HomeMy WebLinkAbout3956ORDINANCE NO. 395b
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various
sections of Ch. 14.01 of the Kent City Code to
adopt the 2009 ed1t1ons of the International
Building, Residential, Mechanical Codes 1 Plumbing,
and Existing Building Code; to revise Section
14.08.020 to refer to the newly adopted codes;
and to make other housekeeping amendments.
RECITALS
A. In response to legislative amendments adopted by the State
of Washington 1 the Kent City Council enacted Ordinance No. 3839 on May
15 1 2007, which adopted the 2006 editions of the International Building,
Residential, and Mechanical Codes, and the 2006 edition of the Uniform
Plumbing Code. The state recently adopted the 2009 edition of these
codes, and added the 2009 ed1t1on of the International Existing Building
Code, which all take effect and apply to all c1t1es in the state on July 1,
2010. Therefore, it 1s necessary to amend the Kent City Code to formally
adopt the same.
B. In addition to adopting the 2009 code editions, this ordinance
also makes other housekeeping amendments, including elimination of
reference to the Washington State Ventilation and Indoor Air Quality Code,
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which has been repealed by the State, and updating references to code
sections that have been re-numbered in the 2009 editions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Chapter 14.01 of the Kent City Code,
entitled "Building Codes," is amended as follows:
Chapter 14.01
BUILDING CODES
Sec. 14.01.010. Building codes -Adopted. In accordance with
Chapter 19.27 RCW 1 the following codes (collect1vely 1 the "building codes")
together with any additions, deletions, and exceptions currently enacted or
as may be amended from time to time by the state of Washington through
its Building Code Council pursuant to the Washington Administrative Code
("WAC"), and as further amended in this chapter, are adopted by
reference:
A. The International Building Code, 20062 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-50
WAC.
I
B. The International Existing Building Code, 2009 Edition. published by
the International Code Council, Inc., but its application is l1m1ted as
provided for in Chapter 34 of the International Building Code, and as
amended pursuant to WAC 51-50-480000 through WAC 51-50-481500.
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~B. The International Residential Code, 20026 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-51
WAC.
DE. The International Mechanical Code, 20026 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-52
WAC.
f.9. The Uniform Plumbing Code, 20026 Ed1t1on, published by the
International Assoc1at1on of Plumbing and Mechanical Officials, as amended
pursuant to Chapter 51-56 WAC and the Uniform Plumbing Code Standards
(Appendices A, B, and I to the Uniform Plumbing Code), as amended
pursuant to Chapter 51-57 WAC •
.EE. The Uniform Housing Code, 1997 Edition, published by the
International Conference of Building Off1c1als.
Gf. The Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, published by the International Conference of Building Officials.
HG. The Washington State Energy Code as written by the Washington
State Building Code Council pursuant to Chapter 51-11 WAC.
H. The \l'v'ashiAgteFl State V-eAtilatieA aAfl IAfleor Air Quality Code as
wntt:eA by the v.'ashiAgtoA State BuildiAg Code CouAcil pursuaFlt to Chapter
51 13 'WAC.
One (1) copy of each of these codes is on file with the C1ty;s building
official.
Sec. 14.01.020. Code conflicts. To the extent allowed by RCW
19.27.040, if a conflict exists between the prov1s1ons of the state building
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codes adopted by the Washington State Building Code Council and the
provisions of this chapter, the Kent City Code prov1s1ons shall govern.
Sec. 14.01.030. Amendments to the International Building
Code. The following local amendments to the International Building Code,,,
including all amendments enacted by the State of Washington 13rev1ously
adopted 1n l<CC 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" 1n Appendix J shall be substituted
with the words "public works director."
B. Duties and powers of building off1c1al -Lot lines and setback lines.
Section 104 of the International Building Code, entitled "Duties and Powers
of Building Off1c1al," 1s 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
off1c1al shall have no duty to verify or establish lot
Imes or setback Imes. No such duty 1s created by this
code 1 and none shall be implied.
C. Permits -Expirat10n 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 pro1ect permit application.
Project permit applications that are subject to Ch.
