized to:

1.    Notify other county departments of the application.

2.    Require that event promoters notify affected and surrounding property owners.

3.    Require that event promoters hold or attend public outreach or application review meetings.

(Ord. 592 (2021) § 21, 2021; Ord. 552 (2018) § 18, 2018: Ord. 464 (2010) § 22, 2010: Ord. 391 (2007) § 26, 2007: Ord. 323 (2004) § 81, 2004: Ord. 224 (1998) § 6.5, 1998)

14.04.720 Construction permits (Reserved).

(See IFC Section 105.7 for required construction permits.)

(Ord. 323 (2004) § 82, 2004)

14.04.725 Sky lanterns – Sale and use prohibited.

IFC Section 308.1.6.3 is amended as follows:

308.1.6.3 Sky Lanterns. Sky Lanterns are any unmanned device with a fuel source that incorporates an open flame in order to make the device airborne. The sale, use or distribution of Sky Lanterns is prohibited.

(Ord. 552 (2018) § 19, 2018: Ord. 523 (2015) § 2, 2015)

14.04.730 Fire department access.

IFC Section 503, including those provisions that are not adopted by the Washington State Building Code in WAC 51-54A-0503, is hereby adopted in its entirety by Kitsap County as IFC Section 503 as set forth in the 2018 International Fire Code and as amended in subsections (A) through (E) of this section.

A.    IFC Section 503.1.1 is amended by the addition of an additional exception 1.4, as follows:

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every building, facility or portion of building or facility hereafter constructed or moved into or within the jurisdiction. The fire apparatus access shall comply with the requirements of this section and shall extend to within 150 (45720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building or facility.

Exceptions:

1.    The fire code official is authorized to increase the dimension of 150 feet (45720 mm) where:

1.1 The building or facility is equipped with an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

1.2 Fire apparatus access roads cannot be installed in conformance with these Standards due to topography, waterways, non-negotiable grades, critical areas or other similar conditions, and an approved alternative means of fire protection is provided.

1.3 There are not more than two (2) Group R-3 (single-family dwellings) occupancies.

1.4 Where the fire apparatus access road serves only residential accessory building/occupancies (private garages, carports, sheds, agricultural buildings), as defined by the International Building Code.

B.    IFC Section 503.2.4 is amended as follows:

503.2.4 Turning radius. Fire apparatus access roads serving single-family residential buildings shall have a minimum 25 feet inside radius. Access roads serving commercial buildings and facilities shall have a minimum 35 feet inside radius. All turning radius dimensions shall be made to the edge of the roadway surface.

C.    IFC Section 503.2.6 is amended as follows:

503.2.6 Bridges and elevated surfaces. Bridges or elevated surfaces constructed as part of a private fire apparatus access road shall be constructed to support the live loads imposed by fire apparatus access. Vehicle load limits shall be posted at both entrances to such bridges and surfaces as required by the fire marshal. Where elevated surfaces serving as fire apparatus access are adjacent to other elevated surfaces not intended for such use, barricades and or signs shall be provided as required by the fire marshal.

D.    IFC Section 503.2.7 is amended as follows:

503.2.7 Grade. The grade (slope) of fire apparatus access roads shall not exceed 12%.

Exception: The grade of the fire apparatus access road may be increased if buildings or facilities are equipped with an approved automatic fire sprinkler system when approved by the fire district chief and Fire Code Official.

E.    IFC Section 503.4 is amended as follows:

503.4 Obstructions. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. The fire code official is authorized to remove or cause the removal of any obstruction or vehicle parked in areas marked in accordance with section 503.3. Vehicles parked or otherwise obstructing fire apparatus access roads shall be in violation of this code. Owners and operators of such vehicles are subject to enforcement pursuant to section 14.04.065. The Kitsap County Sheriff’s Office is authorized to assist the Fire Code Official with enforcement of this section.

(Ord. 592 (2021) § 22, 2021; Ord. 552 (2018) § 20, 2018: Ord. 464 (2010) § 23, 2010: Ord. 323(A) (2005) (part), 2005: Ord. 323 (2004) § 84, 2004: Ord. 224 (1998) § 6.7, 1998)

14.04.735 (Repealed)

*    Editor’s Note: Former Section 14.04.735, “Fire protection water supplies,” was repealed by § 25 of Ord. 464 (2010). Ord. 323(A) (2005) was formerly codified herein.

14.04.740 Fire hydrant requirements.

A.    IFC Section 507.5 is amended as follows:

507.5 Fire hydrant systems. Fire hydrant systems shall comply with Section 507.5.1 through 507.5.13.

B.    IFC Section 507.5.1 is amended as follows:

507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site hydrants and mains shall be provided where required by the Fire code official.

Exceptions:

1.    For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet.

2.    For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet.

3.    Where geographically or otherwise physically possible, the spacing intervals for hydrants shall commence at street intersections.

4.    Where hydrants supply commercial or multi-family fire flows, a hydrant shall be placed not more than one hundred fifty feet (150’) nor less than fifty feet (50’) from the protected building and fire department connection.

C.    IFC Section 507.5 is further amended by adding additional Sections 507.5.7 through 507.13, as follows:

507.5.7 Outlets. Fire hydrants shall have a minimum five inch (5”) main valve opening, two (2) two and one half-inch (2 1/2”) outlets and a four and one-half inch (4 1/2”) steamer/pumper port with a five inch (5”), one-quarter turn quick connect Storz adapter; such outlets and port shall have National Standard Threads or other connection devices consistent with local fire protection authority requirements.

507.5.8 Installation. Fire hydrants shall stand plumb and be set to finished grade; the center of the lowest outlet shall be no less than eighteen inches (18”) nor more than twenty-eight (28”) above grade; there shall not be less than thirty-six inches (36”) radius of clear area surrounding the outlets and control valve to permit the operation of a hydrant wrench; the steamer/pumper port shall face the street or, if there is no street, the most likely route of emergency approach.

