KMC Chapter 21.06 CONSTRUCTION ADMINISTRATIVE CODE

These regulations shall be known as the construction administrative code of the city of Kirkland, hereinafter referred to as “this chapter.” (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.015 Purpose.

The purpose of this chapter is to provide for the administration, organization and enforcement of the technical codes adopted by the city. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.020 Scope and general requirements.

(a) This chapter establishes the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the corporate limits of the city. The provisions of this chapter shall apply to the administration of the following technical codes:

(1) 2021 International Building Code—Chapter 51-50 WAC;

(2) 2021 International Residential Code—Chapter 51-51 WAC;

(3) 2021 International Mechanical Code—Chapter 51-52 WAC;

(4) 2021 National Fuel Gas Code (NFPA 54)—Chapter 51-52 WAC;

(5) Kirkland Electrical Code;

(6) 2020 Liquefied Petroleum Gas Code (NFPA 58)—Chapter 51-52 WAC;

(7) 2021 International Fuel Gas Code—Chapter 51-52 WAC;

(8) 2021 Uniform Plumbing Code—Chapters 51-56 and 51-57 WAC;

(9) 2021 Washington State Energy Code, Commercial and Residential Provisions—Chapters 51-11C and 51-11R WAC;

(10) 2021 International Existing Building Code—WAC 51-50-48000;

(11) 2021 International Wildland-Urban Interface Code—Chapter 51-55 WAC; and

(12) 2018 International Swimming Pool and Spa Code—WAC 51-50-3109 and 51-51-0329. (Ord. 4848 § 1, 2024; Ord. 4751 § 1, 2021; Ord. 4524 § 1, 2016: Ord. 4410 § 1, 2013: Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 4017 § 2, 2005: Ord. 3946 § 1 (part), 2004)

21.06.025 Definitions.

For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section or in the definitions provisions of the technical codes. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular.

(1) “Action” means a specific response complying fully with a specific request by the jurisdiction.

(2) “Existing structure” means a structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued.

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

(4) “Complete response” means an adequate response to all requests from city staff in sufficient detail to allow the application to be processed.

(5) “Energy code” means the International Energy Conservation Code promulgated by the International Code Council as adopted by the city.

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

(7) “IEBC” means the latest edition of the International Existing Building Code promulgated by the International Code Council.

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

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

(10) “IRC” means the latest edition of the International Residential Code promulgated by the International Code Council as adopted by the city.

(11) “KMC” means the Kirkland Municipal Code.

(12) “KPMC” means the Kirkland Property Maintenance Code.

(13) “NEC” means the latest edition of the National Electrical Code promulgated by the National Fire Protection Association as amended by the Washington Cities Electrical Code as adopted by the city.

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

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

(16) “Technical codes” are the codes, appendices and referenced code standards adopted by the jurisdiction.

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

(18) “Valuation” or “value,” used in computing the plan review and permit (inspection) fees, means the total value of all construction work, including labor and materials and the contractor’s overhead and profit for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, or any other permanent work or permanent equipment. (Ord. 4751 § 2, 2021; Ord. 4524 § 2, 2016: Ord. 4410 § 2, 2013: Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.030 Appendices.

Provisions in the appendices of the technical codes shall not apply unless specifically referenced in the adopting ordinance. An appendix adopted by a local jurisdiction that affects single-family or multifamily residential buildings as defined in RCW 19.27.015 shall not be effective unless approved by the State Building Code Council pursuant to RCW 19.27.060(1)(a).

Exceptions:

(1) The State Building Code Council has determined that a local ordinance providing specifications for light straw-clay or strawbale construction, or requiring a solar-ready zone, or requiring fire sprinklers in accordance with Appendix AR, AS, or V of this chapter may be adopted by any local government upon notification of the Council.

(2) Appendix AF, Radon Control Methods, Appendix AQ, Tiny Homes, and Appendix U, Dwelling Unit Fire Sprinkler Systems, are included in adoption of the International Residential Code. (Ord. 4848 § 2, 2024; Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.035 Intent.

The purpose of this chapter and the technical codes is to establish the minimum requirements to safeguard the public health, safety and general welfare through affordability, structural strength, means of egress, stability, sanitation, light and ventilation, energy conservation, and for providing a reasonable level of life safety and property protection from fire, explosion or other dangerous conditions and to provide a reasonable level of safety to firefighters and emergency responders during emergency operations. (Ord. 4848 § 3, 2024; Ord. 4751 § 3, 2021; Ord. 4524 § 3, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.040 Referenced codes.

The codes listed in Sections 21.06.045 through 21.06.085 and referenced elsewhere in this chapter shall be considered part of the requirements of this chapter to the prescribed extent of each such reference. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.045 International Building Code—Scope.

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

Exceptions:

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

(2) Roads, bridges, sidewalks, drainage structures, retaining walls, street lighting poles, traffic signal poles, and similar structures regulated, approved and inspected by the city’s public works department.

(3) Electrical transmission towers and telephone poles (not including cell towers) under the control of a utility. (Ord. 4751 § 4, 2021; Ord. 4524 § 4, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.050 International Residential Code—Scope.

