Title 21
BUILDINGS AND CONSTRUCTION

Chapters:

21.04 General Provisions

21.06 Construction Administrative Code

21.08 International Building Code

21.10 International Residential Code

21.12 Uniform Housing Code

21.16 International Mechanical Code

21.20 International Fire Code

21.24 Uniform Plumbing Code

21.28 National Fuel Gas Code

21.32 Liquefied Petroleum Gas Code

21.33 Fire-Extinguishing Systems

21.34 Fire Lanes

21.35A Police False Alarms

21.35B Fire Alarm Devices

21.36 International Fuel Gas Code

21.37 Washington State Energy Code

21.38 Washington State Ventilation and Indoor Air Quality Code

21.39 Uniform Code for the Abatement of Dangerous Buildings

21.40 Repealed

21.44 Moving Buildings

21.56 Flood Damage Prevention

21.70 Electrical Code

21.74 Development Fees

Chapter 21.04
GENERAL PROVISIONS*

Sections:

21.04.010 Copies of codes on file.

21.04.015 Purpose.

21.04.020 Interpretation.

21.04.025 Penalty for violation.

* For the statutory provision regarding the adoption of technical codes by reference, see RCW 35A.13.180.

21.04.010 Copies of codes on file.

(a) Pursuant to state law (Chapters 19.27 and 19.27A RCW), the Kirkland building code is the Washington State Building Code as modified in this title. The Washington State Building Code is composed of the following elements, and the city shall at all times keep on file with the city clerk, for reference by the general public, not less than three copies of the codes and resolutions, or parts thereof, as herein adopted by reference, together with the amendments and supplements thereto herein made a part of this title:

(1) International Building Code, issued by the International Code Council, Inc., 2006 Edition;

(2) International Residential Code, issued by the International Code Council, Inc., 2006 Edition;

(3) International Mechanical Code, issued by the International Code Council, Inc., 2006 Edition;

(4) International Fire Code, issued by the International Code Council, Inc., 2006 Edition;

(5) Uniform Plumbing Code, issued by the International Association of Plumbing and Mechanical Officials, 2006 Edition;

(6) National Fuel Gas Code (NFPA 54), issued by the National Fire Protection Association, 2006 Edition;

(7) Liquefied Petroleum Gas Code (NFPA 58), issued by the National Fire Protection Association, 2004 Edition;

(8) International Fuel Gas Code, issued by the International Code Council, Inc., 2006 Edition;

(9) Uniform Housing Code, issued by the International Conference of Building Officials, 1997 Edition;

(10) Uniform Code for the Abatement of Dangerous Buildings, issued by the International Conference of Building Officials, 1997 Edition;

(11) National Electrical Code, issued by the National Fire Protection Association, 2005 Edition;

(12) All amendments, supplements, modifications, exclusions, exemptions and additions to the codes identified in subsections (a)(1) through (8) of this section adopted by the Washington State Building Code Council and published in WAC Title 51, including, but not by way of limitation, Chapters 51-11, 51-13, 51-50, 51-51, 51-52, 51-54, 51-56 and 51-57 WAC.

(b) The copies of codes on file may be placed by the city clerk in the custody of the office of the building official in order to make them more readily available to inspection and use by the general public. (Ord. 4099 § 1, 2007: Ord. 4017 § 1, 2005: Ord. 3946 § 1 (part), 2004)

21.04.015 Purpose.

The purpose of these codes as adopted in this title is to provide for and promote the health, safety and welfare of the general public, and not to create or to otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these codes. (Ord. 3946 § 1 (part), 2004)

21.04.020 Interpretation.

(a) Whenever the following words appear in the codes adopted by reference in this title, they are to be interpreted as follows:

(1) “Administrative authority” as “building official”;

(2) “Chief or director of fire services” as “fire chief”;

(3) “Corporation counsel” as “city attorney or designee”;

(4) “Local zoning code” as the “City of Kirkland Zoning Code, Title 23 of the Kirkland Municipal Code;

(5) “Municipality” and “the jurisdiction” as “the city of Kirkland.”

(b) Whenever reference is made to local authority, codes, jurisdiction and similar concepts, within the codes adopted by reference in this title, interpretations rendered by such reference shall apply to the city jurisdiction and authority. (Ord. 3946 § 1 (part), 2004)

21.04.025 Penalty for violation.

(a) In addition to the administrative remedies provided for in this title, any person found by a court of competent jurisdiction to be in violation of or to have violated any mandatory provision of this title shall be guilty of a misdemeanor. Each day that a violation is found to exist shall be deemed a separate offense.

(b) A person who has previously been convicted of a crime for violation of this title shall be guilty of a gross misdemeanor for any subsequent violation. (Ord. 3946 § 1 (part), 2004)

Chapter 21.06
CONSTRUCTION ADMINISTRATIVE CODE

Sections:

Article I. General

21.06.010 Title.

21.06.015 Purpose.

21.06.020 Scope.

21.06.025 Definitions.

21.06.030 Appendices.

21.06.035 Intent.

21.06.040 Referenced codes.

21.06.045 International Building Code.

21.06.050 International Residential Code.

21.06.055 Mechanical.

21.06.060 Liquid propane gas.

21.06.065 Natural gas.

21.06.070 Plumbing.

21.06.075 Energy.

21.06.080 Ventilation and indoor air quality.

21.06.085 Electrical.

Article II. Applicability

21.06.090 General.

21.06.095 Other laws.

21.06.100 Application of references.

21.06.105 Referenced codes and standards.

21.06.110 Partial invalidity.

21.06.115 Existing structures.

Article III. Building Department

21.06.120 Creation of enforcement agency.

21.06.125 Appointment.

21.06.130 Deputies.

Article IV. Duties and Powers of Building Official

21.06.135 General.

21.06.140 Applications and permits.

21.06.145 Notices and orders.

21.06.150 Inspections.

21.06.155 Identification.

21.06.160 Right of entry.

21.06.165 Department records.

21.06.170 Liability.

21.06.175 Approved materials and equipment.

21.06.180 Used materials and equipment.

21.06.185 Modifications.

21.06.190 Alternative materials, design and methods of construction and equipment.

21.06.195 Research reports.

21.06.200 Tests.

Article V. Permits

21.06.205 Required.

21.06.210 Electrical permit required.

21.06.215 Work exempt from permit.

21.06.220 Emergency repairs.

21.06.225 Repairs.

21.06.230 Application for permit.

21.06.240 Action on application.

21.06.245 Time limitation of application.

21.06.250 Validity of permit.

21.06.255 Permit expiration.

21.06.260 Suspension or revocation.

21.06.265 Placement of permit.

Article VI. Construction Documents

21.06.270 Construction documents.

21.06.275 Information on construction documents.

21.06.280 Fire protection system shop drawings.

21.06.285 Means of egress.

21.06.290 Exterior wall envelope.

21.06.295 Site plan.

21.06.300 Electrical construction documents.

21.06.330 Use of consultants.

21.06.335 Approval of construction documents.

21.06.345 Design professional in responsible charge—General.

21.06.350 Deferred submittals.

21.06.355 Amended construction documents.

21.06.360 Retention of construction documents.

Article VII. Temporary Structures and Uses

21.06.365 General.

21.06.370 Electrical.

21.06.375 Conformance.

21.06.380 Termination of approval.

Article VIII. Fees

21.06.385 Payment of fees.

21.06.390 Schedule of permit fees.

21.06.395 Plan review fees.

21.06.400 Building permit valuations.

21.06.405 Work commencing before permit issuance.

21.06.410 Related fees.

21.06.415 Refunds.

Article IX. Inspections

21.06.420 General.

21.06.425 Preliminary inspections.

21.06.430 Manufacturer’s installation instructions.

21.06.435 Required inspections.

21.06.440 Footing and foundation inspection.

21.06.445 Concrete slab and under-floor inspection.

21.06.450 Lowest floor elevation.

21.06.455 Exterior wall sheathing inspection.

21.06.460 Roof sheathing inspection.

21.06.465 IMC/UPC/GAS/NEC rough in inspection.

21.06.470 Frame inspection.

21.06.475 Flashing and exterior weather barrier inspection.

21.06.480 Lath inspection and gypsum board inspection.

21.06.485 Fire-resistant penetrations.

21.06.490 Energy efficiency inspection.

21.06.495 Electrical.

21.06.500 Reinspection.

21.06.505 Other inspections.

21.06.510 Special inspections.

21.06.515 Final inspection.

21.06.520 Inspection agencies.

21.06.525 Inspection requests.

21.06.530 Approval required.

Article X. Certificate of Occupancy

21.06.535 Use and occupancy.

21.06.540 Certificate issued.

21.06.545 Phased occupancy.

21.06.550 Revocation.

Article XI. Service Utilities

21.06.555 Connection of service utilities.

21.06.560 Temporary connection.

21.06.565 Authority to disconnect service utilities.

Article XII. Appeals

21.06.570 Appeals to hearing examiner.

21.06.572 Limitations on appeals.

21.06.574 When to appeal and appeal fee.

21.06.576 Contents of notice of appeal.

21.06.578 Notice of the appeal hearing.

21.06.580 Participation in the appeal.

21.06.582 Scope of appeal.

21.06.584 Record of appeal hearing.

21.06.586 Decision on the appeal.

21.06.588 Judicial review.

Article XIII. Violations

21.06.590 Unlawful acts.

21.06.595 Notice of violation.

21.06.600 Prosecution of violation.

21.06.605 Violation penalties.

Article XIV. Stop Work Order

21.06.610 Authority.

21.06.615 Issuance.

21.06.620 Investigation fee.

21.06.625 Unlawful continuance.

Article XV. Unsafe Structures and Equipment

21.06.630 Unsafe structures and equipment.

Article I. General

21.06.010 Title.

These regulations shall be known as the construction administrative code of the city of Kirkland, hereinafter referred to as “this chapter.” (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.015 Purpose.

The purpose of this chapter is to provide for the administration, organization and enforcement of the technical codes adopted by the city. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.020 Scope.

(a) This code 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. The provisions of this code shall apply to the administration of the technical codes as adopted by the state of Washington and as listed:

(1) 2006 International Building Code—Chapter 51-50 WAC;

(2) 2006 International Residential Code—Chapter 51-51 WAC;

(3) 2006 International Mechanical Code—Chapter 51-52 WAC;

(4) 2006 National Fuel Gas Code (NFPA 54)—Chapter 51-52 WAC;

(5) 2005 National Electrical Code;

(6) 2004 Liquefied Petroleum Gas Code (NFPA 58)—Chapter 51-52 WAC;

(7) 2006 International Fuel Gas Code—Chapter 51-52 WAC;

(8) 2006 Uniform Plumbing Code—Chapters 51-56 and 51-57 WAC. (Ord. 4099 § 2 (part), 2007: Ord. 4017 § 2, 2005: Ord. 3946 § 1 (part), 2004)

21.06.025 Definitions.

For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section or in the definitions provisions of the technical codes. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

(1) “Action” means a specific response complying fully with a specific request by the jurisdiction.

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

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

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

(5) “Dangerous building code” means the 1997 Uniform Code for the Abatement of Dangerous Buildings promulgated by the International Council of Building Officials as adopted by the jurisdiction.

(6) “Energy code” means the Washington State Energy Code promulgated by the Washington State Building Code Council as adopted by the city.

(7) “Housing code” means the 1997 Uniform Housing Code promulgated by the International Council of Building Officials as adopted by the city.

(8) “IBC” means the latest edition of the International Building Code promulgated by the International Code Council as adopted by the city.

(9) “IMC” means the latest edition of the International Mechanical Code promulgated by the International Code Council as adopted by the city.

(10) “IRC” means the latest edition of the International Residential Code promulgated by the International Code Council as adopted by the city.

