Chapter 15.40 KENMORE PROPERTY MAINTENANCE CODE

B. Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitation and maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

C. Purpose. The purpose of this code is to establish minimum requirements to provide a reasonable level of health, safety, property protection and general welfare insofar as they are affected by the continued occupancy and/or maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a reasonable minimum level of health, safety and general welfare as required herein.

D. Diversity, Equity, Inclusion, and Accessibility (DEIA). Implementation of the KPMC reflects DEIA values by approaching enforcement holistically through a lens of compassion and equity. With the intent of helping all people love where they live, the KPMC promotes voluntary compliance and community-based services to assist vulnerable populations.

E. Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. [Ord. 23-0577 § 1 (Exh. A).]

15.40.102 Applicability.

A. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.

B. Maintenance. Equipment, systems, devices, safeguards and maintenance required by this code or a previous regulation or code under which the building, structure or premises was constructed, altered or repaired shall be maintained in good condition and working order. No owner, owner’s authorized agent, operator or occupant shall cause any service, facility, equipment or utility that is required under this chapter to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises.

C. Application of Other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of this code.

D. Existing Remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary.

E. Workmanship. Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.

F. Structural Analysis. Where structural analysis is used to determine if an unsafe structural condition exists, the analysis shall be permitted to use nominal strengths, nominal loads, load effects, required strengths and limit states in accordance with the requirements under which the structure was constructed or in accordance with any subsequent requirement.

G. Historic Buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings, as defined in the International Existing Building Code, where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.

H. Referenced Codes and Standards. The codes and standards referenced in this code and amended by the state and the City are considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

1. Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply.

2. Provisions in Referenced Codes and Standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

I. Requirements Not Covered by Code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.

J. 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 this code.

K. Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. [Ord. 23-0577 § 1 (Exh. A).]

15.40.103 Code compliance agency.

A. Appointment. The code official shall be appointed by the city manager.

B. Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy(s), other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. [Ord. 23-0577 § 1 (Exh. A).]

15.40.104 Fees.

A. Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as established by the applicable governing authority.

B. Refunds. The code official is authorized to establish a refund policy. [Ord. 23-0577 § 1 (Exh. A).]

15.40.105 Duties and powers of the code official.

A. General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

B. Inspections. The code official is authorized to make all of the required inspections or 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 code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

C. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code; provided, that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, entry shall be pursuant to a warrant or other remedy provided by law unless a public safety emergency justifies entry without a warrant or other lawful remedy.

D. Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

E. Notices and Orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.

F. Department Records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.

G. Liability. The code official, no provision or term used in this chapter is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action.

1. The procedures set forth in Chapter 2.50 KMC, “Indemnification of Employees and Appointed and Elected City Officials” shall apply to the defense of claims of liability arising from acts or omissions of officials or employees charged with the enforcement of this chapter. [Ord. 23-0577 § 1 (Exh. A).]

15.40.106 Approval.

A. Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s authorized agent, provided the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of actions granting modifications shall be recorded and entered in the department files.

B. Alternative Materials, Design and Methods of Construction and Equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code; provided, that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved.

C. Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.

1. Test Methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.

2. Test Reports. Reports of tests shall be retained by the code official for the period required for retention of public records.

D. Used Material and Equipment. The use of used materials that meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official.

E. Approved Materials and Equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.

F. Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. [Ord. 23-0577 § 1 (Exh. A).]

15.40.107 Means of appeal.

Any person directly affected by a decision of the code official, or a notice or order issued under this code, shall have the right to appeal as set forth in Chapter 1.20 KMC. [Ord. 23-0577 § 1 (Exh. A).]

15.40.108 Hearing examiner.

All references to the board of appeals shall be deemed to refer to the City of Kenmore hearing examiner. [Ord. 23-0577 § 1 (Exh. A).]

15.40.109 Violations.

A. Unlawful Acts. It shall be unlawful for a person to be in conflict with or in violation of any of the provisions of this code.

B. Notice of Violation. For civil violations, the code official shall serve a notice of violation or order in accordance with Chapter 1.20 KMC.

C. Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with KMC 15.40.111(D) shall be deemed guilty of a misdemeanor or civil infraction as determined by the City, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

D. Violation Penalties. Any person who violates a provision of this code, or fails to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

E. Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. [Ord. 23-0577 § 1 (Exh. A).]

15.40.110 Stop work order.

Stop work orders shall be issued per Chapter 15.30 KMC. [Ord. 23-0577 § 1 (Exh. A).]

15.40.111 Unsafe structures and equipment.

A. General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, the code official is authorized to condemn such structure pursuant to the provisions of this code.

1. Unsafe Structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible.

2. Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

3. Structure Unfit for Human Occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

4. Unlawful Structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or that was erected, altered or occupied contrary to law.

5. Dangerous Structure or Premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:

a. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

b. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

c. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

d. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof, that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place, so as to be capable of resisting natural or artificial loads of one and one-half times the original designed value.

e. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

f. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

g. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

h. Any building or structure that has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire or building collapse or any other threat to life and safety.

i. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

j. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.

k. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

6. Drug Properties and Structures. It is hereby declared that any building, structure and/or associated property wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public, such building, structure and/or associated property is not only a dangerous property but is also of a classification of property calling for the special procedures set forth in this section. The code official is authorized to abate such dangerous buildings, structures and/or associated properties in accordance with the dangerous building procedures set forth in such code, with the following modifications:

a. Due to public safety hazard in drug-production facilities, the utilities shall be disconnected;

b. Building(s) and structures will be inspected to determine compliance with all City ordinances and codes;

c. Building(s) and any entry gates to the property will be secured against entry. No reconnection of utilities or reoccupancy of the building(s), structures or property shall be allowed until all violations have been remedied and all dangerous conditions abated to the satisfaction of the code official and a notice of release for reoccupancy has been received from the King County Department of Public Health.

B. Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

1. Authority to Disconnect Service Utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 15.40.102(H) in case of emergency when necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or 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 disconnection the owner, owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

2. Standards for Securing Buildings. To secure a building, all doors, window openings, or other openings on floors accessible from grade shall be closed and locked or shuttered to prevent third-party entry. If openings are damaged so they cannot be secured using normal building amenities, they shall be secured by covering with seven-sixteenths-inch minimum thickness structural panel cut to fit over the building opening and secured with No. 10 wood screws with fender washers. The screws shall penetrate the wood framing by a minimum of one and one-quarter inches and the screws shall be spaced around the perimeter of the opening at no less than 12 inches on center.

C. Record. The code official shall have authority to cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

D. Notice. Whenever the code official determines that there has been a civil violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Chapter 1.20 KMC.

E. Unauthorized Tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official.

F. Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or owner’s authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

G. Placarding. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the notice provisions within the time given, the code official is authorized to post on the premises or on defective equipment a placard bearing the word(s) “Restricted Use” or “Condemned” or “Unsafe” or similar language and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Such notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment.

1. Placard Removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

H. Prohibited Occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner’s authorized agent who shall let anyone occupy a placarded premises or operate placarded equipment, shall be liable for the penalties provided by this code.

I. Restoration or Abatement. The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner’s authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions, either by repair, rehabilitation, demolition or other approved corrective action. 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, or change of occupancy shall comply with the requirements of the International Existing Building Code. [Ord. 23-0577 § 1 (Exh. A).]

15.40.112 Emergency measures.

A. Imminent Danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official is authorized to cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

B. Temporary Safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official is authorized to order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.

C. Closing Streets. When necessary for public safety, the code official is authorized to temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

D. Emergency Repairs. For the purposes of this section, the code official is authorized to employ the necessary labor and materials to perform the required work as expeditiously as possible.

E. Costs of Emergency Repairs. Costs incurred by the City in the performance of emergency work shall be paid by the owner of the premises. The legal counsel of the jurisdiction is authorized to institute appropriate action against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.

F. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon appeal directed to the hearing examiner, be afforded a hearing as set forth in Chapter 1.20 KMC. [Ord. 23-0577 § 1 (Exh. A).]

15.40.113 Demolition.

A. General. The code official is authorized to order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s or owner’s authorized agent’s judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official is authorized to order the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond six months, unless approved by the code official.

B. Notices and Orders. Notices and orders shall comply with Chapter 1.20 KMC.

C. Failure to Comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official is authorized to cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

D. Salvage Materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. [Ord. 23-0577 § 1 (Exh. A).]

15.40.114 Unlawful public nuisances declared.

A. It shall be a public nuisance for any person owning, occupying, leasing, or having charge or possession of any property in the City to maintain or allow to be maintained on such property where visible from a public way, right-of-way, Lake Washington, Sammamish River, or public/private ingress/egress easement any conditions prohibited in the following KMC sections:

1. KMC 15.40.302(D)(2)(a);

2. KMC 15.40.302(D)(2)(b);

3. KMC 15.40.302(D)(2)(c);

4. KMC 15.40.302(D)(2)(d);

5. KMC 15.40.302(E);

6. KMC 15.40.302(F);

7. KMC 15.40.302(G)(1);

8. KMC 15.40.302(G)(2);

9. KMC 15.40.302(H)(1)(a);

10. KMC 15.40.302(H)(1)(b);

11. KMC 15.40.302(H)(1)(c);

12. KMC 15.40.302(I);

13. KMC 15.40.302(J);

14. KMC 15.40.302(K);

15. KMC 15.40.302(L);

16. KMC 15.40.302(M);

17. KMC 15.40.302(N);

18. KMC 15.40.302(O);

19. KMC 15.40.302(P);

20. KMC 15.40.302(Q);

21. KMC 15.40.302(R);

22. KMC 15.40.302(S); and

23. KMC 15.40.111.

B. The existence of any property condition which is unlawful and/or declared to be a public nuisance pursuant to the KMC, the Revised Code of Washington (RCW) or the Washington Administrative Code (WAC) is prohibited. This subsection shall be construed to place an affirmative duty on property owners and occupants to maintain their property in conformity with all applicable codes.

C. Violations of this section are enforced by the code official and processed pursuant to Chapter 1.20 KMC as now in effect, or as may be subsequently amended. [Ord. 23-0577 § 1 (Exh. A).]

Article II. Definitions

15.40.201 General.

A. Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter.

B. Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

C. Terms Defined in Other Codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Residential Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.

Exception: When used within this code, the terms “unsafe” and “dangerous” shall have only the meanings ascribed to them in this code and shall not have the meanings ascribed to them by the International Existing Building Code.

D. Terms Not Defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

E. Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit” and “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.” [Ord. 23-0577 § 1 (Exh. A).]

15.40.202 General definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Anchored” means secured in a manner that provides positive connection.

