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21.40    Repealed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    Repealed.

21.08.110    Repealed.

21.08.115    Repealed.

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.

Repealed by Ord. 4151. (Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.08.110 IBC Section J103 amended.

Repealed by Ord. 4151. (Ord. 4099 § 3 (part), 2007: Ord. 4017 § 7, 2005: Ord. 3946 § 1 (part), 2004)

21.08.115 IBC Appendix Section J103.3 added.

Repealed by Ord. 4151. (Ord. 4099 § 3 (part), 2007: Ord. 3946 § 1 (part), 2004)

Chapter 21.10
INTERNATIONAL RESIDENTIAL CODE

Sections:

21.10.010    International Residential Code adopted.

21.10.020    IRC Table R301.2(1) amended.

21.10.010 International Residential Code adopted.

The 2006 Edition of the International Residential Code, as adopted by the State Building Code Council in Chapter 51-51 WAC, as published by the International Code Council, excluding Chapter 1, “Administration,” is adopted together with Appendix Chapter G “Swimming Pools, Spas and Hot Tubs.” (Ord. 4099 § 4 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.10.020 IRC Table R301.2(1) amended.

IRC Table R301.2(1) is amended to read:

Climatic and Geographic Design Criteria—IRC Table R301.2(1)

Roof and Ground Snow Load	Wind Speedc (mph)	Seismic Design Category	Subject To Damage From			Winter Design Tempd	Ice Barrier Underlayment Required	Flood Hazards	Air Freezing Index	Mean Annual Temp
			Weatheringa	Frost Line Depthb	Termite
25	85	D2	Moderate	12''	Slight to Moderate	27	No	Per Kirkland Municipal Code 21.56	113	52.8

a.    Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., “negligible,” “moderate” or “severe”) for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.

b.    The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.

c.    The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

d.    The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e.    The outdoor design dry-bulb temperature shall be selected from the columns of 97 1/2-percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.

f.    The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.

g.    The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be amended.

h.    In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.”

i.    The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32° Fahrenheit)” at www.ncdc.noaa.gov/fpsf.html.

j.    The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32° Fahrenheit)” at www.ncdc.noaa.gov/fpsf.html.

(Ord. 4099 § 4 (part), 2007)

Chapter 21.12
UNIFORM HOUSING CODE

Sections:

21.12.010    Housing code adopted.

21.12.010 Housing code adopted.

The Uniform Housing Code issued by the International Conference of Building Officials, 1997 Edition, together with amendments and/or additions thereto, is adopted in its entirety by this reference as the housing code for the city except that references to the Uniform Codes shall be replaced with the appropriate technical codes and sections as adopted by this jurisdiction. (Ord. 3946 § 1 (part), 2004)

Chapter 21.16
INTERNATIONAL MECHANICAL CODE

Sections:

21.16.010    International Mechanical Code adopted.

21.16.010 International Mechanical Code adopted.

The 2006 Edition of the International Mechanical Code, as adopted by the State Building Code Council in Chapter 51-52 WAC, as published by the International Code Council, excluding Chapter 1, “Administration,” is adopted. (Ord. 4099 § 5, 2007: Ord. 3946 § 1 (part), 2004)

Chapter 21.20
INTERNATIONAL FIRE CODE

Sections:

21.20.010    International Fire Code adopted.

21.20.015    IFC Section 102.6 amended.

21.20.020    IFC Section 104.10.1 amended.

21.20.025    IFC Section 104.11.2 amended.

21.20.030    IFC Section 105.7.6 amended.

21.20.035    IFC Section 108 amended.

21.20.037    IFC Section 109.3 amended.

21.20.040    IFC Section 202 amended.

21.20.050    IFC Section 308.3.7 amended.

21.20.055    IFC Section 314.4 amended.

21.20.060    IFC Section 508.5 amended.

21.20.065    IFC Section 511 added.

21.20.070    IFC Section 602 amended.

21.20.080    IFC Section 901.7 amended.

21.20.090    IFC Section 903.4 amended.

21.20.105    IFC Section 906.1 amended.

21.20.110    IFC Section 907.15 amended.

21.20.115    IFC Section 1404.5 amended.

21.20.010 International Fire Code adopted.

The 2006 Edition of the International Fire Code, as adopted by the State Building Code Council in Chapter 51-54 WAC as published by the International Code Council, is adopted together with the following amendments. Further, the following Appendix chapters are specifically adopted as part of the Kirkland Fire Code: Appendix Chapter B (Fire Flow Requirements for Buildings) and Appendix Chapter C (Fire Hydrant Locations and Distribution).

FPN: WAC 51-44-0500 identifies that fire apparatus access roads shall be provided and maintained in accordance with locally adopted street, road and access standards and further Sections 501.1.1 through 503.4 are not adopted. The city of Kirkland has established criteria for fire apparatus access roads in Operating Policy #6 which is available on the Internet and at City Hall.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.015 IFC Section 102.6 amended.

Section 102.6 of the International Fire Code is amended to read as follows:

102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as determined or modified by the fire code official. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.020 IFC Section 104.10.1 amended.

Section 104.10.1 of the International Fire Code is amended to read as follows:

104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires or the enforcement of this code as requested by the fire code official.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.025 IFC Section 104.11.2 amended.

Section 104.11.2 of the International Fire Code is amended to read as follows:

104.11.2 Obstructing operations. No person shall obstruct the operations of the fire department in connection with extinguishment, investigation, or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the fire department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.030 IFC Section 105.7.6 amended.

Section 105.7.6 of the International Fire Code is amended to read as follows:

Section 105.7.6 Flammable and combustible liquids.

A construction permit is required:

1. To repair or modify a pipeline for the transportation of flammable or combustible liquids.

2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

3. To install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank.

Exception: A permit is not required for the abandonment or removal of underground storage tanks previously used to store fuel oil for residential heating. It is the property owner’s responsibility to make the decision on how to proceed with abatement.

(Ord. 4099 § 6 (part), 2007: Ord. 4004 § 6, 2005: Ord. 3946 § 1 (part), 2004)

21.20.035 IFC Section 108 amended.

Section 108 of the International Fire Code is amended to read as follows:

Section 108. Appeals. Whenever the Fire Chief disapproves an application or refuses to grant a permit, or when it is claimed that the provisions of the International Fire Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Chief to the City of Kirkland Hearing Examiner, within thirty days from the date of the decision appealed.

(Ord. 4099 § 6 (part), 2007: Ord. 4083 § 14, 2007: Ord. 3946 § 1 (part), 2004)

21.20.037 IFC Section 109.3 amended.

Section 109.3 of the International Fire Code is amended to read as follows:

Section 109.3. Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(Ord. 4099 § 6 (part), 2007: Ord. 4004 § 7, 2005)

21.20.040 IFC Section 202 amended.

Section 202 of the International Fire Code is amended by the addition of a new definition to read as follows:

ICC Electrical Code. Means the most recent edition of the National Electrical Code as adopted and amended by the City of Kirkland.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.050 IFC Section 308.3.7 amended.

Section 308.3.7 of the International Fire Code is amended to read as follows:

Section 308.3.7. Group A occupancies. Open-flame devices shall not be used in a Group A ocupancy.

Exceptions:

1. Open-flame devices are allowed to be used in the following situations, provided approved precautions are taken to prevent ignition of a combustible material or injury to occupants:

1.1. Where necessary for ceremonial or religious purposes in accordance with Section 308.3.5.

1.2. On stages and platforms as a necessary part of a performance in accordance with Section 308.3.6.

1.3. Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected.

2. Heat-producing equipment complying with Chapter 6 and the International Mechanical Code.

3. Gas lights are allowed to be used provided adequate precautions satisfactory to the fire code official are taken to prevent ignition of combustible materials.

4. Except where approved by the fire code official (see also 308.3.1.2).

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.055 IFC Section 314.4 amended.

Section 314.4 of the International Fire Code is amended to read as follows:

Section 314.4. Vehicles. Liquid- or gas-fueled vehicles, fueled equipment, boats or other motorcraft shall not be located indoors except as follows:

1. Batteries are disconnected.

2. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (19 L) (whichever is least).

3. Fuel tanks and fill openings are closed and sealed to prevent tampering.

4. Vehicles, boats or other motorcraft equipment are not fueled or defueled within the building.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.060 IFC Section 508.5 amended.

Section 508.5 of the International Fire Code is amended to read as follows:

Section 508.5. Fire hydrant systems. Fire hydrant systems shall comply with Sections 508.5.1 through 508.5.6.

508.5.1. Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 150 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

1. For Group R-3 and Group U occupancies, the distance requirement shall be 300 feet (91.5 m).

2. For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirements shall be 600 feet (183 m).

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.065 IFC Section 511 added.

A new Section 511 of the International Fire Code is added to read as follows:

Section 511. Emergency Radio Coverage in Buildings

511.1 Building Radio Coverage. Except as otherwise provided no person shall maintain, own, erect, or construct, any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City emergency services workers, including but not limited to firefighters and police officers.

Exceptions:

1. This section shall not apply to single family residential buildings; any building constructed of wood frame; any building thirty-five (35) feet high or less; as long as none of the aforementioned buildings make primary use of metal or concrete construction or contain below grade storage or parking areas. For purposes of this section, parking structures are included in the definition of building, and stair shafts are included in the definition of all parts of a building, but elevators may be excluded.

2. Buildings constructed prior to the implementation of this section shall not be required to comply with public safety radio coverage provisions of this section. However, should exempted structures undergo renovation, restoration, or significant modification to the original structure, exemption from the provisions of this chapter shall not apply.

511.1.1 Adequate Radio Coverage. A minimum signal strength of three (3) micro volts available in all areas of the building when transmitted from the Regional 800 MHz. Radio System. For purposes of this section 90% building coverage is considered to be all areas of the building.

511.1.2 Minimum Signal Strength. A minimum signal strength of one-half (.5) micro volts received by the Regional 800 MHz. Radio System when transmitted from any area of the building.

511.1.3 Frequency Range. The frequency range which must be supported shall be 806 MHz. to 824 MHz. and 851 MHz. to 869 MHz. in all areas of the building. Measurements in buildings for the purpose of this chapter shall be to a portable radio with a half-wave antenna, worn on the belt. The City’s Radio System Manager may designate alternate methods of measuring the signal level, which satisfy appropriate levels of public safety grade coverage.

511.1.4 Testing and Proof of Compliance. Each owner shall submit at least one field test:

1. Prior to occupancy of any newly constructed building.

2. Whenever structural changes occur including additions to buildings that would materially change the original field performance tests.

3. Annually.

4. When repairs or alterations are made to amplification systems.

The performance test shall demonstrate that adequate radio coverage is available in all required areas of the building. At the conclusion of the testing a report shall be submitted to the Fire Code Official which shall verify compliance with Section 511.1 and must include a floor plan identifying the signal strength at various locations of the building. The testing shall be conducted by a consultant approved by the Fire Code Official and shall be done without expense to the City of Kirkland.

511.2 Annual Test. Each owner shall submit on an annual basis to the Fire Code Official required test data demonstrating that adequate radio coverage level is available and maintained in all required areas of the building, or that the installed amplification system functions properly. The annual submittal shall ensure that no structural changes have occurred to the building that would materially change the original field tests.

511.3 Amplification Systems Allowed. Buildings and structures which cannot support the required level of radio coverage shall be equipped with a radiating cable system and/or an internal multiple antenna system with FCC type accepted bidirectional 800 MHz amplifiers, or systems otherwise approved by the City Radio System Manager in order to achieve the required adequate radio coverage. The installed system or systems shall be capable of operating on an independent battery system for a period of at least twelve (12) hours without external power input. The battery system shall automatically charge in the presence of external power input.

511.3.1 Approval Prior to Installation. No amplification system capable of operating on frequencies used by the Regional 800 MHz. Radio System shall be installed without prior coordination and approval of the radio system licensee (The Eastside Public Safety Communications Agency) and any such system must comply any standards adopted by the King County Regional Communications Board.

511.4 Field Testing. Police and Fire Personnel shall at any time have the right to enter onto the property to conduct its own field-testing to be certain that the required level of radio coverage is present.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.070 IFC Section 602 amended.

Section 602 of the International Fire Code is amended to read as follows:

Section 602. Power Tap. A listed device for indoor use consisting of an attachment plug on one end of a flexible cord and two or more receptacles on the opposite end, and has overcurrent protection.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.080 IFC Section 901.7 amended.

Section 901.7 of the International Fire Code is amended to read as follows:

Section 901.7. Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.090 IFC Section 903.4 amended.

Section 903.4 of the International Fire Code is amended to read as follows:

Section 903.4.2. Alarms. Approved audible and visible alarm notification appliances shall be provided for every automatic sprinkler system in accordance with Section 907 and throughout areas designated by the Fire Code Official. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Exception: With approval of the Fire Code Official, interior audible and visible alarm notification appliances may be omitted for approved residential sprinkler systems in 1 or 2 dwelling units if not otherwise specifically required.

Section 903.4.3. Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor.

Exception: When approved by the Fire Code Official in NFPA 13D and NFPA 13R systems.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.105 IFC Section 906.1 amended.

Section 906.1 of the International Fire Code is amended to read as follows:

Section 906.1. Where required. Portable fire extinguishers shall be installed in the following locations.

1. In all Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies.

2. Within 30 feet (9,144 mm) of commercial cooking equipment.

3. In areas where flammable or combustible liquids are stored, used or dispensed.

4. On each floor of structures under construction, except Group R-3 occupancies, in accordance with Section 1415.1.

5. Where required by the sections indicated in Table 906.1.

6. Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the fire code official.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.110 IFC Section 907.15 amended.

Section 907.15 of the International Fire Code is amended to read as follows:

Section 907.15. Monitoring. All required fire alarm systems in new and existing buildings shall be monitored and supervised by a local central station, acceptable to the fire chief, or a proprietary or remote station and shall have a local alarm which will give an audible signal. As of July 1, 1997, all buildings with existing systems must meet the standards of this section, if not specifically required to do so earlier.

Exception: Supervisory service is not required for:

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

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

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.20.115 IFC Section 1404.5 amended.

Section 1404.5 of the International Fire Code is amended to read as follows:

Section 1404.5. Fire watch. When required by the fire code official for building construction or demolition that is hazardous in nature, qualified personnel shall be provided to serve as an on-site fire watch. Fire watch personnel shall be provided with at least one approved means for notification of the fire department and their sole duty shall be to perform constant patrols and watch for the occurrence of fire.

(Ord. 4099 § 6 (part), 2007: Ord. 3946 § 1 (part), 2004)

Chapter 21.24
UNIFORM PLUMBING CODE

Sections:

21.24.010    Uniform Plumbing Code adopted.

21.24.020    UPC Section 1101.11.2.2.2 amended.

21.24.010 Uniform Plumbing Code adopted.

The 2006 Edition of the Uniform Plumbing Code, as adopted by the State Building Code Council in Chapter 51-56 and 51-57 WAC, as published by the International Association of Plumbing and Mechanical Officials, excluding Chapter 1, “Administration,” is adopted, together with Appendix Chapters A “Recommended Rules for Sizing the Water Supply System,” B “Explanatory Notes on Combination Waste and Vent Systems,” I “Installation Standards,” H “Grease Interceptors,” and L “Alternate Plumbing Systems” excluding Sections L5 and L6 of Appendix L and “Private Lawn Sprinkler Head” from Table 6-5. (Ord. 4099 § 7 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.24.020 UPC Section 1101.11.2.2.2 amended.

Section 1101.11.2.2.2 of the UPC is amended to read:

1101.11.2.2.2 Combined System. The secondary roof drains shall connect to the vertical piping of the primary storm drainage conductor downstream of any horizontal offset below the roof. The primary storm drainage system shall connect to the building storm water that connects to an underground public storm sewer. The combined secondary and primary roof drain systems shall be sized in accordance with Section 1106.0 based on double the rainfall for the local area. A relief drain shall be connected to the vertical drain piping using a wye type fitting piped to daylight on the exterior of the building. The piping shall be sized as required for a secondary drain with a 4" maximum.

(Ord. 4099 § 7 (part), 2007)

Chapter 21.28
NATIONAL FUEL GAS CODE

Sections:

21.28.010    National Fuel Gas Code (NFPA 54) adopted.

21.28.010 National Fuel Gas Code (NFPA 54) adopted.

The 2006 Edition of the National Fuel Gas Code, as adopted by the State Building Code Council in Chapter 51-52 WAC, as published by NFPA, is adopted. (Ord. 4099 § 8, 2007: Ord. 3946 § 1 (part), 2004)

Chapter 21.32
LIQUEFIED PETROLEUM GAS CODE

Sections:

21.32.010    Liquefied Petroleum Gas Code (NFPA 58) adopted.

21.32.010 Liquefied Petroleum Gas Code (NFPA 58) adopted.

The 2004 Edition of the Liquefied Petroleum Gas Code, as adopted by the State Building Code Council in Chapter 51-52 WAC, as published by NFPA, is adopted. (Ord. 4099 § 9, 2007: Ord. 3946 § 1 (part), 2004)

Chapter 21.33
FIRE-EXTINGUISHING SYSTEMS

Sections:

21.33.010    Purpose.

21.33.015    Intent.

21.33.020    Scope.

21.33.025    Appeals.

21.33.030    Definitions.

21.33.035    Standards.

21.33.040    Automatic fire-extinguishing systems.

21.33.045    Permissible sprinkler omissions.

21.33.050    Existing buildings.

21.33.055    Operating policies.

21.33.010 Purpose.

The purpose of this chapter is to promote the general public health, safety and welfare by establishing the maximum fire compartment area within unsprinklered buildings and regulating the installation of automatic fire-extinguishing systems. This chapter is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. (Ord. 4099 § 10 (part), 2007: Ord. 3953 § 1 (part), 2004)

21.33.015 Intent.

It is the intent of this chapter to require installation of fire-extinguishing systems so as to protect against safety hazards. These requirements are reasonably related to the hazard posed. Notwithstanding any chapter, ordinance, legislation or other provisions concerning local requirements for fire-extinguishing systems, this chapter shall determine the requirements for fire-extinguishing systems within the city. (Ord. 4099 § 10 (part), 2007: Ord. 3953 § 1 (part), 2004)

21.33.020 Scope.

(a)    General.

(1)    The provisions of this chapter shall apply to new buildings and to existing buildings that are expanded beyond the limits set forth in this chapter. All fire-extinguishing systems required by this chapter shall be installed in accordance with the requirements of this chapter.

(2)    Fire hose threads used for connection to fire-extinguishing systems by the fire department shall be National Standard Hose Threads (NST).

(3)    In buildings used for high-piled combustible storage, fire protection shall be in accordance with Chapter 23 of the currently adopted edition of the International Fire Code.

(4)    The occupancy classifications used in this chapter are the same as those used in the building code adopted by reference in this title.

(b)    Approvals. All fire-extinguishing systems including automatic sprinkler systems, combined systems, and special automatic extinguishing systems shall be approved and shall be subject to such periodic tests as may be required by the fire chief. The location of all fire department hose connections shall be approved by the fire chief. The connection to a public water supply and cross-connection control shall be approved by the appropriate water purveyor. (Ord. 4099 § 10 (part), 2007: Ord. 3953 § 1 (part), 2004)

21.33.025 Appeals.

Appeals from any ruling made under this chapter may be made to the city of Kirkland hearing examiner. Procedural rules concerning appeals shall be as provided in Chapter 21.06. (Ord. 4099 § 10 (part), 2007: Ord. 4083 § 15, 2007: Ord. 3953 § 1 (part), 2004)

21.33.030 Definitions.

For the purpose of this chapter, certain terms are defined as follows:

(1)    “Automatic fire-extinguishing system” is an approved system of devices and equipment which automatically detects a fire and discharges an approved fire-extinguishing agent onto or in the area of a fire.