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12.01 KCC or that require SEPA review are subject to
~the deadlines established by that code chapter or
by SEPA. All other project permit appl1cat1ons shall
expire by limitation if no permit is issued 180 days
after the determination that a fully complete pro1ect
permit application, as defined in KCC 14.11.020, has
been submitted, unless that application has been
pursued in good faith as determined solely in the
Building Off1c1al's discretion. The building off1c1al may
extend the time for action on the permit application
for one or more periods, each period not exceeding 90
days1 upon written request by the appl 1cant showing
that circumstances beyond the control of the applicant
have prevented action from being taken. If an
appl1cat1on has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed ... by the building
offlc1al. In order to renew action on an expired
application, the applicant shall resubmit plans and pay
a new review fee at the rates in effect at the time of
resubmission.
D. Permits -Extension of expiration of project permit application.
Section 105 of the International Building Code, entitled "Permits," is
amended by adding the following new subsection 105.3.3:
Sec. 105.3.3. Extension of expiration of project
permit application. Notwithstanding the prov1s1ons of
subsection 105.3.2, a fully complete project permit
application submitted on or after July 1, 2007, and
before October 1, 2009, shall not expire by llm1tat1on
according to the provisions of subsection 105.3.2, but
shall expire by l1m1tat1on on June 30, 2010, 1f 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,"
1s amended by adding the following new subsection 105.5.1:
Sectwn 105.5.1. Extension of time to commence work
under building permit. Notwithstanding the provisions
of subsection 105.5, a building permit issued on or
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after July 1, 2007, and before January 1, 2010, shall
remain valid 1f the work authorized by such permit 1s
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 1s commenced.
F. Board of appeals. Section 11.3.-2: of the International Building Code,
entitled "Board of Appeals," is amended by substituting Section llJ.-2: with
the following:
G.
Sec. 1132-. 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 sU1tab1l1ty 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.
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, Div1s1ons 1 and 2 Occupancies, the
permitted increase of one story allowed by subsection
504.2 may be increased to two stones when all of the
following cond1t1ons are met:
1. An automatic fire sprinkler system complying
with Section 903.3.1.1 1s 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 403.4. 7ffi 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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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 70.28. 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 f1re-res1stance rated construction
on the mtenor and the exterior of the wall.
6. Structural observation 1s provided during
construction 1n accordance with Sections 1702 and
171099-;-1-.
7. An emergency voice/alarm communication
system complying with subsections 907.5.2.22.12.2
through 907.5.2.2.42.12.2.3 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.
Sec. 14.01.035. Amendments to the International Existing
Building Code. The following local amendments to the International
Existing Building Code are hereby adopted and incorporated into the
International Ex1st1ng Building Code:
A. All references to the "code official" in the International Existing
Building Code shall be substituted with the words "building official."
B. Duties and powers of building official -Lot lines and setback lines.
Section 104 of the International Existing Building Code. entitled "Duties
and Powers of Code Off1c1al." 1s 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
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International Building, Residential,
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lines or setback lines. No such duty is created by this
code. and none shall be 1mpl1ed.
C. Permits -Expiration of project oermit application. Section 105 of
the International Existing Building Code. entitled "Permits,'' 1s amended by
substituting subsection 105.3.2 with the following:
Sec. 105.3.2. Expiration of project oermit application.
Project permit appl1cat1ons that are subject to Ch.
12.01 KCC or that require SEPA review are subject to
the deadlines established by that code chapter or by
SEPA. All other pro1ect permit applications shall expire
by l1m1tation 1f no permit is issued 180 days after the
determination that a fully complete project permit
application, as defined m KCC 14.11.020. has been
submitted, unless that application has been pursued in
good faith as determined solely in the Building
Official's discretion. The building official may extend
the time for action on the permit appl1cat1on 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
apphcat1on has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed. In order to
renew action on an expired application, the applicant
shall resubmit plans and pay a new review fee at the
rates in effect at the time of resubmission.
D. Permits -Extension of expiration of project permit application.
Section 105 of the International Existing Building Code, entitled "Permits,"
1s amended by adding the following new subsection 105.3.3:
Sec. 105.3.3. Extension of expiration of project
permit application. Notwithstanding the provisions of
subsection 105.3.2, a fully complete project permit
application submitted on or after July 1, 2007, and
before October 1. 2009. shall not expire by l1m1tat1on
according to the provisions of subsection 105.3.2, but
shall expire by limitation on June 30. 2010. 1f the
project permit applied for has not been issued by June
30. 2010. No further extension will be granted.
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E. Permits -Extension of time to commence work under building
permit. Section 105 of the International Existing Building Code. entitled
"Permits,'' 1s amended by adding the following new subsection 105.5.1:
Section 105. 5.1. Extension of time to commence work
under bui/dmg permit. Notwithstanding the provisions
of subsection 105.5, a building permit issued on or
after July 1. 2007, and before January L 2010. shall
remain valid if the work authorized by such permit 1s
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 1s commenced.
