Chapter 15.04
CITY BUILDING CODE

Sections:

15.04.010    Purpose.

15.04.020    State building code adopted.

15.04.030    Copies of codes available for public inspection.

15.04.040    Code conflicts.

15.04.050    Amendments to International Building Code (IBC).

15.04.060    Amendments to International Residential Code (IRC).

15.04.070    Amendments to International Fire Code (IFC).

15.04.080    Processing of permits.

15.04.090    Landscape site and/or plan review.

15.04.100    Reflective roofing prohibited – Exceptions.

15.04.150    Rodent abatement.

15.04.200    Violation – Penalty.

15.04.010 Purpose.

The purpose of this chapter is to promote the health, safety and welfare of the public as a whole by ensuring that buildings, dwellings, structures and land will be constructed, maintained and used in a manner so as to reduce hazards, increase durability and require consistent patterns of community development; provided, that any duties established in this chapter or the codes adopted in this chapter are duties owed to the public as a whole, not to any individual, persons or class of persons. (Ord. 908 § 1 (Exh. A), 2010)

15.04.020 State building code adopted.

The following codes, together with the specifically identified appendices and the amendments in the Washington Administrative Code (WAC), and as further amended in this title, are hereby adopted by reference:

A. International Building Code, 2021 Edition, including adoption of Appendix E and ICC/ANSI A117.1-2017, the 2021 International Existing Building Code, and the International Swimming Pool and Spa Code, with statewide amendments at Chapter 51-50 WAC;

B. International Residential Code, 2021 Edition, including adoption of Appendices F, Q, and U, and excluding Chapter 11 and Chapters 25 through 43, with statewide amendments at Chapter 51-51 WAC;

C. International Mechanical Code, 2021 Edition, including adoption of the 2021 International Fuel Gas Code, 2021 National Fire Protection Association (NFPA) 58 and 2020 NFPA 54, with statewide amendments at Chapter 51-52 WAC;

D. International Fire Code, 2021 Edition, with statewide amendments at Chapter 52-54A WAC;

E. Uniform Plumbing Code, 2021 Edition, including Appendices A, B, I, and M, with statewide amendments at Chapter 51-56 WAC;

F. Washington State Energy Code, 2021 Edition, with statewide amendments at Chapter 51-11 WAC;

G. National Electrical Code (NFPA 70); and

H. 1997 Uniform Code for the Abatement of Dangerous Buildings as published by ICBO. (Ord. 998 § 1, 2023; Ord. 979 § 1, 2021; Ord. 945 § 1, 2016; Ord. 924 § 1, 2013; Ord. 908 § 1 (Exh. A), 2010)

15.04.030 Copies of codes available for public inspection.

The codes, appendices and standards set forth in this chapter shall be filed with the city clerk and a copy made available for use and examination by the public pursuant to RCW 35A.12.140. (Ord. 908 § 1 (Exh. A), 2010)

15.04.040 Code conflicts.

In cases of conflict among the codes enumerated in CHMC 15.04.020(A), (B), (C), and (D), the first named code shall govern over those following. (Ord. 908 § 1 (Exh. A), 2010)

15.04.050 Amendments to International Building Code (IBC).

All requirements of the IBC shall be followed unless otherwise amended in this section.

A. Section 105.1 IBC Amended (Storm Drainage Required). Section 105.1 of the International Building Code is hereby amended by adding the following:

Except as specified within this code, no building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. All storm drainage systems (both on-site and off-site) shall be encompassed within the building permit and designed according to the requirements of the Clyde Hill Municipal Code.

B. Section 105.2 IBC Amended (Work Exempt from Permit). Section 105.2 of the International Building Code is hereby amended to read as follows:

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet and meets the accessory structure regulations of the Clyde Hill Municipal Code.

2. Fences not over 6 feet high. This exemption shall not apply to structures designed or used for sound attenuation purposes.

3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

4. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.

5.  Temporary motion picture, television and theater stage sets and scenery limited to thirty (30) days.

6. Swings and other playground equipment accessory to single family dwellings, not affecting the structural coverage allowance of the lot and meets the accessory structure regulations of the Clyde Hill Municipal Code.

7. Painting, papering, tiling, cabinets, counter tops, carpeting and other similar finish work for which inspection to verify code compliance is not required unless these items are part of a larger project that requires a building permit.

8. Pre-fabricated swimming pools located above grade that contain water not over 24 inches in depth.

9. Non-fixed and moveable cases, racks, counters and partitions not over five feet, nine inches (5'9") in height, unless these items are part of a larger project that requires a building permit.