(11) “NEC” means the latest edition of the National Electrical Code promulgated by the National Fire Protection Association as adopted by the city.

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

(13) “Shall,” as used in this chapter, is mandatory.

(14) “Technical codes” are the codes, appendices and referenced code standards adopted by the jurisdiction.

(15) “UPC” means the latest edition of the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials as adopted by the jurisdiction.

(16) “Valuation” or “value,” used in computing the plan review and permit (inspection) fees, means the total value of all construction work, including labor and materials, for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, or any other permanent work or permanent equipment.

(17) “VIAQ” means the Washington State Ventilation and Indoor Air Quality Code promulgated by the Washington State Building Code Council, as adopted by the jurisdiction. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.030 Appendices.

Provisions in the appendices of the technical codes shall not apply unless specifically adopted. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.035 Intent.

The purpose of this chapter and the technical codes is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.040 Referenced codes.

The codes listed in Sections 21.06.045 through 21.06.085 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.045 International Building Code.

The provisions of the International Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exceptions:

(1) Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures shall comply with the International Residential Code. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.050 International Residential Code.

The provisions of the International Residential Code for One- and Two-Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress and their accessory structures. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.055 Mechanical.

These provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

Exceptions:

(1) The International Fuel Gas Code—for all installations utilizing natural gas and gaseous hydrogen except those regulated by the IRC and those utilizing LPG.

(2) International Residential Code—for all structures regulated by the IRC except LPG installations.

(3) NFPA 54 and 58—for all LPG installations. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.060 Liquid propane gas.

The provisions of the National Fuel Gas Code and Liquid Petroleum Gas Code (NFPA 54 and 58) shall apply to the installation of all materials and equipment utilizing liquid propane gas. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.065 Natural gas.

The provisions of the International Fuel Gas Code shall apply to the installation of all materials and equipment utilizing natural gas except those regulated by the International Residential Code. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.070 Plumbing.

The provisions of the Uniform Plumbing Code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing and medical gas systems within the city. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.075 Energy.

The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.080 Ventilation and indoor air quality.

The provisions of the Washington State Ventilation and Indoor Air Quality Code shall apply to all matters governing the design and construction of buildings for ventilation and indoor air quality. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.085 Electrical.

The provisions of the National Electrical Code (NEC) shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. (Ord. 4099 § 2 (part), 2007: Ord. 4017 § 3, 2005: Ord. 3946 § 1 (part), 2004)

Article II. Applicability

21.06.090 General.

Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in Chapter 19.27 RCW shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.095 Other laws.

The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.100 Application of references.

References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.105 Referenced codes and standards.

The codes and standards referenced in the technical codes shall be considered part of the requirements of those codes to the prescribed extent of each such reference. Where differences occur between provisions of the technical codes and referenced codes and standards, the provisions of the technical codes shall apply. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.110 Partial invalidity.

In the event that any part or provision of this code or a technical code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.115 Existing structures.

The legal occupancy of any structure existing on the date of adoption of the technical codes shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, or as is deemed necessary by the building official or fire official for the general safety and welfare of the occupants and the public. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article III. Building Department

21.06.120 Creation of enforcement agency.

The building department is hereby created and the official in charge thereof shall be known as the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.125 Appointment.

The building official shall be appointed by the chief appointing authority of the jurisdiction. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.130 Deputies.

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article IV. Duties and Powers of Building Official

21.06.135 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 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. Such policies and procedures shall not have the effect of waiving requirements specifically provided. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.140 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.145 Notices and orders.

The building official shall issue all necessary notices or orders to ensure compliance with this chapter and the technical codes. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.150 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.155 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.160 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.165 Department records.

The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.170 Liability.

The building official or employee charged with the enforcement of this chapter and the technical codes, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code and the technical codes. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 2, 2007: Ord. 3946 § 1 (part), 2004)

21.06.175 Approved materials and equipment.

Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.180 Used materials and equipment.

The use of used materials and building service equipment is permitted when approved by the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.185 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 the code 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.190 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 shall 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.195 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.200 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 jurisdiction. 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. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article V. Permits

21.06.205 Required.

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code or one of 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. A separate permit is required for each building or structure.

Exception: when deemed appropriate by the building official, accessory buildings and structures may be included under the permit of the main building or structure. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.210 Electrical permit 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.

(2) The installation and/or alteration of low voltage systems defined as:

(A) NEC, Class 1 power limited circuits at thirty volts maximum.

(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).

(3) Telecommunications Systems.

(A) Installation of telecommunications systems on the customer side of the network demarcation point for projects greater than ten 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.

(C) The installation of greater than ten outlets and the associated cables along any horizontal pathway from a telecommunications closet to work areas during any continuous ninety-day period requires a permit and inspection.

(D) Backbone installations in multifamily residential dwellings which require penetration of fire barriers, or installation of more than ten 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. (Ord. 4099 § 2 (part), 2007: Ord. 4017 § 4, 2005: Ord. 3946 § 1 (part), 2004)

21.06.215 Work exempt from permit.

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the technical codes or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

(1) Building.

(A) One-story detached accessory structures used as tool and storage sheds, tree-supported play structures, playhouses and similar uses, provided the floor area does not exceed one hundred and twenty square feet.

(B) Fences not over six feet high.

(C) Oil derricks.

(D) Retaining walls which are not over four feet 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 five thousand gallons and the ratio of height to diameter or width does not exceed two to one.

(F) Sidewalks and driveways associated with residential buildings constructed under the provisions of the IRC.

(G) Decks, associated platforms and steps accessory to residential buildings constructed under the provisions of the IRC which are not more than thirty inches above adjacent grade and not over any basement or story below.

(H) In-kind re-roofing of one- and two-family dwellings, provided the roof sheathing is not removed or replaced.

(I) Painting, nonstructural wood or vinyl siding, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

(J) Temporary motion picture, television and theater stage sets and scenery.

