HomeMy WebLinkAbout4463 ORDINANCE NO. 4463
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 2021
editions of the International Building, Residential,
Mechanical, Existing Building, Property
Maintenance, and Energy Conservation Codes and
the Uniform Plumbing Code.
RECITALS
A. In response to legislative amendments adopted by the State of
Washington, the Kent City Council enacted Ordinance No. 4387 on
December 8, 2020, which adopted the 2018 editions of the International
Building, Residential, Existing Building, Mechanical, and Energy
Conservation Codes, and the 2018 edition of the Uniform Plumbing Code. At
the end of 2022, the state adopted the 2021 edition of these codes, which
are all scheduled to take effect and apply to all cities in the state on July 1,
2023. 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.
B. With the adoption of Ordinance 4387, the City Council also
adopted the 2018 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 2021 edition of the International Property
Maintenance Code. Therefore, it is appropriate to amend the Kent City Code
to similarly adopt the updated 2021 edition.
1 Amend KCC 14.01 -
Re: Building Codes
C. In addition to adopting the 2021 code editions and Washington
State Amendments, this ordinance also makes local amendments to clarify
permit application expiration timelines. The Washington State Building Code
Council allows the adoption of local amendments to the administrative
provisions of the codes without approval, pursuant to RCW 19.27.040 and
WAC 51-04-030.
D. Finally, the ordinance makes other housekeeping amendments,
such as renaming titles to be consistent with the state-adopted codes,
renumerating local amendments to avoid conflicts with the state-adopted
codes, and renumerating the Kent City Code to account for repealed
sections.
E. On March 31, 2023, the City's State Environmental Policy Act
(SEPA) Responsible Official determined the ordinance was a nonproject
action exempt from SEPA under RCW 43.21C.450.
F. On April 24, 2023, 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 Commerce
acknowledged receipt of this request on April 24, 2023, and is anticipated
the expedited review will be granted without comment prior to the July 1,
2023 implementation date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - Ch. 14.01 KCC. Chapter 14.01 of the
Kent City Code entitled "Building Codes", is amended as follows:
2 Amend KCC 14.01 -
Re: Building Codes
Chapter 14.01
BUILDING CODES
Sec. 14.01.010. Building codes - Adopted. In accordance with
Chapter 19.27 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, 2918 2021 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-50
WAC.
B. The International Existing Building Code, 2918 2021 Edition,
published by the International Code Council, Inc.
C. The International Residential Code, 2018 2021 Edition, published by
the International Code Council, Inc., as amended pursuant to Chapter 51-
51 WAC.
D. The International Mechanical Code, 2018 2021 Edition, published by
the International Code Council, Inc., as amended pursuant to Chapter 51-
52 WAC.
E. The Uniform Plumbing Code, 2018 2021 Edition, published by the
International Association of Plumbing and Mechanical Officials, including the
Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform
Plumbing Code) as amended pursuant to Chapter 51-56 WAC.
F. The International Energy Conservation Code, 2018 2021 Edition,
published by the International Code Council, Inc., as amended pursuant to
Chapters 51-11C and 51-11R WAC.
3 Amend KCC 14.01 -
Re: Building Codes
G. The International Property Maintenance Code, 291$ 2021 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
with the city clerk as provided for by RCW 35.21.180.
Sec. 14.01.020. 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.
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, 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
104.12:
Sec. 104.12. Lot lines and setback lines.
Notwithstanding the authority of the building official to
administer and enforce the building code, the building
official shall have no duty to verify or establish lot lines or
4 Amend KCC 14.01 -
Re: Building Codes
setback lines. No such duty is created by this code, and
none shall be implied.
C. Permits - Expiration of 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 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 SEPA. All other
project permit applications shall expire automatically if no
permit is issued 365 days after the date a determination
has been made that a fully complete project permit
application, as defined in KCC 14.11.020, has been
approved for issuance 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 eye
er no more than two periods, each period not exceeding
4-&9 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. 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 105 of the International Building Code,
entitled "Permits," is amended by substituting subsection 105.5 with the
following:
Sec. 105.5. Expiration.
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.
