HomeMy WebLinkAbout4387ORDINANCE NO. 4387
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various sections
of Ch. L4.OL of the Kent City Code to adopt the 2018
editions of the International Building, Residential,
Mechanical, Existing Building, Property
Maintenance, and Energy Conservation Codes and
the Uniform Plumbing Code; and to repeal Section
14.01.070, entitled Uniform Housing Code.
RECITALS
A. In response to legislative amendments adopted by the State of
Washington, the Kent City Council enacted Ordinance No. 4202 on
May L7, 2OL6, which adopted the 2015 editions of the International
Building, Residential, Existing Building, Mechanical, and Energy
Conservation Codes, and the 2015 edition of the Uniform Plumbing Code.
At the end of 20L9, the state adopted the 2018 edition of these codes, which
are all scheduled to take effect and apply to all cities in the state on February
L, 202I. This effective date was originally July L, 2O2O, and was changed to
November L, 2020, before being further revised to the current date of
February L, 202t. Given the upcoming effective date of these state-adopted
codes, it is necessary to similarly amend the Kent City Code to formally
adopt the same.
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B. With the adoption of Ordinance No. 4202 on May L7, 2Ot6, the
City Council also adopted the 2015 edition of the International Property
Maintenance Code for application and enforcement in Kent. The
International Property Maintenance Code was not a mandatory code adopted
for application within the entire state; rather, it was a code available that
Kent elected to adopt to assist with code enforcement efforts. The
International Code Council recently published the 2018 edition of the
International Property Maintenance Code. Therefore, it is appropriate to
amend the Kent City Code to similarly adopt the updated 2018 edition.
C. In addition to adopting the 2018 code editions and Washington
State Amendments, this ordinance also makes local amendments to the
expiration and extension of permit applicants. The Washington State
Building Code Council allows the adoption of local amendments to the
administrative provisions of the codes without approval, pursuant to WAC
51-04-030.
D. Finally, the ordinance makes other housekeeping amendments,
such as deleting references to the Uniform Housing Code, renumerating local
amendments to avoid conflicts with the State Code, and renumerating the
Kent City Code to account for repealed sections.
E. On November 30, 2020, the City's State Environmental Policy
Act (SEPA) Responsible Official determined the ordinance was a non-project
action exempt from SEPA under RCW 43.21C.450.
F. On December 1, 2020, the City requested expedited review
under RCW 36.70A.106 from the Washington State Department of
Commerce regarding the City's proposed local amendments to the codes
adopted through this ordinance. The Washington State Department of
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Commerce acknowledged receipt of the request for expedited review on
December L, 2O2O, and we anticipate the expedited review will be granted
without comment prior to the February t, 2O2t implementation date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7. - Amendment Chapter L4.OL of the Kent City Code,
entitled "Building Codes," is amended as follows:
Chapter 14.O1
BUILDING CODES
Sec. 14.O1.O1O. Building codes - Adopted. In accordance with
Chapter t9.27 RCW, the following codes (collectively, 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,2€+5-281L Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-50
WAC.
B. The International Existing Building Code, 2Ol#2418_Edition,
published by the International Code Council, Inc.
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C. The International Residential Code,2g$-2019 Edition, published by
the International Code Council, Inc., as amended pursuant to Chapter 51-
51 WAC.
D. The International Mechanical Code,20iL5-2018 Edition, published by
the International Code Council, Inc., as amended pursuant to Chapter 51-
52 WAC.
E. The Uniform Plumbing Code, 2€+5-201€_Edition, published by the
International Association of Plumbing and Mechanical Officials, including the
Uniform Plumbing Code Standards (Appendices A, B, and I to the lJniform
Plumbing Code) as amended pursuant to Chapter 51-56 WAC.
6E. The International Energy Conservation Code, 20l5-2Q!Q_Edition,
published by the International Code Council, Inc., as amended pursuant to
Chapters 51-11C and 51-1lR WAC.
{+G. The International Property Maintenance Code, z€l#z01g_Edition,
published by the International Code Council, Inc., including the Boarding
Standard (Appendix A to the International Property Maintenance Code).