(2)    “Combined system” is a system of water piping which serves two-and-one-half-inch hose outlets for use by the fire department and also supplies water for fire sprinklers.

(3)    “Fire department hose connection” is a connection through which the fire department can pump water.

(4)    “Floor area, gross” shall be defined as the floor area whether above or below grade within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of the interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts. Gross floor area shall also not include limited access areas such as vented crawl spaces and attics. (Ord. 4099 § 10 (part), 2007: Ord. 3953 § 1 (part), 2004)

21.33.035 Standards.

(a)    Fire-extinguishing systems shall comply with IFC Standards as described in Chapter 9 of the currently adopted edition of the International Fire Code.

(b)    Exceptions.

(1)    Automatic fire-extinguishing systems not covered by IFC Standards as described in Chapter 9 of the currently adopted edition of the International Fire Code shall be approved and installed in accordance with the fire code.

(2)    Automatic sprinkler systems may be connected to the domestic water supply main when approved by the fire chief; provided, the domestic water supply system is of adequate pressure, capacity and sizing for the combined domestic and sprinkler requirements. In such case the connection shall be made between the public water main or meter and the building shutoff valve, and there shall not be intervening valves or connections.

(3)    The fire department connection may be omitted when approved by the fire chief. (Ord. 4099 § 10 (part), 2007: Ord. 3953 § 1 (part), 2004)

21.33.040 Automatic fire-extinguishing systems.

(a)    Where Required. An automatic fire-extinguishing system shall be installed in all structures as set forth in this section and as described in Chapter 9 of the currently adopted editions of both the International Fire Code and the International Building Code as amended and adopted by the state of Washington. For the purposes of this section, fire barriers and fire walls of any type do not constitute separate buildings.

(b)    All Occupancies. An automatic sprinkler system shall be installed in the following buildings or structures:

(1)    In all newly constructed buildings with a gross floor area of five thousand or greater square feet, regardless of type or use, as well as zero lot line townhouses with an aggregate area of all connected townhouses five thousand square feet or greater;

(2)    When it is determined by the fire chief that access for fire department or fire flow is not adequate;

(3)    In Group E occupancies as required by WAC 51-50-0903;

(4)    All buildings or structures supported by piers or piling which extend over water.

Exception: Any one-story structure used solely for the moorage of boats or having Type I F.R. or II F.R. construction throughout need not have a sprinkler system installed unless otherwise required by other provisions of this chapter;

(5)    Other buildings and/or structures as specified in rules promulgated by the fire chief. (Ord. 4099 § 10 (part), 2007: Ord. 3953 § 1 (part), 2004)

21.33.045 Permissible sprinkler omissions.

Subject to the approval of the fire chief, sprinklers may be omitted in rooms or areas as described in Chapter 9 of the currently adopted edition of the International Fire Code. (Ord. 4099 § 10 (part), 2007: Ord. 3953 § 1 (part), 2004)

21.33.050 Existing buildings.

(a)    Existing buildings that would be required to install an automatic sprinkler system, if new, shall comply with this section when an addition is made to the building.

(b)    Any existing building required to install an automatic sprinkler system under the provisions of this section shall install such system throughout the entire building. Subject to the approval of the fire chief, a phasing plan of up to five years is permitted.

(c)    Exceptions.

(1)    Areas of existing buildings may be increased by up to twenty-five percent, not to exceed five thousand square feet.

(2)    Existing buildings with a total area less than five thousand square feet may be increased up to five thousand square feet and twenty-five percent in additional area.

This exception shall be used one time only and acknowledgment of its use shall be recorded to run with the property title prior to permit issuance. (Ord. 4099 § 10 (part), 2007: Ord. 3953 § 1 (part), 2004)

21.33.055 Operating policies.

The fire chief shall develop and publish operating policies for the installation of automatic fire-extinguishing systems. The operating policies shall indicate the type and configuration of systems based on, but not limited to, occupancy type, location and water availability. The operating policies shall be developed from nationally recognized standards and local conditions. No less than three copies shall be available for public inspection and review in the fire department office. The fire chief may offer the operating policies for sale at a reasonable cost to cover printing and handling. (Ord. 4099 § 10 (part), 2007: Ord. 3953 § 1 (part), 2004)

Chapter 21.34
FIRE LANES

Sections:

21.34.010    Definition—Fire lane.

21.34.015    Duty to establish.

21.34.020    Duty of fire department.

21.34.025    Failure to comply—Lien on property.

21.34.030    Notice of lien—Form—Enforcement.

21.34.035    Duty to honor designated fire lanes.

21.34.040    Enforcement.

21.34.045    Duty of owner to report violations.

21.34.010 Definition—Fire lane.

“Fire lane” means a parcel of land designated and maintained by the owner to provide access to a building from an improved public street, for firefighting and other emergency equipment and personnel. (Ord. 3946 § 1 (part), 2004)

21.34.015 Duty to establish.

It shall be the duty of the owner, or designated agent, of any commercial property to designate and maintain at all times any required fire lanes appurtenant to structures. Designation and maintenance shall include the installation and maintenance of signs identifying the fire lane. The signs shall be in a format approved by the fire chief.

(1)    Designated fire lanes serving single-family residences shall be maintained at all times.

(2)    Any duties imposed upon “owner” within this chapter shall be imposed upon each owner, in reference to single-family residences serviced by a designated fire lane. Likewise, any charge or lien authorized against an owner in this chapter shall be authorized against each such owner on an apportioned basis. (Ord. 3946 § 1 (part), 2004)

21.34.020 Duty of fire department.

Whenever it may come to the attention of the fire chief, any employee, or officer of the fire department that a required fire lane has either not been designated or is not being maintained as required, the fire chief shall:

(1)    Cause notice to be given to the owner of said property or designated agent that failure to designate and maintain a fire lane is a violation of this chapter, and that such violation shall be corrected within thirty days of the date of such notice, and in the event the violation continues beyond the thirty-day period, that the fire department may commence enforcement proceedings by issuing a citation or coming on to the

property of the violator and designate and sign the required fire lane.

(2)    Whenever notice of violation is given to a property owner, under the provisions of this section, such notice shall be in writing and shall be served upon the property owner by mailing to the owner at the address as it appears on the property tax rolls maintained in the office of the King County assessor and by posting a copy of said notice in a conspicuous place on the premises where the violation is occurring. (Ord. 3946 § 1 (part), 2004)

21.34.025 Failure to comply—Lien on property.

Any expense reasonably incurred by the city, as a result of the fire department carrying out its duty imposed by Section 21.34.020, shall become a charge against the owner of the property and a lien against the property. (Ord. 3946 § 1 (part), 2004)

21.34.030 Notice of lien—Form—Enforcement.

The notice of lien hereinbefore provided shall be substantially the same form as provided by law for liens for labor and material in the state, shall be filed with the same officer within the same time and manner and enforced and foreclosed as is provided by state law for liens of labor and material. (Ord. 3946 § 1 (part), 2004)

21.34.035 Duty to honor designated fire lanes.

It is unlawful for any person to cause or allow any vehicle or other impeding object to remain in a designated fire lane. Any person who fails to meet the duty imposed by this section is guilty of a misdemeanor; provided, that if the object violating this section is a motor vehicle licensed or registered under RCW Title 46, the violation is a traffic infraction. (Ord. 3946 § 1 (part), 2004)

21.34.040 Enforcement.

(a)    The police department is authorized to impound any motor vehicle or impeding object remaining in a designated fire lane.

(b)    The cost of impoundment shall be charged to the registered owner of any motor vehicle in violation of Section 21.34.035 of this chapter.

(c)    The cost of impounding an impeding object other than a motor vehicle, left in a designated fire lane in violation of Section 21.34.035 shall be charged to the person found, through investigation by the police department, to be responsible for such violation. (Ord. 3946 § 1 (part), 2004)

21.34.045 Duty of owner to report violations.

It shall be the duty of the owner of real property or such owner’s designated agent to immediately report any known violations of Section 21.34.035. A violation of this section shall constitute a misdemeanor. (Ord. 3946 § 1 (part), 2004)

Chapter 21.35A
POLICE FALSE ALARMS

Sections:

21.35A.010    Purpose.

21.35A.020    Definitions.

21.35A.030    Administration.

21.35A.040    Registration required.

21.35A.050    Registration fees.

21.35A.060    False alarm fees.

21.35A.070    Fees—Exemptions.

21.35A.080    Failure to pay fees.

21.35A.090    Corrective action.

21.35A.100    Service suspension—Level I.

21.35A.110    Service suspension—Level II.

21.35A.120    Service suspension—Level III.

21.35A.130    Exemptions.

21.35A.140    Effect of service suspension.

21.35A.150    Verification required.

21.35A.160    Administrative appeals.

21.35A.170    Change of alarm business.

21.35A.180    Prohibited acts.

21.35A.010 Purpose.

It is the intent of this chapter to reduce the number of false alarms occurring within the city and recover city expenses associated with police responses to false alarms. (Ord. 4042 § 1 (part), 2006)

21.35A.020 Definitions.

For the purpose of this chapter, the following words and terms shall have the meaning ascribed to them below unless the context in which they are used clearly indicates otherwise:

(1)    “Alarm business” shall mean a business operated by any individual, partnership, corporation, or other entity selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving, or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, or installed any alarm system on real property.

(2)    “Alarm monitoring company” shall mean a business operated for the purpose of monitoring the electronic transmission of an alarm signal when activated.

(3)    “Alarm system” shall mean any system, device, or mechanism which, when activated, transmits an electronic signal to a private monitoring company or some other telephone number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a vehicle or a medical alarm.

(4)    “Alarm user” shall mean the person, firm, partnership, association, corporation, company, entity, or organization of any kind that has an alarm system installed in or on their premises.

(5)    “Alarmed premises” shall mean any enclosed or open area and/or any portion of an area protected by an alarm system.

(6)    “Burglary alarm system” shall mean an alarm system designed or used for detection and reporting of an unauthorized entry or attempted unauthorized entry upon real property protected by the system.

(7)    “Communication center” shall mean the Kirkland police department communication center.

(8)    “Corrective action report” shall mean a report, supplied by the city of Kirkland, requesting the alarm user to detail what steps were taken to correct an improperly functioning alarm.

(9)    “Duress/panic alarm system” shall mean an alarm system designed or used for alerting police or medical personnel of the need for immediate assistance or aid in order to avoid injury, personal physical harm or other crimes against a person. Duress/panic alarms are commonly secondary features of burglary alarm systems.

(10)    “Entity” shall mean alarm user.

(11)    “False alarm” shall mean the activation of any burglary, robbery, duress/panic alarm system when no crime is being committed or attempted upon a person, real, or other property or when no medical emergency exists. An alarm shall be presumed to be false if the responding police officers do not locate any evidence of an intrusion or commission of an unlawful act or emergency on the premises which might have been a legitimate cause for the alarm to activate. This does not include alarms caused by violent acts of nature or other extraordinary circumstances not reasonably subject to control by the alarm user or alarm business.

(12)    “Managing employee” shall mean the finance and administration licensing employee assigned to administer the false alarm program.

(13)    “Probationary period” or “probation” shall mean a six-month period following any service suspension during which if a false alarm is received the alarm user is moved to the next service suspension level.

(14)    “Robbery alarm system” shall mean an alarm system designed or used for alerting others of a robbery or other crime in progress which involves potential serious bodily injury or death.

(15)    “Service suspension” shall mean a period of time when the Kirkland police department will not respond to reports of property-related alarms.

Three separate service suspension levels exist:

(A)    Level I. A ninety-day service suspension for a site not currently on probation which has experienced six or more false alarms in a twelve-month period. This is followed by a six-month probation period.

(B)    Level II. A three-hundred-sixty-five-day service suspension for a site which has experienced a false alarm while on a Level I six-month probationary period. This is followed by a six-month probation period.

(C)    Level III. A permanent service suspension for a site which has experienced a false alarm during the six-month Level II probationary period.

(16)    “System subscriber” shall mean a person, corporation, firm, partnership, association, company, organization, or other business entity who purchased, owns, or contracts for the use of any alarm system.

(17)    “Verification” shall mean an independent method of authentication, used by the alarm monitoring company to determine that a signal from an automatic alarm system reflects the true need for an immediate police response. (Ord. 4042 § 1 (part), 2006)

21.35A.030 Administration.

(a)    The false alarm program shall be overseen by the managing employee. Personnel and volunteers may be assigned to this program as needed and will answer to the managing employee regarding the activities associated with this program.

(b)    The managing employee shall coordinate the maintenance of records and correspondence necessary to support the false alarm program.

(c)    The managing employee shall ensure the communication center has an accurate and current list of alarm system suspension sites at all times. This list will designate the premises name, address, and clearly note the period of service suspension and any other pertinent information as determined by the managing employee.

(d)    The managing employee or their supervisor and the police chief or designee are the only individuals authorized to exercise discretion in administration of any portion of this program. (Ord. 4042 § 1 (part), 2006)

21.35A.040 Registration required.

(a)    After July 1, 2006, no person or entity shall operate or use an alarm system on any premises within the city of Kirkland, without first having obtained an alarm permit from the city of Kirkland licensing staff. A separate alarm permit shall be required for each premises protected by an alarm system.

(b)    The police department may not respond to an alarm system for which a permit has not been obtained.

(c)    For the purposes of this section, a person or entity shall be deemed to be an operator or user of an alarm system if:

(1)    The person or entity controls both the alarm system and the premises upon which it is installed;

(2)    The person or entity controls the premises and is the subscriber, client or tenant of the alarm system provider; or

(3)    The person or entity is the system subscriber or alarm user.

(d)    All persons required to obtain a permit must complete an application on a form approved by the licensing staff and pay the fee as determined by this chapter. All alarm systems require an annual renewal of registration and payment of associated fees. All applications shall include the following information and such other information as may be prescribed by the licensing staff:

(1)    The system subscriber and/or alarm user’s name, addresses and telephone number(s);

(2)    Names and telephone number(s) of three additional persons designated to respond in the event of alarm activation in the absence of the system subscriber or alarm user. Said persons must be capable of providing access to the premises and be able to deactivate the alarm;

(3)    The electrical inspection permit number for the alarm system;

(4)    The name of the alarm business responsible for regular alarm system maintenance and the company’s electrical contractor’s license number;

(5)    The information required in subsection (d)(3) of this subsection shall not apply to existing alarms or alarms that are installed in multiple-tenant buildings.

(e)    Failure to provide all required information will result in automatic denial of the permit and may result in no police response to alarm activations at the alarmed premises. (Ord. 4042 § 1 (part), 2006)

21.35A.050 Registration fees.

(a)    In addition to other fees set forth in this chapter, the following fees shall be assessed against the alarm user by the city:

Initial alarm registration	$20.00
Annual renewal of alarm registration	$20.00

(b)    All fees shall be collected by the department of finance and administration licensing staff. (Ord. 4042 § 1 (part), 2006)

21.35A.060 False alarm fees.

Within a twelve-month period the following false alarm fees will be assessed:

Second False Alarm	$50.00
Third False Alarm	$100.00
Fourth False Alarm	$150.00
Fifth False Alarm	$200.00

(Ord. 4042 § 1 (part), 2006)

21.35A.070 Fees—Exemptions.

The following persons shall be exempt from fees imposed under Sections 21.35A.050 and 21.35A.060:

Persons over the age of sixty-two that reside within alarmed premises where no business activities are conducted are exempt from the fees imposed by this chapter. (Ord. 4042 § 1 (part), 2006)

21.35A.080 Failure to pay fees.

Failure by any person, firm, partnership, association, corporation, company or organization to pay any fees imposed under this chapter shall result in a service suspension until the fee is paid. Payment must be made to the city of Kirkland licensing staff within fifteen business days of the postmark date of the notice to pay that was mailed by the city. All such notices shall state that failure to pay the fee will result in service suspension. (Ord. 4042 § 1 (part), 2006)

21.35A.090 Corrective action.

(a)     After the first false alarm during a twelve-month period, a letter shall be mailed to the alarm user detailing the false alarm program requirements and fees.

(b)    After the second false alarm during a twelve-month period, a reminder letter detailing the false alarm program requirements and an invoice for fifty dollars shall be mailed to the alarm user.

(c)    After the third false alarm during a twelve-month period, a corrective action report will be provided to the alarm user by the licensing staff along with an invoice for one hundred dollars. Failure by the alarm user to respond to the corrective action report within fifteen business days from the date of the postmark on the notice sent by the city will result in a service suspension until such time as the fee and corrective action report response is received. The managing employee will notify the police communications center of the service suspension and effective dates.

(d)    After the fourth false alarm during a twelve-month period, a reminder letter detailing the false alarm program requirements and an invoice for one hundred fifty dollars shall be mailed to the alarm user.

(e)    After the fifth false alarm during a twelve-month period, a letter along with an invoice for two hundred dollars shall be delivered by certified mail to the alarm user informing them that service suspension will occur if there is one more false alarm during the twelve-month period.

(f)    Following the sixth false alarm in a twelve-month period, the managing employee or their supervisor, with the approval of the police chief or designee, will set a service suspension date. (Ord. 4042 § 1 (part), 2006)

21.35A.100 Service suspension—Level I.

The following provisions and procedures shall apply to Level I service suspensions:

(1)    Except as otherwise provided in this chapter, the police department will not respond to an alarm activation during the ninety-day period beginning from the first date of service suspension.

(2)    The alarm user shall be provided written notice by certified mail of the service suspension date prior to implementation of said suspension.

(3)    The alarm user will be provided a blank corrective action report prior to the expiration of the service suspension period. Failure by the alarm user to respond to the corrective action report prior to the expiration of the suspension period will result in continued service suspension until such time as the corrective action report is received by the licensing staff. The alarm user shall be notified of the consequences of failing to submit the corrective action report at the time the alarm user is provided the corrective action report.

(4)    If the corrective action report has not been received by the licensing staff prior to the expiration of the ninety-day service suspension, the managing employee will contact the alarm user to determine the status of the report and advise them that service will not be restored until the report is received.

(5)    Upon the expiration of the ninety-day service suspension, the alarm user will be placed on a six-month probationary period. (Ord. 4042 § 1 (part), 2006)

21.35A.110 Service suspension—Level II.

The following provisions and procedures shall apply to Level II service suspensions:

(1)    Except as otherwise provided in this chapter, the police department will not respond to an alarm activation during the three-hundred-sixty-five-day period beginning from the first date of service suspension.

(2)    After the first false alarm while on Level I probation, the managing employee or their supervisor with the approval of the police chief or designee will set a three-hundred-sixty-five-day service suspension.

(3)    The alarm user shall be provided written notice by certified mail of the service suspension date prior to implementation of said suspension.

(4)    The alarm user will be provided a blank corrective action report prior to the expiration of the service suspension period. Failure by the alarm user to respond to the corrective action report prior to expiration of the suspension period will result in continued service suspension until such time as the corrective action report is received by the licensing staff. The alarm user shall be notified of the consequences of failing to submit the corrective action report at the time the alarm user is provided the corrective action report.

(5)    Prior to the expiration of the three-hundred-sixty-five-day service suspension period, the managing employee will verify whether a completed corrective action report has been submitted by the alarm user. If not, the managing employee will contact the alarm user to determine the status of the report.