B. “Approved” means acceptable to the code official.

C. “Basement” means that portion of a building which is partly or completely below grade.

D. “Bathroom” means a room containing plumbing fixtures including a bathtub or shower.

E. “Bedroom” means any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

F. “City manager” means the City of Kenmore city manager or his or her designee(s).

G. “Code official” means the official who is charged with the administration and enforcement of this code or portion of this code, or any duly authorized representative of the city manager.

H. “Condemn” means to adjudge unfit for occupancy.

I. “Cost of such demolition or emergency repairs” means the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by the code official, the governing body or board of appeals.

J. “Detached” means when a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.

K. “Deterioration” means to weaken, disintegrate, corrode, rust or decay and lose effectiveness.

L. “Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

M. “Easement” means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.

N. “Emergency escape and rescue opening” means an operable exterior window, door or other similar device that provides for a means of escape and access for rescue in the event of an emergency.

O. “Exterior property” means the open space on the premises and on adjoining property under the control of owners or operators of such premises.

P. “Garbage” means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Q. “Graffiti” means unauthorized inscription, word, figure or design that is written, marked, etched, scratched or drawn or painted on any real or personal property regardless of its content or nature of the material used in the commission of the act.

R. “Guard” means a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

S. “Habitable space” means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

T. “Historic building” means any building or structure that is listed in the State or National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource within a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed on the National or State Register of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places.

U. “Housekeeping unit” means a room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

V. “Imminent danger” means a condition which could cause serious or life-threatening injury or death at any time.

W. “Infestation” means the presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.

X. “Inoperative vehicle” means a vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

Y. “Junk” means old or scrap copper; brass; rope; rags; batteries; paper; trash; rubber; debris; wastes; machinery; scrap wood; junked, dismantled or wrecked automobiles, or parts thereof; iron; steel; and other old or scrap ferrous or nonferrous material.

Z. “Jurisdiction” means the “City.”

AA. “Labeled” means equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.

BB. “KMC” means the Kenmore Municipal Code.

CC. “Let for occupancy” or “let” means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

DD. “Neglect” means the lack of proper maintenance for a building or structure.

EE. “Occupancy” means the purpose for which a building or portion thereof is utilized or occupied.

FF. “Occupant” means any individual living or sleeping in a building or having possession of a space within a building.

GG. “Openable area” means that part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

HH. “Operator” means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

II. “Owner” means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

JJ. “Person” means an individual, corporation, partnership or any other group acting as a unit.

KK. “Pest elimination” means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.

LL. “Premises” means a lot, plot or parcel of land, tract, easement or public way, including any structures thereon.

MM. “Property” shall mean any real property or lot or parcel of land, tract, including any alley, sidewalk or parkway abutting such lot or parcel of land.

NN. “Public way” means any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet.

OO. “Right-of-way” means land and the space above and below, property or property interest, such as a right-of-way use easement, as well as bridges, trestles, or other structures, dedicated to, or otherwise acquired by the City of Kenmore for public motor vehicle, pedestrian, bicycle, or other nonmotorized transportation purposes, including, but not limited to, roads and trails, whether or not opened, improved or maintained for public transportation purposes.

PP. “Rooming house” means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

QQ. “Rooming unit” means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

RR. “Rubbish” means combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

SS. “Sleeping unit” means a room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

TT. “Strict liability offense” means an offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

UU. “Structure” means that which is built or constructed.

VV. “Substandard building” shall mean any building or portion thereof that is determined to be an unsafe building pursuant to this chapter, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in KMC 15.40.114, which endangers life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard.

WW. “Tenant” means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

XX. “Toilet room” means a room containing a water closet or urinal but not a bathtub or shower.

YY. “Ultimate deformation” means the deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.

ZZ. “Ventilation” means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

AAA. “Workmanlike” means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

BBB. “Yard” means an open space on the same lot with a structure. [Ord. 23-0577 § 1 (Exh. A).]

Article III. General Requirements

15.40.301 General.

A. Scope. The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.

B. Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this article. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.

C. Vacant Structures and Land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure, and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. [Ord. 23-0577 § 1 (Exh. A).]

15.40.302 Exterior property areas.

A. Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep the exterior property that such occupant occupies or controls in a clean and sanitary condition.

Examples of prohibited actions include but are not limited to accumulation of junk, rubbish, new or used tired, auto parts, construction equipment, appliances, etc.

B. Grading and Drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.

Examples of prohibited actions include but are not limited to stockpiling materials (soil, gravel, sand, yard debris, etc.), large holes that accumulate or hold water, uncovered and/or unmaintained swimming pools, etc.

Exception: Approved retention areas, reservoirs, or similar areas.

C. Sidewalks and Driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain the sidewalk at all times in a safe condition, free of any and all obstructions or defects as described in Chapter 12.70 KMC.

D. Control of Overgrown Vegetation. Overgrown vegetation shall comply with subsections (D)(1) and (D)(2) of this section.

1. Removal of Overhanging Vegetation and Fire Hazards.

a. The owner of any property in the City shall remove or destroy, in a manner permitted by law, all vegetation growing or which has grown and died or debris upon property owned or occupied by them that is a fire hazard or a menace to public health, safety, or welfare. Such work, when proposed in a critical area or its buffer, requires prior approval from the City. Prior authorization is also required from the City to the extent removal of trees is required.