One copy of each of these codes is on file with the city's building official, and
rerilh fiha ail.r alarlz ac nrarri daA Ft'tr lrrr DflA/ ?( ?1 1an
Sec. 14.O1.O2O. Code conflicts. To the extent allowed by
RCW 19.27.040, if a conflict exists between the provisions of the state
building codes adopted by the Washington State Building Code Council and
the provisions of this chapter, the Kent City Code provisions shall govern.
4
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Sec. 14.O1.O3O. Amendments to the International Building
Code. The following local amendments to the International Building Code,
including all amendments enacted by the state of Washington, 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, E 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 lines.
Section 104 of the International Building Code, entitled "Duties and Powers
of Building Official," is amended by adding the following new subsection
LO4.L2:
Sec. LO4.t2. 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.
C. Permits - Expiration of preje*pumitsapplication. Section 105 of the
International Building Code, entitled "Permits," is amended by substituting
subsection 105.3.2 with the following:
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Sec. 105.3.2. Expiration ffiapplication. Project permit applications that are subject
to Ch. t2.OL KCC or that require SEPA review are subject
to the deadlines established by that code chapter or by
SEPA. All other project permit applications shall expire
automatically bf-{imitatien-if no permit is issued +8O
+ays365_deE after the date a determination has been
made that a fully complete project permit application, as
defined in KCC L4.LL.O20, 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 1809e 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. 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 - Expiration. Section t05 of the International Building Code,
entitled "Permits." is amended by substituting subsection 105.5 with the
followino:
Sec. 1O5.5. Exoiration.
1. Every permit issued by the building official
under the provisions of this chapter shall expire
automatically three years after the date of permit issuance.
However. the permit shall expire earlier if the work
authorized by such permit is not commenced within one
year from the date the permit is issued, or once work
commences, if work is suspended or abandoned for a period
of 180 days or more.
2. The building official. after finding that no
significant changes have or will be made to the originally
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rh^Fnr16r{ hl-hc rn/ cnaaifin arnc farr fha annrnrtaA vtlrL
mav extend a permit's expiration date or revive a permit
which has been canceled due to inactivity, at the building
nffiriel'c rlicr^rafinn r rndar fho fnllnr,rrinn rirrr rrrrcfrnrac.
a. A oermit issued and related to a sinole-
family residence, if it has expired due to inaction, may be
extended for a 90-day period, up to two times. However,
this subsection does not alter the permit's overall three year
enniration rlate aq nrnvided for in crrhqpcfinn 1OE E 1
h A nermit iqcrred nd related to a sinole-
family residence may be extended for a 90-day period if
work is started and continuously performed. and necessary
periodic inspections are made.
c. For permits other than those related to
a single-family residence. the building official may grant a
single 90-day extension when only the final inspection
approval is remaining and all other work has been
approved.
?l\ln narmif av{.ancia n rlrill ha rrranfarl fnr =nrr
property that is the subject of a code enforcement
proceeding under Ch. 1.04 KCC.
EE. Board of appeals. Section 113 of the International Building Code,
entitled "Board of Appeals," is amended by substituting Section 113 with the
following:
Sec. 113. 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 14.01.110irce.
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F. Additional height increases. Section 504 of the International Building
Code, entitled "Building Height and Number of Storim," is amended by
adding the following new subsection 504.5:
Sec. 5O4.5. 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 conditions
enumerated below are met. The increase provided in
Section 504.3, as amended by WAC 51-50, shall not be
added to this increase.
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 and Section 909.11.
3. Standby power is supplied for light,
emergency, and any exit enclosure pressurization systems
used, as provided in Sections 4O3.4.7, 403.4.8 and
9O9.20.6.2, and the adopted edition of the National
Electrical Code. Connection ahead of service disconnect
means shall be permitted for standby power.
4. Walls separating dwelling units or sleeping
units, and corridor walls in Group R, Divisions 1 and 2
Occupancies shall be constructed as l-hour fire paftitions
as provided in Section 70B. 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 l-hour fire-resistance rated construction on the
interior and the exterior of the wall.
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6. Structural observation is provided during
construction in accordance with Sections 2O2ff82 and
1704.5.
