Chapter 12.05 CONSTRUCTION ADMINISTRATIVE CODE

These regulations shall be known as the Construction Administrative Code of the Town of Woodway, hereinafter referred to as "this chapter." (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.015 Purpose.

The purpose of this chapter is to provide for the administration, organization and enforcement of the technical codes adopted by the Town. (Ord. 21-626 § 1 (Exh. A), 2021)

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 Town. The provisions of this chapter shall apply to the administration of the following technical codes:

A. 2021 International Building Code--Chapter 51-50 WAC;

B. 2021 International Residential Code--Chapter 51-51 WAC;

C. 2021 International Mechanical Code--Chapter 51-52 WAC;

D. 2021 National Fuel Gas Code (NFPA 54)--Chapter 51-52 WAC;

E. 2020 Liquefied Petroleum Gas Code (NFPA 58)--Chapter 51-52 WAC;

F. 2021 International Fuel Gas Code--Chapter 51-52 WAC;

G. 2021 Uniform Plumbing Code--Chapters 51-56 and 51-57 WAC;

H. 2021 Washington State Energy Code--Chapters 51-11C and 51-11R WAC;

I. 2021 International Existing Building Code--WAC 51-50-480000;

J. 2021 International Swimming Pool and Spa Code--WAC 51-50-3109 and 51-51-0329;

K. Woodway Property Maintenance Code--Chapter 12.30. (Ord. 24-655 § 1, 2024; Ord. 21-626 § 1 (Exh. A), 2021)

12.05.025 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. Words used in the masculine gender include the feminine and the feminine the masculine.

"Action" means a specific response complying fully with a specific request by the jurisdiction.

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

"Complete response" means an adequate response to all requests from Town staff in sufficient detail to allow the application to be processed.

"Energy code" means the International Energy Conservation Code promulgated by the International Code Council as adopted by the Town.

"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.

"IBC" means the latest edition of the International Building Code promulgated by the International Code Council as adopted by the Town.

"IEBC" means the latest edition of the International Existing Building Code promulgated by the International Code Council.

"IMC" means the latest edition of the International Mechanical Code promulgated by the International Code Council as adopted by the Town.

"IRC" means the latest edition of the International Residential Code promulgated by the International Code Council as adopted by the Town.

"ISPSC" means the latest edition of the International Swimming Pool and Spa Code promulgated by the International Code Council as adopted by the Town.

"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.

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

"Shall," as used in this chapter, is mandatory.

"Technical codes" means the codes, appendices and referenced code standards adopted by the jurisdiction.

"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.

"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, 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.

"WMC" means the Woodway Municipal Code.

"WPMC" means the Woodway Property Maintenance Code. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.030 Appendices.

Provisions in the appendices of the technical codes shall not apply unless specifically adopted. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.035 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 facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards attributed to the built environment and to provide a reasonable level of safety to firefighters and emergency responders during emergency operations. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.040 Referenced codes.

The codes listed in Sections 12.05.045 through 12.05.078 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. 21-626 § 1 (Exh. A), 2021)

12.05.045 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:

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

B. Roads, bridges, sidewalks, drainage structures, retaining walls, street lighting poles, traffic signal poles, and similar structures regulated, approved and inspected by the Town’s Public Works Department.

C. Electrical transmission towers and telephone poles (not including cell towers) under the control of a utility. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.050 International Residential Code--Scope and general requirements.

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:

A. 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. Fire suppression 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. A care facility with five or fewer persons receiving care that are 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. 24-655 § 2, 2024; Ord. 21-626 § 1 (Exh. A), 2021)

12.05.055 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:

A. The International Fuel Gas Code--for all installations utilizing natural gas and gaseous hydrogen except those regulated by the IRC and those utilizing LPG.

B. International Residential Code--for all structures regulated by the IRC except LPG installations.

C. NFPA 54 and 58--for all LPG installations. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.060 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. 21-626 § 1 (Exh. A), 2021)

12.05.065 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. 21-626 § 1 (Exh. A), 2021)

12.05.070 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 Town. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.071 Property maintenance--Scope.