2. Weeds, Grass Neglected or Improperly Maintained Landscaping.

a. Premises and exterior property shall be maintained free from weeds and grass in excess of 12 inches.

b. The accumulation of weeds on premises or property contained in the current King County Noxious Weeds List or contained within current Chapter 16-750 WAC, Noxious Weed List Classes A, B, C shall be prohibited.

c. Neglected or improperly maintained landscaping, including but not limited to dead, debris-laden, weed-infested or overgrown vegetation, such as trees, shrubs, hedges, grass and ground covers, or vegetation dying as a result of physical damage, disease, insect infestation, lack of water, or other factors is prohibited.

d. Any vegetation that is growing rampant and unmaintained so as to provide unsightly, unsanitary and/or unsafe conditions, is destructive to other vegetation, that blocks public rights-of-way as described in Chapter 12.70 KMC, that blocks the sight lines within the public rights-of-way, or that impacts or threatens to impact public utilities is prohibited.

Upon failure to comply with this section, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the neglected or improperly maintained landscaping, weeds or grass growing thereon that are over 12 inches tall, and the costs of such removal shall be paid by the owner or agent responsible for the property; provided, however, that such entry and removal shall be pursuant to a warrant or other remedy provided by law unless a public safety emergency justifies entry without a warrant or other lawful remedy.

E. Rodent Harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.

F. Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

G. Accessory Structures.

1. Accessory structures, including detached garages, outbuildings, fences and walls, shall be maintained structurally sound and in good repair.

2. Storage or maintenance in a residential zone of any metal storage bin or container with a horizontal surface area of 120 square feet or greater is prohibited, unless otherwise permitted by the City (e.g., special use permit, temporary use permit, etc.).

H. Vehicles, Boats, Trailers or Other Mobile Equipment Storage Which Presents Potential Public Health, Safety or Fire Hazards Are Prohibited.

1. The parking or storage of any vehicle, boat, trailer, camper, motor home, or other mobile equipment, whether or not motorized, or portions or parts and components thereof, on property used or zoned for residential purposes are prohibited, if:

a. Located on any front lawn or front yard; or

b. Located in any side or rear yard so as to prevent a three-foot-wide continuous fire access way from the front of the property.

c. Projecting into right-of-way.

I. Abandoned Vehicles. Except as provided for in Chapter 8.25 KMC, abandoned vehicles, wrecked, dismantled or inoperative vehicles or remnant parts thereof are prohibited.

J. Defacement of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

K. Except when placed there for removal for a period of less than seven days, the exterior accumulation of broken, abandoned or discarded furniture or other household equipment or fixtures, packing boxes, lumber, junk, trash, rubbish or other materials or debris is prohibited. Prohibited actions include the dumping, spillage or storage of solids or liquids, which may negatively impact the visual or olfactory nature of the area.

L. Open storage of rubbish or junk including, but not limited to, refuse, garbage, scrap metal or lumber, concrete, asphalt, tin cans, tires and piles of earth, not including compost bins shall be prohibited.

M. Combustible material likely to become easily ignited or debris resulting from any fire and which constitutes a fire hazard, as defined in the fire code as adopted by the City pursuant to Chapter 15.10 KMC shall be prohibited.

N. The exterior storage or maintenance of parts or machinery of any type or description unless specifically authorized by a City license or permit; building materials or merchandise unless specifically authorized by use permit; or construction equipment except while excavation, construction, or demolition operations covered by an active building permit or other City permit are in progress on the subject or adjoining property shall be prohibited.

O. The exterior storage of new or used tires in a manner that allows accumulation of water that may create a health hazard.

P. Right-of-Way or Public Property Encroachment. Obstruction or encroachment upon any public property, including but not limited to any public street, sidewalk, highway, right-of-way, park or building, without prior City consent is prohibited. Such obstructions or encroachments include but are not limited to overgrown trees and shrubs, building materials, merchandise or other personal property and buildings or portions of buildings or structures, fences or retaining walls protruding onto public property.

Q. Land, as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public health, safety, and welfare or to public properties or rights-of-way.

R. Maintenance of any substance which because of its quantity, concentration or physical, chemical or infectious characteristics may either cause, or substantially contribute to, an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed.

S. The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other provision of the KMC or the Revised Code of Washington (RCW) or the Washington Administrative Code (WAC). This subsection shall be construed to place an affirmative duty on property owners and occupants to maintain their property in conformity with all applicable codes. [Ord. 23-0577 § 1 (Exh. A).]

15.40.303 Swimming pools, spas, and hot tubs.

A. Swimming Pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

B. Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier not less than 48 inches in height above the finished ground level measured on the side of the barrier away from the pool. Openings in the barrier shall not allow passage of a four-inch-diameter sphere. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 and swimming pools equipped with a powered safety cover that complies with ASTM F1346, in compliance with the International Swimming Pool and Spa Code, shall be exempt from the provisions of this section. [Ord. 23-0577 § 1 (Exh. A).]

15.40.304 Exterior structure.

A. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

1. Unsafe Conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:

a. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;

b. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations, is not capable of resisting all nominal loads or load effects;

c. Structures or components thereof that have reached their limit state;

d. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather-resistant or watertight;

e. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;

f. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

g. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

h. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration or fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;

i. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;

j. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

k. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

l. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or

m. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

Exceptions:

(1) Where substantiated otherwise by an approved method.

(2) Demolition of unsafe conditions shall be permitted where approved by the code official.

B. Protective Treatment. All exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, and balconies, shall be maintained in good condition or in a manner that does not create a public nuisance.

C. Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than four inches (102 millimeters) high with a minimum stroke width of one-half inch.

Exception: Buildings constructed under the International Residential Code, prior to July 1, 2010, are permitted to have the address number size be a minimum of three inches high.

