HomeMy WebLinkAbout3914 Ordinance No . 3914
(Amending or Repealing Ordinances)
CFN= 131 - Zoning Codes
205 - Uniform Building Codes
Passed - 4/21/09
Extension of Deadlines Amend KCC 12.01 and KCC 14.01
(Sections 12.01.110; 14.01.030 and 14.01.040)
Amends Ords. 3415;3424;3574;3690;3839
Amended by Ord. 3956 (Secs. 14.01.030;14.01.040)
Amended by Ord. 4044 (sec. 12.01.110)
The date["Beginning July 1, 1998"]has led to confusion This date will be deleted from cover sheets of
ordinance/resolutim revision pages. This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/21/2012
I
ORDINANCE NO. ?lq
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending chapter 12.01
of the Kent City Code, entitled "Administration of
Development Regulations," and chapter 14.01 of
the Kent City Code, entitled "Building Codes," to
allow extensions of deadlines for land use and
building permit applications and deadlines for
building permits that have been issued.
RECITALS
A. The current slowing of the United States economy and
downturn in new home sales has limited the ability of developers and new
home builders to obtain credit and to build and sell their products. As a
result, the Master Builders Association of King County, on behalf of their
members, has requested regulatory relief in the form of the extension of
expiration deadlines for land use and building permit applications and
expiration deadlines for permits that have been issued. The City of Kent
recognizes the need for such extensions beyond what is normally allowed
under the Kent City Code in light of the current economic slowdown.
B. Titles 12 and 14 of the Kent City Code include provisions for
the processing, issuance, and expiration of permits and permit
applications. The City of Kent has determined that temporarily extending
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01
the deadlines for permits and permit applications would be in the best
interest of the citizens and property owners of the City of Kent.
C. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed Kent City Code amendments are
procedural in nature, and further SEPA analysis is not required for these
local code amendments.
D. On April 3, 2009, the City requested expedited review from
the state of Washington under RCW 36.70A.106 of the City's intent to
adopt amendments to chapter 12.01 and 14.01 KCC. Approval for
expedited review was granted on April 20, 2009.
E. A public hearing was held by the City Council's Planning and
Economic Development on April 13, 2009, and the City Council adopted
these amendments at its meeting on April 21, 2009.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 12.01.110 of the Kent City
Code is amended as follows:
Sec. 12.01.110 Procedure for complete, but "incorrect
applications."
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A. Following a determination of a complete application and the
commencement of project review, the city may make a determination in
writing that some information is incorrect, and that corrected information
be submitted. The applicant shall have up to ninety (90) calendar days to
submit corrected information (the "resubmittal period".
B. The city shall have fourteen (14) calendar days to review the
submittal of corrected information. If the corrected information is still not
sufficient, the city shall notify the applicant in writing that the submitted
information is incorrect, and the resubmittal period _set forth
in subsection (A) of this section shall be repeated. This process may
continue until complete or corrected information is obtained.
C. If the applicant either refuses in writing to submit corrected
information or does not submit the corrected information within the
resubmittal period, the application shall
lapse.
D. Provided however, that applications that are within the
resubmittal period as of May 21, 2009; or which become subject to the
resubmittal period after May 21, 2009 and before December 31, 2009,
shall have until December 31, 2009 or the end of the resubmittal period,
whichever is later, to submit the required information.
ED. If the requested corrected information is sufficient, the city
shall continue with project review, in accordance with the time calculation
exclusions set forth in KCC 12.01.180.
SECTION 2. - Amendment. Section 14.01.030 of the Kent City
Code is amended as follows:
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01
Sec. 14.01.030 Amendments to the International Building
Code. The following local amendments to the International Building Code
previously adopted in KCC 14.01.010 are hereby adopted and incorporated
into the International Building Code:
A. General - Building code appendices adopted. Section 101 of
the International Building Code, entitled "General," is amended by adding
the following new subsection 101.5:
Sec. 101.5. Building code appendices adopted.
Appendices C and J to the International Building Code are
hereby adopted; however, the public works director shall
have the authority to enforce and interpret Appendix J
and, accordingly, all references to the "building official" in
Appendix J shall be substituted with the words "public
works director."
B. Duties and powers of building official - Lot lines and setback
Innes. Section 104 of the International Building Code, entitled "Duties and
Powers of Building Official," is amended by adding the following new
subsection 104.12:
Sec. 104.12. Lot lines and setback lines. Notwithstanding
the authority of the building official to administer and
enforce the building code, the building official shall have
no duty to verify or establish lot lines or setback lines. No
such duty is created by this code, and none shall be
implied.