7. An emergency voice/alarm communication
system complying with subsections 907.5.2.2 through
9O7.5.2.2.5 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.O1.g400i's. Amendments to the International Existing
Building Code. The following local amendments to the International
Existing Building Code, including all amendments enacted by the state of
Washington, are hereby adopted and incorporated into the International
Existing 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 Official," is amended by adding the following new subsection
to4.72:
Sec. LO4.l2. 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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C. Permits - Expiration of project permit application. Section 105 of the
International Existing 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. LZ.OL KCC or that require SEPA review are subject
to the deadlines established by that code chapter or by
SEPA. All other project permit applications shall expire
automatically h4r-{imrtati'on-if no permit is issued +8€-3.05
days after the date a determination has been made that a
fully complete project permit application, as defined in KCC
t4.Lt.O2O, 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 9S-.180_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. 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 - Expiration. Section L05 of the International Existing
Buldrng Code, entitled "Permits." is amended by substituting subsection
105.5 with the following:
Sec. 1O5.5. Exoiration.
1. Every permit issued by the buildino official
r rndar {.ha nrarricianc aF f hic nh:nfar chall arznira
automatically three years after the date of permit issuance.
However, the permit shall expire earlier if the work
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-r r{-h^Fi?6.{ hrr cr rah narmif i rr.\f .^ryrrr.r aF'r4/l r^ri{'hin rrna
year from the date the permit is issued. or once work
commences, if work is suspended or abandoned for a
period of 180 days or more.
2. The building official. after finding that no
significant changes have or will be made to the originally
approved plans and specifications for the approved work,
may extend a permit's expiration date or revive a permit
which has been canceled due to inactivity, at the building
official's discretion, under the following circumstances:
e A nermit issrrrld and related to a sinole-
familrr racidanna if if hrc raA Ar ra fn in=nfinn nrrrr ha
extended for a 90-day period, up to two times. However,
fhic cr rhcaafian laao nnf a r l'ha narrrrif'c nrrarrll thraa
year expiration date as provided for in subsection 105.5.1.
b. A permit issued and related to a single-
family residence may be extended for a 90-day period if
work is started and continuously performed, and necessary
periodic inspections are made.
c. For permits other than those related to
a single-family residence. the building official may grant a
single 90-day extension when only the final inspection
approval is remaining and all other work has been
approved.
?Nn nerrnit prrl-anqinn will he nranfpd fnr anrr
property that is the subject of a code enforcement
proceeding under Ch. 1.04 KCC.
DE. Certificate of occupancy Altered area use and occupancy
classification 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
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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 ceftificate of occupancy therefor as provided
herein, except that no certificate 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.
EE. Board of appeals. Section LL2 of the International Existing 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
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.O1.gEgO{O. Amendments to the International
Residential Code. The following local amendments to the International
Residential Code, including all amendments enacted by the state of
Washington, are hereby adopted and incorporated into the International
Residential 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 the Building Official," is amended by adding the following new
subsection R104.12:
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Sec. R1O4.12. 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.
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. R1O5.3.1.1. 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 Rl05.3.2 with the following:
Sec. R1O5.3.2. Expiration of project permit
application. Project permit applications that are subject
to Ch. t2.OL KCC or that require SEPA review are subject
to the deadlines established by that code chapter or by
SEPA. All other project permit applications shall expire
automatically #imitation-if no permit is issued ffi,f365
days after the date a determination has been made that a
fully complete project permit application, as defined in KCC
L4.LL.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 9f.L$Q_days,
upon written request by the applicant showing that
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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. 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.
Building Code, entitled "Permits," is amended by substituting subsection
R105.5 with the followinS
Sec. 1O5.5. Exoiration.
1. Every permit issued by the building official
under the provisions of this chapter shall expire
automatically three years after the date of permit issuance.
However. the permit shall expire earlier if the work
arrfhnrizerl hrr qr rrh nerrnif ic nnf .r.rryrrnan.ed urifhin nna
year from the date the permit is issued, or once work
commences, if work is suspended or abandoned for a
period of 180 days or more.
2. The building official, after finding that no
significant changes have or will be made to the originally
approved plans and specifications for the approved work,
may extend a permit's expiration date or revive a permit
which has been canceled due to inactivity. at the building
official's discretion. under the following circumstances:
a A permit issued and related to a sinqle-
frmilrr racir{anaa if if Jrra av irad Ar ra fn inantinn rrrarr ha
extended for a 90-day period, up to two times. However,
this subsection does not alter the permit's overall three
year expiration date as provided for in subsection 105.5.1.
b. A permit issued and related to a sinqle-
family residence may be extended for a 90-day period if
Inte rnatio na I Bu i ld i ng, Residentia l,
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work is started and continuously performed, and necessary
periodic inspections are made.
c. For permits other than those related to
a single-family residence. the building official may grant a
single 90-day extension when only the final inspection
approval is remaining and all other work has been
approved.
