Title 23 CONSTRUCTION CODES

The purpose of this chapter is to provide for the administration, organization and enforcement of the technical codes adopted by the city. The purpose of the technical codes is to establish minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. (Ord. 5528 § 2, 2004.)

23.05.020 Scope.

This chapter establishes the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the corporate limits of the city. (Ord. 5528 § 2, 2004.)

23.05.030 Exemption from state notice requirements.

Project permit applications pursuant to the technical codes are exempt from the requirements of RCW 36.70B.110 and 36.70B.130 and any local provisions implementing those sections, except when an applicant has chosen to include technical permits, e.g., building, mechanical, or plumbing permits, in a consolidated permit review process pursuant to the provisions of RCW 36.70B.120. (Ord. 5528 § 2, 2004.)

23.05.040 Applicability.

A. General. This chapter applies to the administration of the technical codes, as adopted by the city in other chapters of this title. Provisions in the appendices of the technical codes shall not apply unless specifically adopted.

1. Where there is a conflict between the provisions or requirements of this chapter, or the technical codes, and other codes or laws, this chapter, or the technical codes as the case may be, shall govern.

2. Where conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern, or if life safety is not at issue, the more restrictive provision shall govern.

3. Where, in any specific case, different sections of the technical codes specify different materials, methods of construction or other requirements, the hierarchy of the codes named in RCW 19.27.031, now or as hereafter amended, shall govern. In the event that the conflict is between provisions for which such hierarchy of codes is not determinative, the most restrictive provision shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.

C. Other Laws. The provisions of this chapter and the technical codes shall not be deemed to nullify any provisions of local, state or federal law.

D. Adoption by Reference. Where state laws or regulations or other city ordinances or code provisions are adopted by reference in this chapter or the technical codes, such reference shall be deemed to be to the law, regulation, ordinance or provision as subsequently amended after the date of adoption of this chapter, unless specifically provided otherwise.

E. Codes referenced within the technical codes adopted by the city shall not apply unless specifically adopted by the city in other chapters of this title. References to codes not adopted by the city shall be deemed to refer to the most applicable provision of codes or standards adopted by the city, as determined by the building official. (Ord. 5528 § 2, 2004.)

23.05.050 Existing structures.

A. Compliance with Technical Codes. Buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this section.

1. Additions, alterations or repairs may be made to a building, structure, or its building service equipment without requiring the existing building, structure, or its building service equipment to comply with all the requirements of the technical codes, provided the addition, alteration or repair conforms to the requirements of the technical codes for a new building, structure, or new building service equipment. Additions, alterations or repairs shall not be made to an existing building, structure, or building service equipment which will cause the existing building, structure, or building service equipment to be in violation of the provisions of the technical codes nor shall such additions, alterations or repairs cause the existing building, structure, or building service equipment to become unsafe.

2. Building service equipment which was lawful under the technical codes current at the time such equipment was installed may be used, maintained or repaired if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment.

C. Existing Occupancy. The legal occupancy of any structure existing on the date of adoption of this chapter and the technical codes shall be permitted to continue without change, except as is specifically covered in this chapter and the technical codes, the International Fire Code, or if continued use poses a danger to life, health and safety of the occupants and the public, as is determined by the building official or fire official.

D. Change in Use. No change will be made in the character of occupancies or use of any building that would place the building in a different division of the same group or occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of this chapter and the technical codes for such division or group of occupancy.

Exception: The character of the occupancy of existing buildings may be changed subject to the approval of the building official, and the building may be occupied for purposes in other groups without conforming to all the requirements of this chapter and the technical codes for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.

No change in the character of occupancy of a building shall be made without a certificate of occupancy, as required in BCC 23.05.140. The building official may issue a certificate of occupancy pursuant to the intent of the above exception without certifying that the building complies with all provisions of this code. (Ord. 5528 § 2, 2004.)

23.05.060 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 ordinarily accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinarily 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.

“Addition” means an extension or increase in floor area or height of a building or structure.

“Alter” or “alteration” means a change or modification of a building, structure or building service equipment.

“Approved,” as to materials, types of construction, equipment and systems, means and refers to approval by the building official as the result of investigation and tests conducted by the building official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

“Approved agency” means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the building official.

“Building” means a structure used or intended for supporting or sheltering a use or occupancy.

“Building code” means the International Building Code and/or the International Residential Code, as applicable, promulgated by the International Code Council, as adopted by the city in Chapter 23.10 BCC.

Building, Existing. “Existing building” means a building erected prior to the adoption of this code, or one for which a legal building permit has been issued.

“Building official” means the officer or other designated authority charged with the administration and enforcement of this chapter and the technical codes, or a regularly authorized deputy thereof.

“Building permit applications” means an application for a permit required pursuant to Chapter 23.10 BCC.

“Building service equipment” means and refers to the plumbing, mechanical and electrical equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting and transportation facilities essential to the occupancy of the building or structure for its designated use.

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

“Construction documents” means plans, specifications, computations and other data required to be submitted for any application required by this chapter or the technical codes.

“Dangerous buildings code” means the Uniform Code for the Abatement of Dangerous Buildings promulgated by the International Conference of Building Officials, as adopted by the city in Chapter 23.10 BCC.

“Department” means the development services department unless otherwise specified.

“Director” means the director of the development services department unless otherwise specified.

“Electrical code” means the National Electrical Code promulgated by the National Fire Protection Association, as adopted by the city in Chapter 23.30 BCC.

“Energy code” means the Washington State Energy Code promulgated by the Washington State Building Code Council, as adopted by the city in Chapter 23.10 BCC.

“Housing code” means the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by the city in Chapter 23.10 BCC.

“International Fire Code” means the International Fire Code promulgated by the International Code Council, as adopted by the city in Chapter 23.11 BCC.

“Listed” and “listing” are terms referring to equipment or materials included in a list by an approved testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of current production of listed equipment or materials. The published list shall state that the material or equipment complies with approved nationally recognized codes, standards or tests and has been tested or evaluated and found suitable for use in a specified manner.

“Mechanical code” means the International Mechanical Code promulgated by the International Code Council as adopted by the city in Chapter 23.50 BCC.

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

“Owner” means any person, agent, firm or corporation having a legal or equitable interest in the property.

“Permit” means an official document or certificate issued by the building official authorizing performance or a specified activity.

“Person” means a natural person, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

“Plumbing code” means the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials, as adopted by the city in Chapter 23.60 BCC.

“Protective parking devices” means those devices regulated by Chapter 23.18 BCC.

“Repair” means the reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

“Structural observation” means the visual observation of the structural system, for general conformance to the approved plans and specifications, at significant construction stages and at completion of the structural system. Structural observation does not include or waive the responsibility for the inspections required by the technical codes.

“Technical codes” means and refers to all codes adopted pursuant to Chapters 23.10, 23.30, 23.50 and 23.60 BCC; Protective Parking Devices, Chapter 23.18 BCC; and Posting notice of construction hours, BCC 9.18.044.