F. Certificate of Occupancy -Altered area use and occupancy
classificatmn change. Section 110 of the International Existing Building
Code, entitled "Certificate of Occupancy." is amended by substituting
subsection 110.1 with the following:
Sec. 110.1. Altered area use and occupancy
classification change. No altered area of a building
and no relocated building shall be used or occupied.
and no change in the existing occupancy classification
of a building or portion thereof shall be made until the
building official has issued a cert1f1cate of occupancy
therefor as provided herein. except that no cert1f1cate
of occupancy is required for detached one-and two-
family dwellings and multiple single-family dwellings
(townhouses) not more than three stories above grade
plane in height with a separate means of egress and
their accessory structures subject to the provisions of
the International Residential Code. 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.
Gf. Board of appeals. Section 112 of the International Existing Building
Code. entitled "Board of Appeals," 1s amended by substituting Section 112
with the following:
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International Building, Residential,
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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 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.
Sec. 14.01.040. Amendments to the International
Residential Code. The following local amendments to the International
Res1dent1al Code. including all amendments enacted by the State of
Washington previously adopted m l<CC 14.01.010.,. are hereby adopted and
incorporated into the International Res1dent1al Code:
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 off1c1al 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 1s created by this
code, and none shall be implied.
B. Permits -Substantially improved or substantially damaged existing
buildings in areas prone to flooding. Section RlOS of the International
Res1dent1al Code, entitled "Permits," is amended by substituting subsection
RlOS.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 off1c1al may require
that all applications for reconstruction, rehabi11tat1on,
add1t1on, or other improvement of existing buildings or
structures located in an area prone to flooding be
submitted in accordance with Ch. 14. 09 KCC.
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C. Permits -Expiration of project permit application. Section RlOS of
the International Residential Code, entitled "Permits," is amended by
substituting subsection RlOS.3.2 with the following:
Sec. R105.3.2. Expiration of pro1ect permit
application. ProJect permit applications that are
sub]ect to Ch. 12.01 KCC or that require SEPA review
are subJect to =EResethe deadlines established by that
code chapter or by SEPA. All other proJect permit
applications shall expire by limitation 1f no permit 1s
issued 180 days after the determination that a fully
complete proJect permit appl1cat1on, as defined 1n KCC
14.11.020, has been submitted, unless that
application has been pursued m good faith~
determined solely in the Building Official's d1scret1on.
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 appl1cat1on has expired, plans and
other data previously subm 1tted 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 at the rates in effect at the
time of resubmission.
D. Permits -Extenst0n of time limitation on application. Section RlOS
of the International Residential Code, entitled "Permits," is amended by
adding the following new subsection RlOS.3.3:
Sec. R105.3.3. ExtensJOn of time limitation on
aoolication. Notwithstanding the prov1s1ons 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 l1m1tat1on
according to the provisions of subsection RlOS.3.2,
but shall expire by l1mitat1on on June 30, 2010, 1f the
proJect permit applied for has not been issued by June
30, 2010. No further extension will be granted.
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E. Permits -Extension of time to commence work under building
permit. Section RlOS of the International Residential Code, entitled
"Permits," is amended by adding the following new subsection RlOS.5.1:
Section R105.5.1. Extension of time to commence
work under building permit. Notwithstanding the
provisions of subsection RlOS.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 1s commenced.
F. 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 l1mitat1on, electrical,
gas, mechanical, and plumbing equipment and other
permanent systems.) If the building off1c1al decides
that the permit valuation 1s underestimated, the
permit appl1cat1on shall be denied, unless the applicant
can show detailed estimates to meet the approval of
the building official. Final building permit valuation
shall be set by the building official.
G. Certificate of occupancy. Section R110 of the International
Residential Code, entitled "Cert1f1cate of Occupancy," 1s hereby repealed.
H. Board of appeals. Section Rl 12 of the International Res1dent1al
Code, entitled "Board of Appeals," 1s amended by substituting Section
R112 with the following:
Sec. Rl 12. 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,
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And Mechanical Codes -2009 Update
or determinations made by the building official relative
to the suitab1l1ty 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 m 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 w1th1n a flood hazard
area shall be made m accordance with Ch. 14.09 KCC.
Sec. 14.01.050. Amendments to the Uniform Plumbing Code.
