Chapter 15.05
CONSTRUCTION ADMINISTRATIVE CODE
Sections:
15.05.103 Enforcement authority.
15.05.104 Duties and powers of the building official.
15.05.106 Floor and roof design loads.
15.05.107 Submittal documents.
15.05.108 Temporary structures and uses.
15.05.111 Certificate of occupancy.
15.05.116 Unsafe structures and equipment.
15.05.101 General.
15.05.101.1 Title. These regulations shall be known as the Construction Administrative Code (CAC) of the City of Newcastle, hereinafter referenced in this chapter as “this code.”
15.05.101.2 Applicable Codes. The provisions of this code shall apply to the administration of the following “Construction Codes”:
2018 International Building Code – Chapter 51-50 WAC
2018 International Residential Code – Chapter 51-51 WAC
2018 International Mechanical Code – Chapter 51-52 WAC
2017 Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC
2018 National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC
2018 International Fuel Gas Code – Chapter 51-52 WAC
2018 Uniform Plumbing Code – Chapter 51-56 WAC
2018 Washington State Energy Code – Chapters 51-11C and 51-11R WAC
2018 International Existing Building Code – Chapter 51-50 WAC
2018 International Swimming Pool and Spa Code – Chapter 51-51 WAC
2018 International Property Maintenance Code
15.05.101.2.1 Definitions. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
1. “Action” means a specific response complying fully with a specific request by the City.
2. “Building department” means the Building Division within the Community Development Department in the City of Newcastle.
3. “Building service equipment” means and refers to the plumbing, mechanical and electrical equipment including piping, wiring, fixtures, and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use.
4. “Complete response” means a written submittal responding to all requests from City staff in sufficient detail to allow the application to be processed.
5. “Fire chief” or “chief” means the fire chief of the City of Bellevue.
6. “Fire code official” or “fire marshal” means the fire marshal of the City of Bellevue.
7. “Fire permits” shall include operational and construction permits as defined in IFC Sections 105.1.2, 105.6 and 105.7 as adopted herein.
8. “NEC” means the latest edition of the National Electrical Code promulgated by the National Fire Protection Association.
9. “NMC” means the Newcastle Municipal Code.
10. “Public service agency” shall include those agencies providing noncompetitive services and rates to the public for the purpose of delivering electrical, water, sewer or gas utilities. The equipment installed by a public service agency shall be owned, operated and maintained by that agency.
11. “Shall,” as used in this chapter, is mandatory.
12. “Valuation” or “value,” as applied to a building or portion thereof, or building service equipment, means and shall be the estimated cost to replace the building and its building service equipment in kind, based on current material and labor replacement costs. It shall also include the contractor’s overhead and profit. “Valuation” or “value” as applied to a specific scope of work associated with a permit shall be the fair market value of that scope of work including time and materials and the contractor’s overhead and profit.
15.05.101.2.2 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
15.05.101.2.3 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.
15.05.101.3 Intent. The purpose of this code is to provide for the administration, organization and enforcement of the Construction Codes adopted by the City. The purpose of the Construction Codes is to establish the minimum requirements to provide a reasonable level of safety, public health, and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations. This code is not intended to and does not establish a duty to any specific individual. Notwithstanding this statement of intent or any statements of intent regarding any of the specific codes adopted in this chapter, the Construction Codes and the codes adopted herein are not intended to single out any individual or class of individuals for special protection or to create any duty to any such individual or class of individuals greater than the duty to the general public.
15.05.101.4 Scope and intent of referenced codes. The codes listed in NMC Sections 15.05.101.4.1 through 15.05.101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
15.05.101.4.1 International Building Code. The provisions of the International Building Code (IBC) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exception:
Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code and the International Residential Code.
15.05.101.4.1.2 Intent of the IBC. The purpose of the IBC is to establish the minimum requirements to provide a reasonable level of safety, public health and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.
15.05.101.4.2 International Residential Code. The provisions of the International Residential Code (IRC) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, including adult family homes, foster family care homes and family day care homes licensed by the Washington state department of social and health services.
Exceptions:
1. Live/work units located in townhouses and complying with the requirements of IBC Section 419 shall be permitted to be constructed in accordance with the International Residential Code. Fire suppression required by IBC Section 419.5 where constructed under the International Residential Code shall conform to Appendix U.
2. Owner-occupied lodging houses with one or two guestrooms shall be permitted to be constructed in accordance with the International Residential Code.
3. Owner-occupied lodging homes with three to five guestrooms shall be permitted to be constructed in accordance with the International Residential Code where equipped with a fire sprinkler system in accordance with Appendix U.
15.05.101.4.2.1 International Residential Code appendices. Provisions in the appendices shall not apply unless specifically referenced in this chapter. An appendix adopted by the City shall not be effective unless approved by the State Building Code Council pursuant to RCW 19.27.060(1)(a).
Exceptions:
1. The State Building Code Council has determined that a local ordinance providing specifications for light straw-clay or straw bale construction, or requiring a solar-ready zone or requiring fire sprinklers in accordance with Appendix R, “Light Straw-clay Construction”; S, “Strawbale Construction”; T, “Solar-ready Provisions – Detached One- and Two-family Dwellings and Townhouses”; U, “Dwelling Unit Fire Sprinkler Systems”; or V, “Fire Sprinklers” of this chapter may be adopted by any local government upon notification of the Council.
2. Appendix F, “Radon Control Methods”; Appendix Q, “Tiny Houses”; and Appendix U, “Dwelling Unit Fire Sprinkler Systems” are included in adoption of the International Residential Code.
15.05.101.4.2.2 Intent. The purpose of the IRC is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to fire fighters and emergency responders during emergency operations.
15.05.101.4.3 International Mechanical Code. These provisions of the International Mechanical Code (IMC) shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code. References in this code to Group R shall include Group I-1, Condition 2 assisted living facilities licensed by Washington state under chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington state under chapter 246-337 WAC.
Exceptions:
1. Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height shall comply with the International Residential Code.
2. The standards for liquefied petroleum gas installations shall be the 2017 Edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2018 Edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code).
15.05.101.4.3.1 Intent. The purpose of the IMC is to establish minimum standards to provide a reasonable level of safety, health, property protection and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of mechanical systems.
15.05.101.4.3.2 Other authorities. In addition to the IMC, provisions of Chapter 480-93 WAC regarding gas pipeline safety may also apply to single meter installations serving more than one building. The provisions of Chapter 480-93 WAC are enforced by the Washington Utilities and Transportation Commission.
15.05.101.4.4 Liquefied Petroleum Gas Code. The provisions of the Liquefied Petroleum Gas Code (NFPA 58) shall apply to the storage, handling, transportation, and use of liquefied petroleum gas (LP-Gas).
15.05.101.4.5 National Fuel Gas Code. The provisions of the National Fuel Gas Code (NFPA 54) shall apply to the installation of liquefied petroleum gas piping systems, appliances, equipment, and related accessories as referenced in this code.
15.05.101.4.6 International Fuel Gas Code. The provisions of the International Fuel Gas Code (IFGC) shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems and regulated accessories in accordance with NMC Sections 15.05.101.4.6.1 through 15.05.101.4.6.5.
Exceptions:
1. Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height shall comply with the International Residential Code.
2. The standards for liquefied petroleum gas installations shall be the 2017 Edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2018 Edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code).
15.05.101.4.6.1 Gaseous hydrogen systems. Gaseous hydrogen systems shall be regulated by IFGC Chapter 7.
15.05.101.4.6.2 Piping systems. These IFGC regulations cover piping systems for natural gas with an operating pressure of 125 pounds per square inch gauge (psig) (862 kPa gauge) or less, and for LP-gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in IFGC Section 402.7. Coverage shall extend from the point of delivery to the outlet of the appliance shutoff valves. Piping system requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation and maintenance.
15.05.101.4.6.3 Gas appliances. Requirements for gas appliances and related accessories shall include installation, combustion and ventilation air and venting and connections to piping systems.
15.05.101.4.6.4 Systems, appliances and equipment outside the scope. This code shall not apply to the following:
1. Portable LP-gas appliances and equipment of all types that is not connected to a fixed fuel piping system.
2. Installation of farm appliances and equipment such as brooders, dehydrators, dryers and irrigation equipment.
3. Raw material (feedstock) applications except for piping to special atmosphere generators.
4. Oxygen-fuel gas cutting and welding systems.
5. Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.
6. Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.
7. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by, or used in, chemical reactions.
8. LP-gas installations at utility gas plants.
9. Liquefied natural gas (LNG) installations.
10. Fuel gas piping in power and atomic energy plants.
11. Proprietary items of equipment, apparatus or instruments such as gas-generating sets, compressors and calorimeters.
12. LP-gas equipment for vaporization, gas mixing and gas manufacturing.
13. Temporary LP-gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.
14. Installation of LP-gas systems for railroad switch heating.
15. Installation of hydrogen gas, LP-gas and compressed natural gas (CNG) systems on vehicles.
16. Except as provided in IFGC Section 401.1.1, gas piping, meters, gas pressure regulators and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-gas.