“Valuation” or “value,” as applied to a building and its building service equipment, means and shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs.

“Ventilation code” means the Washington State Ventilation and Indoor Air Quality Code promulgated by the Washington State Building Code Council, as adopted by the city under Chapter 23.10 BCC. (Ord. 5821 §§ 21, 22, 2008; Ord. 5572 § 1, 2004; Ord. 5528 § 2, 2004.)

23.05.070 Authority.

A. Enforcement Agency. The development services department shall be responsible for enforcement of the technical codes under the administrative and operational control of the building official, who shall be appointed by the director.

B. General. Whenever the term or title “administrative authority,” “responsible official,” “building official,” “chief inspector,” “code enforcement officer” or other similar designation is used in this chapter or in any of the technical codes, it shall be construed to mean the building official designated by the director.

C. Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the director, the building official shall have the authority to appoint a deputy building official, related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. (Ord. 5821 § 23, 2008; Ord. 5528 § 2, 2004.)

23.05.080 Duties and powers of building official.

In addition to the duties and powers set forth in other sections of this chapter and the technical codes, the building official shall have the following duties and powers:

A. General. The building official is hereby authorized and directed to enforce the provisions of this chapter and the technical codes. The building official shall have the authority to render interpretations of this chapter and the technical codes and to adopt policies and procedures supplemental to this chapter and the technical codes as deemed necessary in order to clarify the application of their provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this chapter and the technical codes.

B. 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 chapter and the technical codes.

C. Notices and Orders. The building official shall issue all necessary notices or orders to ensure compliance with this chapter and the technical codes.

D. Inspections. The building official shall make all of 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.

E. Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter and the technical codes.

F. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this chapter and the technical 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 chapter and the technical 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 chapter and the technical codes; provided, that if such structure or premises be occupied that 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.

G. Liability. The building official charged with the enforcement of this chapter and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties.

H. Approved Materials and Equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

I. Used Materials and Equipment. The use of used materials and building service equipment is permitted when approved by the building official.

J. Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this chapter and the technical codes, the building

official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of this chapter and the technical codes impractical and the modification is in compliance with the intent and purpose of this chapter and the technical 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 department. The building official is authorized to charge an additional fee to evaluate any proposed modification under the provisions of this section.

K. Alternative Materials, Design and Methods of Construction and Equipment. The provisions of this chapter and the technical codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this chapter and the technical codes; provided, that any such alternative has been approved. An alternative material, design or method of construction may be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter and the technical codes, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in quality, strength, effectiveness, fire resistance, durability and safety. The building official is authorized to charge an additional fee to evaluate any proposed alternate under the provisions of this section.

L. Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in technical codes, shall consist of valid research reports from approved sources.

M. Tests. Whenever there is insufficient evidence of compliance with the provisions of this chapter and the technical codes, or evidence that a material or method does not conform to the requirements of the technical 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 technical 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. 5528 § 2, 2004.)

23.05.090 Permits required.

A. Technical Codes Other than the Electrical Code – Required. Any person who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this chapter and the technical codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

B. Technical Codes Other than the Electrical Code – Work Exempt from Permit. Certain work is exempt from the permit requirements of this chapter and the technical codes. Exemptions from permit requirements of this chapter and the technical codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter, the technical codes or any other laws or ordinances of the city. An exemption from the permit requirements of one technical code does not exempt work from the permit requirements of other technical codes or other laws or ordinances of the city. Permits shall not be required for the following:

1. Emergency Repairs. Where equipment replacements and equipment repairs must be performed in an emergency situation posing a significant and immediate risk to life and safety, or a significant and immediate risk of loss to property, the permit application shall be submitted within the next working business day to the building official.

2. Repairs. Application or notice to the building official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

a. One-story detached accessory structures used as tool and storage sheds, tree-supported play structures, playhouse and similar uses, provided the floor area does not exceed 200 square feet (11.15 m2).

d. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

e. 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 two to one.

f. Sidewalks, decks and driveways not more than 30 inches (762 mm) above grade (or grade plane, as applicable) and not over any basement or story below and which are not part of an accessible route or means of egress.

g. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

i. Prefabricated swimming pools accessory to structures regulated by the IRC or accessory to Group R-3 and Group U occupancies regulated by the IBC, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18, 925 L) and are installed entirely above ground.

j. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

l. Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of structures regulated by the IRC or of Group R-3 and Group U occupancies regulated by the IBC.

m. Movable cases, counters and partitions not over five feet, nine inches (1,753 mm) in height.

o. Public utility towers and poles owned by public utilities. Note: Communication towers owned by private companies are not exempt.

d. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter and the technical codes.

g. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.

h. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected.

a. The stopping and/or repairing of leaks in drains, water, soil, waste or vent pipe; provided, however, that should any concealed 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 chapter and the technical codes.

c. Reinstallation or replacement of pre-fabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes.

C. The Electrical Code – Required. In accordance with Chapter 19.28 RCW, an electrical permit is required for the following installations:

1. The installation, alteration, repair, replacement, modification or maintenance of all electrical systems, wire and electrical equipment regardless of voltage.

b. NEC, Class 2 circuits powered by a Class 2 power supply as defined in NEC 725.41(A).

c. NEC, Class 3 circuits powered by a Class 3 power supply as defined in NEC 725.41(A).

a. All installations of telecommunications systems on the customer side of the network demarcation point for projects greater than 10 telecommunications outlets.

b. All backbone installations regardless of size and all telecommunications cable or equipment installations involving penetrations of fire barriers or passing through hazardous locations require permits and inspections.

c. The installation of greater than 10 outlets and the associated cables along any horizontal pathway from a telecommunications closet to work areas during any continuous 90-day period requires a permit and inspection.

d. In R1 and R2 occupancies as defined in the building code, permits and inspections are required for all backbone installations, all penetrations of fire resistive walls, ceilings and floors; and installations of greater than 10 outlets in common areas.

e. Definitions of telecommunications technical terms will come from Chapter 19.28 RCW, the currently adopted WAC rules, EIA/TIA standards, and the National Electrical Code.

D. The Electrical Code – Work Exempt from Permit. Certain work is exempt from the permit requirements of this chapter and the electrical code. Exemptions from permit requirements of this chapter and the electrical code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter, the technical codes or any other laws or ordinances of the city. An exemption from the permit requirements of one technical code does not exempt work from the permit requirements of other technical codes or other laws or ordinances of the city. Permits shall not be required for the following:

a. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the National Electrical Code.

b. Repair or replacement of fixed motors, transformers or fixed approved appliances or devices rated 50 amperes or less which are like-in-kind in the same location.

c. Temporary decorative lighting, when used for a period not to exceed 45 days and removed at the conclusion of the 45-day period.

d. Repair or replacement of current-carrying parts of any switch, conductor or control device which are like-in-kind in the same location.

e. Repair or replacement of attachment plug(s) and associated receptacle(s) rated 50 amperes or less which are like-in-kind in the same location.

f. Repair or replacement of any over current device which is like-in-kind in the same location.

g. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

i. Telecommunications outlet installations within the individual dwelling units of group R1 and R2 occupancies as defined by the building code;

ii. All telecommunications installations within R3 and R4 occupancies as defined in the building code;

iii. The installation or replacement of cord and plug connected telecommunications equipment or for patch cord and jumper cross-connected equipment.

j. Listed wireless security systems where power is supplied by a listed Class 2 plug in transformer installed in R3 and R4 occupancies.

k. The installation, alteration or repair of electrical wiring, apparatus or equipment for the generation, transmission, distribution or metering of electrical energy or in the operation of signals for the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

E. Application for Permit – General. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the 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.

