Chapter 15.05 CONSTRUCTION ADMINISTRATIVE CODE

This chapter shall be known as the construction administrative code of the city of Burien, hereinafter referred to as “this code.” [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.015 Scope.

The provisions of this code shall apply to the administration of the following construction codes:

(1) International Building Code – Chapter 51-50 WAC;

(2) International Residential Code – Chapter 51-51 WAC;

(3) International Mechanical Code – Chapter 51-52 WAC;

(4) National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC;

(5) Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC;

(6) International Fuel Gas Code – Chapter 51-52 WAC;

(7) Uniform Plumbing Code – Chapter 51-56 WAC;

(8) Washington State Energy Code, Commercial Provisions and Residential Provisions – Chapters 51-11C and 51-11R WAC;

(9) Burien Electrical Code – WAC 296-46B-705-011(2) of the 2020 Edition of the Washington State Electrical Safety, Administration, and Installation Standard;

(10) International Existing Building Code – WAC 51-50-480000;

(11) International Swimming Pool and Spa Code – Chapter 51-50 WAC;

(12) International Wildland-Urban Interface Code – Chapter 51-55 WAC. [Ord. 824 § 1, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.020 Definitions.

For the purpose of this code, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Definitions for “clearing,” “grading,” and “land disturbing activity” are provided in BMC Titles 13 and 19 when used in determining permit applicability.

“Action” means a specific response complying fully with a specific request by the city.

“Amended construction documents” means changes or revisions to the approved plans which do not alter the size, shape, height, location or orientation on property, major components of the structural load path, or exiting requirements.

“BMC” means the Burien Municipal Code.

“BPMC” means the Burien Building and Property Maintenance Code as adopted by the city of Burien.

“Building official” means the person or persons designated by the city manager, or a duly authorized representative, charged with the administration and enforcement of the adopted administrative and construction codes.

“Building service equipment” means and refers to the plumbing, mechanical and electrical equipment including piping, wiring, fixtures, and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use.

“Code official” means the person or persons charged with the enforcement of the adopted administrative and construction codes, or any duly authorized representative.

“Complete response” means a written submittal responding to all requests from city staff in sufficient detail to allow the application to proceed or be processed.

“Construction codes” means the construction codes listed in BMC 15.05.015.

“Dwelling unit, accessory (attached or detached)” means an additional dwelling unit on a lot with a primary dwelling unit. An accessory dwelling unit is an independent living unit designed for residential occupancy by one or more people independent of the primary dwelling unit, with facilities for sleeping, cooking, and sanitation. It may be attached or internal to the primary dwelling unit or detached from it.

“Energy code” means the latest edition of the Washington State Energy Code as adopted by Burien.

“IBC” means the latest edition of the International Building Code promulgated by the International Code Council as adopted by the city.

“IEBC” means the latest edition of the International Existing Building Code promulgated by the International Code Council as adopted by the city.

“IECC” shall refer to the latest edition of the Washington State Energy Code in lieu of the International Energy Conservation Code promulgated by the International Code Council as adopted by Burien.

“IMC” means the latest edition of the International Mechanical Code promulgated by the International Code Council as adopted by the city.

“IPMC” means the Burien Building and Property Maintenance Code as adopted by the city of Burien.

“IRC” means the latest edition of the International Residential Code for One- and Two-Family Dwellings promulgated by the International Code Council as adopted by the city.

“ISPSC” means the latest edition of the International Swimming Pool and Spa Code promulgated by the International Code Council as adopted by Burien.

“Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.

“Physically and/or electrically remote” means separated, isolated, which is not originating at or from the same location.

“Public service agency” means those agencies providing noncompetitive services and rates to the public for the purpose of delivering electrical, water, sewer or gas utilities. The equipment installed by a public service agency shall be owned, operated and maintained by that agency.

“Shall,” as used in this chapter, is mandatory.

“Square footage method” means calculating valuation based on the currently adopted building valuation data as published by the International Code Council.

“Substantially altered” means any addition, alteration, reconstruction, rehabilitation, repair, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the structure’s assessed value per King County assessor before the improvement or repair is started.

“The city of Burien electrical code” means the 2023 Edition of the Washington State Electrical, Administration, and Installation Standard (WAC 296-46B-705-011(2)) adopted by Burien.

“UPC” means the latest edition of the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials as adopted by the city.

“Valuation” or “value,” as applied to a building, structure, or building service equipment, shall mean the estimated cost to construct or replace the structure, building and its building service equipment in kind based on current construction or replacement costs. Current construction or replacement costs include fees for all architectural, engineering and construction management services, and include all structural, electrical, plumbing, mechanical equipment and labor, including all contractors’ profits and all on-site preparation costs. The building official is authorized to utilize two methodologies to determine valuation. The greater of the two methods (the square footage method vs. the total valuation method) shall be used to determine the construction valuation for the purpose of computing permit fees.

The valuation for a permit renewal or reinstatement shall be based upon the value of all work not completed prior to the permit expiration date, with a minimum valuation of $4,000 for each required remaining inspection. [Ord. 824 § 2, 2024; Ord. 790 § 1, 2023; Ord. 792 § 8, 2022; Ord. 738 § 1, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.025 Appendices.

Provisions in the appendices of the construction codes shall not apply unless specifically adopted. [Ord. 824 § 3, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.030 Intent.

The purpose of this code is to provide for the administration, enforcement, and organization of Burien’s construction administrative code and construction codes (hereinafter “construction codes”). The construction codes establish the minimum requirements to provide a reasonable level of safety, public health, and general welfare through affordability, structural strength, means of egress, stability, sanitation, light and ventilation, energy conservation, and a reasonable level of life safety and property protection from fire, explosion or dangerous conditions, and a reasonable level of safety to firefighters and emergency responders during emergency operations. This code does not establish a duty to any specific individual. Notwithstanding this statement of intent or any statements of intent regarding any of the specific codes adopted in this chapter, the construction codes and the codes adopted herein are not intended to select any individual or class of individuals for special protection or to create any duty to any such individual or class of individuals greater than the duty to the public. [Ord. 824 § 4, 2024]

15.05.031 Liability.

Nothing contained in the construction code is intended to be nor shall be construed to create or form the basis for any Burien or King County liability or their agents, consultants, employees, or officers for any injury or damage resulting from the failure of a building to conform to the provisions of the construction codes. [Ord. 824 § 5, 2024]

15.05.035 Referenced codes.

The codes listed in BMC 15.05.040 through 15.05.087 and referenced elsewhere in the construction codes shall be considered part of the requirements of this code to the prescribed extent of each such reference. [Ord. 824 § 6, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.040 International Building Code – Scope and intent.

(1) Scope. The provisions of the International Building Code (IBC) shall apply to the construction, alteration, enlargement, equipment, location, relocation, replacement, repair, use and occupancy, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception:

(a) Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures not more than three stories above grade plane in height shall comply with the International Residential Code.

(b) Roads, bridges, sidewalks, drainage structures, retaining walls, and similar structures regulated, approved, and inspected by Burien’s public works department.

(2) IBC Intent. The IBC establishes the minimum requirements to provide a reasonable level of safety, public health, and general welfare through adequate light and ventilation, energy conservation, structural strength, means of egress facilities, sanitation, stability, and safety to life and property from fire, explosion, and other hazards, and to provide a reasonable level of safety to firefighters and emergency responders during emergency operations. [Ord. 824 § 7, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.045 International Residential Code – Scope and intent.

(1) Scope. The provisions of the International Residential Code for One- and Two-Family Dwellings (IRC) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of detached one- and two-family dwellings, adult family homes, and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures not more than three stories above grade plane in height.

Exceptions:

(a) Live/work units located in townhouses complying with the requirements of Section 508.5 of the International Building Code shall be permitted to be constructed under the International Residential Code for One- and Two-Family Dwellings. An automatic sprinkler system required by the International Building Code Section 508.5.7 when constructed under the International Residential Code for One- and Two-Family Dwellings shall conform to Appendix U of the International Residential Code.

(b) Owner-occupied lodging houses with one or two guestrooms shall be permitted for construction under the International Residential Code for One- and Two-Family Dwellings.

(c) Owner-occupied lodging homes with three to five guestrooms shall be permitted to be constructed under the International Residential Code for One- and Two-Family Dwellings equipped with a fire sprinkler system consistent with Appendix U of the International Residential Code.

(d) A care facility with five or fewer persons receiving custodial care within a dwelling unit may be constructed under the International Residential Code for One- and Two-Family Dwellings when equipped with an automatic fire sprinkler system required by Appendix U of the International Residential Code.

(e) A care facility with five or fewer persons receiving medical care within a dwelling unit shall be permitted to be constructed under the International Residential Code for One- and Two-Family Dwellings when equipped with an automatic fire sprinkler system required by Appendix U of the International Residential Code.

(f) A care facility with five or fewer persons receiving care that are within a single-family dwelling shall be permitted to be constructed under the International Residential Code for One- and Two-Family Dwellings when equipped with an automatic fire sprinkler system required by Appendix U of the International Residential Code.

(2) Intent. The IRC establishes minimum requirements to safeguard the public safety, health, and general welfare through affordability, structural strength, means of egress, stability, sanitation, light and ventilation, energy conservation, and providing a reasonable level of life safety and property protection from fire or dangerous conditions, and to provide a reasonable level of safety to firefighters and emergency responders during emergency operations.

(3) International Residential Code Appendices. Provisions in the International Residential Code appendices shall not apply unless specifically referenced in the adopting ordinance. An appendix adopted by Burien that affects single-family or multifamily residential buildings as defined in RCW 19.27.015 shall not be effective unless approved by the State Building Code Council under RCW 19.27.060(1)(a).

Exceptions:

(a) The State Building Code Council has determined that a local ordinance providing specifications for light straw-clay or straw bale construction or requiring a solar-ready zone or requiring fire sprinklers under IRC Appendix AR – Light Straw-Clay Construction, AS – Strawbale Construction, T – Solar-Ready Provisions, or V – Fire Sprinklers may be adopted by any local government upon notification of the Council.

(b) IRC Appendix F – Radon Control Methods, Appendix Q – Tiny Houses, and Appendix U – Dwelling Unit Fire Sprinkler Systems are included in the adoption of the International Residential Code. [Ord. 824 § 8, 2024; Ord. 738 § 3, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.050 International Mechanical Code – Scope and intent.

(1) Scope. The provisions of the International Mechanical Code (IMC) shall regulate the alteration, design, inspection, installation, and maintenance of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those appliances, equipment, mechanical systems, and system components specifically addressed herein. The International Fuel Gas Code shall regulate the installation of fuel gas distribution piping and equipment, fuel gas-fired appliances, and fuel gas-fired appliance venting systems. References in this code to Group R shall include Group I-1, Condition 2 assisted living facilities licensed by Washington State under Chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington State under Chapter 246-337 WAC.

Exceptions:

(a) Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the International Residential Code.

(b) The standards for liquefied petroleum gas installations shall be the 2020 Edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2021 Edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code).

(2) Intent. The IMC establishes minimum standards to provide reasonable safety, health, property protection, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of mechanical systems.

(3) Other Authorities. In addition to the IMC, Chapter 480-93 WAC provisions regarding gas pipeline safety may apply to single-meter installations serving more than one building. The Washington Utilities and Transportation Commission enforces Chapter 480-93 WAC provisions. [Ord. 824 § 9, 2024; Ord. 738 § 4, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.055 National Fuel Gas Code – Scope.