C. Section 105.5 IBC Amended (Expiration and Permit Renewal). Section 105.5 of the International Building Code is hereby amended to read as follows:

1. It shall be a violation of this code subject to the general penalties in

Chapter 1.08 for any person issued a permit to fail to complete the work authorized by permit prior to permit expiration. Every permit issued by the city shall expire and become invalid one year from the date of issuance, except that permits issued for school and church projects valued in excess of $2 million dollars shall expire and become invalid two years from the date of issuance. A permit must be renewed for any work to continue beyond the permit’s term. No work shall be allowed without a valid permit. Renewal of permits shall be as follows:

a. One year from the date of building permit issuance the exterior of the building or structure shall be completely finished according to the permit documents, except that in accordance with this subsection, for school and church projects valued in excess of $2 million dollars, the exterior of the building or structure shall be completely finished according to the permit documents two years from the date of building permit issuance. The site shall have stabilized erosion control, be cleaned of debris, materials and equipment and other construction associated items. Should the exterior of the building or structure and the site not be completed as required at the end of the one-year or, if applicable, two-year building permit term, the permit shall be renewed by the applicant at a fee based upon the building official’s determination of the remaining work yet to be performed under the initial building permit and any additional required review and inspection. As a penalty, the fee shall not be less than 40% of the initial building permit fee. Permits that have expired will be subject to compliance with any new or revised state and local requirements that are valid at the time of renewal, including any fee changes.

b. To renew a building permit that has not yet expired but the exterior of the building and site is completed as required, the applicant shall pay a permit fee based upon the building official’s determination of the remaining work yet to be performed under the initial building permit. The fee shall not be less than 25% of the initial building permit fee.

c. To renew a building permit that has expired and the exterior of the building and site is completed as required, the applicant shall obtain a new building permit and pay a permit fee based upon the building official’s determination of the remaining work yet to be performed under the initial building permit. As a penalty, the fee shall not be less than 40% of the initial building permit fee. Permits that have expired will be subject to compliance with any new or revised state and local requirements that are valid at the time of renewal, including any fee changes.

2. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

3. To renew a city-issued permit other than a building permit (e.g. mechanical, drainage), a new application shall be made subject to compliance with any new or revised state and local requirements that are valid at the time of renewal, including any fee changes.

4. Notwithstanding any other provision of this section, in the event of a declared federal, state or local emergency which prevents or restricts a permittee from timely completing permitted construction, the City Administrator or Designee may, upon evidence determined sufficient in the discretion of the Administrator or Designee that the need for extension of a permit is the result of the declared emergency, extend a permit up to six (6) months without additional fee or penalty. The duration of the extension shall be consistent with the time of delay in construction caused by the emergency. The permittee requesting an extension under this paragraph shall submit a written request with justification related to the declared emergency to the Administrator.

D.  Section 107.1.1 IBC New (Pre-Application Conference). Section 107.1.1 of the International Building Code is hereby added to read as follows:

A pre-application conference, as defined in Section 19.02.001 CHMC, shall be required for all new homes, substantial remodels, any additions, decks or other projects that have a value over $50,000. Pre-application conferences may be requested by a property owner or their agent for any potential project or if the building official or public works director requires that a conference take place. The purpose of a pre-application conference is to help facilitate the review process through discussion and clarification of the code requirements and information or documentation required for a complete application. A fee for this conference will be set by council resolution and established to provide an incentive for a pre-application meeting.

E. Section 107.2.1 IBC Amended (Submittal Documents). Section 107.2.1 of the International Building Code is hereby amended to read as follows:

Information on construction documents.

Construction documents shall be drawn upon architectural standard. All construction documents required to be prepared by a registered architect or registered professional engineer pursuant to Chapters 18.08 and 18.43 RCW shall be signed and stamped or sealed on each individual page containing a building construction drawing, or revision thereto. All documents shall be assembled in proper order and stapled together appropriately. Plans and drawings shall be no larger than 48" wide and 36" tall unless otherwise allowed by 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 and show in detail that the proposed project will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Where required by the building official, all braced wall lines, shall be identified on the construction documents and all pertinent information including, but not limited to, bracing methods, location and length of braced wall panels, foundation requirements of braced wall panels, foundation requirements of braced wall panels at top and bottom shall be provided.

F. Section 109.3 IBC Amended (Building Permit Valuation). Section 109.3 of the International Building Code is hereby amended to read as follows:

The city council shall set plan review fees, permit fees and costs for inspections or additional plan review by resolution.

The Building Official shall make the determination of value or valuation under any of the provisions of this Code. The value to be used in computing the building permit and building plan review fees shall be the total estimated current value of all labor, materials, contractor’s overhead and profit, whether paid for or not, for the construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, on-site storm drainage systems and improvements and any other permanent equipment.

For the purposes of obtaining a plan review and setting the initial review fee, the applicant shall provide an estimate of the project’s valuation on their application. If in the opinion of the building official the estimated valuation is not accurate, the building official shall adjust the valuation and any review fee difference shall be paid by or

to the applicant prior to issuance of the permit. A project’s final valuation shall be set by the building official, who shall develop, keep current and base their computations on a Current Valuation Table.