2 l\ln narmi{- av}anai rrrill ha nrrntarl fnr rnrr
property that is the subject of a code enforcement
proceeding under Ch. 1.04 KCC.
DE. Fees - Building permit valuations. Section R108 of the International
Residential Code, entitled "Fees," is amended by substituting subsection
R108.3 with the following:
Sec. R1O8.3. 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 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. Final building permit
valuation shall be set by the building official.
EE. Certificate of occupancy. Section R110 of the International Residential
Code, entitled "Certificate of Occupancy," is hereby repealed.
FG. Board of appeals. Section R112 of the International Residential Code,
entitled "Board of Appeals," is amended by substituting Section R112 with
the following:
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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 L .OL.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. 14.09 KCC.
Sec. 14.01.960050. Amendments to the Uniform Plumbing
Code. The following local amendments to the Uniform Plumbing Code,
including all amendments enacted by the state of Washington, are hereby
adopted and incorporated into the Uniform Plumbing Code:
A. Permits. Section t04 of the Uniform Plumbing Code. entitled
t'Permits," is amended by substituting subsection 104.3.3 with the following:
Sec. 1O4.3.3. Expiration of project permit
application. Project permit applications that are subject
to Ch. 12.01 KCC or that require SEPA review are subject
to the deadlines established by that code chapter or by
SFPA All nther nroicct nermif annlicatinnc chall pvnirp
automatically if no permit is issued 365 days after the date
A defermination haq hepn madc thaf a frrllv rnrnnletp
nroiect nermit annlicatinn aq dpfinpd in KCC 1411 n)n
has been submitted, unless that application has been
pursued in good faith as determined solely in the building
nfFicial'c diecrctinn The hrrildinn nfficial rnaw awfend tha
timp fnr artion nn thp nprrnif annlicatinn fnr nno nr rrrnrp
periods, each period not exceeding 180 days, upon written
request bv 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,
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the applicant shall resubmit plans and pay a new review
fee at the rates in effect at the time of resubmission.
B. Expiration. Section 7O4 of the Uniform Plumbing Code, entitled
ttPprrnitc " ic arnondad hrr cr rhcfifr rfinn stthserfion 1O4 4 ? with thp fnllnwinn'
Sec. 1O4.4.3. Exoiration.
1. Every permit issued by the building official
under the provisions of this chapter shall expire
automatically three years after the date of permit issuance.
However, the permit shall expire earlier if the work
authorized by such permit is not commenced within one
year from the date the permit is issued, or once work
commences, if work is suspended or abandoned for a
period of 180 days or more.
2. The building official, after finding that no
significant changes have or will be made to the originally
aporoved plans and specifications for the approved work,
may extend a permit's expiration date or revive a permit
which has been canceled due to inactivity, at the building
official's discretion, under the following circumstances:
e A nermif isqued nd related to a sinole-
frmilrr racirlanna if il lrrc av iraA dt ra fn inanfinn rrrarr lra
avtanr{ar{ fnr r Of\J rrr nari t tn tn frrrn firrrac l-lnrrrarrar
fhic crrhcanlinn dnaa nal rl r tha narrrriftc nrrarrll fhraa
year expiration date as provided for in subsection
LO4.4.3.L.
h A nermit issued and related to a sinole-
family residence may be extended for a 90-day period if
work is started and continuously performed, and necessary
periodic inspections are made.
c. For permits other than those related to
a single-family residence. the building official may grant a
single 90-day extension when only the final inspection
approval is remaining and all other work has been
approved.
Internationa I Bu ild ing, Residentia l,
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2 l\ln narmi* av{.anai n r^rill lro n rr nfar{ fnr r nrr
property that is the subject of a code enforcement
oroceedino under Ch. 1.04 KCC.