17. Building design and construction, except as specified herein.
18. Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).
19. Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.
15.05.101.4.6.5 Other fuels. The requirements for the design, installation, maintenance, alteration and inspection of mechanical systems operating with fuels other than fuel gas shall be regulated by the International Mechanical Code.
15.05.101.4.6.6 Intent. The purpose of the IFGC is to establish minimum standards to provide a reasonable level of safety, health, property protection and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of fuel gas systems.
15.05.101.4.7 Uniform Plumbing Code. The provisions of the Uniform Plumbing Code (UPC) shall apply to the erection, installation, alteration, repair, relocation and replacement, in addition to use, or maintenance 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.
15.05.101.4.8 Washington State Energy Code. The provisions of the Washington State Energy Code (WSEC) shall apply to all matters governing the design and construction of buildings for energy efficiency.
15.05.101.4.8.1 Intent. The WSEC shall regulate the design and construction of buildings for the use and conservation of energy over the life of each building. The WSEC is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. The WSEC is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.
15.05.101.4.8.2 Mixed residential and commercial buildings. Where a building includes both residential building and commercial building portions, each portion shall be separately considered and meet the applicable provisions of WSEC – Commercial Provisions or WSEC – Residential Provisions.
15.05.101.4.8.3 Compliance. Residential buildings shall meet the provisions of WSEC – Residential Provisions. Commercial buildings shall meet the provisions of WSEC – Commercial Provisions.
15.05.101.4.8.3.1 Compliance materials. The building official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of the WSEC.
15.05.101.4.8.4 Washington State Energy Code – Commercial. The Washington State Energy Code – Commercial applies to commercial buildings, building sites, associated systems and equipment. References in the commercial energy code to Group R shall include Group I-1, Condition 2 assisted living facilities licensed by Washington state under chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington state under chapter 246-337 WAC. Building areas that contain Group R sleeping units, regardless of the number of stories in height, are required to comply with the commercial sections of the energy code.
Exception:
The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. A temporary growing structure is not considered a building for the purposes of this code. However, the installation of other than listed, portable mechanical equipment or listed, portable lighting fixtures is not allowed.
15.05.101.4.8.5 Washington State Energy Code – Residential. The Washington State Energy Code – Residential applies to residential buildings, building sites, associated systems and equipment. This code shall be the maximum and minimum energy code for residential construction in each town, city and county. Residential sleeping units, Group I-1, Condition 2 assisted living facilities licensed by Washington state under chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington state under chapter 246-337 WAC shall utilize the commercial building sections of the energy code regardless of the number of stories of height above grade plane.
15.05.101.4.9 International Existing Building Code. The provisions of the International Existing Building Code (IEBC) shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings, regardless of occupancy, subject to the criteria of NMC Sections 15.05.101.4.9.3 and 15.05.101.4.9.4.
Exception:
Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code.
15.05.101.4.9.1 International Existing Building Code appendices. The building official is authorized to require rehabilitation and retrofit of buildings, structures, or individual structural members in accordance with the appendices of this code if such appendices have been individually adopted.
Appendix A, “Guidelines for the Seismic Retrofit of Existing Buildings,” is hereby adopted as part of this code without any specific adoption by the local jurisdiction.
15.05.101.4.9.2 Intent. The intent of the IEBC is to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety and welfare insofar as they are affected by the repair, alteration, change of occupancy, addition and relocation of existing buildings.
15.05.101.4.9.3 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose, in accordance with the laws in existence at the time of its completion, shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the International Building Code or International Residential Code, as applicable, for new construction.
15.05.101.4.9.4 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, or as deemed necessary by the code official to mitigate an unsafe building. For the purpose of this section, “unsafe building” is not to be construed as mere lack of compliance with the current code.
15.05.101.4.9.5 Safeguards during construction. Construction work covered in this code, including any related demolition, shall comply with the requirements of IEBC Chapter 15.
15.05.101.4.9.6 Correction of violations of other codes. Repairs or alterations mandated by any property, housing, or fire safety maintenance code or mandated by any licensing rule or ordinance adopted pursuant to law shall conform only to the requirements of that code, rule, or ordinance and shall not be required to conform to the IEBC unless the code requiring such repair or alteration so provides.
15.05.101.4.10 International Swimming Pool and Spa Code. The provisions of this International Swimming Pool and Spa Code (ISPSC) shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools and spas covered by this code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading. Furthermore, the design and construction of swimming pools, spas and other aquatic recreation facilities shall comply with the International Swimming Pool and Spa Code where the facility is one of the following:
1. For the sole use of residents and invited guests at a single-family dwelling;
2. For the sole use of residents and invited guests of a duplex owned by the residents; or
3. Operated exclusively for physical therapy or rehabilitation and under the supervision of a licensed medical practitioner.
All other “water recreation facilities” as defined in RCW 70.90.110 are regulated under Chapters 246-260 and 246-262 WAC.
15.05.101.4.10.1 Flotation tanks. Flotation tank systems intended for sensory deprivation therapy shall not be considered to be included in the scope of this code.
15.05.101.4.10.2 Intent. The purpose of the ISPSC is to establish minimum standards to provide a reasonable level of safety and protection of health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location and maintenance or use of pools and spas.
15.05.101.4.11 International Property Maintenance Code. The provisions of the International Property Maintenance Code (IPMC) shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
15.05.101.4.11.1 Intent. The IPMC shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.102 Applicability.
15.05.102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where differences occur between provisions of this code and the referenced standards, the provisions of the applicable Construction Codes shall apply. Where, in any specific case, different sections of the Construction Codes specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in Chapter 19.27 RCW shall govern.
15.05.102.1.1 New Installations. This code applies to new installations.
Exception: If a plumbing or mechanical permit application is received after this chapter has taken effect, but is identified with a building permit application received prior to the effective date of the ordinance codified in this chapter, all applicable Construction Codes adopted and in force at the time of a complete building permit application will apply.
15.05.102.1.2 Existing Installations. Lawfully installed existing installations that do not comply with the provisions of this chapter shall be permitted to be continued without change, except as is specifically covered in this chapter, the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard.
15.05.102.1.3 Maintenance. Buildings and structures, including their electrical, plumbing and mechanical systems, equipment, materials and appurtenances, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe, hazard-free condition. Devices or safeguards that are required by this chapter shall be maintained in compliance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of the systems and equipment. To determine compliance with this provision, the building official shall have the authority to require that the systems and equipment be reinspected.
15.05.102.1.4 Additions, Alterations, Modifications or Repairs. Additions, alterations, modifications or repairs to a building or structure or to the electrical, plumbing or mechanical system(s) of any building, structure, or premises shall conform to the requirements of the Construction Codes without requiring those portions of the existing building or system not being altered or modified to comply with all the requirements of this chapter. Installations, additions, alterations, modifications, or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the building official or designated representative.
15.05.102.1.5 Additions, alterations or repairs for IRC buildings or structures – Exceptions.
1. Additions with less than 500 square feet of conditioned floor area are exempt from the requirements for Whole House Ventilation Systems, IRC Section M1505.
2. Additions or alterations to existing buildings which do not require the construction of foundations, crawlspaces, slabs or basements shall not be required to meet the requirements for radon protection in IRC Section R332.1 and Appendix F.
15.05.102.1.6. Moved Buildings. Buildings or structures moved into or within a jurisdiction shall comply with the provisions of this code, the International Building Code (51-50 WAC), the International Mechanical Code (51-52 WAC), the International Fire Code (51-54A WAC), the Uniform Plumbing Code and Standards (51-56 WAC), and the Washington State Energy Code (51-11R WAC) for new buildings or structures.
Exceptions: Group R-3 buildings or structures are not required to comply if:
1. The original occupancy classification is not changed; and
2. The original building is not substantially remodeled or rehabilitated. For the purposes of this section a building shall be considered to be substantially remodeled when the costs of remodeling exceed 60 percent of the value of the building exclusive of the costs relating to preparation, construction, demolition or renovation of foundations.
15.05.102.2 Other laws. The provisions of this code and the Construction Codes shall not be deemed to nullify any provisions of local, State or Federal law. In addition to the requirements of this code and the Construction Codes, all occupancies shall conform to the provisions included in the state building code (chapter 19.27 RCW). In case of conflicts among codes enumerated in RCW 19.27.031 (1) through (5) and this code, an earlier named code shall govern over those following. In the case of conflict between the duct sealing and insulation requirements of the WSEC and the duct insulation requirements of IMC Sections 603 and 604, the duct insulation requirements of the WSEC shall govern.
15.05.102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code or the Construction Codes.
15.05.102.4 Referenced codes and standards. The codes and standards referenced in this code, the Construction Codes shall be considered part of the requirements of this code and the Construction Codes to the prescribed extent of each such reference and is further regulated in NMC Sections 15.05.102.4.1, 15.05.102.4.2 and 15.05.102.4.3.
Exception:
Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall govern.
15.05.102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of Construction Codes shall apply.