The provisions of the National Fuel Gas Code (NFPA 54) shall apply to the installation of liquefied petroleum gas piping appliances, equipment, systems, and related accessories as referenced in this code. [Ord. 824 § 10, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.057 Liquid Petroleum Gas Codes – Scope.

The Liquified Petroleum Gas Code (NFPA 58) provisions shall apply to the installation of handling, storage, transportation, and use of liquefied petroleum gas (LP-gas). [Ord. 824 § 11, 2024]

15.05.060 International Fuel Gas Code – Scope.

(1) Scope. The provisions of the International Fuel Gas Code (IFGC) shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems, and regulated accessories under subsections (2) through (6) of this section.

Exceptions:

(b) The standards for liquefied petroleum gas installations shall be the 2020 Edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2021 Edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code).

(2) Gaseous Hydrogen Systems. Gaseous hydrogen systems shall be regulated by IFGC Chapter 7.

(3) Piping Systems. These IFGC regulations cover piping systems for natural gas with an operating pressure of 125 pounds per square inch gauge (psig) (862 kPa gauge) or less and for LP-gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in IFGC Section 402.7. Coverage shall extend from the point of delivery to the outlet of the appliance shutoff valves. Piping system requirements shall include assembly, components, design, fabrication, inspection, installation, maintenance, materials, operation, and testing.

(4) Gas Appliances. The requirements for gas appliances and related accessories shall include installation, combustion and ventilation, air and venting, and connections to piping systems.

(5) Appliances, Equipment, and Systems Outside the Scope. The IFGC shall not apply to the following:

(a) Portable LP-gas appliances and equipment not connected to a fixed fuel piping system.

(b) Installation of farm appliances and equipment such as brooders, dehydrators, dryers, and irrigation equipment.

(d) Oxygen-fuel gas cutting and welding systems.

(e) Industrial gas applications using gases such as acetylene and acetylenic compounds, ammonia, carbon monoxide, hydrogen, oxygen, and nitrogen.

(f) Petroleum refineries, pipeline compressors or pumping stations, loading terminals, compounding plants, refinery tank farms, and natural gas processing plants.

(g) Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by, or used in, chemical reactions.

(h) LP-gas installations at utility gas plants.

(i) Liquefied natural gas (LNG) installations.

(j) Fuel gas piping in power and atomic energy plants.

(k) Proprietary items of equipment, apparatus, or instruments such as gas-generating sets, compressors, and calorimeters.

(l) LP-gas equipment for vaporization, gas mixing, and gas manufacturing.

(m) Temporary LP-gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.

(n) Installation of LP-gas systems for railroad switch heating.

(o) Installation of hydrogen gas, LP-gas, and compressed natural gas (CNG) systems on vehicles.

(p) Except as provided in IFGC Section 401.1.1, gas piping, meters, gas pressure regulators, and other appurtenances used by the serving gas supplier in gas distribution, other than undiluted LP-gas.

(q) Building design and construction, except as specified herein.

(r) Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).

(s) Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.

(6) Other Fuels. The International Mechanical Code shall regulate the requirements for the alteration, design, inspection, installation, and maintenance of mechanical systems operating with fuels other than fuel gas.

(7) IFGC Intent. The IFGC establishes minimum standards to provide reasonable safety, health, property protection, and public welfare by regulating and controlling the design, construction, installation, location, maintenance, operation, quality of materials, or use of fuel gas systems. [Ord. 824 § 12, 2024; Ord. 738 § 5, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.065 International Fire Code – Scope.

Repealed by Ord. 824. [Ord. 738 § 6, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.070 Uniform Plumbing Code – Scope.

The provisions of the Uniform Plumbing Code (UPC) shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, where connected to a water or sewage system and all aspects of a medical gas system. [Ord. 738 § 7, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.075 Burien Building and Property Maintenance Code – Scope.

Repealed by Ord. 824. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.080 Washington State Energy Code – Scope.

(1) General. The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency.

(2) WSEC Intent. The WSEC regulates the design and construction of buildings for the effective use and conservation of energy over the life of each building. The WSEC is intended to provide flexibility to permit innovative approaches and techniques to achieve this objective. The WSEC is not intended to abridge safety, health, or environmental requirements in other applicable codes or ordinances.

(3) Mixed Residential and Commercial Buildings. Where a building includes residential and commercial building portions, each portion shall be separately considered and meet the applicable provisions of WSEC – Commercial Provisions or WSEC – Residential Provisions.

(4) Compliance. Residential buildings shall meet the provisions of WSEC – Residential Provisions. Commercial buildings shall meet the provisions of WSEC – Commercial Provisions.

(5) Compliance Materials. The building official shall be permitted to approve specific computer software, worksheets, compliance manuals, and other similar materials that meet the intent of the WSEC.

(6) Washington State Energy Code – Commercial. Washington State Energy Code – Commercial applies to commercial buildings, building sites, associated systems, and equipment. References in the commercial energy code to Group R shall include Group I-1, Condition 2 assisted living facilities licensed by Washington State under Chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington State under Chapter 246-337 WAC. Building areas that contain Group R sleeping units, regardless of the number of stories in height, are required to comply with the commercial sections of the energy code.

(7) Washington State Energy Code – Residential (WSEC-R). The WSEC-R applies to residential buildings, building sites, associated systems, and equipment. This code shall be the maximum and minimum energy codes for residential construction in Burien. Residential sleeping units, Group I-1, Condition 2 assisted living facilities licensed by Washington State under Chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington State under Chapter 246-337 WAC shall utilize the commercial building sections of the energy code regardless of the number of stories or height above grade plane.

Exception: This section does not apply to temporary growing structures used solely for the commercial production of horticultural plants, including ornamental plants, flowers, vegetables, and fruits. A temporary growing structure is not considered a building under this code. However, the installation of other than listed portable mechanical equipment or listed portable lighting fixtures is not allowed. [Ord. 824 § 15, 2024; Ord. 738 § 8, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.082 International Existing Building Code – Scope and intent.

(1) Scope. The provisions of the International Existing Building Code (IEBC) shall apply to the repair, alteration, change of occupancy, addition to, and relocation of existing buildings, regardless of occupancy, subject to the criteria of BMC 15.05.085(4) and (5).

Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height shall comply with the IEBC or the International Residential Code.

(2) International Existing Building Code Appendices. The building official is authorized to require rehabilitation and retrofit of buildings, structures, or individual structural members in compliance with the appendices of this code if such appendices have been individually adopted.

Appendix A, “Guidelines for the Seismic Retrofit of Existing Buildings,” is adopted as part of this code.

(3) IEBC Intent. The IEBC provides flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to provide a reasonable level of safety, health, property protection, and general welfare insofar as they are affected by the repair, alteration, change of occupancy, addition, and relocation of existing buildings.

(4) Buildings Not Previously Occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose, in accordance with the laws in existence at the time of its completion, shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the International Building Code or International Residential Code, as applicable, for new construction.

(5) Buildings Previously Occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, or as deemed necessary by the code official to mitigate an unsafe building. For this section, “unsafe building” should not be construed as a mere lack of compliance with the current code.

(6) Safeguards During Construction. Construction work covered in this code, including any related demolition, shall comply with the requirements of IEBC Chapter 15.

(7) Correction of Violations of Other Codes. Repairs or alterations mandated by any property, housing, or fire safety maintenance code or any licensing rule or ordinance adopted under law shall conform only to the requirements of that code, rule, or ordinance and shall not be required to conform to the IEBC unless the code requiring such repair or alteration so provides.

(8) Application of Fire Code. Where work regulated by the IEBC is also regulated by the construction requirements for existing buildings in the city of Burien fire code Chapter 11, such work shall comply with applicable requirements in both codes. [Ord. 824 § 16, 2024; Ord. 738 § 9, 2020; Ord. 638 § 1 (Exh. A), 2016]

15.05.085 Burien Electrical Code – Scope.

The provisions of the Burien Electrical Code apply to the installation of electric conductors, electric equipment and additions, alterations, modifications, or repairs to existing electrical installations for the following:

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

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

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

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

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

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

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

(8) Optional standby systems derived from portable generators.

Exception: Installations under the exclusive control of electric utilities for the purpose of communication, transmission, and distribution of electric energy located in buildings used exclusively by utilities for such purposes or located outdoors on property owned or leased by the utilities or on public highways, streets, roads, etc., or outdoors by established rights on private property.

It is the intent of this section that the Burien Electrical Code covers all premises’ wiring or wiring other than utility owned metering equipment, on the load side of the service point of buildings, structures, or any other premises not owned or leased by the utility. Also, it is the intent that the Burien Electrical Code covers installations in buildings used by the utility for purposes other than listed above, such as office buildings, warehouses, garages, machine shops, and recreational buildings which are not an integral part of a generating plant, substation, or control center. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.086 International Swimming Pool and Spa Code – Scope.

(1) Scope. The International Swimming Pool and Spa Code (ISPSC) provisions shall apply to the alteration, construction, maintenance, movement, renovation, repair, and replacement of aquatic recreation facilities, pools, and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for bathing, swimming, or wading. Furthermore, the design and construction of swimming pools, spas, and other aquatic recreation facilities shall comply with the International Swimming Pool and Spa Code when the facility is one of the following:

(a) For the sole use of residents and invited guests at a single-family dwelling;

(b) For the sole use of residents and invited guests of a duplex owned by the residents; or

(c) Operated exclusively for physical therapy or rehabilitation and under the supervision of a licensed medical practitioner.

All other “water recreation facilities,” as defined in RCW 70.90.110, are regulated under Chapters 246-260 and 246-262 WAC.

(2) Flotation Tanks. Flotation tank systems intended for sensory deprivation therapy shall not be included in the scope of this code.

(3) ISPSC Intent. The ISPSC establishes minimum standards to provide reasonable safety and protection of health, property, and public welfare by regulating and controlling the design, construction, installation, location, maintenance, quality of materials, or use of pools and spas. [Ord. 824 § 17, 2024]

15.05.087 International Wildland-Urban Interface Code – Scope.

(1) Scope. The provisions of the International Wildland-Urban Interface Code (IWUIC) shall apply to the alteration, construction, maintenance, movement, repair, and use of any building, premises, or structure within the wildland-urban interface areas in Burien.

(a) Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued if such condition, occupancy, or use was legal at the time of the adoption of this code; provided, that such continued use does not constitute an egregious danger to life or property.

(b) Buildings or structures moved into or within Burien shall comply with the provisions of the IWUIC for new buildings or structures.

(2) IWUIC Intent. The IWUIC establishes minimum regulations consistent with nationally recognized good practices for safeguarding life and property protection. Regulations in this code are intended to mitigate the risk to life and structures from fire intrusion, wildland fire exposures, and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered and commensurate with the relative level of hazard present.

The unrestricted use of property in wildland-urban interface areas threatens life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be consistent with the IWUIC.

The IWUIC shall supplement Burien’s construction codes with special regulations to mitigate fire and life-safety hazards in the wildland-urban interface areas.

(3) Retroactivity. The code provisions shall apply to conditions arising after the adoption thereof, conditions not legally in existence at the adoption of this code, and conditions that, as determined by the code official, constitute an egregious hazard to life or property.

Exception: Provisions of this code that specifically apply to existing conditions are retroactive. [Ord. 824 § 17, 2024]

15.05.090 Applicability.

(1) General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes as specified in RCW 19.27.031 shall govern.

(2) New Installations. This code applies to new installations.