5 Amend KCC 14.01 -
Re: Building Codes
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 single-
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 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.
3. No permit extension will be granted for any
property that is the subject of a code enforcement
proceeding under Ch. 1.04 KCC.
E. Bead Means of appeals. Section 113 of the International Building
Code, entitled "Beams Means of Appeals,"is amended by substituting Section
113 with the following:
Sec. 113. Board Means 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 14.01.110.
F. Additional height increases. Section 504.4 of the International
Building Code, as amended by the Washington State Building Code Council
entitled 'Building Hei ht and Number of Stories,' is amended by adding the
following new subsection 504.4.1:
6 Amend KCC 14.01 -
Re: Building Codes
Sec. 504.4.1. Additional height increases. For Group
R-1, RR2 and II=2 condition 2 the permitted increase of one
story allowed by subsection 504.4.1 when all of the
conditions enumerated below are met:
1. Walls separating dwelling units or sleeping
units, and corridor walls in Group R-1, R-2 and II=2 shall be
constructed as 1-hour fire partitions as provided in Section
708. Reduction of the fire-resistance rating is not
permitted.
2. All exterior walls, including those with a fire
separation distance of more than five feet, shall be of not
less than 1-hour fire-resistance rated construction on the
interior and the exterior of the wall.
3. Structural observation is provided during
construction in accordance with Sections 202 and 1704.5.
4. An emergency voice/alarm communication
system complying with subsections 907.5.2.2 through
907.5.2.2.5 is installed.
5. Approved supervised indicating control valves
shall be provided at the point of connection to the
automatic fire sprinkler system riser on each floor.
6. Structures meeting the requirements of this
subsection shall have an automatic Sprinkler zone oer floor.
All zones must report independently.
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7 Amend KCC 14.01 -
Re: Building Codes
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g Amend KCC 14,01 -
Re: Building Codes
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Sec. 14.01.040. 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. Code official. 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
104.12:
Sec. 104.12. Lot lines and setback lines.
Notwithstanding the authority of the building official to
administer and enforce the building code, the building
official shall have no duty to verify or establish lot lines or
setback lines. No such duty is created by this code, and
none shall be implied.
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. 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 applications shall expire
automatically if no permit is issued 365 days after the date
a determination has been made that a fully complete
project permit application, as defined in KCC 14.11.020,
has been approved for issuance �n9i�tted�, 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
9 Amend KCC 14.01 -
Re: Building Codes
application for ene eF no more than two periods, each
period not exceeding 4-&G 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. 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 105 of the International Existing
Building Code, entitled "Permits," is amended by substituting subsection
105.5 with the following:
Sec. 105.5. Expiration.
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
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 single-
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 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.
10 Amend KCC 14.01 -
Re: Building Codes
3. No permit extension will be granted for any
property that is the subject of a code enforcement
proceeding under Ch. 1.04 KCC.
E. 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
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 certificate 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.
F. Beard Means of appeals. Section 112 of the International Existing
Building Code, entitled "Bear-d Means of Appeals," is amended by
substituting Section 112 with the following:
Sec. 112. $sue Means 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
asset forth in KCC 14.01.110.
Sec. 14.01.050. 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:
11 Amend KCC 14.01 -
Re: Building Codes
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:
Sec. R104.12. Lot lines and setback lines.
Notwithstanding the authority of the building official to
administer and enforce the building code, the building
official shall have no duty to verify or establish lot lines or
setback 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. 111105.3.1.1. Substantially improved or
substantially damaged existing buildings in areas
prone to flooding. The building official may require that
all applications for reconstruction, rehabilitation, addition,
or other improvement of existing buildings or structures
located in an area prone to flooding be submitted in
accordance with Ch. 14.09 KCC.