507.5.9 Hydrant painting. Fire hydrants shall be painted as follows:

A.    Barrel: Any bright, highly visible color.

B.    Tops: The required color for the tops of hydrants are as follows:

Top of Hydrant Color

Gallons per minute of flow (gpm)

Color of top

1,500 or more gpm

Blue

1000 – 1499 gpm

Green

500 – 999 gpm

Orange

499 or less gpm

Red

507.5.10 Type. Flush-type hydrants are not allowed except under unusual circumstances and then only with the specific approval of the Fire Code Official.

507.5.11 Roadway markers. Reflectorized standard blue hydrant identification markers shall be placed on the access roadway to identify each hydrant. Markers shall be placed on the side nearest the hydrant six inches (6”) from the center line of the access roadway.

507.5.12 Parking. No person shall park any vehicle within fifteen feet (15’) of a fire hydrant.

507.5.13 Water mains. New or replacement water mains which do or are intended to serve fire hydrants shall be not less than six inches (6”) nominal diameter; except, dead-end water mains over fifty feet (50’) in length shall be not less than eight inches (8”) nominal diameter.

On new or replacement water distribution mains and water transmission mains within the water purveyor’s service area where fire flow and fire storage are available, fire hydrants shall be provided at not less than 1200 foot (1200’) intervals to provide for transportation hazards.

(Ord. 552 (2018) § 21, 2018: Ord. 464 (2010) § 25, 2010: Ord. 323(A) (2005) (part), 2005: Ord. 323 (2004) § 85, 2004: Ord. 224 (1998) § 6.8, 1998)

14.04.750 Fire alarm and detection systems.

In order to provide clarity and to maintain consistency between the building code and the fire code, the following subsections modify language in both the International Building Code as well as the International Fire Code as set forth below:

A.    IBC Section 907.2 and IFC Section 907.2 are amended as follows:

907.2 Where required – new buildings, structures and occupancies. An approved, addressable fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings, structures and occupancies in accordance with Sections 907.2.1 through 907.2.24 and provide occupancy notification in accordance with Section 907.5, unless other requirements are provided by another section of this code.

A minimum of one manual fire alarm box shall be provided in an approved location on each floor to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Where other sections of this code allow the elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed on each floor.

Exceptions:

1.    The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service.

2.    The manual fire alarm box is not required for Group R-2 occupancies unless required by the fire code official to provide a means for fire watch personnel to initiate an alarm during sprinkler system impairment. When provided, the manual fire alarm box shall not be located in an area accessible to the public.

3.    Fire alarm systems that consist of ten or fewer initiating devices need not be addressable.

B.    IBC Section 907.6.6 and IFC Section 907.6.6 are amended as follows:

IBC 907.6.6, IFC 907.6.6 Monitoring. Fire alarm systems required by this chapter or by the International Building Code or International Fire Code, shall be monitored by a U.L. (Underwriters Laboratory) -listed central station in accordance with NFPA 72.

Exception: Monitoring by a supervising station is not required for:

1.    Single and multiple-station smoke alarms required by Section 907.2.10.

2.    Smoke detectors in Group I-3 occupancies.

3.    Automatic sprinkler systems in one and two-family dwellings.

C.    IBC Section 907.2 and IFC Section 907.2 are further amended by the addition of a new subsection 907.2.24 as follows:

907.2.24 New occupancies in excess of 4000 square feet of gross floor area. All new buildings and new occupancies in new or existing buildings where the gross floor area exceeds 4000 square feet shall be provided throughout with an approved manual and automatic fire alarm system. The automatic fire detection shall be smoke detectors. Where ambient conditions prohibit installation of automatic smoke detection, other automatic fire detection shall be allowed. New occupancies shall include new tenants; changes in tenant space or occupancy; and changes in the of use or classification of an occupancy or tenant space.

Exceptions:

1.    Group R Division 3 and U occupancies.

2.    Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm system, automatic heat or smoke detection requirements of this section may be modified upon specific approval by the Fire Code Official.

D.    IFC Section 907.8.5 is amended by the addition of new subsections 907.8.5.1 through 907.8.5.6 as follows:

907.8.5.1 Accidental alarm activations. All installed fire alarm systems regardless of whether or not the installation was or was not required by this or any other code shall be maintained and operated in a manner as to assure to the greatest extent possible that accidental alarm activations will be avoided.

907.8.5.2 Accidental alarm activations – definition. For the purpose of this section, accidental fire alarm activation shall be defined as the accidental creation and/or transmission of an alarm signal, or system trouble signal when an emergency or trouble condition does not exist.

907.8.5.3 Accidental alarm activations – penalties. The fire marshal may assess a civil penalty of $200 plus the cost incurred by the responding fire district against the owner or lessee of a property for each subsequent accidental fire alarm activation beyond four (4) in any six-month period when such alarm is received by Kitsap Central Communications (CenCom) for any single location.

907.8.5.4 Recovery of penalties. The fire marshal is authorized to seek the recovery of penalties in accordance with any method allowed by law. Penalties recovered on behalf of the fire districts shall be paid to the appropriate fire district.

907.8.5.5 Penalty – waiver. The fire marshal may waive all or a portion of the penalty assessed by this section upon application in writing from the affected party if the affected party can provide documentation that a technician qualified to accomplish such work has identified and remedied the cause of the accidental fire alarm activation(s). Rendering a required alarm activation or notification device inoperable shall not be considered a remedy to the cause of the activation.

907.8.5.6 Penalty – appeal. The denial of a penalty waiver in whole or in part may be appealed in writing to the director. The appeal must be submitted within ten (10) work days of receiving the denial and must clearly state why the appellant believes the waiver denial is in error.

(Ord. 592 (2021) § 23, 2021; Ord. 552 (2018) § 22, 2018: Ord. 464 (2010) § 26, 2010: Ord. 391 (2007) § 27, 2007: Ord. 323(A) (2005) (part), 2005: Ord. 323 (2004) § 86, 2004: Ord. 224 (1998) § 6.9, 1998)

14.04.760 Appendices adopted and amended.

IFC Appendices B, F, and G, adopted in Section 14.04.040, are amended as follows:

A.    IFC Appendix B, Section B103.1 is amended as follows:

B103.1 Decreases. The Fire Code Official is authorized to reduce fire flow requirements for isolated buildings or group of buildings in rural areas or small communities where the development of full fire-flow requirements is impractical. Commercial fire-flow shall not be less than that specified in Table B105.1 for duration of two hours in all cases. Provided, that in Table B105.1 for construction type V-B, the total fire area in square feet is revised by deleting the term 0-3.600. Fire flow requirements may be reduced by installing an automatic fire extinguishing system in accordance with this code.