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

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

(4) Maintenance. Buildings and structures, including their electrical, plumbing, mechanical systems, equipment, materials, and appurtenances, both existing and new, and parts thereof shall be maintained in proper operating condition as originally designed and in a safe, hazard-free condition. Devices or safeguards required by adopted construction codes shall be maintained in compliance with the code edition under which they are installed. The owner or the owner’s designated agent shall be responsible for maintaining the systems and equipment. To determine compliance with this provision, the building official shall have the authority to require that the systems and equipment be reinspected.

(a) HVAC Maintenance. The HVAC system maintenance inspection shall be performed per ASHRAE/ACCA/ANSI Standard 180.

(b) International Wildland-Urban Interface Code Maintenance. Buildings, defensible space, landscape materials, structures, vegetation, or other devices or safeguards required by this code shall be maintained in conformance with the code edition under which it was installed. The owner or the owner’s authorized agent shall be responsible for maintaining buildings, landscape materials, structures, and vegetation.

(5) Additions, Alterations, Modifications, or Repairs for Other Than IRC Buildings. Additions, alterations, modifications, or repairs to a building or structure or the electrical, plumbing, or mechanical system(s) of any building, structure, or premises shall conform to the requirements of the adopted construction codes, without requiring those portions of the existing building or system not being altered or modified to comply with all the requirements of this code. Installations, additions, alterations, modifications, or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the building official or designated representative.

Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions were made.

Minor additions, alterations, renovations, and repairs to existing mechanical systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous, and is approved by the building official.

(6) Additions, Alterations, Change of Use, Repairs, or Relocations to IRC Buildings. Additions, alterations, relocation, or repairs shall be permitted to conform to the requirements of the provisions of IEBC Chapter 45 or shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code unless otherwise stated. Additions, alterations, repairs, and relocations shall not cause an existing structure to become less compliant with the provisions of this code than the existing building or structure was before the addition, alteration, repair, or relocation. Where additions, alterations, or changes of use to an existing structure result in a use or occupancy, height, or means of egress outside the scope of this code, the building shall comply with the International Existing Building Code.

Exceptions:

(a) Additions with less than 500 square feet of conditioned floor area are exempt from the requirements for whole house ventilation systems, IRC Section M1505.

(b) Additions or alterations to existing buildings which do not require the construction of foundations, crawlspaces, slabs, or basements, shall not be required to meet the requirements for radon protection in IRC Section R332.1 and Appendix F.

Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions were made.

Minor additions, alterations, repairs, and renovations to existing mechanical systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous, and is building official approved. [Ord. 824 § 18, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.095 Other laws.

The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law. In addition to construction code requirements, all occupancies shall conform to the provisions of the state building code (Chapter 19.27 RCW). In case of conflicts among codes enumerated in RCW 19.27.031(1) through (4) and the Burien construction codes, an earlier-named code shall govern. In the case of conflict between the duct sealing and insulation requirements of the WSEC and the duct insulation requirements of IMC Sections 603 and 604, the duct insulation requirements of the WSEC shall govern. [Ord. 824 § 19, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.100 Application of references.

References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section, or provision of the construction codes. [Ord. 824 § 20, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.105 Referenced codes and standards.

The codes and standards referenced in this code and the construction codes shall be considered part of the requirements of this code and the construction codes to the prescribed extent of each such reference.

Where conflicts occur between provisions of the construction code and referenced codes and standards, the provisions of the construction code shall apply.

Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of the construction codes listed in the Burien Municipal Code, the provisions of this title and the codes listed in BMC 15.05.015, as applicable, shall take precedence over the provisions in the referenced code or standard. [Ord. 824 § 21, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.110 Partial invalidity.

If any part or provision of this code or the construction codes is held to be illegal or void, the remaining parts or provisions shall remain in effect. [Ord. 824 § 22, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.115 Existing structures.

The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in the construction codes, the Burien building and property maintenance code, the International Fire Code, or as is deemed necessary by the building official or fire marshal for the general safety and welfare of the occupants and the public.

(1) Buildings Not Previously Occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the International Building Code or International Residential Code, as applicable, for new construction.

(2) Buildings Previously Occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in the International Existing Building Code, the International Fire Code, or as is deemed necessary by the code official to mitigate an unsafe building. For the purpose of this section, “unsafe building” is not to be construed as a mere lack of compliance with current code.

(3) Modifications. Repair, alteration, change of occupancy or use, addition to and relocation of existing structures not regulated by the International Residential Code shall be performed in accordance with the International Existing Building Code.

(4) Additions, Alterations, or Repairs of Structures Regulated by the International Residential Code. Additions, alterations, or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of the International Residential Code unless otherwise stated. Additions, alterations, repairs, and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

(5) Determination of Substantially Improved or Substantially Damaged Existing Buildings and Structures in Flood Hazard Areas. For applications for reconstruction, rehabilitation, repair, alteration, addition, or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine where the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by the International Existing Building Code, the building official shall require the building to meet the requirements of Section 1612 of the International Building Code and Chapter 15.55 BMC, Flood Damage Prevention.

(6) Preliminary Meeting. When requested by the permit applicant or the code official, the code official shall meet with the permit applicant prior to the application for a construction permit to discuss plans for the proposed work or change of occupancy to establish the specific applicability of the provisions of this code.

Exception: Repairs and Level 1 alterations.

(7) Building Evaluation. The code official is authorized to require an existing building to be investigated and evaluated by a registered design professional based on the circumstances agreed upon at the preliminary meeting. The design professional shall notify the code official if any potential nonconformance with the provisions of this code is identified. [Ord. 824 §§ 23, 24, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.120 Maintenance.

Structures and installations, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe condition. Devices or safeguards shall be maintained in compliance with the code edition under which they were constructed or installed. The owner or the owner’s authorized agent shall be responsible for maintenance of structures and installations. To determine compliance with this provision, the building official shall have the authority to require an installation to be reinspected. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.125 Added electrical wiring.

Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions were made. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.130 Requirements not covered by code.

The building official shall determine the requirements necessary for the strength, stability or proper operation of an existing or proposed structure or installation, or for the public safety, health and general welfare, not specifically covered by this code. [Ord. 738 § 10, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.135 Moved buildings.

Buildings or structures moved into or within the city shall comply with the provisions of BMC 15.10.150(1). [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.140 Moved buildings – Electrical requirements.

Electrical requirements for moved buildings shall be in accordance with BMC 15.10.150(2). [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.145 Structures in areas of special flood hazard.

Buildings located in areas of special flood hazard shall be regulated under the International Building Code, the International Residential Code, and Chapter 15.55 BMC, Flood Damage Prevention. [Ord. 824 § 25, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.150 Building department – Established.

There is established for the city the “building department” which shall be under the supervision and control of the city manager or his/her authorized representative. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.155 Building official designated.

The building official shall be appointed by the city manager. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.160 Deputies.

Following the prescribed procedures of the city of Burien and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners, code enforcement officers, code officials, planners, and other employees. Such employees shall have powers delegated by the building official. [Ord. 824 § 26, 2024;Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.165 Building official duties and power.

The building official may administer, interpret, and enforce the provisions of this code and this title. The building official may render interpretations of this code and this title and adopt policies and procedures to clarify the application of its provisions. Such interpretations, policies, and procedures shall comply with the intent and purpose of this code and this title. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code and this title. [Ord. 824 § 27, 2024; Ord. 738 § 11, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.170 Applications and permits.

The building official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition and moving of buildings, structures and building service equipment, inspect the premises for which such permits have been issued, and enforce compliance with the provisions of this code and the construction codes. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.171 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas.

Determination of substantially improved or damaged existing buildings and structures in flood hazard areas shall be under Chapter 15.55 BMC. Where it is determined that the proposed work constitutes substantial improvement or repair of substantial damage, the building official shall require the building to meet the requirements of IBC Section 1612 or IRC Section R322. See also BMC 15.55.050(26). [Ord. 824 § 28, 2024]

15.05.175 Notices and orders.

(1) The building official shall have the authority to issue all necessary notices or orders to ensure compliance with this code, the construction codes, and Chapter 2.75 BMC, Emergency Management.

(2) Following a city of Burien issued formal declaration of emergency, the building official shall be authorized to evaluate and provide building safety evaluations. Evaluations shall generally follow standards from the Applied Technology Council ATC 20, ATC 20-1, or ATC 45 manuals. The procedure shall allow for the tagging of buildings as “inspected,” “limited entry” or “unsafe,” along with any associated penalties per BMC 15.05.405 and 15.05.410 for removal of building tags. Notice of orders pertaining to dangerous buildings and appeal procedures established under adopted building codes shall not apply under official declarations of emergency. [Ord. 824 § 29, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.180 Inspections.

The building official shall make all of the required inspections and shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, at the applicant’s expense. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.185 Identification.

Building department personnel shall carry proper identification when inspecting structures or premises in performing duties under this code and the construction codes. [Ord. 824 § 29, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.190 Right of entry.

Where it is necessary to make an inspection to enforce the provisions of this code, the construction codes, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code or the construction codes which makes the structure or premises unsafe, dangerous or hazardous, the building official or authorized designee is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official or authorized designee shall first make a reasonable effort to locate the owner, the owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official or authorized designee shall have recourse to the remedies provided by law to secure entry. For purposes of the construction codes an authorized designee or code official shall include but not be limited to plans examiners, inspectors, planners, and code enforcement officers. [Ord. 824 § 29, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.191 Inspection warrant.

Where the code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, or occupant or person having charge, care, or control of the building or premises shall not fail or neglect, after a proper request is made as herein provided, to promptly permit entry therein by the code official for inspection and examination under the applicable construction code. [Ord. 824 § 30, 2024]

15.05.195 Department records.

The city shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.200 Liability.

This title shall not be construed to relieve or lessen the responsibility of any person, partnership, firm, association, or corporation owning, building, altering, constructing, or moving any building or structure as defined in this title; nor shall the city or any agent thereof be held as assuming such liability by reason of inspection authorized herein or a certificate of inspection issued by the city or any of its agencies.

The building official or employee charged with the enforcement of this code and this title, while acting for the city of Burien in good faith and without malice in the discharge of the duties required by this code and this title or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code and this title shall be defended by legal representative of the city of Burien until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code and this title. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.205 Approved materials and equipment.

Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.210 Used materials and equipment.

The use of used materials and building service equipment which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.215 Modifications.

Wherever there are practical difficulties involved in carrying out the provisions of this code or the construction codes, the building official shall have the authority to grant modifications for individual cases upon application of the owner or the owner’s authorized agent, provided the building official shall first find that special individual reason makes the strict letter of this code or the construction codes impractical and the modification complies with the intent and purpose of this code or the construction codes and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the department files. The building official may charge an additional fee to evaluate any proposed modification under the provisions of this section. [Ord. 824 § 31, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.216 Flood hazard areas.

The building official shall not grant modifications to any provisions required in flood hazard areas as established by IRC Table R301.2 and Chapter 15.55 BMC unless a determination has been made that:

(1) There is good and sufficient cause to show that the unique characteristics of the site’s size, configuration, or topography render the elevation standards of IRC Section R322 inappropriate.

(2) Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable, and the building official that there is a practical, reliable long-term solution that complies with all applicable standards and controls.

(3) The granting of modification will not result in increased flood heights, additional threats to public safety, extraordinary public expense, fraud on or victimization of the public, or a conflict with existing laws or ordinances.

(4) Considering the flood hazard, the minimum modification is necessary for reliable long-term relief.