(6)    Upon the expiration of the three-hundred-sixty-five-day service suspension period, the alarm user will be placed on a six-month probationary period. (Ord. 4042 § 1 (part), 2006)

21.35A.120 Service suspension—Level III.

The following provisions and procedures shall apply to Level III service suspensions:

(1)    Except as otherwise provided in this chapter, the police department will not respond to an alarm activation from the first date the permanent service suspension goes into effect.

(2)    After the first false alarm while on Level II probation, the managing employee or their supervisor with the approval of the police chief or designee will set a permanent service suspension date.

(3)    The alarm user shall be provided written notice by certified mail of the permanent service suspension date prior to implementation of said suspension. (Ord. 4042 § 1 (part), 2006)

21.35A.130 Exemptions.

The managing employee may, in his or her discretion, not include false alarm activations generated by a newly installed and registered alarm system during the first five business days immediately following the initial installation thereof. (Ord. 4042 § 1 (part), 2006)

21.35A.140 Effect of service suspension.

Suspension of response under this chapter shall apply only to burglary and property alarms and shall not apply to any robbery, panic, or duress alarms. However, all such alarms shall be counted in determining the total number of false alarms received. (Ord. 4042 § 1 (part), 2006)

21.35A.150 Verification required.

No alarm monitoring company or business shall contact the licensing staff or the police communications center to report an alarm activation unless a verification procedure has been utilized by said company to ascertain whether the activation is a false alarm. Verification shall not be required on robbery, duress, or panic alarm activations.

At a minimum, the verification procedure shall consist of:

(1)    Attempt by the alarm business or alarm monitoring company to call the alarm site to determine if the alarm was accidentally activated by an authorized occupant of the building;

(2)    Calling an emergency contact to determine if there should be an individual at the premises at the time the alarm was activated; or

(3)    Audibly or visually monitor the premises utilizing electronic means. (Ord. 4042 § 1 (part), 2006)

21.35A.160 Administrative appeals.

(a)    An alarm user may appeal the validity of a false alarm determination to the city hearing examiner. The request for an appeal must be in writing and filed with the city clerk within fifteen business days of the postmark on the notice that was sent by the city. Failure to contest the false alarm determination in the required time period shall result in a presumption that the alarm was false.

(b)    Failure to appear at the hearing set in response to an appeal will result in the appellant being responsible for all costs incurred.

(c)    The appeal hearing shall be before the hearing examiner and a written transcript or tape recording of the proceedings shall be kept. The alarm user and the city shall have the right to present written and oral evidence and call witnesses. If the hearing examiner determines that the activation was a valid alarm, the hearing examiner shall order the false alarm designation removed from the alarm user’s record. If the false alarm designation is determined to be valid, the designation shall be entered upon the alarm user's record and the licensing staff shall pursue collection of any penalties or fees. In either case, the hearing examiner shall enter written findings setting forth the basis for his or her decision. (Ord. 4042 § 1 (part), 2006)

21.35A.170 Change of alarm business.

If an alarm user changes the alarm business or alarm monitoring company in an effort to remedy false alarms or a service suspension, all response services by the police department will be reinstated when all fees have been paid and the alarm user has re-registered with the city. (Ord. 4042 § 1 (part), 2006)

21.35A.180 Prohibited acts.

No person or entity shall:

(1)    Operate or use an alarm system, which emits an audible sound where such emission does not automatically cease within fifteen minutes. Any alarm system which does not meet the requirements of this subsection or which, because of repeated audible activations, significantly disturbs the peace of the neighborhood, shall be deemed to be a nuisance. In those incidents when the alarm is declared a nuisance, and no other alternatives exist, the police department may disable the alarm without prior notice.

(2)    Use an alarm system to protect more than one licensed business or private residence without receiving a separate alarm permit for such business or private residence.

(3)    Operate or use any alarm system for which the registration or service response has been suspended.

(4)    Operate or use any alarm system that automatically dials the police department directly and delivers a pre-recorded message. The police department may not respond to an alarm of this type. (Ord. 4042 § 1 (part), 2006)

Chapter 21.35B
FIRE ALARM DEVICES

Sections:

21.35B.010    Automatic linkage to fire department prohibited.

21.35B.015    Violation—Penalty.

21.35B.010 Automatic linkage to fire department prohibited.

The installation or use of any electric, electronic or mechanical alarm device which gives automatic notice to the communications center of the Kirkland fire department on emergency or business telephone numbers is prohibited. Individuals, agencies or companies may use the special telephone line for automatic notification when approved by the director of fire services. This provision specifically includes devices utilizing the public telephone system. (Ord. 3946 § 1 (part), 2004)

21.35B.015 Violation—Penalty.

Violators of Section 21.35B.010 shall be subject to the enforcement provisions of this title. (Ord. 3946 § 1 (part), 2004)

Chapter 21.36
INTERNATIONAL FUEL GAS CODE

Sections:

21.36.010    International Fuel Gas Code adopted.

21.36.010 International Fuel Gas Code adopted.

The 2003 Edition of the International Fuel Gas Code, as adopted by the State Building Code Council in Chapter 51-52 WAC, as published by the International Code Council, excluding Chapter 1, “Administration,” is adopted. (Ord. 3946 § 1 (part), 2004)

Chapter 21.37
WASHINGTON STATE ENERGY CODE

Sections:

21.37.010    Washington State Energy Code adopted.

21.37.010 Washington State Energy Code adopted.

The Washington State Energy Code, as adopted by the State Building Code Council in Chapter 51-11 WAC, and hereafter amended, is adopted. (Ord. 4099 § 11, 2007: Ord. 3946 § 1 (part), 2004)

Chapter 21.38
WASHINGTON STATE VENTILATION AND INDOOR AIR QUALITY CODE

Sections:

21.38.010    Washington State Ventilation and Indoor Air Quality Code adopted.

21.38.010 Washington State Ventilation and Indoor Air Quality Code adopted.

The Washington State Ventilation and Indoor Air Quality Code, as adopted by the State Building Code Council in Chapter 51-13 WAC, and hereafter amended, is adopted. (Ord. 4099 § 12, 2007: Ord. 3946 § 1 (part), 2004)

Chapter 21.39
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS

Sections:

21.39.010    Uniform Code for the Abatement of Dangerous Buildings adopted.

21.39.015    Service of notice and order.

21.39.020    Report on costs and expenses.

21.39.025    Collection of assessment.

21.39.010 Uniform Code for the Abatement of Dangerous Buildings adopted.

The Uniform Code for the Abatement of Dangerous Buildings issued by the International Conference of Building Officials, 1997 Edition, together with amendments and/or additions thereto, is adopted in its entirety by this reference as the dangerous buildings code for the city except that references to the Uniform Codes shall be replaced with the appropriate technical codes and sections as adopted by this jurisdiction. (Ord. 3946 § 1 (part), 2004)

21.39.015 Service of notice and order.

Section 401.3 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

The notice and order and any amended or supplemental notice and/or order shall be served upon the record owner and posted on the property.

The record owner for the purposes of the procedures of this chapter shall be the person listed in the records of the King County Department of Finance for the purposes of mailing real property tax statements. The Building Official shall also serve one copy on each of the following, if known to the Building Official or disclosed from the records of the King County Department of Finance, including the records maintained in relation to the 1% estate excise sales tax: the holder of any mortgage, deed of trust, leasehold, contract purchaser, or contract seller.

The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section.

(Ord. 3946 § 1 (part), 2004)

21.39.020 Report on costs and expenses.

Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Section 901. The Building Official shall keep an itemized account of the expenses incurred by the City in the repair or demolition of any building done pursuant to the provisions of Section 701.3.3 of this Code. Upon the completion of the work of repair or demolition the Building Official shall prepare and file with the Director of Administrative Services a report specifying the work done, the itemized and total cost of the work, including an administration and collection fee in the amount of two hundred (200) dollars to cover the cost of publication, recording, and service of all notices and the cost incurred by the City in the collection of the assessment or obligation as determined by Section 905 of this Code, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 401.3.

(Ord. 3946 § 1 (part), 2004)

21.39.025 Collection of assessment.

Section 909 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

A copy of the ordinance confirming the special assessment shall be filed with the City Clerk. A certified copy of said ordinance shall be recorded with the King County Department of Elections and Records. The Director of Finance upon receipt of said ordinance shall proceed to collect the special assessment in the same manner as local improvement district assessments, including installments thereof, are collected; provided however, that the thirty days’ prepayments notice need not be published but shall be mailed to the owner of record.

Sections 910 and 911 of the Uniform Code for the Abatement of Dangerous Buildings hereinabove adopted by reference, being inconsistent with the procedure for collection of assessments herein established, are repealed.

(Ord. 3946 § 1 (part), 2004)

Chapter 21.40
SWIMMING POOLS

(Repealed by Ord. 4099)

Chapter 21.44
MOVING BUILDINGS

Sections:

21.44.010    Purpose and scope of chapter.

21.44.015    Definitions.

21.44.020    Permit required.

21.44.025    Permit—Application information.

21.44.030    Permit—Application—Deposits and fees.

21.44.035    Permit—Conditions for granting.

21.44.040    Special requirements.

21.44.010 Purpose and scope of chapter.

It is the purpose of this chapter to establish standards, including minimum requirements for the moving of all buildings and other structures within the corporate limits of the city, and to provide for the issuance of a permit, collection of various fees, and inspectional services for all such movements. (Ord. 3946 § 1 (part), 2004)

21.44.015 Definitions.

Definitions as used in this chapter, unless the context otherwise indicates, shall be as follows:

(1)    “Building” means and includes every building, house, structure or other like object which exceed one or more of the following dimensional combinations when placed on a trailer or other moving platform:

(A)    Eight feet, six inches in width;

(B)    Fourteen feet in height;

(C)    Fifty-three feet in length;

(D)    Twenty thousand pounds on a single axle;

(E)    Thirty-four thousand pounds on a double axle;

(2)    Classification of Movements.

(A)    “Class I” move is the movement of any building from an origin outside the city to a destination within the city;

(B)    “Class II” move is the movement of any building from one point within the city to another point within the city;

(C)    “Class III” move is the movement of a building from a point within the city to a destination outside the city;

(D)    “Class IV” move is the movement of any building through the city with both an origin and destination outside the city;

(3)    “Housemover” means any person, firm or corporation engaged in the business of moving houses, buildings, structures or other like objects;

(4)    “Person” means and includes any person, firm, partnership, association, corporation, company

or organization of any kind. (Ord. 3946 § 1 (part), 2004)

21.44.020 Permit required.

No person shall move any building over, upon, along or across any public street without a written permit therefor from the city for all such moves as classified and defined in Section 21.44.015. (Ord. 3946 § 1 (part), 2004)

21.44.025 Permit—Application information.

Application for a permit shall be furnished by the city. The application for permit shall contain or have attached thereto the following information:

(1)    Name and address of applicant;

(2)    Location of building to be moved (present address if assigned);

(3)    Location of proposed site to which building is to be moved (include legal description);

(4)    Date and time requested for movement;

(5)    Map or description of requested route to be taken;

(6)    Height, width and length of building to be moved and truck or equipment to be used for moving the building;

(7)    Classification of movement (as defined in Section 21.44.015). (Ord. 3946 § 1 (part), 2004)

21.44.030 Permit—Application—Deposits and fees.

(a)    Every applicant before being granted a permit shall pay an application filing fee of one hundred dollars for Class I and II moves and seventy-five dollars for Class III and IV moves.

(b)    In addition to the fee set forth in subsection (a) of this section, there shall be charged and collected a right-of-way inspection fee:

Dimensional Combinations	Normal Business Hours	After Hours
1	$55.20	$81.05
2	$110.40	$162.08
3 or more	$55.20/hour	$81.05/hour

(c)    For any application for a Class I or II move herein provided for there shall be charged and collected an inspection fee in the amount of one hundred thirty dollars if the building is situated between zero to ten miles of the city and if the building is situated at a distance in excess of ten miles from the city, an additional one dollar for each additional mile.

(d)    An application hereunder shall be accompanied by the following:

(1)    A cash deposit or corporate surety bond in the sum of ten thousand dollars or such greater amount as the building official determines necessary as indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street or alley, sidewalk or other property of the city, which may be caused by or be incidental to the removal of any building over, along or across any street in the city and to indemnify the city against any claim of damages to persons or private property;

Exception: Not required for moves where dimensional combinations do not exceed two;

(2)    A commercial/general liability insurance policy providing one million dollars or such greater amount as the building official determines necessary to satisfy any claim by private individuals, firms, or corporations arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the city. This policy must identify the city of Kirkland as an additional insured; and

(3)    A cash deposit or a corporate surety performance bond in the sum of five thousand dollars or such greater amount as the building official determines necessary conditioned upon the permittee, within six months from the date of the issuance of such permit (A) completing the construction, painting and finishing of the exterior of the building, and (B) faithfully complying with all requirements of this chapter, the building code, the zoning ordinance, the other ordinances then in effect within the city including but not limited to permittee completing such work within six months to the date of the issuance of such permit. In the event the provisions of this subsection are not complied with within the time specified, the sum of five thousand dollars shall be forfeited to the city as a penalty for the default, and this shall be in addition to any other penalties provided for failure to comply within the terms of this chapter. (Ord. 3946 § 1 (part), 2004)

21.44.035 Permit—Conditions for granting.

As a condition of securing the permit for a Class I or II move:

(1)    The permittee shall furnish the city with a set of plans and specifications for the completed building to include a plot plan prepared by a registered engineer or land surveyor from the state of Washington showing in detail the placement of the proposed structure upon the lot within the city; and

(2)    The permittee shall, prior to making application for such permit or within ten days after making such application, cause all of the interior or exterior walls, ceiling or flooring to be removed to such extent as may be necessary to permit the building official to examine the materials and type of construction of such building to ascertain whether it will comply with the existing building code and other applicable ordinances in the city. (Ord. 3946 § 1 (part), 2004)

21.44.040 Special requirements.

(a)    Escort. For Class I, II, III and IV moves, the housemover shall provide at least two off-duty police officers or other appropriate agency employees which provide an escort service for the purpose of regulating traffic along the route such building is being moved; provided, that any such police or special agency escort shall be at the expense of the housemover in addition to any other fees or deposits heretofore required. No variances of the provisions of the permit shall be permitted by the escort.

(b)    Time. Time of the movement shall be designated by the city. Every such permit shall become and be void unless such removal shall be completed and the building removed from the public right-of-way within the time specified in the application for such permit; provided, however, that the city may extend such time when the moving of any building is rendered impractical by reason of inclemency of the weather, strikes, or other causes not within the control of the housemover.

(c)    Lights. No person moving any building over, upon, along or across any public street shall fail, neglect or refuse to keep a red light (or such other devices as the city may require) at all times at each corner of such building and at the end of any projection thereon while the same is located in or upon any public street.

(d)    Notice to Utilities. Before any building shall be moved the housemover shall give written notice to the public utilities or agencies designated in the application not less than three days in advance of the proposed move.

(e)    Condition of Lot. After the completion of any Class II or III move the area or lot upon which the structure was formerly located shall be cleaned up and satisfactorily graded; the sanitary sewer connection, if one exists, shall be plugged and marked; the water meter shall be removed and the line satisfactorily capped and marked; the electrical and telephone lines removed; and all trash removed therefrom to the satisfaction of the building official.

(f)    Waterfront Restrictions. No building shall be moved over, upon, along or across any public right-of-way or other public lands fronting on or directly adjacent to the waterfront of Lake Washington within the corporate limits of the city. (Ord. 3946 § 1 (part), 2004)

Chapter 21.56
FLOOD DAMAGE PREVENTION

Sections:

21.56.010    Statement of purpose.

21.56.015    Methods of reducing flood losses.

21.56.020    Definitions.

21.56.025    Lands to which this chapter applies.

21.56.030    Basis for establishing the areas of special flood hazard.

21.56.035    Penalties for noncompliance.

21.56.040    Abrogation and greater restrictions.

21.56.045    Interpretation.

21.56.050    Warning and disclaimer of liability.

21.56.055    Development permit required.

21.56.060    Application for development permit.

21.56.065    Designation of the building official as administrator.

21.56.070    Duties and responsibilities of the building official.

21.56.075    Appeal and variance procedure—Hearing examiner.

21.56.080    Conditions for variances.

21.56.085    Provisions for flood hazard reduction—General standards.

21.56.090    Provisions for flood hazard reduction—Specific standards.

21.56.095    Floodways.

21.56.100    Wetlands management.

21.56.105    Standards for shallow flooding areas (AO zones).

21.56.010 Statement of purpose.

It is the purpose of this chapter to meet the requirements of the Federal Flood Administration for federal flood insurance availability and to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(1)    To protect human life and health;

(2)    To minimize expenditure of public money and costly flood-control projects;

(3)    To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)    To minimize prolonged business interruptions;

(5)    To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

(6)    To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7)    To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8)    To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 3946 § 1 (part), 2004)

21.56.015 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

(1)    Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2)    Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3)    Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(4)    Controlling filling, grading, dredging, and other development which may increase flood damage; and

(5)    Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 3946 § 1 (part), 2004)

21.56.020 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(1)    “Appeal” means a request for a review of the building official’s interpretation of any provision of this chapter or a request for a variance.

(2)    “Area of shallow flooding” means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

(3)    “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.

(4)    “Base flood” means the flood having a one percent chance of being equalled or exceeded in any given year. Also referred to as the “one-hundred-year flood.” Designation on maps always includes the letters A or V.

(5)    “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

(6)    “Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations and installations which produce, use or store hazardous materials or hazardous waste.

(7)    “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment located within the area of special flood hazard.

(8)    “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(A)    The overflow of inland or tidal waters; and/or

(B)    The unusual and rapid accumulation of runoff of surface waters from any source.

(9)    “Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(10)    “Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

(11)    “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(12)    “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter found at Section 21.56.090(1)(B).

(13)    “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.

(14)    “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(15)    “New construction” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.

(16)    “Recreational vehicle” means a vehicle:

(A)    Built on a single chassis;

(B)    Four hundred square feet or less when measured at the largest horizontal projection;

(C)    Designed to be self-propelled or permanently towable by a light duty truck; and

(D)    Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.

(17)    “Start of construction” includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

(18)    “Structure” means a walled and roofed building including a gas or liquid storage tank that is primarily above ground.

(19)    “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:

(A)    Before the improvement or repair is started; or

(B)    If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

(i)    Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

(ii)    Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(20)    “Water dependent” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

(21)    “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (Ord. 4004 § 9, 2005: Ord. 3946 § 1 (part), 2004)

21.56.025 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Kirkland. (Ord. 3946 § 1 (part), 2004)

21.56.030 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the City of Kirkland” dated September 30, 1993, having an effective date of May 16, 1995, and any revisions thereto with accompanying flood insurance maps is adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at City Hall, 123 Fifth Avenue, Kirkland, WA 98033. (Ord. 4004 § 10, 2005: Ord. 3946 § 1 (part), 2004)

21.56.035 Penalties for noncompliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall be guilty of a simple crime and subject to the penalties provided therefor in Section 1.04.010(C) of this code. Each day of violation shall constitute a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 3946 § 1 (part), 2004)

21.56.040 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes

the more stringent restrictions shall prevail. (Ord. 3946 § 1 (part), 2004)

21.56.045 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

(1)    Considered as minimum requirements;

(2)    Liberally construed in favor of the governing body; and

(3)    Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 3946 § 1 (part), 2004)

21.56.050 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Kirkland, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages or injury that may result from reliance on this chapter or any administrative decision, act or omission made hereunder. (Ord. 3946 § 1 (part), 2004)

21.56.055 Development permit required.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 21.56.030. The permit shall be for all structures including manufactured homes, as set forth in the definitions, Section 21.56.020, and for all development including fill and other activities, also as set forth in the definitions. (Ord. 3946 § 1 (part), 2004)

21.56.060 Application for development permit.

Application for a development permit shall be made on forms furnished by the city and may include but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the areas in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(1)    Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(2)    Elevation in relation to mean sea level to which any structure has been floodproofed;

(3)    Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 21.56.090(2); and

(4)    Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development. (Ord. 3946 § 1 (part), 2004)

21.56.065 Designation of the building official as administrator.

The building official for the city is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 3946 § 1 (part), 2004)

21.56.070 Duties and responsibilities of the building official.

Duties of the building official shall include, but not be limited to:

(1)    Permit Review.