B.    IFC Appendix B, Section B103.2 is amended as follows:

B103.2 Increases. The Fire Code Official is authorized to increase the fire-flow requirements where conditions indicate an unusual susceptibility to group fires or conflagrations. An increase shall not be more than twice that required for the building under consideration.

C.    IFC Appendix B, Section B103.3 is amended as follows:

B103.3 Areas without water supply systems. Development of one-and two-family dwellings with a fire flow calculation area of 5,000 square feet or greater, shall provide water supplies or approved alternative for fire-fighting purposes. In areas where fire flow or water supply is inadequate or not available, developers or property owners may use Fire Protection Credits as listed in Table B103.3 – Approved Fire Protection, provided the total fire protection credits equal or exceed 500 gallons per minute.

D.    IFC Appendix B, Section B103.3, is further amended by the addition of Table 103.3.

TABLE B103.3

PROVISIONS FOR APPROVED FIRE PROTECTION IN AREAS WHERE FIRE FLOW IS INADEQUATE OR NOT AVAILABLE

Scope: The following fire protection development standards may apply to one- and two-family residential dwellings. Any combination of fire protection credits listed in the table can be used in areas where fire flow is inadequate or not available. The total fire protection credits shall equal or exceed 500 gallons per minute.

Method

Fire Protection Credit

1.) Automatic fire sprinkler system.

100% or 500 g.p.m. fire protection credit.

2.) An existing fire hydrant within 1,000 feet of structure which is capable of supplying 500 g.p.m. for 30 minutes and on an accessible road.

100% fire protection credit.

3.) NFPA 13D (partial system) residential fire sprinkler system for target hazards (systems may use domestic water supply).

Kitchens = 50% or 250 g.p.m. credit.

Garages = 25% or 125 g.p.m. credit.

75% or 375 g.p.m. credit for protection of kitchen and attached garage.

4.) Automatic fire extinguishing system for protection of cooking appliances.

25% or 125 g.p.m. fire protection credit.

5.) An approved monitored fire alarm system.

25% or 125 g.p.m. fire protection credit.

6.) 5/8 Type X Fire-rated sheetrock installed throughout structure and automatic door closure for attached garage.

50% or 250 g.p.m. fire protection credit.

7.) Class (A) or (B) noncombustible roof covering.

25% or 125 g.p.m. fire protection credit.

8.) Create defensible space within 30 feet around the structure. Use of fire-resistant landscaping plants and vegetation.

25% or 125 g.p.m. fire protection credit.

9.) Ignition-resistant construction in accordance with the International Urban Wildland Interface Code.

25% or 125 g.p.m. fire flow credit.

10.) Modified firewall between an attached garage and the living spaces is installed with: automatic door closure with solid core or 1-hour rated door; latched on all openings in ceiling of garage; ceiling openings to be 22 inches by 36 inches minimum, to allow firefighter access; fire-rated sheetrock, both sides of wall, from roof sheathing in attic to floor; penetrations sealed airtight.

25% or 125 g.p.m. fire flow credit.

25% of the square footage of the garage shall be subtracted from the total residential dwelling size to determine need for fire flow or fire protection credits.

E.    IFC Appendix B, Section B104.1.1 is added as follows:

B104.1.1 One- and Two-Family Dwellings. The fire flow calculation area for one and two-family dwellings shall be the total floor area within the exterior walls and under the horizontal projections of a roof, including mezzanines, and attached garages.

F.    IFC Appendix B, Section B104.2 is amended as follows:

B104.2 Area Separation. Portions of buildings which are separated by no more than two (2) four-hour separation walls constructed in accordance with the International Building Code, without openings and provided with a 30-inch (792mm) parapet, are allowed to be considered separate fire areas. No more than two (2) separate fire areas can be created between the four-hour (4 hour) separations by a two-hour (2 hour) separation wall constructed in accordance with the IBC.

G.    IFC Appendix B, Section B105.1 is amended as follows:

B105.1 One- and two-family dwellings. The minimum fire-flow requirements for one- and two-family dwellings in subdivisions shall be 500 gallons per minute for thirty (30) minutes.

B105.1.1 One and two-family dwellings with fire flow calculation areas of 5.000 square feet or greater. One- and two-family dwellings with a fire flow calculation area of 5,000 square feet or greater are also required to provide water for fire protection in the amount of 500 gallons per minute. In areas where fire flow is inadequate or not available developers or property owners may use fire protection credits as listed in Table B103.3 to meet fire flow requirements, provided the total fire protection credits equal or exceed 500 gallons per minute.

Exceptions:

1.    In areas where full fire flow is impractical, a residential sprinkler system may be substituted.

2.    Permits for one – and two – family, manufactured, mobile, and modular dwellings with a fire flow calculation area of less than 5000 square feet on an existing lot.

H.    IFC Appendix B, Table B105.1(2) is amended as follows:

FIRE AREA (Square feet)

FIRE FLOW (gallons per minute)c

FLOW DURATION (hour)

X 0.0929 for in²

 

 

Type 1-A and i-Bᵃ

Type IIA and IIIAᵃ

Type IV and V-Aᵃ

Type II-B and III-Bᵃ

Type V-Bᵃ

X 3.785 for L/min.