(5) Written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and stating that construction below the design flood elevation increases risks to life and property, has been submitted to the applicant. [Ord. 824 § 32, 2024]

15.05.220 Alternative materials, design and methods of construction and equipment.

The provisions of the construction codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the construction codes; provided, that any such alternative has been approved by the building official as provided herein. An alternative material, design, or construction method shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of the construction codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the construction codes in quality, strength, effectiveness, fire resistance, durability, energy conservation and efficiency, and safety. Compliance with the specific performance-based provisions of the construction codes shall be an alternative to the specific requirements of the construction codes. Where the alternative material, design, or construction method is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. The building official may charge an additional fee to evaluate any proposed alternate material, design, and/or construction method, and equipment under this section’s provisions. [Ord. 824 § 33, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.225 Research reports.

Supporting data, where necessary to assist in approving materials or assemblies not specifically provided for in this code or the construction codes, shall consist of valid research reports from approved sources. [Ord. 824 § 33, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.230 Tests.

Whenever there is insufficient evidence of compliance with the provisions of the construction codes or evidence that a material or method does not conform to the requirements of the construction codes, to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the city of Burien. Test methods shall be as specified in the construction codes or by other recognized test standards. Without recognized and accepted test methods, the building official shall approve the testing procedures. An approved agency shall perform the tests. Reports of such tests shall be retained by the city for the period required to retain public records. [Ord. 824 § 33, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.235 Permits required.

Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the construction codes, and/or shoreline, flood plain, landslide hazard, or critical area provision, or to clear, grade, pave, or conduct earth moving or land-disturbing activities, or to cause any such work to be done, shall first make application to Burien, provide accurate, truthful, complete, and pertinent oral and written information regarding the project, and, if appropriate, obtain the required permit. A separate permit is required for each building or structure.

Exceptions:

(a) When deemed appropriate by the building official, accessory buildings and structures may be included under the permit of the main building or structure.

(b) A single demolition permit may be issued to demolish multiple structures on a single tax parcel. [Ord. 824 § 34, 2024; Ord. 792 § 9, 2022; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.240 Electrical permit required.

In accordance with Chapter 19.28 RCW, an electrical permit is required for the following installations:

(1) The installation, alteration, repair, replacement, modification, or maintenance of all electrical systems, wires, and equipment regardless of voltage.

(2) The installation and/or alteration of low voltage systems defined as:

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

(b) NEC, Class 2 circuits powered by a Class 2 power supply as defined in NEC 725.41(A).

(3) Telecommunications Systems.

(a) Installation of telecommunications systems on the customer side of the network demarcation point for projects greater than 10 telecommunications outlets.

(b) All backbone installations, regardless of size, and all telecommunications cable or equipment installations involving penetrations of fire barriers or passing through hazardous locations.

(c) The temporary installation of greater than 10 outlets and the associated cables along any horizontal pathway from the telecommunications closet to work areas during any continuous 90-day period requires a permit and inspection.

(d) Backbone installations in multifamily residential dwellings which require penetration of fire barriers or installation of more than 10 outlets in common areas.

(e) Definitions of telecommunications technical terms shall be as set forth in Chapter 19.28 RCW, EIA/TIA standards, and the Burien electrical code. [Ord. 824 § 35, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.242 Annual permit.

Instead of an individual construction permit for each plumbing, mechanical or electrical alteration to an already approved system or equipment or application installation, the code official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.

The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The code official shall have access to such records at all times or such records shall be filed with the code official as designated. [Ord. 638 § 1 (Exh. A), 2016]

15.05.243 Permit conditions.

The building official may impose conditions for permits. As a reasonable exercise of authority and discretion, the building official may not issue permits or allow the use of a permit that places public safety, health, and/or the environment at risk, that violates Burien laws, regulations, rules, or state and county laws, including but not limited to critical areas, shorelines, steep slopes, flood plains, landslide hazards, environmental, health and sanitation laws, guidelines, orders, or statutes, or involves allowing unpermitted work on public property. [Ord. 824 § 35, 2024]

15.05.245 Work exempt from permit.

Exemptions from permit requirements of this code shall not grant authorization for any work to be done in any manner in violation of the provisions of the construction codes, state and county law including but not limited to critical areas, shorelines, steep slopes, flood plains, environmental, health and sanitation laws, or any other laws or ordinances of the city of Burien. Permit exemptions shall not apply to critical areas, steep slopes, landslide hazard areas, shorelines, areas of flood hazard, areas where the regulated work is within locations subject to the construction requirements of the International Wildland-Urban Interface Code, unpermitted work on public property. Permits shall not be required for the following except when located in a special flood hazard area or other areas within the city requiring critical area review or exemption by the zoning code:

(1) Building.

(a) Other than storm shelters, one-story detached accessory structures that are accessory to residential buildings and constructed under the provisions of the IRC used as tool and storage sheds, tree-supported play structures, playhouses, gazebos, pergolas attached to or detached from the primary structure, and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2), and the structure is located in accordance with all land use regulations and where the structure is located more than 50 feet from the nearest adjacent structure, a permit shall not be required under the scoping provisions of the International Wildland-Urban Interface Code.

(b) Tennis courts, basketball courts, and similar uses associated with R-3 occupancies single-family and one- and two-family dwelling units that conform with all land use regulations, not located in critical areas (landslide, flood plains, steep slopes, etc.) or shorelines, provided the floor area does not exceed 200 square feet (18.58 m2), the structure conforms with all land use regulations and where the structure is located more than 50 feet from the nearest adjacent structure, a permit shall not be required under the scoping provisions of the International Wildland-Urban Interface Code.

(d) Oil derricks.

(e) Retaining walls which are four feet (1,219 mm) or less in height measured from the top of the wall to finish grade, unless supporting a surcharge.

(f) Water tanks not utilized for fire protection water supplies which are supported directly on grade, if the capacity is 5,000 gallons (18,925 L) or less and the ratio of height to diameter or width does not exceed two to one.

(g) Sidewalks and driveways that are not part of an accessible route, provided the totally new, replaced, or a total of new plus replaced impervious area is less than 500 square feet.

(h) Decks, associated platforms, and steps accessory to buildings regulated under the IRC, which are not more than 30 inches (762 mm) above adjacent grade at any point within 36 inches of the outer edge of the deck.

(i) Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work; provided, that existing accessible features are not altered.

(j) Replacement of nonstructural siding on IRC structures, except for veneer, stucco, or “exterior finish and insulation systems” (EFIS).

(k) In-kind reroofing of one- and two-family dwellings provided the roof sheathing removed and replaced does not exceed 25 percent in area of the roof plane.

(l) Window replacement for IRC structures in Airport Noise Reduction Area 2 or 3, where no alteration of structural members is required, the window U-Values meet the prescriptive requirements of the Washington State Energy Code, the window glazing is not required to be safety glass, and minimum dimensions and placement of any required egress window is not reduced.

(m) Temporary motion picture, television, and theater stage sets and scenery.

(n) Prefabricated swimming pools accessory to a one- and two-family dwelling or Group R-3 occupancy, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L), and are installed entirely above ground.

(o) Shade cloth structures constructed for garden, nursery, or agricultural purposes and not including service systems, tents not more than 400 square feet in area and open on all sides, inflatable structures not more than 1,500 square feet in area and an occupant load not more than 50.

(p) Swings, slides, and similar playground equipment accessory to a one- or two-family dwelling or Group R-3 occupancy.

(q) Window awnings that are supported by an exterior wall of one- and two-family dwellings, Group R-3 occupancies, or Group U occupancies, that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.

(r) Nonfixed and movable cases, counters, and partitions five feet nine inches (1,753 mm) or less in height.

(s) Satellite earth station antennas six and one-half feet (two meters) or less in diameter or diagonal dimensions in zones other than residential zones.

(t) Satellite earth station antennas three and one-quarter feet (one meter) or less in diameter in residential zones.

(u) Video programming service antennas three and one-quarter feet (one meter) or less in diameter or diagonal dimension, regardless of zone.

(v) Job shacks that are placed at the job site during a construction project, for which a permit has been issued or applied, may be allowed temporarily and shall be removed upon final approval of construction. A job shack is a portable structure for which the primary purpose is to house equipment and supplies and may serve as a temporary office during construction for the construction project.

(w) Electrical transmission towers and telephone poles, hydraulic flood control structures, and other structures under the control of a public utility or public agency located in a public street right-of-way or public easement.

(x) Decking replacement on decks without enlarging, changing, or adding any other structural members, pouring or installing a foundation or pilings, or removing guardrails.

(y) Special event stages and platforms constructed of noncombustible materials and not more than 30 inches above grade, regardless of area.

(2) Electrical.

(a) Portable motors or other portable appliances which are energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle, when that cord or cable is permitted by the National Electrical Code.

(b) Repair or replacement of fixed motors, transformers, or fixed approved appliances or devices rated 50 amps or less and which are like-in-kind and in the same location.

(c) Temporary decorative lighting; when used for a period not to exceed 90 days and removed at the conclusion of the 90-day period.

(d) Repair or replacement of current-carrying parts of any switch, conductor or control device, which are like-in-kind and in the same location.

(e) Repair or replacement of attachment plug(s) and associated receptacle(s) rated 50 amperes or less, which are like-in-kind in the same location.

(f) Repair or replacement of any over current device, which is like-in-kind and in the same location.

(g) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

(h) Removal of electrical wiring.

(i) Telecommunication outlet installations within individual dwelling units.

(j) Listed wireless security systems for which power is supplied by a listed Class 2 plug-in transformer and which are installed within dwelling units.

(k) The installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence, by a public or private utility in the exercise of its function as a serving utility.

(l) Portable generators serving only cord and plug connected loads supplied through receptacles on the generator.

(m) Electrical components and systems in travel trailers, recreation vehicles, and campers, whether capable of being moved or transported under their own power.

(n) Like-in-kind replacement of one or more of the following: contactor, relay, timer, starter, circuit board, or similar control component; household appliance; circuit breaker; fuse; residential luminaire; lamp; snap switch; dimmer; receptacle outlet; thermostat; heating element; luminaire ballast with an exact same ballast; component(s) of electric signs, outline lighting, skeleton neon tubing, when replaced on site by an appropriate electrical contractor and when the sign, outline lighting or skeleton neon tubing electrical system is not modified; 10 horsepower or smaller motor; and induction detection loops that comply with WAC 296-46B-300(2) and are used to control gate access devices.

(o) All wiring for low voltage installations within a one-family dwelling unit or its accessory structure except wired security, fire or smoke alarm systems, provided the power is supplied by a listed Class 2 power supply and none of the wiring penetrates the wall or ceiling between the dwelling unit and an attached garage, or wall separating two dwelling units.

(p) Existing luminaries replaced that do not exceed 50 percent of replacement.

(3) Gas.

(a) Portable heating, cooking or clothes drying appliances.

(b) Replacement of any minor part that does not alter its approval or make it unsafe.

(4) Mechanical.

(a) Portable heating, cooking or clothes drying appliances.

(b) Portable ventilation equipment.

(d) Steam, hot or chilled water piping that is within any heating or cooling equipment regulated by this code.

(e) Replacement of any part which does not alter its approval or make it unsafe.

(f) Portable evaporative coolers.

(g) Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.

(h) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected.

(5) Plumbing.

(a) The stopping and/or repairing of leaks in drains, water, soil, waste or vent pipes; provided, however, that should any concealed trap, drain pipe, water, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

(b) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require replacement or rearrangement of valves, pipes or fixtures.

(c) Reinstallation or replacement of approved prefabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes.

(6) Grading.

(a) Grading that disturbs less than 7,000 square feet of land in an isolated, self-contained area; provided, that there is no danger to the public and such grading will not adversely affect adjoining properties or modify natural drainage patterns, as determined by the building official.

(b) Excavation for construction of a structure permitted under this code.

(d) Refuse disposal sites controlled by other regulations.