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01
C. Permits - Expiration of project permit application. Section
105 of the International Building Code, entitled "Permits," is amended by
substituting subsection 105.3.2 with the following:
Sec. 105.3.2. Expiration of project permit application.
Project permit applications that are subject to Ch. 12.01
KCC or that require SEPA review are subject to those
deadlines. All other project permit applications shall
expire by limitation if no permit is issued 180 days after
the determination that a fully complete project permit
application, as defined in KCC 14.11.020, has been
submitted, unless that application has been pursued in
good faith. The building official may extend the time for
action on the permit application for one or more periods,
each period not exceeding 90 days, upon written request
by the applicant showing that circumstances beyond the
control of the applicant have prevented action from being
taken. If an application has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed by the building
official. In order to renew action on an expired
application, the applicant shall resubmit plans and pay a
new review fee.
D. Permits - Extension of expiration of project permit time
r ngit. tion wi application Section 105 of the International Building
Code, entitled "Permits," is amended by adding the following new
subsection 105.3.3:
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01
Sec 105.3.3. Notwithstanding the provisions of
subsection 105.3.2 a full complete protect permit
application submitted on or after July 1, 2007 and before
October 1-2009, shall not expire by limitation accordin
to the provisions of subsection 105.3.2, but shall expire
by limitation on June 30 2010, if the proJect permit
applied for has not been issued by June 30 2010. No
further extension will be granted.
E. Permits - Extension of time to commence work under
building_ permit. Section 105 of the International Building Code,
entitled "Permits," is amended by adding the following new subsection
105.5.1:
Section 105.5.1. Notwithstanding the provisions of
subsection 105.5, a building permit issued on or after July
1 2007 and before January 1, 2010, shall remain valid if
the work authorized by such permit is commenced on or
before December 31 2010provided the work has not
been suspended or abandoned fora period of 180 days
after the time the work is commenced.
$F. Board of appeals. Section 112 of the International Building
Code, entitled "Board of Appeals," is amended by substituting Section 112
with the following:
Sec. 112. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01
determinations made by the building official relative to
the suitability of alternate materials, design, and methods
of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be
made as set forth in KCC 14.01.100.
-EG. Additional height increases. Section 504 of the International
Building Code, entitled "Height," is amended by adding the following new
subsection 504.4:
Sec. 504.4. Additional height increases. For Group B or
Group R, Divisions 1 and 2 Occupancies, the permitted
increase of one story allowed by subsection 504.2 may
be increased to two stories when all of the following
conditions are met:
1. An automatic fire sprinkler system complying with
Section 903.3.1.1 is installed throughout with the installation of quick
response sprinkler heads in all areas where the use of these heads is
allowed.
2. Vertical exit enclosures are constructed as
smokeproof enclosures or pressurized stair enclosures in accordance
with Section 909.20.
3. Standby power is supplied for light, emergency, and
any exit enclosure pressurization systems used, as provided in Sections
403.10 and 909.20.6.2, and the adopted edition of the National
Electrical Code. Connection ahead of service disconnect means shall be
permitted for standby power.
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01
4. Walls separating dwelling units or sleeping units,
and corridor walls in Group R, Divisions 1 and 2 Occupancies shall be
constructed as 1 -hour fire partitions as provided in Section 708.
Reduction of the fire -resistance rating is not permitted.
5. All exterior walls, including those with a fire
separation distance of more than five feet, shall be of not less than 1 -
hour fire -resistance rated construction on the interior and the exterior
of the wall.
6. Structural observation is provided during
construction in accordance with Sections 1702 and 1709.1.
7. An emergency voice/alarm communication system
complying with subsections 907.2.12.2 through 907.2.12.2.3 is
installed.
8. Approved supervised indicating control valves shall
be provided at the point of connection to the automatic fire sprinkler
system riser on each floor.
9. Structures meeting the requirements of this
subsection shall have an automatic sprinkler zone per floor. All zones
must report independently.'
SECTION 2. - Amendment. Section 14.01.040 of the Kent City
Code is amended as follows:
Sec. 14.01.040 Amendments to the International Residential
Code. The following local amendments to the International Residential
Code previously adopted in KCC 14.01.010 are hereby adopted and
incorporated into the International Residential Code:
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01
A. Duties and powers of building official - Lot lines and setback
lines. Section R104 of the International Residential Code, entitled "Duties
and Powers of Building Official," is amended by adding the following new
subsection R104.12:
Sec. R104.12. Lot lines and setback lines.