The following local amendments to the Uniform Plumbing Code, including
all amendments enacted by the State of Washington previously adopted in
l<CC 14.01.010.,_ are hereby adopted and incorporated mto the Uniform
Plumbing Code:
A. Title, scope, and general -Appendices adopted. Section 101 of the
Uniform Plumbing Code, entitled "Title, Scope, and General," 1s amended
by adding the following new subsection 101.6:
Sec. 101.6. Appendices adopted. The Uniform
Plumbing Code standards set forth in Appendices A, B,
and I of the Uniform Plumbing Code are hereby
adopted.
B. Organization and enforcement -Pena/ties. Section 102 of the
Uniform Plumbing Code, entitled "Organization and Enforcement," is
amended by subst1tut1ng subsection 102.3.2 with the following:
Sec. 102.3.2. Penalties. Any person who violates a
provision of this code or fails to comply with any of its
requirements or who erects, installs, alters, or repairs
plumbing work m violation of: (a) the approved
construction documents, (b) a directive of the building
code official, or (c) a permit or certificate issued under
the prov1s1ons of this code, shall be subject to
penalties as set forth in Ch~. 14.08 and 1.04 KCC or
as otherwise provided by law.
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C. Organization and enforcement -Board of appeals. Section 102 of
the Uniform Plumbing Code, entitled "Organization and Enforcement," is
amended by adding the following new subsection 102.4:
Sec. 102.4. 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,
dec1s1ons, or determ1nat1ons made by the building
off1c1al relative to the suitability of alternate materials,
designs, and methods of construction and appeals of
the reasonable application and interpretation of the
building codes. Appeals shall be made as set forth m
section 14.01.100 of the Kent City Code.
D. Permits and inspections -Expiration of project permit application.
Section 103 of the Uniform Plumbing Code, entitled "Permits and
Inspections," 1s amended by substituting subsection 103.4.3 with the
following:
Sec. 103.4.3. Expiration of project permit application.
Project permit applications that are subject to Ch.
12.01 KCC or that require SEPA review are subject to
tft.esethe deadlines established by that code chapter or
by SEPA. All other project permit applications shall
expire by l1m1tatmn if no permit 1s 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 as determined solely in the
Building Official's discretion. 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
off1c1al. In order to renew action on an expired
application, the applicant shall resubmit plans and pay
a new review fee at the rates m effect at the time of
resubm1ss1on.
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Sec. 14.01.060. Amendments to the International
Mechanical Code. The following local amendments to the International
Mechanical Code, including all amendments enacted by the State of
Washington previously adopted in KCC 14.01.010 arc hereby adopted and
incorporated into the International Mechanical Code as 1f fully set forth
therein.
A. Permits -Expiration of project permit application. Section 106 of the
International Mechanical Code, entitled "Permits," is amended by
substituting subsection 106.3.3 with the adding the following_;_ ne\>\'
subsection 106.3.2:
Sec. 106.3.32:. Expiration of project permit application.
Project permit appl1cat1ons that are subject to Ch.
12.01 KCC or that require SEPA review arc subject to
th~ese deadlines established by that code chapter or
by SEPA. All other project permit applications shall
expire by limitation 1f no permit 1s 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 appl1cat1on has been
pursued in good faith-;-as determined solely in the
Building Official's -discretion. 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
appl1cat1on 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 at the rates in effect at the time of
resubmission.
B. Violations -Penalties. Section 108 of the International Mechanical
Code, entitled "V1olat1ons," 1s amended by substituting subsection 108.4
with the following:
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International Building, Residential,
And Mechanical Codes -2009 Update
Sec. 108.4. Penalties. Any person who violates a
prov1s1on of this code or fails to comply with any of its
requirements or who erects, installs, alters, or repairs
mechanical work 1n violation of: (a) the approved
construction documents, (b) a directive of the building
code official, or (c) a permit or certificate issued under
the prov1s1ons of this code, shall be subject to
penalties as set forth 1n Chs_. 14.08 and 1.04 KCC or
as otherwise provided by law.
C. Means of appeal -Board of appeals. Section 109 of the International
Mechanical Code, entitled "Means of Appeal," is amended by substituting
Section 109 with the following:
Sec. 109. Board of appeals. The City of Kent hearings
examiner 1s designated as the board of appeals 1n
order to hear and decide appeals of orders, dec1s1ons,
or determinations made by the building official relative
to the suitability of alternate materials, designs, 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.
Sec. 14.01.070. Amendments to the Uniform Housing Code.