D. Structural Members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

E. Foundation Walls. Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

F. Exterior Walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

G. Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged directly onto any other private property, public right-of-way or in a manner that creates a public nuisance.

H. Decorative Features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

I. Overhang Extensions. Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

J. Stairways, Decks, Porches and Balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

K. Chimneys and Towers. Chimneys, cooling towers, smokestacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

L. Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

M. Window, Skylight and Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

1. Glazing. Glazing materials shall be maintained free from cracks and holes.

2. Openable Windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

N. Doors. Exterior doors, door assemblies, operator systems if provided and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with KMC 15.40.702(C). [Ord. 23-0577 § 1 (Exh. A).]

15.40.305 Interior structure.

A. General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound, and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

a. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;

b. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations, is not capable of resisting all nominal loads or load effects;

c. Structures or components thereof that have reached their limit state;

d. Structural members are incapable of supporting nominal loads and load effects;

e. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

Exceptions:

(1) Where substantiated otherwise by an approved method.

(2) Demolition of unsafe conditions shall be permitted when approved by the code official.

B. Structural Members. Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

C. Interior Surfaces. Interior surfaces, including windows and doors, shall be maintained in good, clean, and sanitary condition. A safe, continuous, and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.

D. Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, porch or other walking surface shall be maintained in sound condition and good repair.

E. Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

F. Adequate Light, Ventilation, Sanitation and Occupancy. Adequate light, ventilation, sanitation and occupancy shall be provided, maintained and in compliance with the code in effect at the time of construction. [Ord. 23-0577 § 1 (Exh. A).]

15.40.306 Component serviceability.

General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.

A. Unsafe Conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:

1. Soils that have been subjected to any of the following conditions:

a. Collapse of footing or foundation system;

b. Damage to footing, foundation, concrete or other structural element due to soil expansion;

c. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;

d. Inadequate soil as determined by a geotechnical investigation;

e. Where the allowable bearing capacity of the soil is in doubt; or

f. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.

2. Concrete that has been subjected to any of the following conditions:

a. Deterioration;

b. Ultimate deformation;

c. Fractures;

d. Fissures;

e. Spalling;

f. Exposed reinforcement; or

g. Detached, dislodged or failing connections.

3. Aluminum that has been subjected to any of the following conditions:

a. Deterioration;

b. Corrosion;

c. Elastic deformation;

d. Ultimate deformation;

e. Stress or strain cracks;

f. Joint fatigue; or

g. Detached, dislodged or failing connections.

4. Masonry that has been subjected to any of the following conditions:

a. Deterioration;

b. Ultimate deformation;

c. Fractures in masonry or mortar joints;

d. Fissures in masonry or mortar joints;

e. Spalling;

f. Exposed reinforcement; or

g. Detached, dislodged or failing connections.

5. Steel that has been subjected to any of the following conditions:

a. Deterioration;

b. Elastic deformation;

c. Ultimate deformation;

d. Metal fatigue; or

e. Detached, dislodged or failing connections.

6. Wood that has been subjected to any of the following conditions:

a. Ultimate deformation;

b. Deterioration;

c. Damage from insects, rodents and other vermin;

d. Fire damage beyond charring;

e. Significant splits and checks;

f. Horizontal shear cracks;

g. Vertical shear cracks;

h. Inadequate support;

i. Detached, dislodged or failing connections; or

j. Excessive cutting and notching.

Exceptions:

k. Where substantiated otherwise by an approved method.

l. Demolition of unsafe conditions shall be permitted where approved by the code official. [Ord. 23-0577 § 1 (Exh. A).]

15.40.307 Handrails and guardrails.

A. General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than 30 inches above the floor or grade below shall have guards. Guards and handrails in disrepair shall be repaired or replaced to comply with the current adopted International Building Code or the International Existing Building Code as required for existing buildings. [Ord. 23-0577 § 1 (Exh. A).]

15.40.308 Rubbish and garbage.

A. Accumulation of Rubbish or Garbage. Exterior property and premises, and the interior of every structure, shall be free from accumulation of rubbish or garbage.

B. Disposal of Rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

1. Refrigerators. Refrigerators and similar equipment/appliances not in operation shall not be discarded, abandoned, or otherwise stored on premises.

C. Disposal of Garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. [Ord. 23-0577 § 1 (Exh. A).]

15.40.309 Pest elimination.

A. Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

B. Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

C. Single Occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.

D. Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination.

E. Occupant. The occupant of any structure shall be responsible for the continued rodent-free and pest-free condition of the structure.

Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.

F. Affected Properties. Where adjacent properties are affected by rodent harborage and/or infestation, the City may, in its sole discretion, abate the infestation to preserve the health and safety of the neighborhood. The costs of any abatement action taken by the City shall be charged to the property owner in the same manner as set forth in KMC 1.20.200 and/or KMC 1.20.230. If the owner fails to pay the City’s cost to abate, the cost shall be a lien against the property which is the source of the rodent harborage and/or infestation and may be collected by the City under any enforcement and penalty provisions of Chapter 1.20 KMC. [Ord. 23-0577 § 1 (Exh. A).]

Article IV. Light, Ventilation and Occupancy Limitations

15.40.401 General.

A. Scope. The provisions of this article shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.

B. Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with the code that the structure was permitted under. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that does not comply.

C. Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code or International Residential Code shall be permitted. [Ord. 23-0577 § 1 (Exh. A).]

15.40.402 Light.

A. Habitable Rooms. Adequate and sufficient light, either natural or artificial, shall be provided, maintained and in compliance with the code in effect at the time of construction for all habitable rooms. [Ord. 23-0577 § 1 (Exh. A).]