The provisions of the Woodway 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. 21-626 § 1 (Exh. A), 2021)

12.05.075 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. 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. 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. 24-655 § 3, 2024; Ord. 21-626 § 1 (Exh. A), 2021)

12.05.076 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.

Exception:

Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (Ord. 24-655 § 4, 2024; Ord. 21-626 § 1 (Exh. A), 2021)

12.05.078 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):

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

B. For the sole use of residents and invited guests of a duplex owned by the residents; or

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

All other "water recreation facilities" as defined in RCW 70.90.110 are regulated under Chapters 246-260 and 246-262 WAC. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE II--APPLICABILITY

12.05.090 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 a 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. Additions, alterations, modifications or repairs to a building or structure or to the 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. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.095 Other laws.

The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.100 Application of references.

References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this chapter. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.105 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. 21-626 § 1 (Exh. A), 2021)

12.05.110 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. 21-626 § 1 (Exh. A), 2021)

12.05.116 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:

A. The original occupancy classification is not changed; and

B. 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. 21-626 § 1 (Exh. A), 2021)

ARTICLE III--BUILDING DEPARTMENT

12.05.120 Creation of enforcement agency.

The Building Department shall be responsible for enforcement of the construction codes, under the administrative and operational control of the Building Official, who shall be designated by the Mayor; provided, the Fire Marshal or his or her designee shall be responsible for enforcement of the International Fire Code. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.130 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. 21-626 § 1 (Exh. A), 2021)

ARTICLE IV--DUTIES AND POWERS OF BUILDING OFFICIAL

12.05.135 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. 21-626 § 1 (Exh. A), 2021)

12.05.140 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. 21-626 § 1 (Exh. A), 2021)

12.05.145 Notices and orders.

The Building Official shall issue all necessary notices or orders to ensure compliance with this chapter and the technical codes. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.147 Tagging of buildings.

Following a Town of Woodway-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. 21-626 § 1 (Exh. A), 2021)

12.05.150 Inspections.

The Building Official or the Building Official’s designee 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. 21-626 § 1 (Exh. A), 2021)

12.05.155 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. 21-626 § 1 (Exh. A), 2021)

12.05.160 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. 21-626 § 1 (Exh. A), 2021)

12.05.165 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. 21-626 § 1 (Exh. A), 2021)

12.05.170 Liability.

A. 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.

B. 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. 21-626 § 1 (Exh. A), 2021)

12.05.175 Approved materials and equipment.

Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.180 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. 21-626 § 1 (Exh. A), 2021)

12.05.185 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. 21-626 § 1 (Exh. A), 2021)

12.05.190 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 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. 21-626 § 1 (Exh. A), 2021)

12.05.195 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. 21-626 § 1 (Exh. A), 2021)

12.05.200 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. 21-626 § 1 (Exh. A), 2021)

ARTICLE V--PERMITS

12.05.205 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 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. 21-626 § 1 (Exh. A), 2021)

12.05.215 Work exempt from permit.

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

B. Permit exemptions shall not apply to areas of flood hazard or on those specific portions of lots, tracts or parcels that contain critical areas and their associated buffers.

C. Permits shall not be required for the following:

1. Building.

a. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses; provided, that the floor area does not exceed one hundred twenty square feet and the top of the roof does not exceed twelve feet in height above the grade plane.

b. Retaining walls that 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.

c. 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.

d. 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.

e. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work; provided, that existing accessibility features are not altered.

f. Prefabricated swimming pools accessory to a one- and two-family dwelling or a Group R-3 occupancy which are less than twenty-four inches deep, installed entirely above ground, and the capacity does not exceed five thousand gallons.

g. Swings, slides, and other similar playground equipment.

h. 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.

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

j. In-kind re-roofing of one- and two-family dwellings, provided not more than ten percent of the roof sheathing is removed or replaced.

k. Interior fences less than six feet high as defined in Section 14.08.105(C).

l. 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.

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

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

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

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

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

r. 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.

s. Flag and light poles that do not exceed twenty feet in height.

t. Decking replacement on decks without changing or adding any other structural members or removing guardrails.

u. Tree houses allowed under Title 14 of this code.