(A)    Review all development permits to determine that the permit requirements of this chapter have been satisfied;

(B)    Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required;

(C)    Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 21.56.095(1) are met.

(2)    Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 21.56.030, the building official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 21.56.090 and 21.56.095.

(3)    Information to Be Obtained and Maintained.

(A)    Where base flood elevation data is provided through the flood insurance study or required as in subsection (2) of this section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;

(B)    For all new or substantially improved floodproofed structures:

(i)    Verify and record the actual elevation (in relation to mean sea level), and

(ii)    Maintain the floodproofing certifications required in Section 21.56.060(3);

(C)    Maintain for public inspection all records pertaining to the provisions of this chapter.

(4)    Alteration of Watercourses.

(A)    Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

(B)    Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(5)    Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 21.56.075. (Ord. 3946 § 1 (part), 2004)

21.56.075 Appeal and variance procedure—Hearing examiner.

(a)    The hearing examiner as established by Chapter 3.34 of this code shall hear and decide appeals and requests for variances from the requirements of this chapter.

(b)    The hearing examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building official in the enforcement or administration of this chapter.

(c)    A final decision of the hearing examiner shall not be subject to judicial review unless request for writ of review therefor is filed with the King County superior court and served upon the city of Kirkland within twenty days of the date of said final decision.

(d)    In passing upon such applications, the hearing examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(1)    The danger that materials may be swept onto other lands to the injury of others;

(2)    The danger to life and property due to flooding or erosion damage;

(3)    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)    The importance of the services provided by the proposed facility to the community;

(5)    The necessity to the facility of a waterfront location, where applicable;

(6)    The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)    The compatibility of the proposed use with existing and anticipated development;

(8)    The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)    The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)    The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(11)    The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(e)    Upon construction of the factors of subsection (d) of this section, and the purposes of this chapter, the hearing examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(f)    The hearing examiner, in carrying out his duties under this section, shall utilize the quasi-judicial hearing procedures established for Process I appeals, Sections 145.60 through Section 145.105, inclusive, of the zoning code. To the extent of any conflict between said Process I provisions and this chapter, the provisions of this chapter shall prevail.

(g)    The building official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 3946 § 1 (part), 2004)

21.56.080 Conditions for variances.

(a)    Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1) through (11) in Section 21.56.075(d) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

(b)    Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.

(c)    Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

(d)    Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(e)    Variances shall only be issued upon:

(1)    A showing of good and sufficient cause;

(2)    A determination that failure to grant the variance would result in exceptional hardship to the applicant;

(3)    A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 21.56.075(d), or conflict with existing local laws or ordinances.

(f)    Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

(g)    Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (a) of this section, and otherwise complies with Sections 21.56.085(1) and (2).

(h)    Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 3946 § 1 (part), 2004)

21.56.085 Provisions for flood hazard reduction—General standards.

In all areas of special flood hazards, the following standards are required:

(1)    Anchoring.

(A)    All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

(B)    All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. (For more detailed information, refer to guidebook FEMA-85 “Manufactured Home Installation in Flood Hazard Areas.”)

(2)    Construction Materials and Methods.

(A)    All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(B)    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(C)    Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(3)    Utilities.

(A)    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(B)    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

(C)    On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4)    Subdivision Proposals.

(A)    All subdivision proposals shall be consistent with the need to minimize flood damage.

(B)    All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

(C)    All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(D)    Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less).

(5)    Review of Building Permits. Where elevation data is not available either through the flood insurance study or from another authoritative source (Section 21.56.070(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (Ord. 4004 § 11, 2005: Ord. 3946 § 1 (part), 2004)

21.56.090 Provisions for flood hazard reduction—Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 21.56.030 or 21.56.070(2), the following provisions are required:

(1)    Residential Construction.

(A)    New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation.

(B)    Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(i)    A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(ii)    The bottom of all openings shall be no higher than one foot above grade.

(iii)    Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

(2)    Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(A)    Be floodproofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

(B)    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

(C)    Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural designs, specifications and plans. Such certification shall be provided to the official as set forth in Section 21.56.070(3)(B);

(D)    Nonresidential structures that are elevated, not floodproof, must meet the same standards for space below the lowest floor as described in subsection (1)(B) of this section;

(E)    Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to one foot above the base flood level will be rated as one foot below that level).

(3)    Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible.

(4)    Manufactured Homes. All manufactured homes to be placed or substantially improved within zones A1—30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 21.56.085 (1)(B).

(5)    Recreational vehicles placed on sites are required to either:

(A)    Be on the site for fewer than one hundred eighty consecutive days; or

(B)    Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(C)    Meet the requirements of subsection (4) of this section. (Ord. 4004 § 12, 2005: Ord. 3946 § 1 (part), 2004)

21.56.095 Floodways.

Located within areas of special flood hazard established in Section 21.56.030 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(1)    Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2)    If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 21.56.085 through 21.56.105.

(3)    Construction or reconstruction of residential structures is prohibited within designated floodways, except for (A) repairs, reconstruction or improvements to a structure which do not increase the ground floor, and (B) repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the market value of the structure, either (i) before the repair, reconstruction or improvement is started or (ii) if the structure has been damaged and is being restored before the damage occurred. Work done on structures to comply with existing health, sanitary or safety codes, or to structures identified as historic places, may not be included in the fifty percent of market value limitation. (Ord. 4004 § 13, 2005: Ord. 3946 § 1 (part), 2004)

21.56.100 Wetlands management.

To the maximum extent possible, the short-term and long-term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to alleviate flooding impacts, shall be avoided. The following process or equivalent have been implemented (see Chapter 90, the zoning ordinance, and Chapter 24.02 of this code):

(1)    Review of proposals for development within base floodplains for their possible impacts on wetlands located within the floodplain;

(2)    Ensuring that development activities in and around wetlands do not negatively affect public safety, health and welfare by disrupting the wetlands’ ability to reduce flood and storm drainage;

(3)    Requesting technical assistance from the Department of Ecology in identifying wetland areas. Existing wetland map information from the National Wetlands Inventory (NWI) may be used in conjunction with the community’s FIRM to indicate critical wetland areas deserving special attention. (Ord. 3946 § 1 (part), 2004)

21.56.105 Standards for shallow flooding areas (AO zones).

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

(1)    New construction and substantial improvements of residential structures within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or above the depth number specified on the FIRM (at least two feet if no depth number is specified).

(2)    New construction and substantial improvements of nonresidential structures within AO zones shall either:

(A)    Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

(B)    Together with attendant utility and sanitary facilities, be completely floodproofed to one foot above the depth number specified on the FIRM so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in Section 21.56.090(2)(C).

(3)    Require adequate drainage paths around structure on slopes to guide floodwaters around and away from proposed structures.

(4)    Recreational vehicles placed on sites within AO zones on the community’s FIRM are required to either:

(A)    Be on the site for fewer than one hundred eighty consecutive days; or

(B)    Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(C)    Meet the requirements of subsections (1) and (3) of this section and the anchoring requirements for manufactured homes in Section 21.56.085(1)(B). (Ord. 4004 § 14, 2005: Ord. 3946 § 1 (part), 2004)

Chapter 21.70
ELECTRICAL CODE

Sections:

Article I. Administrative Rules

21.70.010    National Electrical Code—Adopted as amended, added to and excepted.

21.70.015    Purpose.

21.70.020    Scope.

21.70.025    Application.

Article II. Amendments to the 2002 National Electrical Code

21.70.027    National Electrical Code Article 85.5 amended—Moved buildings and structures.

21.70.030    National Electrical Code Article 80 deleted—Administration and enforcement.

21.70.033    National Electrical Code Article 90.7 amended—Examination of equipment for safety.

21.70.035    National Electrical Code Article 100 amended—Definitions.

21.70.040    National Electrical Code Article 110.2 amended—Approval.

21.70.045    National Electrical Code 110.3 amended—Examination, identification, installation, and use of equipment.

21.70.050    National Electrical Code 110.12 amended—Mechanical execution of work.

21.70.055    National Electrical Code Article 110.16 amended—Flash protection.

21.70.060    National Electrical Code Article 110.22 amended—Identification of disconnecting means.

21.70.065    National Electrical Code Article 110.22 further amended—Identification of disconnecting means.

21.70.070    National Electrical Code 210.8 amended—Ground fault circuit-interrupter protection for personnel.

21.70.075    National Electrical Code 210.8 further amended—Ground fault circuit-interrupter protection for personnel.

21.70.080    National Electrical Code 210.11 amended—Branch circuits required.

21.70.082    National Electrical Code 210.12 amended—Arc-fault circuit interrupter protection.

21.70.085    National Electrical Code 215.10 amended—Ground fault protection of equipment.

21.70.087    National Electrical Code 220.12 amended—Lighting loads for specified occupancies.

21.70.090    National Electrical Code 220.87 amended—Optional calculations for determining existing loads.

21.70.095    National Electrical Code 225.32 amended—Location.

21.70.100    National Electrical Code 225.32 further amended—Location.

21.70.105    National Electrical Code Article 230.2 amended—Number of services.

21.70.110    National Electrical Code Article 230.2 further amended—Number of services.

21.70.115    National Electrical Code Article 230.28 amended—Service mast as support.

21.70.120    National Electrical Code 230.43 amended—Wiring methods for 600 volts, nominal, or less.

21.70.125    National Electrical Code 230.70 amended—General.

21.70.130    National Electrical Code 230.70 further amended—General.

21.70.135    National Electrical Code 230.90 amended—Service equipment— Overcurrent protection.

21.70.140    National Electrical Code 230.95 amended—Ground fault protection of equipment.

21.70.145    National Electrical Code 230.202 amended—Service-entrance conductors.

21.70.150    National Electrical Code 250.32 amended—Two or more buildings or structures supplied from a common service.

21.70.155    National Electrical Code 250.50 amended—Grounding electrode system.

21.70.160    National Electrical Code 250.56 amended—Resistance of rod, pipe and plate electrodes.

21.70.165    National Electrical Code 250.104 amended—Bonding of piping systems and exposed structural steel.

21.70.170    National Electrical Code 250.184 amended—Grounding of systems and circuits of one kV and over (high voltage) solidly grounded neutral systems.

21.70.175    National Electrical Code 250.184 further amended—Multiple grounding.

21.70.180    National Electrical Code 250.184 further amended—Multigrounded neutral conductor.

21.70.185    Repealed.

21.70.190    National Electrical Code 300.11 amended—Securing and supporting.

21.70.195    National Electrical Code Article 310.12 amended—Conductor identification.

21.70.200    Repealed.

21.70.205    National Electrical Code Article 314.29 amended—Boxes and conduit bodies to be accessible.

21.70.210    Repealed.

21.70.215    Repealed.

21.70.220    National Electrical Code Article 358.12 amended—Uses not permitted.

21.70.225    National Electrical Code Article 394.12 amended—Uses not permitted.

21.70.227    National Electrical Code Article 406 amended—Tamper-resistant receptacles.

21.70.228    National Electrical Code Article 410.04 amended—Bathtub and shower areas.

21.70.230    National Electrical Code Article 410.30 amended—Cord-connected lampholders and luminaires.

21.70.235    National Electrical Code Article 422.10 amended—Branch-circuit rating.

21.70.240    National Electrical Code Article 450.27 amended—Oil-insulated transformers installed outdoors.

21.70.242    National Electrical Code Article 501 amended—Sewage disposal systems.

21.70.245    National Electrical Code Article 514.11 amended—Circuit disconnects.

21.70.250    National Electrical Code Article 517.30 amended—Emergency systems.

21.70.255    Repealed.

21.70.260    Repealed.

21.70.265    National Electrical Code Article 553.4 amended—Location of service equipment.

21.70.270    National Electrical Code Article 553.6 amended—Feeder conductors.

21.70.275    National Electrical Code Article 553.7(B) amended—Wiring methods.

21.70.280    National Electrical Code Article 555.1 amended—Scope.

21.70.285    National Electrical Code Article 555.5 amended—Transformers.

21.70.290    National Electrical Code Article 555.7 amended—Location of service equipment.

21.70.295    National Electrical Code Article 555.9 amended—Electrical connections.

21.70.300    National Electrical Code Article 555.10 amended—Electrical equipment enclosures.

21.70.305    National Electrical Code Article 555.13 amended—Wiring methods and installation.

21.70.310    National Electrical Code Article 555.19 amended—Receptacles.

21.70.315    National Electrical Code Article 555.21 amended—Gasoline dispensing stations—Hazardous (classified) locations.

21.70.317    National Electrical Code Article 590.1 amended—Scope.

21.70.319    National Electrical Code Article 590.4(G) amended—General splices.

21.70.320    National Electrical Code Article 600.3 amended—Listing.

21.70.325    National Electrical Code Article 600.10 amended—Portable or mobile signs.

21.70.330    Repealed.

21.70.335    National Electrical Code Article 600.21 amended—Ballasts, transformers, and electronic power supplies.

21.70.340    National Electrical Code Article 600.30 amended—Applicability.

21.70.345    National Electrical Code Article 680.4 amended—Approval of equipment.

21.70.350    National Electrical Code Article 680.12 amended—Maintenance disconnecting means.

21.70.355    National Electrical Code Article 680.13 new—Field-installed equipment.

21.70.360    National Electrical Code Article 680.40 amended—General.

21.70.370    National Electrical Code Article 680.70 amended—General.

21.70.375    National Electrical Code Article 700.9 amended—Wiring, emergency systems.

21.70.378    National Electrical Code 725.54 amended—Installation of conductors and equipment in cables, compartments, cable trays, enclosures, manholes, outlet boxes, device boxes, and raceways for Class 2 and Class 3 circuits.

21.70.380    National Electrical Code Article 760.10 amended—Fire alarm circuit identification.

21.70.385    National Electrical Code Article 800.2 amended—Definitions.

21.70.390    National Electrical Code Article 800 amended—Communication circuits.

Article I. Administrative Rules

21.70.010 National Electrical Code—Adopted as amended, added to and excepted.

The following are hereby adopted by reference as part of this chapter, and shall be applicable within the city:

(1)    The 2005 Edition of the National Electrical Code (NFPA 70, 2005, including Annex A, B, and C; the 2003 Edition of Standard for the Installation of Stationary Pumps for Fire Protection (NFPA 20, 2003); the 2002 Edition of Standard for Emergency and Standby Power Systems (NFPA 110, 2002); Commercial Building Telecommunications Cabling Standard (ANSI/TIA/EIA 568-B.1, May 2001, including Annex 1 through 5); Commercial Building Standard for Telecommunications Pathway and Spaces (ANSI/TIA/EIA 569-A-7, December 2001, including Annex 1 through 4); Commercial Building Grounding and Bonding Requirements for Telecommunications (ANSI/TIA/EIA 607-A, 2002); Residential Telecommunications Cable Standard (ANSI/TIA/EIA 570-A, December 2001); and the National Electrical Safety Code (NESC C2-2002 excluding Appendices A and B) are hereby adopted by reference as part of this chapter. Other codes, manuals, and reference works referred to in this chapter are available for inspection and review in the Olympia office of the electrical section of the department during business hours.

(2)    The requirements of this chapter will be observed where there is any conflict between this chapter and the National Electrical Code (NFPA 70), Centrifugal Fire Pumps (NFPA 20), the Emergency and Standby Power Systems (NFPA 110), ANSI/TIA/EIA 568-A, ANSI/TIA/EIA 569-A, ANSI/TIA/EIA 607, ANSI/TIA/EIA 570, or the NESC C2-2002.

(3)    The National Electrical Code will be followed where there is any conflict between Standard for Installation of Stationary Pumps for Fire Protection (NFPA 20), Standard for Emergency and Standby Power Systems (NFPA 110), ANSI/TIA/EIA 568-B, ANSI/TIA/EIA 569-A, ANSI/TIA/EIA 607, ANSI/TIA/EIA 570, or the NESC C2-2002 and the National Electrical Code (NFPA 70). (Ord. 4017 § 9, 2005: Ord. 3946 § 1 (part), 2004)

21.70.015 Purpose.

(a)    The purpose of the city of Kirkland electrical code, as amended and adopted in this chapter, is the practical safeguarding of persons, property and buildings from hazards arising from the use of electricity. The city of Kirkland electrical code contains provisions considered necessary for safety. Compliance therewith and proper maintenance will result in an installation essentially free of hazard, but not necessarily efficient, convenient or adequate for good service or future expansion of electrical service. This chapter is enacted as an exercise of the police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons.

(b)    The city of Kirkland electrical code is not intended as a design specification nor an instruction manual for untrained persons. (Ord. 3946 § 1 (part), 2004)

21.70.020 Scope.

The city of Kirkland electrical code covers:

(1)    Electrical conductors, electrical equipment, and raceways installed within or on public and private buildings, property or other structures.

(2)    Signaling and communications conductors and equipment, telecommunications conductors and equipment, fiber optic cables, and raceways installed within or on public and private buildings, property or other structures.

(3)    Yards, lots, parking lots, and industrial substations.

(4)    Temporary electrical installations for use during the construction of buildings.

(5)    Temporary electrical installations for carnivals, conventions, festivals, fairs, traveling shows, the holding of religious services, temporary lighting of streets, or other approved uses.

(6)    Installations of conductors and equipment that connect to a supply of electricity.

(7)    All other outside electrical conductors on the premises.

(8)    Optional standby systems derived from portable generators.

Exception: All wires and equipment that fall within Section 90.2(b)(5) of the National Electrical Code, 1981 Edition, are exempt from the requirements of this chapter. (Ord. 3946 § 1 (part), 2004)

21.70.025 Application.

(a)    New Installations. This code applies to new electrical installations.

Exception: If an electrical permit application is received after this chapter has taken effect, but is associated with a building permit application received prior to the effective date of the ordinance codified in this chapter, all applicable codes adopted and in force at the time of a complete building permit application will apply.

(b)    Existing Installations. Lawfully installed existing electrical installations that do not comply with the provisions of this chapter shall be permitted to be continued without change, except as is specifically covered in this code, the International Fire Code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard.

(c)    Additions, Alterations, Modifications, or Repairs. Additions, alterations, modifications or repairs to the electrical system of any building, structure, or premises shall conform to the requirements of this code without requiring those portions of the existing building not being altered or modified to comply with all the requirements of this code. Installations, additions, alterations, modifications, or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the building official or designated representative. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of this chapter in force at the time the additions were made.

(d)    Moved Buildings or Structures. Buildings or structures intended to be relocated within or into the city of Kirkland must be inspected by the building official for compliance with the codes and standards adopted in this chapter prior to being relocated or moved. The owner of the building or structure must obtain a building permit and further must agree to correct all deficiencies identified by the inspection prior to moving the building. All deficiencies must be corrected before electric power is connected to the building. (Ord. 3946 § 1 (part), 2004)

Article II. Amendments to the 2002 National Electrical Code

Article 85.5

21.70.027 National Electrical Code Article 85.5 amended—Moved buildings and structures.

Article 85.5 of the National Electrical Code is amended as follows:

A.    Nonresidential buildings or structures moved into the City must be inspected to ensure compliance with current requirements of this Code.