G. Section 109.4 IBC Amended (Work Commencing before Permit Issuance). Section 109.4 of the International Building Code is hereby amended as follows:

Any person who commences work requiring a permit on a building, structure, electrical, gas or plumbing system before obtaining the necessary permits shall be subject to a special investigation and administration fee equal to the amount of the building permit fee required by this code. This fee is in addition to all other fees that may apply to the project and is required to be paid before the issuance of any permit. The investigation fee shall be collected whether or not a permit is then or subsequently issued. The payment of an investigative fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

H. Section 109.7 IBC Added (Consultant Fees). Section 109.7 of the International Building Code is hereby added as follows:

The building official may require the retention of professional consulting services during permit review or inspection of any portion of a building, mechanical or storm drainage permit. Whenever review of a building permit application requires retention by the city for professional consulting services, the applicant shall reimburse the city the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The building official may require the applicant to deposit a cash bond with the city of a sufficient amount to cover anticipated costs to retaining professional consultant services and ensure reimbursement for such costs. The deposit amount will be determined by the building official. Any interest earned by the cash bond shall be retained by the City to reimburse for costs associated with establishing and administering the cash bond.

I. Section 110.3.8 IBC Amended (Other Inspections). Section 110.3.8 of the International Building Code is hereby amended as follows:

In addition to inspections as required by this code including regular inspections by the building official, special inspections and structural observations, 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 city.

In addition to regular code-specified inspections, special inspections and structural observations, the building official may require visual observation and testing of structural systems, mechanical systems, plumbing systems and energy systems to confirm compliance with approved construction documents. These inspection requirements apply to all projects with 4,000 square feet or greater of additional floor area, or as the building official may find necessary. When required, visual observations and testing are to be performed or overseen by a registered design professional approved by the building official. All costs for inspections are the responsibility of the permit holder.

J. Section 110.3.10 IBC Amended (Final Inspection). Section 110.3.10 of the International Building Code is hereby amended as follows:

The final inspection shall be made after all work required by the building permit is completed. If more than 60 days has elapsed since the expiration of the permit, an additional inspection fee, as established by resolution of the city council, shall be charged.

K. Section 110.7 IBC Added (Re-Inspection and Fees). Section 110.7 of the International Building Code is hereby added as follows:

The building official may require a structure or portions of work to be re-inspected. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which the inspection was requested is not complete; or when previous corrections called for are not made; or when duplicate inspections for the same work are requested which result in additional time or resources expended; or when the approved plans and permit are not on site in a conspicuous or pre-approved location; or when the building is not accessible. In instances where re-inspection fees have been assessed, no additional inspection of the work shall be provided by the city until the required fees are paid. The city council shall set re-inspection fees by resolution.

L. Section 111.2.1 IBC Added (All Work Completed – Fees Paid). Section 111.2.1 of the International Building Code is hereby added as follows:

When a series of related permits such as grading, drainage, fire sprinkler, swimming pool, fencing or other accessory buildings are issued in conjunction with a building permit for the renovation, reconstruction or new construction of a residence, the certificate of occupancy for the residence shall not be issued until all regulated work under all related permits has been completed, inspected and approved and all fees or charges have been paid.

M. Section 111.3 IBC Amended (Temporary Certificate of Occupancy). Section 111.3 of the International Building Code is hereby amended as follows:

The building official is authorized, but is not required to issue a temporary certificate of occupancy before completion of the entire work covered by the permits issued, provided that such portion or portions shall be occupied safely. A temporary certificate of occupancy may only be issued in association with a valid building permit. The building official is authorized to make any or all safety or accessibility requirements a condition of the temporary occupancy. The building official shall set a time period during which the temporary occupancy is valid but shall not exceed ninety (90) days from the date of issuance.

A cash bond shall be required in the amount of one-half (1/2) of the permit fee, or $10,000, whichever amount is the lesser, to guarantee completion of any required work. Any interest income from this bond shall be retained by the City to reimburse for costs associated with establishing and administering the cash bond. Administration fees for costs incurred by the city to process a temporary certificate of occupancy will be assessed.

N. Section 113 IBC Amended (Board of Appeals). Section 113 of the International Building Code is hereby amended to read as follows:

113.1 General. Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the provisions of this Code shall be directed to the hearing examiner of the City of Clyde Hill, and the decisions of such hearing examiner shall be final in all respects. Decisions and findings of said hearing examiner in respect to matters pertaining to this Code shall be in writing, with copies to the Building Official and the appellant. The Building Official shall attend all meetings of said hearing examiner at which appeals under this section are scheduled for hearing. The hearing examiner shall adopt reasonable rules and regulations for conducting its investigations and processing of appeals under this section.

113.2 Limitations on Authority. Applications for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the hearing examiner be empowered to waive requirements of either this code or the technical codes which are the codes, appendices and referenced code standards adopted by the city.

(Ord. 974 § 1, 2020; Ord. 973 § 1, 2020; Ord. 959 § 5, 2018; Ord. 945 § 2, 2016; Ord. 923 § 1, 2013; Ord. 918 § 1, 2012; Ord. 914 § 1, 2011; Ord. 908 § 1 (Exh. A), 2010)

15.04.060 Amendments to International Residential Code (IRC).

All requirements of the IRC shall be followed unless otherwise amended in this section.