(e) Excavations for wells and trenches for utilities.

(f) Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

(g) Exploratory excavations performed under the direction of a registered design professional.

(h) An excavation below existing finished grade for basements and footings of an existing building, retaining wall or other structure, for which the structure is authorized by a valid building permit.

(i) An excavation of less than 50 cubic yards of material, less than two feet in depth and does not create a cut slope of a ratio steeper than two horizontal to one vertical. Exception: Shoreline management areas, critical areas, flood plains, steep slopes, and landslide hazard locations.

(j) A fill of less than 50 cubic yards of material, less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical. Exception: Shoreline management areas, critical areas, flood plains, steep slopes, and landslide hazard locations. [Ord. 824 §§ 36 – 38, 2024; Ord. 792 §§ 10, 11, 2022; Ord. 738 § 12, 2020; Ord. 658 § 1, 2016; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.250 Emergency repairs.

Where equipment replacements and equipment repairs must be performed in an emergency situation, the permit application shall be submitted to the city within the next working business day. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.255 Ordinary repairs.

Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps, or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement, or relocation of, any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.260 Public service agencies.

A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering, or other related equipment, which is under the ownership and control of public service agencies. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.265 Application for permit.

To obtain a permit, the applicant shall first file a complete permit application in writing on a form furnished by the building department for that purpose. Such application is valid for 90 calendar days and shall include:

(1) A description of the work to be covered by the permit for which application is made.

(2) The legal description or tax parcel number, and the street address if available, which will readily identify and definitely locate the proposed building or work.

(3) The property owner’s name, address, and phone number.

(4) The prime contractor’s business name, address, phone number, and current state contractor registration number.

(5) For building projects valued at over $5,000, either:

(a) The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or

(b) The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project.

(6) The use or occupancy for which the proposed work is intended.

(7) Plans, diagrams, computations and specifications and other information as required in BMC 15.05.315, 15.05.320 and 15.05.350 or in other adopted manuals and code, such as Chapter 12.05 BMC and BMC 13.10.020.

(8) Valuation of the proposed work.

(9) Signature of the applicant or the applicant’s authorized agent.

(10) Such other data and information as required by the city.

The information required on the building permit application by subsections (2) through (5) of this section shall be set forth on the building permit document, which is issued to the owner, and on the inspection record card, which shall be posted at the construction site.

If the information required by subsection (5) of this section is not available at the time the application is submitted, the applicant shall so state, and the application shall be processed and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting. However, the applicant shall provide such information as soon as the applicant can reasonably obtain such information. [Ord. 824 § 39, 2024; Ord. 792 § 12, 2022; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.270 Areas of flood hazard.

Areas prone to flooding and designated in areas of flood hazard shall provide application information per Chapter 15.55 BMC. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.275 Action on permit application.

(1) City staff shall examine or cause to be examined applications for permits and amendments thereto, prior to acceptance of the building, plumbing, mechanical, electrical, fire prevention or related permit application. If the application is incomplete or the construction documents or other submittal information lacks sufficient information to demonstrate compliance with applicable codes and standards, the application shall be returned to the applicant stating the reasons therefor. If city staff is satisfied that the application and construction documents are complete and provide sufficient information to proceed with review, the building official shall accept the permit application and collect the appropriate submittal fees.

Notwithstanding the language of this section or any other provision of this code, no building permit shall be issued until all other project permits related to the project action for which the building permit is sought have been approved and issued and all related fees, bonds, and approval conditions have been paid and/or satisfied, including but not limited to: SEPA approvals, subdivisions, building site plans, variances, shoreline permits, and frontage improvement requirements.

(2) Revisions to the submittal documents, not requested by the city, may be accepted by the city; however, the revisions may result in additional fees being assessed. Substantial revisions may require a new permit application to be submitted, as determined by the building official. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.280 Time limitation on permit application.

(1) Permit applications that are received for which no permit is issued within 90 calendar days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed following state law.

(2) Existing and new applications for which no permit has been issued may be canceled for inactivity if an applicant fails to respond to the building official’s written request for revisions, corrections, actions, or additional information within 90 calendar days of the date of request. The building official may extend the response period beyond 90 calendar days, if within the original 90-day time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections, or other information requested by the building official.

(3) The building official may extend the life of an application for an additional 180 calendar days beyond the expiration period established in subsection (1) of this section if any of the following conditions exist:

(a) Compliance with the State Environmental Policy Act is in progress;

(b) Any other city review is in progress, provided the applicant has submitted a complete response to city requests for information or corrections;

(c) The building official determines that unique or unusual circumstances exist that warrant additional time for such response, and the building official determines that the review is proceeding promptly toward the final city decision; or

(d) Litigation against the city or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.

(4) The building official may place a permit application on hold for up to one year if requested to do so in writing by a permit applicant.

(5) Any balance owing for plan review or other review fees shall be paid prior to any approval for an extension of the permit application. [Ord. 824 § 40, 2024; Ord. 790 § 2, 2023; Ord. 738 § 13, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.285 Validity of permit.

(1) The issuance or granting of a permit shall not be construed as a permit for, or approval of, any violation of this chapter, construction codes, or any other Burien ordinance. Stated differently, because the applicant is the information source and knows the project location and details in greater depth and understanding than staff members, a permit based on inaccurate, untruthful, incomplete, or omitted pertinent oral and written information regarding the project renders the permit application and any permit relying on such information voidable or revocable.

(2) Permits presuming to give authority to violate or cancel the provisions of any portion of the construction codes, other Burien ordinances, or any federal, state, or county guideline, law, order, or regulation, including but not limited to environmental, shoreline, landslide, flood plain, critical area, and similar laws shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure when in violation of this code, any other Burien ordinances, or any federal, state, or county guideline, law, order, or regulation. This section shall be applied, implemented, and interpreted consistent with the statutes and court decisions of the state of Washington while giving the greatest possible deference to Burien’s efforts to prevent violations of law, protect public health, safety, welfare, and the environment under its police powers, and to prevent the misrepresentation of project details during the permitting process. [Ord. 824 § 41, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.290 Permit expiration.

(1) Every issued permit shall expire one year from the date of issuance. The building official may approve a request for an extended expiration date when construction work is performed in phases extending beyond the one year period due to the unique size and scope of project work and a construction schedule is provided by the applicant and approved prior to permit issuance.

(2) Where new codes have been adopted or required to be enforced per Chapter 19.27 RCW since the time of permit issuance, the building official is authorized to require construction documents to be updated to current codes and submitted as a permit revision for review and approval by city staff.

(3) Mechanical, plumbing, electrical and other ancillary permits shall expire at the same time as the associated building permit, except that if no associated building permit is issued, the mechanical, plumbing, electrical, and/or other ancillary permit shall expire two years from the date of issuance. [Ord. 824 § 42, 2024; Ord. 738 § 14, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.295 Permit renewals.

Permits may be renewed by the building official in compliance with the terms and conditions of this section.

(1) Permit Renewals. A permit may be renewed for no more than one year; the expiration date shall be from the date of permit renewal in accordance with the following:

(a) A written request demonstrating just cause for renewal shall be received within six months from the original date of expiration prior to the date of permit expiration.

(b) A permit may be renewed one time subject to approval by the building official, if no unauthorized changes have been made to the originally approved plans and the applicant continues to make regular requests for inspections. The fee shall be based on the hourly rate of each remaining number of inspections and an evaluation of $4,000 based upon each inspection, whichever is more. [Ord. 824 § 43, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.300 Permit suspension or revocation.

The building official may suspend or revoke a permit issued under the provisions of this code, whenever the permit is issued in error or based on or in reliance on the information, data, statements, etc., provided by the owner, the contractor (of any tier), or representative of the same that is incorrect, inaccurate, misleading, misrepresented, conflicting, or incomplete information, or when the permit violates or permits a violation of any Burien ordinance, requirement, or regulation, or any federal, state, or county guideline, law, order, or regulation, including but not limited to environmental, shoreline, landslide, flood plain, critical area, and/or similar laws. This section shall be applied, implemented, and interpreted consistent with the statutes and court decisions of the state of Washington. A suspended or revoked permit may not be reinstated, and the issuance of a new permit shall be required to proceed with work at the subject location. [Ord. 824 § 44, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.305 Placement of permit.

The building permit or copy shall be kept on the site of the work until the completion of the project. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.310 Floor and roof design loads.

Repealed by Ord. 824. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.315 Submittal documents.

Submittal documents, consisting of construction documents, statement of special inspection, geotechnical reports, and other data, shall be submitted with each permit application. The construction documents shall be prepared by a registered design professional when required by the state of Washington. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional, if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.320 Construction documents.

(1) Building.

(a) Information on Construction Documents. Construction documents shall be dimensioned and drawn upon material acceptable to the building official. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed in the proper orientation and layout as it is to be constructed and shall show in detail that the work will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. The plans must include the relevant items listed in this section and any other information or documents as determined by the building official.

(b) Manufacturer’s Installation Instructions. Manufacturer’s installation instructions shall be available on the job site at the time of inspection as required by the code official.

(c) Braced Wall Lines. For buildings and structures utilizing braced wall design, braced wall lines shall be identified on the construction documents. All pertinent information, including, but not limited to, bracing methods, location and length of braced wall panels, and foundation requirements of braced wall panels at top and bottom, shall be provided.

(d) Fire Protection System Shop Drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the IBC. Shop drawings shall be prepared by a certified individual as required by the state of Washington.

(e) Means of Egress. In occupancies within the scope of the International Residential Code, the construction documents shall show in sufficient detail the location, construction, size, and character of all portions of the means of egress in compliance with the provisions of the International Residential Code.

(f) In occupancies within the scope of the International Building Code, the construction documents shall show in sufficient detail the location, construction, size, and character of all portions of the means of egress, including the path of the exit discharge to the public way in compliance with the International Building Code. In other than Group R-3 occupancies, the construction documents shall designate the number of occupants to be accommodated on every floor, rooms, and spaces.

(g) The construction documents for Alterations – Level 2, Alterations – Level 3, additions and changes of occupancy shall show in sufficient detail the location, construction, size, and character of all portions of the means of egress in compliance with the provisions of this code. The construction documents shall designate the number of occupants to be accommodated in every work area of every floor and all affected rooms and spaces.

(h) Exterior Wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope sufficiently to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane, and details around openings. The construction documents shall include the manufacturer’s installation instructions, which provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system, which was tested, and where applicable, the test procedure used. In addition to these requirements, multi-unit structures, as defined in RCW 64.55.010, shall comply with the submittal requirements listed in RCW 64.55.020 prior to permit issuance.

Exception: Subject to the approval of the building official, R-3, one- and two-family dwellings, and their accessory structures may be exempted from the detailing requirements of this subsection.

(i) Exterior Balconies and Elevated Walking Surfaces. Where balconies or other elevated walking surfaces associated with IBC structures are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include the manufacturer’s installation instructions.

(j) Site Plan. The construction documents submitted with the permit application shall be accompanied by a site plan, showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finished grades and, as applicable, drainage, on-site sewage systems, flood hazard areas, floodways, and design flood elevations. The site plan shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show the construction to be demolished and the location and size of existing structures and construction to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for a permit is for alteration or repair or when otherwise warranted.

(k) Design Flood Elevations. Where design flood elevations are not specified, they shall be established under IBC Section 1612.3.1 and Chapter 15.55 BMC.

(2) Electrical.