C. Extensions. Subsection 7O4.4 .4 of the Uniform Plumbina Code
entitled "Extensions." is hereby repealed.
r'\Dltrmhina aar'ai/- Faae Tahla 'l O/- tr nf fha /lnifnrm Dlttmhinn fnAa
entitled "Plumbing Permit Fees." is amended by substituting Table 104.5
with the followinq:
Table 104.5. Plumbing Permit Fees. Plumbing permit fees
and related fees shall be as established by resolution of the
city council. in accordance with 14.01.090 KCC.
AE. ier'
Section +€2-106 of the Uniform Plumbing Code, entitled "Qpgs6izatiofttftd
," is amended by substituting
subsection,1e2.L06.51 with the following :
Sec. 1094.53, 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 in violation of : (a) the approved
construction documents, (b) a directive of the building code
official, or (c) a permit or certificate issued under the
provisions of this code, shall be subject to penalties as set
forth in Chs. 14.08 and 1.04 KCC or as otherwise provided
by law.
BE. Aoara of Appeats@.
Section +92-L07 of the Uniform Plumbing Code, entitled "Q5g66i7s{i€rft6rnd
," is amended by substituting s,t+bsection
+gZtW3 with the following:
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Sec. @O7. 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, 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 L4.OL.100 of the Kent City Code.
iem
fe+elvlng'
to €h' 12,01 l(€€ or that require SEPA review are subjeet
+ft
inc
ission'
D' /'/umbrng permif fees, Table 103,4 of the Uniferm Flumbing €ede;
@
International Bu ild ing, Residentia l,
Mecha nical, Existing Building, Energy
Conseruation, and Property
Maintenance Cotdes and llniform
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19
ei
Sec. 14.O1.gZgOGe. Amendments to the International
Mechanical Code. The following local amendments to the International
Mechanical Code, including all amendments enacted by the state of
Washington, are hereby adopted and incorporated into the International
Mechanical Code:
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 following:
Sec. 106.3.3. Expiration of project permit
application. Project permit applications that are subject
to Ch. LZ.OL KCC or that require SEPA review are subject
to the deadlines established by that code chapter or by
SEPA. All other project permit applications shall expire
automatically b#imitatisn-if no permit is issued 365l€e
days after the date a determination has been made that a
fully complete project permit application, as defined in KCC
L4.LL.O2O, 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 9f.!!!Q_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 at the rates in effect at the
time of resubmission.
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B. Expiration. Section LO6 of the International Mechanical Code, entitled
"Permit Issuance," is amended by substituting subsection 106.4.3 with the
following:
Sec. 1O6.4.3. Expiration.
1. Every permit issued bv the buildinq official
r rnz{ar }ha nrnrriaiana nf fhic ahanl'ar ch=ll avnira
automatically three years after the date of permit issuance.
However. the permit shall expire earlier if the work
rrrfhnrizar{ hrr orrah narmif i nnl- enrrrrrrannar{ rrrithin nna
year from the date the permit is issued, or once work
commences, if work is suspended or abandoned for a
period of 180 days or more.
2. The building official. after finding that no
significant changes have or will be made to the originally
approved plans and specifications for the approved work,
may extend a permit's expiration date or revive a permit
which has been canceled due to inactivity, at the building
official's discretion, under the following circumstances:
a. A oermit issued and related to a sinole-
farnilv rpqirlpnrp if it hac evnired rlrro fn inerfinn rnarr hp
errfpnded fnr a Qo-dav nprinrl rrn tn fwn tirnaq l{nworrer
fhis crrhcprfinn dnec. nnf alfar tho nerrnif'c nrrer:ll fhree
year expiration date as provided for in subsection
106.4.3.1.
b. A permit issued and related to a sinqle-
family residence may be extended for a 90-day period if
work is started and continuously performed, and necessary
periodic insoections are made.
c. For permits other than those related to
a single-family residence. the building official may grant a
single 90-day extension when only the final inspection
approval is remaining and all other work has been
approved.
International Build ing, Residentia l,
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2L
?Nn nermif prrtcnqinn will he nrantpd fnr anv
property that is the subject of a code enforcement
proceeding under Ch. 1.04 KCC.
C. Extensions. Subsection 106.4.4 of the .lnfernafional Mechanr'cal Code,
entitled "Extensions," is hereby repealed.