A. Section R105.1.1 IRC New (Storm Drainage Required). Section R105.1.1 of the International Residential Code is hereby added to read as follows:

Except as specified within this code, no building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. All storm drainage systems (both on-site and off-site) shall be encompassed within the building permit and designed according to the requirements of the Clyde Hill Municipal Code.

B. Section R105.2 IRC Amended (Work Exempt from Permit). Section R105.2 of the International Residential Code is hereby amended to read as follows:

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet and meets the accessory structure regulations of the Clyde Hill Municipal Code.

2. Fences not over 6 feet high. This exemption shall not apply to structures designed or used for sound attenuation purposes.

3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

4. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.

5. Temporary motion picture, television and theater stage sets and scenery limited to thirty (30) days.

6. Swings and other playground equipment accessory to single family dwellings, not affecting the structural coverage allowance of the lot and meets the accessory structure regulations of the Clyde Hill Municipal Code.

7. Painting, papering, tiling, cabinets, counter tops, carpeting and other similar finish work for which inspection to verify code compliance is not required unless these items are part of a larger project that requires a building permit.

8. Pre-fabricated swimming pools located above grade that contain water not over 24 inches in depth.

9. Non-fixed and moveable cases, racks, counters and partitions not over five feet, nine inches (5'9") in height, unless these items are part of a larger project that requires a building permit.

C. Section 105.5 IRC Amended (Expiration and Permit Renewal). Section R105.5 of the International Residential Code is hereby amended to read as follows:

1. It shall be a violation of this code subject to the general penalties in Chapter 1.08 for any person issued a permit to fail to complete the work authorized by permit prior to permit expiration. Every permit issued by the city shall expire and become invalid one year from the date of issuance. A permit must be renewed for any work to continue beyond the permit’s term. No work shall be allowed without a valid permit. Renewal of permits shall be as follows:

a. One year from the date of building permit issuance the exterior of the building or structure shall be completely finished according to the permit documents. The site shall have stabilized erosion control, be cleaned of debris, materials and equipment and other construction associated items. Should the exterior of the building or structure and the site not be completed as required at the end of the one-year building permit term, the permit shall be renewed by the applicant at a fee based upon the building official’s determination of the remaining work yet to be performed under the initial building permit and any additional required review and inspection. As a penalty, the fee shall not be less than 40% of the initial building permit fee. Permits that have expired will be subject to compliance with any new or revised state and local requirements that are valid at the time of renewal, including any fee changes.

b. To renew a building permit that has not yet expired but the exterior of the building and site is completed as required, the applicant shall pay a permit fee based upon the building official’s determination of the remaining work yet to be performed under the initial building permit. The fee shall not be less than 25% of the initial building permit fee.

c. To renew a building permit that has expired and the exterior of the building and site is completed as required, the applicant shall obtain a new building permit and pay a permit fee based upon the building official’s determination of the remaining work yet to be performed under the initial building permit. As a penalty, the fee shall not be less than 40% of the initial building permit fee. Permits that have expired will be subject to compliance with any new or revised state and local requirements that are valid at the time of renewal, including any fee changes.

d. Where a building has been destroyed or damaged beyond repair by fire, extreme weather, or other natural disaster prior to the issuance of a certificate of occupancy by the City, and the applicant applies to rebuild on the same site utilizing the identical building plans previously approved by the City for the building permit issued for the destroyed building, the applicant may obtain a new building permit within ninety (90) days of the date of event of destruction or damage by application for a building permit and paying a permit fee based upon the building official’s determination of the value of work to be performed per subsection F. of this section.

2. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

3. To renew a city-issued permit other than a building permit (e.g. mechanical, drainage), a new application shall be made subject to compliance with any new or revised state and local requirements that are valid at the time of renewal, including any fee changes.

4. Notwithstanding any other provision of this section, in the event of a declared federal, state or local emergency which prevents or restricts a permittee from timely completing permitted construction, the City Administrator or Designee may, upon evidence determined sufficient in the discretion of the Administrator or Designee that the need for extension of a permit is the result of the declared emergency, extend a permit up to six (6) months without additional fee or penalty. The duration of the extension shall be consistent with the time of delay in construction caused by the emergency. The permittee requesting an extension under this paragraph shall submit a written request with justification related to the declared emergency to the Administrator.

D. Section R106.1.1 IRC Amended (Submittal Documents). Section R106.1.1 of the International Residential Code is hereby amended to read as follows:

Information on construction documents.

Construction documents shall be drawn upon architectural standard. All construction documents required to be prepared by a registered architect or registered professional engineer pursuant to Chapters 18.08 and 18.43 RCW shall be signed and stamped or sealed on each individual page containing a building construction drawing, or revision thereto. All documents shall be assembled in proper order and stapled together appropriately. Plans and drawings shall be no larger than 48" wide and 36" tall unless otherwise allowed by 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 and show in detail that the proposed project will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Where required by the building official, all braced wall lines, shall be identified on the construction documents and all pertinent information including, but not limited to, bracing methods, location and length of braced wall panels, foundation requirements of braced wall panels, foundation requirements of braced wall panels at top and bottom shall be provided.