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

Exceptions:

(1) Live/work units located in townhouses and complying with the requirements of Section 508.5 of the International Building Code shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-Family Dwellings. An automatic sprinkler system required by Section 508.7 of the International Building Code where constructed under the International Residential Code for One- and Two-Family Dwellings shall conform to Appendix U.

(2) Owner-occupied lodging houses with one or two guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-Family Dwellings.

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

(4) A care facility with five or fewer persons receiving custodial care within a dwelling unit shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-Family Dwellings where equipped with an automatic fire sprinkler system in accordance with Appendix U.

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

(6) A care facility with five or fewer persons receiving care that is within a single-family dwelling shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-Family Dwellings where equipped with an automatic fire sprinkler system in accordance with Appendix U. (Ord. 4848 § 4, 2024; Ord. 4751 § 5, 2021; Ord. 4524 § 5, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.055 Mechanical—Scope.

These provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. References in this code to Group R shall include Group I-1, Condition 2 assisted living facilities licensed by Washington State under Chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington State under Chapter 246-337 WAC.

Exceptions:

(1) The International Fuel Gas Code—for all installations utilizing natural gas and gaseous hydrogen except those regulated by the IRC and those utilizing LPG.

(2) International Residential Code—for all structures regulated by the IRC except LPG installations.

(3) NFPA 54 and 58—for all LPG installations. (Ord. 4751 § 6, 2021; Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.060 Liquid propane gas—Scope.

The provisions of the National Fuel Gas Code and Liquid Petroleum Gas Code (NFPA 54 and 58) shall apply to the installation of all materials and equipment utilizing liquid propane gas. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.065 Natural gas—Scope.

The provisions of the International Fuel Gas Code shall apply to the installation of all materials and equipment utilizing natural gas except those regulated by the International Residential Code. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.070 Plumbing—Scope.

The provisions of the Uniform Plumbing Code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing and medical gas systems within the city. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.071 Property maintenance—Scope.

The provisions of the Kirkland Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. (Ord. 4524 § 6, 2016)

21.06.075 Energy—Scope.

The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. The WSEC Residential, Chapter 51-11R WAC, applies to residential buildings, building sites, associated systems and equipment, and the WSEC Commercial, Chapter 51-11C WAC, applies to commercial buildings, building sites, associated systems and equipment. Residential sleeping units, Group I-1, Condition 2 assisted living facilities licensed by Washington State under Chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington State under Chapter 246-337 WAC shall utilize the commercial building sections of the energy code regardless of the number of stories of height above grade plane. Building areas that contain Group R sleeping units, regardless of the number of stories in height, are required to comply with the commercial sections of the energy code. Where a building includes both residential building and commercial building portions, each portion shall be separately considered and meet the applicable provisions of the WSEC—Commercial or WSEC—Residential provisions. (Ord. 4848 § 5, 2024; Ord. 4751 § 7, 2021; Ord. 4524 § 7, 2016: Ord. 4410 § 3, 2013: Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.076 Existing structures—Scope.

The provisions of the International Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing structures. Provided, that the Washington State Energy Code and the International Wildland-Urban Interface Code shall be regulated by their respective provisions for existing buildings. Provided, that work regulated by this code is also regulated by the construction requirements for existing buildings within Chapter 11 of the International Fire Code, and such work shall comply with applicable requirements in both codes.

Exception:

(1) Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (Ord. 4848 § 6, 2024; Ord. 4751 § 8, 2021; Ord. 4524 § 8, 2016)

21.06.078 Swimming pools and spas—Scope.

The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading. Swimming pools, spas and other aquatic recreation facilities shall comply with the ISPSC, where the facility is one of the following, except that public swimming pool barriers are regulated by WAC 246-260-031(4):

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

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

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

All other “water recreation facilities” as defined in RCW 70.90.110 are regulated under Chapters 246-260 and 246-262 WAC. (Ord. 4751 § 9, 2021)

21.06.080 International Wildland-Urban Interface Code—Scope.

The provisions of this code shall apply to the construction, alteration, movement, repair, maintenance, and use of any building, structure, or premises within the wildland-urban interface areas in this jurisdiction. (Ord. 4848 § 7, 2024)

21.06.085 Electrical—Scope.

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

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

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

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

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

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

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

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

(h) Optional standby systems derived from portable generators.

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

It is the intent of this section that this code cover all premises’ wiring or wiring other than utility-owned metering equipment, on the load side of the service point of buildings, structures, or any other premises not owned or leased by the utility. Also, it is the intent that this code cover installations in buildings used by the utility for purposes other than listed in subsections (a) through (h) of this section, such as office buildings, warehouses, garages, machine shops, and recreational buildings which are not an integral part of a generating plant, substation, or control center. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 4017 § 3, 2005: Ord. 3946 § 1 (part), 2004)

Article II. Applicability

21.06.090 Applicability.

(a) General. Where, in any specific case, different sections of this chapter specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in Chapter 19.27 RCW shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b) New Installations. This chapter applies to new installations.