The following local amendments to the Uniform Housing Code pre·t11ously
adopted in l<CC 14.01.010 are hereby adopted as if fully set forth therein.
A. Scope. Section 103 of the Uniform Housing Code is amended by
substituting Section 103 with the following:
Sec. 103. Scope. The prov1s1ons of this code shall
apply to all buildings or portions thereof used, &
designed, or intended to be used, for human
habitation. SttffiThese occupancies in existing
buildings may be continued as provided in !BC § 102.6
or IRC § R102.7, as may be applicable, except stl€ftfor
structures as are found to be substandard as defined
m this code.
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Where any building or portion thereof is used or intended to be used as a
combination apartment house-hotel, the prov1s1ons of this code shall apply
to the separate portions as if they were separate buildings.
Rooming houses, congregate residences, or lodging houses shall comply
with all the requirements of this code for dwellings.
B. Application to existing buildings and structures -Additions,
alterations, or repairs. Subsection 104.1 of the Uniform Housing Code 1s
amended by substituting subsection 104.1 with the following:
Sec. 104.1. Additions, Alterations, or Repairs. For
add1t1ons, alterations, or repairs, see IBC §§ 102.6.L
af't6 Chapter 34G3, and-& IRC § R102. 7, as may be
applicable.
C. Repealer. Section 202 of Chapter 2 and Chapters 11 through 16 of
the Uniform Housing Code are hereby repealed.
D. Board of appeals. Section 203 of the Uniform Housing Code, entitled
"Board of appeals," 1s amended by substituting Section 203 with the
following:
Sec. 203. 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 suitab1l1ty of alternate materials, design, and
methods of construction and appeals of the reasonable
appl1cat1on and interpretation of the building codes.
Appeals shall be made as set forth in section
14.01.100 of the Kent City Code.
E. Violations. Section 204 of the Uniform Housing Code, entitled
"Violations," is amended by substituting Section 204 with the following:
Sec. 204. Violat10ns.
204.1. Unlawful acts. It shall be unlawful for any
person, firm, or corporation to erect, construct, alter,
extend, repair, move, remove, demolish, or occupy
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·--~-----------~----------
any building, structure, or equipment regulated by this
code, or cause the same to be done, m conflict with or
in violation of any of the prov1s1ons of this code.
204.2. ViolatJOn penalties. Any person who
violates a provision of this code, or fails to comply with
any of its requirements, or who erects, constructs,
alters or repairs a bu1ld1ng or structure in v1olat1on of:
(a) the approved construction documents, (b) a
directive of the bu1ld1ng official, or (c) a permit or
certificate issued under the provisions of this code,
shall be subject to penalties as set forth m Ch~. 14.08
and 1.04 KCC or as otherwise provided by law.
F. Permits and inspections -General. Section 301 of the Uniform
Housing Code, entitled "General," is amended by substituting Section 301
with the following:
Sec. 301. General. No building or structure regulated
by this code shall be erected, constructed, enlarged,
altered, repaired, moved, improved, removed,
converted, or demolished unless a separate permit for
each building or structure has first been obtained from
the bu1ld1ng official in the manner and according to the
applicable conditions prescribed in IBC §§ 105 and
1016 or IRC §§ RlOS and R106, as may be applicable.
G. Permits and inspections -Fees. Section 302 of the Uniform Housing
Code, entitled "Fees," is amended by substituting Section 302 with the
following:
Sec. 302. Fees. When a building permit is required by
Section 301 of this code, the appropriate fees shall be
paid as specified 1n IBC § 1028 or IRC § RlOS, as may
be applicable.
H. Permits and inspections -Inspection. Section 303 of the Uniform
Housing Code, entitled "Inspection," is amended by substituting Section
303 with the following:
Sec. 303. Inspect/On. Buildings or structures within
the scope of this code and all construction or work for
which a permit 1s required shall be subject to
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inspection by the building official in accordance with.1.
and in the manner provided by.1. this code and IBC §§
1109 and 1704 or IRC § R109, as may be applicable.
I. Definttions -Building code. Section 401 of the Uniform Housing
Code, entitled "Definitions," is amended by revising the defin1t1on of
"building code" as follows:
Sec. 401. DefinttJOns.
BUILDING CODE is the International Building Code
("IBC") or the International Residential Code ("IRC"),
as may be applicable, promulgated by the
International Code Council, Inc., as adopted by this
jurisdiction.