(K) Prefabricated swimming pools accessory to a one- and two-family dwelling, which are less than twenty-four inches deep, do not exceed five thousand gallons and are installed entirely above ground.

(L) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

(M) Swings, slides and other similar playground equipment.

(N) Window awnings supported by an exterior wall of one- and two-family dwellings which do not project more than fifty-four inches from the exterior wall and do not require additional support.

(O) Like-for-like replacement of windows in an IRC structure.

(P) Nonfixed and movable cases, counters and partitions not over five feet, nine inches in height.

(Q) Satellite earth station antennas six and one-half feet or less in diameter or diagonal in zones other than residential zones.

(R) Satellite earth station antennas three and one-quarter feet or less in diameter in residential zones.

(S) Video programming service antennas three and one-quarter feet or less in diameter or diagonal dimension, regardless of zone.

(2) Electrical.

(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 fifty amps or less which are like-in-kind in the same location;

(C) Temporary decorative lighting; when used for a period not to exceed ninety days and removed at the conclusion of the ninety-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 fifty 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;

(H) Removal of electrical wiring;

(I) Telecommunication outlet installations within individual dwelling units;

(J) Listed wireless security systems where power is supplied by a listed Class 2 plug-in transformer installed within dwelling units;

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

(L) Portable generators rated at four thousand watts or less;

(M) Travel trailers;

(N) Like-in-kind replacement of a: contactor, relay, timer, starter, circuit board, or similar control component; household appliance; circuit breaker; fuse; residential luminaire; lamp; snap switch; dimmer; receptacle outlet; thermostat; heating element; luminaire ballast with an exact same ballast; component(s) of electric signs, outline lighting, skeleton neon tubing when replaced on-site by an appropriate electrical contractor and when the sign, outline lighting or skeleton neon tubing electrical system is not modified; ten horsepower or smaller motor; and induction detection loops described in WAC 296-46B-300(2) and used to control gate access devices.

(3) Mechanical.

(A) Portable heating, cooking, or clothes drying appliances.

(B) Portable ventilation equipment.

(C) Portable cooling unit.

(D) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

(E) Replacement of any part which does not alter its approval or make it unsafe.

(F) Portable evaporative cooler.

(G) Self-contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one horsepower or less.

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

(4) Plumbing.

(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 code.

(B) The clearing of stoppages.

(C) Reinstallation or replacement of prefabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes. (Ord. 4099 § 2 (part), 2007: Ord. 4017 § 5, 2005: Ord. 3946 § 1 (part), 2004)

21.06.220 Emergency repairs.

Where equipment replacements and equipment repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.225 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.230 Application for permit.

For other than on-line permits, to obtain a permit, the applicant shall first submit a complete application in writing on a form furnished by the building department for that purpose. Such application shall include:

(1) A description of the work to be covered by the permit for which application is made.

(2) The use and occupancy for which the proposed work is intended.

(3) A legal description of the property upon which the project is located.

(4) The street address of the property.

(5) The tax parcel number.

(6) The property owner’s name, address, and phone number.

(7) The prime contractor’s business name, address, phone number, current state contractor registration number.

(8) The valuation of the proposed work.

(9) Proof of a potable water supply for buildings requiring potable water.

(10) Construction documents and other information as required in Article VI.

Exception: The above information is required for building permits, but may not be required for other types of permits such as plumbing, electrical, mechanical, sign, LSM and roofing.

(11) For projects valued at over five thousand dollars, either:

(A) The name, address and phone number of the office of the lender administering the interim construction financing, if any; or

(B) The name, address and phone number of the office of the lender administering the interim construction financing, if any; or the name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than fifty percent of the total amount of the construction project; provided, that if any of this information is not available at the time the application is submitted, the applicant shall so state and the lack of said information shall not cause the application to be deemed incomplete for the purposes of this section. However, the applicant shall provide the remaining information prior to the permit being issued. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.240 Action on application.

(a) The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

(b) Revisions to the submittal documents, not requested by the city, may be accepted by the city, however the revisions may result in additional fees being assessed. Substantial revisions may require a new permit application be submitted as determined by the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.245 Time limitation of application.

An application for a permit for any proposed work shall expire eighteen months after the date of filing. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.250 Validity of permit.

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction 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 where in violation of this code or of any other ordinances of this jurisdiction. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.255 Permit expiration.

(a) Every building permit and its associated ancillary permits issued for an IRC permitted structure or for a tenant space within an existing building shall expire in two years from the date of issuance.

(b) Every LSM permit and every building permit and its associated ancillary permits issued for a commercial, educational, institutional, multifamily, public, industrial or similar structure shall expire in three years from the date of issuance.

(c) Sign permits and electrical, mechanical, and plumbing permits not associated with a building permit shall expire one year from the date of issuance.

(d) The building official may grant a thirty-day extension of time for permits when only the final inspection is remaining and all other work has been approved. (Ord. 4110 § 1, 2007: Ord. 4099 § 2 (part), 2007: Ord. 4017 § 6, 2005: Ord. 4004 § 1, 2005: Ord. 3946 § 1 (part), 2004)

21.06.260 Suspension or revocation.

The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.265 Placement of permit.

The building permit or copy shall be kept on the site of the work until the completion of the project. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article VI. Construction Documents

21.06.270 Construction documents.

Construction documents, statement of special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the state of Washington. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

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 code. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.275 Information on construction documents.

Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.280 Fire protection system shop drawings.

Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the IBC. Shop drawings shall be prepared by a certified individual as required by the state of Washington. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.285 Means of egress.

The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In occupancies within the scope of the International Building Code, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.290 Exterior wall envelope.

Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

Exception: Subject to the approval of the building official, one- and two-family dwellings and private garages may be exempt from the detailing requirements of this section. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.295 Site plan.

The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, significant trees, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.300 Electrical construction documents.