4. Be accompanied by construction documents and other information as required by the submittal requirements established by the city.

F. Application for Permits Governed by Chapter 23.10 BCC – Other Filings Required.

1. At the time of filing a building permit application, the applicant shall submit all information required to be submitted, together with any application form and application fee therefor, for any of the following approvals which may be applicable to the proposed project:

c. Conditional use permit, shorelines conditional use permit, planned unit development, Land Use Code, Parts 20.30B, 20.30C and 20.30D;

d. Variance or shorelines variance, Land Use Code, Parts 20.30G, 20.30H and shorelines substantial development permit, Land Use Code, Part 20.25E;

2. No building permit application will be accepted for filing by the building official for any proposed project for which any of the approvals referred to in subsection (A) of this section is required unless the building permit application is accompanied by all information required to be filed for such required approvals.

3. The filing of a complete building permit application for a proposed project, which is in compliance with applicable state law and the codes, ordinances and regulations of the city in effect at the time of such filing, shall establish a vested right, if a building permit is issued, to proceed with construction of the proposed project in accordance with such then-existing codes, ordinances and regulations; provided, however, such proposed project may nonetheless be conditioned or denied by the city under the State Environmental Policy Act. For the purpose of this subsection, a “complete building permit application” means an application which contains all information required to be submitted by any applicable provisions of this chapter and the technical codes, including, but not limited to, all information required to be submitted by subsection (A) of this section.

4. No application for design review, administrative conditional use permit, planning commission design review, planned unit development, conditional use permit, variance, shorelines variance, shorelines substantial development permit or a clearing and grading permit shall be accepted by the city for filing unless it is accompanied by a complete building permit application.

G. Applications for Permits Governed by Chapter 23.10 BCC – Optional Method of Obtaining Prior Approvals – Vested Rights.

1. Notwithstanding the provisions of subsection (F) of this section, an applicant may apply for a design review approval, an administrative conditional use permit, planned unit development approval, a conditional use permit, a shorelines conditional use permit, a variance, a shorelines variance, a shorelines substantial development permit or a clearing and grading permit prior to filing an application for a building permit, upon the following terms and conditions:

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

b. An applicant who elects to take advantage of the provisions of this section shall be deemed to have specifically acknowledged, by submitting the application for the approvals referred to in subsection (G)(1) of this section, that the acceptance and processing of such application shall in no way establish or create a vested right to proceed with construction of any proposed project in accordance with the codes, ordinances or regulations existing at the time of filing of such application, or at any time thereafter prior to the filing of a valid and complete building permit application, except as provided in Land Use Code Section 20.40.500.

2. An applicant who elects to take advantage of the provisions of this section may at any time elect to file a complete building permit application, notwithstanding that the approval applied for under this section has not previously been obtained.

1. Applications for which no permit is issued within one year 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. The building official may, prior to expiration, extend the time for action by the applicant for a period not exceeding 180 days.

2. Applications may be canceled for inactivity if an applicant fails to respond to the department’s written request for revisions, corrections, actions or additional information within 90 days of the date of request. The building official may extend the response period beyond 90 days if, within the original 90-day time period, the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the department.

3. In addition to the extension allowed in subsection (H)(1) of this section, the building official may extend the life of an application if any of the following conditions exist:

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 the applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.

In no event may the building official extend the application for a period of more than 180 days following the conclusion of the applicable condition described in subsection (H)(3)(a). (Ord. 5572 § 2, 2004; Ord. 5528 § 2, 2004.)

23.05.100 Permit issuance.

1. The application and construction documents filed by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of the city to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this chapter and the technical codes and other pertinent laws and ordinances, and that the fees specified in BCC 23.05.120 have been paid, and the applicant is the correct person to whom a permit may be issued as defined in this chapter, the building official shall issue a permit therefor to the applicant.

2. When a permit is issued when plans are required, the building official shall endorse in writing or stamp the plans and specifications “Approved.” Approved construction documents shall not be changed, modified or altered without authorizations from the building official, and all work regulated by this chapter and the technical codes shall be done in accordance with the approved construction documents.

3. The building official may issue a permit for the construction of foundations or any other part of a building or structure or building service equipment before the construction documents for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this chapter and the technical codes. The holder of such partial permit shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire building, structure or building service will be granted.

B. To Whom Permit Issued. Permits shall be issued only to a person, firm or corporation who demonstrates to the satisfaction of the building official that he/she is properly licensed, or exempt, as required by Chapter 18.27 RCW, now or as hereafter amended, or to a person doing work at his/her own residence or place of business or other property owned by him/her; provided further, no such person, firm or corporation shall employ any unlicensed person, firm or corporation to perform the work authorized by the permit.

C. Retention of Plans. One set of approved construction documents shall be retained by the building official for the period required by law, and one set of approved construction documents shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

D. 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 chapter or the technical codes or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this chapter, the technical codes, 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 which is in violation of this chapter, the technical codes, or of any other ordinances of the city.

1. Every permit issued by the building official under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one year from the date of such permit, or if work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days except that the building official may extend single-family permits for an additional period of up to 180 days at his sole discretion.

2. Permits issued under which work is continuously performed and the necessary periodic inspections are made shall be extended beyond the one-year period by the building official for a period of no more than one year. No more than two one-year extensions shall be granted except that the building official may extend single-family permits for an additional period of up to 90 days at his sole discretion.

1. The building official may revoke or suspend the permit provided for in this section whenever:

b. The work does not proceed in accordance with the construction documents, as approved, or is not in compliance with the requirements of this section, the technical codes or other city ordinances;

c. Entry upon the property for the purpose of investigation or inspection has been denied;

d. The permittee has made a misrepresentation of a material fact in applying for such permit;

e. The progress of the work indicates that the plan is or will be inadequate to protect the public, the adjoining property, street, utilities in the street, or the work endangers or will endanger the public, the adjoining property, street or utilities in the street;

f. The permit has not been acted upon within the time allowed for extensions pursuant to this section; and

g. The related building permit has expired without renewal, or has been revoked or canceled.

2. Upon suspension or revocation of the permit, all work thereupon shall cease, except as authorized by the building official.