E. Section R106.1.1.1 IRC New (Pre-Application Conference). Section R106.1.1.1 of the International Residential Code is hereby added to read as follows:

A pre-application conference, as defined in Section 19.02.001 CHMC, shall be required for all new homes, substantial remodels, any additions, decks or other projects that have a value over $50,000. Pre-application conferences may be requested by a property owner or their agent for any potential project or if the building official or public works director requires that a conference take place. The purpose of a pre-application conference is to help facilitate the review process through discussion and clarification of the code requirements and information or documentation required for a complete application. A fee for this conference will be set by council resolution and established to provide an incentive for a pre-application meeting.

F. Section R108.3 IRC Amended (Building Permit Valuation). Section R108.3 of the International Residential Code is hereby amended to read as follows:

The city council shall set plan review fees, permit fees and costs for inspections or additional plan review by resolution.

The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total estimated current value of all labor, materials, contractor’s overhead and profit, whether paid for or not, for the construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, on-site storm drainage systems and improvements and any other permanent equipment.

For the purposes of obtaining a plan review and setting the initial review fee, the applicant shall provide an estimate of the project’s valuation on their application. If in the opinion of the building official the estimated valuation is not accurate, the building official shall adjust the valuation and any review fee difference shall be paid by or to the applicant prior to issuance of the permit. A project’s final valuation shall be set by the building official, who shall develop, keep current and base their computations on a Current Valuation Table.

G. Section R108.6 IRC Amended (Work Commencing before Permit Issuance). Section R108.6 of the International Residential Code is hereby amended as follows:

Any person who commences work requiring a permit on a building, structure, electrical, gas or plumbing system before obtaining the necessary permits shall be subject to a special investigation and administration fee equal to the amount of the building permit fee required by this code. This fee is in addition to all other fees that may apply to the project and is required to be paid before the issuance of any permit. The investigation fee shall be collected whether or not a permit is then or subsequently issued. The payment of an investigative fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

H. Section R108.7 IRC Added (Consultant Fees). Section R108.7 of the International Residential Code is hereby added as follows:

The building official may require the retention of professional consulting services during permit review or inspection of any portion of a building, mechanical or storm drainage permit. Whenever review of a building permit application requires retention by the city for professional consulting services, the applicant shall reimburse the city the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The building official may require the applicant to deposit a cash bond with the city of a sufficient amount to cover anticipated costs to retaining professional consultant services and ensure reimbursement for such costs. The deposit amount will be determined by the building official. Any interest earned by the cash bond will be used as a fee by the city to set up and administration.

I. Section R109.1.5 IRC Amended (Other Inspections). Section R109.1.5 of the International Residential Code is hereby amended as follows:

In addition to inspections as required by this code including regular inspections by the building official, special inspections and structural observations; 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 City of Clyde Hill.

In addition to regular code specified City of Clyde Hill inspections, special inspections and structural observations; structural systems, mechanical systems, plumbing systems, and energy systems may be required to have visual observation and testing to confirm compliance with approved construction documents. These inspection requirements apply to all projects with 4,000 square feet or greater of additional floor area, or as the building official may find necessary. When required, visual observations and testing are to be performed or overseen by a registered design professional approved by the building official. All costs for inspections are the responsibility of the permit holder.

J. Section R109.1.6 IRC Amended (Final Inspection). Section R109.1.6 of the International Residential Code is hereby amended as follows:

The final inspection shall be made after all work required by the building permit is completed. If more than 30 days has elapsed since the expiration of the permit, an additional inspection fee, as established by resolution of the city council, shall be charged.

K. Section R119.1.7 IRC Added (Re-Inspection and Fees). Section R109.1.7 of the International Residential Code is hereby added as follows:

The building official may require a structure or portions of work to be re-inspected. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which the inspection was requested is not complete; or when previous corrections called for are not made; or when duplicate inspections for the same work are requested which result in additional time or resources expended; or when the approved plans and permit are not on site in a conspicuous or pre-approved location; or when the building is not accessible. In instances where re-inspection fees have been assessed, no additional inspection of the work shall be provided by the city until the required fees are paid. The city council shall set re-inspection fees by resolution.

L. Section R110.1.1 IRC Added (All Work Completed – Fees Paid). Section R110.1.1 of the International Residential Code is hereby added as follows:

When a series of related permits such as grading, drainage, fire sprinkler, swimming pool, fencing or other accessory buildings are issued in conjunction with a building permit for the renovation, reconstruction or new construction of a residence, the certificate of occupancy for the residence shall not be issued until all regulated work under all related permits has been completed, inspected and approved and all fees or charges have been paid.

M. Section R110.4 IRC Amended (Temporary Certificate of Occupancy). Section R110.4 of the International Residential Code is hereby amended as follows:

The building official is authorized, but is not required to issue a temporary certificate of occupancy before completion of the entire work covered by the permits issued, provided that such portion or portions shall be occupied safely. A temporary certificate of occupancy may only be issued in association with a valid building permit. The building official is authorized to make any or all safety or accessibility requirements a condition of the temporary occupancy. The building official shall set a time period during which the temporary occupancy is valid but shall not exceed ninety (90) days from the date of issuance.