B.    Residential buildings or structures wired in the U.S., to NEC requirements, and moved into the City must be inspected to ensure compliance with the NEC requirements in effect at the time and place the original wiring was made. The building or structure must be inspected to ensure compliance with all current requirements of Chapter 19.28 RCW and the rules developed by the department if:

1.    The original occupancy classification of the building or structure is changed as a result of the move; or

2.    The building or structure has been substantially remodeled or rehabilitated as a result of the move.

C.    Residential buildings or structures wired in Canada to Canadian Electrical Code (CEC) standards and moved into the City must be inspected to ensure compliance with the following minimum safety requirements:

1.    Service, service grounding, and service bonding must comply with this Code.

2.    Canadian Standards Association (CSA) listed Type NMD cable is allowed with the following qualifications:

a.    CSA listed Type NMD cable, American Wire Gauge #10 and smaller installed after 1964 utilizing an equipment grounding conductor smaller than the phase conductors, must be:

i.    Replaced with a cable utilizing a full-size equipment grounding conductor; or

ii.    Protected by a ground fault circuit interrupter protection device.

b.    CSA listed Type NMD cable, #8 AWG and larger, must:

i.    Utilize an equipment grounding conductor sized according to the requirements of the NEC in effect at the time of the installation;

ii.    Be protected by a ground fault circuit interrupter protection device; or

iii.    Be replaced.

3.    Other types of wiring and cable must be:

a.    Replaced with wiring listed or field evaluated in accordance with U.S. standards by a laboratory approved by the department; or

b.    Protected by a ground fault circuit interrupter protection device and arc fault circuit protection device.

4.    Equipment, other than wiring or panelboards, manufactured and installed prior to 1997 must be listed and identified by laboratory labels approved by the department or CSA labels.

5.    All panelboards must be listed and identified by testing laboratory labels approved by the department with the following qualifications:

a.    CSA listed panelboards labeled “Suitable for Use as Service Equipment” will be considered to be approved as “Suitable for Use only as Service Equipment.”

b.    CSA listed panelboards must be limited to a maximum of 42 circuits.

c.    CSA listed panelboards used as lighting and appliance panelboards as described in the NEC, must meet all current requirements of the NEC and this chapter.

6.    Any wiring or panelboards replaced or changed as a result of the move must meet current requirements of Chapter 19.28 RCW and this chapter.

7.    The location, type, and ground fault circuit interrupter protection of receptacles and equipment in a bathroom, kitchen, basement, garage, or outdoor area must meet the Washington requirements in effect at the time the wiring was installed.

8.    4, 15-ampere, kitchen small appliance circuits will be accepted in lieu of 2, 20-ampere, kitchen small appliance circuits. Receptacles will not be required to be added on kitchen peninsular or island counters.

9.    Spacing requirements for all other receptacles must meet the Washington requirements in effect at the time the wiring was installed.

10.    Receptacles installed above baseboard or fixed wall space heaters must be removed and the outlet box covered with a blank cover. The receptacle is required to be relocated as closely as possible to the existing location.

11.    Lighting outlet and switch locations must meet the Washington requirements in effect at the time the wiring was installed.

12.    Dedicated 20-ampere small appliance circuits are not required in dining rooms.

13.    Electric water heater branch circuits must be adequate for the load.

14.    The location, type, and circuit protection of feeders must meet the Washington requirements in effect at the time the wiring was installed.

(Ord. 4017 § 10, 2005)

Article 80. Administration and Enforcement

21.70.030 National Electrical Code Article 80 deleted—Administration and enforcement.

Article 80 of the National Electrical Code is not adopted as part of this code. (Ord. 3946 § 1 (part), 2004)

Article 90.7

21.70.033 National Electrical Code Article 90.7 amended—Examination of equipment for safety.

Article 90.7 of the National Electrical Code is amended to read as follows:

Examination of equipment for safety. For specific items of equipment and materials referred to in this Code, examinations for safety made under standard conditions, to a recognized United States or harmonized international standard, provide a basis for approval where the record is made generally available through promulgation by organizations properly equipped and qualified for experimental testing, inspections of the run of goods at factories, and service-value determination through field inspections. This avoids the necessity for repetition of examinations by different examiners, frequently with inadequate facilities for such work, and the confusion that would result from conflicting reports on the suitability of devices and materials examined for a given purpose.

It is the intent of this Code that factory-installed internal wiring or the construction of equipment need not be inspected at the time of installation of the equipment, except to detect alterations or damage, if the equipment has been listed by a qualified electrical testing laboratory that is recognized as having the facilities described in the preceding paragraph and that requires suitability for installation in accordance with this Code.

(Ord. 4017 § 11, 2005)

Article 100. Definitions

21.70.035 National Electrical Code Article 100 amended—Definitions.

Article 100 of the National Electrical Code is amended and supplemented by the addition of the following definitions to read as follows:

“Certified electrical product” means an electrical product to which a laboratory, accredited by the State of Washington, has the laboratory’s certification mark attached.

“Certification mark” is a specified laboratory label, symbol, or other identifying mark that indicates the manufacturer produced the product in compliance with appropriate standards or that the product has been tested for specific end uses.

“City” means the City of Kirkland and/or the City of Kirkland Fire and Building Department.

“Chapter” unless elsewhere specified means this code, which is the City of Kirkland Buildings and Construction Chapter 21.70, unless expressly used for separate reference.

“Electrical equipment” includes electrical conductors, conduit, raceway, apparatus, materials, components, and other electrical equipment not exempted by RCW 19.28.006(8). Any conduit/raceway of a type listed for electrical use is considered to be electrical equipment even if no wiring is installed in the conduit/raceway at the time of the conduit/raceway installation.

“Electrical products certification laboratory” is a laboratory or firm accredited by the state of Washington to perform certification of electrical products.

“Electrical products evaluation laboratory” is a laboratory or firm accredited by the state of Washington to perform on-site field evaluation of electrical products for safety.

“Field evaluated” means an electrical product to which a field evaluation mark is attached. Field evaluation must include job site inspection unless waived by the department, and may include component sampling and/or laboratory testing.

“Field evaluation mark” is a specified laboratory label, symbol, or other identifying mark indicating the manufacturer produced the product in essential compliance with appropriate standards or that the product has been evaluated for specific end uses.

“Fished wiring” is when cable or conduit is installed within the finished surfaces of an existing building or building structure (e.g., wall, floor or ceiling cavity).

“Industrial control panel” means a factory or user wired assembly of industrial control equipment such as motor controllers, switches, relays, power supplies, computers, cathode ray tubes, transducers, and auxiliary devices used in the manufacturing process to control industrial utilization equipment. The panel may include disconnecting means and motor branch circuit protective devices. Industrial control panels include only those used in a manufacturing process in a food processing or industrial plant.

“Installation” includes the act of installing, connecting, repairing, modifying, or otherwise performing work on an electrical system, component, equipment, or wire except as exempted by WAC 296-46B-925.

“Identification plate” is a phenolic or metallic plate or other similar material engraved in block letters at least 1/4'' (6 mm) high unless specifically required to be larger by this chapter, suitable for the environment and application. The letters and the background must be in contrasting colors. Screws, rivets, or methods specifically described in this chapter must be used to affix an identification plate to the equipment or enclosure.

“Labeled” means an electrical product that bears a certification mark issued by a laboratory accredited by the state of Washington.

“Laboratory” may be either an electrical product(s) certification laboratory or an electrical product(s) evaluation laboratory.

“Like-in-kind” means having similar characteristics such as voltage requirement, current draw, circuit overcurrent and short circuit characteristics, and function within the system. Like-in-kind also includes any equipment component authorized by the manufacturer as a suitable component replacement part.

“Listed” means equipment has been listed and identified by a laboratory approved by the State of Washington for the appropriate equipment standard per this chapter.

“Low voltage” means:

(a)    NEC, Class 1 power limited circuits at 30 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).

(d)    Circuits of Telecommunications systems as defined in Chapter 19.28 RCW.

“NRTL” means Nationally Recognized Testing Laboratory accredited by the federal Occupational Safety and Health Administration (OSHA) after meeting the requirements of 29 CFR 1910.7.

“Point of contact” for utility work, means the point at which a customer’s electrical system connects to the serving utility system.

“Stand-alone amplified sound or public address system” is a system that has distinct wiring and equipment for audio signal generation, recording, processing, amplification, and reproduction. This definition does not apply to telecommunications installations.

“Telecommunications installations” is as defined in RCW 19.28.400 for both regulated carriers and unregulated local service providers.

“Under the control of a utility” for the purposes of RCW 19.28.091 is when electrical equipment is owned by the utility or when electrical equipment is not owned by a utility and:

(a)    Is located in a vault, room, closet, or similar enclosure that is secured by a lock or seal so that access is restricted to the utility’s personnel; or

(b)    The utility is obligated by contract to maintain the equipment and the contract provides that access to the equipment is restricted to the utility’s personnel or other qualified personnel.

“Utility system” means electrical equipment owned by or under the control of a serving utility that is used for the transmission or distribution of electricity from the source of supply to the point of contact.

“Utilization voltage” means the voltage level employed by the utility’s customer for connection to lighting fixtures, motors, heaters, or other electrically operated equipment other than power transformers.

“WAC” means Washington Administrative Code.

(Ord. 3946 § 1 (part), 2004)

Article 110. Requirements for Electrical Installations

21.70.040 National Electrical Code Article 110.2 amended—Approval.

Article 110.2 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of Article 110.2:

All materials, devices, appliances, and equipment, not exempted in state law Chapter 19.28 RCW, must conform to applicable standards recognized by the Building Official, be listed, or field evaluated by an accredited electrical products testing laboratory. Equipment must not be energized until such standards are met, unless specific permission has been granted by the Building Official.

(Ord. 4017 § 12, 2005: Ord. 3946 § 1 (part), 2004)

21.70.045 National Electrical Code 110.3 amended—Examination, identification, installation, and use of equipment.

Article 110.3 of the National Electrical Code is amended and supplemented by the addition of a new subsection to be known as subsection 110.3(C), to read as follows:

(C) Industrial control panels and utilization equipment. Control panels and utilization equipment installed in industrial plants will be determined to meet the minimum electrical safety standards for installations by one of the following methods:

(a) Listing and Labeling by an accredited electrical products testing laboratory.

(b) Field evaluation by an accredited electrical products testing laboratory;

(i) If the equipment usage is changed to other than industrial utilization equipment or electrical modifications are made to the equipment, the equipment must be successfully listed or field evaluated by a laboratory approved by the department.

(ii) The equipment must be permanently installed at the owner’s facility and inspected per the requirements of this Chapter.

(c) Normal inspection as part of the electrical inspection process included with the general wiring inspection of a building, structure, or other electrical installation for compliance with codes and rules adopted under this chapter. Normal inspection will only be made for equipment using listed components and wired to the requirements of the NEC.

Use of industrial control panel(s) or equipment before its evaluation or final inspection, must be authorized by the Building Official or designated representative prior to its being energized.

(Ord. 4017 § 13, 2005: Ord. 3946 § 1 (part), 2004)

21.70.050 National Electrical Code 110.12 amended—Mechanical execution of work.

Article 110.12 of the National Electrical Code is amended and supplemented by the addition of new subsections to be known as 110.12(D) and 110.12(E), to read as follows:

(D) Abandoned Conductors and Cables. Electrical conductors or cables shall not be abandoned in place. Unused electrical conductors, or cables, regardless of voltage, and communication cables not in use shall be removed from the building or structure back to the originating panelboard unless otherwise authorized by the Building Official or designated representative.

(E) Old, Used or Damaged Material and Equipment. Old, used or damaged electrical equipment, conductors or materials shall not be reinstalled or used in any new work without prior approval of the Building Official or designated representative.

(Ord. 3946 § 1 (part), 2004)

21.70.055 National Electrical Code Article 110.16 amended—Flash protection.

Article 110.16 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of the first paragraph, to read as follows:

The flash protection marking must be an identification plate or label meeting ANSI Standards Z535.4-1998 or be of a type approved by the Building Official, or designated representative. The plate or label may be installed at the factory or in the field. The plate or label may be mounted using adhesive.

(Ord. 4017 § 14, 2005: Ord. 3946 § 1 (part), 2004)

21.70.060 National Electrical Code Article 110.22 amended—Identification of disconnecting means.

Article 110.22 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of the first paragraph, to read as follows:

In other than dwelling units, an identification plate or label is required unless the disconnect is a circuit breaker or fused switch installed within a panelboard and its purpose is indicated by the panelboard schedule. The identification plate or label must include the identification designation of the circuit source panelboard that supplies the disconnect.

(Ord. 4017 § 15, 2005: Ord. 3946 § 1 (part), 2004)

21.70.065 National Electrical Code Article 110.22 further amended—Identification of disconnecting means.

Article 110.22 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of the second paragraph, to read as follows:

The marking must be in the form of an identification plate or label that is substantially yellow in color. The words “CAUTION - SERIES COMBINATION RATED SYSTEM” must be on the plate or label in letters at least 13 mm (1/2'') high.

(Ord. 4017 § 16, 2005: Ord. 3946 § 1 (part), 2004)

Article 210. Branch Circuits

21.70.070 National Electrical Code 210.8 amended—Ground fault circuit-interrupter protection for personnel.

Article 210.8(B) of the National Electrical Code is amended and supplemented by the addition of new subsections (4) and (5), to read as follows:

(4) Outdoors.

(5) Crawl spaces—at or below grade.

(Ord. 4017 § 17, 2005: Ord. 3946 § 1 (part), 2004)

21.70.075 National Electrical Code 210.8 further amended—Ground fault circuit-interrupter protection for personnel.

Article 210.8 of the National Electrical Code is amended and supplemented by the addition of a new subsection to be known as 210.8(D) to read as follows:

(D) All Occupancies.

(1) All 125-volt, single phase, 15 and 20 ampere receptacles installed within 1.8 m (6 ft) of any sink, fixed water source, or a normally wet or damp location shall be provided with ground fault circuit-interrupter protection for personnel.

(Ord. 4017 § 18, 2005: Ord. 3946 § 1 (part), 2004)

21.70.080 National Electrical Code 210.11 amended—Branch circuits required.

Article 210.11 of the National Electrical Code is amended and supplemented by the addition of a new subsection to be known as subsection 210.11(C)(4), to read as follows:

(4) Unfinished spaces. In addition to the number of branch circuits required by other parts of this section, an additional branch circuit(s) shall be provided for unfinished spaces adaptable to future dwelling unit living areas that are not readily accessible to the service or branch circuit panelboard. The circuit(s) must terminate in a suitable box(es). The box must contain an identification of the intended purpose of the circuit(s). The branch circuit panelboard must have adequate space and capacity for the intended load(s).

(Ord. 4017 § 19, 2005: Ord. 3946 § 1 (part), 2004)

21.70.082 National Electrical Code 210.12 amended—Arc-fault circuit-interrupter protection.

Section 210.12(B) of the National Electrical Code is amended to read as follows:

(B)    Dwelling Unit Bedrooms. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit interrupter, combination type installed to provide protection of the branch circuit. For the purpose of NEC 210.12(B), dwelling unit bedrooms include spaces that are:

(1)    Accessed only through the bedroom;

(2)    Ancillary to the bedroom’s function; and

(3)    Contain branch circuits that supply 125 volt, 15 and 20 ampere outlets must be protected by an arc-fault circuit interrupter listed to provide protection per 210.12.

For the purposes of this section, such spaces will include, but not be limited to, spaces such as closets and sitting areas, but will not include bathrooms.

Branch/feeder AFCIs shall be permitted to be used to meet the requirements of 210.12(B) until January 1, 2008.

Exception: The location of the arc-fault circuit interrupter shall be permitted to be at other than the origination of the branch circuit in compliance with (a) and (b):

(a)    The arc-fault circuit interrupter installed within 1.8 m (6 ft) of the branch circuit overcurrent device as measured along the branch circuit conductors.

(b)    The circuit conductors between the branch circuit overcurrent device and the arc-fault circuit interrupter shall be installed in a metal raceway or a cable with a metallic sheath.

(Ord. 4017 § 20, 2005)

Article 215. Feeders

21.70.085 National Electrical Code 215.10 amended—Ground fault protection of equipment.

Article 215.10 of the National Electrical Code is amended and supplemented by the addition of a new paragraph following the first paragraph of Article 215.10 to read as follows:

Equipment ground fault protection systems shall be performance tested prior to being placed into service to verify proper installation and operation of the system as determined by the manufacturer’s published instructions. This test or a subsequent test shall include all system feeders. A firm having qualified personnel and proper equipment must perform the tests required. A copy of the manufacturer’s performance testing instructions and a written performance acceptance test record signed by the person performing the test must be provided for the inspector’s records at the time of inspection. The performance acceptance test record shall include test details including, but not limited to all trip settings and measurements taken during the test. The equipment being tested shall be labeled identifying the date of the test, the firm performing the test, and all settings for the equipment tested.

(Ord. 4017 § 21, 2005: Ord. 3946 § 1 (part), 2004)

Article 220. Branch-Circuit, Feeder, and Service Calculations

21.70.087 National Electrical Code 220.12 amended—Lighting loads for specified occupancies.

Article 220.12 of the National Electrical Code is amended and supplemented by the addition of an exception to read as follows:

Exception: In determining feeder and service entrance conductor sizes and equipment ratings, the currently adopted Washington State Energy Code unit lighting power allowance table and footnotes may be used in lieu of NEC 220.12.

(Ord. 4017 § 22, 2005)

21.70.090 National Electrical Code 220.87 amended—Optional calculations for determining existing loads.

Article 220.87 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of subsection (1), Exception, to read as follows:

In addition to the 30 day demand data, the following information must be provided:

(a)    The date of the measurements.

(b)    A statement attesting to the validity of the demand data, signed by a professional electrical engineer or the electrical administrator of the electrical contractor performing the measurements.

(c)    A diagram of the electrical system identifying the point(s) of the measurements.

(Ord. 4017 § 23, 2005: Ord. 3946 § 1 (part), 2004)

Article 225. Outside Branch Circuits and Feeders

21.70.095 National Electrical Code 225.32 amended—Location.

Article 225.32 of the National Electrical Code is amended and supplemented by the addition of a new paragraph following the first paragraph of Article 225.32 to read as follows:

Feeder disconnects, panelboards, subpanels, and similar electrical equipment must be installed so that they are readily accessible and may not be installed in bathrooms, clothes closets, or shower rooms. All indoor feeder disconnects, panelboards and subpanels and similar electrical equipment must have adequate working space and be adequately illuminated.

(Ord. 4017 § 24, 2005: Ord. 3946 § 1 (part), 2004)

21.70.100 National Electrical Code 225.32 further amended—Location.

Article 225.32 of the National Electrical Code is amended and supplemented by the addition of new subsections to be known as subsections 225.32(1) and 225.32(2), to read as follows:

(1) Outside locations: Where the feeder disconnecting means is installed outside of a building or structure it must be on the building or structure supplied. The building disconnecting means may supply only 1 building or structure unless the secondary building(s) or structure(s) has a separate building disconnecting means meeting the requirements of this subsection. The disconnecting means must have an identification plate with at least 1/2'' high letters identifying:

(a) The building or structure served; and

(b) Its function as the building or structure main disconnect(s).