15.05.102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of the Construction Codes listed in NMC Section 15.05.101.2, the provisions of the Construction Codes listed in NMC Section 15.05.101.2, as applicable, shall take precedence over the provisions in the referenced code or standard.
15.05.102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
15.05.102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically provided in this code, the International Existing Building Code, the International Property Maintenance Code, or the International Fire Code.
15.05.102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose, in accordance with the laws in existence at the time of its completion, shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the International Building Code or International Residential Code, as applicable, for new construction.
15.05.102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically covered in this code, the International Fire Code, International Property Maintenance Code, or as is deemed necessary by the building official or fire marshal to mitigate an unsafe building. For the purpose of this section, “unsafe building” is not to be construed as mere lack of compliance with the current code.
15.05.102.6.3 Maintenance. Equipment, systems, devices and safeguards required by this code, the Construction Codes or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. An owner, owner’s authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises.
15.05.102.6.4 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Construction Codes. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Land Use Code.
15.05.102.6.5 Existing remedies. The provisions in the Construction Codes shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary.
15.05.102.6.6 Workmanship. Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions.
15.05.102.6.7 Historic buildings. The provisions of the Construction Codes shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the building official to be safe and in the public interest of health, safety and welfare. Fire protection in designated historic buildings shall be provided with an approved fire protection plan as required in IFC Section 1103.1.1.
15.05.102.6.8 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code or the Construction Codes, shall be determined by the building official.
15.05.102.6.9 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code or the Construction Codes.
15.05.102.7 Preliminary meeting. When requested by the permit applicant or the building official, the building official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work or change of occupancy in order to establish the specific applicability of the provisions of this code. Fees may be assessed for such preliminary meetings and project review.
15.05.102.8 Building evaluation. The building official is authorized to require an existing building to be investigated and evaluated by a registered design professional based on the circumstances agreed upon at the preliminary meeting. The design professional shall notify the building official if potential nonconformance with the provisions of this code is identified.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.103 Enforcement authority.
15.05.103.1 Creation of enforcement agency. The Building Division is hereby created within Community Development Department and is referred to as the Building Department and the official in charge of the Building Department thereof shall be known as the building official. The Building Department is responsible for enforcement of the Construction Codes.
15.05.103.2 Building official. The building official is responsible for administration and interpretation of the Construction Administrative Code and the Construction Codes.
15.05.103.3 Deputies. In accordance with the prescribed procedures of the City, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners, code enforcement officers and other employees or consultants. Such deputies shall have powers as delegated by the building official.
15.05.103.4 References. Whenever the term or title “administrative authority,” responsible official,” “building official,” “chief inspector,” “code enforcement officer,” “code official,” or similar designation is used in this code or the Construction Codes, it shall be construed to mean the building official.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.104 Duties and powers of the building official.
15.05.104.1 General. The building official is hereby authorized and directed to administer, interpret and enforce the provisions of this code and the Construction Codes. The building official shall have the authority to render interpretations of this code and the Construction Codes and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code and the Construction Codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code and the Construction Codes.
15.05.104.1.1 Liability. Legal representation of city officials and employees shall be per NMC Chapter 2.45.
15.05.104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition and moving of buildings, structures and building service equipment, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code and the Construction Codes.
15.05.104.2.1 Fire permits. The fire code official for the City of Bellevue is authorized to receive applications, review construction documents and issue permits for construction regulated by the IFC, issue permits for operations regulated by the IFC, inspect the premises for which such permits have been issued and enforce compliance with the provisions of the IFC.
15.05.104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code and the Construction Codes.
15.05.104.3.1 Tagging of buildings. Following a City of Newcastle issued formal declaration of emergency, the building official shall be authorized to evaluate and provide building safety evaluations. Evaluations shall generally follow standards from the Applied Technology Council ATC 20, ATC 20-1, or ATC 45 manuals. The procedure shall allow for the tagging of buildings as “Inspected,” “Limited Entry” or “Unsafe” along with associated penalties per NMC Section 15.05.114.4 of this code for removal of building tags. Notice of orders pertaining to dangerous buildings and appeal procedures established under adopted Construction Codes shall not apply under official declarations of emergency due to natural disasters.
15.05.104.4 Inspections. The building official shall make the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise at the applicant’s expense.
15.05.104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code and the Construction Codes.
15.05.104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code or the Construction Codes, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code or the Construction Codes which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such structure or premises be occupied, credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
15.05.104.6.1 Inspection warrant. Where the building official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent or occupant or person having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to the applicable Construction Code.
15.05.104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
15.05.104.8 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
15.05.104.9 Used materials and equipment. Materials that are reused shall comply with the requirements of this code for new materials. Used equipment and devices shall not be reused unless approved by the building official.
15.05.104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code or the Construction Codes, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s authorized agent, provided the building official shall first find that special individual reason makes the strict letter of this code or the Construction Codes impractical and the modification is in compliance with the intent and purpose of this code and the Construction Codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Department. The building official is authorized to charge an additional fee to evaluate any proposed modification under the provisions of this section.
15.05.104.10.1 Flood hazard areas. The building official shall not grant modifications to any provisions required in flood hazard areas as established by IRC Table R301.2(1) unless a determination has been made that:
1. There is good and sufficient cause showing that the unique characteristics of the size, configuration or topography of the site render the elevation standards of IRC Section R322 inappropriate.
2. Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.
3. The granting of modification will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
4. The modification is the minimum necessary to afford relief, considering the flood hazard.
5. Written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and stating that construction below the design flood elevation increases risks to life and property, has been submitted to the applicant.
15.05.104.11 Alternative materials, design and methods of construction and equipment. The provisions of the Construction Codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the Construction Codes; provided, that any such alternative has been approved by the building official. The building official shall have the authority to approve an alternative material, design or method of construction upon application of the owner or the owner’s authorized agent. The building official shall first find that the proposed design is satisfactory and complies with the intent of the provisions of the Construction Codes, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with the specific performance-based provisions of the Construction Codes shall be an alternative to the specific requirements of the Construction Codes. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. The building official is authorized to charge an additional fee to evaluate any proposed alternate material, design and/or method of construction and equipment under the provisions of this section.
15.05.104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code or the Construction Codes, shall consist of valid research reports from approved sources.
15.05.104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code or the Construction Codes, or evidence that a material or method does not conform to the requirements of this code or the Construction Codes, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the City. Test methods shall be as specified in this code or the Construction Codes or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.105 Permits.
15.05.105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
15.05.105.1.1 Fire department review. Where review is required by the City of Bellevue Fire Department, applications for permits shall be made to the City of Newcastle in such form and detail as required by the City of Bellevue Fire Department. Applications for permits shall be accompanied by such plans as required by the City of Bellevue Fire Department. All applications necessitating fire department review shall be required to be approved by the City of Bellevue Fire Department prior to approval from the City of Newcastle.
15.05.105.1.1.1 Annual permit. Instead of an individual permit for each alteration to an already approved gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified trade persons in the building, structure or on the premises owned or operated by the applicant for the permit.
15.05.105.1.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.
15.05.105.1.2 Sales offices as a temporary use. Use of a structure of an intended use or occupancy of other than a sales office, for temporary use as a sales office, is required to be permitted by making application to the building official and obtaining the required permit. Such temporary use shall be considered a separate permit regulated under this code with a separate expiration under the provisions of Section 15.05.105.5.
15.05.105.1.3 Fire permits regulated by the IFC. Fire permits shall be regulated under the purview of the City of Bellevue Fire Department in accordance with administrative provisions in effect in the City of Bellevue in accordance with the requirements for permits in IFC Section 105 as adopted and amended in NMC Section 15.40.010.
15.05.105.2 Work exempt from permit. Exemptions from permit requirements of this code or the Construction Codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code, the Construction Codes or any other laws or ordinances of the City. Permit exemptions shall not apply to areas of flood hazard and critical areas as defined in the NMC Title 18 unless the work is entirely within or on the exterior envelope of a legally established existing building. Permits shall not be required for the following:
Building:
1. One-story detached structures accessory to residential buildings constructed under the provisions of the IRC used as tool and storage sheds, tree-supported play structures, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2) and the structure is located in accordance with all land use regulations.
2. Fences not over 6 feet (1,829 mm) high, where such fences are located in accordance with all land use regulations and street standards.
3. Oil derricks.
4. Retaining walls which are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1.
6. Sidewalks and driveways constructed under the provisions of the IRC which are not more than 30 inches (762 mm) above grade and not over any basement or story below and that are not a part of an accessible route.
7. Decks, associated platforms and steps accessory to buildings, which are not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below, and are not part of an accessible route or means of egress.
8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work; provided, that existing accessible features are not altered.
9. In-kind re-roofing of one- and two-family dwellings; provided, that the roof sheathing is not removed or replaced.
10. In-kind (same size) window replacement in IRC structures where no alteration of structural members is required, safety glazing is provided where required, window fall protection is provided where required, emergency egress requirements are provided and where they meet prescriptive U-factor requirements of the Washington State Energy Code.