D. Demolition.

1. Partial demolition of a structure that is included within the scope of a valid building permit.

2. When the structure being demolished covers less than two hundred fifty square feet of ground surface and is supported at grade.

E. Mechanical.

1. Portable heating, cooking, or clothes drying appliances.

2. Portable ventilation equipment.

3. Portable cooling unit.

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

5. Replacement of any part which does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

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

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

F. Plumbing.

1. Replacement of a water heater with one of a similar type; provided, however, the Town will conduct an inspection upon request. The inspection fee shall be as set forth in Section 3.32.010.

2. Installation of backflow prevention assemblies that are inspected by Olympic View Water and Sewer District.

3. 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, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this chapter.

4. 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 the replacement or rearrangement of valves, pipes or fixtures.

5. Reinstallation or replacement of prefabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.220 Emergency repairs.

Where equipment replacements and equipment repairs must be performed in an emergency situation, the permit application shall be submitted within three business days to the Building Official. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.225 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. 21-626 § 1 (Exh. A), 2021)

12.05.230 Application for permit.

To obtain a permit, the applicant shall first submit the required plan review fees and a complete application on a form furnished by the Building Department for that purpose. Such application shall include:

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

B. The use and occupancy for which the proposed work is intended.

C. The street address of the property, if available.

D. Either the:

1. Tax parcel number; or

2. Legal description of the property upon which the project is located.

E. The property owner’s name, address, and phone number.

F. All contractors’ business names, addresses, phone numbers, current state contractor registration numbers, and Woodway business license information.

G. The valuation of the proposed work.

H. Proof of a potable water supply for buildings requiring potable water.

I. Add something referencing sewer or septic.

J. Construction documents and other information as required in Article VI of this chapter.

K. Assignment of agent for all applications not submitted by the property owner.

L. Hold harmless, signed by contractor and property owner.

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

M. For building projects valued at over five thousand dollars, either:

1. The name, address and phone number of the office of the lender administering the interim construction financing, if any; or

2. The name, address and phone number of the office of the lender administering the interim construction financing, if any; or 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.

N. For demolition permits:

1. Description of removal method of demolition material (refuse), including plans for protection of public safety and protection of public property from refuse spills, and for cleanup in case of spills;

2. Description of plans for filling or capping holes and excavations, and for removing above-grade obstructions. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.240 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 Town, may be accepted by the Town; 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. 21-626 § 1 (Exh. A), 2021)

12.05.245 Time limitation of application.

Building, plumbing, and mechanical permit applications shall expire eighteen months after the date of filing a complete application.

A. The Building Official may extend the application thirty days upon request of the applicant. The Building Official may extend the life of an application further if any of the following conditions exist:

1. A related land use or grading and drainage review is in progress; provided the applicant has submitted a complete, timely response to Town 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 a final Town decision; or

2. Litigation against the Town or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.247 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 Town with the contractor’s registration number and Woodway business license number and any other information determined necessary by the Town to allow verification that such contractor is currently registered as required by law. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.248 Vesting of construction codes.

A permit application shall be vested to the construction codes and construction administrative codes that are in effect when the complete building permit application is submitted. The completeness of a building permit application shall be determined by the Building Official. The Town has the authority to establish policies and procedures for establishing the requirements of a complete application. Plan review fees are required to be paid for complete applications. Payment of these fees may be delayed up to five business days without affecting the vesting date when the application is submitted electronically. For mechanical, plumbing and fire permit applications related to the scope of work identified in a building permit application, all applicable construction codes adopted and in force at the time of filing of the complete building permit application will apply. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.250 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 Town 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. 21-626 § 1 (Exh. A), 2021)

12.05.255 Permit expiration.

A. Demolition permits issued under the provisions of this code shall expire ninety days from issue date, but may be extended for additional thirty-day periods, upon application to the Building Official.

B. Building permits issued under the provisions of this code shall expire eighteen months from the date of issue.

1. One six-month extension may be granted by the Building Official upon written request.

2. The Building Official also may grant an extension not to exceed one year due to a declared federal, state, or local emergency applicable to the Town when the need for an additional extension of time over six months results from the circumstances and term of the declared emergency.