(2) Inside location: Where the feeder disconnecting means is installed inside the building or structure, it must be located so that the feeder raceway or cable extends no more than 15' inside the building or structure.

(Ord. 4017 § 25, 2005: Ord. 3946 § 1 (part), 2004)

Article 230. Services

21.70.105 National Electrical Code Article 230.2 amended—Number of services.

Article 230.2 of the National Electrical Code is amended and supplemented by the addition of a new paragraph following the first paragraph to read as follows:

Each portion of a building or structure separated by one or more Fire Walls that comply with Section 705 of the International Building Code may be considered a separate building. Fire Walls shall not be less than 2 hr fire-resistance rated. The extent and location of such Fire Walls shall provide a complete separation.

(Ord. 4017 § 26, 2005: Ord. 3946 § 1 (part), 2004)

21.70.110 National Electrical Code Article 230.2 further amended—Number of services.

Article 230.2 of the National Electrical Code is amended and supplemented by the addition of a new subsection to be known as subsection 230.2(A)(6), to read as follows:

(6) Transient voltage surge suppressor.

(Ord. 4017 § 27, 2005: Ord. 3946 § 1 (part), 2004)

21.70.115 National Electrical Code Article 230.28 amended—Service mast as support.

Article 230.28 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of the first paragraph to read as follows:

Where a raceway-type service mast is used as support for service-drop conductors the following conditions must be met:

(1) Raceway type service mast shall be a minimum of 2 inch rigid metal conduit.

(2) An approved roof flashing shall be installed on each mast where it passes through a roof. Plastic, non-hardening mastic shall be placed between lead-type flashings and the conduit. Approved neoprene type roof flashings may be permitted.

(3) Masts shall be braced, secured, and supported in such a manner that no pressure from the attached conductors will be exerted on a roof flashing, meter base, or other enclosures.

(4) Utilization of couplings for a mast shall not be permitted above the point the mast is braced, secured, or supported.

(5) Except as otherwise required by the serving utility, service mast support guys shall be installed if the service drop attaches to the mast more than 600 mm (24 in.) above the roof line or if the service drop is greater than 100' in length from the pole or support. Masts for support of other than service drops shall comply with this requirement as well.

(6) Intermediate support masts shall be installed in an approved manner with methods identical or equal to those required for service masts.

(7) For altered services, where it is impractical to install U-bolt mast supports due to interior walls remaining closed, it may be permissible to use other alternate mast support methods such as heavy gauge, galvanized, electrical channel material that is secured to 2 or more wooden studs with 5/16'' diameter or larger galvanized lag bolts.

(8) Conductors shall extend a minimum of 450 mm (18 in.) from all mastheads to permit connection to the connecting overhead wiring.

FPN: Drawings E-101 through E-103

FIGURES AND DRAWINGS

WAC 296-46B-230 Drawing E-101

WAC 296-46B-230 Drawing E-102

WAC 296-46B-230 Drawing E-103

(Ord. 4017 § 28, 2005: Ord. 3946 § 1 (part), 2004)

21.70.120 National Electrical Code 230.43 amended—Wiring methods for 600 volts, nominal, or less.

Article 230.43 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of Article 230.43, to read as follows:

Wiring methods for service conductors not exceeding 600 volts, nominal, within a building or structure is limited to the following methods: Rigid metal conduit; Intermediate metal conduit; Wireways; Busways; Auxiliary gutters; Rigid nonmetallic conduit; Cablebus; or Mineral-insulated, metal-sheathed cable (type MI).

Exception: With the approval of the Building Official existing electrical metallic tubing used for service entrance conductors may be permitted to remain, provided it meets all of the following conditions:

a. It was installed prior to October 1984.

b. It is properly grounded.

c. The conduit is installed in a non-accessible location.

d. It is the proper size for the installed conductors.

(Ord. 4017 § 29, 2005: Ord. 3946 § 1 (part), 2004)

21.70.125 National Electrical Code 230.70 amended—General.

Article 230.70 of the National Electrical Code is amended and supplemented by the addition of new subsections to be known as 230.70(A)(1)(a) and 230.70(A)(1)(b), to read as follows:

(a) Outside location: The service disconnect means shall be installed on the building or structure it serves. The service disconnection means shall be labeled with a plate with 1/2 inch letters providing the following information:

(i) The building or structure served; and

(ii) Its function as the building or structure main service disconnect(s).

(b) Inside location: Where the service disconnect is installed inside the building or structure, it shall be located so that the service raceway extends no more than 15 feet inside the building or structure served. Service disconnecting means, panelboards, subpanels and similar electrical equipment shall be adequately illuminated.

(Ord. 4017 § 30, 2005: Ord. 3946 § 1 (part), 2004)

21.70.130 National Electrical Code 230.70 further amended—General.

Subsection (2) of Article 230.70(A) of the National Electrical Code is amended and supplemented to read as follows:

(2) Bathrooms. Service disconnection means, panelboards, subpanels and similar electrical equipment shall not be installed in bathrooms, clothes closets, or shower rooms.

(Ord. 4017 § 31, 2005: Ord. 3946 § 1 (part), 2004)

21.70.135 National Electrical Code 230.90 amended—Service equipment— Overcurrent protection.

Article 230.90 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of Article 230.90(A) Exception No. 3 to read as follows:

Where the service conductors have a lesser ampacity than the overcurrent protection or the equipment rating that they terminate in or on, an identification plate showing the ampacity of the conductors must be installed on the service equipment.

(Ord. 4017 § 32, 2005: Ord. 3946 § 1 (part), 2004)

21.70.140 National Electrical Code 230.95 amended—Ground fault protection of equipment.

Article 230.95 of the National Electrical Code is amended and supplemented by the addition of the following paragraph to follow the first paragraph to read as follows:

Equipment ground fault protection systems shall be performance tested prior to being placed into service to verify proper installation and operation of the system as determined by the manufacturer’s published instructions. This test or a subsequent test shall include all system feeders. A firm having qualified personnel and proper equipment must perform the tests required. A copy of the manufacturer’s performance testing instructions and a written performance acceptance test record signed by the person performing the test must be provided for the inspector’s records at the time of inspection. The performance acceptance test record shall include test details including, but not limited to all trip settings and measurements taken during the test. The equipment being tested shall be labeled identifying the date of the test, the firm performing the test, and all settings for the equipment tested.

(Ord. 4017 § 33, 2005: Ord. 3946 § 1 (part), 2004)

21.70.145 National Electrical Code 230.202 amended—Service-entrance conductors.

Article 230.202 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of Article 230.202, subsection (B), to read as follows:

Wiring methods for service conductors exceeding 600 volts, nominal, within a building or structure is limited to the following methods: Rigid metal conduit; Intermediate metal conduit; Busways; Schedule 80 rigid nonmetallic conduit; Cablebus; metal-clad cable that is exposed for its entire length.

(Ord. 4017 § 34, 2005: Ord. 3946 § 1 (part), 2004)

Article 250. Grounding

21.70.150 National Electrical Code 250.32 amended—Two or more buildings or structures supplied from a common service.

Subsection 250.32(B)(2) of the National Electrical Code is deleted in its entirety and replaced with the following:

An equipment grounding conductor must be installed with the circuit conductors between buildings and/or structures. A grounded conductor (i.e., neutral) is not permitted to be used in place of a separate equipment grounding conductor between buildings and/or structures. It shall be sized in accordance with NEC Table 250.122.

(Ord. 4017 § 35, 2005: Ord. 3946 § 1 (part), 2004)

21.70.155 National Electrical Code 250.50 amended—Grounding electrode system.

Article 250.50 of the National Electrical Code is amended and supplemented by the addition of a new subsection to be known as subsection 250.50(1), to read as follows:

(1)    At each new building or structure served a concrete-encased grounding electrode complying with 250.52(A)(3) of the 2005 Edition of the National Electrical Code(R) shall be installed. All electrodes shall be inspected prior to covering, concealing or the placing of concrete.

Exception: Buildings or structures without a permanent concrete foundation.

(Ord. 4017 § 36, 2005: Ord. 3946 § 1 (part), 2004)

21.70.160 National Electrical Code 250.56 amended—Resistance of rod, pipe and plate electrodes.

Article 250.56 of the National Electrical Code is amended as follows:

Exception: A Temporary construction service is not required to have more than one made electrode FPN: The paralleling efficiency of rods longer than 8' is improved by spacing greater than 6'.

(Ord. 4017 § 37, 2005: Ord. 3946 § 1 (part), 2004)

21.70.165 National Electrical Code 250.104 amended—Bonding of piping systems and exposed structural steel.

Article 250.104 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of the first paragraph of Article 250.104(A), to read as follows:

1.    Hot and cold metal water piping systems are not required to be bonded together if, at the time of inspection, the inspector can determine that the lines are mechanically and electrically joined by one or more metallic mixing valves.

2.    Metallic stubs or valves used in nonmetallic plumbing systems are not required to be bonded to the electrical system unless required by the equipment manufacturer’s instructions.

(Ord. 4017 § 38, 2005: Ord. 3946 § 1 (part), 2004)

21.70.170 National Electrical Code 250.184 amended—Grounding of systems and circuits of one kV and over (high voltage) solidly grounded neutral systems.

Article 250.184(A) of the National Electrical Code is amended and supplemented by the addition of new subsections to be known as subsections 250.184(A)(1) and 250.184(A)(2), to read as follows:

(1) Existing installations.

a. The use of a concentric shield will be allowed for use as a neutral conductor for extension, replacement, or repair, if all of the following are complied with:

(i) The existing system uses the concentric shield as a neutral conductor;

(ii) Each individual conductor contains a separate concentric shield sized to no less than 33 1/2% of the ampacity of the phase conductor for 3-phase systems or 100% of the ampacity of the phase conductor for single-phase systems;

(iii) The new or replacement cable’s concentric shield is enclosed inside an outer insulating jacket; and

(iv) Existing cable (i.e., existing cable installed directly in the circuit between the work and the circuit’s overcurrent device) successfully passes the following tests:

(1) A cable maintenance high potential dielectric test. The test must be performed in accordance with the cable manufacturer’s instruction or the 2001 NETA maintenance test specifications; and

(2) A resistance test of the cable shield. Resistance must be based on the type, size, and length of the conductor used as the cable shield using the conductor properties described in NEC Table 8 Conductor Properties.

An electrical engineer must provide a specific certification to the Building Official or designated representative in writing that the test results of the maintenance high potential dielectric test and the resistance test have been reviewed by the electrical engineer and that the cable shield is appropriate for the installation. The electrical engineer must stamp the certification document with the engineer’s stamp and signature. The document may be in the form of a letter or electrical plans.

Testing results are valid for a period of 7 years from the date of testing. Cable will not be required to be tested at a shorter interval.

b. A concentric shield used as a neutral conductor in a multi-grounded system fulfills the requirements of an equipment grounding conductor.

(c) Where a separate conductor is used as the neutral for an extension, replacement, or repair, the conductor must pass a resistance test. Resistance must be based on the type, size, and length of the conductor used as the cable shield using the conductor properties described in NEC Table 8, Conductor Properties.

(2) New installations.

(a) New installations shall not include extensions of existing circuits.

(b) The use of the concentric shield will not be allowed for use as a neutral conductor for new installations. A listed separate neutral conductor meeting the requirements of NEC 250.184(A) must be installed.

(Ord. 4017 § 39, 2005: Ord. 3946 § 1 (part), 2004)

21.70.175 National Electrical Code 250.184 further amended—Multiple grounding.

Article 250.184 of the National Electrical Code is amended and supplemented by the deletion of the text of subsection 250.184(B) and replacing it with the following text to read as follows:

The neutral of a solidly grounded neutral system may be grounded at more than one point.

(1) Multiple grounding is permitted at the following locations:

(a)    Services;

(b)    Underground circuits where the neutral is exposed; and

(c)    Overhead circuits installed outdoors.

(2)    Multiple grounding is not allowed:

(a)    For new systems where single-point and multigrounded circuits form a single system (e.g., where a single-point circuit is derived from a multigrounded circuit); or

(b)    In new single phase (i.e., single phase to ground) installations.

(Ord. 4017 § 40, 2005: Ord. 3946 § 1 (part), 2004)

21.70.180 National Electrical Code 250.184 further amended—Multigrounded neutral conductor.

Article 250.184 of the National Electrical Code is amended and supplemented by the deletion of the text of subsection 250.184(C) and replacing it with the following text to read as follows:

Where a multigrounded neutral system is used, the following will apply for new balanced phase to phase circuits and extensions, additions, replacements; and repairs to all existing systems of 1 kV and over:

(1)    For existing systems:

(a)    The cable’s concentric shield must be used as the neutral and all the requirements for neutral conductors described in WAC 296-46B-250-6(a) must be met; or

(b)    The cable’s concentric shield must be effectively grounded to a separate bare copper neutral conductor at all locations where the shield is exposed to personnel contact.

(2)    For new systems:

(a)    A separate copper neutral must be installed and the cable’s concentric shield is effectively grounded to the separate neutral at all locations where the shield is exposed to personnel contact.

(3)    In addition to (1) and (2) of this subsection, the following is required:

(a)    A minimum of 2 made electrodes, separated by at least 6', must be installed at each existing and new transformer and switching/overcurrent location and connected to the neutral conductor at that location;

(b)    At least 1 grounding electrode must be installed and connected to the multigrounded neutral every 400 m (1,300 ft.). The maximum distance between adjacent electrodes must not be more than 400 m (1,300 ft.);

(c)    In a multigrounded shielded cable system, the shielding must be grounded at each cable joint that is exposed to personnel contact;

(d)    All exposed noncurrent carrying metal parts (e.g., mounting brackets, manhole covers, equipment enclosures, etc.) must be effectively grounded to the neutral conductor; and

(e)    An electrical engineer must provide a specific certification to the electrical plan review supervisor in writing that the design of the multiple grounding installation has been reviewed by the electrical engineer and the design is in accordance with the requirements of Chapter 19.28 RCW, this chapter, and normal standards of care. The electrical engineer must stamp the certification document with the engineer’s stamp and signature. The document may be in the form of a letter or electrical plans.

(Ord. 4017 § 41, 2005: Ord. 3946 § 1 (part), 2004)

Article 300. Wiring Methods

21.70.185 National Electrical Code 300.4 amended—Protection against damage.

Repealed by Ord. 4017. (Ord. 3946 § 1 (part), 2004)

21.70.190 National Electrical Code 300.11 amended—Securing and supporting.

Article 300.11 of the National Electrical Code is amended to read as follows:

(A) Secured in Place. Raceways, cable assemblies, boxes, cabinets, and fittings shall be securely fastened in place where permitted by the Building Official. Raceways, cables, or boxes may be supported by wires independent of the ceiling support system under the following conditions:

(i) The support wires must be independent of the ceiling support systems and be capable of securing and supporting the raceways, cables or boxes without reducing the integrity of the suspended ceiling system;

(ii) The independent support wires shall be a minimum #12 AWG and adequate to carry the weight and are securely fastened to the building structure and to the ceiling grid;

(iii) Raceways and/or cables are not larger than 3/4'' trade size;

(iv) No more than 2 raceways or cables may be supported by independent support wires and are secured to the support wires by fittings designed and manufactured for the purpose;

(v) Where support wires are installed exclusively for telecommunications cables, Class 2, or Class 3 cables the maximum number of cables allowed shall not be more than 1 1/2 inch diameter when bundled together.

(Ord. 4017 § 43, 2005: Ord. 3946 § 1 (part), 2004)

Article 310. Conductors of General Wiring

21.70.195 National Electrical Code Article 310.12 amended—Conductor identification.

Article 310.12 of the National Electrical Code is amended and supplemented by the addition of a new subsection to be known as subsection 310.12(D), to read as follows:

(D) Each cable operating at over 600 volts and installed on customer owned systems must be legibly marked in a permanent manner at each termination point and at each point the cable is accessible. The required marking must use phase designation, operating voltage, and circuit number if applicable.

(Ord. 4017 § 44, 2005: Ord. 3946 § 1 (part), 2004)

Article 314. Outlet, Device, Pull, and Junction Boxes; Conduit Bodies; Fittings; and Manholes

21.70.200 National Electrical Code Article 314.15 amended—Damp, wet, or hazardous (classified) locations.

Repealed by Ord. 4017. (Ord. 3946 § 1 (part), 2004)

21.70.205 National Electrical Code Article 314.29 amended—Boxes and conduit bodies to be accessible.

Article 314.29 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of the first paragraph of Article 314.29, to read as follows:

Conduit bodies, junction, pull and outlet boxes must be installed so that the wiring contained in them is accessible without removing any part of the building structure, including insulation material.

(Ord. 4017 § 46, 2005: Ord. 3946 § 1 (part), 2004)

Article 334. Nonmetallic-Sheathed Cable: Types NM, NMC and NMS

21.70.210 National Electrical Code Article 334.10 amended—Uses permitted.

Repealed by Ord. 4017. (Ord. 3946 § 1 (part), 2004)

21.70.215 National Electrical Code Article 334.12 amended—Uses not permitted.

Repealed by Ord. 4017. (Ord. 3946 § 1 (part), 2004)

Article 358. Electrical Metallic Tubing: Type EMT

21.70.220 National Electrical Code Article 358.12 amended—Uses not permitted.

Article 358.12 of the National Electrical Code is amended and supplemented by the addition of a new subsection to be known as subsection 358.12(7), to read as follows:

(7) Installed in direct contact with the earth or in concrete on or below grade.

(Ord. 4017 § 49, 2005: Ord. 3946 § 1 (part), 2004)

Article 394. Concealed Knob-and-Tube Wiring

21.70.225 National Electrical Code Article 394.12 amended—Uses not permitted.

Article 394.12 of the National Electrical Code is amended and supplemented by the addition of a new exception to Article 394.12(5), to read as follows:

Exception: Hollow spaces containing existing knob-and-tube wiring may be allowed to remain provided that all of the following conditions are met:

(i) The wiring shall be surveyed by an appropriately licensed electrical contractor who must certify in writing to the Building Official that the wiring is in good condition with no evidence of improper overcurrent protection, conductor insulation failure or deterioration, and with no improper connections or splices. The electrical inspector must inspect all repairs, alterations, or extensions to the electrical system;

(ii) The insulation shall meet Class I specifications as identified in the Uniform Building Code, with a flame spread factor of 25 or less as tested using ASTM E84-81a. Foam insulation may not be used with knob-and-tube wiring;

(iii) All knob-and-tube circuits shall have overcurrent protection in compliance with NEC Table 310.16, 60 degree centigrade, Column C. Overcurrent protection shall be circuit breakers or Type S fuses.

(Ord. 4017 § 50, 2005: Ord. 3946 § 1 (part), 2004)

Article 406

21.70.227 National Electrical Code Article 406 amended—Tamper-resistant receptacles.

Article 406 of the National Electrical Code is amended and supplemented by the addition of a section to be known as Section 406.15, to read as follows:

406.15 Tamper-Resistant Receptacles. Listed tamper-resistant receptacles or listed tamper-resistant receptacle cover plates are required in all licensed day care centers, all licensed children group care facilities and psychiatric patient care facilities where accessible to children five years of age and under. Listed tamper-resistant receptacles are required in psychiatric patient care facilities where accessible to psychiatric patients over five years of age.