(a) Plan review is a part of the electrical inspection process; its primary purpose is to determine that electrical loads, conductors, and equipment are calculated and sized according to the proper NEC article or section, the classification of hazardous locations, and proper design of emergency and legally required standby systems. Two sets of construction documents shall be submitted with each application for an electrical permit for the following installations:

(1) Installations of services or feeders rated four hundred amperes or over.

Exception: Construction documents shall not be required for one- and two-family dwellings.

(2) Installations of switches or circuit breakers rated four hundred amperes or over.

Exception: Plans and specifications shall not be required for one- and two-family dwellings.

(3) Any proposed installation which cannot be adequately described in the application form.

(4) Installation of electrical generators greater than four thousand watts.

(5) All educational, institutional, and health care or personal care occupancies classified or defined in WAC 296-46B-901(13).

(6) All electrical installations in hazardous areas as defined by the currently adopted National Electrical Code.

(b) Construction documents shall be drawn to a clearly indicated and commonly accepted scale of not less than one-eighth inch to one foot, upon suitable material. Plans shall indicate the nature and extent of the work proposed and shall show in detail that the installation will conform to the provisions of this code. All electrical work shall be readily distinguishable from other mechanical work. If plans are incomplete, unintelligible or indefinite, the building official may reject or refuse to examine such plans or may require the plans to be prepared by a licensed electrical engineer, even though a plan examination fee has been paid.

(c) Classification and definition of educational, institutional, health or personal care and licensed day care occupancies shall be as defined in WAC 296-46B-901(13) and is hereby adopted as part of this code.

(d) All electrical plans for the following installations shall be prepared by, or under the direction of, an 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.

(1) All educational facilities, hospitals and nursing homes;

(2) All services or feeders rated one thousand six hundred amperes or larger;

(3) All installations identified in the National Electrical Code requiring engineering supervision;

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

(e) Construction documents shall include the following information:

(1) The proposed use or occupancy of the various portions of the building or rooms in which the installation is to be made;

(2) A complete riser diagram;

(3) The calculated load schedule and demand factor selected for each branch circuit, feeder, sub-feeder, main feeder and service;

(4) Panel and branch circuit schedules showing individual branch circuit loads, total demand load and connected load;

(5) Fault current calculations and listed interrupting rating for each service and/or feeder;

(6) A key to all symbols used;

(7) Letters and numbers designating mains, feeders, branch circuits and distribution panels;

(8) Wattage, number of sockets and type of lighting fixture;

(9) Wattage and purpose of all other outlets;

(10) Voltage at which the equipment will operate;

(11) Identification of wire sizes, insulation type, conduit type and sizes;

(12) Other information as may be required by the plans examiner. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.330 Use of consultants.

Whenever review of a building permit application requires retention by the jurisdiction for professional consulting services, the applicant may be required to reimburse the jurisdiction the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The jurisdiction may require the applicant to deposit an amount with the jurisdiction estimated in the discretion of the building official to be sufficient to cover anticipated costs to retaining professional consultant services and to ensure reimbursement for such costs. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.335 Approval of construction documents.

When the building official issues a permit, the construction documents shall be approved, in writing, label or by stamp, as “Reviewed By” or other similar words. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be available for inspection by the building official or a duly authorized representative. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.345 Design professional in responsible charge—General.

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 Chapter 17 of the IBC, 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.350 Deferred submittals.

For the purposes of this section, “deferred submittals” are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the 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 deferred submittals under the provisions of this section. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.355 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. Substantial changes may require a new permit be applied for and obtained as determined by the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.360 Retention of construction documents.

One set of approved construction documents shall be retained by the building official for a period of not less than one hundred eighty days from date of completion of the permitted work, or as required by state or local laws. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article VII. Temporary Structures and Uses

21.06.365 General.

The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty days. The building official is authorized to grant extensions for demonstrated cause. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.370 Electrical.

(a) 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 length of time greater than ninety 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.

(b) All such temporary installations shall be made in accordance with the requirements of this code; 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.375 Conformance.

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.380 Termination of approval.

The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article VIII. Fees

21.06.385 Payment of fees.

The fee for each permit shall be as set forth in Chapter 21.74, as now or hereafter amended. A permit shall not be valid until the fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.390 Schedule of permit fees.

On buildings, grading, structures, signs, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the Kirkland city council. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.395 Plan review fees.

When submittal documents are required by Article VI of this chapter, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official may have the option to charge a deposit, in lieu of the full plan review fee, if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual inspection fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Article VI of this chapter, an additional plan review fee shall be charged at the rate shown in Chapter 21.74 established by the Kirkland city council. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.400 Building permit valuations.

The applicant for a permit shall provide an estimated permit value at time of application. The determination of value or valuation under any of the provisions of this code shall be made by the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.405 Work commencing before permit issuance.

Any person who commences any work on a building, structure, gas, mechanical, electrical or plumbing system before obtaining the necessary permits, unless installed under Section 21.06.220, shall be subject to a special investigation fee established by the building official that shall be in addition to the required permit fees. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.410 Related fees.

The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.415 Refunds.

The building official may authorize refunding of not more than eighty percent of the inspection fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than eighty percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize a refund of any fee paid except on written application filed by the original permittee not later than one hundred eighty days after the date of application. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article IX. Inspections

21.06.420 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 code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction 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 jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.425 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.430 Manufacturer’s installation instructions.

Manufacturer’s installation instructions, as required by this code, shall be available on the job site at the time of inspection. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.435 Required inspections.

The building official, upon notification, shall make the inspections set forth in Sections 21.06.440 through 21.06.515. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.440 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.445 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.450 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 R324 shall be submitted to the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.455 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.460 Roof sheathing inspection.

The roof sheathing shall be inspected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.465 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.470 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, fire suppression piping, heating wires, pipes and ducts are approved. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.475 Flashing and exterior weather barrier inspection.

Flashing and exterior weather barrier inspections shall be made after flashing and weather barrier materials have been installed, but prior to any of the work being covered. Subject to the approval of the building official, periodic inspections may be made during the course of construction. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.480 Lath inspection and gypsum board inspection.