G. Assurance Device for Permits. Before issuing any permit provided for in this section, the city may, in the discretion of the building official, require the applicant to execute and file with the city an assurance device pursuant to LUC 20.40.490 in such reasonable sum and with the securities as the responsible administrative official may specify, conditioned that the applicant will pay any and all damages that may be recovered against the city by any person on account of injury to persons or property occasioned by or in any manner resulting from the issuance of the permit or by reason of any act or thing done pursuant thereto, or from the occupancy or disturbance of any street or sidewalk in the city and also to save and keep the city free from all such damages and costs as may be incurred in defending any such claim, and/or further conditioned that the applicant will pay to the city the cost of repairing any and all damage which may be done by the applicant or his agents to the streets, utilities or property of the city during or pursuant to the work covered by such permit.

H. Placement of Permit. The 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 technical codes, shall be available on the job site at the time of inspection. (Ord. 5750 § 1, 2007; Ord. 5528 § 2, 2004.)

23.05.105 Construction documents.

1. General. Construction documents, special inspection and structural observation programs, and other data and information as required by the submittal requirements established by the city for each permit shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the state of Washington. Where the building official, in his/her discretion, deems necessary, he/she may require additional construction documents for any application, which may be required to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data 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 chapter or the technical codes.

2. Electrical Engineer. Electrical plans for the following installations shall be prepared by, or under the direction of, a consulting electrical engineer registered under Chapter 18.43 RCW, and Chapters 180-29, 246B-320, and 388-97 WAC. All electrical plans must bear the engineer’s stamp and signature.

c. All installations identified in the National Electrical Code requiring engineering supervision;

d. As required by the building official for installations which by their nature are complex, hazardous or pose unique design problems.

B. Information on Construction Documents. Construction documents and other information required to be provided shall conform to standards and specifications established by the city. 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 and show in detail that it will conform to the provisions of this chapter, the technical codes and relevant laws, ordinances, rules and regulations, as determined by the building official.

C. Use of Consultants. Whenever review of an application requires retention by the city for professional consulting services for other than normal plan review, the applicant shall reimburse the city the cost of such professional consulting services. This fee shall be in addition to the normal plan review and 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 to retaining professional consultant services and to ensure reimbursement for such costs.

D. Design Professional in Responsible Charge. When it is required that documents be prepared by a qualified registered design professional, the building official shall be authorized to require the owner 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 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 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 1709, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in IBC Section 1704).

E. Deferred Submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge, or the applicant, if no design professional is required, shall list the deferred submittals on the construction documents for review by the building official. Where a design professional is required, 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 design and submittal documents have been approved by the building official. The building official is authorized to charge an additional plan review fee to evaluate the deferred submittal under.

F. 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. (Ord. 5572 § 3, 2004; Ord. 5528 § 2, 2004.)

23.05.110 Temporary structures and uses.

A. Temporary Permits – Technical Codes Other than the Electrical Code. 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. Additional permits may be required under the technical codes or other city codes and regulations, including the Land Use Code. All temporary installations allowed under this section shall be made in accordance with the requirements of this chapter and the technical codes; provided, that the building official may permit deviations which will not permit hazards to life or property; and further provided, that whenever such hazards are deemed by the building official to exist, the building official may at once rescind or cancel the permit covering such installation and disconnect, or order the disconnection of, all energy to such equipment.

B. Temporary Permits – Electrical Code. If the building official finds that the safety of life and property will not be jeopardized, permits may be issued for temporary electrical installations for use during the construction of buildings or for carnivals, conventions, festivals, fairs, the holding of religious services, temporary lighting of streets, or other approved uses. Permission to use such temporary installation shall not be granted for a greater length of time than 90 days, except that a permit for a temporary installation to be used for constructing of a building may be issued for the period of construction. Should such temporary lighting be over the street area, the proper authorization for such use of the street must first be obtained. Additional permits may be required under the technical codes or other city codes and regulations, including the Land Use Code. All temporary electrical installations allowed under this section shall be made in accordance with the requirements of this chapter and the technical codes; provided, that the building official may permit deviations which will not permit hazards to life or property; and further provided, that whenever such hazards are deemed by the building official to exist, the building official may at once rescind or cancel the permit covering such installation and disconnect, or order the disconnection of all energy to such equipment.

C. Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this chapter and the technical codes as necessary to ensure the public health, safety and general welfare.

D. Termination of Approval. The building official is authorized to terminate any temporary permit issued under this section and to order the activity, use or structure authorized under the permit to be discontinued. (Ord. 5528 § 2, 2004.)

23.05.120 Fees.

The fee for each permit shall be as set forth in the fee ordinance, as now or hereafter amended. (Ord. 5528 § 2, 2004.)

23.05.130 Inspections.

A. 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 accessible and exposed 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 chapter, the technical codes, or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of this chapter, the technical codes, or of other ordinances of the city shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed 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. When the installation of an electrical system is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by the National Electrical Code shall not be connected to the energy source until authorized by the building official.

B. 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.

C. Required Inspections. The building official, upon notification, shall make the following inspections:

1. Footing and Foundation Inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready-mixed in accordance with ASTM C 94, the concrete need not be on the job.

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.

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 1612.5 or IRC Section R323 shall be submitted to the building official.

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.

5. Roof Sheathing Inspection. Roof sheathing shall be inspected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved.

6. IMC/UPC/GAS/NEC Rough-in Inspection. Rough-in mechanical, gas piping, plumbing and electrical shall be inspected when the rough-in work is complete and, if required, under test. No connections to primary utilities shall be made until the rough-in work is inspected and approved.

7. Frame Inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.

8. Lath Inspection and Gypsum Board Inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, are in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance rated assembly or a shear assembly.

9. Fire-Resistant Penetration Inspections. Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved.

i. Wall Insulation Inspection. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed.

ii. Glazing Inspection. To be made after glazing materials are installed in the building.

iii. Exterior Roofing Insulation. To be made after the installation of the roof insulation, but before concealment.

iv. Slab/Floor Insulation. To be made after the installation of the slab/floor insulation, but before concealment.

i. Mechanical Equipment Efficiency and Economizer. To be made after all equipment and controls required by this chapter and the technical codes are installed and prior to the concealment of such equipment or controls.

ii. Mechanical Pipe and Duct Insulation. To be made after all pipe and duct insulation is in place, but before concealment.

i. Lighting Equipment and Controls. To be made after the installation of all lighting equipment and controls required by this chapter and the technical codes, but before concealment of the lighting equipment.

ii. Motor Inspections. To be made after installation of all equipment covered by the Energy Code, but before concealment.

11. Electrical. The building official may require special inspection of equipment or wiring methods where the installation requires special training, equipment, expertise, or knowledge. Where such special inspection is required, it shall be performed by an independent third party acceptable to the building official. The special inspection person/agency shall be designated and approved prior to beginning the installation of wiring or equipment. A written report from the designated special inspection agency indicating that the installation conforms to the appropriate codes and standards shall be received by the building official prior to that installation being approved. All costs for such testing and reporting shall be the responsibility of the permit holder.

D. Reinspection. The building official may require a structure or portions of work to be re-inspected. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete, when corrections called for are not made, when the approved plans and permit are not on site, or when the building is not accessible.