(Ord. 4017 § 51, 2005)

Article 410. Luminaires (Lighting Fixtures) Lampholders, and Lamps

21.70.228 National Electrical Code Article 410.04 amended—Bathtub and shower areas.

Section (D) of Article 410.4 of the National Electrical Code is amended to read as follows:

(D) Bathtub and Shower Areas. No parts of cord-connected luminaires (fixtures), chain-, cable-, or cord-suspended luminaires (fixtures), lighting track, pendants, or ceiling-suspended (paddle) fans shall be located within a zone measured five feet horizontally and eight feet vertically from the top of the bathtub rim or shower stall threshold. This zone is all encompassing and includes the zone directly over the tub or shower stall. Luminaires (lighting fixtures) located in this zone shall be listed for damp locations, or listed for wet locations where subject to shower spray. These fixtures must be GFCI protected where there are exposed metal parts.

(Ord. 4017 § 52, 2005)

21.70.230 National Electrical Code Article 410.30 amended—Cord-connected lampholders and luminaires.

Article 410.30 of the National Electrical Code is amended and supplemented by the addition of a new subsection to be known as subsection 410.30(C)(1) (3), to read as follows:

(3) The flexible cord connection must comply with the following:

(1) Connection to a suspended pendant box must utilize an integral threaded hub;

(2) The length of the cord for a suspended pendant drop from a permanently installed junction box to a suitable tension take-up device must not exceed 1.8 m (6 ft);

(3) The flexible cord must be supported at each end with an approved cord grip or strain relief connector fitting/device that will eliminate all stress on the conductor connections;

(4) The flexible cord must be a minimum #14 AWG copper;

(5) The flexible cord ampacity must be determined in NEC Table 400.5(A) column A;

(6) The flexible cord must be hard or extra hard usage; and

(7) A vertical flexible cord supplying electric discharge luminaires must be secured to the luminaire support as per NEC 334.30(A).

(Ord. 4017 § 53, 2005: Ord. 3946 § 1 (part), 2004)

Article 422. Appliances

21.70.235 National Electrical Code Article 422.10 amended—Branch-circuit rating.

Article 422.10 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of Article 422.10(A), to read as follows:

Water heaters with a rated circuit load in excess of 3,500 watts, but less than 4,900 watts, at 208 or 240 volts shall be provided with branch circuit conductors not smaller than #10 AWG copper or equal. Overcurrent protection shall comply with NEC 422.11(E).

(Ord. 4017 § 54, 2005: Ord. 3946 § 1 (part), 2004)

Article 450. Transformers and Transformer Vaults (Including Secondary Ties)

21.70.240 National Electrical Code Article 450.27 amended—Oil-insulated transformers installed outdoors.

Article 450.27 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of the last paragraph of Article 450.27 to read as follows:

Oil-insulated transformers located adjacent to building(s) or structures shall comply with the following:

(1) Transformers shall not be located closer than 2.5 m (8 ft) to any part of a building or structure constructed of combustible material including any eaves, overhangs or decks;

(2) Transformers shall not be located closer than 900 mm (2 ft) to any part of a building or structure constructed of non-combustible material including any eaves, overhangs or decks and must be outside a line extended vertically from the ends of the eaves, overhangs or rooflines of the building or structure;

(3) Transformers shall not be located closer than 2.5 m (8 ft) to any part of doors, windows, stairways, ventilation openings, other types of openings of all buildings or structures;

(4) Transformers shall be located such that any oil leaking from the transformer will flow away from the building or structure and will not pool; and

(5) Transformers located in areas subject to vehicular traffic shall be provided with adequate guarding.

(6) Enclosures for total underground oil filled transformers shall not be located closer than 2.5 m (8 ft) to any part of a doorway, window, stairway or fire escape. Adequate space must be maintained above the enclosure so that a boom may be used to lift the transformer from the enclosure.

FPN: Figures 450-1 and 450-2.

(Ord. 4017 § 55, 2005: Ord. 3946 § 1 (part), 2004)

Article 501

21.70.242 National Electrical Code Article 501 amended—Sewage disposal systems.

Article 501 of the National Electrical Code is amended and supplemented by the addition of a new Section 501.200, to read as follows:

501.200 Sewage Disposal Systems.

(1) Pumping chambers for sewage, effluent, or grinder pumps in on-site and septic tank effluent pump (S.T.E.P.) disposal systems will be considered unclassified when not more than five residential units are connected to the system, residential units are connected to a utility sewage system, or when nonresidential systems have residential loading characteristics and all of the following general installations requirements are complied with:

(a) The pumping chamber must be adequately vented. Venting may be accomplished through the building or structure plumbing vents where the system venting has been approved by the local jurisdiction authority or by a direct two-inch minimum vent to the atmosphere;

(b) Equipment that in normal operation may cause an arc or spark must not be installed in any pumping chamber;

(c) Float switches installed in a pumping chamber must be hermetically sealed to prevent the entrance of gases or vapors;

(d) Junction boxes, conduits and fittings installed in the septic atmosphere must be of a noncorrosive type, installed to prevent the entrance of gases or vapors;

(e) Where a conduit system is installed between the pumping chamber and the control panel, motor disconnect, or power source, an approved sealing method must be installed to prevent the migration of gases or vapors from the pumping chamber, and must remain accessible; and

(f) Wire splices in junction boxes installed in pumping chambers must be suitable for wet locations.

(2) Residential wastewater loading characteristics in a nonresidential installation:

(a) For systems that process less than three thousand five hundred gallons of wastewater per day may be certified by:

(i) An on-site wastewater designer licensed under Chapter 18.210 RCW; or

(ii) A professional engineer, engaged in the business of on-site wastewater system design, licensed under Chapter 18.43 RCW.

(b) For systems that process three thousand five hundred gallons or more of wastewater per day may be certified by a professional engineer, engaged in the business of on-site wastewater system design, licensed under Chapter 18.43 RCW.

Written documentation must be signed and stamped by the designer or engineer and provided to the electrical inspector prior to inspection.

(3) Any residential or nonresidential system that has building or structure floor drains being discharged into the system is classified as Class I Division I. Drains from any commercially made tub, shower, basin, sink, or toilet are not considered floor drains.

(4) Pumping chamber access covers can be covered by gravel, light aggregate, or noncohesive granulated soil, and must be accessible for excavation. Access covers that are buried must have their exact location identified at the electrical panel or other prominent location by an identification plate. The authority having jurisdiction for performing electrical inspections must approve the identification plate location.

(5) Indoor grinder pumps installed in chambers with less than fifty gallons capacity are not required to meet the requirements of this section, except for the venting requirements in subsection (1)(a) of this section. Indoor grinder pumps installed in chambers with less than fifty gallons capacity are not classified systems as described in Article 500 NEC.

(6) Secondary treatment effluent pumping chambers such as sand filters are unclassified, and require no special wiring methods.

(7) Inspection approval is required prior to covering or concealing any portion of the septic electrical system, including the pump. New septic and effluent tanks containing electrical wires and equipment must be inspected and approved prior to being loaded with sewage.

(Ord. 4017 § 56, 2005)

Article 514. Motor Fuel Dispensing Facilities

21.70.245 National Electrical Code Article 514.11 amended—Circuit disconnects.

Article 514.11 of the National Electrical Code is amended and supplemented by the addition of the following text to the last paragraph of Article 514.11(A), to read as follows:

The disconnecting means shall disconnect all conductors of the circuit supplying all station dispensers and/or pumps (including the grounded conductor) simultaneously from the source(s) of supply.

For multi-circuit installations, an electrically held normally open contactor operated by a push-button or other suitable device may serve as the disconnecting means. The push button or disconnecting device shall not function as the resetting mechanism for the electrically held contactor. The resetting means shall meet the following:

(1) Located at least 4.5 m (15 ft) or out of sight of the pushbutton; and

(2) Protected by a suitable cover or guard; and

(3) Identified with an approved identification plate that is substantially black in color.

FPN: WAC 296-46B-514(4)

The disconnecting means shall be labeled with an identification plate, with letters at least 1" high, as the emergency disconnecting means.

The disconnecting means or operator must be:

(1) Substantially red in color; and

(2) For attended facilities—Must be readily accessible and must be located outdoors and within sight of the pump or dispensing equipment it controls; or

(3) For unattended facilities—Must be readily accessible and must be located within sight, but at least 20' from the pump or dispensing equipment it controls.

FPN: WAC 296-46B-514(5)

(Ord. 4017 § 57, 2005: Ord. 3946 § 1 (part), 2004)

Article 517. Health Care Facilities

21.70.250 National Electrical Code Article 517.30 amended—Emergency systems.

Article 517.30 of the National Electrical Code is amended and supplemented by the addition of the following new text to follow the last paragraph of Article 517.30(D), to read as follows:

(D) Capacity of System. In health care facilities, the following methods must be used to determine adequate capacity and ratings of equipment providing electrical power for the essential electrical systems.

(1) Systems in new facilities:

(a) Emergency system: The emergency branch must consist of 2 branches known as:

(i) Life safety system: The feeder conductors and equipment used to supply electrical power to the life safety branch must be determined by summation of the connected loads as determined by Article 220 NEC and may not be subjected to any reduction due to the diversity of the loads. Feeder and equipment will be subject to a 125% multiplier for continuous loads in accordance with Article 220 NEC.

(ii) Critical branch system: The feeder conductors and equipment must be calculated in accordance with Article 220 NEC, including a level of diversity as determined by such article.

(b) Equipment branch: The feeder conductors and equipment used to supply electrical power to the equipment branch of the essential electrical system must be calculated in accordance with Article 220 NEC, including a level of diversity as determined by such article.

(c) Generator sizing: The rating of the generator(s) supplying electrical power to the essential system of a health care facility must meet or exceed the summation of the loads determined in (a) and (b) of this subsection with no additional demand factors applied. Momentary X-ray loads may be ignored if the generator is rated at least 300% of the largest momentary X-ray load connected.

FPN: WAC 296-46B-517(1)

(2) Existing essential systems in facilities to which additional load is to be added:

(a) Existing loads: The existing loads of the separate branches of the essential electrical system may be determined by NEC Article 220.35(1).

(b) Added loads: Added loads to the separate branches of the essential electrical system must be determined by subsection (a) of this section.

(c) Generator sizing: The rating of the generator(s) supplying electrical power to the essential electrical system must meet or exceed the summation of the loads determined by (a) and (b) of this subsection with no additional demand factors applied.

FPN: WAC 296-46B-517(2)

(Ord. 4017 § 58, 2005: Ord. 3946 § 1 (part), 2004)

Article 520. Theaters, Audience Areas of Motion Picture and Television Studios, Performance Areas, and Similar Locations

21.70.255 National Electrical Code Article 520.44 Table deleted—Ampacity of listed extra-hard-usage cords and cables.

Repealed by Ord. 4017. (Ord. 3946 § 1 (part), 2004)

Article 527. Temporary Installations

21.70.260 National Electrical Code Article 527.4(G) amended—Splices.

Repealed by Ord. 4017. (Ord. 3946 § 1 (part), 2004)

Article 553. Floating Buildings

21.70.265 National Electrical Code Article 553.4 amended—Location of service equipment.

Article 553.4 of the National Electrical Code is amended and supplemented by amending Article 553.4 to read as follows:

The service equipment for floating buildings and similar facilities shall have a readily accessible service rated disconnect located on the shoreline within sight of the shoreline connection of the dock, wharf or similar structure to which the floating building or similar facility is moored.

(Ord. 4017 § 61, 2005: Ord. 3946 § 1 (part), 2004)

21.70.270 National Electrical Code Article 553.6 amended—Feeder conductors.

Article 553.6 of the National Electrical Code is amended and supplemented by the addition of new text to follow the first paragraph of Article 553.6, to read as follows:

Floating buildings or similar facilities shall have a disconnecting means located within sight of each floating building or similar facility. The disconnecting means shall be installed adjacent to but not in or on, the floating building or similar facility.

(Ord. 4017 § 62, 2005: Ord. 3946 § 1 (part), 2004)

21.70.275 National Electrical Code Article 553.7(B) amended—Wiring methods.

Article 553.7(B) of the National Electrical Code is amended and supplemented by the addition of new text to follow the first paragraph of Article 553.7(B), to read as follows:

Where flexible cables or cords are used they shall comply with Article 555.13(2). Conductors operating in excess of 600 volts, nominal, shall not be installed on floating portions of a floating building or similar facility.

(Ord. 4017 § 63, 2005: Ord. 3946 § 1 (part), 2004)

Article 555. Marinas and Boatyards

21.70.280 National Electrical Code Article 555.1 amended—Scope.

Article 555.1 of the National Electrical Code is amended and supplemented by amending the last paragraph of Article 555.1 to read as follows:

Private, non-commercial docking facilities constructed or occupied for the use of the owner or residence of the associated single family dwelling are covered by this article.

(Ord. 4017 § 64, 2005: Ord. 3946 § 1 (part), 2004)

21.70.285 National Electrical Code Article 555.5 amended—Transformers.

Article 555.5 of the National Electrical Code is amended and supplemented by amending the last paragraph of Article 555.5 to read as follows:

Transformers and enclosures shall be specifically approved for the intended location. The bottom of enclosures for transformers shall be located a minimum of 12" above the deck of a dock.

(Ord. 4017 § 65, 2005: Ord. 3946 § 1 (part), 2004)

21.70.290 National Electrical Code Article 555.7 amended—Location of service equipment.

Article 555.7 of the National Electrical Code is amended and supplemented by amending the last paragraph of Article 555.7 to read as follows:

The service equipment for floating docks or marinas shall be located adjacent to and within sight but not on or in, the floating structure.

(Ord. 4017 § 66, 2005: Ord. 3946 § 1 (part), 2004)

21.70.295 National Electrical Code Article 555.9 amended—Electrical connections.

Article 555.9 of the National Electrical Code is amended and supplemented by the addition of a new exception to read as follows:

Exception: Connections approved for wet locations.

(Ord. 4017 § 67, 2005: Ord. 3946 § 1 (part), 2004)

21.70.300 National Electrical Code Article 555.10 amended—Electrical equipment enclosures.

Article 555.10 of the National Electrical Code is amended and supplemented by the addition of a second sentence to Subsection (B), to read as follows:

(B) Location. All enclosures must be corrosion resistant, gasketed enclosures must be arranged with a weep hole to discharge condensation.

(Ord. 4017 § 68, 2005: Ord. 3946 § 1 (part), 2004)

21.70.305 National Electrical Code Article 555.13 amended—Wiring methods and installation.

Article 555.13 of the National Electrical Code is amended and supplemented by amending the first paragraph of subsection (B)(1) of Article 555.13 to read as follows:

(1) Overhead Wiring. Overhead wiring shall be installed to avoid possible contact with masts and other parts of boats being moored, stored, serviced or moved.

(Ord. 4017 § 69, 2005: Ord. 3946 § 1 (part), 2004)

21.70.310 National Electrical Code Article 555.19 amended—Receptacles.

Article 555.19 of the National Electrical Code is amended and supplemented by the addition of the following text to follow the first sentence of Article 555.19 to read as follows:

Shore Power Receptacles that provide shore power for boats must be rated not less than 20 amperes and must be single outlet type and must be of the locking and grounding type or pin and sleeve type.

(Ord. 4017 § 70, 2005: Ord. 3946 § 1 (part), 2004)

21.70.315 National Electrical Code Article 555.21 amended—Gasoline dispensing stations—Hazardous (classified) locations.

Article 555.21 of the National Electrical Code is amended and supplemented by labeling the first paragraph subsection (A) and the addition of new subsections to the first paragraph of Article 555.21 to be known as Article 555.21(B) and 555.21(C), to read as follows:

(B) Boundary classifications.

(1) Class I, Division 1. The area under the dispensing unit is a Class I, Division 1 location. If a dock has one or more voids, pits, vaults, boxes, depressions, or similar spaces where flammable liquid or vapor can accumulate below the dock surface and within 20' horizontally of the dispensing unit, then the area below the top of the dock and within 20' horizontally of the dispensing unit is a Class I, Division 1 location.

(2) Class I Division 2. The area 18" above the water line and within 20' horizontally of the dispensing unit is a Class I, Division 2 location. If a dock has one or more voids, pits, vaults, boxes, depressions, or similar spaces where flammable liquid or vapor can accumulate below the dock surface and within 20' horizontally of the dispensing unit, then the area to 18" above the top and adjacent to the sides of the dock and within 20' horizontally of the dispensing unit is a Class I, Division 2 location.

(B) Portable power cable. Portable power cable will be allowed as a permanent wiring method in Class 1, Division 2 locations when protected from physical damage.

(Ord. 4017 § 71, 2005: Ord. 3946 § 1 (part), 2004)

Article 590

21.70.317 National Electrical Code Article 590.1 amended—Scope.

Article 590.1 of the National Electrical Code is amended and supplemented by the addition of a new sentence to follow the first paragraph of Article 590.1, to read as follows:

For the purposes of this section, any circuit used for construction purposes is considered to be temporary.

(Ord. 4017 § 72, 2005)

21.70.319 National Electrical Code Article 590.4(G) amended—General splices.

Article 590.4(G) of the National Electrical Code is amended and supplemented by amending the first sentence of Article 590.4(G), to read as follows:

(G) On construction sites, a box shall be required for splices or junction connections where splices of conductors are less than 2.5 m (8 ft) from grade or floor level or where subject to contact from personnel.

(Ord. 4017 § 73, 2005)

Article 600. Electric Signs and Outline Lighting

21.70.320 National Electrical Code Article 600.3 amended—Listing.

Article 600.3 of the National Electrical Code is amended and supplemented by the addition of the following new text to follow the first paragraph of Article 600.3, to read as follows:

Electric signs within the scope of Underwriters Laboratories Standards for Electric Signs UL 48, shall be listed. Electric signs not covered under the Standards for Electric Signs UL 48 shall be required to be installed in conformance with this Code or be field evaluated by an accredited electrical products testing laboratory.

(Ord. 4017 § 74, 2005: Ord. 3946 § 1 (part), 2004)

21.70.325 National Electrical Code Article 600.10 amended—Portable or mobile signs.

Article 600.10 of the National Electrical Code is amended to read as follows:

600.10 Portable and Mobile Signs.

(A) Support. Portable or mobile signs shall be adequately supported and readily movable without the use of tools.

(B) Attachment Plug. An attachment plug shall be provided for each portable or mobile sign.

(C) Outdoor Locations. Portable or mobile signs in outdoor locations shall comply with 600.10(C)(1) and (C)(2).

(1) A weatherproof receptacle outlet that is weatherproof with the supply cord connected must be installed within six feet of each electrical sign. Extension cords are not permitted to supply portable outdoor signs.

(2) Ground-Fault Circuit Interrupter. Portable or mobile signs shall be provided with factory-installed ground-fault circuit-interrupter protection for personnel. The ground-fault circuit interrupter shall be an integral part of the attachment plug or shall be located in the power-supply cord within 300 mm (12 in.) of the attachment plug.

(Ord. 4017 § 75, 2005: Ord. 3946 § 1 (part), 2004)

21.70.330 National Electrical Code Article 600.10 further amended—Portable or mobile signs.

Repealed by Ord. 4017. (Ord. 3946 § 1 (part), 2004)

21.70.335 National Electrical Code Article 600.21 amended—Ballasts, transformers, and electronic power supplies.

Article 600.21 of the National Electrical Code is amended and supplemented by the addition of a new subsection (G) to Article 600.21, to read as follows:

(G) Outside Awnings. Luminaires installed in outdoor awnings shall be of a type that is suitable for wet locations and be connected by a wiring method suitable for wet locations. Fluorescent luminaires shall be installed so that no part of the luminaire is located closer than 6" to the awning fabric. Incandescent luminaires shall be installed so that no part of the luminaire is located closer than 18" to the awning fabric. Luminaires installed in outside awnings shall be controlled by a disconnect installed in conformance with 600.6.