BD. Violations - Penalties. Section 108 of the International Mechanical
Code, entitled "Violations," is amended by substituting subsection 108.4
with the following:
Sec. 1O8.4. Violation 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
mechanical work in violation of : (a) the approved
construction documents, (b) a directive of the building code
official, or (c) a permit or certificate issued under the
provisions of this code, shall be subject to penalties as set
forth in Chs. 14.08 and 1.04 KCC or as otherwise provided
by law.
€E. 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. 1O9. 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, 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 t4.O1.100 of the Kent City Code.
International Building, Residentia I,
Mecha nica I, Existing Build ing, Energy
Conseruation, and Propefty
Maintenance Codes and Uniform
Plumbing Code - 2078 Adoption
22
+r
ffi
dwelliftgs;
c
+nr
€hapter 34; and IR€ 5 R102:7; as may be applieable,
Internationa I Bu ild ing, Residentia l,
Mecha nical, Existing Build ing, Energy
Conseruation, and Property
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23
+ettew+ng=
ings
ffiions
is
€od€'
inc
b,y+ailh
Internationa I Building, Residentia l,
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Conseruation, and Propefty
Maintenance Codes and Uniform
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24
+nC-oF
in the manner and aeeording te the applieable eonditiens
G, /-ermifs and rnspee#ens Fees, Seetion 302 ef the Uniform Housing
fe+bwing+
applieabt'e;
as-fotlowsr
ffiiolt+
BUITDING €eDE is the International Building €ode ("IB€")
Internationa I Bu ild ing, Residentia l,
Mecha nical, Existing Bu ild ing, Energy
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25
ism
ing
I
ffiien+
s may be applieable and
iem
ing+
loeated with respeet to propeGy lines and with respeet to
ion
WinS=
ime++n
@
ing-
I nte rnatio na I Bu i Id i ng, Residentia l,
Mecha nica l, Existing Bu i ld ing, Energy
Conseruation, and Property
Maintenance Codes and Uniform
Plumbing Code - 2078 Adoption
26
floors of water eloset eompartments; exeept in dwellings;
is
+RG
ion
m+n$-
fe+bu*lng=
ien
Internationa I Build ing, Residentia l,
Mecha nical, Existing Bui lding, Energy
Conseruation, and Property
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27
+re
+ng-+ft
ien
ln
+s
ie+r
is
Sec. 14.O1.99qe85. Amendments to the International Energy
Conservation Code. The following local amendments to the International
Energy Conservation Code, including all amendments enacted by the state
of Washington, are hereby adopted and incorporated into the International
Energy Conservation Code :
A. Compliance required, violations, penalties. Section C101.5, entitled
"Compliance," is hereby amended by adding the following new subsection
c101.5.*2:
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Sec. C1O1.5.+2. Unlawful acts and penalties. It shall
be unlawful for any person, firm or corporation to erect,
construct, alter, extend, move or occupy any building,
structure or equipment regulated by this code, or cause the
same to be done, in conflict with or in violation of this code.
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 building or structure in
violation of: (a) the approved construction documents, (b)
a directive of the building official, or (c) a permit or
certificate issued underthe provisions of this code, shall be
subject to penalties as set forth in Chapters 14.08 and 1.04
KCC or as otherwise provided by law.
B. Compliance required, violations, penalfies. Section R101.5, entitled
"Compliance," is hereby amended by adding the following new subsection
Rl01.5.*2:
Sec. R1O1.5.+2. Unlawful acts and penalties. It shall
be unlawful for any person, firm or corporation to erect,
construct, alter, extend, move or occupy any building,
structure or equipment regulated by this code, or cause the
same to be done, in conflict with or in violation of this code.
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 building or structure in
violation of: (a) the approved construction documents, (b)
a directive of the building official, or (c) a permit or
certificate issued underthe provisions of this code, shall be
subject to penalties as set forth in Chapters 14.08 and 1,04
KCC or as otherwise provided by law.
C. Appeals. Section C109, entitled "Board of Appeals,'1 is hereby
amended by substituting Section C109 with the following:
Sec. C1O9. 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
Internationa I Bu ilding, Residentia I,
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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.
D. Appeals. Section R109, entitled "Board of Appeals," is hereby
amended by substituting Section R109 with the following:
Sec. R1O9. 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.O1.O9O€8'7. Amendments to the International Property
Maintenance Code. The following local amendments to the International
Property Maintenance Code are adopted and incorporated into the
International Property Maintenance Code:
A. All references to the "code official" in the International Property
Maintenance Code shall be substituted with the words "building official."