(a) Electrical Plans. Electrical plans for the following installations shall be prepared by, or under the direction of, an electrical engineer registered under Chapter 18.43 RCW and Chapters 392-344, 246-320, and 388-97 WAC. All electrical plans must bear the engineer’s stamp and signature:

(i) All educational facilities, hospitals, and nursing homes;

(ii) All services or feeders rated 1,600 amperes or larger;

(iii) All installations identified in the National Electrical Code as requiring engineering supervision; and

(iv) As required by the building official for installations which by their nature are complex, hazardous, or pose unique design problems.

(b) Construction Documents. Construction documents shall identify the name and classification of the facility and clearly show the electrical installation or alteration in floor plan view, include all switchboard and panelboard schedules, and, when a service or feeder is to be installed or altered, must include a riser diagram, load calculation, fault current calculation, and interrupting rating of equipment.

(c) Penetrations. Construction documents shall indicate where penetrations will be made for electrical systems and shall indicate the materials and methods for maintaining required structural safety, fire-resistance rating, and fireblocking.

(d) Load Calculations. Where an addition or alteration is made to an existing electrical system, an electrical load calculation shall be prepared to determine if the existing electrical service has the capacity to serve the added load.

(e) Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan, showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finished grades. The site plan shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is permitted to waive or modify the requirement for a site plan, where the application for permit is for alteration or repair or where otherwise warranted.

(f) Plan Review Required. Electrical plan review is required for all new or altered electrical projects in the following occupancies and/or installations including but not limited to:

(i) Educational, institutional, or health care facilities/buildings as follows:

(A) Hospitals.

(B) Nursing home units or long-term care units.

(D) Assisted living facilities.

(E) Private alcoholism hospitals.

(F) Alcoholism treatment facilities.

(G) Private psychiatric hospitals.

(H) Maternity homes.

(I) Ambulatory surgery facilities.

(J) Renal hemodialysis clinics.

(K) Residential treatment facilities for psychiatrically impaired children and youth.

(L) Adult residential rehabilitation centers.

(M) Educational facilities.

(N) Institutional facilities.

Exceptions: Electrical plan review is not required for the following types of installations in the above educational, institutional, or health care facilities buildings:

1. Lighting-specific projects that result in an electrical load reduction on each feeder involved in the project.

2. Low voltage systems.

3. Modification to existing electrical installations when all of the following conditions are met:

a. Service or distribution equipment involved is rated less than 100 amperes and does not exceed 250 volts;

b. Does not involve emergency systems other than listed unit equipment per NEC 700.12(F);

c. Does not involve branch circuits or feeders of an essential electrical system as defined in NEC 517.2; and

d. Service and feeder load calculations are increased by five percent or less.

4. Stand-alone utility fed services that do not exceed 250 volts, 100 amperes, where the project’s distribution system does not include:

a. Emergency systems other than listed unit equipment per NEC 700.12(F);

b. Critical branch circuits or feeders as defined in NEC 517.2; or

c. A required fire pump system.

(ii) Installations in occupancies except one- and two-family dwellings where a service or feeder rated 100 amperes or greater is installed or altered or if more than 100 amperes is added to the service or feeder.

(iii) All work on electrical systems operating at/over 600 volts.

(iv) All commercial generator installations or alterations.

(v) All work in areas classified as hazardous locations by the NEC.

(vi) If 60 percent or more of luminaires change.

(vii) Installations of switches or circuit breakers rated 400 amperes or over except for one- and two-family dwellings.

(viii) Wind-driven generators.

(ix) Solar photovoltaic systems.

(x) Any proposed installation which cannot be adequately described in the application form.

(3) Plumbing. Plans, engineering calculations, diagrams, and other data shall be submitted in two sets with each application for a permit. When required by the building official, plans, computations, and specifications are to be prepared by, and the plumbing designed by, an engineer, an architect, or both, who shall be licensed by the state to practice as such. Plans must be submitted for review and approval whenever the scope of the work includes:

(a) New nonresidential or mixed use buildings.

(b) New multifamily projects with three or more dwelling units (except townhomes as defined in the IRC).

(d) Roof drains/overflow systems.

(e) Tenant improvements involving medical gas piping, commercial kitchens, and food service installations.

(f) Oil/water separator or grease interceptor installation.

(g) Sumps for nonresidential use.

(h) All types of laboratories.

(i) Addition of washing machines in multifamily units.

Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for plumbing systems and the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking.

(4) Mechanical. Plans must be submitted for review and approval for all mechanical work. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for mechanical systems and the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking.

Exceptions:

(a) Work in one- and two-family dwellings and IRC townhouses.

(b) The addition or relocation of not more than 15 diffusers connected to existing HVAC equipment provided the work is limited to ducts and diffusers, the building does not have a smoke control system, and ducts do not penetrate a fire rated assembly.

(c) In-kind replacement of indoor or outdoor equipment. [Ord. 824 § 46, 2024; Ord. 792 § 13, 2022; Ord. 738 § 15, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.325 Examination of documents.

The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.330 Use of consultants.

Whenever review of a building permit application requires retention by the city for professional consulting services, the applicant shall reimburse the city the full cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The city may require the applicant to deposit an amount with the city estimated in the discretion of the building official to be sufficient to cover anticipated costs for retaining professional consultant services and to ensure reimbursement of such costs. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.335 Expedited plan review.

At the time of application, an applicant may request that plans be sent to city approved contract consultants, if the applicant believes that such review may expedite the plan review process. The request must be in writing and acknowledge that the applicant agrees to pay the full consultant fee, which is in addition to the normal plan review and building permit fees collected by the city. The city may require the applicant to deposit with the city an amount estimated by the city to be sufficient to cover anticipated costs for the expedited consultant review and to ensure reimbursement of such costs. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.340 Approval of construction documents.

When the building official issues a permit, the construction documents shall be approved in writing or by stamp. One set of construction documents so reviewed shall be retained by the city. The other set shall be returned to the applicant, shall be kept at the site of work, and shall be open to inspection by the building official or a duly authorized representative. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.345 Phased approval.

The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted; provided, that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. The city is authorized to require that a performance bond or other security acceptable to the city be posted with the city in an amount equal to 150 percent of the cost of demolition and removal of the work authorized under a phased approval. The security shall be rescindable or refundable upon issuance of a building permit for the complete building or structure and a request in writing for the refund. It shall be the duty of the applicant to request a refund within 180 days of the permit issuance. Failure to request a refund within the specified time period may result in forfeiture of the full amount. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.350 Design professional in responsible charge.

When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional to act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional to perform the duties required of the original registered design professional. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by Chapter 17 IBC, the statement of special inspections shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also duties specified in Section 1704 of the IBC).

At least one set of documents prepared by a registered design professional shall bear the seal or stamp of the design professional and shall contain the original signature of the design professional.

Exceptions:

(a) Supporting documents such as engineering calculations, geotechnical reports, and specifications need only bear an original stamp and signature on the cover sheet of the supporting documents.

(b) With permission of the building official, a copy of the original stamp and original signature may be accepted on the documents. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.355 Deferred submittals.

For the purposes of this section, “deferred submittals” are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official.

The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge, who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. The city is authorized to charge an additional review fee to evaluate deferred submittals under the provisions of this section. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.360 Amended construction documents.

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. The building official may authorize minor field changes subject to the approval of the field inspector. Where changes to the approved plans alter the size, shape, height, location or orientation on the property, major components of the structural load path, or exiting requirements, a new permit application shall be submitted and applicable fee paid. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.365 Retention of construction documents.

One set of approved construction documents shall be retained by the city for a period of not less than 180 days from date of final inspection approval or permit expiration or as required by state law. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.370 Temporary structures and uses.

(1) General. The building official is authorized to issue a permit for temporary structures and temporary uses that are in accordance with all land use regulations, zoning approvals, and all other applicable laws. Such permits shall not be approved for more than 14 calendar days for tents and similar structures and shall not be permitted for more than 180 days for dissimilar structures. The building official may grant extensions for demonstrated cause and proof of compliance with regulations, zoning approvals, and all other applicable laws.

Exception: The building official may authorize unheated tents and yurts less than 500 square feet accommodating an R-1 occupancy for recreational use as a temporary structure and allow them to be used indefinitely.

(2) Electrical. If the building official finds that the safety of life and property will not be jeopardized, permits may be issued for temporary electrical installations for use during the construction of buildings or for carnivals, conventions, festivals, fairs, the holding of religious services, temporary lighting of streets, or other approved uses. Permission to use such temporary installations shall not be granted for a length of time greater than 90 days, except that a permit for a temporary installation to be used for constructing a building may be issued for the period of construction. Where such temporary lighting is over the street area, the proper authorization for such use of the street must first be obtained.

All such temporary installations shall be made in accordance with the requirements of this code; provided, that the building official may permit deviations which will not permit hazards to life or property; and further provided, that whenever such hazards are deemed by the building official to exist, the building official may at once rescind or cancel the permit covering such installation and disconnect, or order the disconnection of, all energy to such equipment.

(3) Plumbing and Mechanical. The building official is authorized to issue a permit for temporary equipment, systems and uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause.

(4) Utilities. The code official is authorized to give permission to temporarily supply utilities before an installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the code.

(5) Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of this code, as necessary to ensure the public health, safety and welfare.

(6) Termination of Approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. [Ord. 824 § 47, 2024; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.375 Fees.

(1) Payment of Fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be issued until the additional fee, if any, has been paid.

(2) Schedule of Permit Fees. For buildings, grading, demolitions and structures, and for electrical, gas, mechanical, fire protection, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with this code and the fee schedule adopted by resolution of the city council, as now or hereafter amended. In no case shall the building permit fee be less than the city’s hourly inspection fee multiplied by the number of inspections expected to be performed for work authorized by the permit. The city manager is authorized to establish fees for any permit activity not specifically set forth herein.

(3) Plan Review Fees. When submittal documents are required, a plan review fee shall be paid at the time of submitting the documents for plan review. The building official may have the option to charge a deposit in lieu of the full plan review fee, if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan review fee shall be determined upon completion of the plan review, and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and shall be in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee may be charged. Any balance owing for plan review shall be paid prior to any approval for extension of the permit application.

(4) Building Permit Valuations. The permit applicant shall provide an estimated permit value at the time of application. “Permit valuation” or “valuation” shall be as defined in BMC 15.05.020. The final determination of value or valuation under any of the provisions of this code shall be made by the building official. The building valuation data published by the International Code Council in effect as of February of each year shall be used to determine building valuations for the various building types and occupancies noted in the square foot construction costs table and shall be effective in the city the following March 31st. Regional modifiers shall not be applicable. The valuation for exterior decks, platforms, stairs, and porches shall be determined using the valuation in the square foot construction costs table for unfinished basements for Group R-3 occupancies in the building valuation data where the provisions of the IRC apply to the permit. The valuation for exterior decks, platforms, stairs, and porches unrelated to Group R-3 occupancies regulated under the IRC shall be determined using half the square foot construction costs table valuation for the adjacent occupancy in the building valuation data.

When a specific building type or occupancy is not noted in the valuation table, the building official may use any classification types noted in the table that most closely resembles the proposed type of building or independently determine a valuation type. For tenant improvements, remodels, modifications, or similar work, the valuation shall be based on the scope of work and in addition to new construction applicable to a permit. The valuation shall include the cost of all building, mechanical, plumbing, and electrical work. The building official may require a contractor’s bid to justify any submitted valuations. The building official may establish policies for verifying valuations and determining the valuations of alterations and remodels.

When valuations are provided with the permit application and determined by a registered design professional, if the valuation is higher than determined by the method noted in this section, the higher valuation shall apply. If the valuation provided by a registered design professional is lower than determined by the method noted in this section, the higher valuation shall apply.