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

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

(d) Maintenance. Buildings and structures, including their electrical, plumbing and mechanical systems, equipment, materials and appurtenances, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe, hazard-free condition. Devices or safeguards that are required by this chapter shall be maintained in compliance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of the systems and equipment. To determine compliance with this provision, the code official shall have the authority to require that the systems and equipment be reinspected.

(e) Additions, Alterations, Modifications or Repairs for Other Than IRC Buildings. Additions, alterations, modifications or repairs to a building or structure or to the electrical, plumbing or mechanical system(s) of any building, structure, or premises shall conform to the requirements of this chapter without requiring those portions of the existing building or system not being altered or modified to comply with all the requirements of this chapter. Installations, additions, alterations, modifications, or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the building official or designated representative. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions were made.

(f) Additions, Alterations, Change of Use, Repairs, or Relocations to IRC Buildings. Additions, alterations, repairs, or relocations shall be permitted to conform to the requirements of the provisions of IRC Chapter 45 or shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs, and relocations shall not cause an existing structure to become less compliant with the provisions of this code than the existing building or structure was prior to the addition, alteration, repair, or relocation. Where additions, alterations, or changes of use to an existing structure result in a use or occupancy, height, or means of egress outside the scope of this code, the building shall comply with the International Existing Building Code. (Ord. 4848 § 8, 2024; Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.095 Other laws.

The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.100 Application of references.

References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this chapter. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.105 Referenced codes and standards.

The codes and standards referenced in the technical codes shall be considered part of the requirements of those codes to the prescribed extent of each such reference. Where differences occur between provisions of the technical codes and referenced codes and standards, the provisions of the technical codes shall apply. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.110 Partial invalidity.

In the event that any part or provision of this chapter or a technical code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.115 Existing structures.

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

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

Exceptions:

(A) Additions with less than five hundred square feet of conditioned floor area are exempt from the requirements for Whole House Ventilation Systems, Section M1508.

(B) Additions or alterations to existing buildings which do not require the construction of foundations, crawlspaces, slabs or basements shall not be required to meet the requirements for radon protection in Section R327.1 and Appendix F.

(2) Buildings Not Previously Occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the International Building Code or International Residential Code, as applicable, for new construction or with any current permit for such occupancy.

(3) Buildings Previously Occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Fire Code or International Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. (Ord. 4524 § 9, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.116 Moved buildings—Building, mechanical, plumbing, energy.

Buildings or structures moved into or within a jurisdiction shall comply with the provisions of this chapter, the International Building Code (Chapter 51-50 WAC), the International Residential Code (Chapter 51-51 WAC), the International Mechanical Code (Chapter 51-52 WAC), the International Fire Code (Chapter 51-54 WAC), the Uniform Plumbing Code and Standards (Chapter 51-56 WAC), and the Washington State Energy Code (Chapter 51-11R WAC) for new buildings or structures.

Exceptions: IRC buildings or structures are not required to comply if:

(1) The original occupancy classification is not changed; and

(2) The original building is not substantially remodeled or rehabilitated. For the purposes of this section a building shall be considered to be substantially remodeled when the costs of remodeling exceed sixty percent of the value of the building exclusive of the costs relating to preparation, construction, demolition or renovation of foundations. (Ord. 4524 § 10, 2016)

21.06.117 Moved buildings—Electrical.

(a) Nonresidential buildings or structures moved into or within the jurisdiction must be inspected to ensure compliance with current requirements of this chapter.

(b) Residential buildings or structures wired in the U.S., to NEC requirements, and moved into the jurisdiction must be inspected to ensure compliance with the NEC requirements in effect at the time and place the original wiring was made. The building or structure must be inspected to ensure compliance with all current requirements of Chapter 19.28 RCW and the rules developed by the department if:

(1) The original occupancy classification of the building or structure is changed as a result of the move; or

(2) The building or structure has been substantially remodeled or rehabilitated as a result of the move.

(c) Residential buildings or structures wired in Canada to Canadian Electrical Code (CEC) standards and moved into the city must be inspected to ensure compliance with the following minimum safety requirements:

(1) Service, service grounding, and service bonding must comply with this chapter.

(2) Canadian Standards Association (CSA) listed Type NMD cable is allowed with the following qualifications:

(A) CSA listed Type NMD cable, American Wire Gauge #10 and smaller, installed after 1964, utilizing an equipment grounding conductor smaller than the phase conductors, must be:

(i) Replaced with a cable utilizing a full-size equipment grounding conductor; or

(ii) Protected by a ground fault circuit interrupter protection device.

(B) CSA listed Type NMD cable, #8 AWG and larger, must:

(i) Utilize an equipment grounding conductor sized according to the requirements of the NEC in effect at the time of the installation;

(ii) Be protected by a ground fault circuit interrupter protection device; or

(iii) Be replaced.

(3) Other types of wiring and cable must be:

(A) Replaced with wiring listed or field evaluated in accordance with U.S. standards by a laboratory approved by the department; or

(B) Protected by a ground fault circuit interrupter protection device and arc fault circuit protection device.