3. The Building Official may also grant an extension when litigation against the Town or permit holder is in progress, the outcome of which may affect the validity, approval, provisions, or conditions of the permit.

C. Mechanical, plumbing and fire permits issued under the provisions of this code expire as follows:

1. Mechanical, plumbing, and fire permits associated with a building permit shall expire with the building permit and must be extended individually with the building permit.

2. Mechanical, plumbing, and fire permits not associated with a building permit expire six months from issue date.

D. The fee for a permit extension shall be as set forth in Section 3.32.010.

E. It is a violation of this chapter to allow a permit to expire without first obtaining an approved final inspection. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.260 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. 21-626 § 1 (Exh. A), 2021)

12.05.265 Placement of permit.

The building permit or copy shall be kept on the site of the work until the completion of the project. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE VI--SUBMITTAL DOCUMENTS

12.05.270 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. 21-626 § 1 (Exh. A), 2021)

12.05.275 Information on construction documents.

Construction documents shall be dimensioned and submitted electronically. Construction documents printed on suitable material are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that 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.

A. Building.

1. 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.

2. 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.

3. 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 membrane 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 their accessory structures may be exempt from the detailing requirements of this section.

4. 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 Town.

The Town 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 Town 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.

5. 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, critical areas, 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.

6. Structural Information. For structures designed to the IBC, the construction documents shall provide the information specified in Section 1603 of the IBC. 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.

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

C. Mechanical. Plans must be submitted for review and approval whenever the work exceeds the thresholds shown on the MyBuildingPermit.com tipsheet. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.330 Use of consultants.

Whenever review of a building permit application requires retention by the jurisdiction for professional consulting services, the applicant may be required to reimburse the jurisdiction the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The jurisdiction may require the applicant to deposit an amount with the jurisdiction estimated in the discretion of the Building Official to be sufficient to cover anticipated costs to retaining professional consultant services and to ensure reimbursement for such costs. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.333 Examination of documents.

The Code Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this chapter and other pertinent laws or ordinances. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.335 Approval of construction documents.

When the Building Official issues a permit, the construction documents shall be approved, in writing, label or by stamp, as "Reviewed By" or other similar words. One set of construction documents so reviewed shall be retained by the Building Official either as a paper or electronic set. Another set shall be returned to the applicant, either as a paper or electronic set, and shall be kept at the site of work and shall be available for inspection by the Building Official or a duly authorized representative. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.340 Phased approval.

The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted; provided, that adequate information and detailed statements have been filed complying with pertinent requirements of the construction codes and the Construction Administrative Code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.345 Design professional in responsible charge--General.

Where it is required that documents be prepared by a qualified registered design professional, the Building Official shall be authorized to require the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner or the owner’s authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by Chapter 17 of the IBC, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.350 Deferred submittals.

For the purposes of this section, "deferred submittals" is defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a specified period. Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the design and submittal documents have been approved by the Building Official. The Building Official is authorized to charge an additional plan review fee to evaluate deferred submittals under the provisions of this section. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.355 Amended construction documents.

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. The Building Official may authorize minor field changes subject to the approval of the field inspector. Substantial changes may require a new permit be applied for and obtained as determined by the Building Official. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.360 Retention of construction documents.

One set of approved construction documents shall be retained by the Building Official for a period of not less than one hundred eighty days from date of completion of the permitted work, or as required by state or local laws. Before records are removed or destroyed, they must be assessed for additional retention/disposition requirements by the Town Public Records Officer. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.362 Determination of value or valuation.

The applicant for a permit shall provide an estimated permit value at time of application. The determination of value or valuation for any permit under any of the provisions of this chapter shall be that provided by the applicant or as determined by the Building Official, whichever is higher. When applicable, the valuation determinations by the Building Official will be made on the basis of the building valuation data table published by the International Code Council. The area referenced in the ICC valuation data table shall be the "gross area" which means the total areas of all floors, measured from the exterior face of the walls including basements, cellars, and balconies, but not including unexcavated areas. Where walls are omitted in the construction of a building, such as a carport or porch, the edge of the roof will be considered the exterior wall of the open side.