E. 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 chapter, the technical codes and other laws that are enforced by the department of building safety.

F. Special Inspections. In addition to the inspections specified above, the building official is authorized to make or require special inspections for any type of work related to the technical codes by an approved agency at no cost to the city.

G. Final Inspection. The final inspection shall be made after all work required by the building permit is completed.

H. 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.

I. Inspection Requests. It shall be the duty of the permit holder 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 chapter and the technical codes.

J. 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 chapter and the technical codes. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. (Ord. 5528 § 2, 2004.)

23.05.140 Certificate of occupancy.

A. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this chapter, the technical codes, or of other ordinances of the city. Certificates presuming to give authority to violate or cancel the provisions of this chapter, the technical codes or other ordinances of the city shall not be valid.

B. Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this chapter, the technical codes, or other laws that are enforced by the city, and finds compliance with the terms of all applicable permits, the building official shall issue a certificate of occupancy that contains the following:

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this chapter and the technical codes for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

8. The use and occupancy, in accordance with the provisions of Chapter 3 of the International Building Code.

9. The type of construction as defined in Chapter 6 of the International Building Code.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

C. 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 or other assurance device be posted with the city which 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.

D. Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter 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 chapter or the technical codes. (Ord. 5528 § 2, 2004.)

23.05.150 Service utilities.

A. Connection of Service Utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this chapter and the technical codes for which a permit is required, until approved by the building official.

B. Temporary Connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.

C. Authority to Disconnect Service Utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or building service equipment regulated by this chapter and the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made without the required approval. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or building service equipment 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 building service equipment shall be notified in writing as soon as practical thereafter. (Ord. 5528 § 2, 2004.)

23.05.160 Hearing examiner.

Pursuant to Chapter 3.68 BCC the hearing examiner shall hear and decide appeals of interpretations of the technical codes made by the building official, as provided in Chapter 3.68 BCC; provided, however, that appeals of interpretations made by the building official in proceedings authorized under Chapter 1.18 BCC shall be heard simultaneously with the underlying action before the hearing examiner presiding over the proceeding. (Ord. 5750 § 2, 2007; Ord. 5528 § 2, 2004.)

23.05.170 Violations.

A. Unlawful Acts. It shall be unlawful for any person to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this chapter or the technical codes, or cause same to be done, in conflict with or in violation of any of the provisions of this chapter or the technical codes.

B. Civil Violation. Any violation of any of the provisions of this chapter or of the technical codes constitutes a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be imposed as provided therein.

C. Criminal Penalty. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of this chapter or the technical codes shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Chapter 10.92 BCC.

D. Separate Offense. Each day or portion thereof upon which a violation occurs constitutes a separate offense for purposes of subsections (B) and (C) of this section.

E. Destruction of Notice. It shall be unlawful for any person to remove, mutilate, destroy or conceal any notice issued and posted by the building official pursuant to the provisions of this chapter or the technical codes. (Ord. 5528 § 2, 2004.)

23.05.180 Stop work order.

A. Authority. Whenever the building official finds any work being performed in a manner contrary to the provisions of this chapter, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this chapter or the technical codes, or in a manner that violates the terms and conditions of any permit issued by the city, the building official is authorized to issue a stop work order.

B. 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 agent, or to the person doing the work. If, with reasonable diligence the stop work order cannot be given to any such person, the stop work order may be posted on the site. 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.

C. Investigation Fee. The building official is authorized to assess a special investigation fee for the issuance of a stop work order.

D. 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. (Ord. 5528 § 2, 2004.)

23.05.190 Unsafe structures and equipment.

A. Buildings or structures regulated by this chapter and the technical codes which are structurally inadequate or have inadequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe buildings.

B. Building service equipment regulated by such codes, which constitutes a fire, electrical or health hazard, or an unsanitary condition, or which is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of buildings, structures or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

C. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or otherwise unable to sustain the design loads which are specified in the building code are designated as unsafe building appendages.

D. Unsafe buildings, structures or appendages and building service equipment are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the dangerous buildings code or such alternative procedure as may be adopted by the city. As an alternative, the building official or other employee or official of the city as designated by the governing body may institute other appropriate action to prevent, restrain, correct or abate the violation. (Ord. 5528 § 2, 2004.)

23.05.200 Partial invalidity.

In the event that any part or provision of this chapter or the technical codes 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. (Ord. 5528 § 2, 2004.)

Chapter 23.10
BUILDING CODE

23.10.015 Amendments, additions, or exceptions to the 2006 International Building Code.

23.10.403 International Building Code Table 403(1) added – Standby (legally required) and emergency power.

23.10.403.3.1 International Building Code Section 403.3.1 amended – Type of construction.

23.10.403.10 International Building Code Section 403.10 amended – Standby power.

23.10.403.11 International Building Code Section 403.11 amended – Emergency power loads.

23.10.403.15 International Building Code Section 403.15 added – Smoke control.

23.10.405.9 International Building Code Section 405.9 amended – Standby power.

23.10.405.10 International Building Code Section 405.10 amended – Emergency power.

23.10.503 International Building Code Table 503 amended – Allowable height and building areas.

23.10.707.2 International Building Code Section 707.2 amended – Shaft enclosure required.

23.10.707.14.1 International Building Code Section 707.14.1 amended – Elevator lobby.

23.10.707.14.2.1 International Building Code Section 707.14.2.1 amended – Pressurization requirements.

23.10.707.14.2.2 International Building Code Section 707.14.2.2 amended – Ducts for system.

23.10.707.14.2.3.4 International Building Code Section 707.14.2.3.4 amended – Fan capacity.

23.10.806.1 International Building Code Section 806.1 amended – General requirements.

23.10.903.2 International Building Code Section 903.2 amended – Where required.

23.10.903.2.10 International Building Code Section 903.2.10 amended – Automatic fire extinguishing systems.

23.10.903.3.1.1.1 International Building Code Section 903.3.1.1.1 amended – Exempt locations.

23.10.903.3.1.1.2 International Building Code Section 903.3.1.1.2 added – High-rise building sprinkler system design.

23.10.903.3.1.4 International Building Code Section 903.3.1.4 added – Fire pump boosted system design.

23.10.903.3.3 International Building Code Section 903.3.3 amended – Obstructed locations.

23.10.903.4.3 International Building Code Section 903.4.3 amended – Floor control valves.

23.10.903.5.2 International Building Code Section 903.3.5.2 amended – Secondary water source.

23.10.905.3 International Building Code Section 905.3 amended to add new subsection 905.3.8 – High-rise building standpipes.