11. Replacement of nonstructural siding on IRC structures. This exemption shall not apply to veneer, stucco or exterior finish and insulation systems (EFIS). This exemption shall not apply to structures regulated under RCW 64.55.
12. Temporary motion picture, television and theater stage sets and scenery.
13. Prefabricated swimming pools accessory to a one- and two-family dwelling or a Group R-3 occupancy which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.
14. Shade cloth structures constructed for garden, nursery or agricultural purposes and not including service systems.
15. Swings, slides and other similar playground equipment accessory to detached one- and two-family dwellings.
16. Window awnings supported by an exterior wall of one- and two-family dwellings or Group R-3 and Group U occupancies which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
17. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height.
18. Satellite earth station antennas 6-1/2 feet (2 m) or less in diameter or diagonal in zones other than residential zones.
19. Satellite earth station antennas 3-1/4 feet (1 m) or less in diameter in residential zones.
20. Video programming service antennas 3-1/4 feet (1 m) or less in diameter or diagonal dimension, regardless of zone.
21. Job shacks that are placed at the job site during construction, for which a permit has been issued or applied, may be allowed on a temporary basis and shall be removed upon final approval of construction. A job shack is a portable or temporary structure for which the primary purpose is to house equipment and supplies, and which may serve as a temporary office during construction activity. Sales offices are not considered construction related.
22. Work primarily within the public right-of-way.
23. Towers and poles owned by public utilities, including associated public and private equipment attached to such towers and poles. Note: Communication towers owned by private companies, and any equipment associated with such towers, are not exempt.
24. Hydraulic flood control structures.
25. Decking replacement on decks without changing or adding any other structural members or removing guardrails.
26. Photovoltaic (PV) panels meeting all of the following criteria:
a. PV system is designed and proposed for a detached one- or two-family dwelling or townhouse not more than three stories above grade or detached accessory structure.
b. PV system is being installed by a licensed contractor.
c. Mounting system is engineered and designed for PV.
d. Rooftop is made from lightweight material such as a single layer of composition shingles, metal roofing, or cedar shingles.
e. Panels are mounted no higher than 18 inches above the surface of the roofing to which they are affixed. Except for flat roofs, no portion of the system may exceed the highest point of the roof (or ridge).
f. Total dead load of panels, supports, mountings, raceways, and all other appurtenances weigh no more than 4.0 pounds per square foot.
g. Supports for solar panels are installed to spread the dead load across as many roof-framing members as needed to ensure that at no point loads in excess of 50 pounds are created.
h. The installation will comply with the manufacturer’s instructions.
i. Roof and wall penetrations will be flashed and sealed to prevent entry of water, rodents, and insects.
j. Home is code compliant to setbacks and height, or code allows expansion of nonconformity for solar panels.
k. System complies with International Residential Code Section R324 for solar energy systems.
l. Roof-mounted collectors and supporting structure are constructed of noncombustible materials or fire-retardant-treated wood equivalent to that required for the roof construction.
m. The PV system has an approved and issued electrical permit.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating, cooking, or clothes-drying appliances.
2. Portable ventilation appliances and equipment.
3. Portable cooling units.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any minor part which does not alter its approval of the equipment or an appliance or make it unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant, or that are actuated by motors of 1 horsepower (746 W) or less.
8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Plumbing:
1. The stopping and/or repairing of leaks in drains, water, soil, waste or vent pipes; provided, however, that should any trap, drain pipe, water, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require replacement or rearrangement of valves, pipes or fixtures.
3. Reinstallation or replacement of approved prefabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes.
15.05.105.2.1 Emergency repairs. Where equipment replacements and equipment repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.
15.05.105.2.2 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies established by right.
15.05.105.3 Application for permit. To obtain a permit, the applicant shall first file a complete application as defined by the City therefor in writing on a form furnished by the Building Department for that purpose. 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 definitely locate the proposed building or work.
3. For building projects valued at over $5,000, either:
a. The property owner’s name, address, and phone number.
b. The prime contractor’s business name, address, phone number, current state contractor registration number; and either:
I. The name, address and phone number of the office of the lender administering the interim construction financing, if any; or
II. The name, address and phone number of the office of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project; provided,
III. If any of the information in subsection I or II above is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting per Section 105.3. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information.
4. Indicate the use and occupancy for which the proposed work is intended.
5. Be accompanied by complete construction documents and other information as required in NMC Section 15.05.107 and be deemed complete by the building official.
6. State the valuation of the proposed work.
7. Be signed by the applicant, or the applicant’s authorized agent.
8. Give such other data and information as required by the building official.
15.05.105.3.1 Verification of contractor registration. Prior to issuance of a permit for work which is to be done by a contractor required to be registered pursuant to RCW 18.27, the applicant shall provide the City with the contractor’s registration number and Newcastle business license number and any other information determined necessary by the City to allow verification that such contractor is currently registered as required by law.
15.05.105.3.2 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents or other submittal information does not conform to the requirements of pertinent laws, the building official may reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
15.05.105.3.3 Time limitation of application.
1. Applications for which no permit is issued within 18 months following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with State law by the building official.
2. Applications may be canceled by written notification to the applicant prior to the 18-month expiration by limitation as noted above for inactivity. Examples of inactivity include the applicant’s failure to appropriately respond within 90 days to the Building Department’s written request to submit revisions, corrections, actions and/or additional information. The building official may extend the response period beyond 90 days if within the original 90-day time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the Building Department.
3. The building official may extend the life of an application if any of the following conditions exist:
a. Compliance with the State Environmental Policy Act is in progress; or
b. Any other City review is in progress; provided, the applicant has submitted a complete response to City requests or the building official determines that unique or unusual circumstances exist that warrant additional time for such response, and the building official determines that the review is proceeding in a timely manner toward final City decision; or
c. Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.
15.05.105.3.4 Permits ready to issue. When a permit is ready to be issued, the applicant shall be notified and must pick up the permit and pay any remaining fees owed within 30 days of notification. If the permit is not picked up, it may be canceled by the building official and become null and void. If the permit is canceled, the building official shall notify the applicant in writing.
15.05.105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code, the Construction Codes, or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of the Construction Codes, the Construction Administrative Code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure when in violation of the Construction Codes, the Construction Administrative Code or of any other ordinances of the City.
15.05.105.5 Expiration.
1. Every permit issued shall expire 2 years from the date of issuance. The building official may approve a request for an extended expiration date where construction work is performed in phases extending beyond a 2-year period due to the unique size and scope of project work and a construction schedule is provided by the applicant and approved prior to permit issuance.
2. Every permit, for which work has already started, which has expired but has not exceeded 180 days past the original expiration date may be renewed for a period of 1 year past the original expiration date for an additional fee as long as no changes have been made to the originally approved plans. For permits that have been expired for longer than 180 days, a new permit must be obtained and new fees paid based on the valuation of remaining work. No permit shall be renewed more than once.
3. Mechanical and plumbing permits shall expire at the same time as the associated building permit, except that if no associated building permit is issued, the mechanical and/or plumbing permit shall expire 1 year from the date of issuance.
4. If a permit expired without final inspection and no further work was performed during the expiration period, the building official may authorize a 30-day extension to an expired permit for the purpose of performing a final inspection and closing out the permit as long as not more than 180 days have passed since the permit expired. The 30-day extension would commence on the date of written approval. If the work required under a final inspection is not completed within the 30-day extension period, the permit shall expire. However, the building official may authorize an additional 30-day extension if conditions outside of the contractor’s control exist and the contractor is making good effort to complete the permitted work.
5. During or after a declared emergency covered under chapter 38.52 RCW, the building official may authorize one 6-month extension to an unexpired permit if the building official finds that the state of emergency resulted in a stoppage of work or substantial construction delays.
15.05.105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.
15.05.105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. Approved plans and manufacturer’s installation instructions, as required by the Construction Codes, shall be available on the job site at the time of inspection.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.106 Floor and roof design loads.
15.05.106.1 Live loads posted. In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40kN/m2), such design live loads shall be conspicuously posted by the owner or the owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
15.05.106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs required by NMC Section 15.05.106.1 have been installed.
15.05.106.3 Restrictions on loading. It shall be unlawful to place, cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.107 Submittal documents.
15.05.107.1 Submittal documents. Submittal documents consisting of construction documents, statement of special inspections, geotechnical reports and other data shall be submitted with each permit application. The construction documents shall be prepared by a registered design professional where required by the State of Washington. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
15.05.107.2 Construction documents. Construction documents shall be in accordance with NMC Sections 15.05.107.2.1 through 15.05.107.2.12.
15.05.107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed in the proper orientation and layout as it is to be constructed and show in detail that it will conform to the provisions of this code, the Construction Codes, and relevant laws, ordinances, rules and regulations, as determined by the building official. The plans must include the relevant items listed in this section and any other information or documents as deemed necessary by the building official.
15.05.107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the IBC. Shop drawings shall be prepared by a certified individual as required by the State of Washington.