0-5,000

0-5,000

0-5,000

0-5,000

 

1,500

2

5,000-30,200

5,001-17,000

5,001-10,900

5,001-7,900

3,601-4,800

1,750

(The remainder of Table B105.1(2) is as printed in the IFC)

I.    Table B105(1), Table B105.2 and Section B105.3 are not adopted.

(Ord. 592 (2021) § 24, 2021; Ord. 552 (2018) § 23, 2018: Ord. 391 (2007) § 28, 2007: Ord. 323(A) (2005) (part), 2005: Ord. 323 (2004) § 88, 2004: Ord. 224-A (1998) § 4, 1998: Ord. 224 (1998) § 6.11, 1998)

14.04.770 Installation requirements.

The following sections of the International Fire Code relating to fire protection and life safety systems are amended as follows:

A.    IFC Section 901.4.6.1 is amended as follows:

901.4.6.1 Access. Rooms containing automatic sprinkler system risers, fire pumps and controllers shall be provided with a door opening to the building’s exterior. Exterior doors or other doors opening into fire sprinkler riser or fire pump rooms may be locked provided that the keys for such locks are clearly labeled and maintained in a locked key box on the building exterior or other approved location.

Exception: Where building or site conditions prevent rooms from opening directly to the outside, the fire marshal may approve alternate locations provided that such locations have direct access to the building exterior.

B.    IFC Section 901.6.3 is amended as follows:

901.6.3 Records. Records of all systems inspections, tests and maintenance required by the referenced standards shall be maintained on site and shall be submitted to and in such form as established by the fire code authority. Such records shall be submitted within fourteen (14) days of the work being accomplished and include the printed name, signature, and licensing and/or certification number(s) of the technician performing the work.

C.    IFC Section 903.1 is amended as follows:

903.1 General. Automatic sprinkler systems shall comply with this section. Fire areas shall be defined as the total floor areas of all floor levels within the exterior walls, including mezzanines, as well as all areas under the horizontal projections of the roof of a building that are not enclosed by walls. For the purpose of this section, for determining fire extinguishing system requirements, fire walls shall not define separate buildings.

(Ord. 592 (2021) § 25, 2021; Ord. 464 (2010) § 27, 2010: Ord. 323 (2004) § 89, 2004: Ord. 224-A (1998) § 5, 1998: Ord. 224 (1998) § 6.12, 1998)

14.04.780 Fire extinguishing systems.

In order to provide clarity and to maintain consistency between the building code and the fire code, the following subsections modify language in both the International Building Code as well as the International Fire Code as set forth below:

A.    IBC Section 903.2.1 and IFC Section 903.2.1 are amended as follows:

903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A-3 and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in 903.2.1.5.

B.    IBC Section 903.2.1.1 and IFC Section 903.2.1.1 are amended as follows:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists:

1.    The gross floor area of the building exceeds 10,000 square feet.

2.    The fire area has an occupant load of 300 or more.

3.    The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4.    The fire area contains a multi-theater complex.

C.    IBC Section 903.2.1.2 and IFC Section 903.2.1.2 are amended as follows:

903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists:

1.    The gross floor area of the building exceeds 5,000 square feet.

2.    The fire area has an occupant load of 100 or more.

3.    The fire area is located on a floor other than a level of exit discharge serving such occupancies.

D.    IBC Section 903.2.1.3 and IFC Section 903.2.1.3 are amended as follows:

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists:

1.    The gross floor area of the building exceeds 10,000 square feet.

2.    The fire area has an occupant load of 300 or more.

3.    The fire area is located on a floor other than a level of exit discharge serving such occupancies.

E.    IBC Section 903.2.1.4 and IFC Section 903.2.1.4 are amended as follows:

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists:

1.    The gross floor area of the building exceeds 10,000 square feet.

2.    The fire area has an occupancy load of 300 or more.

3.    The fire area is located on a floor other than a level of exit discharge serving such occupancies.

F.    IBC Section 903.2.1 and IFC Section 903.2.1 are amended by adding an additional Section 903.2.1.8 as follows:

903.2.1.8 Nightclub. An automatic fire sprinkler system shall be provided throughout an occupancy with a nightclub.

G.    IBC Section 903.2.4 and IFC Section 903.2.4 are amended as follows:

903.2.4 Group F. An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists:

1.    Where the gross floor area of the building exceeds 10,000 square feet; or

2.    Where a Group F fire area is located more than three stories above grade; or

3.    A group F occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet.

H.    IBC Section 903.2.7 and IFC Section 903.2.7 are amended as follows:

903.2.7 Group M. An automatic sprinkler system shall be provided throughout all buildings containing a Group M occupancy where one of the following conditions exists:

1.    Where the gross floor area of the building exceeds 10,000 square feet; or

2.    Where a Group M fire area is located more than three stories above grade; or

3.    Where a Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

I.    IBC Section 903.2.9 and IFC Section 903.2.9 are amended as follows:

903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy where one of the following conditions exists:

1.    Where the gross floor area of the building exceeds 10,000 square feet; or

2.    Where a Group S fire area is located more than three stories above grade; or

3.    Where a fire area used for the storage of commercial motor vehicles exceeds 5,000 square feet; or

4.    Where a Group S occupancy used for the storage of upholstered furniture or mattresses exceeds 2,500 square feet.

Exception: Self-service storage facilities no greater than one story above grade plane where all storage spaces have direct access to the building exterior.

J.    IBC Section 903.2.9.1 and IFC Section 903.2.9.1 are amended as follows:

903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings containing or used as repair garages in accordance with Section 406.8 of the International Building Code where one of the following conditions exists:

1.    Where the gross floor area of the building exceeds 10,000 square feet; or

2.    Buildings with a repair garage servicing vehicles parked in the basement; or

3.    A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet.

K.    IBC Section 903.2 and IFC Section 903.2 are further amended by adding additional subsection 903.2.13 as follows:

903.2.13 Group B. An automatic sprinkler system shall be provided throughout all buildings containing a Group B occupancy where one of the following conditions exists:

1.    Where the gross floor of the building exceeds 10,000 square feet; or

2.    Where a Group B fire area is located more than three stories above grade.

(Ord. 592 (2021) § 26, 2021; Ord. 552 (2018) § 24, 2018: Ord. 464 (2010) § 28, 2010: Ord. 391 (2007) § 29, 2007: Ord. 323 (2004) § 90, 2004: Ord. 224-A (1998) § 6, 1998: Ord. 224 (1998) § 6.13, 1998)

14.04.785 IFC referenced standards.

Referenced standards are as set forth in IFC Chapter 80.