(4) Equipment, other than wiring or panelboards, manufactured and installed prior to 1997, must be listed and identified by laboratory labels approved by the department or CSA labels.

(5) All panelboards must be listed and identified by testing laboratory labels approved by the department with the following qualifications:

(A) CSA listed panelboards labeled “Suitable for Use as Service Equipment” will be considered to be approved as “Suitable for Use Only as Service Equipment.”

(B) CSA listed panelboards must be limited to a maximum of forty-two circuits.

(C) CSA listed panelboards used as lighting, and appliance panelboards as described in the NEC, must meet all current requirements of the NEC and this chapter.

(6) Any wiring or panelboards replaced or changed as a result of the move must meet current requirements of Chapter 19.28 RCW and this chapter.

(7) The location, type, and ground fault circuit interrupter protection of receptacles and equipment in a bathroom, kitchen, basement, garage, or outdoor area must meet the Washington requirements in effect at the time the wiring was installed.

(8) Four fifteen-ampere kitchen small appliance circuits will be accepted in lieu of two twenty-ampere kitchen small appliance circuits. Receptacles will not be required to be added on kitchen peninsular or island counters.

(9) Spacing requirements for all other receptacles must meet the Washington requirements in effect at the time the wiring was installed.

(10) Receptacles installed above baseboard or fixed wall space heaters must be removed and the outlet box covered with a blank cover. The receptacle is required to be relocated as closely as possible to the existing location.

(11) Lighting outlet and switch locations must meet the Washington requirements in effect at the time the wiring was installed.

(12) Dedicated twenty-ampere small appliance circuits are not required in dining rooms.

(13) Electric water heater branch circuits must be adequate for the load.

(14) The location, type, and circuit protection of feeders must meet the Washington requirements in effect at the time the wiring was installed. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009)

Article III. Planning and Building Department

21.06.120 Creation of enforcement agency.

The planning and building department is hereby created for the implementation, administration, and enforcement of the construction codes, and the official in charge thereof shall be known as the building official, who shall be designated by the director; provided, the fire marshal or his or her designee shall be responsible for enforcement of the International Fire Code. (Ord. 4848 § 9, 2024; Ord. 4751 § 10, 2021; Ord. 4491 § 3 (part), 2015; Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.125 Appointment.

The building official shall be appointed by the chief appointing authority of the jurisdiction. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.130 Deputies.

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article IV. Duties and Powers of Building Official

21.06.135 General.

The building official is hereby authorized and directed to enforce the provisions of this chapter and the technical codes. The building official shall have the authority to render interpretations of this chapter and the technical codes and to adopt policies and procedures in order to clarify the application of their provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this chapter and the technical codes. Such policies and procedures shall not have the effect of waiving requirements specifically provided. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.140 Applications and permits.

The building official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition and moving of buildings, structures and building service systems and equipment, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this chapter and the technical codes. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.145 Notices and orders.

The building official shall issue all necessary notices or orders to ensure compliance with this chapter and the technical codes. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.147 Tagging of buildings.

Following a city of Kirkland-issued formal declaration of emergency, the building official shall be authorized to evaluate and provide building safety evaluations. Evaluations shall generally follow standards from the Applied Technology Council ATC 20, ATC 20-1, or ATC 45 manuals. The procedure shall allow for the tagging of buildings as “Inspected,” “Limited Entry” or “Unsafe.” Notice of orders pertaining to dangerous buildings and appeal procedures established under adopted building codes shall not apply under official declarations of emergency. (Ord. 4246 § 1 (part), 2010)

21.06.150 Inspections.

The building official shall make the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise at the applicant’s expense. (Ord. 4751 § 11, 2021; Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.155 Identification.

The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter and the technical codes. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.160 Right of entry.

Where it is necessary to make an inspection to enforce the provisions of this chapter and the technical codes, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this chapter and the technical codes that make the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this chapter and the technical codes; provided, that if such structure or premises be occupied, that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner 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. (Ord. 4557 § 1, 2017: Ord. 4524 § 11, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.165 Department records.

The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.170 Liability.

(1) The building official or employee charged with the enforcement of this chapter and the technical codes, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this chapter and the technical codes.

(2) Legal Defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. (Ord. 4524 § 12, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 4083 § 2, 2007: Ord. 3946 § 1 (part), 2004)

21.06.175 Approved materials and equipment.

Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.180 Used materials and equipment.

The use of used materials and building service equipment that meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless prior approval is obtained from the building official. (Ord. 4524 § 13, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.185 Modifications.