15.05.107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of the Construction Codes. In other than one- and two-family dwellings and their accessory structures, the construction documents shall designate the number of occupants to be accommodated on every floor and in all rooms and spaces.
15.05.107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.
Exception: Subject to the approval of the building official, R-3, one- and two-family dwellings, and U occupancies may be exempt from the detailing requirements of this section.
15.05.107.2.4.1 Building enclosure design requirements of multiunit residential buildings or rehabilitative construction subject to the regulations of RCW 64.55. The following submission of design documents is required:
1. Any person applying for a building permit for construction of a multiunit residential building or rehabilitative construction shall submit building enclosure design documents to the building official prior to the start of construction or rehabilitative construction of the building enclosure. If construction work on a building enclosure is not rehabilitative construction because the cost thereof is not more than five percent of the assessed value of the building, then the person applying for a building permit shall submit to the building official a letter so certifying. Any changes to the building enclosure design documents that alter the manner in which the building or its components is waterproofed, weatherproofed, and otherwise protected from water or moisture intrusion shall be stamped by the architect or engineer and shall be provided to the building official and to the person conducting the course of construction inspection in a timely manner to permit such person to inspect for compliance therewith, and may be provided through individual updates, cumulative updates, or as-built updates.
2. The building official shall not issue a building permit for construction of the building enclosure of a multiunit residential building or for rehabilitative construction unless the building enclosure design documents contain a stamped statement by the person stamping the building enclosure design documents in substantially the following form: “The undersigned has provided building enclosure documents that in my professional judgment are appropriate to satisfy the requirements of RCW 64.55.005 through 64.55.090.”
3. The building official is not charged with determining whether the building enclosure design documents are adequate or appropriate to satisfy the requirements of RCW 64.55.005 through 64.55.090. Nothing in RCW 64.55.005 through RCW 64.55.090 requires a building official to review, approve, or disapprove enclosure design documents.
15.05.107.2.5 Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer’s installation instructions.
15.05.107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. A topographic survey may additionally be required as determined by the building official. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.
15.05.107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with IBC Section 1612.3.1.
15.05.107.2.7 Structural information. The construction documents shall provide the information specified in IBC Section 1603.
15.05.107.2.8 Relocatable buildings. Construction documents for relocatable buildings shall comply with Section IBC Section 3113.
15.05.107.2.9 Energy codes. Information and details shall be provided to demonstrate compliance with the energy codes.
15.05.107.2.9.1 Commercial provisions. Details showing compliance with the WSEC – Commercial Provisions shall include, but are not limited to, the following as applicable:
1. Insulation materials and their R-values.
2. Fenestration U-factors and SHGCs.
3. Area-weighted U-factor and SHGC calculations.
4. Mechanical system design criteria.
5. Mechanical and service water heating system and equipment types, sizes and efficiencies.
6. Economizer description.
7. Equipment and systems controls.
8. Fan motor horsepower (hp) and controls.
9. Duct sealing, duct and pipe insulation and location.
10. Lighting fixture schedule with wattage and control narrative.
11. Location of daylight zones on floor plan.
12. Air barrier details including all air barrier boundaries and associated square foot calculations on all six sides of the air barrier as applicable.
15.05.107.2.9.2 Residential provisions. Details showing compliance with the WSEC – Residential Provisions shall include, but are not limited to, the following as applicable:
1. Insulation materials and their R-values.
2. Fenestration U-factors and SHGCs.
3. Area-weighted U-factor and SHGC calculations.
4. Mechanical system design criteria.
5. Mechanical and service water heating system and equipment types, sizes and efficiencies.
6. Equipment and systems controls.
7. Duct sealing, duct and pipe insulation and location.
8. Air sealing details.
15.05.107.2.9.3 Building thermal envelope depiction. The building’s thermal envelope shall be represented on the construction documents.
15.05.107.2.10 Plumbing. Plans must be submitted for review and approval whenever the scope of the work is too complex for inspection alone as determined by the building official. The building official is authorized to establish policies for when drawings are required to be submitted for review and where preparation by a registered design professional is appropriate.
15.05.107.2.11 Mechanical. Plans must be submitted for review and approval whenever the scope of the work is too complex for inspection alone as determined by the building official. The building official is authorized to establish policies for when drawings are required to be submitted for review and where preparation by a registered design professional is appropriate.
15.05.107.2.12 Electrical. Plans must be submitted for review and approval when determined by the building official to show compliance with the Construction Codes. The building official is authorized to establish policies for when drawings are required to be submitted for review and where preparation by a registered design professional is appropriate.
15.05.107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code, the Construction Codes, and other pertinent laws or ordinances.
15.05.107.3.1 Use of consultants. Whenever review of a building permit application requires retention by the City for professional consulting services, the applicant shall reimburse the City the full cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The City may require the applicant to deposit an amount with the City estimated in the discretion of the building official to be sufficient to cover anticipated costs of retaining professional consultant services and to ensure reimbursement for such costs.
15.05.107.3.2 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp. One set of construction documents so reviewed shall be retained by the building official either as a paper or electronic set. Another set shall be returned to the applicant, either as a paper or electronic set, and shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
15.05.107.3.3 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
15.05.107.3.4 Phased approval. The building official is authorized to consider phased approval if the following have been met:
1. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided a fully complete permit application for the entire building or structure has been submitted for review.
2. Phased approval means permits for shoring, piles, foundations or other parts of a building or structure that may be issued separately, provided concurrent approval is granted by the Director and Fire Marshal, when applicable, and adequate information and detailed statements have been filed complying with pertinent requirements of the Construction Codes and the Construction Administrative Code.
3. The owner or owner’s authorized agent in possession of such permit for the phased approval shall proceed at the owner or owner’s authorized agent’s own risk and without assurance that a permit for the entire structure will be granted.
4. The building official may require the posting of a bond in the amount necessary to restore the property back to its original condition that existed prior to construction.
15.05.107.3.5 Design professional in responsible charge. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner’s authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by IBC Section 1704.6, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.
15.05.107.3.5.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. The building official is authorized to charge an additional plan review fee to evaluate deferred submittals under the provisions of this section.
15.05.107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. The building official may authorize minor field changes subject to the approval of the field inspector. The building official is authorized to charge an additional plan review fee to evaluate revisions to the approved construction documents.
15.05.107.5 Retention of construction documents. One set of approved construction documents, either as a paper or electronic set, shall be retained by the building official for a period of not less than 180 days from the date of completion of the permitted work, or as required by State or local laws.
15.05.107.6 Building documentation and close out submittal requirements for WSEC commercial compliance. The construction documents shall specify that the documents described in this section be provided to the building owner or owner’s authorized agent within a maximum of 90 days of the date of receipt of the certificate of occupancy.
15.05.107.6.1 Record documents. Construction documents shall be updated by the installing contractor and architect or engineer of record to convey a record of the completed work. Such updates shall include building envelope, mechanical, plumbing, electrical and control drawings red-lined, or redrawn if specified, that show all changes to size, type and locations of components, equipment and assemblies. Record documents shall include the location and model number of each piece of equipment as installed. The architect, engineer of record or installing contractor is required to provide consolidated record drawings in compliance with this section to the building owner or owner’s authorized agent with the timeline specified in Section 15.05.107.6.
15.05.107.6.2 Building operations and maintenance information. Required regular maintenance actions for equipment and systems shall be clearly stated on a readily visible label on the equipment. The label shall include the title or publication number for the operation and maintenance manual for that particular model and type of product and the manufacture date or installation date.
15.05.107.6.2.1 Manuals. An operating and maintenance manual shall be provided for each component, device, piece of equipment, and system governed by this code. The manual shall include all of the following:
1. Submittal data indicating all selected options for each piece of equipment and control device.
2. Manufacturer’s operation manuals and maintenance manuals for each device, piece of equipment, and system requiring maintenance, except equipment not furnished as part of the project. Required routine maintenance actions, cleaning and recommended relamping shall be clearly identified.
3. Name and address of at least one service agency.
4. Controls system inspection schedule, maintenance and calibration information, wiring diagrams, schematics, and control sequence descriptions. A schedule for inspecting and recalibrating all lighting controls. Desired or field-determined set points shall be PERMANENTLY recorded on control drawings at control devices or, for digital control systems, on the graphic where settings may be changed.
5. A narrative of how each system is intended to operate, including recommended set points. Sequence of operation alone is not acceptable for this requirement.
15.05.107.6.3 Compliance documentation. All energy code compliance forms and calculations shall be delivered in one document to the building owner as part of the project record documents or manuals, or as a standalone document. This document shall include the specific energy code year utilized for compliance determination for each system, NFRC certificates for the installed windows, list of total area for each NFRC certificate, the interior lighting power compliance path (building area, space-by-space) used to calculate the lighting power allowance.
For projects complying with WSEC Section C401.2 item 1, the documentation shall include:
1. The envelope insulation compliance path (prescriptive or component performance).
2. All completed code compliance forms, and all compliance calculations including, but not limited to, those required by WSEC Sections C402.1.5, C403.2.12.1, C405.4, and C405.5.