15.40.403 Ventilation.

A. Habitable Rooms and Other Spaces. Adequate and sufficient ventilation shall be provided, maintained and in compliance with the code in effect at the time of construction for all habitable rooms and other spaces. [Ord. 23-0577 § 1 (Exh. A).]

15.40.404 Occupancy limitations.

A. Minimum Ceiling Heights. Habitable spaces and habitable basement areas shall have a clear ceiling height of not less than seven feet.

B. Bedroom Requirements. Every bedroom shall have at least one operable window or door approved for emergency escape or rescue which shall open directly into a public street, public alley, yard or exit court. The units shall be operable from the inside to provide a full clear opening without the use of separate tools.

All escape or rescue windows shall have a minimum net clear openable are of 5.7 square feet. The minimum net clear openable height dimension shall be 24 inches. The minimum net clear openable width dimension shall be 20 inches. When windows are provided as a means of escape or rescue, they shall have a finished sill height not more than 44 inches above the floor.

Exception: basement rooms.

C. Access from Bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

Exception: Units that contain fewer than two bedrooms.

D. Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants. [Ord. 23-0577 § 1 (Exh. A).]

Article V. Plumbing Facilities and Fixture Requirements

15.40.501 General.

A. Scope. The provisions of this article shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.

B. Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this article. [Ord. 23-0577 § 1 (Exh. A).]

15.40.502 Required facilities.

A. Dwelling Units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition.

B. Hotels, Motels, and Temporary Lodging. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.

C. Public Toilet Facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the Uniform Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises. [Ord. 23-0577 § 1 (Exh. A).]

15.40.503 Toilet rooms.

A. Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.

B. Location. Toilet rooms and bathrooms serving hotel units, rooming units, dormitory units or housekeeping units shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.

C. Floor Surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. [Ord. 23-0577 § 1 (Exh. A).]

15.40.504 Plumbing systems and fixtures.

A. General. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing shall be maintained in a safe, sanitary and functional condition.

B. Plumbing System Hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back siphonage, improper installation, deterioration or damage or for similar reasons, the code official is authorized to require the defects to be corrected to eliminate the hazard. [Ord. 23-0577 § 1 (Exh. A).]

15.40.505 Water system.

A. General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Uniform Plumbing Code.

B. Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

C. Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

D. Water Heating Facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110 degrees Fahrenheit. A gas burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

E. Nonpotable Water Reuse Systems. Nonpotable water reuse systems and rainwater collection and conveyance systems shall be maintained in a safe and sanitary condition. Where such systems are not properly maintained, the systems shall be repaired to provide for safe and sanitary conditions, or the system shall be abandoned in accordance with subsection (E)(1) of this section.

1. Abandonment of Systems. Where a nonpotable water reuse system or a rainwater collection and distribution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accordance with the 2021 Uniform Plumbing Code. [Ord. 23-0577 § 1 (Exh. A).]

15.40.506 Sanitary drainage system.

A. General. Plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.

B. Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.

C. Grease Interceptors. Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. All records of maintenance, cleaning and repairs shall be available for inspection by the code official. [Ord. 23-0577 § 1 (Exh. A).]

15.40.507 Storm drainage.

A. General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall be discharged in a manner consistent with the requirements of KMC Title 13 and shall not be discharged in a manner that creates a public nuisance.

B. Private Property Drainage. Drainage from roof, paved areas, yards, or courts shall not be intentionally discharged directly onto any other private property or public rights-of-way in a manner that creates a public nuisance. [Ord. 23-0577 § 1 (Exh. A).]

Article VI. Mechanical and Electrical Requirements

15.40.601 General.

A. Scope. The provisions of this article shall govern the minimum mechanical and electrical facilities and equipment to be provided.

B. Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this article. [Ord. 23-0577 § 1 (Exh. A).]

15.40.602 Heating facilities.

A. Facilities Required. Heating facilities shall be provided in structures as required by this section.

B. Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, to provide space heating to meet the requirements of this section. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

C. Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68 degrees Fahrenheit in all habitable rooms, bathrooms and toilet rooms.

D. Room Temperature Measurement. The required room temperatures shall be measured three feet above the floor near the center of the room and two feet inward from the center of each exterior wall. [Ord. 23-0577 § 1 (Exh. A).]

15.40.603 Mechanical equipment.

A. Mechanical Equipment and Appliances. Mechanical equipment, appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.

B. Removal of Combustion Products. Fuel-burning equipment and appliances shall be connected to an approved chimney or vent.

Exception: Fuel-burning equipment and appliances that are labeled for unvented operation.

C. Clearances. Required clearances to combustible materials shall be maintained.

D. Safety Controls. Safety controls for fuel-burning equipment shall be maintained in effective operation.

E. Combustion Air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.

F. Energy Conservation Devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom shall not be installed unless labeled for such purpose and the installation is specifically approved. [Ord. 23-0577 § 1 (Exh. A).]

15.40.604 Electrical facilities.

A. Facilities Required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and KMC 15.40.605.

B. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the electrical code. Dwelling units shall be served by what the code required at the time of permit.

C. Electrical System Hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official is authorized to require the defects to be corrected in compliance with the latest edition of the state adopted electrical code. [Ord. 23-0577 § 1 (Exh. A).]

15.40.605 Electrical equipment.

A. Installation. Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.

B. Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle outlets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.

C. Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain not less than one electric luminaire. Pool and spa luminaires over 15 volts shall have ground fault circuit interrupter protection.

D. Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. [Ord. 23-0577 § 1 (Exh. A).]

15.40.606 Elevators, escalators, and dumbwaiters.

A. General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the Washington State Department of Labor and Industries.

B. Elevators. In buildings equipped with passenger elevators, not less than one elevator shall be maintained in operation at all times when the building is occupied.

Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. [Ord. 23-0577 § 1 (Exh. A).]

15.40.607 Duct systems.

A. General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. [Ord. 23-0577 § 1 (Exh. A).]

Article VII. Fire Safety Requirements

15.40.701 General.

A. Scope. The provisions of this article shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

B. Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this article. [Ord. 23-0577 § 1 (Exh. A).]

15.40.702 Means of egress.

A. General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.

B. Aisles. The required width of aisles in accordance with International Fire Code shall be unobstructed.

C. Locked Doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to International Building Code.

D. Emergency Escape and Rescue Openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following:

1. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.

2. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings, provided the minimum net clear opening size complies with the code that was in effect at the time of construction and the unit is equipped with smoke alarms installed in accordance with the International Building Code. Such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. [Ord. 23-0577 § 1 (Exh. A).]

15.40.703 Fire-resistance ratings.

A. Fire-Resistance-Rated Assemblies. The provisions of this chapter shall govern maintenance of the materials, systems and assemblies used for structural fire resistance and fire-resistance-rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings.

B. Unsafe Conditions. Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accordance with the applicable section of the International Fire Code. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the fire code official shall act in accordance with the applicable section of the International Fire Code.

C. Maintenance. The required fire-resistance rating of fire-resistance-rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings and sprayed fire-resistant materials applied to structural members and joint systems, shall be maintained. Such elements shall be visually inspected annually by the owner and repaired, restored or replaced where damaged, altered, breached or penetrated. Records of inspections and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile or entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer and any other reason shall be protected with approved methods capable of resisting the passage of smoke and fire. Openings through fire-resistance-rated assemblies shall be protected by self- or automatic-closing doors of approved construction meeting the fire protection requirements for the assembly.

1. Fire Blocking and Draft Stopping. Required fire blocking and draft stopping in combustible concealed spaces shall be maintained to provide continuity and integrity of the construction.

2. Smoke Barriers and Smoke Partitions. Required smoke barriers and smoke partitions shall be maintained to prevent the passage of smoke. Openings protected with approved smoke barrier doors or smoke dampers shall be maintained in accordance with NFPA 105.

3. Fire Walls, Fire Barriers, and Fire Partitions. Required fire walls, fire barriers and fire partitions shall be maintained to prevent the passage of fire. Openings protected with approved doors or fire dampers shall be maintained in accordance with NFPA 80.

D. Opening Protectives. Opening protectives shall be maintained in an operative condition in accordance with NFPA 80. The application of field-applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed, or otherwise made inoperable. Fusible links shall be replaced whenever fused or damaged. Fire door assemblies shall not be modified.

1. Signs. Where required by the code official, a sign shall be permanently displayed on or near each fire door in letters not less than one inch high to read as follows:

a. For doors designed to be kept normally open: “FIRE DOOR--DO NOT BLOCK.” Where the code official is aware of a language barrier, a translation may be required in addition to English (e.g., Spanish, Russian, Braille).

b. For doors designed to be kept normally closed: “FIRE DOOR--KEEP CLOSED.” Where the code official is aware of a language barrier, a translation may be required in addition to English (e.g., Spanish, Russian, Braille).

2. Hold-Open Devices and Closers. Hold-open devices and automatic door closers shall be maintained. During the period that such a device is out of service for repairs, the door it operates shall remain in the closed position.

3. Door Operation. Swinging fire doors shall close from the full-open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position.

E. Ceilings. The hanging and displaying of salable goods and other decorative materials from acoustical ceiling systems that are part of a fire-resistance-rated horizontal assembly shall be prohibited.

F. Testing. Horizontal and vertical sliding and rolling fire doors shall be inspected and tested annually to confirm operation and full closure. Records of inspections and testing shall be maintained.

G. Vertical Shafts. Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the International Fire Code. New floor openings in existing buildings shall comply with the International Building Code.

H. Opening Protective Closers. Where openings are required to be protected, opening protectives shall be maintained self-closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing devices shall be replaced if the fusible link rating exceeds 135 degrees Fahrenheit. [Ord. 23-0577 § 1 (Exh. A).]

15.40.704 Fire protection systems.

A. Inspection, Testing and Maintenance. Fire protection and life safety systems shall be maintained in accordance with the International Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.

1. Fire Protection and Life Safety Systems. Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code, the International Fire Code, and the International Building Code.

2. Required Fire Protection and Life Safety Systems. Fire protection and life safety systems required by this code, the International Fire Code or the International Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the International Fire Code or the International Building Code has been granted shall be considered to be a required system.

3. Fire Protection Systems. Fire protection systems shall be inspected, maintained and tested in accordance with the following International Fire Code requirements:

a. Automatic sprinkler systems, see Section 903.5.

b. Automatic fire-extinguishing systems protecting commercial cooking systems, see Section 904.12.5.

c. Automatic water mist extinguishing systems, see Section 904.11.

d. Carbon dioxide extinguishing systems, see Section 904.8.

e. Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6.

f. Clean-agent extinguishing systems, see Section 904.10.

g. Dry-chemical extinguishing systems, see Section 904.6.

h. Fire alarm and fire detection systems, see Section 907.8.

i. Fire department connections, see Sections 912.4 and 912.7.

j. Fire pumps, see Section 913.5.

k. Foam extinguishing systems, see Section 904.7.

l. Halon extinguishing systems, see Section 904.9.

m. Single- and multiple-station smoke alarms, see Section 907.10.

n. Smoke and heat vents and mechanical smoke removal systems, see Section 910.5.

o. Smoke control systems, see Section 909.20.

p. Wet-chemical extinguishing systems, see Section 904.5.