A. For building permits, the valuation will include the total value of all construction work, including labor and materials, 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. The Building Official may exempt unusually expensive equipment from the valuation of work.

B. The valuation for a building permit issued to complete the work of an expired permit shall be based upon the value of all work not completed under the previous permit, with a minimum valuation of six thousand dollars for each required remaining inspection. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE VII--TEMPORARY STRUCTURES AND USES

12.05.365 General.

The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty days. The Building Official is authorized to grant extensions for demonstrated cause. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.375 Conformance.

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this chapter as necessary to ensure the public health, safety and general welfare. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.380 Termination of approval.

The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE VIII--FEES

12.05.385 Payment of fees.

The fee for each permit shall be as set forth in Section 3.32.010, as now or hereafter amended. A permit shall not be valid until the fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.390 Schedule of permit fees.

On buildings, grading, structures, signs, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as set forth in Section 3.32.010. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.395 Plan review fees.

When submittal documents are required by Article VI of this chapter, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The Building Official may have the option to charge a deposit, in lieu of the full plan review fee, if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual inspection fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Article VI of this chapter, an additional plan review fee shall be charged at the rate as set forth in Section 3.32.010. A new plan review fee may be charged if revisions to a plan are so extensive that a new plan review is required. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.410 Related fees.

The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.415 Refunds.

A. The Building Official may authorize refunding of not more than eighty percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

B. The Building Official may authorize refunding of not more than eighty percent of the permit fee paid when no work has been done under a permit issued in accordance with this chapter.

C. The Building Official shall not authorize a refund of any fee paid except on written application filed by the original permittee not later than one hundred eighty days after the date of payment of the fee. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE IX--INSPECTIONS

12.05.420 General.

A. Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this chapter or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

B. The Building Official is authorized to establish a self-certification program whereby certain installations, by approved contractors, will only be subject to spot inspections. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.425 Preliminary inspections.

Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.430 Manufacturer’s installation instructions.

Manufacturer’s installation instructions, as required by this chapter, shall be available on the job site at the time of inspection. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.435 Required inspections.

The Building Official, upon notification, shall make the inspections set forth in Sections 12.05.440 through 12.05.515. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.440 Footing and foundation inspection.

Footing and foundation inspections shall be made after poles or piers are set or trenches or basement areas are excavated and all required hold-down anchor bolts, hold-down straps, any forms erected, and any required reinforcing steel are in place and supported. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.445 Concrete slab and under-floor inspection.

Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, slab insulation, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.450 Lowest floor elevation.

In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612.5 or IRC Section R324 shall be submitted to the Building Official. FEMA flood elevation certificates shall contain an original stamp and signature of the surveyor, licensed by the state of Washington, and shall document the elevation of the lowest floor, including basement, and other information required by the flood elevation certificate. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.455 Exterior wall sheathing inspection.

Exterior wall sheathing shall be inspected after all wall framing is complete, strapping and nailing is properly installed, but prior to being covered. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.465 IMC/UPC/Gas rough in inspection.

Rough in mechanical, gas piping and plumbing shall be inspected when the rough in work is complete and, if required, under test. No connections to primary utilities shall be made until the rough in work is inspected and approved. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.470 Frame inspection.

Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, fire suppression piping, heating wires, pipes and ducts are approved and the building is substantially dry. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.500 Reinspection.

The Building Official may require a structure or portions of work to be reinspected. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which the inspection was requested is not complete; or when previous corrections called for are not made; or when the approved plans and permit are not on site in a conspicuous or preapproved location; or when the building is not accessible. In instances where reinspection fees have been assessed, no additional inspection of the work shall be provided by the Town until the required fees are paid. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.505 Other inspections.

In addition to the inspections specified above, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this chapter and other laws that are enforced by the Building Department. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.510 Special inspections.

In addition to the inspections specified above, the Building Official is authorized to make or require special inspections for any type of work related to the technical codes by an approved agency at no cost to the jurisdiction. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.512 Building enclosure special inspection requirements of Chapter 64.55 RCW.