For projects complying with WSEC Section C401.2 item 2, the documentation shall include:
1. A list of all proposed envelope component types, areas and U-values.
2. A list of all lighting area types with areas, lighting power allowance, and installed lighting power density.
3. A list of each HVAC system modeled with the assigned and proposed system type.
4. Electronic copies of the baseline and proposed model input and output file. The input files shall be in a format suitable for rerunning the model and shall not consist solely of formatted reports of the inputs.
15.05.107.6.4 Systems operation training. Training of the maintenance staff for equipment included in the manuals required by NMC Section 15.05.107.6.2 shall include at a minimum:
1. Review of manuals and permanent certificate.
2. Hands-on demonstration of all normal maintenance procedures, normal operating modes, and all emergency shutdown and start-up procedures.
3. Training completion report.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.108 Temporary structures and uses.
15.05.108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.
Exceptions:
1. The building official may authorize unheated tents and yurts under 500 square feet accommodating an R-1 occupancy for recreational use as a temporary structure and allow them to be used indefinitely.
2. The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. “Temporary growing structure” means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention. A temporary growing structure is not considered a building for purposes of this code.
3. The provisions of this code do not apply to the construction, alteration, or repair of temporary worker housing except as provided by rule adopted under Chapter 70.114A RCW or Chapter 37, Laws of 1998 (SB 6168). “Temporary worker housing” means a place, area or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy, and includes “labor camps” under RCW 70.54.110.
15.05.108.2 Conformance. Temporary structures and uses shall conform to the requirements in IBC Section 3103.
15.05.108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.
15.05.108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.109 Fees.
15.05.109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
15.05.109.2 Schedule of permit fees. For buildings, structures, gas, mechanical and plumbing systems, or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the City of Newcastle. The building official is authorized to establish fees for any permit activity not specifically set forth herein.
15.05.109.2.1 Building Permit Fees. Building Permit Fees shall be determined based on the following table using the valuation as determined per NMC Section 15.05.109.4. Additional Fees for Inspections, Plan Review, and Other Related Services shall be applied as determined in NMC Table 15.05.109.2.4:
|
Total Valuation |
Fee |
|---|---|
|
$1.00 to $500.00 |
$50.00 |
|
$501.00 to $2,000.00 |
$50.00 for the first $500.00 plus $5.00 for each additional $100.00, or fraction thereof |
|
$2,001.00 to $25,000.00 |
$125.00 for the first $2,000.00 plus $30.00 for each additional $1,000.00, or fraction thereof |
|
$25,001.00 to $50,000.00 |
$815.00 for the first $25,000.00 plus $20.00 for each additional $1,000.00, or fraction thereof |
|
$50,001.00 to $100,000.00 |
$1,315.00 for the first $50,000.00 plus $11.00 for each additional $1,000.00, or fraction thereof |
|
$100,001.00 to $500,000.00 |
$1,865.00 for the first $100,000.00 plus $9.00 for each additional $1,000.00, or fraction thereof |
|
$500,001.00 to $1,000,000.00 |
$5,465.00 for the first $500,000.00 plus $8.00 for each additional $1,000.00, or fraction thereof |
|
$1,000,001 and up |
$9,465.00 for the first $1,000,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof |
15.05.109.2.2 Plumbing Permit Fees. Plumbing Permit Fees for One- and Two-Family Dwellings and Townhouses shall be determined by NMC Table 15.05.109.2.2(1). Plumbing Permit Fees for Commercial and Multifamily shall be determined by NMC Table 15.05.109.2.2(2). Additional Fees for Inspections, Plan Review, and Other Related Services shall be applied as determined by NMC Table 15.05.109.2.4.
|
1. Plumbing Permit Fee for new construction |
An amount equal to 12% of the determined building permit fee |
|
2. Plumbing Permit Fee for remodels, additions, and conditions other than new construction |
• Each new or moved plumbing fixture $25.00 |
|
• Re-piping domestic water lines within existing structures $25.00 per dwelling unit |
|
|
• Gas piping only $50.00 (no fixture installation) |
|
|
• Minimum fee $80.00 |
|
|
• Maximum fee $300.00 |
|
|
3. Like for like water heater only replacement** |
$80 |
*An additional separate technology fee applies.
**A permit for a water heater replacement may be included in either a plumbing or mechanical permit. Where combined with other work, a water heater replacement shall be considered an additional fixture. A permit for an electric water heater replacement only shall be issued under a plumbing permit.
|
1. Plumbing Permit Fee** |
Based on valuation as follows: |
|
|
Up to $1,000 |
$80.00 |
|
|
$1,001 to $100,000 |
$80.00 for the first $1,000 plus $7.00 for each additional $1,000 or fraction thereof to and including $100,000 |
|
|
$100,001 and above |
$773 for the first $1,000 plus $6.50 for each additional $1,000 or fraction thereof |
|
|
2. Plumbing Plan Review Fee |
An amount equal to 65% of the determined Plumbing Permit Fee |
|
|
3. Additional plan review required by changes, additions, revisions to plans, deferred submittals, or for more than two plan reviews |
Plan review hourly rate*** or cost (whichever is greater) |
|
|
4. Additional Hourly Plan Review Fee by consultant under NMC Section 15.05.107.3.1 for additional plan review required by changes, additions, revisions to plans, deferred submittals, or for more than two plan review cycles |
Hourly fees charged by the consultant pursuant to consultant’s fee schedule |
|
*An additional separate technology fee applies.
**Valuation of plumbing work for determining the plumbing permit fee shall be based on the plumbing work but this amount shall not be deducted from the overall building permit valuation.
***Plan review hourly rate established by Resolution.
15.05.109.2.3 Mechanical Permit Fees. Mechanical Permit Fees for One- and Two-Family Dwellings and Townhouses shall be determined by NMC Table 15.05.109.2.3(1). Mechanical Permit Fees for Commercial and Multifamily shall be determined by NMC Table 15.05.109.2.3(2). Additional Fees for Inspections, Plan Review, and Other Related Services shall be applied as determined by NMC Table 15.05.109.2.4.
|
1. Mechanical Permit Fee for new construction |
An amount equal to 12% of the determined building permit fee |
|
2. Mechanical Permit Fee for remodels, additions, and conditions other than new construction |
• Each new appliance $50.00 |
|
• New duct system only $50.00 |
|
|
• Gas piping only $50.00 (no fixture installation) |
|
|
• Minimum fee $80.00** |
|
|
• Maximum fee $300.00** |
|
|
3. Like for like water heater*** or furnace only replacement |
$80 |
*An additional separate technology fee applies.
**Includes gas piping.
***A permit for a water heater replacement may be included in either a plumbing or mechanical permit. Where combined with other work, a water heater replacement shall be considered an additional fixture. A permit for a gas water heater replacement only shall be issued under a mechanical permit.
|
1. Mechanical Permit Fee** |
Based on valuation as follows: |
|
|
Up to $1,000 |
$80.00 |
|
|
$1,001 to $100,000 |
$80.00 for the first $1,000 plus $17.25 for each additional $1,000 or fraction thereof to and including $100,000 |
|
|
$100,001 and above |
$1,787.75 for the first $1,000 plus $15.25 for each additional $1,000 or fraction thereof |
|
|
2. Mechanical Plan Review Fee |
An amount equal to 65% of the determined Mechanical Permit Fee |
|
|
3. Additional plan review required by changes, additions, revisions to plans, deferred submittals, or for more than two plan reviews |
Plan review hourly rate*** or cost (whichever is greater) |
|
|
4. Additional Hourly Plan Review Fee by consultant under NMC Section 15.05.107.3.1 for additional plan review required by changes, additions, revisions to plans, deferred submittals, or for more than two plan review cycles |
Hourly fees charged by the consultant pursuant to consultant’s fee schedule |
|
*An additional separate technology fee applies.
**Valuation of mechanical work for determining the mechanical permit fee shall be based on the mechanical work but this amount shall not be deducted from the overall building permit valuation.