(5) Work Commencing Before Permit Issuance. Any person who commences any work on a building or structure or grading or any gas, electrical, mechanical, fire protection, or plumbing system before obtaining the necessary permits shall be subject to a stop work order and a special investigation fee in an amount equal to the permit fee. The special investigation fee shall be in addition to the required permit fees and shall be collected whether a permit is then or subsequently issued. Payment of the special investigation fee does not vest the illegal work with any legitimacy nor establish any right to a permit for continued development of that project. If the illegal work remains 60 calendar days or more after the posting of the stop work order, it shall be considered hazardous and subject to abatement at the property owners’ expense.

When it is determined that construction has taken place that requires a permit and construction is at such a stage that structural conformance cannot be visually assured by the building official, if the building official finds it necessary, the owner shall:

(a) Hire a licensed registered design professional to submit a certified report as to the structural integrity of the structure erected and the compliance of the structure with applicable construction codes and regulations along with the building permit application. This document (certification) must state any deficiencies and the acceptable (code) corrective action.

(b) Secure building, electrical, fire, plumbing, and/or mechanical permits.

(d) Substantiate and/or show proof of compliance with all applicable local, state, and federal land use laws.

(e) Obtain a site inspection and a life safety inspection when temporary occupancy approval or use of the building or structure is needed prior to permit issuance and final inspection.

(6) Related Fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

(7) Refunds. The building official may authorize refunding not more than 80 percent of the permit fee paid, when no work has been done under a permit issued in accordance with this chapter. The building official may authorize refunding not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is done. The building official shall not authorize refunding any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. [Ord. 824 § 48, 2024; Ord. 790 § 3, 2023; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.380 Inspections.

The building official is authorized to require construction or work for which a permit is required to be inspected, and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the city shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material as required to allow for inspection. Electrical systems and equipment regulated by the Burien Electrical Code shall not be connected to the energy source until authorized by the building official.

(1) Preliminary Inspections. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

(2) Manufacturer’s Installation Instructions. Manufacturer’s installation instructions, as required by this code, shall be available on the job site at the time of inspection.

(3) Required Inspections. The building official, upon notification, shall make the following inspections:

(a) Temporary Erosion and Sediment Control Inspection. Temporary erosion and sediment control inspections shall be made after all required silt fencing, construction fencing, straw bales, storm drain catch basin inserts (socks), entrance rocking, and other required elements are in place and prior to commencement of construction and/or clearing the site.

(b) Footing and Foundation Inspection. Footing and foundation inspections shall be made after poles or piers are set, trenches or basement areas are excavated, or excavations for footings are complete, any forms erected, and all required hold-down anchor bolts, hold-down straps, and any required reinforcing steel is in place and supported. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment. Foundation inspections shall also include special requirements for wood foundations and for any setbacks required from a property line, building setback line, critical area buffer, and/or the ordinary high-water mark on waterfront properties. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job except that where concrete is ready-mixed in accordance with ASTM C 94, the concrete need not be on the job. Prior to approval of foundation footings for new buildings located in critical areas, as defined by BMC 19.10.085, a civil engineer or a Washington state licensed land surveyor shall place the building corners and give the building official documentation of the building location.

(c) Concrete Slab and Under-Floor Inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, slab insulation, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

(d) Underground Inspections. Underground inspections shall be made after trenches or ditches are excavated and bedded and piping or conductors are installed and before backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks or other rubble that would damage or break the raceway, cable or conductors, or where corrosive action will occur, protection shall be provided in the form of granular or selected material, approved running boards, sleeves, or other means.

Exception: Ground-source heat pump loop systems tested in accordance with IMC Section 1210.10 shall be permitted to be backfilled prior to inspection.

(e) Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612.5 or IRC Section R322 and Chapter 15.55 BMC shall be submitted to the building official. FEMA flood elevation certificates shall contain an original stamp and signature of the surveyor, licensed by the state of Washington, and shall document the elevation of the lowest floor, including basement, and other information required by the flood elevation certificate.

(f) Exterior Wall Sheathing Inspection. Exterior wall sheathing shall be inspected after all wall framing is complete and strapping and nailing is properly installed, but prior to being covered.

(g) Roof Sheathing Inspection. The roof sheathing shall be inspected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved and confirmation that the height of the structure is in conformance with the requirements of the city of Burien zoning code and/or the shoreline master program.

(h) IMC/UPC/Gas/Rough-In Inspection. Rough-in mechanical, gas piping, plumbing, and electrical shall be inspected after the roof, framing, fireblocking and bracing are in place and all components to be concealed are complete and, if required, under test prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection. No connections to primary utilities shall be made until the rough-in work is inspected, tested and approved. Joints and connections in the plumbing system shall be gastight and watertight for the pressures required by the test.

No test or inspection shall be required where a plumbing system, or part thereof, is set up for exhibition purposes and has no connection with a water or drainage system.

The requirements of this section shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or appliances serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure.

(i) Electrical Rough-In Inspection. Rough-in inspection shall be made after the roof, framing, fireblocking and bracing are in place and all wiring and other components to be concealed are complete and prior to covering or concealment, but before fixtures, equipment or appliances are set or installed, and prior to framing inspection. All required equipment grounding conductors installed in concealed cable or flexible conduit systems must be completely installed and made up at the time of the rough-in cover inspection.

(j) Frame Inspection. Framing inspections shall be made after the roof deck, exterior wall sheathing, all framing, fire blocking, and bracing are in place, pipes, chimneys and vents to be concealed are complete, the rough electrical, plumbing, fire suppression piping, heating wires, pipes, and ducts are approved, and the building is substantially dried in.

(k) Flashing and Exterior Weather Barrier Inspection. Flashing and exterior weather barrier inspections shall be made after flashing and weather barrier materials have been installed but prior to any of the work being covered. Subject to the approval of the building official, an approved special inspection agency may be utilized for these inspections during the course of construction. In addition to these requirements, multi-unit structures as defined in RCW 64.55.010 shall comply with the special inspection and documentation requirements of RCW 64.55.020.

(l) Weather-Exposed Balcony and Walking Surface Waterproofing. Where balconies or other elevated walking surfaces associated with IBC structures are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier shall not be concealed until inspected and approved.

Exception: Where special inspections are provided by IBC 1705.1.1, Item 3.

(m) Exterior Finish and Insulation Systems (EFIS), Lath and Gypsum Board Inspection. EFIS, lath and gypsum board inspections shall be made after backing, lathing or gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Interior gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly and is not located in Aircraft Noise Reduction Zone 1 (35 dB).

(n) Fire-Resistance-Rated Construction Inspections. Where fire-resistance-rated construction is required, an inspection of such construction shall be made after lathing or gypsum board or gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished.

Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers, and smoke partitions shall not be concealed from view until inspected and approved.

(o) Energy Efficiency Inspection. In addition to the inspections required in Chapter 51-11 WAC, the following inspections are also required:

(i) Envelope.

(A) Wall Insulation. To be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed.

(B) Glazing. To be made after glazing materials are installed in the building.

(D) Slab/Floor Insulation. To be made after the installation of the slab/floor insulation but before concealment.

(ii) Mechanical.

(A) Mechanical Equipment Efficiency and Economizer. To be made after all equipment and controls required by the construction codes are installed and prior to the concealment of such equipment or controls.

(B) Mechanical Pipe and Duct Insulation. To be made after all pipe, fire suppression piping, and duct insulation is in place but before concealment.

(iii) Lighting and Motors.

(A) Lighting Equipment and Controls. To be made after the installation of all lighting equipment and controls required by the construction codes, but before concealment of the lighting equipment.

(B) Motors. To be made after installation of all equipment covered by the construction codes but before concealment.

(iv) Water Heating Equipment.

(A) Water Heater Efficiency. To be made after the water heater is on-site, but prior to installation and connection to the water system.

(p) Other Inspections. In addition to the specified inspections, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the building department.

(q) Final Inspection. The final inspection shall be made after all work required by the permit is completed. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in IBC Section 1612.5 or IRC Section R322 and Chapter 15.55 BMC shall be submitted to the building official prior to the final inspection.

(r) Erosion and Sediment Control and Surface Drainage Inspection. Erosion and sediment control inspections shall be made after temporary erosion and sediment control has been removed and post-construction pollution prevention measures have been installed. Inspection will include confirmation that all permanent surface drainage protection and stormwater management facilities are complete and/or installed as per approved plans.

(4) Reinspection. The building official may require a structure or portions of work to be reinspected. A reinspection fee shall be permitted to be assessed for each inspection or reinspection, when such portion of work for which inspection is called is not complete; or when required corrections have not been made; or when the approved plans and permit are not on site in a conspicuous or preapproved location; or when the building is not accessible. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

(5) Special Inspections. In addition to the inspections noted above, the building official is authorized to require special inspections for any type of work related to the construction codes by an inspection agency approved by the building official at no cost to the city.

The building official may require special inspection of equipment or wiring methods, when the installation requires special training, equipment, expertise, or knowledge. When such special inspection is required, it shall be performed by an independent third party acceptable to the building official. The special inspection person/agency shall be designated and approved prior to beginning the installation of wiring or equipment. A written report from the designated special inspection agency indicating that the installation conforms to the appropriate codes and standards shall be received by the building official prior to that installation being approved. All costs for such testing and reporting shall be the responsibility of the permit holder.

Multi-unit structures as defined in RCW 64.55.010 shall comply with the special inspection requirements as listed in RCW 64.55.030. Upon completion of an inspection required by RCW 64.55.030, the qualified inspector shall prepare and submit to the appropriate building department a signed letter certifying that the building enclosure has been inspected during the course of construction or rehabilitative construction and that it has been constructed or reconstructed in substantial compliance with the building enclosure design documents, as updated pursuant to RCW 64.55.020. The building department shall not issue a final certificate of occupancy or other equivalent final acceptance until the letter required by this section has been submitted. The building department is not charged with and has no responsibility for determining whether the building enclosure inspection is adequate or appropriate to satisfy the requirements of this chapter.

(6) Inspection Agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the applicable requirements as to qualifications and reliability.

(7) Inspection Requests. It shall be the duty of the holders of the permits or their duly authorized agent to notify the city when work is ready for inspection. It shall be the duty of the permit holders to provide access to and means for inspections of such work that are required by this code.

(8) Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed or notify the permit holder or his or her agent that the same fails to comply with this code. Any portions that do not comply shall be corrected and such portions shall not be covered or concealed until authorized by the building official.

(9) Correction of Violations of Other Codes. Repairs or alterations mandated by any property, housing, or fire safety maintenance code or mandated by any licensing rule or ordinance adopted pursuant to law shall conform only to the requirements of that code, rule, or ordinance and shall not be required to conform to this code unless the code requiring such repair or alteration so provides. [Ord. 824 § 49, 2024; Ord. 790 § 4, 2023; Ord. 792 § 14, 2022; Ord. 738 § 16, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.385 Traffic management systems.

(1) The city building official will perform the electrical inspection and acceptance of traffic management systems within its jurisdiction. A traffic management system includes:

(a) Traffic illumination systems;

(b) Traffic signal systems;

(d) The electrical service cabinet and all related components and equipment installed on the load side of the service cabinet supplying electrical power to the traffic management system; and

(e) Signalization system(s) necessary for the operation of a light rail system. A traffic management system can provide signalization for controlling vehicular traffic, pedestrian traffic, or rolling stock.