C. Permits - Expiration of project permit application. Section R105 of
the International Residential Code, entitled "Permits," is amended by
substituting subsection R105.3.2 with the following:
Sec. R105.3.2. Expiration of project permit
application. Project permit applications that are subject
to Ch. 12.01 KCC or that require SEPA review are subject
to the deadlines established by that code chapter or by
SEPA. All other project permit applications shall expire
automatically if no permit is issued 365 days after the date
a determination has been made that a fully complete
project permit application, as defined in KCC 14.11.020,
has been approved for issuance nittoQ, 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 ene erno more than two e periods, each
period not exceeding 3-8G 90 days, upon written request by
12 Amend KCC 14.01 -
Re: Building Codes
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 105 of the International Residential
Building Code, entitled "Permits," is amended by substituting subsection
R105.5 with the following:
Sec. 105.5. Expiration.
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
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 single-
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 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.
13 Amend KCC 14.01 -
Re. Building Codes
3. No permit extension will be granted for any
property that is the subject of a code enforcement
proceeding under Ch. 1.04 KCC.
E. Fees - Building permit valuations. Section R108 of the International
Residential Code, entitled "Fees," is amended by substituting subsection
R108.3 with the following:
Sec. R108.3. Building permit valuations. The permit
applicant shall provide an estimated permit value at time
of application. Permit valuations shall include total value of
the work, including materials and labor, for which the
permit is being issued. (The work would include, for
example and without limitation, electrical, gas, mechanical,
and plumbing equipment and other permanent systems.)
If the building official decides that 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.
F. Certificate of occupancy. Section R110 of the International
Residential Code, entitled "Certificate of Occupancy," is hereby repealed.
G. Board of appeals. Section R112 of the International Residential Code,
entitled "Board of Appeals," is amended by substituting Section R112 with
the following:
Sec. R112. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order to
hear and decide appeals of orders, decisions, or
determinations made by the building official relative to the
suitability of alternate materials, design, and methods of
construction and appeals of the reasonable application and
interpretation of the building codes. Appeals shall be made
as set forth in section 14.01.110 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. 14.01.060. Amendments to the Uniform Plumbing Code.
The following local amendments to the Uniform Plumbing Code, including all
14 Amend KCC 14.01 -
Re: Building Codes
amendments enacted by the state of Washington, are hereby adopted and
incorporated into the Uniform Plumbing Code:
A. Permits. Section 104 of the Uniform Plumbing Code, entitled
"Permits," is amended by substituting subsection 104.3.3 with the
following:
Sec. 104.3.3. 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
SEPA. All other project permit applications shall expire
automatically if no permit is issued 365 days after the date
a determination has been made that a fully complete
project permit application, as defined in KCC 14.11.020,
has been approved for issuance ha-s been subn9itted,
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 ene of here no more than two
periods, each period not exceeding 4-89 90 days, upon
written request by the applicant showing that
circumstances beyond the control of the applicant have
prevented action from being taken. If an application has
expired, plans and other data previously submitted for
review may thereafter be returned to the applicant or
destroyed by the building official. In order to renew action
on an expired application, the applicant shall resubmit
plans and pay a new review fee at the rates in effect at the
time of resubmission.
B. Expiration. Section 104 of the Uniform Plumbing Code, entitled
"Permits," is amended by substituting subsection 104.4.3 with the
following:
Sec. 104.4.3. Expiration.
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
15 Amend KCC 14.01 -
Re: Building Codes
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 single-
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 expiration date as provided for in subsection
104.4.3.1.
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.
3. No permit extension will be granted for any
property that is the subject of a code enforcement
proceeding under Ch. 1.04 KCC.
C. Extensions. Subsection 104.4.4 of the Uniform Plumbing Code,
entitled "Extensions," is hereby repealed.
D. Plumbing permit fees. Table 104.5 of the Uniform Plumbing Code,
entitled "Plumbing Permit Fees," is amended by substituting Table 104.5
with the following:
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 14.01.100 KCC.
E. Violations and penalties. Section 106 of the Uniform Plumbing Code,
entitled "Violations and Penalties," is amended by substituting subsection
106.3 with the following:
16 Amend KCC 14.01 -
Re: Building Codes
Sec. 106.3. 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.
F. Board of appeals. Section 107 of the Uniform Plumbing Code, entitled
"Board of Appeals," is amended by substituting Section 107 with the
following:
Sec. 107. 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 14.01.110 of the Kent City Code.