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

Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.485 Fire-resistant penetrations.

Protection of joints and penetrations in fire-resistance-rated assemblies shall not be concealed from view until inspected and approved. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.490 Energy efficiency inspection.

(a) Envelope.

(1) 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.

(2) Glazing Inspection. To be made after glazing materials are installed in the building.

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

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

(b) Mechanical.

(1) Mechanical Equipment Efficiency and Economizer. To be made after all equipment and controls required by this code are installed and prior to the concealment of such equipment or controls.

(2) Mechanical Pipe and Duct Insulation. To be made after all pipe, fire suppression piping and duct insulation is in place, but before concealment.

(c) Lighting and Motors.

(1) Lighting Equipment and Controls. To be made after the installation of all lighting equipment and controls required by this code, but before concealment of the lighting equipment.

(2) Motor Inspections. To be made after installation of all equipment covered by this code, but before concealment. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.495 Electrical.

(a) The installation, alteration or extension of any electrical system, fixtures or components for which a permit is required by this code shall be subject to inspection by the building official and such electrical systems, fixtures and components shall remain accessible and exposed for inspection purposes until approved by the building official. It shall be the duty of the permit applicant to cause the electrical systems to remain accessible and exposed for inspection purposes. The city shall not be liable for expense entailed in the removal or replacement of material required to permit 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) 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.

(c) Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the National Electrical Code or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of the National Electrical Code or other ordinances of the city shall not be valid. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.500 Reinspection.

The building official may require a structure or portions of work to be reinspected. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which the inspection was requested is not complete; or when previous corrections called for are not made; or when the approved plans and permit are not on site in a conspicuous or preapproved location; or when the building is not accessible. In instances where reinspection fees have been assessed, no additional inspection of the work shall be provided by the city until the required fees are paid. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.505 Other inspections.

In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the building department. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.510 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 jurisdiction. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.515 Final inspection.

The final inspection shall be made after all work required by the building permit is completed. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.520 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.525 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 is required by this code. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.530 Approval required.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article X. Certificate of Occupancy

21.06.535 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 code or of other ordinances of the jurisdiction. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.540 Certificate issued.

After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building department, the building official shall issue a certificate of occupancy that contains the following:

(1) The building permit number.

(2) The address of the structure.

(3) The name and address of the owner.

(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 code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

(6) The name of the building official.

(7) The edition of the code under which the permit was issued.

(8) The use and occupancy.

(9) The type of construction.

(10) The design occupant load where applicable.

(11) If an automatic sprinkler system is provided, and whether the sprinkler system is required and for what reason.

(12) Any special stipulations and conditions of the building permit.

Exception: For single-family dwellings and type “U” occupancies, the sign off on the building permit inspection record by the city inspector shall serve as the certificate of occupancy. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.545 Phased occupancy.

The building official is authorized to issue a 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.550 Revocation.

The building official is authorized to, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article XI. Service Utilities

21.06.555 Connection of service utilities.

No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until approval is given by the building official. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.560 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.565 Authority to disconnect service utilities.

The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made without the required approval. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article XII. Appeals

21.06.570 Appeals to hearing examiner.

Appeals of orders, decisions and determinations of the building official shall be heard and decided by the city of Kirkland hearing examiner. To the extent the codes adopted by reference in this title refer to a “board of appeals” or a “building board of appeals,” those references shall be deemed to refer to the city of Kirkland hearing examiner. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 4, 2007)

21.06.572 Limitations on appeals.

An appeal under this chapter shall be based on a claim that this code or the technical codes have been incorrectly interpreted, that the provisions of this code or the technical codes do not apply or that an equally good or better form of construction, method of protection or safety is proposed. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 5, 2007)

21.06.574 When to appeal and appeal fee.

An appellant shall file a written appeal of the order, decision or determination of the building official with the Kirkland fire and building department within thirty days of the date of the decision of the building official. There shall not be an appeal fee for appeals of stop work orders or code enforcement orders. For all other matters, the appeal fee shall be one hundred twenty-five dollars and shall accompany the written appeal. Failure to timely file the appeal or pay the appeal fee shall result in dismissal of the appeal. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 6, 2007)

21.06.576 Contents of notice of appeal.

The appeal shall contain a clear reference to the matter being appealed and a statement of the specific elements of the building official’s order, decision or determination disputed by the appellant. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 7, 2007)

21.06.578 Notice of the appeal hearing.

(a) The building official shall prepare a notice of the appeal hearing containing the following:

(1) The file number and a brief description of the matter being appealed;

(2) A statement of the scope of the appeal including a summary of the elements of the building official’s order, decision or determination that are contested in the appeal;

(3) The time and place of the hearing on appeal before the hearing examiner; and

(4) A statement of who may participate in the appeal.

(b) At least fourteen days before the hearing on the appeal, the building official shall send a copy of the notice of appeal hearing to each person who has appealed the building official’s order, decision or determination. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 8, 2007)

21.06.580 Participation in the appeal.

Only those parties who have appealed the building official’s order, decision or determination may participate in the appeal. Appellants may participate in either or both of the following ways:

(1) By submitting written comments or testimony to the hearing examiner prior to the commencement of the hearing; or

(2) By appearing in person, or through a representative, at the hearing. The hearing examiner may reasonably limit the extent of oral testimony or oral argument to facilitate the orderly and timely conduct of the hearing. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 9, 2007)

21.06.582 Scope of appeal.

The appeal will be an open record appeal hearing. The scope of the appeal is limited to the specific elements of the building official’s order, decision or determination disputed by the appellant and the hearing examiner shall only consider comments, testimony and arguments on these specific elements. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 10, 2007)

21.06.584 Record of appeal hearing.

The city shall make an electronic sound recording of the hearing. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 11, 2007)

21.06.586 Decision on the appeal.

The hearing examiner shall consider all information and material within the scope of the appeal submitted by persons entitled to participate in the appeal. Based on the hearing examiner’s findings and conclusions, the hearing examiner may affirm, reverse or modify the order, decision or determination being appealed. The hearing examiner shall issue his or her decision within fifteen days of the appeal hearing. Within four business days after it is issued, the hearing examiner’s decision shall be mailed to the applicant and to each person who has requested notice of the decision. The decision by the hearing examiner is the final decision of the city. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 12, 2007)

21.06.588 Judicial review.

Any judicial appeal of the hearing examiner’s decision shall be reviewed in King County superior court pursuant to Chapter 36.70C RCW, the Land Use Petition Act (“LUPA”). The land use petition must be filed within twenty-one calendar days of the issuance of the hearing examiner’s decision. (Ord. 4099 § 2 (part), 2007: Ord. 4083 § 13, 2007)

Article XIII. Violations

21.06.590 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this chapter or the technical codes. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.595 Notice of violation.