Where there are practical difficulties involved in carrying out the provisions of this chapter and the technical codes, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner’s authorized agent; provided, that the building official shall first find that special individual reason makes the strict letter of the code impractical, the modification is in compliance with the intent and purpose of this chapter and the technical codes, and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department. The building official is authorized to charge an additional fee to evaluate any proposed modification under the provisions of this section. (Ord. 4524 § 14, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

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

The provisions of this chapter and the technical codes are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this chapter and the technical codes; provided, that any such alternative has been approved. The building official shall have the authority to approve an alternative material, design or method of construction upon application of the owner or the owner’s authorized agent. The building official shall first find that the proposed design is satisfactory and complies with the intent of the provisions of this chapter and the technical codes, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in the technical codes in quality, strength, effectiveness, fire resistance, durability, energy efficiency, and safety. Compliance with the specific performance-based provisions of the construction codes shall be an alternative to the specific requirements of the construction codes. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. The building official is authorized to charge an additional fee to evaluate any proposed alternate under the provisions of this section. (Ord. 4848 § 10, 2024; Ord. 4751 § 12, 2021; Ord. 4524 § 15, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.195 Research reports.

Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in technical codes, shall consist of valid research reports from approved sources. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.200 Tests.

Whenever there is insufficient evidence of compliance with the provisions of this chapter and the technical codes, or evidence that a material or method does not conform to the requirements of the technical codes, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

Article V. Permits

21.06.205 Required.

Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this chapter or one of the technical codes, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. A separate permit is required for each building or structure.

Exception: When deemed appropriate by the building official, accessory buildings and structures may be included under the permit of the main building or structure. (Ord. 4524 § 16, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.210 Electrical permit required.

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

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

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

(A) NEC, Class 1 power limited circuits at thirty volts maximum.

(B) NEC, Class 2 circuits powered by a Class 2 power supply as defined in NEC 725.121(A).

(C) NEC, Class 3 circuits powered by a Class 3 power supply as defined in NEC 725.121(A).

(3) Telecommunications Systems.

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

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

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

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

(E) Definitions of telecommunications technical terms will come from Chapter 19.28 RCW, the currently adopted WAC rules, EIA/TIA standards, and the National Electrical Code. (Ord. 4751 § 13, 2021; Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 4017 § 4, 2005: Ord. 3946 § 1 (part), 2004)

21.06.215 Work exempt from permit.

Exemptions from permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the technical codes or any other laws or ordinances of this jurisdiction. Permit exemptions shall not apply to areas of flood hazard or city land use critical areas and their required buffers, or locations subject to the construction requirements of the International Wildland-Urban Interface Code. Permits shall not be required for the following:

(1) Building.

(A) Accessory structures.

(i) One-story detached IRC accessory structures used for tools or storage, one-story tree-supported play structures, children’s playhouses and similar uses, but not including vehicle storage or heated or unheated office/studios and similar uses, provided the floor area does not exceed two hundred square feet, and, except one-story tree-supported play structures, the height does not exceed twelve feet from the grade plane to the highest point of the roof.

(ii) One-story detached IBC accessory structures used as tool and storage sheds, one-story tree-supported play structures, playhouses and similar uses, but not including vehicle storage, provided the floor area does not exceed one hundred twenty square feet and, except one-story tree-supported play structures, the height does not exceed twelve feet from the grade plane to the highest point of the roof.

(B) Fences not over six feet high.

(C) Oil derricks.

(D) Retaining walls which are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

(E) Water tanks supported directly on grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed two to one.

(F) Sidewalks, decks and driveways constructed under the provisions of the IRC, which are not more than thirty inches above grade and not over any basement or story below.

(G) Replacement of nonstructural siding on IRC structures except for veneer, stucco or exterior finish and insulation systems (EFIS). This exemption shall not apply to structures regulated under Chapter 64.55 RCW.

(H) In-kind reroofing of one- and two-family dwellings, provided the roof sheathing is not removed or replaced.

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

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

(K) Prefabricated swimming pools accessory to a one- or two-family dwelling or a Group R-3 occupancy which are less than twenty-four inches deep and are installed entirely above ground.

(L) Swings, slides and other similar playground equipment.

(M) Window awnings supported by an exterior wall of one- and two-family dwellings which do not project more than fifty-four inches from the exterior wall and do not require additional support.

(N) In-kind window replacement for IRC structures where no alteration of structural members is required, safety glazing is provided where required, window fall protection is provided where required, emergency egress requirements are provided and when the window U-values meet the current prescriptive requirements of the International Energy Conservation Code.

(O) Nonfixed and movable cases, counters and partitions not over five feet, nine inches in height.

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

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

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

(S) Job shacks that are placed at a permitted job site during construction may be allowed on a temporary basis and shall be removed upon final approval of construction. A job shack is a portable structure for which the primary purpose is to house equipment and supplies, and which may serve as a temporary office during construction for the purposes of the construction activity.

(T) Flag and light poles that do not exceed twenty feet in height. (An electrical permit may still be required.)

(U) Decking replacement on decks without changing or adding any other structural members or removing guardrails.

(V) Photovoltaic (PV) panels meeting all of the following criteria:

(i) PV system is designed and proposed for a detached one- or two-family dwelling or townhouse not more than three stories above grade or detached accessory structure.

(ii) PV system is being installed by a licensed contractor.

(iii) Mounting system is engineered and designed for PV.

(iv) Rooftop is made from lightweight material such as a single layer of composition shingles, metal roofing, or cedar shingles.