A cash bond shall be required in the amount of one-half (1/2) of the permit fee, or $10,000, whichever amount is the lesser, to guarantee completion of any required work. Any interest income from this bond shall be retained by the City to reimburse for costs associated with establishing and administering the cash bond. Administration fees for costs incurred by the city to process a temporary certificate of occupancy will be assessed.

N. Section R112 IRC Amended (Board of Appeals). Section R112 of the International Residential Code is hereby amended to read as follows:

112.1 General. Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the provisions of this Code shall be directed to the Hearing Examiner of the City of Clyde Hill, and the decisions of such Hearing Examiner shall be final in all respects. Decisions and findings of said Hearing Examiner in respect to matters pertaining to this Code shall be in writing, with copies to the Building Official and the appellant. The Building Official shall attend all meetings of said Hearing Examiner at which appeals under this section are scheduled for hearing. The Hearing Examiner shall adopt reasonable rules and regulations for conducting its investigations and processing of appeals under this section.

112.2 Limitations on Authority. Applications for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the hearing examiner be empowered to waive requirements of either this code or the technical codes which are the codes, appendices and referenced code standards adopted by the city.

(Ord. 974 § 2, 2020; Ord. 973 § 2, 2020; Ord. 945 § 3, 2016; Ord. 923 § 2, 2013; Ord. 922 § 1, 2012; Ord. 914 § 2, 2011; Ord. 908 § 1 (Exh. A), 2010)

15.04.070 Amendments to International Fire Code (IFC).

All requirements of the IFC shall be followed unless otherwise amended in this section.

A. Section 103.2 and 103.3 IFC Amended (Department of Fire Prevention). Section 103.2 and 103.3 of the International Fire Code is hereby amended to read as follows:

All references to “chief” or “fire code official” within this chapter and within the International Fire Code shall refer to the City’s building official, who has the authority to delegate these responsibilities to the Chief of the Bellevue Fire Department or to such members of the Bellevue Fire Department to whom the Chief may designate.

B. Section 105.1.1 IFC Amended (Permits Required – Fees). Section 105.1.1 of the International Fire Code is hereby amended to read as follows:

Permits required by this code shall be obtained from the city building department in conjunction with the fire code official. The applicant shall submit plans and data to the fire code official for review and determination of compliance with this code for a new home, a substantial remodel or any other type of project deemed necessary by the building official that requires review and compliance with this code. The submittal shall contain sufficient data as the fire code official shall require to make a determination of compliance with this code.

When the fire code official has determined a proposed project meets the requirements of this Code or finds that the proposed project is acceptable under the code subject to stipulated conditions, they shall approve two sets of plans. The approved plan sets shall be incorporated into the approved set of building permit documents together with all conditions and inspection requirements noted or required by code.

Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official.

The city council shall establish review, permit and inspection fees by resolution. These fees shall be determined according to the same process as is used in determining building permit fees.

C. Section 107.3 of the International Fire Code is hereby amended to read as follows:

A record of periodic inspections, test, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official and a copy of the records shall be provided to the fire code official upon request.

The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official.

Point of information

Effective January 1, 2017 all confidence test reports must be filed with the Compliance Engine (www.thecomplianceengine.com)

D. Section 503 of the International Fire Code is hereby amended to read as follows:

503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Chapter 12.04 of the City of Clyde Hill Municipal Code. Road structure shall be designed for a live load sufficient to carry the imposed loads of fire apparatus.

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exception: The fire code official is authorized to increase the distance up to 200 feet where:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the International Fire Code.

2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an alternate means of fire protection and building or structure access is provided as approved by the fire code official.

3. There are not more than two Group R-3 occupancies.

503.1.2 The fire code official is authorized to require more than one fire apparatus road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

503.1.3 High-piled storage. Fire department vehicle access to buildings used for high-piled storage shall comply with the applicable provisions of Chapter 23, International Fire Code.

503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with this Section, and in accordance within the City of Clyde Hill Municipal Code.

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders. The minimum vertical clearance shall be not less than 13 feet 6 inches.

Exceptions:

1. New access roads serving not more than two Group R-3 or U occupancies shall have an unobstructed width of not less than 16 feet.

2. Public streets shall be designed in accordance with the City of Clyde Hill Municipal Code.

503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations.

The fire code official shall have the authority to allow a decrease in the minimum access widths where due to technical circumstances they are determined adequate for fire rescue operations.

503.2.3 Surface. Fire apparatus roads shall be surfaced and maintained to provide all weather and non-slip driving capabilities. Surface materials shall be asphalt, concrete or other material approved by the fire code official and City of Clyde Hill Engineer.

503.2.4 Turning radius. The turning radius of a fire apparatus access road shall be 28 feet minimum inside curb and 48 feet minimum outside curb.

503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an area for turning around fire apparatus as approved by the fire code official and building official, and shall be in accordance with City of Clyde Hill Municipal Code Title 16.