The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this chapter or the technical codes, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.600 Prosecution of violation.

If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this chapter or the technical codes or of the order or direction made pursuant thereto. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.605 Violation penalties.

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this chapter or the technical codes, shall be subject to penalties as prescribed by law. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article XIV. Stop Work Order

21.06.610 Authority.

Whenever the building official finds any work being performed in a manner either contrary to the provisions of this code, any of the technical codes or other pertinent laws or ordinances, the building official is authorized to issue a stop work order. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.615 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. 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. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.620 Investigation fee.

The building official is authorized to assess a special investigation fee for the issuance of a stop work order. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.625 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. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article XV. Unsafe Structures and Equipment

21.06.630 Unsafe structures and equipment.

Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings or the 1997 Edition of the Uniform Housing Code. A vacant structure that is not secured against entry shall be deemed unsafe. (Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Chapter 21.08
INTERNATIONAL BUILDING CODE

Sections:

21.08.010 International Building Code adopted.

21.08.020 IBC Section 403.10.2 amended.

21.08.025 IBC Section 403.15 amended.

21.08.030 IBC Section 405.9 amended.

21.08.035 IBC Section 501.2 amended.

21.08.040 IBC Section 707.2 Exception 2.1 amended.

21.08.055 IBC Section 1608.1 amended.

21.08.060 IBC Section 1704.12 amended.

21.08.075 IBC Chapter 31 amended.

21.08.105 IBC Section J102 amended.

21.08.110 IBC Section J103 amended.

21.08.115 IBC Appendix Section J103.3 added.

21.08.010 International Building Code adopted.

The 2006 Edition of the International Building Code, as adopted by the State Building Code Council in Chapter 51-50 WAC, as published by the International Code Council, excluding Chapter 1, “Administration,” is adopted, together with the following amendments. Further, Appendix Chapter J (Grading) and Appendix Chapter M (Existing Buildings) are specifically adopted as part of the Kirkland Building Code. (Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.020 IBC Section 403.10.2 amended.

Section 403.10.2 of the IBC is amended to read:

403.10.2 Standby power loads. The following are classified as standby power loads:

1. Power and lighting for the fire command center required by Section 403.8;

2. Electrically powered fire pumps;

3. Ventilation and automatic fire detection equipment for smokeproof enclosures;

4. Smoke control systems.

Standby power shall be provided for elevators in accordance with Section 3003.

Fuel-fired emergency generator sets and associated fuel storage, including optional 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. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.025 IBC Section 403.15 amended.

Section 403.15 of the IBC is amended and supplemented by the addition of a new section to read:

403.15 Smoke control. A smoke control system meeting the requirements of Section 909 shall be provided in buildings that exceed ten stories, or contain a use requiring defend-in-place firefighting operations in which occupants of some area cannot readily evacuate that area. This includes portions of facilities housing functions essential to continuity of public safety operations, and Group I and LC Occupancies where in the judgment of the Building Official and Fire Code Official, occupants having limited capacity for self-preservation are located on floors more than 75' above the lowest level of Fire Department vehicle access. A smoke control system for a defend-in-place use may be a performance-based design to protect that use without providing smoke control throughout the entire building, but shall otherwise comply with Section 909.

Exception: Smoke control may be omitted when approved by the Building Official and Fire Code Official.

(Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.030 IBC Section 405.9 amended.

Section 405.9 of the IBC is amended to read:

405.9 Standby Power. A standby power system complying with Section 2702 shall be provided for standby power loads specified in Section 405.9.1.

Fuel-fired emergency generator sets and associated fuel storage, including optional generator sets, located more than 30 feet below the lowest level of exit discharge requires the approval of the Fire Code Official.

(Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.035 IBC Section 501.2 amended.

Section 501.2 of the International Building Code is hereby amended to read:

501.2 Premises Identification. Approved numbers or addresses shall be provided for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers shall be a minimum 4 inches (76 mm) in height and stroke of minimum 0.5 inch (12.7 mm) of a contrasting color to the background itself.

(Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.040 IBC Section 707.2 Exception 2.1 amended.

Section 707.2 Exception 2.1 of the International Building Code is hereby amended to read:

2.1. Where the area of the floor opening between stories does not exceed twice the horizontal projected area of the escalator or stairway and the opening is protected by a draft curtain and closely spaced sprinklers in accordance with NFPA 13. This application is limited to openings that do not connect more than four stories in buildings not required to have smoke control systems. In buildings that are required to have smoke control systems, escalators are limited to openings that do not connect more than four stories and non-egress stairs are limited to openings that do not atmospherically connect more than two stories.

(Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.055 IBC Section 1608.1 amended.

Section 1608.1 of the International Building Code is hereby amended to read:

1608.1 General. Design snow loads shall not be less than 25 psf, but the design roof loads shall not be less than that determined by Section 1607.

(Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.060 IBC Section 1704.12 amended.

Section 1704.12 of the International Building Code is hereby amended to read:

1704.12 Exterior insulation and finish system (EIFS). All exterior insulation finish systems (EIFS) shall be certified by the manufacturer as having been installed per the manufacturer’s installation recommendations or other agency approved by the building official.