(v) Panels are mounted no higher than eighteen inches above the surface of the roofing to which they are affixed. Except for flat roofs, no portion of the system may exceed the highest point of the roof (or ridge).

(vi) Total dead load of panels, supports, mountings, raceways, and all other appurtenances weigh no more than three and one-half pounds per square foot.

(vii) Supports for solar panels are installed to spread the dead load across as many roof-framing members as needed to ensure that at no point loads in excess of fifty pounds are created.

(viii) The installation will comply with the manufacturer’s instructions.

(ix) Roof and wall penetrations will be flashed and sealed to prevent entry of water, rodents, and insects.

(x) Home is code compliant to setbacks and height, or code allows expansion of nonconformity for solar panels.

(xi) System complies with International Residential Code Chapter 23 for solar thermal energy systems.

(xii) Roof-mounted collectors and supporting structure are constructed of noncombustible materials or fire-retardant-treated wood equivalent to that required for the roof construction.

(xiii) Roof access points and pathways for firefighters will be provided per IFC 605.11.

(xiv) The PV system has an approved and issued electrical permit.

(2) Electrical.

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

(B) Repair or replacement of fixed motors, transformers or fixed approved appliances or devices rated fifty amps or less which are like-in-kind in the same location;

(C) Temporary decorative lighting, when used for a period not to exceed ninety days and removed at the conclusion of the ninety-day period;

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

(E) Repair or replacement of attachment plug(s) and associated receptacle(s) rated fifty amperes or less which are like-in-kind in the same location;

(F) Repair or replacement of any over-current device which is like-in-kind in the same location;

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

(H) Removal of electrical wiring;

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

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

(K) Portable generators serving only cord- and plug-connected loads supplied through receptacles on the generator;

(L) Travel trailers;

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

(3) Mechanical.

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

(B) Portable ventilation equipment.

(C) Portable cooling unit.

(D) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter.

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

(F) Portable evaporative cooler.

(G) Self-contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one horsepower or less.

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

(4) Plumbing.

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

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

(C) Reinstallation or replacement of prefabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes. (Ord. 4873 § 2, 2024; Ord. 4848 § 11, 2024; Ord. 4751 § 14, 2021; Ord. 4524 § 17, 2016: Ord. 4410 § 4, 2013: Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 4017 § 5, 2005: Ord. 3946 § 1 (part), 2004)

21.06.220 Emergency repairs.

Where equipment replacements and equipment repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.225 Repairs.

Application or notice to the building official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.230 Application for permit.

For other than on-line permits, to obtain a permit, the applicant shall first submit a complete application in writing on a form furnished by the planning and building department for that purpose. Such application shall include:

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

(2) The use and occupancy for which the proposed work is intended.

(3) A legal description of the property upon which the project is located.

(4) The street address of the property.

(5) The tax parcel number.

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

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

(8) The valuation of the proposed work.

(9) Proof of a potable water supply for buildings requiring potable water.

(10) Complete construction documents and other information as required in Article VI.

Exception: The above information is required for building permits, but may not be required for other types of permits such as plumbing, electrical, mechanical, sign, LSM and roofing.

(11) For building projects valued at over five thousand dollars, either:

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

(B) The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than fifty percent of the total amount of the construction project; provided, that if any of this information is not available at the time the application is submitted, the applicant shall so state and the lack of said information shall not cause the application to be deemed incomplete for the purposes of this section. However, the applicant shall provide the remaining information prior to the permit being issued. (Ord. 4751 § 15, 2021; Ord. 4491 § 3 (part), 2015; Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.240 Action on application.

(a) The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this chapter and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

(b) Revisions to the submittal documents, not requested by the city, may be accepted by the city; however, the revisions may result in additional fees being assessed. Substantial revisions may require a new permit application to be submitted as determined by the building official.

(c) Before a permit is issued, the code official is authorized to inspect and approve the systems, equipment, buildings, devices, premises and spaces or areas to be used. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.245 Time limitation of application.

An application for a permit for any proposed work shall expire eighteen months after the date of filing. The building official may extend the life of an application if any of the following conditions exist:

(1) Any other city review is in progress; provided the applicant has submitted a complete, timely response to city requests or the building official determines that unique or unusual circumstances exist that warrant additional time for such response, and the building official determines that the review is proceeding in a timely manner toward final city decision; or

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

(3) At the sole discretion of the building official; provided, that there have not been newly adopted codes, fees, ordinances, or laws that affect the application. (Ord. 4848 § 12, 2024; Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.247 Verification of contractor registration.