J. Definitions -Mechanical code. Section 401 of the Uniform Housing
Code, entitled "Def1rntions," is amended by revising the definition of
"mechanical code" as follows:
Sec. 401. Definitions.
MECHANICAL CODE is the International Mechanical
Code or the International Res1dent1al Code,
promulgated by the International Code Council, Inc.,
as may be applicable and as adopted by this
Jurisdiction.
K. Space and occupancy standards -Location on property. Section 501
of the Uniform Housing Code, entitled "Location on Property," is amended
by substituting Section 501 with the following:
Sec. 501. Location on property. All buildings shall be
located with respect to property lines and with respect
to other buildings on the same property as required by
Chs. 5~ and Z6 IBC and IRC § R302, as may be
applicable.
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L. Light and ventilation -Hallways. Subsection 504.4 of the Uniform
Housing Code, entitled "Hallways," 1s amended by substituting subsection
504.4 with the following:
Sec. 504.4. Hallways. All public hallways, stairs, and
other ex1tways shall be adequately lighted at all times
in accordance with IBC § 1006 or IRC §§ R303 and
R311, as may be applicable.
M. Sanitation -Water closet compartments. Subsection 505.5 of the
Uniform Housing Code, entitled "Water Closet Compartments," 1s amended
by substituting subsection 505.5 with the following:
Sec. 505.5. Water closet compartments. Walls and
floors of water closet compartments, except in
dwellings, shall be furnished in accordance with IBC §
1210. This provision 1s not applicable to those proJects
subject to the IRC.
N. Heating and ventilation -Heating. Subsection 701.l of the Uniform
Housing Code, entitled "Heating," is amended by substituting subsection
701.1 with the following:
Sec. 701.1. Heating. Dwelling units, guest rooms,
and congregate residences shall be provided with
heating fac1l1t1es capable of maintaining a room
temperature of at least 7QOF (21.lOC) at a point 3 feet
(914 mm) above the floor in all habitable rooms. Such
facilities shall be installed and maintained in a safe
condition and in accordance with Ch. 21 IBC or Ch. 10
and 12-24 IRC, as may be applicable, the Mechanical
Code, and all other applicable laws. Unvented fuel-
burn1ng heaters are not permitted. All heating devices
or appliances shall be of an approved type.
0. Exits -General. Section 801 of the Uniform Housing Code, entitled
"General," is amended by substituting Section 801 with the following:
Sec. 801. General. Dwelling units or guest rooms
shall have access directly to the outside or to a public
corridor. All buildings or portions thereof shall be
provided with exits, exitways, and appurtenances as
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required by Ch. 10 IBC or IRC § R311, as may be
applicable.
P. Fire protection -General. Section 901 of the Uniform Housing Code,
entitled "General," 1s amended by substituting Section 901 with the
following:
Sec. 901. General. All buildings or portions thereof
shall be provided with the degree of f1re-res1st1ve
construction as required by the building code for the
appropriate occupancy, type of construction, and
location on property, and shall be provided with the
appropriate fire-extinguishing systems or equipment
required by Ch. 9 IBC or IRC § R311-3-and R315, as
may be applicable.
Q. Substandard buJ/dings -Definition -General. Subsection 1001.1 of
the Uniform Housing Code, entitled "General," is amended by substituting
subsection 1001.1 with the following:
Sec. 1001.1. General. Any bui Id mg or portion thereof
that 1s determmedthe Building Official determines to
be an unsafe building in accordance with IBC § 11§.5,
or any building or portion thereof, including any
dwelling unit, guest room or suite of rooms, or the
premises on which the same is located, 1n which there
exists any of the conditions referenced in this section
to an extent that those conditions endanger the life,
limb, health, property, safety, or welfare of the public
or the occupants thereof, shall be deemed and hereby
are declared to be substandard buildings.
Sec. 14.01.080. Amendments to the Uniform Code for the
Abatement of Dangerous Buildings. The following local amendments
to the Uniform Code for the Abatement of Dangerous Buildings prev1ousl·1•
adopted m l<CC 14.01.010 are hereby adopted as 1f fully set forth therein.