(2) The city recognizes that traffic signal conductors, pole and bracket cables, signal displays, traffic signal controllers/cabinets, and associated components used in traffic management systems are acceptable for the purpose of meeting the requirements of Chapter 19.28 RCW, provided they conform with the following standards or are listed on the Washington State Department of Transportation (WSDOT) qualified products list:

(a) WSDOT/APWA Standard Specifications and Plans;

(b) WSDOT Design Manual;

(d) National Electrical Manufacturer’s Association (NEMA);

(e) Federal Standards 170/Controller Cabinets;

(f) Manual for Uniform Road, Bridge, and Municipal Construction;

(g) Institute of Transportation Engineers (ITE); or

(h) Manual of Uniform Traffic Control Devices (MUTCD).

(3) Associated induction detection loop or similar circuits will be accepted by the city without inspection.

(4) For the licensing requirements of Chapter 19.28 RCW, jurisdictions will be considered owners of traffic management systems when doing electrical work for another jurisdiction(s) under a valid interlocal agreement, as permitted by Chapter 39.34 RCW. Interlocal agreements for traffic management systems must be filed with the city prior to work being performed for this provision to apply.

(5) Jurisdictions with an established electrical inspection authority and WSDOT may perform an electrical inspection on their rights-of-way for each other by interlocal agreement. They may not perform an electrical inspection on other rights-of-way except as allowed in Chapter 19.28 or 39.34 RCW.

(6) Underground Installations.

(a) In other than open trenching, raceways will be considered “fished” according to the NEC and do not require visual inspection.

(b) The city will conduct inspections in open trenching within its jurisdiction upon request.

(7) Identification of Traffic Management System Components. Local government jurisdictions or WSDOT may act as the certifying authority for the safety evaluation of all components.

(a) An electrical service cabinet must contain only listed components. The electrical service cabinet enclosure is not required to be listed but will conform to the standards in subsection (8) of this section.

(b) The local government jurisdiction must identify, as acceptable, the controller cabinet or system component(s) with an identification plate. The identification plate must be located inside the cabinet and may be attached with an adhesive.

(8) Conductors of Different Circuits in Same Cable, Enclosure, or Raceway. All traffic management system circuits will be permitted to occupy the same cable, enclosure, or raceway without regard to voltage characteristics, provided all conductors are insulated for the maximum voltage of any conductor in the cable, enclosure, or raceway. [Ord. 738 §§ 17, 18, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.390 Certificate of occupancy.

(1) Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city.

Exception: Work exempt from permits per BMC 15.05.245.

(2) Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building department, the building official shall issue a certificate of occupancy that contains the following information:

(a) The permit number.

(b) The address of the structure.

(d) A description of that portion of the structure for which the certificate is issued.

(e) A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

(f) The name of the building official.

(g) The edition of the code under which the permit was issued.

(h) The use and occupancy.

(i) The type of construction.

(j) The design occupant load.

(k) Whether an automatic sprinkler system is provided and whether the sprinkler system is required.

(l) Any special stipulations and conditions of the building permit.

Exception: (G)roup U occupancies associated with single-family residences approved under the International Building Code may be issued a certificate of completion or a signed off permit inspection card.

Where applicable, a certificate of occupancy shall not be issued until the floor load signs required by BMC 15.05.310 have been installed. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure, or portion thereof, a load greater than is permitted by the International Building Code or International Residential Code.

(3) Temporary or Phased Occupancy. The building official is authorized to issue a temporary or phased certificate of occupancy before the completion of the entire work covered by the permit; provided, that such portion or portions shall be occupied safely. The building official is authorized to require in addition to the completion of life safety building components, the completion of any or all accessibility components prior to issuance of a temporary or phased certificate of occupancy. The building official shall set a period during which the temporary or phased certificate of occupancy is valid. The city is authorized to require that a performance bond or other security acceptable to the city be provided with the city in an amount equal to 150 percent of the value of incomplete work as determined by the design professional. The security shall be rescindable or refundable upon issuance of a final certificate of occupancy for the complete building or structure and a request in writing for the refund. It shall be the duty of the applicant to request a refund within 180 calendar days of the issuance of the certificate of occupancy. Failure to request a refund within the specified time may result in forfeiture of the full amount.

(4) Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or based on incorrect information supplied by the owner or owner’s representatives, or where it is determined that the building or structure or portion thereof violates any ordinance or regulation or any of the provisions of this code. This section shall be applied, implemented, and interpreted consistent with the statutes and court decisions of the state of Washington. [Ord. 824 § 50, 2024; Ord. 738 § 19, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.392 Floor and roof design load.

(1) Live Loads Posted. Where the live load for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.4 kN/m2), such design live load shall be conspicuously posted by the owner or owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

(2) Issuance of Certificate of Occupancy. A certificate of occupancy required by BMC 15.05.390 shall not be issued until the floor load signs required by this section have been installed.

(3) Restrictions on Loading. It shall be unlawful to place, cause, or permit to be placed a load greater than this code permits on any floor or room of a building structure or portion thereof. [Ord. 824 § 51, 2024]

15.05.395 Service utilities.

(1) Connection of Service Utilities. No person shall make connections from a utility or source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until authorized by the building official.

(2) Temporary Connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.

(3) Authority to Order Disconnect Service Utilities. The building official shall have the authority to order disconnection of utility service to the building, structure or system regulated by the construction codes and the referenced codes and standards set forth in this chapter in case of emergency, when necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made without the required approval. The building official shall notify the serving utility, and whenever possible the owner, owner’s authorized agent, and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner, the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

(4) Connection after Order to Disconnect. A person shall not make energy source connections to mechanical, plumbing, or electrical systems regulated by the construction codes, which have been disconnected or ordered to be disconnected by the code official, or the use of which has been ordered to be discontinued by the code official until the code official authorizes the reconnection and use of such systems. Where a system is maintained in violation of the construction code, and in violation of a notice issued pursuant to the provisions of this section, the code official shall institute appropriate action to prevent, restrain, correct or abate the violation. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.400 Appeals.

(1) General. Appeals of final orders, decisions, or determinations made by the building official relative to the application and interpretation of this title and the adopted codes may be appealed by the permit applicant, property owner or his/her agent to the hearing examiner, pursuant to Chapters 2.15 and 2.20 BMC, within 30 calendar days of the issuance of the final order, decision or determination.

(2) Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this title or the rules adopted thereunder have been interpreted incorrectly, the provisions of this title do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive the requirements of this title.

(3) Participation in the Appeal. Only those parties who have appealed the building official’s final order, decision or determination may participate in the appeal in either or both of the following ways:

(a) By submitting written comments or testimony to the hearing examiner prior to commencement of the hearing; or

(b) By appearing in person, or through a representative at the hearing. The hearing examiner may reasonably limit the extent of oral testimony or oral argument to facilitate the orderly and timely conduct of the hearing.

(4) Decision on the Appeal. The hearing examiner shall consider all information and material within the scope of the appeal submitted by persons entitled to participate in the appeal. Based on the hearing examiner’s findings and conclusions, the hearing examiner may affirm, reverse, or modify the order, decision, or determination being appealed. The hearing examiner’s decision on the appeal shall be issued within 90 calendar days from the date the original appeal period closed unless all parties to an appeal have agreed to an extended period. Within four business days after it is issued, the hearing examiner’s decision shall be mailed to the applicant and to each person who has requested notice of the decision. The hearing examiner’s final decision shall be the final decision of the city on the appeal and shall be conclusive unless proceedings for review of the decision are properly commenced in superior court within the period specified by state law.

(5) Judicial Review. Any judicial appeal of the hearing examiner’s decision shall be reviewed in King County superior court pursuant to Chapter 36.70C RCW, the Land Use Petition Act (“LUPA”). The land use petition must be filed within 21 calendar days of the issuance of the hearing examiner’s decision. [Ord. 738 § 20, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.405 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure, property or equipment regulated by this title, or cause the same to be done, in conflict with or in violation of any of the provisions of this title. Signs, tags or seals posted or affixed by the building official shall not be mutilated, destroyed or tampered with or removed without authorization from the building official. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]

15.05.410 Violations – Penalties.

The violation of or failure to comply with any provision of this chapter is declared to be unlawful and subject to enforcement as set forth in Chapter 1.15 BMC. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 561 § 2 (Exh. A), 2012; Ord. 541 § 2 (Exh. A), 2010]

15.05.415 Stop-work order.

(1) Authority. Whenever the building official finds any work being performed in a manner either contrary to the provisions of this code, the construction codes, or other pertinent laws or ordinances that are violated during work authorized by the permit, the building official is authorized to issue a stop-work order. Issuance of a notice of violation, infraction, or notice and order is not a condition precedent to the issuance of the stop-work order.

(2) Issuance. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s authorized agent, or the person doing the work and posted in plain sight on the premises, structure, fixture, or system as applicable. Upon issuance of a stop-work order, the cited work shall immediately cease. The stop-work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.

(3) Effect.

(a) The building official is authorized to assess a special investigation fee for the issuance of a stop-work order when work has started without the issuance of a permit. The special investigation fee shall be determined in accordance with BMC 15.05.375(5), Work Commencing before Permit Issuance.

(b) A stop-work order represents a determination that a code violation has occurred and that any work or activity that is causing or contributing to the violation on the property where the violation has occurred or is occurring must cease.

(c) A stop-work order requires the immediate cessation of the specified work or activity on the named property. Work or activity may not resume unless specifically authorized by the building official or designee.

(d) A stop-work order may be appealed to the city hearing examiner according to the procedures prescribed by BMC 15.05.400, Appeals.

(e) Failure to appeal the stop-work order within the applicable time limits shall render the stop-work order a final determination that a code violation occurred, and that work was properly ordered to cease.

(f) Failure to comply with the terms of a stop-work order is declared to be unlawful and subject to enforcement as provided in BMC 1.15.110. [Ord. 738 § 21, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 561 § 2 (Exh. A), 2012; Ord. 541 § 2 (Exh. A), 2010]

15.05.420 Unsafe structures and equipment.

(1) Conditions. Structures or existing equipment which are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities or inadequate light and ventilation, which constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed an unsafe condition. Additionally, a structure that is not secured against entry, or which has been abandoned for more than one year, or for which the applicant or owner fails to request the required inspection(s) prior to permit expiration or occupancy may be deemed unsafe by the building official.

(2) Evacuation. Where conditions exist that are deemed hazardous to life and property, the building official is authorized to abate summarily such hazardous conditions that violate the codes. The building official shall be authorized to order the immediate evacuation of any unsafe occupied building when such a building has hazardous conditions that present an imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the building official.

(3) Abatement. Where a structure has been deemed unsafe, the building official or designee shall first issue a civil notice of violation as prescribed in BMC 1.15.120. The notice of violation shall include a statement requiring the unsafe structure or equipment to be taken down and removed or made safe, as the building official deems necessary and as provided for in Chapter 15.40 BMC, Burien Building and Property Maintenance Code.

(4) Restoration. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of BMC 15.05.235 and the International Existing Building Code. [Ord. 738 § 22, 2020; Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 561 § 2 (Exh. A), 2012; Ord. 541 § 2 (Exh. A), 2010]

15.05.425 Copies to be available.

(1) A copy of each code adopted by reference in this title shall be authenticated and recorded by the city clerk.

(2) The codes, standards, rules, and regulations adopted by this title are adopted by reference thereto as though fully set forth in this title. Not less than one copy of each such code, standards, rules, and regulations, in the form in which it was adopted and suitably marked to indicate amendments, additions, deletions, and exceptions as provided in this title, shall be filed in the building official’s office and be available for use and examination by the public. [Ord. 638 § 1 (Exh. A), 2016; Ord. 583 § 1 (Exh. A), 2013; Ord. 541 § 2 (Exh. A), 2010]