B. Standards. Fire protection systems shall be inspected, tested and maintained in accordance with the referenced standards listed in Table 704.2 and as required in this section.

Table 704.2: Fire Protection System Maintenance Standards
SYSTEM	STANDARD
Portable fire extinguishers	NFPA 10
Carbon dioxide fire-extinguishing system	NFPA 12
Halon 1301 fire-extinguishing systems	NFPA 12A
Dry-chemical extinguishing systems	NFPA 17
Wet-chemical extinguishing systems	NFPA 17A
Water-based fire protection systems	NFPA 25
Fire alarm systems	NFPA 72
Smoke and heat vents	NFPA 204
Water-mist systems	NFPA 750
Clean-agent extinguishing systems	NFPA 2001

1. Records. Records shall be maintained of all system inspections, tests and maintenance required by the referenced standards.

2. Records Information. Initial records shall include the: name of the installation contractor; type of components installed; manufacturer of the components; location and number of components installed per floor; and manufacturers’ operation and maintenance instruction manuals. Such records shall be maintained for the life of the installation.

C. Systems Out of Service. Where a fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with at least one means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. Actions shall be taken in accordance with Section 901 of the International Fire Code to bring the systems back in service.

Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water-based fire protection systems shall comply with NFPA 25.

1. Emergency Impairments. Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the International Fire Code.

D. Removal of, or Tampering With, Equipment. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire protection or life safety system required by this code except for the purposes of extinguishing fire, training, recharging or making necessary repairs.

1. Removal of, or Tampering With, Appurtenances. Locks, gates, doors, barricades, chains, enclosures, signs, tags and seals that have been installed by or at the direction of the fire code official shall not be removed, unlocked, destroyed or tampered with in any manner.

2. Removal of Existing Occupant-Use Hose Lines. The Fire Code Official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:

a. The installation is not required by the International Fire Code or the International Building Code.

b. The hose line would not be utilized by trained personnel or the Fire Department.

c. The remaining outlets are compatible with local fire department fittings.

3. Termination of Monitoring Service. For fire alarm systems required to be monitored by the International Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated.

E. Fire Department Connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than six inches high and words in letters not less than two inches high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official.

1. Fire Department Connection Access. Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire code official.

Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the International Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire code official and maintained operational at all times.

2. Clear Space Around Connections. A working space of not less than 36 inches in width, 36 inches in depth and 78 inches in height shall be provided and maintained in front of and to the sides of wall-mounted fire department connections and around the circumference of freestanding fire department connections, except as otherwise required or approved by the fire code official.

F. Single- and Multiple-Station Smoke Alarms. Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with subsections (F)(1) through (F)(3) of this section.

1. Where Required. Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with subsections (F)(1)(a) through (F)(1)(d) of this section. Interconnection and power sources shall be in accordance with subsections (F)(2) and (F)(3) of this section.

a. Exceptions:

(1) Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided.

(2) Where smoke alarms have been installed in occupancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required; provided, that the existing smoke alarms comply with requirements that were in effect at the time of installation.

(3) Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms.

b. Group R-1. Single or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1:

(1) In sleeping areas.

(2) In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit.

(3) In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level; provided, that the lower level is less than one full story below the upper level.

c. Groups R-2, R-3, R-4 and I-1. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations:

(1) On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.

(2) In each room used for sleeping purposes.

(3) In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level; provided, that the lower level is less than one full story below the upper level.

d. Installation Near Cooking Appliances. Smoke alarms shall be installed according to manufacturer’s recommendations.

e. Installation Near Bathrooms. Smoke alarms shall be installed not less than three feet horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by subsection (F)(1)(a) or (F)(1)(b) of this section.

2. Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.

Exceptions:

a. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind.

b. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without the removal of interior finishes.

3. Power Source. Single-station smoke alarms shall receive their primary power from the building wiring; provided, that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.

Exceptions:

a. Smoke alarms are permitted to be solely battery operated in existing buildings where construction is not taking place.

b. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source.

c. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for building wiring without the removal of interior finishes.

4. Smoke Detection System. Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:

a. The fire alarm system shall comply with all applicable requirements in Section 907 of the International Fire Code.

b. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code.

c. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit; provided, that a supervisory signal is generated and monitored in accordance with Section 907.6.6 of the International Fire Code.

G. Single- and Multiple-Station Smoke Alarms. Single- and multiple-station smoke alarms shall be tested and maintained in accordance with the manufacturer’s instructions. Smoke alarms that do not function shall be replaced. Smoke alarms installed in one- and two-family dwellings shall be replaced not more than 10 years from the date of manufacture marked on the unit, or shall be replaced if the date of manufacture cannot be determined. [Ord. 23-0577 § 1 (Exh. A).]

15.40.705 Carbon monoxide alarms and detection.

A. General. Carbon monoxide alarms shall be installed in dwellings in accordance with the International Fire Code, except that alarms in dwellings covered by the International Residential Code shall be installed in accordance with Section R315 of that code.

B. Carbon Monoxide Alarms and Detectors. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced. [Ord. 23-0577 § 1 (Exh. A).]