Exception: The fire code official is authorized to increase the length up to 300 feet for driveways serving only one Group R-3 Occupancy.

503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus road, the bridge shall be constructed and maintained in accordance with the City of Clyde Hill Municipal Code Title and the State of Washington Building Code. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits are to be posted at all entrances to bridges when required by the fire code official. Posted signs are to be in accordance with City of Clyde Hill Municipal Code. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official.

503.2.7 Grade. The grade of the fire apparatus access road, including private and public roads and driveways shall be in accordance with the City of Clyde Hill Municipal Code and the following:

1. The grade of access for non-automatic sprinklered properties shall not exceed 12 percent longitudinally, and 5 percent laterally.

2. The grade of access for automatic sprinklered properties shall not exceed 15 percent longitudinally, and 5 percent laterally.

3. All grades of access in excess of 15 percent longitudinally require fire code official approval. Grades in excess of 5 percent laterally are not permitted.

4. Grades of fire apparatus access roads for all properties which are in excess of 15 percent longitudinally shall have additional fire department access improvements installed and maintained as approved by the fire code official or building official including all-weather walking surfaces, lighting and handrails constructed in accordance with the International Building Code as adopted by the State of Washington.

503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be in accordance with the City of Clyde Hill Municipal Code, and within the limits established by the fire code official based upon the fire department’s apparatus.

503.3 Marking. Where required by the fire code official fire apparatus access roads shall be marked as follows:

1. FIRE LANE - NO PARKING Signs shall be mounted a minimum of 60 inches above grade (80 inches if adjacent to a pedestrian pathway). Signs must be type “R8-31” or equivalent reflective sign no less than 12 inches x 18 inches in size, with a white background and the wording “No Parking Fire Lane” in red letters. When in a straight line of sight, these signs shall be no further than 150 feet apart. This distance may be reduced when curves, corners or other adverse sighting conditions restrict the line of sight.

2. Designated fire department access roads (“Fire Lanes”) shall be painted red. This shall include both vertical and horizontal portions of the curb. Minimum 3 inch white lettering which shall read: NO PARKING - FIRE LANE, shall be placed every 50 feet or portion thereof on the vertical portion of the curb. The entire curb length shall be painted. If there are rolled curbs or no curbs, stenciling shall be placed on pavement.

Exception: Variations to Fire Lane markings may be approved when in the opinion of the fire code official the proposed signage and markings achieve the same outcome. The fire chief retains the right to revoke variations for cause.

3. Fire apparatus access road markings shall be maintained.

International Fire Code Section 503.4 amended – Entrances:

503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. The minimum width and clearances shall be maintained.

503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200.

503.5.1 Security gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official.

Exception. The restriction on use shall not apply to public officers acting within the scope of duty.

503.6 Security gates, Bollards or other Obstructions. The installation of security gates, bollards or other obstructions across a fire apparatus access road shall be reviewed and approved by the fire code official and must comply with Appendix D103.5. The use of directional-limiting devices (tire spikes) is prohibited. Where security gates, bollards or other obstructions are installed, they shall have an approved means of emergency operation. The security gates, bollards or other obstruction and the emergency operation shall be maintained operational at all times.

Electric gate operators, where provided, shall be listed in accordance with UL 325.

Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and must be equipped with Click 2 Enter or other authorized equipment that allows for operation of the gate by Fire & Police personnel from their vehicle.

Gates shall be at a minimum as wide as the required access road width. Gates, bollards or other obstructions on all properties shall be set back a minimum distance of 20 ft. from roadway edge of pavement, except the City of Clyde Hill Engineer may increase or decrease this distance based on safety and feasibility considerations.

Exception: Automated gates equipped with Click 2 Enter or other authorized equipment that allows for operation of the gate by Fire and Police personnel from their vehicle are not required to be set back 20 ft. from the roadway edge of pavement provided the roadway is not an arterial, residential collector street or a street with lane markers.

E. Section 903 of the International Fire Code is hereby amended to read as follows:

903.3.1 Standards. Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 and other chapters of this code, as applicable. In addition sprinkler systems shall be designed with a buffer to account for water system fluctuations to include a low reservoir condition. Such buffer shall be 5% for static pressures less than 50 p.s.i. and 10% for static pressures above 50 p.s.i.

Exception: Buffers are not required for systems designed in accordance with Section 903.3.1.3 (NFPA 13 D)

Permit applicants shall independently verify site specific static pressure:

• Prior to initiating sprinkler system.

• Prior to installing any sprinkler piping, including the underground supply.

• Prior to requesting any cover inspections.

F. Section 113.6 of the International Fire Code is hereby amended by the addition of the following subsection:

113.6 Confidence Test Report Filing Fee. Effective January 1, 2017 confidence test reports must be filed with “the Compliance Engine” (www.thecomplianceengine.com.). The same filing fee as required by the City of Bellevue for confidence test reporting within the City of Bellevue shall be remitted to Brycer L.L.C. at the time of filing. The amount of the fee retained by Brycer L.L.C. and the amount remitted to the City of Bellevue to partially offset its administrative costs shall be the same as for confidence test reporting within the City of Bellevue.