23.10.905.4 International Building Code Section 905.4 amended – Location of Class I standpipe hose connections.

23.10.905.8 International Building Code Section 905.8 amended – Dry standpipes.

23.10.907.2.7.1 International Building Code Section 907.2.7.1 not adopted – Occupant notification.

23.10.907.2.12.1 International Building Code Section 907.2.12.1 amended – Automatic fire detection.

23.10.907.2.18.1 International Building Code Section 907.2.18.1 amended – Smoke detectors.

23.10.907.8.1 International Building Code Section 907.8.1 amended – Annunciator panel.

23.10.909.1 International Building Code Section 909.1 amended – Scope and purpose.

23.10.909.4.6 International Building Code Section 909.4.6 amended – Duration of operation.

23.10.909.10.3 International Building Code Section 909.10.3 amended – Equipment, inlets and outlets.

23.10.909.11 International Building Code Section 909.11 amended – Power systems.

23.10.909.20 International Building Code Section 909.20 amended – Smokeproof enclosures.

23.10.909.20.5 International Building Code Section 909.20.5 amended – Stair pressurization alternative.

23.10.909.20.6.1 International Building Code Section 909.20.6.1 amended – Ventilation systems.

23.10.909.20.6.3 International Building Code Section 909.20.6.3 amended – Acceptance and testing.

23.10.1006.3 International Building Code Section 1006.3 amended – Illumination emergency power.

23.10.1011.5.3 International Building Code Section 1011.5.3 amended – Power source.

23.10.1704.12 International Building Code Section 1704.12 amended – Exterior insulation and finish systems (EIFS).

23.10.2306.4.1 International Residential Code Table R301.2(1) amended – Climatic and Geographic Design Criteria.

23.10.3002.4 International Building Code Section 3002.4 amended – Elevator car to accommodate ambulance stretcher.

23.10.3304.1 International Building Code Section 3304.1 amended – Excavation and fill.

23.10.010 Amendments and adoptions.

The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title of this code, are adopted and shall be applicable within the city:

1. Code Adoption. The 2006 Edition of the International Building Code published by the International Code Council, as adopted and amended by the State Building Code Council in Chapter 51-50 WAC, excluding Chapter 1, “Administration,” is adopted and shall be applicable within the city, as amended, added to or excepted in this chapter. Those sections of the 2006 Edition of the International Building Code that are not being adopted by the city (except Chapter 1 referenced above) are listed in consequential order with the city’s local amendments.

2. Scope. The provisions of the International Building Code as adopted, amended, added to, or excepted in this chapter 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.

3. Exception. In addition to satisfying the requirements set forth in the International Building Code as adopted by the city, detached one- and two-family dwellings, multiple single-family dwellings (townhouses), and accessory structures thereto, shall not exceed three stories above grade in height and separate means of egress shall comply with the International Residential Code.

1. Code Adoption. The 2006 Edition of the International Residential Code published by the International Code Council, as adopted and amended by the State Building Code Council in Chapter 51-51 WAC, excluding Chapter 1, “Administration,” is adopted, together with Appendix Chapter G, “Swimming Pools, Spas and Hot Tubs,” and shall be applicable within the city, as amended, added to or excepted in this chapter.

2. Scope. The provisions of the International Residential Code, as adopted, amended, added to, or excepted in this chapter, shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and their accessory structures, including adult family homes, foster family care homes and family day care homes licensed by the Washington State Department of Social and Health Services.

1. Code Adoption. The Washington State Energy Code, as provided in RCW 19.27A.010(6) and as adopted by the 2006 State Building Code Council in Chapter 51-11 WAC, is adopted and shall be applicable within the city, as amended, added to, or excepted in this chapter.

2. Scope. The Washington State Energy Code sets forth minimum requirements for the design of new buildings and structures that provide facilities or shelter for residential occupancies by regulating their exterior envelopes and the selection of their HVAC, service water heating systems and equipment for efficient use and conservation of energy.

1. Code Adoption. The Washington State Ventilation and Indoor Air Quality Code, as provided in Chapter 19.27A RCW and adopted by the 2006 State Building Code Council in Chapter 51-13 WAC, is adopted and shall be applicable within the city, as amended, added to, or excepted in this chapter.

2. Scope. The Washington State Ventilation and Indoor Air Quality Code, as adopted, amended, added to, or excepted in this chapter, sets forth minimum requirements for ventilation in all occupancies, including the design of new construction.

1. Code Adoption. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Council of Building Officials, except for Section 205 and Chapters 5, 6, 7, 8, and 9, is adopted and shall be applicable within the city, as amended, added to, or excepted in this chapter.

2. Scope. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, as adopted, amended, added to, or excepted in this chapter, provides equitable remedies consistent with other laws for the repair, vacation or demolition of dangerous buildings.

1. Code Adoption. The 1997 Edition of the Uniform Housing Code as published by the International Conference of Building Officials, except Sections 104, 201.1, 201.2, 203, and 302 and Chapters 12, 13, 14, 15 and 16, is adopted and shall be applicable within the city, as amended, added to, or excepted in this chapter.

2. Scope. The 1997 Edition of the Uniform Housing Code as adopted, amended, added to, or excepted in this chapter, provides requirements affecting conservation and rehabilitation of housing.

G. Adoption by Reference. All codes, standards, rules and regulations adopted by this section are adopted by reference thereto as by this reference fully incorporated herein. Not less than one copy of each code, standard, rule or regulation, in the form in which it was adopted, and suitably marked to indicate amendments, additions, deletions and exceptions as provided in this chapter, shall be filed in the city clerk’s office and be available for use and examination by the public. (Ord. 5750 § 3, 2007.)

23.10.015 Amendments, additions, or exceptions to the 2006 International Building Code.

Pursuant to RCW 19.27.060, the following contains amendments, additions, or exceptions to the International Building Code are applicable and enforceable within the city. (Ord. 5750 § 3, 2007.)

23.10.403 International Building Code Table 403(1) added – Standby (legally required) and emergency power.

TABLE 403(1)

STANDBY (LEGALLY REQUIRED) AND EMERGENCY POWER
Type of Equipment	Maximum Time to Energize Loads	Minimum Run Time (Duration)	IBC Section	IFC or NFPA Section
Emergency Power Systems1
Exit signs	10 seconds	2 hours for generator power; or 90 minutes for battery backup	1011.5.3	604.2.15 High rises 604.2.16 Underground buildings 1011.5.3 2403.12.6.1 Temporary tents, canopies, membrane structures



Exit illumination	10 seconds	8 hours	1006.3	1006.3 604.2.15 High rises 604.2.16 Underground buildings


Any emergency voice/alarm communication including area of refuge communication systems (barrier-free and horizontal exits)	NFPA 72	24 hours	402.12 Covered mall buildings 403.11 High rises 405.10 Underground buildings 907.2.1.2 Assembly occupancies	604.2.14 Covered mall building 604.2.15 High rises 604.2.16 Underground buildings 907.2.1.2 Assembly occupancies NFPA 72




Fire detection and fire alarms	NFPA 72	24 hours	403.11 High rises	604.2.15 High rises 604.2.16 Underground buildings 907.2.8.3 and 907.2.10.2 NFPA 72
			405.10 Underground buildings 909.20.6.2 Smokeproof enclosures 907


Smoke control systems in high-rise buildings, underground buildings and covered mall buildings including energy management systems are used for smoke control or smoke removal	60 seconds	2 hours	403.11 High rises 404.6 Atriums 405.10 Underground buildings 909.11 Smoke control	909.11