Prior to issuance of a permit for work which is to be done by a contractor required to be registered pursuant to Chapter 18.27 RCW, the applicant shall provide the city with the contractor’s registration number and Kirkland business license number and any other information determined necessary by the city to allow verification that such contractor is currently registered as required by law. (Ord. 4751 § 16, 2021)

21.06.248 Vesting of construction codes.

The construction codes and construction administrative code that are in effect when the building permit application is deemed complete by the building official shall apply. The city has the authority to establish policies and procedures for establishing the requirements of a complete application. For mechanical, electrical or plumbing permit applications submitted after the ordinance codified in this title has taken effect, but related to the scope of work identified in a building permit application that was complete prior to the effective date of the ordinance codified in this chapter, all applicable construction codes adopted and in force at the time of filing of the complete building permit application will apply. An expired permit may lose its code vesting under Section 21.06.250. (Ord. 4848 § 13, 2024; Ord. 4751 § 17, 2021)

21.06.250 Validity of permit.

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this chapter or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is authorized to prevent occupancy or use of a structure where in violation of this chapter or of any other ordinances of this jurisdiction. (Ord. 4524 § 18, 2016: Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.255 Permit expiration.

(a) Every building permit and its associated ancillary permits issued for an IRC permitted structure or for a tenant space within an existing building shall expire in two years from the date of issuance. Within two years of the issuance of the permit for an IRC structure, the outside must be complete including roofing, siding, windows, exterior doors and applicable site and right-of-way improvements. The two years to complete the IRC structure may not be extended.

(b) Every LSM permit and every building permit and its associated ancillary permits issued for a commercial, educational, institutional, multifamily, public, industrial or similar structure shall expire in three years from the date of issuance. LSM permits supporting approved subdivisions, short subdivisions or binding site plans shall expire upon the expiration of the preliminary subdivision, preliminary short subdivision or binding site plan; however, an LSM permit for a recorded subdivision, short subdivision or binding site plan shall not expire until the LSM permit is finaled.

(c) Sign permits and electrical, mechanical, and plumbing permits not associated with a building permit shall expire one year from the date of issuance.

(d) The building official may grant a thirty-day extension of time for permits when only the final inspection is remaining and all other work has been approved.

(e) It is a violation of this chapter to allow a permit to expire without first obtaining an approved final inspection.

Exception 1: A new building permit issued for an IRC structure to complete the work covered by a previous, expired permit shall expire in:

(1) Six months if the insulation inspection was not approved on the previous building permit. The project will lose its original code vesting and will be vested to the codes that are in force at the time the new building permit application is deemed complete. The fees for the new building permit will be based on the valuation of the work remaining to complete the project; or

(2) Six months if the insulation inspection was approved on the previous building permit and the exterior of the structure is not completed including: roofing, siding, windows, exterior doors, and applicable site and right-of-way improvements. The project will retain its original code vesting. The fees for the new building permit will be based on the valuation of the work remaining to complete the project; or

(3) Two years if the insulation inspection was approved and the outside of the structure is complete including roofing, siding, windows, exterior doors and applicable site and right-of-way improvements. The project will retain its original code vesting. The fees for the new building permit will be based on the valuation of the work remaining to complete the project.

Exception 2: For permits resulting from work without a permit or other code enforcement action(s), the expiration date will be determined by the building official.

(f) During or after a declared emergency covered under Chapter 38.52 RCW, the building official may authorize a six-month extension to an unexpired permit if the building official finds that the state of emergency resulted in a stoppage of work or substantial construction delays.

(g) The provisions of this section go into effect immediately upon passage by the city council and retroactively apply to all permits regulated by this section. (Ord. 4848 § 14, 2024; Ord. 4751 § 18, 2021; Ord. 4693 § 1, 2019: Ord. 4524 § 19, 2016: Ord. 4290 § 1, 2011; Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4110 § 1, 2007: Ord. 4099 § 2 (part), 2007: Ord. 4017 § 6, 2005: Ord. 4004 § 1, 2005: Ord. 3946 § 1 (part), 2004)

21.06.256 Permit renewals.

An existing building permit may be renewed one time, without a loss of vesting, for a fee of one-half the original permit fee, provided the permit has not been expired for more than one year and the framing inspection has been approved. Permit renewals shall expire in:

(1) Six months if the exterior of the structure is not completed per subsection (2) of this section; or

(2) Two years if the outside of the structure is complete including roofing, siding, windows, exterior doors and applicable site and right-of-way improvements. (Ord. 4524 § 20, 2016: Ord. 4246 § 1 (part), 2010)

21.06.257 Special provisions for permit and application extensions.

Repealed by Ord. 4524. (Ord. 4269 § 1, 2010: Ord. 4246 § 1 (part), 2010: Ord. 4218 § 1, 2009: Ord. 4191 § 1, 2009)

21.06.260 Suspension or revocation.

The building official is authorized to suspend or revoke a permit issued under the provisions of this chapter wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this chapter. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.265 Placement of permit.

The building permit or copy shall be kept on the site of the work until the completion of the project. (Ord. 4246 § 1 (part), 2010: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.267 Floor and roof design loads.

(a) Live Loads Posted. In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding fifty psf (2.40 kN/m2), such design live load shall be conspicuously posted by the owner or the owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

(b) Issuance of Certificate of Occupancy. A certificate of occupancy required by Section 21.06.540 shall not be issued until the floor load signs required by this section have been installed.