(Ord. 949 § 1, 2016; Ord. 945 §§ 4, 5, 2016; Ord. 924 § 2, 2013; Ord. 908 § 1 (Exh. A), 2010)

15.04.080 Processing of permits.

Permits issued pursuant to this title shall be processed as follows:

A. Building Permits.

1. Non-SEPA. Building permits not subject to the State Environmental Policy Act (“SEPA”), as adopted by the city in CHMC Title 18, shall be processed as Type I project permit applications, as described in the chart included in CHMC 19.01.003. Building permits not subject to SEPA are exempt from the project permit processing requirements, as described in CHMC 19.01.007.

2. SEPA. Building permits subject to SEPA shall be processed as Type II project permit applications, as described in the chart included in CHMC 19.01.003.

B. Grading Permits. Grading permits shall be processed in the same manner as building permits in subsection (A) of this section.

C. Mechanical Permits. Mechanical permits shall be processed as Type I project permit applications, as described in the chart included in CHMC 19.01.003. (Ord. 908 § 1 (Exh. A), 2010)

15.04.090 Landscape site and/or plan review.

A. On-site landscaping review shall be available to any property owner within the city upon request. Said review shall be for the purpose of determining conformity of the trees or other vegetation in any landscape plan with the city’s list of recommended plantings and recommendations from the city’s urban forestry program developed pursuant to Chapter 8.21 CHMC.

B. On-site landscaping review shall be mandatory for those properties for which a building permit has been applied for involving any of the following:

1. Change in the footprint of the house or other building on the property; or

2. Any exterior changes to the house or other building on the property; or

3. Modification of landscaping is a part of the project for which a permit is being obtained.

C. The landscape plan and/or site review with the property owner, contemplated by this section, shall take place prior to final inspection of the work under the building permit. Where the property owner intends to plant trees or vegetation that may cause damage to streets, sidewalks, overhead or underground utility lines or which may impact views, the reviewer will suggest alternatives from the city’s list of recommended trees and vegetation and explain the benefits of such alternatives.

D. The landscape plan examination shall not be used to review any work that shall be included and reviewed under the building permit process. Work that shall not be reviewed under the landscape plan examination includes, but is not limited to, rockery, retaining walls, architectural walls or planters, paved pathways, driveways or other concrete work, accessory structures, arbors/trellises, fire pits/fireplaces, recreational courts, fountains, pools, ponds, yard drainage or fences. (Ord. 908 § 1 (Exh. A), 2010)

15.04.100 Reflective roofing prohibited – Exceptions.

A. Any and all buildings constructed, reconstructed and/or reroofed subsequent to the effective date of the ordinance codified in this section shall not have an exterior roof surface consisting of any of the following materials:

1. Unpainted galvanized or clear-coated metal; or

2. White or aluminized reflective roof covering or coating.

B. The applicant may apply to the building official for permission to install prohibited roofing materials. The building official may allow such installation based upon the applicant satisfying the following criteria:

1. The roof will not create a safety hazard to passing motorists or pedestrians; and

2. The roof will not adversely affect neighboring property owners within a maximum radius of 300 feet, as measured from the applicant’s property line. In ascertaining whether the proposed roof will have an adverse impact upon neighbors, the building official may seek oral or written input from the neighboring property owners within the affected area. (Ord. 908 § 1 (Exh. A), 2010)

15.04.150 Rodent abatement.

No permit shall be issued under this chapter allowing for the demolition of any building or for the clearing or grading of land without compliance with the following rodent baiting requirements:

Rodent Baiting. All applicants shall initiate a rodent baiting program on the project site at least 15 days prior to the start of demolition, clearing or land surface modification activity. The baiting program must continue at least until the project begins; however, no demolition, clearing or land surface modification work shall commence until all significant rodent activity has been abated even if it has been 15 or more days since the initiation of the rodent baiting program, unless approved by the building official. The rodent baiting program shall be approved by a qualified pest control agent and be consistent with the Seattle-King County health department guidelines and recommendations for rat and other rodent baiting. The use of any pesticides shall fully comply with WAC 162-28-1380. The building official shall not issue or deliver any demolition or land surface modification permit, nor shall any land clearing begin, until the applicant has filed with the city a copy of the rodent baiting program and a declaration, under penalty of perjury, that the requirements of this section have been complied with. The rodent baiting program may be terminated at any time, due to the lack of rodent activity, upon a written recommendation of the pest control agent or upon approval of the building official; however, the program must be reinstated upon discovery of additional rodent activity by the pest control agent or the building official and all work may be required to be stopped until the additional rodent activity has been abated as determined in writing by the pest control agent or upon approval of the building official. At the discretion of the building official, a project unlikely to disturb a nesting place of rats or other rodents may be exempted from the requirements of this section. (Ord. 948 § 1, 2016)

15.04.200 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to enforcement under Chapter 15.13 CHMC. (Ord. 908 § 1 (Exh. A), 2010)