Notwithstanding the authority of the building official to
administer and enforce the building code, the building
official shall have no duty to verify or establish lot lines or
setback fines. No such duty is created by this code, and
none shall be implied.
B. Permits - Substantially improved or substantially damaged
existing buildings in areas prone to flooding. Section R105 of the
International Residential Code, entitled "Permits," is amended by
substituting subsection R105.3.1.1 with the following:
Sec. R105.3.1.1. Substantially improved or substantially
damaged existing buildings in areas prone to flooding.
The building official may require that all applications for
reconstruction, rehabilitation, addition, or other
improvement of existing buildings or structures located in
an area prone to flooding be submitted in accordance with
Ch. 14.09 KCC.
C. Permits - Expiration of project permit application. Section
R105 of the International Residential Code, entitled "Permits," is amended
by substituting subsection R105.3.2 with the following:
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01
Sec. R105.3.2. Expiration of project permit application.
Project permit applications that are subject to Ch. 12.01
KCC or that require SEPA review are subject to those
deadlines. All other project permit applications shall
expire by limitation if no permit is issued 180 days after
the determination that a fully complete project permit
application, as defined in KCC 14.11.020, has been
submitted, unless that application has been pursued in
good faith. The building official may extend the time for
action on the permit application for one or more periods,
each period not exceeding 90 days, upon written request
by the applicant showing that circumstances beyond the
control of the applicant have prevented action from being
taken. If an application has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed by the building
official. In order to renew action on an expired
application, the applicant shall resubmit plans and pay a
new review fee.
D. Permits - Extension of time limitation on application.
Section R105 of the International Residential Code, entitled "Permits,"
is amended by adding the following new subsection R105.3.3:
Sec. R105.3.3. Notwithstanding the provisions of
subsection R105.3.2, a fully complete project permit
application submitted on or after July 1, 2007 and before
October 1, 2009, shall not expire by limitation according
to the provisions of subsection R105.3.2, but shall expire
by limitation on June 30, 2010, if the project permit
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01
applied for has not been issued by June 30, 2010. No
further extension will be granted.
E. Permit - Extension of time to commence work under
building permit. Section R105 of the International Building Code,
entitled "'Permits," is amended by adding the following new subsection
R105.5.1:
Sec. R105.5.1. Notwithstanding the provisions of
subsection R105.5, a building permit issued on or after
July 1, 2007 and before January 1, 2010, shall remain
valid if the work authorized by such permit is commenced
on or before December 31, 2010, provided the work has
not been suspended or abandoned for a period of 180
days after the time the work is commenced.
9F. Fees - Building permit valuations. Section R108 of the
International Residential Code, entitled "Fees," is amended by substituting
subsection R108.3 with the following:
Sec. R108.3. Building permit valuations. The permit
applicant shall provide an estimated permit value at time
of application. Permit valuations shall include total value of
the work, including materials and labor, for which the
permit is being issued. (The work would include, for
example and without limitation, electrical, gas,
mechanical, and plumbing equipment and other
permanent systems.) If the building official decides that
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Extension of Deadlines
Amend KCC 12,01 and KCC 14.01
the permit valuation is underestimated, the permit
application shall be denied, unless the applicant can show
detailed estimates to meet the approval of the building
official. f=inal building permit valuation shall be set by the
building official.
GE. Certificate of occupancy. Section R110 of the International
Residential Code, entitled "Certificate of Occupancy," is hereby repealed.
H -F. Board of appeals. Section R112 of the International
Residential Code, entitled "Board of Appeals," is amended by substituting
Section R112 with the following:
Sec. R112. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to
the suitability of alternate materials, design, and methods
of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be
made as set forth in section 14.01.100 of the Kent City
Code. Any appeal to an order, decision, or determination
of the public works director with respect to work within a
flood hazard area shall be made in accordance with Ch.
SECTION 4. — Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.0.1
SECTION 5. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
ATTEST:
BRENDA JACOBER, CITY 61ERK
APPROVED AS TOF-QRM:
qOM BRVa 7
PASSED:
APPROVED:
KER, CITY ATTORNEY
,=;z/
PUBLISHED: I -Q's-
day of / , 2007
day of 200 Z
day of '2007
I hereby certify that this is a true copy of Ordinance No. _311
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
SEAL)
'• BRENDA JACOBO, CITY CLERK
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Extension of Deadlines
Amend KCC 12.01 and KCC 14.01