(Ord. 552 (2018) § 25, 2018: Ord. 464 (2010) § 29, 2010: Ord. 391 (2007) § 30, 2007: Ord. 323 (2004) § 91, 2004)

14.04.790 (Repealed)*

*        Editor’s Note: Former Section 14.04.790, “Marinas,” was repealed by § 26 of Ord. 552 (2018). Section 92 of Ord. 323 (2004) and § 30 of Ord. 464 (2010) were formerly codified herein.

Article 8 – Plumbing Code Amendments

14.04.800 General.

A.    Corrections. Publishing and typographical error corrections as identified in Errata published by the International Association of Plumbing and Mechanical Officials (IAPMO) shall become part of this code as if contained herein.

B.    UPC Section 106.3 is amended as follows:

106.3 Penalties. Failure to comply with any provision or requirement of this code, failure to comply with a directive of the code official made pursuant to the code official’s authority under this code, or failure to comply with permit conditions or certificates issued pursuant to this code are considered violations of this code. Violations will be enforced in accordance with Section 14.04.065. Each day the violation continues shall be deemed a separate offense.

C.    UPC Section 104.4.3 is amended as follows:

104.4.3 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection within 180 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration, and shall demonstrate good cause.

D.    UPC Section 104.5 is amended as follows:

104.5 Fees. The fees for plumbing permits shall be established by resolution.

E.    UPC Section 104.5.3 is amended as follows:

104.5.3 Fee Refunds. The code official shall authorize fee refunds as established by resolution.

(Ord. 592 (2021) § 27, 2021; Ord. 440 (2009) § 19, 2009: Ord. 323 (2004) § 93, 2004: Ord. 224 (1998) § 701, 1998)

Article 9 – Abatement of Dangerous Buildings

14.04.850 DBC general.

A.    Title. This Article shall be known as the Abatement of Dangerous Buildings Code, may be cited as such, and will be referred to herein as “this code.”

B.    Purpose and Scope. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the Building Code, Fire Code, or any other means available by law, whereby buildings or structures which may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.

The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous.

C.    Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

D.    Liability. The building official and authorized representatives charged with the enforcement of this code shall not be held personally liable for any act or omission that occurs during the performance of official duties.

(Ord. 323 (2004) § 97, 2004)

14.04.860 Enforcement.

A.    Administration. The building official, the fire marshal, and the health officer shall have authority as necessary in the interest of public health, safety and general welfare to perform inspections and enforce the provisions of this code. The building official or fire marshal shall have authority to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements due to local conditions. Such rules and interpretations shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.

B.    Inspections. All buildings within the scope of this code and all construction work for which a permit is required shall be subject to inspection by the building official, fire marshal and health officer in accordance with the requirements of this code, the Kitsap County building and fire code, and any other laws and ordinances of Kitsap County.

C.    Right of Entry. When it is necessary to perform an inspection to enforce the provisions of this code, or when the building official, or the building official’s authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such a building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises is not occupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

D.    Alterations, Additions and Repairs. All buildings or structures which are required to be repaired under the provisions of this code.

E.    Violations. Failure to comply with any provision or requirement of this code, failure to comply with a directive or order of the code official made pursuant to the code official’s authority under this code, or failure to comply with permit conditions or certificates issued pursuant to this code are considered violations of this code. Violations will be enforced in accordance with Section 14.04.065.

F.    Misdemeanor. In addition to the penalties provided in subsection (E) of this section, occupancy of a building declared to be dangerous, in accordance with Sections 14.04.870 and 14.04.875, or the removal or defacement of a dangerous building notice, shall be a misdemeanor in accordance with RCW 36.43.040 and shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than $1,000.00, or by both such imprisonment and fine.

G.    Appeals. Notices of appeal of orders, decisions or determinations of the building official or fire marshal regarding dangerous buildings, shall be filed with the Kitsap County department of community development within twenty-one days of the order, decision or determination on a form available at the department of community development for such purpose. Appeals shall be heard by the Kitsap County hearing examiner in accordance with Chapter 21.04.

(Ord. 592 (2021) § 28, 2021; Ord. 391 (2007) § 31, 2007: Ord. 323 (2004) § 98, 2004)

14.04.865 (Repealed)*

*    Editor’s Note: Former Section 14.04.865, “Dangerous buildings,” was repealed by § 32 of Ord. 391 (2007). Section 99 of Ord. 323 (2004) was formerly codified herein.

14.04.870 Dangerous building definitions.

A.    Definitions, General. For the purposes of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this article or as specified in the Kitsap County building and fire code. 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.

B.    “Building code” means the Kitsap County building and fire code, including the International Building Code as adopted by Section 14.04.040.

C.    “Dangerous building” is any building or structure which has any one or several of the conditions or defects described within subsections (C)(1) through (19) of this section; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the building’s occupants are endangered; or a building or structure that is found in whole or in part to be an unlawful structure; occupied by more persons than permitted by this code, the building code, or the fire code; or was erected, altered or occupied contrary to the provisions of the Kitsap County building and fire code.

1.    Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

2.    Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

3.    Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.

4.    Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.

5.    Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

6.    Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.

7.    Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

8.    Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the support of such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.

9.    Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

10.    Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

11.    Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

12.    Whenever the building or structure has become so dilapidated, deteriorated or open and unsecure such that it is: (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable such persons to resort thereto for the purpose of committing unlawful or immoral acts.

13.    Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations as specified in the Kitsap County building and fire code, or of any other law or ordinance of Washington State or Kitsap County relating to the condition, location or structure of buildings.

14.    Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent, or in any supporting part, member or portion less than sixty-six percent of the (a) strength; (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of newly constructed building of like area, height and occupancy in the same location.

15.    Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

16.    Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.

17.    Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

18.    Whenever any portion of the building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

19.    Whenever a building or structure, used or intended to be used for dwelling purposes, because of improper storage of combustible or noncombustible items so as to cause an overloaded condition on floor, stair or ceiling elements; inadequate or blocked egress path or emergency egress; or other conditions that are likely to cause risk of structural failure is determined by the building official to be unsafe or unfit for human habitation or is determined by the fire marshal to be a fire hazard.