Fire pumps in high-rise buildings and underground buildings	10 seconds	8 hours (NFPA 20)	403.11 High rises 405.10 Underground buildings	604.2.15 High rises and NFPA 20 604.2.16 Underground buildings 913.2 All Fire Pumps


Smokeproof enclosures and elevator shaft pressurization	60 seconds for ventilation	4 hours	403.11 High rises 909 and 909.20.6.2
Smokeproof enclosures and elevator shaft pressurization	60 seconds for ventilation	4 hours	403.11 High rises 909 and 909.20.6.2
Any shaft exhaust fans required to run continuously in lieu of dampers	60 seconds	4 hours	716
Elevator car operation in high-rise and underground buildings (including control system, motor controller, operation control, signal equipment, machine room cooling/heating, etc.)	60 seconds	4 hours	3003	604.2.15 High rises 604.2.16 Underground buildings
	60 seconds	4 hours	3003	604.2.15 High rises 604.2.16 Underground buildings
Elevator car lighting and communications in high-rise and underground buildings	10 seconds	4 hours	3003	604.2.15 High rises 604.2.16 Underground buildings 604.2.19 Elevators


Lights, heating, and cooling for building fire command center and mechanical equipment rooms serving the fire command center	60 seconds	24 hours		604.2.15 High rises
Power (other than lights, heating and cooling) for building fire command center	60 seconds	4 hours
Mechanical and electrical systems required by IFC 27 (hazardous materials including UPS rooms)	60 seconds	4 hours		Article 27
Legally Required Standby1
Pressurization equipment for low-rise buildings	60 seconds	4 hours	909 909.20
Pressurization equipment for low-rise buildings	60 seconds	4 hours	909 909.20
Exhaust fans for any loading dock located interior to a building	60 seconds	4 hours
Operation of elevators used as accessible means of egress in low-rise buildings (including car lighting, communications, control system, motor controller, operation control, signal equipment, machine room cooling/heating, etc.)	60 seconds	4 hours	1007.4 and .5 3003	604.2.19 Elevators 1007.4 and .5
	60 seconds	4 hours	1007.4 and .5 3003	604.2.19 Elevators 1007.4 and .5
Fire pumps in low-rise buildings	10 seconds	8 hours		913.2 and NFPA 20
Transformer vault ventilation equipment	60 seconds	4 hours
Heat tape for sprinkler lines and heating in sprinkler riser rooms	60 seconds	24 hours
Fuel pump system for any legally-required system	60 seconds	4 hours
Sewage disposal pumps	60 seconds	4 hours

TABLE 403(1) FOOTNOTES:

1. The fuel pump and associated systems for the emergency or legally required generator shall be provided with power from the generator to maintain fuel supply.

(Ord. 5750 § 3, 2007.)

23.10.403.3.1 International Building Code Section 403.3.1 amended – Type of construction.

International Building Code Section 403.3.1 is hereby amended to read as follows:

403.3.1 Type of construction. The following reductions in the minimum construction type allowed in Table 601 shall be allowed as provided in Section 403.3:

1. For buildings not greater than 420 feet (128 m) in height, Type IA construction, other than structural frame and bearing walls, shall be allowed to be reduced to Type IB.

2. In other than Groups F-1, M and S-1, Type IB construction, other than structural frame and bearing walls, shall be allowed to be reduced to Type IIA.

3. The height and area limitations of the reduced construction type shall be allowed to be the same as for the original construction type.

(Ord. 5750 § 3, 2007.)

23.10.403.10 International Building Code Section 403.10 amended – Standby power.

International Building Code Section 403.10 is hereby amended to read as follows:

403.11 Emergency power systems. A standby power system complying with Table 403(1), and NFPA 70 (National Electrical Code) Article 701 Legally Required Standby Power except as designated in Table 403(1), shall be provided.

403.10.1 Special requirements for standby power systems. If the standby system is a generator set inside a building, the system shall be located in a separate room enclosed with 2-hour fire barriers constructed in accordance with Section 706 or horizontal assemblies constructed in accordance with Section 711, or both, and shall be in a separate room from the normal power source including transformers and distribution equipment. Power distribution from the emergency source to the emergency transfer switch shall be by an independent route from the normal power source. System supervision with manual start and transfer features shall be provided at the fire command center.

Standby power shall be provided for elevators in accordance with Section 3003. Fuel-fired standby power generator sets and associated fuel storage, including optional landlord- or tenant-owned generator sets, located more than 75 feet above the lowest level of Fire Department vehicle access, requires the approval of the fire code official.

(Ord. 5750 § 3, 2007.)

23.10.403.11 International Building Code Section 403.11 amended – Emergency power loads.

International Building Code Section 403.11 is hereby amended to read as follows:

403.11 Emergency power systems. An emergency power system complying with Table 403(1), and NFPA 70 (National Electrical Code) Article 700 Emergency Standby Power except as designated in Table 403(1), shall be provided. Fire pumps shall comply with NFPA 20 and NFPA 70 Article 695.

403.11.1 Special requirements for emergency power systems. If the emergency power system is a generator set inside a building, the system shall be located in a separate room enclosed with 2-hour fire barriers constructed in accordance with Section 706 or horizontal assemblies constructed in accordance with Section 711, or both, and shall be in a separate room from the normal power source including transformers and distribution equipment. Power distribution from the emergency source to the emergency transfer switch shall be by an independent route from the normal power source. System supervision with manual start and transfer features shall be provided at the fire command center.

Fuel-fired emergency generator sets and associated fuel storage, including optional landlord- or tenant-owned generator sets, located more than 75 feet above the lowest level of Fire Department vehicle access, requires the approval of the fire code official.

(Ord. 5750 § 3, 2007.)

23.10.403.15 International Building Code Section 403.15 added – Smoke control.

International Building Code Section 403 is hereby amended to add a new subsection 403.15 to read as follows:

403.15 Smoke control. A smoke-control system meeting the requirements of Section 909 shall be provided.

(Ord. 5750 § 3, 2007.)

23.10.405.1 International Building Code Section 405.1 amended –General.

International Building Code Section 405.1 is hereby amended to read as follows:

405.1 General. The provisions of this section apply to building spaces having a floor level used for human occupancy more than 30 feet (9,144 mm) below the lowest level of exit discharge.

Exceptions:

1. One- and two-family dwellings, sprinklered in accordance with Section 903.3.1.3.

2. Parking garages with automatic sprinkler systems in compliance with Section 405.3 and pressurized stair enclosures provided with emergency power in compliance with Sections 909.20, 909.20.5, and 909.20.6.

3. Fixed guideway transit systems.

4. Grandstands, bleachers, stadiums, arenas and similar facilities.

5. Where the lowest story is the only story that would qualify the building as an underground building and has an area not exceeding 1,500 square feet (139 m2) and has an occupant load less than 10.

(Ord. 5750 § 3, 2007.)