B. Fees. Section 103.5 of the International Property Maintenance Code,
entitled "Fees," is amended by substituting Section 103.5 with the following:
Sec. 1O3.5. Fees shall be assessed as set forth in Section
14.01.090 of the Kent City Code.
C. Violations. Section 106 of the International Property Maintenance
Code, entitled "Violations," is amended by substituting subsSections 106.1
and 106.4 with the subsections that follow+ng. all other subsect
Section 106 remain the same:
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ffiioal*
106.1. 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 in violation of this code.
LO6.24. Violation 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 building or structure in violation of: (a) the approved
construction documents, (b) a directive of the building
official, or (c) a permit or certificate issued under the
provisions of this code, shall be subject to penalties as set
forth in Chs. 14.08 and 1.04 KCC or as otherwise provided
by law.
D. Notices and orders. Section LO7 of the International Property
Maintenance Code, entitled "Notices and Orders," is amended by
substituting Section 107 with the following:
Sec. 1O7. Notices of Violation. Whenever the building
official or his designee determines that there has been a
violation of this code or has grounds to believe that a
violation has occurred, the code enforcement officer may
issue a notice to any person responsible for the violation,
pursuant to Chapter L.04 of the Kent City Code.
E. Board of appeals. Section 111 of the International Property
Maintenance Code, entitled "Means of Appeal," is amended by substituting
Section 111 with the following:
Sec. 111. 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
Internationa I Bu ilding, Residentia l,
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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.
F. Failure to comply. Section LL2.4 of the International Property
Maintenance Code, entitled "Failure to Comply," is amended by substituting
Section Lt2.4 with the following:
Sec. 1L2.4. Failure to Comply. Any failure to comply
with a stop work or stop use order shall constitute a
misdemeanor, punishable by imprisonment in jail for a
maximum term fixed by the court of not more than ninety
(90) days, or by a fine in an amount fixed by the court of
not more than one thousand dollars ($1,000), or by both
such imprisonment and fine, pursuant to KCC 1.04.090,
L.O4.100, and 1.04.110.
G. Rubbish and garbage. Section 308 of the International Property
Maintenance Code, entitled "Rubbish and Garbage," is deleted in its entirety.
H. Electrical facilities. Section 604 of the International Property
Maintenance Code, entitled "Electrical Facilities," is deleted in its entirety.
I. Electrical equipment. Section 605 of the International Property
Maintenance Code, entitled "Electrical Equipment," is deleted in its entirety.
J. Elevators, escalators and dumbwaiters. Section 606 of the
International Propefty Maintenance Code, entitled "Elevators, Escalators and
Dumbwaiters," is deleted in its entirety.
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Sec. 14.O1.1OO.O9O Building codes - Fees. The city council shall,
by resolution, establish the fees to be assessed to implement and operate
the codes adopted in this chapter.
Sec. 14.O1. 1 lO.ife0 Appeals.
A. Appeals to the hearing examiner.
1. Jurisdiction. The city hearings examiner has been designated
as the board of appeals and shall have jurisdiction 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 decision being appealed. When the last day of the appeal
period so computed is a Saturday, Sunday, 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. Standing. Standing to bring an appeal under this chapter is
limited to the following persons:
a. The applicant and the owner of property to which the
permit decision is directed.
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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 is aggrieved or adversely affected within the meaning of
this section only when all of the following conditions are present:
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 Chapter 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 city holiday, the period shall run until the next
business day.
SECTION 2, - Amendment. Section 14.08.020 of the Kent City Code,
entitled "Definitions," is amended as follows:
Sec. 14.O8.O2O Definitions. The definitions contained in KCC
L.O4.O2O shall also apply to this chapter. In addition, the following words,
terms, and phrases, when used in this chapter, shall have the meanings
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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 Residential Code,
the International Mechanical Code, the International Fire Code, the
International Energy Conservation Code, the International Property
Maintenance Code, and the Uniform Plumbing Code, and the Uniform
fbusing-€edqas now or hereafter adopted, amended, or supplemented
pursuant to this title, the Revised Code of Washington, and/or the
Washington Administrative Code,
2. Building official means the building official of the city or any person
authorized by the building official to enforce the building codes.