***Plan review hourly rate established by Resolution.
15.05.109.2.4 Additional Fees for Inspections, Plan Review, and Other Related Services. In addition to the fees noted in NMC Sections 15.05.109.2.1, 15.05.109.2.2 and 15.05.109.2.3, the following additional fees shall apply:
|
1. Inspections outside of normal business hours (minimum charge 2 hours) |
Inspection hourly rate or cost (whichever is greater) |
|
2. Reinspection fees assessed under NMC Section 15.05.110.4.12 |
Inspection hourly rate or cost (whichever is greater) |
|
3. Special investigation fee assessed under NMC Section 15.05.109.5 or 15.05.115.3 |
An amount equal to the building, mechanical, or plumbing permit fee |
|
4. Inspections for which no fee is specifically indicated (minimum charge is 1/2 hour) |
Inspection hourly rate or cost (whichever is greater) |
|
5. Building Plan Review Fee |
An amount equal to 65% of the determined Building Permit Fee established in Table A |
|
6. Additional plan review required by changes, additions, revisions to plans, or for more than two plan review cycles |
Plan review hourly rate or cost (whichever is greater) |
|
7. Plan review required for deferred submittals or revisions after permit issuance under NMC Sections 15.05.107.3.5.1 and 15.05.107.4 |
Plan review hourly rate or cost (whichever is greater) |
|
8. Fee evaluating modifications under NMC Section 15.05.104.10 |
Plan review hourly rate or cost (whichever is greater) |
|
9. Fee evaluating alternate materials, design and methods of construction and equipment under NMC Section 15.05.104.11 |
Plan review hourly rate or cost (whichever is greater) |
|
10. Preliminary project review and meetings under NMC Section 15.05.102.7 |
Plan review hourly rate or cost (whichever is greater) |
|
11. Outside consultants or professional consulting services under NMC Section 15.05.107.3.1 |
An amount equal to the consultant charge for services |
|
12. Permit renewal fee for permits that have expired less than 180 days from the expiration date under NMC Section 15.05.105.5, Item 2 |
An amount equal to 1/2 of the original permit fee |
|
13. Adult family home permit fee (minimum charge 2 hours) |
Based on valuation where a permit is required for a remodel; otherwise, plan review or inspection hourly rate, as applicable, or cost (whichever is greater) |
|
14. Fee for recording expired permits |
An amount equal to the recording fee charge |
|
15. State Surcharge – Residential only building permits |
$6.50 plus an additional surcharge of $2.00 for each residential unit after the first unit. |
|
16. State Surcharge – All other building permits |
$25.00 plus an additional surcharge of $2.00 for each residential unit after the first unit. |
Note: Where “or cost” is noted above, the fee shall be the actual cost incurred (such as applicable by consultant contract) plus 10% for administrative overhead.
*Inspection and plan review hourly rates established by Resolution.
15.05.109.3 Plan review fees. When submittal documents are required by NMC Section 15.05.107 and/or the use of consultants under NMC Section 15.05.107.3.1 of this code, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official may have the option to charge a deposit, in lieu of the full plan review fee, if the full amount is not known at the time. The permit application will not be considered valid until the plan review fee, or deposit, is paid. Plan review fees or deposits for projects that are applied for or submitted electronically online must be paid within 3 days, or the application may be voided. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in NMC Section 15.05.107.3.5.1, an additional plan review fee may be charged.
15.05.109.4 Building permit valuations. The applicant for a permit shall provide an estimated permit value at the time of application. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The Building Valuation Data published by the International Code Council in effect as of February of each year shall be used to determine building valuations for the various building types and occupancies noted in the Square Foot Construction Costs table and shall be effective in the City the following March 31st. Regional modifiers shall not be applicable. The valuation for exterior decks, platforms, stairs and porches shall be determined using the valuation in the Square Foot Construction Costs table for Unfinished Basements for Group R-3 Occupancies in the Building Valuation Data where the provisions of the IRC apply to the permit. The valuation for exterior decks, platforms, stairs and porches not related to Group R-3 Occupancies regulated under the IRC shall be determined using half the valuation in the Square Foot Construction Costs table for the adjacent occupancy in the Building Valuation Data.
When a specific building type or occupancy is not noted in the valuation table, the building official is authorized to use any of the classification types noted in the table that most closely resembles the proposed type of building or determine a valuation type independently. For tenant improvements, remodels, modifications, or similar work, the valuation shall be based on the scope of work and shall be in addition to new construction applicable to a permit. The valuation shall include the cost of all building, mechanical, plumbing, and electrical work. The building official may require a contractor’s bid to justify any submitted valuations. Final determinations shall be made by the building official. The building official is authorized to subtract or modify the valuation of certain specialty equipment if, by the sole discretion of the building official, including such equipment would cause the permit cost to be unnecessarily excessive.
15.05.109.5 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation fee. The special investigation fee shall be in addition to the permit fee and shall be collected whether or not a permit is then or subsequently issued. Payment of the special investigation fee does not vest the illegal work with any legitimacy, nor does it establish any right to a permit for continued development of that project. If the illegal work remains for a period of 60 days past the posting of the Stop Work Order, it shall be considered hazardous and subject to abatement.
15.05.109.6 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
15.05.109.7 Refunds. The building official may authorize refunding of 100% of any fee erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee and not later than 180 days after the date the fee was paid.
(Ord. 2021-631 § 3; Ord. 2021-622 § 2 (Exh. A)).
15.05.110 Inspections.
15.05.110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code, the Construction Codes, or of other ordinances of the City. Inspections presuming to give authority to violate or cancel the provisions of this code, the Construction Codes or of other ordinances of the City shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
15.05.110.2 Preliminary inspections. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
15.05.110.3 Manufacturer’s installation instructions. Manufacturer’s installation instructions, as required by this code or the Construction Codes, shall be available on the job site at the time of inspection.
15.05.110.4 Required inspections. The building official, upon notification, shall make the inspections set forth in NMC Sections 15.05.110.4.1 through 15.05.110.4.15.
15.05.110.4.1 Footing and foundation inspection. Footing and foundation inspections shall be made after poles or piers are set or trenches or basement areas are excavated and all required hold-down anchor bolts, hold-down straps, any forms erected, and any required reinforcing steel is in place and supported. The footing and foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. Materials for the foundation shall be on the job, except where concrete is ready-mixed in accordance with ASTM C 94.
15.05.110.4.1.1 Building corners surveyed. Prior to approval of foundation footings for new buildings, building corners shall be placed by a civil engineer or a land surveyor licensed in the State of Washington who shall provide documentation of the building location to the building official.
15.05.110.4.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, slab insulation, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
15.05.110.4.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612.4 or IRC Section R322 shall be submitted to the building official.
15.05.110.4.4 Exterior wall sheathing inspection. Exterior wall sheathing shall be inspected after all wall framing is complete, strapping and nailing is properly installed but prior to being covered.
15.05.110.4.5 Roof sheathing inspection. The roof sheathing shall be inspected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved.
15.05.110.4.6 Plumbing, mechanical, gas and electrical rough-in inspection. Rough-in plumbing, mechanical, gas piping and electrical shall be inspected after the roof, framing, fire-blocking and bracing and all components to be concealed are complete and, if required, under test prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection. No connections to primary utilities shall be made until the rough in work is inspected and approved. Joints and connections in the plumbing system shall be gastight and watertight for the pressures required by the test.
No test or inspection shall be required where a plumbing system, or part thereof, is set up for exhibition purposes and has no connection with a water or drainage system.
The requirements of this section shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or appliances serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure.
Exception: For projects regulated under the IRC, backfilling of ground-source heat pump loop systems tested in accordance with IRC Section M2105.28 prior to inspection shall be permitted.
15.05.110.4.7 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, wall sheathing, all framing, fire blocking, bracing and draftstopping are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, fire-suppression piping, heating wires, pipes and ducts are approved and the building is substantially dried in.
15.05.110.4.7.1 Building height surveyed. If required by the building official, prior to approval of framing, building height shall be located by a civil engineer or a land surveyor licensed in the State of
Washington who shall provide documentation of the building height to the building official.
15.05.110.4.7.2 Backflow prevention. Prior to cover, where fixture protection is required for cross-connection control, each fixture shall be inspected for verification of the health and safety of the water supply system.
15.05.110.4.8 Weather resistance.
15.05.110.4.8.1 Exterior Finish and Insulation Systems (EFIS), Lath and gypsum board inspection. EFIS, Lath and gypsum board inspections shall be made after backing, lathing or gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.
Exception: Interior gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly does not require inspection.
15.05.110.4.8.2 Weather-exposed balcony and walking surface waterproofing. Where balconies or other elevated waking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and their structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.
Exception: Where special inspections are provided in accordance with IBC Section 1705.1.1, Item 3.
15.05.110.4.9 Building enclosure design requirements of Chapter 64.55 RCW. The requirements of Chapter 64.55 RCW are adopted in this section. All multiunit residential buildings shall have the building enclosure inspected by a qualified inspector during the course of initial construction and during rehabilitative construction. Upon completion of an inspection required by this chapter, the qualified inspector shall prepare and submit to the appropriate building department a signed letter certifying that the building enclosure has been inspected during the course of construction or rehabilitative construction and that it has been constructed or reconstructed in substantial compliance with the building enclosure design documents. The Building Department shall not issue a final certificate of occupancy or other equivalent final acceptance until the letter required by this section has been submitted. The Building Department is not charged with and has no responsibility for determining whether the building enclosure inspection is adequate or appropriate to satisfy the requirements of this chapter.
15.05.110.4.10 Fire-resistance-rated construction inspections. Where fire-resistance-rated construction is required, an inspection of such construction shall be made after lathing or gypsum board or gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
15.05.110.4.11 Energy efficiency inspections. The following inspections shall be required to confirm compliance with the requirements of the Washington State Energy Code – Commercial per WAC 51-11C and Washington State Energy Code – Residential per WAC 51-11R:
15.05.110.4.11.1 Footing and foundation insulation. Inspections shall verify footing and/or foundation insulation R-value, location, thickness, depth of burial and protection of insulation as required by the Construction Codes, approved plans and specifications.