(c) Restrictions on Loading. It shall be unlawful to place, cause or permit to be placed, on any floor or room of a building structure or portion thereof, a load greater than is permitted by this code. (Ord. 4524 § 22, 2016: Ord. 4246 § 1 (part), 2010)

Article VI. Submittal Documents

21.06.270 General.

Submittal documents consisting of construction documents, statement of special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the state of Washington. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this chapter. (Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)

21.06.275 Information on construction documents.

Construction documents shall be dimensioned and submitted electronically through the city’s permitting portal. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and relevant laws, ordinances, rules and regulations. The plans must include the relevant items listed in this section and any other information or documents deemed necessary by the building official.

(1) Building.

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

(B) Means of Egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this chapter. In occupancies within the scope of the International Building Code, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

(C) Exterior Wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this chapter. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistant barrier and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.

Exception: Subject to the approval of the building official, one- and two-family dwellings and private garages may be exempt from the detailing requirements of this section.

(D) Building Enclosure Design Requirements of Chapter 64.55 RCW. Building enclosure design documents of new or rehabilitated multifamily buildings that are subject to regulations of Chapter 64.55 RCW must be submitted at the time of permit application. All applications for building construction or rehabilitation shall include design documents prepared and stamped by an architect or engineer that identify the building enclosure (building enclosure documents), including, but not limited to, waterproofing, weatherproofing and/or otherwise protected from water or moisture intrusion, unless a recorded irrevocable sale prohibition covenant is submitted to the city.

The city is prohibited from issuing a permit for construction or rehabilitative construction unless the building enclosure documents contain a stamped statement by the person stamping the building enclosure design documents in substantially the following form: “The undersigned has provided building enclosure documents that in my professional judgment are appropriate to satisfy the requirements of RCW 64.55.005 through 64.55.090.” The city is not responsible for determining whether the building enclosure design documents or the inspections performed are adequate or appropriate to satisfy the requirements of the act.

(E) Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, significant trees, distances from lot lines, easements, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1 of the IBC; in the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.

(F) Structural Information. For structures designed to the IBC, the construction documents shall provide the information specified in Section 1603. For structures designed to the IRC, buildings and structures utilizing braced wall design, and where required by the building official, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom shall be provided.

(G) Information for Structures Located in Wildland-Urban Interface Areas. In addition to the above requirements, site plans shall include topography, width, and percent of grade of access roads, landscape and vegetation details, locations of structures or building envelopes, existing or proposed overhead utilities, occupancy classification of buildings, types of ignition-resistant construction of buildings, structures, and their appendages, roof classification of buildings, and site water supply systems. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.

(2) Electrical.

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

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

(ii) All services or feeders rated one thousand six hundred amperes or larger;

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

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

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

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

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

(E) Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures and equipment and distances from lot lines.

(F) Plan Review Required. Electrical plan review is required for all new or altered electrical projects in the following occupancies and/or installations.

Exception: Subject to the approval of the building official, electrical plan review is not required for the occupancies and/or installations listed below when the scope of work is for conduit(s) only and electrical plans for the project have been submitted for review.

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

a. Hospital;

b. Nursing home unit or long-term care unit;

c. Boarding home;

d. Assisted living facility;

e. Private alcoholism hospital;

f. Alcoholism treatment facility;

g. Private psychiatric hospital;

h. Maternity home;

i. Ambulatory surgery facility;

j. Renal hemodialysis clinic;

k. Residential treatment facility for psychiatrically impaired children and youth;

l. Adult residential rehabilitation center;

m. Educational facilities;

n. Institutional facilities.

Exception: Electrical plan review is not required for the above educational, institutional, or health care facilities/buildings where:

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

b. Low voltage systems;

c. Modification to existing electrical installations where all of the following conditions are met:

1. Service or distribution equipment involved is rated less than one hundred amperes;

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

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

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

d. Stand-alone utility fed services that do not exceed one hundred amperes where the project’s distribution system does not include:

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

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

3. A required fire pump system.

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

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

(iv) All commercial generator installations or alterations.

(v) All work in areas determined to be hazardous (classified) locations by the NEC.

(vi) If fifty percent or more of luminaires change in a space enclosed by walls or ceiling-height partitions.

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

(viii) Wind-driven generators.

(ix) Solar photovoltaic systems.

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

(xi) Temporary electrical services exceeding four hundred amps.

(3) Plumbing. Plans must be submitted for review and approval whenever the work exceeds the thresholds shown on the MyBuildingPermit.com tipsheet.

(4) Mechanical. Plans must be submitted for review and approval whenever the work exceeds the thresholds shown on the MyBuildingPermit.com tipsheet.

(5) Relocatable Buildings. Construction documents for relocatable buildings shall comply with Section IBC 3113.

(6) Storm Shelters. Construction documents for storm shelters shall include the information required in ICC 500. (Ord. 4848 § 15, 2024; Ord. 4638 § 2, 2018; Ord. 4524 § 23, 2016: Ord. 4486 § 3, 2015; Ord. 4410 § 5, 2013: Ord. 4246 § 1 (part), 2010: Ord. 4208 § 2 (part), 2009: Ord. 4099 § 2 (part), 2007: Ord. 3946 § 1 (part), 2004)