A. Purpose and scope. Subsection 102.1 of the Uniform Code for the
Abatement of Dangerous Buildings, entitled "Purpose," is amended by
substituting subsection 102.1 with the following:
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Sec. 102.1. Purpose. It 1s the f3UFf30Se of this code to
f3FO't'1de a Just, equitable, and f3Fact1cable method, to
be cumulat1veln con1unct1on with and in add1t1on to
any other remedy provided by the International
Building Code, International Residential Code, Uniform
Housing Code, or otherwise available by law, 1t 1s the
purpose of this code to provide a just. egu1table. and
practicable method wherebyto require the repair.
vacation. or demolishment of buildings or structures
'Nh1chthat from any cause endanger the life, limb,
health, morals, property, safety, or welfare of the
general public or of their occupants_,_ fflay be required
to be rcf)aired, vacated, or elefflolished.
The purpose of this code is not to create or otherwise establish or
designate any particular class or group of persons who will or should be
especially protected or benefited by the terms of this code.
B. Alterations, additions, and repairs. Section 103 of the Uniform Code
for the Abatement of Dangerous Buildings, entitled "Alterations, Additions,
and Repairs," is amended by substituting Section 103 with the following:
Sec. 103. AlteratJOns, additions, and repairs. All
buildings or structures wh1chthat are required to be
repaired under the prov1s1ons of this code shall be
subJect to the provisions of !BC §:Ch. 3493 or IRC §
R102. 7, as may be applicable.
C. Abatement of dangerous buildings. Section 202 of the Uniform Code
for the Abatement of Dangerous Buildings, entitled "Abatement of
Dangerous Buildings," is amended by substituting Section 202 with the
following:
Sec. 202. Abatement of dangerous buildings. All
buildings or portions thereof which are deterfflinedthat
the Building Official determines. after inspect1on,1. by
the building official to be dangerous as defined m this
code are hereby declared to be public nuisances and
shall be abated by repair, rehabll1tation, demolition or
removal.
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D. Violations. Section 203 of the Uniform Code for the Abatement of
Dangerous Buildings, entitled "Violations," is amended by substituting
Section 203 with the following:
Sec. 203. V10/at10ns.
203.1. Unlawful acts. It shall be unlawful for any
person, firm, or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove,
convert, demolish, equip, use, occupy or maintain any
building or structure or cause or permit the same to be
done 1n v1olat1on of this code.
203.2. Violation penalties. Any person who
violates a prov1s1on of this code or fails to comply with
any of its requirements, or who erects, constructs,
alters or repairs a building or structure in v1olat1on of:
(a) the approved construction documents, (b) a
directive of the building official, or (c) a permit or
certificate issued under the prov1s1ons of this code,
shall be subject to penalties as set forth m Ch~. 14.08
and 1.04 KCC or as otherwise provided by law.
E. Inspect10n of work. Section 204 of the Uniform Code for the
Abatement of Dangerous Buildings, entitled "Inspection of Work," 1s
amended by substitutmg Section 204 with the following:
Sec. 204. Inspection of work. All buildings or
structures within the scope of this code and all
construction or work for which a permit is required
shall be subJect to inspection by the building official m
accordance with and m the manner provided by this
code and IBC §§ 1.l.09 and 1704 or IRC § R109, as
may be applicable.
F. Board of appeals. Section 205 of the Uniform Code for the
Abatement of Dangerous Buildings, entitled "Board of Appeals," 1s
amended by substituting Section 205 with the following:
Sec. 205. 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, dec1s1ons,
or determinations made by the building official relative
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International Building, Residential,
And Mechanical Codes -2009 Update
to the suitability of alternate materials, designs, 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.
G. General -Definnions. Section 301 of the Uniform Code for the
Abatement of Dangerous Buildings 1s amended as follows:
Sec. 301. General. For the purpose of this code,
certain terms, phrases, words, and their derivatives
shall be construed as specified 1n either this chapter or
as spec1f1ed in the building code or the housing code.
Where terms are not defined, they shall have their
ordinary accepted meanings within the context with
which they are used. 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. :_Building e~ode.: 1s the
International Building Code or the International
Residential Code, as may be applicable, promulgated
by the International Code Council, Inc., as adopted by
this JUnsd1ct1on. :_oangerous b_6_u1lding.: is any building
or structure deemed to be dangerous under the
provision of section 302 of this code. :.Endangered.: as
used in section 302 means negatively affected, to any
degree, by any and all conditions, actions or omissions
which, singularly or together, reduce or are likely to
reduce or negatively impact the life or limb, health,
property or safety of the public, including but not
limited to, economy in the provision of public service,
general welfare, economic v1ab1l1ty, or security in the
enjoyment of the community. :.Health eOff1cer.: as
used in this code shall mean the building official or his
or her designee. :_Housing eCode.: 1s the Uniform
Housing Code promulgated by the International
Conference of Building Officials, as adopted by this
Jurisdiction.