15.05.110.4.11.2 Thermal envelope. Inspections shall be made before application of interior finish and shall verify that envelope components with the correct type of insulation, the R-values, the correct location of insulation, the correct fenestration, the U-factor, SHGC, VT, and air leakage controls are properly installed as required by the Construction Codes, approved plans and specifications, including envelope components in future tenant spaces of multi-tenant buildings.
15.05.110.4.11.3 Plumbing system. Inspections shall verify the type of insulation, the R-values, the protection required, controls, and heat traps as required by the Construction Codes, approved plans and specifications.
15.05.110.4.11.4 Mechanical system. Inspections shall verify the installed HVAC equipment for the correct type and size, controls, duct and piping insulation R-values, programmable thermostats, whole-house ventilation, duct system and damper air leakage, minimum fan efficiency, energy recovery and economizer as required by the Construction Codes, approved plans and specifications.
15.05.110.4.11.5 Electrical system. Inspections shall verify lighting system controls, components, meters; motors and installation of an electric meter for each dwelling unit as required by the Construction Codes, approved plans and specifications.
15.05.110.4.11.6 Final inspection. The final inspection shall include verification of the installation and proper operation of all required building controls, and documentation verifying activities associated with required building commissioning have been conducted in accordance with WSEC Section C408 where the provisions of the Washington State Energy Code – Commercial applies.
15.05.110.4.12 Reinspection. The building official may require a structure or portions of work to be reinspected. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code or the Construction Codes and the work must be reinspected or new testing performed. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which the inspection was requested is not complete; or when previous corrections called for are not made; or when there are reoccurring missed items that have previously been identified to the same builder on multiple lots; or when the approved plans and permit are not on site in a conspicuous or preapproved location; or when the building is not accessible. In instances where reinspection fees have been assessed, no additional inspection of the work shall be provided by the City until the required fees are paid.
15.05.110.4.13 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code, the Construction Codes and other laws that are enforced by the Building Department.
15.05.110.4.14 Special inspections. In addition to the inspections noted above, the building official is authorized to require special inspections for any type of work related to the Construction Codes by an approved agency at no cost to the City.
15.05.110.4.15 Final inspection. The final inspection shall be made after all work required by the building permit is completed.
15.05.110.5 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability relevant to the building components and systems they are inspecting.
15.05.110.6 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code and the Construction Codes.
15.05.110.7 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.
15.05.110.8 Repetitive inspections. Where multiple inspections are requested for the convenience of the contractor so that work can be performed in phases, an additional reinspection fee may apply.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.111 Certificate of occupancy.
15.05.111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change of occupancy or a change of use of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the Construction Codes, the Construction Administrative Code or other ordinances of the City.
Exception:
Certificates of occupancy are not required for work exempt from permits per NMC Section 15.05.105.2.
15.05.111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the Building Department, the building official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner’s authorized agent.
4. Project name.
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy.
9. The type of construction.
10. The design occupant load.
11. If an automatic sprinkler system is provided.
12. Any special stipulations and conditions of the building permit.
Exception: Structures approved under the International Residential Code may be issued a certificate of occupancy in the form of a signed-off permit inspection card.
15.05.111.3 Temporary or phased occupancy. The building official is authorized to issue a temporary or phased certificate of occupancy before the completion of the entire work covered by the permit; provided, that such portion or portions shall be occupied safely. The building official is authorized to require in addition to the completion of life safety building components, any or all accessibility components. The building official shall set a time period during which the temporary or phased certificate of occupancy is valid. The building official is authorized to require that a performance bond be posted with the City in an amount equal to 150 percent of the incomplete work as determined by the design professional. The bond shall be refundable upon inspection, final approval and a request in writing for the refund. It shall be the duty of the applicant to request the refund.
15.05.111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
15.05.111.5 Occupancy prior to issuance of a certificate of occupancy. Any person, firm, corporation or organization occupying a structure prior to issuance of a certificate of occupancy shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or both such fine and imprisonment. Every day or portion thereof during which any violation of this chapter occurs or continues shall constitute a separate offense.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.112 Service utilities.
15.05.112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.
15.05.112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
15.05.112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in NMC Sections 15.05.101.2 and 15.05.102.4 in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made without the approval required by NMC Section 15.05.112.1 or 15.05.112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system, of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.113 Appeals.
15.05.113.1 General. The City of Newcastle Hearing Examiner shall hear and make decisions of appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the Construction Codes or this Construction Administrative Code pursuant to the provisions in NMC Section 2.20.060.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.114 Violations.
15.05.114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of the State technical codes, the Construction Administrative Code and the Construction Codes adopted in NMC Section 15.05.101.2.
15.05.114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
15.05.114.3 Legal proceedings. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the City to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
15.05.114.4 Violation penalties. Any person who violates a provision of this code, the Construction Codes or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or both such fine and imprisonment. Every day or portion thereof during which any violation of this chapter occurs or continues shall constitute a separate offense.
15.05.114.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the building official or fire chief of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
15.05.114.6 Notices and orders. Whenever the building official determines that there has been a violation of this code or the Construction Codes or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in NMC Sections 15.05.114.6.1 and 15.05.114.6.2 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall comply with NMC Section 15.05.116.4.
15.05.114.6.1 Form. Such notice prescribed in NMC Section 15.05.114.6 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
5. Inform the property owner or owner’s authorized agent of the right to appeal.
6. Include a statement of the right to file a lien in accordance with NMC Section 15.05.114.3.
15.05.114.6.2 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: delivered personally, or sent by certified or first-class mail addressed to the last known address. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
15.05.114.6.3 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official.
15.05.114.6.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in NMC Section 15.05.114.4.
15.05.114.6.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner’s authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the Building Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.115 Stop work orders.
15.05.115.1 Authority. Whenever the building official finds any work being performed in a manner either contrary to the provisions of this code, the Construction Codes or other pertinent laws or ordinances or in a dangerous or unsafe manner, the building official is authorized to issue a stop work order.
15.05.115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s authorized agent, or to the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.
15.05.115.3 Investigation fee. The building official is authorized to assess a special investigation fee for the issuance of a stop work order when work has started without the issuance of a permit. The special investigation fee shall be determined by NMC Section 15.05.109.5.
15.05.115.4 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
15.05.115.5 Emergencies. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.
15.05.115.6 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 conditions, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or both such fine and imprisonment. Every day or portion thereof during which any violation of this chapter occurs or continues shall constitute a separate offense.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.116 Unsafe structures and equipment.
15.05.116.1 General. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
15.05.116.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
15.05.116.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
15.05.116.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the building official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
15.05.116.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
15.05.116.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.
5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
8. 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 approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
9. 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, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
15.05.116.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the building official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the building official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.
15.05.116.2.1 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The building official shall notify the serving utility and, whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner’s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
15.05.116.3 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
15.05.116.4 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
15.05.116.5 Method of service. Such notice shall be deemed properly served if a copy thereof is: delivered to the owner personally; sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure or equipment affected by such notice. Service of such notice in the foregoing manner on the owner’s agent or on the person responsible for the structure shall constitute service of notice on the owner.
15.05.116.6 Placarding. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the notice provisions within the time given, the building official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
15.05.116.6.1 Placard removal. The building official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the building official shall be subject to the penalties provided by this code and the Construction Codes.
15.05.116.7 Prohibited occupancy. Any occupied structure condemned and placarded by the building official shall be vacated as ordered by the building official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code and the Construction Codes.
15.05.116.8 Abatement methods. The owner, owner’s authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the building official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
15.05.116.9 Restoration. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of the International Existing Building Code.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.117 Emergency measures.
15.05.117.1 Imminent danger. When, in the opinion of the building official, there is imminent danger of failure or collapse of a building or structure that 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 explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the building official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The building official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the building official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
15.05.117.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the building official, there is imminent danger due to an unsafe condition, the building official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the building official deems necessary to meet such emergency.
15.05.117.3 Closing streets. When necessary for public safety, the building official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
15.05.117.4 Emergency repairs. For the purposes of this section, the building official may employ the necessary labor and materials to perform the required work as expeditiously as possible.
15.05.117.5 Costs of emergency repairs. Costs incurred in the performance of emergency work may be paid by the City. The legal counsel of the City shall institute appropriate action against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.
15.05.117.6 Appeals. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Hearing Examiner as described in NMC Section 2.20.060, be afforded a hearing as described in this code and other regulations in force by the City.
(Ord. 2021-622 § 2 (Exh. A)).
15.05.118 Demolition.
15.05.118.1 General. The building official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s or owner’s authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the building official shall order the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official.
15.05.118.2 Notices and orders. Notices and orders shall comply with NMC Section 15.05.114.6.
15.05.118.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the building official may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
15.05.118.4 Salvage materials. Where any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
(Ord. 2021-622 § 2 (Exh. A)).