(Ord. 592 (2021) § 29, 2021; Ord. 323 (2004) § 100, 2004)

14.04.875 Compliance.

A.    Declaration of Dangerous Buildings. All buildings or portions thereof which are determined after inspection by the building official or authorized representative, to be dangerous as defined in Section 14.04.870 of this code, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. Upon the determination that a building or structure is dangerous, the building official shall issue a notice of violation with an order to correct the violation(s) or initiate a nuisance abatement action in the Superior Court in accordance with RCW 7.48.

B.    Emergency Measures. When, in the opinion of the building official or fire marshal, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of geologic hazard, explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the building official and fire marshal are hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The building official or fire marshal shall cause to be posted at each entrance to such building, structure or premises a notice essentially as follows:

DO NOT ENTER

THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY THE CODE OFFICIAL

It shall be a misdemeanor to remove or deface this placard; or, to occupy such structure; or, for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or for demolishing the building or structure.

No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal of hazard is complete, and the abatement has received final approval by the building official.

When vacation orders are issued as emergency measures, a notice of violation and order to abate the dangerous condition shall be prepared and served in accordance with Kitsap County Code Section 14.04.875(A) as soon as practical.

C.    Orders. After any order of the building official, fire marshal or hearings examiner made pursuant to this code has become final, no person to whom such an order is directed shall fail, neglect or refuse to obey such order. Any such person who fails to comply with any such order is guilty of a class 1 civil infraction in accordance with Kitsap County Code Chapter 2.116, or of a misdemeanor in accordance with Kitsap County Code Section 14.04.060(E) and RCW 36.43.040, as well as any other law or ordinance as provided by law.

D.    Failure to Obey Order. After any order of the building official, fire marshal or hearings examiner made pursuant to this code has become final, and any person to whom such an order is directed fails, neglects or refuses to obey such order, the building official or fire marshal shall either: (a) cause such person to be prosecuted in accordance with Kitsap County Code Chapter 2.116; or, (b) institute any appropriate action to abate such condition as a public nuisance in accordance with Kitsap County Code Chapter 9.56; or, (c) initiate any appropriate action to abate such condition as a public nuisance by filing for a warrant of abatement with the Clerk of the Kitsap County Superior Court.

E.    Failure to Commence Work. Whenever the required repair, removal or demolition is not commenced within 30 days after any final notice and order issued pursuant to this code becomes effective, the building official or fire marshal shall cause the building, structure or premises described in such notice to be vacated by posting at each entrance to such building, structure or premises a notice essentially as follows:

DO NOT ENTER

THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY THE CODE OFFICIAL

It shall be a misdemeanor to remove or deface this placard; or, to occupy such structure; or, for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or for demolishing the building or structure.

No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal of hazard is complete, and the abatement has received final approval by the building official.

In addition, the building official or fire marshal may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building or structure unsafe as set forth in the notice and order; or, if the notice and order required demolition, to cause the building or structure to be demolished and the materials, rubble and resultant debris removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner provided in this code.

F.    Interference. No person shall hinder, delay, obstruct or interfere with any officer, employee, contractor or authorized representative of this jurisdiction while performing any necessary act preliminary to or incidental to such work pursuant to this code. Any person who knowingly hinders, delays, obstructs or interferes with any county employee performing official duties in abating a nuisance pursuant to this code, shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety (90) days and/or a fine not exceeding $1,000.00 in accordance with Kitsap County Code Section 9.56.060.

G.    Performance. When any work of repair or demolition is to be done pursuant to the provisions of this code, the building official shall, by contract or arrangement with private contractors, or by agreement with Kitsap County Public Works, cause the building or structure to be repaired or demolished, and the cost of such repair or demolition shall be charged against the real estate upon which the building or structure is located, and shall be a lien upon such real estate.

(Ord. 391 (2007) § 33, 2007: Ord. 323 (2004) § 101, 2004)

14.04.880 Recovery of costs.

A.    Accounting. The director of the department of community development shall keep an itemized accounting of the expenses incurred by the department in the course of repair or demolition of any building or structure pursuant to the provisions of this code. Upon completion of the demolition or repair work as ordered, the director shall prepare an expense report specifying the work performed, the itemized cost of such work, and the legal description of the property upon which the work was performed.

B.    Billing. The department of community development shall forward to the legal owner of the said property an itemized billing of the total cost for the repair or demolition as required by this code. Such billing shall be sent by certified mail, postage prepaid, addressed to the owner as the owner’s name and address appear on the last equalized tax roll of Kitsap County. Said bill shall be due and payable within sixty days of receipt.

C.    Billing Appeal. The owner, upon receipt of said billing may file a written appeal to the board of county commissioners within thirty days. Said appeal shall contain the legal description of the property and the basis for the appeal. The board shall schedule said hearing within thirty days and shall uphold the appeal, deny the appeal or modify the billing as they may determine. Within thirty days of the decision of the board the balance of the billing due to the county shall become due and payable and if unpaid shall become a special assessment against the property as a lien.

D.    Assessment. Upon certification of the assessment amount being due and owing, the county treasurer shall enter the amount of the assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes. When collected, the amount of the assessment shall be deposited to the credit of the fund of the county from which the expenditures for abatement were paid.

E.    Priority. The assessment shall constitute a lien against the property that shall be of equal rank with state, county and municipal taxes.

(Ord. 391 (2007) § 34, 2007: Ord. 323 (2004) § 102, 2004: Ord. 224 (1998) § 8.1, 1998)

Article 10 – Washington State Energy Code

14.04.885 WSEC.

The Washington State Energy Code (WSEC), as set forth in the Washington Administrative Code (WAC) Section 51-11 is adopted by reference in Section 14.04.040.