Sec. 14.01.070. 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 106.3.2-3 with the following:
Sec. 106.3.23. 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
SEPA. All other project permit applications shall expire
automatically if no permit is issued 365 days after the date
a determination has been made that a fully complete
project permit application, as defined in KCC 14.11.020,
has been approved for issuance subn9itted, 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
17 Amend KCC 14.01 -
Re; Building Codes
application for one or more periods, each period not
exceeding 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 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. Expiration. Section 106 of the International Mechanical Code, entitled
"Permits tee," is amended by substituting subsection 106.4.3 with the
following:
Sec. 106.4.3. Expiration.
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
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 single-
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 expiration date as provided for in subsection
106.4.3.1.
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.
18 Amend KCC 14.01 -
Re: Building Codes
3. No permit extension will be granted for any
property that is the subject of a code enforcement
proceeding under Ch. 1.04 KCC.
C. Extensions. Subsection 106.4.4 of the International Mechanical Code,
entitled "Extensions," is hereby repealed.
D. Means of appeal= Board of appeals. Section 113 of the International
Mechanical Code, entitled "Means of Appeal,' is amended by substituting
Section 113 with the following:
Sec. 113. Means of appeal. The City of Kent hearing
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 14.01.110 of the Kent City Code.
ED. Violations - Penalties. Section I-08 115 of the International
Mechanical Code, entitled "Violations," is amended by substituting
subsection 4-08115.4 with the following:
Sec. 108115.4. 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. P4ea e€appeal- Sea d of appea-ls: Sectien 4-Gg e€ the lnternatiena
Meehanmeal Cedes entitled '"Means e€ Appeal is amended b-¢ substitutingti
Seetien 4-09 wlt# the +ng:
See. 1:$9. Board of appeals. The Gty of Kent cgs
examine +s des+g-meted e6 t4e beaFd e€ appeals tR eFde to
hear aed dee+de appeals of eFders, deei lien s7 of
de
ternginat,ens made by t+ie building e€fieialFe1ative to the
19 Amend KCC 14.01 -
Re: Building Codes
S)-U,i t an t-1 11 y e€ t,=nate . , de�s-�, affd Fnetheds of
een tF ,etien of d appeals of t#e Baale ap#4eatk)-R anal
of t4e building eedes Appeals s#a++�e n9 ad e
� z^-.niir 6 }e i ty e-as set feFth i � ft�
Sec. 14.01.080. 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:
Sec. C101.5.2. 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 under the 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, penalties. Section R101.5, entitled
"Compliance," is hereby amended by adding the following new subsection
R101.5.2:
Sec. R101.5.2. 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
20 Amend KCC 14.01 -
Re: Building Codes
certificate issued under the 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 G109C110, entitled "Board of Appeals," is hereby
amended by substituting Section G!09 C110 with the following:
Sec. C-#99C110. 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 14.01.110.
D. Appeals. Section R109R110, entitled "mod Means of Appeals," is
hereby amended by substituting Section 14109 R110 with the following:
Sec. 11t#Q9R110. Board Means 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 14.01.110.
Sec. 14.01.090. 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. Code official. All references to the "code official" in the International
Property Maintenance Code shall be substituted with the words "building
official."
B. Fees. Section 193.5104.1.1 of the International Property
Maintenance Code, entitled "Fees," is amended by substituting Section
103. 104.1.1 with the following:
21 Amend KCC 14.01 -
Re: Building Codes
Sec. 103.5104.1.1. Fees shall be assessed as set forth in
Section 14.01.100 of the Kent City Code.
C. Board of appeals. Section 107 of the International Property
Maintenance Code, entitled "Means of Appeal," is amended by substituting
Section 107 with the following:
Sec. 107. Board of auueals. The City of Kent hearing
examiner is designated as the board of appeals in order to
hear and decide appeals of orders, decisions, or
determinations made by the building official relative to the
suitability of alternate materials, design, and methods of
construction and appeals of the reasonable application and
interpretation of the building codes. Appeals shall be made
as set forth in section 14.01.110 of the Kent City Code.