H. Repealer. Chapters 4 through 9 of the Uniform Code for the
Abatement of Dangerous Buildings are repealed.
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International Building, Residential,
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Sec. 14.01.090. Building codes -Fees. The City Council shall,
by resolution, establish the fees to be assessed fefto implement and
operate the codes adopted in this chapter.
Sec. 14.01.100. Appeals.
A. Appeals to the hearing examiner.
1. Jurisdiction. The City hearings examiner has been designated
as the board of appeals and shall have JUnsd1ct1on over all matters
concerning the application of the building codes cited in this chapter. The
City hearings examiner, however, shall have no authority relative to
interpretation of the administrative provisions of these codes, nor shall the
City hearings examiner be empowered to waive requirements of these
building codes.
2. Filing. Appeals shall be filed with the hearings examiner by
5:00 p.m. of the fourteenth calendar day following the date of the order,
determination, or dec1s1on being appealed. When the last day of the appeal
period so computed 1s a Saturday, Sunday, or federal or City holiday, the
period shall run until 5:00 p.m. on the next business day. The appeal shall
be accompanied by payment of the filing fee. Specific objections to the
building official's decision and the relief sought shall be stated in the
written appeal.
3. Standmg. Standing to bring an appeal under this chapter 1s
limited to the following persons:
a. The applicant and the owner of property to which the
permit decision 1s directed.
b. Another person aggrieved or adversely affected by the
order, determination, or decision, or who would be aggrieved or adversely
affected by a reversal or modification of the order, determination, or
decision. A person 1s aggrieved or adversely affected within the meaning of
this section only when all of the following cond1t1ons are present:
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International Building, Residential,
And Mechanical Codes -2009 Update
i. The order, determination, or decision has
prejudiced or is likely to prejudice that person;
ii. A judgment in favor of that person would
substantially eliminate or redress the prejudice to that person caused or
likely to be caused by the order, determination, or decision; and
iii. The appellant has exhausted his or her
administrative remedies to the extent required by law.
B. Appeals to superior court. Appeals to the hearings examiner shall
be made pursuant to Ch. 2.32 KCC. The decision of the hearings examiner
shall be final and conclusive unless, within twenty-one (21) calendar days
of the hearings examiner's decision, an appeal is filed with the King County
superior court. When the last day of the appeal period so computed is a
Saturday, Sunday, or federal or City holiday, the period shall run until the
next business day.
SECTION 2. -Amendment -KCC 14.08.020. Section 14.08.020 of
the Kent City Code, related to enforcement of the City's Building Codes and
entitled "Definitions," 1s amended as follows:
Sec. 14.08.020. Definitions. The definitions contained in KCC
1.04.020 shall also apply to this chapter. In addition, the following words,
terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates
a different meaning:
1. Building codes means and includes the International Building
Code, the International Existing Building Code. the International
Res1dent1al Code, the International Mechanical Code, the International Fire
Code, the Uniform Plumbing Code, the Uniform Housing Code, the Uniform
Code for Abatement of Dangerous Buildings, and the Washington State
Energy Code, and the 'A'ashmgton State Ventilation and Ineleor Air Quality
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International Building, Residential,
And Mechanical Codes -2009 Update
Code;L as now or hereafter adopted, amended, and/or supplemented
pursuant to KCC Title 14, the Revised Code of Washington, and/or the
Washington Administrative Code.
2. Bwlding off1cial means the building official of the city or any
person authorized by the building official to enforce the building codes.
3. Premises means a plot of ground, whether occupied by a
structure or not.
SECTION 3. -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.
SECTION 4. -Corrections by Citv Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 5. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and aft
ATTEST:
............. --
.. -. ---.:'
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International Building, Residential,
And Mechanical Codes -2009 Update
APPROVED AS TO FORM:
T~{ifrBA~~k b
PASSED: If'
APPROVED: r6
day of --~~---"""~'I-----' 2010.
day of---·~.::;__---++-----' 2010.
PUBLISHED: d--! day of ~-, 2010.
I hereby certify that this is a true copy of Ordinance No. J1bfo
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
~-L...~~~~~~~1::::::'.::_(SEAL}
-~ -......_ ~ .. ----_.....,..._ _,. . -
P \Clvll\Ordlnance\BulldlngCodes2009-Adoptupdate doc
R, CITY CLERK
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International Building, Residential,
And Mechanical Codes -2009 Update