(Ord. 391 (2007) § 35, 2007: Ord. 323 (2004) § 104, 2004: Ord. 224 (1998) § 9.1, 1998)

Article 11 – Washington State Ventilation and Indoor Air Quality Code

14.04.890 (Repealed)*

*    Editor’s Note: Former Section 14.04.890, “WSVIAQ,” was repealed by Ordinance 592 (2021). Subsection 10.1 of Ord. 224 (1998), Section 106 of Ord. 323 (2004) and Section 36 of Ord. 391 (2007) were formerly codified in this section.

Article 12 – Washington State Historic Building Code

14.04.895 (Repealed)*

*    Editor’s Note: Former Section 14.04.890, “WSHBC 1991 adopted,” was repealed by Ordinance 592 (2021). Subsection 11.1 of Ord. 224 (1998) and Section 108 of Ord. 323 (2004) were formerly codified in this section.

Article 13 – Washington State Manufactured Homes (and Mobile Homes) Installation Standards

14.04.900 Manufactured homes.

The Washington State Manufactured Home (Mobile Home) Installation Standards as set forth in the Washington Administrative Code (WAC) Section 296-150M is adopted by reference in Section 14.04.040.

(Ord. 323 (2004) § 110, 2004: Ord. 224 (1998) § 12.1, 1998)

14.04.910 General.

Kitsap County, in Section 14.04.040, adopts the 2006 International Residential Code (IRC) Appendix E, pursuant to the authority of RCW 43.22 and RCW 19.27, and amended as follows:

A.    IRC Appendix E, Section AE101.1 is amended as follows:

AE101.1 General. These provisions shall be applicable only to a manufactured home used as a single dwelling unit installed on a lot and shall apply to the following:

1.    Construction, alteration and repair of any foundation system which is necessary to provide for the installation of a manufactured home unit.

2.    Construction, installation, addition, alteration, repair or maintenance of the building service equipment which is necessary for connecting manufactured homes to water, fuel, or power supplies and sewage systems.

3.    Alterations, additions or repairs to existing manufactured homes. The construction, alteration, moving, demolition, repair and use of accessory buildings and structures and their building service equipment shall comply with the requirements of the codes adopted by this jurisdiction.

These provisions shall not be applicable to the design and construction of manufactured homes and shall not be deemed to authorize either modifications or additions to manufactured homes where otherwise prohibited.

Exception: In addition to these provisions, new and replacement manufactured homes to be located in flood hazard areas as established in Table R301.2(1) of the International Residential Code shall meet the applicable requirements of Sections R324 of the International Residential Code.

B.    IRC Appendix E, Section AE102.2 is amended as follows:

AE102.2.2 Additions, alterations or repairs. Additions made to a manufactured home shall conform to one of the following:

1.    Be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.).

2.    Be designed and constructed to conform with the applicable provisions of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.).

3.    Be designed and constructed in conformance with the code adopted by this jurisdiction.

Additions shall be structurally separated from the manufactured home.

C.    IRC Appendix E, Section AE102.3 is deleted and not adopted.

D.    IRC Appendix E, Section AE102.5 is deleted and not adopted.

E.    IRC Appendix E, Section AE301.2 is amended as follows:

AE301.2 Additions, alterations and repairs to a manufactured home. A permit shall first be obtained from the Washington State Department of Labor and Industries to alter, remodel, repair or attach accessory buildings or structures to a manufactured home subsequent to its initial installation. Permit issuance and fees therefore shall be in conformance with the codes applicable to the type of work involved.

An addition made to a manufactured home as defined in these provisions shall comply with these provisions.

F.    IRC Appendix E, Section AE302.1 is amended by adding additional paragraphs as follows:

Pursuant to RCW 19.27.095 and RCW 19.27.097, and in addition to the requirements above, no building permit application shall be complete unless or until evidence of an adequate water supply and evidence of an adequate sewage disposal system for the intended use of the building is provided from an approved agency for structures where plumbing fixtures are part of the proposed building permit application.

Evidence shall be by either A or B below:

A.    Upon building permit application, where parcels are serviced by on-site sewage disposal systems, an accepted building site application* or an accepted building clearance is required for:

1.    New manufactured home installations.

2.    Additions where there is an increase in the floor area which extends beyond the original exterior walls.

3.    Alteration or remodeling where the total number of bedrooms is increased.

4.    Change in use which results in an increase in the water/sewage volume or potential health risk.

*    An application may be submitted with a preliminary building site application, which may be obtained from the health district. However, until an accepted building site application is received from the health district, a building permit application will not be complete.

B.    Upon building permit application, a sewer permit and an accepted building clearance are required for the installation of a manufactured home unit.

G.    IRC Appendix E, Section AE304.1 is amended as follows:

AE304.1 Permit Fees. The fee for each manufactured home installation permit shall be established by resolution.

H.    IRC Appendix E, Section AE304.2 is deleted and not adopted.

I.    IRC Appendix E, Section AE304.3.3.3 is deleted and not adopted.

J.    IRC Appendix E, Section AE305.5.1 is amended as follows:

AE305.5.1 Structural inspections for the manufactured home installation.

The building official, upon notification from the permit holder or the permit holder’s agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or the permit holder’s agent wherein the same fails to comply with these provisions or other applicable codes.

A.    Reinforcing steel or structural framework of any part of a manufactured home foundation system specifically designed by an engineer registered in the State of Washington, shall not be covered or concealed without first obtaining the approval of the building official.

1.    Foundation Inspection: To be made after excavations for footings are completed and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except where concrete from a central mixing plant is to be used, (ready-mixed) the concrete materials need not be on the job.

2.    Concrete Slab or Under-Floor Inspection: To be made after all in-slab or underflow building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is poured or the manufactured home is installed.

B.    Anchorage Inspection: To be made after the manufactured home has been installed and permanently anchored.

K.    IRC Appendix E, Section AE305.6 is amended by adding an additional paragraph as follows:

Manufactured homes or their accessory buildings shall not be used or occupied until a certificate of occupancy is issued in accordance with Section R110 of this code.

L.    IRC Appendix E, Section AE501.1 is amended as follows:

AE501.1 General. A manufactured home shall be installed on a foundation system which is designed and constructed in accordance with the manufacturer’s installation instructions.