DE. Violations. Section 4-96 109 of the International Property Maintenance
Code, entitled "Violations," is amended by substituting subsections
4-86109.1 and 4-A6109.4 with the subsections that follow; all other
subsections of Section 4-%109 remain the same:
4- 6109.1. 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.
4-G6109.4. 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.
E. Failure to comply. Section 110.4 of the International Property
Maintenance Code, entitled "Failure to Comply," is amended bv substituting
Section 110.4 with the following:
Sec. 110.4. Failure to Comply. Any failure to comply with
a sto work or sto use order shall constitute a
22 Amend KCC 14.01 -
Re: Building Codes
misdemeanor, punishable by imprisonment ink for a
maximum term fixed by the court of not more than ninety
L901 des, 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,
1.04.100, and 1.04.110.
F-D. Notices and orders. Section 4-G-7 111.4 of the International Property
Maintenance Code, entitled "Notices and Orders," is amended by
substituting Section 4-G7 111.4 with the following:
Sec. 447111.4. 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 1.04 of the Kent City Code.
M-.'.-.ten .. Cede, entitled "Means of Appeal,— is angended b-y substituting
Seetien 444 9� the
See. 341. $eat of meals. T-#e £+ty of Kent hearings
examine r +s designated ast#e bearde€ appeals +Re demo
#ear ai-d deei de appeals e€ erdeFs, deeisiensT of
a tern.,in tmens made by the ceding efficial +ative to t#e
suitability of alternate s design, ,of d ,ztheds of
/
eens
t_..,ti e n a.n.d appeals of tote gable app4eatie-R aed
interpFetat e€the building cedes.meals sba#t o n9 ade
ae set feFt# ifs wetter ' ^z�Q of t#e Kent Gty cede.
F. Faik,.-r. ,tom comply. e et.en 112.4 of thte inter-natiena PFepeFty
Mainten .. Cede entitled
"Failure te
C , to ` engp'I/ �smamended by substituting
w-i-t# a stop werk er step use er-der sbe4 cen ute a
n9axangurn fixed by tl=�e ee u Ft of i+et Ffle re tart ninety
f 9G) days er by a €i ne i-rt a-t a m eu nt fixed by the ee uFt of
fl-et n9eFe t#a� ene theusand dollars / eF by beth
stye# aed €+rte-, act to KEG ' ..^�0,
nT-04 406, and 1.94.110.
_
23 Amend KCC 14.01 -
Re: Building Codes
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 Property Maintenance Code, entitled "Elevators, Escalators
and Dumbwaiters," is deleted in its entirety.
Sec. 14.01.100. 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. 14.01.110.
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.
24 Amend KCC 14.01 -
Re: Building Codes
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.
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 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. - 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 3. - 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.
25 Amend KCC 14.01 -
Re: Building Codes
I
SECTION 4. - Code Synchronization The changes to the code
provisions enacted herein shall be implemented simultaneously with the
state code's change, currently scheduled to be implemented July 1, 2023.
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 5. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage as provided by law.
May 16, 2023
DANA RALPH, MAYOR Date Approved
ATTEST:
a
May 16, 2023
KIMBERLEY OMOTO, CI LERK Date Adopted
May 19, 2023
Date Published
A P OVED AS TO FORM:
TA Y TE, CITY ATTORNEY
Rt
M
Gov:
' •vvtVry•ev + �
26 Amend KCC 14.01 -
Re: Building Codes
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County,Washington. The
Kent-Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter(and not in supplement form)which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KEN977052
was published on May 19, 2023
The full amount of the fee charged for said foregoing publication is the
sum of$142.04
Rudi Alcott
Vice President,Advertising
Subscribed and sworn to me this 19' day of May, 2023 .
J nnifer Tribbett, Notary Public for the State of Washington, Residing in
Orting,Washington
'"�. •eBF
s Z.
-
PuBuc
�y,, ,• o,
,WA��
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE CITY
COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council on May 16.
2023.
ORDINANCE NO. 4462
-AN ORDINANCE of the
City Council of the City
of Kent. Washington,
amending Ch 13.01 of
the Kent City Code,enlf-
tled 'Fire Codes.' to
adopt the 2021 edition of
the International Fire
Code and to make other
housekeeping amend-
ments and local amend-
ments specifically appli-
cable within Kent, This
ordinance will take effect
and be in force 30 days
from and after its pas-
sage, as provided by
law.