Chapter 64.55 RCW requires affected multiunit residential buildings to provide a building enclosure inspection performed by a third-party, independent, and qualified inspector during the course of initial construction and during rehabilitative construction. The Town does not verify the qualifications of the inspector or determine whether the building enclosure inspection is adequate or appropriate. However, the Town is prohibited from issuing a certificate of occupancy for the building until the inspector prepares a report and submits to the Building Department a signed letter certifying that the building enclosure has been inspected during the course of construction or rehabilitative construction and that the construction is in substantial compliance with the building enclosure design documents. See Section 107.2.4.1, Building enclosure design requirements, of Chapter 64.55 RCW for additional requirements. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.515 Final inspection.

The final inspection shall be made after all work required by the permit(s) is completed. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.520 Inspection agencies.

The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.525 Inspection requests.

It shall be the duty of the permit holder or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that is required by this chapter. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.530 Approval required.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this chapter. Any portions that do not comply shall be corrected within the time frame established by the Building Official and such portion shall not be covered or concealed until authorized by the Building Official. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE X--CERTIFICATE OF OCCUPANCY

12.05.535 Use and occupancy.

A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this chapter or of other ordinances of the jurisdiction.

Exceptions:

A. Work exempt from permits per Section 12.05.215.

B. For single-family dwellings and their accessory structures, the Building Official or the Building Official’s designee may waive the certificate of occupancy requirement when occupancy of the house can be maintained due to the continuation of code-required structural systems, heating, sanitation, and cooking facilities. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.540 Certificate issued.

A. After the Building Official or Building Official’s designee inspects the building or structure and:

1. Finds no violations of the provisions of this chapter or other laws that are enforced by the Building Department; and

2. All associated permits have received a final inspection approval and/or construction approval;

B. Then the Building Official shall issue a certificate of occupancy that contains the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner or the owner’s authorized agent.

4. A description of that portion of the structure for which the certificate is issued.

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

6. The name of the Building Official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy.

9. The type of construction.

10. The design occupant load, where applicable.

11. If an automatic sprinkler system is provided, and whether the sprinkler system is required and for what reason.

12. Any special stipulations and conditions of the building permit, where applicable. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.545 Phased occupancy.

The Building Official is authorized to issue a phased certificate of occupancy before the completion of the entire work covered by the permit; provided, that such portion or portions shall be occupied safely. The Building Official is authorized to require, in addition to the completion of life safety building components, any or all accessibility components. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.550 Revocation.

The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that there is a violation of the conditions of the permit, any ordinance or regulation, or any of the provisions of this chapter, or failure. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE XI--SERVICE UTILITIES

12.05.555 Connection of service utilities.

A person shall not make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this chapter for which a permit is required, until approval is given by the Building Official. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.560 Temporary connection.

The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.565 Authority to disconnect service utilities.

The Building Official shall have the authority to require disconnection of utility service to the building, structure or system regulated by this chapter and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property, or where such utility connection has been made without the required approval. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system, of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE XII--APPEALS

12.05.570 Appeals to Hearing Examiner.

Appeals of orders, decisions and determinations of the Building Official that do not constitute enforcement actions shall be heard and decided by the Town of Woodway Hearing Examiner pursuant to Chapter 2.56 of this code. Enforcement actions shall be brought pursuant to the provisions of Chapter 1.12 or 1.14 of this code. To the extent the codes adopted by reference in this title refer to a "Board of Appeals" or a "Building Board of Appeals," those references shall be deemed to refer to the Town of Woodway Hearing Examiner. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.572 Limitations on appeals.

An appeal under this chapter shall be based on a claim that this chapter or the technical codes have been incorrectly interpreted, that the provisions of this chapter or the technical codes do not apply or that an equally good or better form of construction, method of protection or safety is proposed.

The Hearing Examiner shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Hearing Examiner be empowered to waive requirements of this code. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.574 When to appeal.

An appellant shall file a written appeal of the order, decision, or determination of the Building Official with the Woodway Building Department within thirty days of the date of the decision of the Building Official. Failure to timely file the appeal shall result in dismissal of the appeal. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.575 Appeal fee.