23.10.405.9 International Building Code Section 405.9 amended – Standby power.

International Building Code Section 405.9 is hereby amended to read as follows:

405.9 Standby power. A standby power system complying with Table 403(1), and NFPA 70 (National Electrical Code) Article 701 Legally Required Standby Power except as designated in Table 403(1), shall be provided.

405.9.1 Special requirements for standby power systems. If the standby system is a generator set inside a building, the system shall be located in a separate room enclosed with 2-hour fire barriers constructed in accordance with Section 706 or horizontal assemblies constructed in accordance with Section 711, or both, and shall be in a separate room from the normal power source including transformers and distribution equipment. Power distribution from the emergency source to the emergency transfer switch shall be by an independent route from the normal power source. System supervision with manual start and transfer features shall be provided at the fire command center.

Fuel-fired standby power generator sets and associated fuel storage, including optional landlord- or tenant-owned generator sets, located at a floor level more than 30 feet below the lowest level of exit discharge requires the approval of the Fire Code Official.

(Ord. 5750 § 3, 2007.)

23.10.405.10 International Building Code Section 405.10 amended – Emergency power.

International Building Code Section 405.10 is hereby amended to read as follows:

405.10 Emergency power. An emergency power system complying with Table 403(1), and NFPA 70 (National Electrical Code) Article 700 Emergency Standby Power except as designated in Table 403(1), shall be provided. Fire pumps shall comply with NFPA 20 and NFPA 70 Article 695.

405.10.1 Special requirements for emergency power systems. If the emergency power system is a generator set inside a building, the system shall be located in a separate room enclosed with 2-hour fire barriers constructed in accordance with Section 706 or horizontal assemblies constructed in accordance with Section 711, or both, and shall be in a separate room from the normal power source including transformers and distribution equipment. Power distribution from the emergency source to the emergency transfer switch shall be by an independent route from the normal power source. System supervision with manual start and transfer features shall be provided at the fire command center.

Fuel-fired emergency generator sets and associated fuel storage, including optional landlord- or tenant-owned generator sets, located at a floor level more than 30 feet below the lowest level of exit discharge requires the approval of the fire code official.

23.10.503 International Building Code Table 503 amended – Allowable height and building areas.

International Building Code Table 503, Allowable Height and Building Areas, is amended to read as follows:

TABLE 503

ALLOWABLE HEIGHT AND BUILDING AREASa

Height limitations shown as stories and feet above grade plane.

Area limitations as determined by the definition of “Area, building,” per story.
GROUP	Hgt (feet) Hgt (S)	TYPE OF CONSTRUCTION
		TYPE I		TYPE II		TYPE III		TYPE IV	TYPE V
		A	B	A	B	A	B	HT	A	B
		UL	160	65	55	65	55	65	50	40
A-1	S A	UL UL	5 UL	3 15,500	2 8,500	3 14,000	2 8,500	3 15,000	2 11,500	1 5,500
A-2	S A	UL UL	11 UL	3 15,500	2 9,500	3 14,000	2 9,500	3 15,000	2 11,500	1 6,000
A-3	S A	UL UL	11 UL	3 15,500	2 9,500	3 14,000	2 9,500	3 15,000	2 11,500	1 6,000
A-4	S A	UL UL	11 UL	3 15,500	2 9,500	3 14,000	2 9,500	3 15,000	2 11,500	1 6,000
A-5	S A	UL UL	UL UL	UL UL	UL UL	UL UL	UL UL	UL UL	UL UL	UL U

Title 23
CONSTRUCTION CODES

Chapter 23.05
CONSTRUCTION CODE ADMINISTRATION

23.05.010 Purpose.

23.05.020 Scope.

23.05.030 Exemption from state notice requirements.

23.05.040 Applicability.

23.05.050 Existing structures.

23.05.060 Definitions.

23.05.070 Authority.

23.05.080 Duties and powers of building official.

23.05.090 Permits required.

23.05.100 Permit issuance.

23.05.105 Construction documents.

23.05.110 Temporary structures and uses.

23.05.120 Fees.

23.05.130 Inspections.

23.05.140 Certificate of occupancy.

23.05.150 Service utilities.

23.05.160 Hearing examiner.

23.05.170 Violations.

23.05.180 Stop work order.

23.05.190 Unsafe structures and equipment.

23.05.200 Partial invalidity.

Chapter 23.10
BUILDING CODE

23.10.010 Amendments and adoptions.

23.10.015 Amendments, additions, or exceptions to the 2006 International Building Code.

23.10.403 International Building Code Table 403(1) added – Standby (legally required) and emergency power.

23.10.403.3.1 International Building Code Section 403.3.1 amended – Type of construction.

23.10.403.10 International Building Code Section 403.10 amended – Standby power.

23.10.403.11 International Building Code Section 403.11 amended – Emergency power loads.

23.10.403.15 International Building Code Section 403.15 added – Smoke control.

23.10.405.1 International Building Code Section 405.1 amended –General.

23.10.405.9 International Building Code Section 405.9 amended – Standby power.

23.10.405.10 International Building Code Section 405.10 amended – Emergency power.

23.10.503 International Building Code Table 503 amended – Allowable height and building areas.

Title 23CONSTRUCTION CODES

Chapter 23.05CONSTRUCTION CODE ADMINISTRATION

23.05.010 Purpose.

23.05.020 Scope.

23.05.030 Exemption from state notice requirements.

23.05.040 Applicability.

23.05.050 Existing structures.

23.05.060 Definitions.

23.05.070 Authority.

23.05.080 Duties and powers of building official.

23.05.090 Permits required.

23.05.100 Permit issuance.

23.05.105 Construction documents.

23.05.110 Temporary structures and uses.

23.05.120 Fees.

23.05.130 Inspections.

23.05.140 Certificate of occupancy.

23.05.150 Service utilities.

23.05.160 Hearing examiner.

23.05.170 Violations.

23.05.180 Stop work order.

23.05.190 Unsafe structures and equipment.

23.05.200 Partial invalidity.

Chapter 23.10BUILDING CODE

23.10.010 Amendments and adoptions.

23.10.015 Amendments, additions, or exceptions to the 2006 International Building Code.

23.10.403 International Building Code Table 403(1) added – Standby (legally required) and emergency power.

23.10.403.3.1 International Building Code Section 403.3.1 amended – Type of construction.

23.10.403.10 International Building Code Section 403.10 amended – Standby power.

23.10.403.11 International Building Code Section 403.11 amended – Emergency power loads.

23.10.403.15 International Building Code Section 403.15 added – Smoke control.

23.10.405.1 International Building Code Section 405.1 amended –General.

23.10.405.9 International Building Code Section 405.9 amended – Standby power.

23.10.405.10 International Building Code Section 405.10 amended – Emergency power.

23.10.503 International Building Code Table 503 amended – Allowable height and building areas.

Title 23
CONSTRUCTION CODES

Chapter 23.05
CONSTRUCTION CODE ADMINISTRATION

Chapter 23.10
BUILDING CODE