Exception: Special inspections shall not be required for EIFS application installed over masonry or concrete walls.

(Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.075 IBC Chapter 31 amended.

Chapter 31 of the IBC is amended and supplemented with the addition of a new Section 3110 to read as follows:

Section 3110 OVERWATER STRUCTURES, PIERS, WHARVES, AND BUILDINGS

IBC 3110.1—General. Overwater structures, piers, wharves and buildings shall comply with the requirements of this section and other applicable sections of this code.

IBC 3110.2—Definitions.

OVERWATER STRUCTURES. For the purpose of this Chapter, overwater structures shall include all structures which have twenty percent (20%) or more of their area over water, or a structure which has 8,000 square feet over water.

DOCK. A dock is a natural open or artificially closed basin in which vessels may remain afloat when berthed at a wharf or pier.

PIER. A pier is a structure, usually of greater length than width, of timber, stone, concrete or other material having a deck, and projecting from the shore into navigable waters so that vessels may be moored alongside for loading and unloading or for storage or repairs.

SUBSTRUCTURE. The substructure is that portion of the construction below and including the deck.

SUPERSTRUCTURE. The superstructure is that portion of the construction above the deck.

WHARF OR QUAY. A wharf or quay is a structure of timber, stone, concrete or other material having a platform built along and parallel to navigable waters so that vessels may be moored alongside for loading and unloading, or for storage or repair.

IBC Section 3110.3—Structures over water.

No portion of any building or other structure supported by piers or piling and extending over water shall be more than two hundred fifty feet from an improved public street or alley giving access thereto for fire engines and other firefighting equipment; provided, however, that the foregoing limitation shall not apply to any one-story structure used solely for the moorage of boats and:

(1) Of type 1 construction; or

(2) Of type 2 construction; or

(3) Having installed throughout the structure an approved automatic sprinkler system.

IBC Section 3110.4—Substructure.

1. Draft Stops. Draft stops shall be installed in all substructures constructed of combustible materials, exclusive of piling and pile bracing. They shall be placed not over one hundred feet (100') apart measured along the main axis of the pier or wharf. They shall fit tightly around all joists, beams, etc., and extend from the underside of the deck to low water with a maximum required depth of 6 feet.

EXCEPTION: Private docks which serve a single family dwelling unit.

Substructure draft stops shall be constructed of not less than two (2) thicknesses of 2" nominal thickness lumber laid with broken joints or materials of equal fire resistance.

2. Automatic Sprinklers. Automatic sprinklers shall be installed under the substructure of every overwater structure in accordance with the requirements of Chapter 9.

EXCEPTIONS: Automatic sprinklers are not required under the following categories of substructure:

a. Combustible substructures having superstructures of 120 square feet or less in area.

b. Noncombustible substructures with or without superstructures.

c. Substructures resulting from walkways or finger piers when width does not exceed 10 feet.

3. Dry Standpipes. When a distance of travel to fire apparatus access exceeds two hundred fifty (250) feet, an approved minimum four (4) inch dry standpipe with two and one-half (2-1/2) inch outlets at a maximum of one hundred (100) feet on center shall be provided. There shall be a Siamese connection at the shore end and direct access for Fire Department pumping apparatus shall be provided. Standards for installation to be set by the Director of Fire Services.

Exception: Piers serving no more than one single-family dwelling.

(Ord. 4099 § 3 (part), 2007: Ord. 4004 § 4, 2005: Ord. 3946 § 1 (part), 2004)

21.08.105 IBC Section J102 amended.

Section J102 of the International Building Code is amended and supplemented by the addition of the following definition:

LAND SURFACE MODIFICATION shall include clearing or removal of trees, shrubs, ground cover and other vegetation, and all grading, excavation and filling of materials. The removal of overhanging vegetation and fire hazards as specified in Chapter 9.12 of the Kirkland Municipal Code and the removal of dead, dangerous, or diseased trees or blackberry vines when authorized by the Building Official shall not be deemed to be a Land Surface Modification.

(Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.110 IBC Section J103 amended.

Section J103 of the International Building Code is amended and supplemented to read:

Section J103. PERMITS REQUIRED. Except as exempted in Section J103.2, no land surface modification shall be performed without first having obtained a permit from the building official.

Section J103.2. Exemptions. A land surface modification permit shall not be required for the following:

1. Land surface modification performed in the normal course of maintaining existing landscaping on a lot associated with an existing building or buildings, provided such work does not modify any drainage course and does not involve more than 50 cubic yards of material in an 12 month period.

2. Any excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid Building Permit. This shall not exempt any fill made with the material from such excavation when the material is removed from the lot or any fill material which is placed on the lot.

3. Cemetery graves.

4. Fill deposited on previously approved disposal sites under the control of other City Administrative Departments.

5. Excavations for wells or tunnels, or utilities or other work supervised by the City of Kirkland.

6. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where a permit has been issued by the State of Washington, Department of Natural Resources.

7. Exploratory excavations under the direction of soil engineers or engineering geologists.

8. Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way.

9. Excavations for utility service connections to serve existing and/or new structures.

10. Correction of drainage problems when supervised by the Department of Public Works; and the installation of approved preliminary plat and short plat improvements as permitted by Section J103.3.

Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction.

(Ord. 4099 § 3 (part), 2007: Ord. 4017 § 7, 2005: Ord. 3946 § 1 (part), 2004)

21.08.115 IBC Appendix Section J103.3 added.

Appendix Section J103.3 of the International Building Code is amended by the addition of a new subsection:

Section J103.3. Permit Issuance. No land surface modification or grading permit shall be issued in the following circumstances:

1. Prior to the approval of a preliminary plat or short plat.

Exception: After the approval of a preliminary plat or short plat, a land surface modification or grading permit may be issued for land surface modification or grading work to be done within rights-of-way, utility easements or access easements as designated on the approved preliminary plat drawings. A limited amount of grading may be permitted and stockpiling of materials on individual lots with the concurrence of the departments that normally review development permit applications. Permits to be issued