The appeal fee shall be as set forth in Section 3.32.010 and shall accompany the written appeal. Failure to timely pay the appeal fee shall result in dismissal of the appeal. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.576 Contents of notice of appeal.

The appeal shall contain a clear reference to the matter being appealed and a statement of the specific elements of the Building Official’s order, decision or determination disputed by the appellant. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.578 Notice of the appeal hearing.

A. The Building Official shall prepare a notice of the appeal hearing containing the following:

1. The file number and a brief description of the matter being appealed;

2. A statement of the scope of the appeal including a summary of the elements of the Building Official’s order, decision or determination that are contested in the appeal;

3. The time and place of the hearing on appeal before the Hearing Examiner; and

4. A statement of who may participate in the appeal.

B. At least fourteen days before the hearing on the appeal, the Building Official shall send a copy of the notice of appeal hearing to each person who has appealed the Building Official’s order, decision or determination. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.580 Participation in the appeal.

Only those parties who have appealed the Building Official’s order, decision or determination may participate in the appeal. Appellants may participate in either or both of the following ways:

A. By submitting written comments or testimony to the hearing examiner prior to the commencement of the hearing; or

B. By appearing in person, or through a representative, at the hearing. The Hearing Examiner may reasonably limit the extent of oral testimony or oral argument to facilitate the orderly and timely conduct of the hearing. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.582 Scope of appeal.

The appeal will be an open record appeal hearing. The scope of the appeal is limited to the specific elements of the Building Official’s order, decision or determination disputed by the appellant and the hearing examiner shall only consider comments, testimony and arguments on these specific elements. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.584 Record of appeal hearing.

The Town shall make an electronic sound recording of the hearing. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.586 Decision on the appeal.

The Hearing Examiner shall consider all information and material within the scope of the appeal submitted by persons entitled to participate in the appeal. Based on the Hearing Examiner’s findings and conclusions, the Hearing Examiner may affirm, reverse or modify the order, decision or determination being appealed. The Hearing Examiner shall issue his or her decision within fifteen days of the appeal hearing. Within four business days after it is issued, the Hearing Examiner’s decision shall be mailed to the applicant and to each person who has requested notice of the decision. The decision by the Hearing Examiner is the final decision of the Town. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.588 Judicial review.

Any judicial appeal of the Hearing Examiner’s decision shall be reviewed in Snohomish County Superior Court pursuant to Chapter 36.70C RCW, the Land Use Petition Act ("LUPA"). The land use petition must be filed within twenty-one calendar days of the issuance of the Hearing Examiner’s decision. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE XIII--VIOLATIONS

12.05.590 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this chapter, or cause same to be done, in conflict with or in violation of any of the provisions of this chapter or the technical codes. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.600 Violations and enforcement.

In addition to the remedies provided for in this chapter and remedies that may otherwise be available at law, any violation of this title, including codes adopted by reference, may be enforced against pursuant to the provisions of Chapter 1.12 or Chapter 1.14 of this code. (Ord. 21-626 § 1 (Exh. A), 2021)

ARTICLE XIV--STOP WORK ORDER

12.05.610 Authority.

Whenever the Building Official finds any work being performed in a manner contrary either to the provisions of this chapter, any of the technical codes or other pertinent laws or ordinances, the Building Official is authorized to issue a stop work order. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.615 Issuance.

A. The stop work order shall be in writing and shall be posted on the subject property or be served on persons engaged in any work or activity in violation of the provisions of this title except for Chapter 12.13 of this code. The effect of such a stop work order shall be to require the immediate cessation of such work or activity until authorized by the Mayor or Code Enforcement Officer to proceed.

B. The stop work order shall state:

1. The reason for the order; and

2. The conditions under which the cited work will be permitted to resume. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.620 Stop work order fee.

The Building Official is authorized to assess a stop work order fee for the issuance of a stop work order. The stop work order fee shall be as set forth in Section 3.32.010. (Ord. 21-626 § 1 (Exh. A), 2021)

12.05.625 Unlawful continuance.

Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties under Section 12.05.600. (Ord. 21-626 § 1 (Exh. A), 2021)