Exception: When specifically authorized by the building official, foundation and anchorage systems which are constructed in accordance with the methods specified in Section AE600 of these provisions, or in the United States Department of Housing and Urban Development Handbook, Permanent Foundations For Manufactured Housing, 1984 Edition, Draft, shall be deemed to meet the requirements of this Appendix E.

M.    IRC Appendix E, Section AE504.1 is amended as follows:

AE504.1 General. Accessory buildings shall not be structurally supported by or attached to a manufactured home unless engineering calculations are submitted to substantiate any proposed structural connection and all alterations to the manufactured home are approved by the Washington State Department of Labor and Industries.

Exception: The building official may waive the submission of engineering calculations if it is found that the nature of the work applied for is such that engineering calculations are not necessary to show conformance to these provisions.

N.    IRC Appendix E, Section AE600.1 is amended as follows:

AE600.1 General. Sections AE601 through AE605 are applicable only when specifically authorized by the building official for use when specific installation instructions from the manufacturer of the manufactured home are not available.

(Ord. 440 (2009) § 20, 2009: Ord. 391 (2007) § 37, 2007: Ord. 323 (2004) § 111, 2004: Ord. 224 (1998) § 12.2, 1998)

Article 14 – Washington State Modular Homes and Modular Nonresidential (Commercial) Installation Standards

14.04.920 Modular buildings.

The Washington State Modular Installation Standards as set forth in the Washington Administrative Code (WAC) Section 296-150F is adopted by reference in Section 14.04.040.

(Ord. 323 (2004) § 113, 2004: Ord. 224 (1998) § 13.1, 1998)

14.04.930 General.

Kitsap County adopts the following sections pursuant to the authority of Chapters 19.27 and 43.22 RCW:

A.    Permit Required. Prior to the placement and/or installation of a modular home or modular commercial building on a parcel of land, an installation permit must first be obtained from the Kitsap County department of community development.

Installing a modular home or modular commercial building without first having obtained the required permit is not permitted and is subject to the penalties of Chapter 2.116, and the serving of a stop work order together with the fees in Section 14.04.120.

B.    Modular or factory-built units shall comply with the codes as adopted in Section 14.04.040, with the exception that inspections of the factory-assembled portions of the unit, performed in accordance with Chapter 296-150F WAC, and identified by having the appropriate insignia attached, shall be accepted in lieu of the individual inspections as required by the respective codes. All portions of the installation performed on site shall have inspections as required by the codes adopted in Section 14.04.040.

C.    In accordance with WAC 296-150F-0540:

1.    Kitsap County must approve the installation; and

2.    A set of design plans and specifications for the unit shall be provided to Kitsap County; and

3.    After the unit is manufactured but before occupancy, the Department of Labor and Industries must inspect a factory-built house or commercial structure if it is damaged in transit to the building site or during on-site installation; and

4.    Kitsap County will not open, or cause to be opened, the concealed construction of a factory-built house or commercial structure to inspect, provided the appropriate insignia is attached.

D.    In accordance with WAC 296-150F-0550, after the Department of Labor and Industries performs a final inspection of the factory-built structure at the manufacturing location, the Department of Labor and Industries shall provide to Kitsap County a notice that specifies what connections, standards, and incomplete items must be inspected when the unit is installed.

E.    Complete Application. Pursuant to RCW 19.27.095 and 19.27.097, no building permit shall be complete unless or until evidence of an adequate water supply and evidence of an adequate sewage disposal system are provided in accordance with IBC Section 105.3, as amended by Section 14.04.265(9).

(Ord. 551 (2018) § 4, 2018: Ord. 323 (2004) § 114, 2004: Ord. 224 (1998) § 13.2, 1998)

Article 15 – Board of Appeals

14.04.950 Creation.

There is hereby created a single, consolidated board of appeals as specified in the International Building Code (IBC) Section 112, International Residential Code (IRC) Section R112, International Mechanical Code (IMC) Section 109, International Fuel-Gas Code (IFGC) Section 109, and International Fire Code (IFC) Section 108.

(Ord. 323 (2004) § 116, 2004: Ord. 224 (1998) § 14.1, 1998)

14.04.960 Name.

The board of appeals hereby created shall be known as the “consolidated board of appeals.”

(Ord. 323 (2004) § 117, 2004: Ord. 224 (1998) § 14.1.2, 1998)

14.04.970 Membership.

The director of the department of community development shall develop criteria for membership of the consolidated board of appeals. Membership criteria shall address the need to obtain highly qualified, code knowledgeable individuals. The consolidated board of appeals may form and/or be comprised of sub-committees in order to address specialized and highly technical code issues. Members of the consolidated board of appeals shall not be employees of Kitsap County.

(Ord. 323 (2004) § 118, 2004: Ord. 224 (1998) § 14.2, 1998)

14.04.980 Filings.

Notices of appeal of orders, decisions or determinations of the building official or fire marshal regarding the technical provisions of the codes, shall be filed with the Kitsap County department of community development within twenty-one days of the order, decision or determination. Within thirty days of the filing of a complete notice of appeal, a hearing shall be scheduled to occur within sixty days of the filing. Forms shall be made available at the department of community development for such purpose.

(Ord. 391 (2007) § 38, 2007: Ord. 323 (2004) § 119, 2004: Ord. 224 (1998) § 14.3, 1998)

14.04.990 Limitations of authority.

Notwithstanding any other provision, the consolidated board of appeals shall have no jurisdiction to hear or decide issues relating to fees assessed as adopted herein, penalties for violations, or administrative provisions of the Kitsap County Building & Fire Code. Notices of infractions shall be subject to Kitsap County Code Chapter 2.116. Appeals of stop-work orders, dangerous building determinations, or other administrative decisions of the building official or fire marshal shall be made in accordance with Kitsap County Code Chapter 21.04.

An application for appeal shall be based on a claim that the true intent of the technical provisions of this chapter have been incorrectly interpreted, the provisions of this chapter do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements or provisions of this chapter, or of any of the codes adopted within Section 14.04.040.

(Ord. 391 (2007) § 39, 2007: Ord. 323 (2004) § 120, 2004: Ord. 224 (1998) § 14.4, 1998)