3.
not.
Premises means a plot of ground, whether occupied by a structure or
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is 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 City 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; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
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<:.
SECTION 5. - Code Synchronization The changes to the building
code provisions enacted herein shall be implemented simultaneously with
the state code's change, currently scheduled to be implemented February L,
2O2L. However, if the Washington State Building Code Council further delays
implementation of the state codes referenced by this ordinance, the
implementation of this ordinance shall similarly be delayed to coincide with
the implementation date of the state codes.
SECTION 6. - Effective Date. This ordinance will take effect and be
in force 30 days from and after its passage, as provided by law.
RALPH, M
December 8, 2020
Date Approved
ATTEST:
0"December 8, 2020
Date AdoptedKIMBERLEYKOMOTO, CITY CLERK
December 11. 2020
Date Published
APPROVE
UR *P PATRICK,ATTORNEY
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'ClaSsified Proof
- CiE of Kent, City Clerk' LEGAL ADS
Fourth Ave S
wA, 98032
51 53
- Leg4l Notices
12/11t2020
ralu2a2t0
- Jetrnifer Tribbett
856-5728
43,83-4387
802-8212
10:54:47 am
$210.13
$0.00
$0.00
$2 10. l3
$0.00rJ
Irlftr,
Prooftd by Jennifer Tlibbett, 12/04/202A 10:55:03 am Page: I
'Classified Proof
CITYOF KENT
NOTICE OF
ORDINANCES
PASSED BY THE CITY
COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council on December 8,
2024.
ORDINANCE NO, 4383
- AN ORDINANCE ofthe
City Council of the City
of Kent, Washington, re-
pealing Ordinance No.
4369 and right-of-way
dedications made there-
in, and through this ordi-
nance dedicating as
right-of-way a portion of
City-owned property lo-
cated in the 24800 block
between Military Road
South and 38th Avenue
S. for right-of-way pur-
poses, authorizing the
Mayor to sign all docu-
ments necessary to fi-
nalize and define the
dedications authorized
by this ordinance, and
directing the City Cle*
to record a certified copyof this amending ordi-
nance upon its passage.
This ordinance shall take
effect and be in force 30
days from and after its
passage, as provided by
law.
ORDINANCE NO. /1384
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, approving the con-
solidating budget adjust-
ments made between
October 1, 2020 and No-
vember 30, 2020, re-
fleciing an overall bud-get increase of
$29,72eJ49.
This ordinance shall take
effect and be in force
five days after publica-
tion, as provided by law.
ORDINANCE NO. 4385
- AN ORDINANCE of
Proofed by Jennifer Tribbett, 12/041202010:55:03 am Page:2
'Classified Proof
the City Council of the
City of Kent, Washing-ton, authorizing the
transfer of excess Local
lmprovement District
Guaranty Funds to the
General Fund.
This ordinance shall take
effect and be in force
five days after its publi-
cation, as provided for
by RCW 35A.1 1.090 and
RCW 35A.12.130.
ORDINANCE NO. 4386
- AN ORDINANCE ot
the City Council of the
Cily of Kent, Washing-
ton, amending Ch. 13.01
of the Kent City Code,
entitled "Fire Codes,' to
adopt the 2018 edition olthe lnternational Fire
Code and to make other
housekeeping amend-
ments and local amend-
ments specifically appli-
cable within Kent.
This ordinance will take
€ffect and be in force 30
days from and after its
passage, as provided by
law.
ORDINANCE NO. 4387
-AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ion, amending various
sections of Ch, 14.01 of
the Kent City Code to
adopt the 2018 editionsof the lntemationalBuilding, Residenlial,
Mechanical, Existing
Building, Property Main-
tenance, and Energy
Conservation Codes andthe Uniform Plumbing
Code; and to repeal
Section 14.01.070, enti-tled Uniform Housing
Code.
This ordinance will take
effect and be in force 30
days from and after its
passage, as provided by
law.
A copy of the complete
text ol any ordinance will
be mailed upon Fquesl
of the City Clerk.
Kimbedey A. Komoto,
City Clerk
Kkomoto@KentWA.gov
'E' AEC EA'E
#91 51 53
12t11t20
Proofed by Jennifer Tribbett, 1210412020 10:55:03 am Page:3