(Ord. 4017 § 77, 2005: Ord. 3946 § 1 (part), 2004)

21.70.340 National Electrical Code Article 600.30 amended—Applicability.

Article 600.30 of the National Electrical Code is amended and supplemented by amending Article 600.30 to read as follows:

Applicability. Part II of this article shall apply to all field-installed skeleton tubing and neon circuit conductors. These requirements are in addition to the requirements in Part I.

(Ord. 4017 § 78, 2005: Ord. 3946 § 1 (part), 2004)

Article 680. Swimming Pools, Fountains, and Similar Installations

21.70.345 National Electrical Code Article 680.4 amended—Approval of equipment.

Article 680.4 of the National Electrical Code is amended and supplemented by the addition of the following new text to follow the first paragraph of Article 680.4, to read as follows:

Electrical components which have failed and require replacement shall be replaced with identical products unless the replacement part is no longer available; in which case, a like-in-kind product may be substituted provided the mechanical and grounding integrity of the equipment is maintained.

(Ord. 4017 § 79, 2005: Ord. 3946 § 1 (part), 2004)

21.70.350 National Electrical Code Article 680.12 amended—Maintenance disconnecting means.

Article 680.12 of the National Electrical Code is amended and supplemented by the addition of a new subsection (A) to Article 680.12, to read as follows:

(A) Location. The maintenance disconnect for a swimming pool, hot tub, spa, or swim spa shall not be located closer than 5' from the inside wall of the pool, hot tub, spa, or swim spa.

(Ord. 4017 § 80, 2005: Ord. 3946 § 1 (part), 2004)

21.70.355 National Electrical Code Article 680.13 new—Field installed equipment.

Article 680 of the National Electrical Code is amended and supplemented by the addition of a new section to be known as Section 680.13, to read as follows:

680.13 Field Installed Equipment. Field installed electrical equipment for a swimming pool, hot tub, spa or swim spa shall not be located closer than 5' from inside wall of the swimming pool, hot tub, spa or swim spa. The 5' separation may be reduced by the installation of a permanent barrier, such as a solid wall, fixed glass windows or doors, etc. The 5' separation shall be determined by the shortest path or route that a cord can travel from the spa, hot tub, swim spa, or swimming pool to the equipment.

Field installed electrical equipment must meet the following additional requirements:

(1)    Heaters are listed as a “swimming pool heater or a spa heater”;

(2)    Pumps are listed as a “swimming pool pump” or “spa pump” or “swimming pool/spa pump”;

(3)    Other equipment such as panelboards, conduit, and wire are suitable for the environment and comply with the applicable codes;

(4)    The field assembly or installation of “recognized components” shall not be permitted.

(Ord. 4017 § 81, 2005: Ord. 3946 § 1 (part), 2004)

21.70.360 National Electrical Code Article 680.40 amended—General.

Article 680.40 of the National Electrical Code is amended and supplemented by the addition of a new subsection (A) and a new subsection (B) to Article 680.40, to read as follows:

(A) Modular, Self-Contained Spas or Hot Tubs. Equipment assemblies for self-contained spas or hot tubs shall be installed within 1.5 m (5 ft.) from the inside wall of the spa or hot tub. Equipment assemblies shall be listed or field evaluated as a unit with the spa or hot tub.

(B) Packaged Spa or Hot Tub Equipment Assemblies. Equipment assemblies (skid pack) pre-packaged by a factory shall not be installed closer than 1.5 m (5 ft.) from the inside wall of the spa or hot tub and shall be listed as a package unit.

(Ord. 4017 § 82, 2005: Ord. 3946 § 1 (part), 2004)

21.70.370 National Electrical Code Article 680.70 amended—General.

Article 680.70 of the National Electrical Code is amended and supplemented by the addition of the following text to the end of the first paragraph, to read as follows:

Hydromassage bathtubs must be listed as a unit and bear a listing mark which reads “Hydromassage bathtub.”

(Ord. 4017 § 83, 2005: Ord. 3946 § 1 (part), 2004)

Article 700. Emergency Systems

21.70.375 National Electrical Code Article 700.9 amended—Wiring, emergency systems.

Article 700.9 of the National Electrical Code is amended and supplemented by amending Article 700.9(A) to read as follows:

(A) Identification. All boxes and enclosures larger than 150 mm (6 in.) by 150 mm (6 in.) (including transfer switches, generators and power panels) for emergency circuits shall be permanently marked with an identification plate that is orange in color so they will be readily identified as a component of the emergency circuit or system. All other device and junction boxes for emergency systems and circuits must be orange in color, both inside and outside.

(Ord. 4017 § 84, 2005: Ord. 3946 § 1 (part), 2004)

Article 725

21.70.378 National Electrical Code 725.54 amended—Installation of conductors and equipment in cables, compartments, cable trays, enclosures, manholes, outlet boxes, device boxes, and raceways for Class 2 and Class 3 circuits.

Article 725.54 of the National Electrical Code is amended to read as follows:

725.54 Installation of Conductors and Equipment in Cables, Compartments, Cable Trays, Enclosures, Manholes, Outlet Boxes, Device Boxes, and Raceways for Class 2 and Class 3 Circuits. Conductors and equipment for Class 2 and Class 3 circuits shall be installed in accordance with 334.30 and 725.55 through 725.58.

(Ord. 4017 § 85, 2005)

Article 760. Fire Alarm Systems

21.70.380 National Electrical Code Article 760.10 amended—Fire alarm circuit identification.

Article 760.10 of the National Electrical Code is amended and supplemented by the addition of new text to follow the end of the first paragraph, to read as follows:

Device and junction boxes for fire alarm systems other than the surface raceway type shall be red in color, both inside and outside. Power-limited fire protective signaling circuit conductors shall be durably and plainly marked in or on junction boxes or other enclosures to indicate that it is a power-limited fire protective signaling circuit.

(Ord. 4017 § 86, 2005: Ord. 3946 § 1 (part), 2004)

Article 800

21.70.385 National Electrical Code Article 800.2 amended—Definitions.

Article 800.2 of the National Electrical Code is amended and supplemented by the addition of the following definition to read as follows:

“Telecommunications network demarcation point” means the point or interconnection between the service provider’s communications cabling, terminal equipment, and protective apparatus and the customer’s premises telecommunications cabling system. The location of this point for regulated carriers is determined by federal and state regulations. The carrier should be contacted to determine the location policies in effect in the area.

(Ord. 4017 § 87, 2005)

21.70.390 National Electrical Code Article 800 amended—Communication circuits.

Article 800 of the National Electrical Code is amended and supplemented by the addition of a new Section 800.30 to read as follows:

800.30 Designation of Telecommunications Network Demarcation Point.

At the point of telecommunications network demarcation, the telecommunications installer must install an identification plate with the following information:

(a) “Point of demarcation”;

(b) Name of telecommunications utility; and

(c) Name of customer/end user of the system.

(3) The telecommunications installer must confer with the telecommunications utility when determining the point of demarcation.

(Ord. 4017 § 88, 2005)

Chapter 21.74
DEVELOPMENT FEES

Sections:

21.74.010    Scope of chapter.

21.74.015    Administration.

21.74.020    Responsibility for payment of fees.

21.74.025    General provisions for all permits, approvals and development services fees.

21.74.030    General provisions for construction permit fees.

21.74.010 Scope of chapter.

This chapter establishes fees collected by the fire and building department, for development services. For the purpose of this chapter, the term “the director” means fire and building department director or the director’s authorized representative. The term “building official” means the building official or the building official’s authorized representative. (Ord. 3946 § 1 (part), 2004)

21.74.015 Administration.

The director is authorized to interpret the provisions of this chapter and may issue rules for its administration. This includes, but is not limited to, correcting errors and omissions and adjusting fees to match the scope of the project. The fees established here will be reviewed annually, and, effective January 1st of each year, may be administratively increased or decreased, by an adjustment to reflect the current published annual change in the Seattle Consumer Price Index for Wage Earners and Clerical Workers as needed in order to maintain the cost recovery objectives established by the city council. (Ord. 3946 § 1 (part), 2004)

21.74.020 Responsibility for payment of fees.

For the purposes of this chapter, the term “applicant” means the person or organization who paid the fee and/or is responsible for the ongoing payment of the fees. Both the applicant and the owner of the property, for which the permit or approval is required, are individually responsible for the payment of the fees administered under this chapter.

(1)    Fee Requirements. The following applies to the payment of fees and charges:

(A)    No application for a permit, approval, or service under the Kirkland Municipal Code will be accepted by the city unless all fees required at submittal by any city code or regulation have been paid.

(B)    No plans or specifications relating to any application filed with the city under the Kirkland Municipal Code will be reviewed by the city until all fees required for review by any city code or regulation have been paid.

(C)    No final decision on an application for a permit or approval will be made until all fees required by any city code or regulation have been paid, except as authorized by the director.

(D)    No final inspection will be done nor temporary or final certificate of occupancy issued, nor utility project acceptance granted until all fees required by any city code or regulation to be paid prior to such final inspection, issuance of certificate of occupancy, or acceptance have been paid.

(2)    Insufficient Funds. Any applicant whose payment of fees is returned to the city for nonsufficient funds, or whose credit card payment is denied, will be charged the city standard insufficient funds fee. The original fees and the returned check fee are due and payable within five working days of notification. If these fees are not paid within five working days of notification, a stop-work order shall be posted on the site. In addition to the foregoing, the director may take other appropriate actions to collect amounts due.

(3)    Disputes. If a dispute arises as to the validity, or correct amount, of a fee, the fee determined by the city must be paid before the city will conduct any further review, inspection, or service. The fee may be paid under protest, in which case the applicant must specify in writing within thirty days of the date paid, the reason why such fee is not due or is due in a different amount than requested by the city. The written request must be submitted to the director. Within thirty days of the written request the director will make a final determination of whether the fee is due, or if the dispute is as to the amount of the fee, a final determination as to the amount due. There is no administrative appeal of that decision.

(4)    Fee Responsibility Changes. If the original applicant or owner sells or otherwise transfers their interest in a project, they are required to notify the city. They remain liable for fees and charges associated with development services which were incurred prior to the date the city is notified in writing that the fee responsibility has changed. The new applicant or owner is also responsible for such fees and if the same are not paid the director may stop review of the project, revoke any permit or approval or take any other appropriate action.

(5)    Waived Fees. Fees in this chapter shall be waived for the bonus or additional units or floor area being developed in exchange for construction of affordable housing units pursuant to Chapter 112 of the Kirkland Zoning Code. The value of fees to be waived will be the average fee per unit based on the permit fees for the residential portion of the project and the total number of dwelling units in the project that is subject to Chapter 112 of the Kirkland Zoning Code. Any claim for waived permit fees must be made before payment of permit fees. (Ord. 3946 § 1 (part), 2004)

21.74.025 General provisions for all permits, approvals and development services fees.

(a)    Fee Calculation. The fees for applications for development services established or referenced in this ordinance will be calculated using the fee schedule in effect at the time the review, inspection, or service is performed and/or due. Each application stands alone and is considered individually for the purpose of calculating fees.

(b)    City Projects. The fire and building department will collect all appropriate fees for utility-funded, capital investment program, and special purpose fund projects except as authorized by the director.

(c)    Refunds. Any fee established in this chapter which was erroneously paid or collected will be refunded if a timely request is received. Table 1 is used to calculate refunds for applications or issued permits or approvals which are withdrawn, canceled, or expired.

Table 1—Calculating Refunds

Stage in Review Process—Application Submitted
Type of Fee	Review Started
Flat review fee or review fee based on valuation, fixtures, devices, size, lots	Nonrefundable
Stage in Construction Process—Permit Issued
Type of Fee	No Work Started	Work Started
State Building Code	Nonrefundable	Nonrefundable
Flat inspection fee or inspection fee based on valuation, fixtures, devices, size	20% nonrefundable, 80% refundable	Nonrefundable

(1)    Refunds for fees collected and not specifically mentioned herein will be refunded at the direction and discretion of the director or specific ordinance.

(2)    Before any refund is released to the applicant the following will be deducted from the refund amount: all fees or charges owed on the subject application or permit; all fees or charges owed on any associated application or permit; any fees or charges that have been assigned to a collection agency plus the fee added on by the collection agency.

(d)    Definition of Single-Family. For purposes of this chapter, “single-family” means a building containing not more than two dwelling units each having only one kitchen and each designed for occupancy exclusively by one family. In-unit work, in a residential building over two units, will be considered a single-family application when the scope of work is limited to one unit.

(e)    Reinspection Fee. In instances where reinspection fees have been assessed, no additional inspection of the work is performed until the required fees are paid.

(f)    Outside Consultants. For the use of outside consultants for plan checking and inspections, or both: Actual costs, which include administrative and overhead costs.

(g)    Add-On Fees. Fees due after issuance as a result of a field inspection that identified a scope of work different from the work permitted are due and payable within five working days of notification.

(h)    Multi-Building Projects. Separate building, mechanical, electrical, plumbing, and fire protection permits are required for each building in a multi-building complex.

(i)    Work Without a Permit or Approval. It is unlawful to proceed with any work or any portion of any construction, installation, alteration, repair, or use when the required fee has not been paid and the permit or approval issued. When work for which a permit or approval is required by the Kirkland Municipal Code, regulation, or standard is started or proceeded with prior to obtaining that permit or approval, a penalty may be levied in an amount up to double the fee required for the work unlawfully conducted, as determined by the director. This provision does not apply to emergency work when it is proved to the satisfaction of the appropriate director that such work was urgently necessary and that it was not practical to obtain a permit before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so; and if there is an unreasonable delay in obtaining the permit, a double fee (as provided in this chapter) will be charged. The payment of this double fee does not relieve any person from fully complying with the requirements of the Kirkland Municipal Code in the execution of the work or from any other penalties prescribed by law. Such person may also be required to reimburse the city for all expenses related to any enforcement proceedings as determined by the director.

(j)    Consultants. The applicant bears the cost of retaining consultants when the city determines it is necessary to obtain required technical expertise.

(k)    Recording Fees. The applicant bears the cost of fees associated with the recording of documents with King County.

(l)    Additional Review. Review time required on a project prior to, or in lieu of, an application, is charged at the appropriate hourly rate, as determined by the director.

(m)    Definition of Development Service Fee-Based Activity. The fees established herein apply to any activity performed by development services staff required to reach a final decision on an application and to reach the final approval of the work authorized by an issued permit, commonly called “review” and “inspection.” This includes, but is not limited to, review of plans and specifications, site visits, public involvement and public hearings, preconstruction meetings, inspections, reinspections, and occupancy requirements. (Ord. 3946 § 1 (part), 2004)

21.74.030 General provisions for construction permit fees.

(a)    Scope. These general provisions apply to all permits issued by the fire and building department.

(b)    Miscellaneous Inspections and Other Fees. Table 2 is used to calculate fees for miscellaneous inspections and additional plan review.

Table 2—Miscellaneous Inspections and Other Fees 

Type	Per Hour	Minimum Fee	Due
Inspection or plan review outside normal hours (in addition to the normal inspection fee)	$118.50	2 hours	Within 5 days of notification
Plan review resulting from changes to approved plans (in addition to the normal fees associated with a change in scope of work)	$79.00	.5 hour	At revision issuance
Energy/Indoor Air Quality Code		$75.00 + $0.01/square foot	At issuance
Washington State Building Code Council surcharge: building, spa and satellite dish permits		$4.50
Multifamily permits		$4.50 for first dwelling unit + $2.00 each additional unit
Permit renewals		1/2 the original permit fee
Reinspection fee (in addition to the normal inspection fee)	$79.00	1 hour	Within 5 days of notification
Landlord/tenant inspections conducted pursuant to RCW 59.18.115		$15.00	At submittal

(c)    Building Permits.

(1)    Scope. The fees and provisions established here apply to the installation, relocation, addition, demolition, or repair of construction work that requires a permit.

(2)    Determination of Value or Valuation. The determination of the value or valuation under any of the provisions of this chapter, unless otherwise noted, will be made on the basis of building valuation data published by a nationally recognized code organization or other valuation criteria approved by the appropriate director. The valuation to be used in computing the plan review and permit fees will be 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. The “gross area” used in conjunction with the building valuations means the total areas of all floors—measured from the exterior face, outside dimensions, or exterior column line of a building—including basements, cellars, and balconies, but not including unexcavated areas. Where walls and columns are omitted in the construction of a building, such as an open shed or marquee, the exterior wall of the open side or sides will be considered the edge of the roof. When the value is unknown, it will be determined by the appropriate director.

(3)    Building Permit Fee Schedule. Table 3 is used to calculate the building inspection fee once the determination of value has been made. The inspection fee is due at issuance.

Table 3—Building Inspection Fees Based on Valuation 

Total Valuation	Fee
$1.00 to $500.00	$23.50
$501.00 to $2,000	$23.50 for the first $500.00 plus $3.05 for each additional $100.00 or fraction thereof, to and including $2,000
$2,001 to $25,000	$69.25 for the first $2,000 plus $14.00 for each additional $1,000 or fraction thereof, to and including $25,000
$25,001 to $50,000	$391.75 for the first 25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000
$50,001 to $100,000	$643.75 for the first $50,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $100,000
$100,001 to $500,000	$993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000
$500,001 and up	$3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof

(4)    Plan Review Fees. When the plans and/or specifications describing the proposed construction are reviewed by the building official, the fee will be sixty-five percent of the building inspection fee as shown on Table 3. A plan review deposit is due at submittal, and any excess of the deposit over the plan review fee owed will be credited to the issuance fees. If the deposit is insufficient to cover the plan review fee, the applicant will pay the amount of the insufficiency at the time of issuance.

(5)    State Building Code Fee. The state building code fee is collected at issuance for the state on all building, spa, satellite dish, antenna, and demolition permits at the rate of four dollars and fifty cents each. The fee for multifamily building permits is four dollars and fifty cents for the first unit and two dollars for each additional unit. The fee is due at issuance.

(6)    Single-Family Combination New Construction Permits. The fee for the mechanical and plumbing permits of a single-family, new construction permit are each eight percent of the building inspection fee. The fee for the electrical permit is nine and one-half percent of the inspection fee. These fees are due at issuance and are in addition to the building inspection fee.

(7)    Fees for Sign Permits. Table 4 is used to calculate fees for sign permits. The plan review fee is due at submittal and the inspection fee is due at issuance.

(8)    Fees for Moving Buildings. Table 5 is used to calculate fees for moving buildings. The fee is due at issuance.

Table 4—Sign Permits

	Fee
Plan Review
Nonilluminated signs (each sign)	Table 3—minimum fee $40.00
Illuminated signs (each sign)	Table 3—minimum fee $79.00
Inspection Fees
Marquee or building-mounted sign (each sign)	Table 3—minimum fee $40.00
Freestanding or pole-mounted sign (each sign)	Table 3—minimum fee $65.00

Table 5—Moving Buildings

Application Filing Fee
Move Type	Fee
Class I & II	$100.00
Class III & IV	$75.00
Inspection Fee—Class I or II only
Distance from City Hall
Up to 10 miles	$130.00
Over 10 miles	$130.00 plus $1.00/mile
Right-of-Way Inspection Fee
Dimensional Combinations	Normal Business Hours	After Hours
1	$55.20	$81.05
2	$110.40	$162.05
3 or more	$