ORDINANCE NO. 4463
-AN ORDINANCE of the
City Council of the City
of Kent. Washington.
amending various sec-
tions of Ch 14.01 of the
Kent Citv Code to adopt
the 202'I editions of the
International Building,
Residential. Mechanical,
Existing Building, Prop-
erty Maintenance, and
Energy Conservation
Codes and the Uniform
Plumbing Code. This oi-
dinance shall lake effect
and be in force 30 days
from and after its pas-
sage as provided by law.
ORDINANCE NO. 4464
-AN ORDINANCE of the
City Council of the City
of Kent.Washington.re-
lating to the regulation of
accessory dwelfing units.
amending sections,
7.02.050. 7.04.220,
12.14.070. 12.16.090,
15.02.005. 15.02.114,
Page:2
Proofed by Charlie,05/15/2023 1 1:08:47 am
Classified Proof
15.04.030.10.
15.05.040. 15.08.160 of
the Kent C;ty Code.and
repealing and replacing
in its entirety Section
15.08.350 of the Kent
City Code. This ordi-
nance shall take effect
and be in force thirty
clays from and after its
passage,as provided by
Iaw.A copy of the corn-
plete lent of any ordi-
nance, will be mailer)
upon request of theCity
Clerk.
Kimberley A. Komoto,
City Clerk
KIon7otO atKentWAAov
253-856--5725
M977052
5/19123
Proofed by Charlie,05/15/2023 11:08:47 am Page:3
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter(and not in supplement form)which was regularly
distributed to its subscribers during the below stated period.The annexed
notice, a:
Public Notice #KEN975812
was published on May 5, 2023
The full amount of the fee charged for said foregoing publication is the
sum of$119.35
Rudi Alcott
Vice President,Advertising
Subscribed and sworn to me this 5` day of May, 2023 .
Jennifer Tribbetf; otary Public for the State of Washington, Residing in
Orting,Washington
`,` srrrrrrrnrrrpA
`kv M•-Xpa
N.OTARy�d,�.a
a.. A
T(!�•:C� PUBLIC
Classified Proof
CITY OF KENT
CITY COUNCIL
NOTICE OF PUBLIC
HEARING ON AN
ORDINANCE
ADOPTING
AMENDMENTS TO
THE BUILDING AND
FIRE CODES
NOTICE IS HEREBY
GIVEN. in accordance
with RCW 35A.63.070.
that the Kent City Coun-
oil will hold 2 public
hearing during a regular-
ly scheduled City COUn-
oil meeting on Tuesday.
May 16.2023.at 7 p.m.
in Ken! City Hall Cham
bers, located at 220
Fourth Avenue Will'.
Kent.WA 98032.io cor.-
sder and adopt an ordi-
nance amending the fire
and building codes
codified in Chapters 13
and 14 of the Kent City
Code.
if you wish to present
testimony during the
public hearing, please
contact the City Clerk in
advance. Nlembers of
the public may submit
written comments at the
public hearing itself,or in
advance by regular U.S.
N;Iail to the City Clerk's
Office. 220 Fourlh Ave-
nue South. Kent, WA
98032. or by electronic
mail to
C i b yc I e r k o K e.n l WA.yov.
Any wfittan comments
sent in advance must be
received by no later than
4 p.m.on Tuesday,May
16. 2023 in Order to be
considered.
Any person requiring a
disabaity accommoda-
tion should contact the
City Clerk s Office in ad-
vance at 253-856 5725.
For TTD relay ser;ir.e-
call the Washington
Telecommunications Re-
lay Service at 7-1-1
Page:2
Proofed by Jennifer Tribbett,04/25/2023 01:10:51 pm
Classified Proof
Kimberley A Kor:oto
City Ckerk
253-85c-5 25
9ityC4>ri:,La N-tV��A,cx v
#975812
5i5i23
Proofed by Jennifer Tribbett,04/25/2023 01:10:51 pm Page:3