Chapter 14.04 TECHNICAL BUILDING CODES

The purpose of the Kitsap County Building and Fire Code is to regulate construction and or development of site work within the unincorporated boundaries of Kitsap County. Further it is the purpose of this chapter to adopt locally state mandated laws and codes regulating construction in order to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public as a whole by enforcement of building codes throughout this jurisdiction.

It is also the purpose of this chapter, through enforcement of referenced codes, to regulate the safe and proper function of elements of a site or site improvement work and essential systems of a building including: plumbing and sanitation, water conservation, heating, air conditioning, ventilation, energy efficiency, fire suppression systems, alarm systems, and fire department access.

Provided, notwithstanding anything in this chapter or in the codes adopted by this ordinance to the contrary, this ordinance establishes duties owed to the public as a whole and not any duties to protect any person or class of persons.

(Ord. 323 (2004) § 2, 2004: Ord. 224 (1998) § 1.2, 1998)

14.04.030 Kitsap County amendment or additional language format.

Kitsap County amendments or additional sections contained within this chapter shall retain the same code section designations as the original documents or similar numbering and section designations in order to produce a user-friendly document.

(Ord. 323 (2004) § 3, 2004: Ord. 224 (1998) § 1.3, 1998)

14.04.040 Referenced codes.

Pursuant to and by the authority of RCW 19.27, RCW 43.22, RCW 36.32, RCW 36.43, RCW 36.70A, and RCW 70.77, the following codes and standards are adopted by reference and are amended as shown in Sections 14.04.230 through 14.04.930.

A. The International Building Code (2006 Edition), published by the International Code Council, and amended by the Washington State Building Code Council in WAC 51-50, together with:

Appendix C, Agricultural Buildings;

Appendix E, Supplemental Accessibility Requirements;

Appendix G, Flood-Resistant Construction;

Appendix J, Grading;

This shall be known hereafter as the “International Building Code” or the “IBC.”

B. The International Residential Code (2006 Edition), published by the International Code Council, and amended by the Washington State Building Code Council in WAC 51-51, together with:

Appendix E, Manufactured Housing Used As Dwellings;

Appendix G, Swimming Pools, Spas and Hot Tubs;

Appendix J, Existing Buildings and Structures;

This shall be known hereafter as the “International Residential Code” or the “IRC.”

C. The International Mechanical Code (2006 Edition), published by the International Code Council, and amended by the Washington State Building Code Council in WAC 51-52, together with:

The International Fuel-Gas Code (2006 Edition), published by the International Code Council.

This shall be known hereafter as the “International Mechanical Code” or the “IMC.”

D. The International Fire Code (2006 Edition), published by the International Code Council, and amended by the Washington State Building Code Council in WAC 51-54; and as adopted and amended herein, together with:

Appendix B, Fire Flow Requirements for Buildings;

Appendix F, Hazard Ranking;

Appendix G, Cryogenic Fluids – Weight and Volume Equivalents.

This shall be known hereafter as the “International Fire Code” or the “IFC.”

E. The Uniform Plumbing Code (2006 Edition), published by the International Association of Plumbing and Mechanical Officials, and amended by the Washington State Building Code Council in WAC 51-56 and 51-57, together with:

Appendix Chapter A, Recommended Rules for Sizing the Water Supply System;

Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems;

Appendix Chapter D, Sizing of Storm Water Drainage Systems;

Appendix Chapter I, Installation Standards.

But excluding Chapters 12 and 15; and

Those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-fired appliances as found in Chapter 5; and

Those portions of the code addressing building sewers.

This shall be known hereafter as the “Uniform Plumbing Code” or the “UPC.”

Any wording or reference to codes other than those established and adopted herein, shall mean the relevant International Codes, or Washington State Codes as adopted herein.

F. The Abatement of Dangerous Buildings Code, as set forth in Sections 14.04.850 through 14.04.880.

This shall be known hereafter as the “Abatement of Dangerous Buildings Code” or “DBC.”

G. The Washington State Energy Code as amended and published by the Washington State Building Code Council, WAC Chapter 51-11.

This shall be known hereafter as the “WSEC.”

H. The Washington State Ventilation and Indoor Air Quality Code as amended and published by the Washington State Building Code Council, WAC Chapter 51-13.

This shall be known hereafter as the “VIAQ.”

I. The Washington State Historic Building Code (1991 Edition), as published by the Washington State Building Code Council, WAC Chapter 51-19.

J. The Washington State Manufactured Homes Installation Requirements, or Mobile Homes Installation Requirements. Pursuant to RCW 19.27 and RCW 43.22.440, the installation standards of WAC 296-150M together with the reference standards listed therein, are adopted as adopted and amended by the State of Washington.

K. The Washington State Factory Built Housing and Commercial Structures Installation Requirements, or Modular Installation Requirements. Pursuant to RCW 19.27 and RCW 43.22.455, the installation standards of WAC 296-150F together with the reference standards listed therein, are adopted as adopted and amended by the State of Washington.

(Ord. 391 (2007) § 1, 2007: Ord. 323 (2004) § 4, 2004: Ord. 280 (2002) § 2, 2002: Ord. 224-B (1999) § 1, 1999: Ord. 224 (1998) § 1.4, 1998)

14.04.050 Conflicts among codes.

In case of conflict among the above adopted codes, the codes adopted by reference in subsections (A) through (E) of Section 14.04.040 determine the hierarchy. The first-named code shall supersede and shall govern over those following, except as specifically described within WAC Chapters 51-11 through 51-57.

Wherever the adopted codes state the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever the adopted codes state the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever the adopted codes state the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

(Ord. 323 (2004) § 5, 2004: Ord. 224 (1998) § 1.5, 1998)

14.04.060 Administration and enforcement of code.

The Kitsap County department of community development is charged with the administration and enforcement of the Kitsap County Building and Fire Code. To this end, the director of the department of community development shall provide a system that will retain necessary personnel, conduct inspections and investigations, issue appropriate permits, maintain necessary records and files, and do, or cause to be done, all things necessary and proper for the administration and enforcement of the Kitsap County Building and Fire Code.

The building division of the department of community development is responsible for the administration and enforcement of the International Building Code, the International Residential Code, the International Mechanical Code, the International Fuel Gas Code, the Uniform Plumbing Code, the Washington State Energy Code, the Washington State Ventilation and Indoor Air Quality Code, the Washington State Historic Building Code, the Abatement of Dangerous Buildings Code, the Washington State Manufactured Homes Installation Requirements, and the Washington State Factory Built Housing and Commercial Structures Installation Requirements as adopted by this chapter.

The fire marshal division of the department of community development is responsible for the administration and enforcement of the International Fire Code as adopted by this chapter.

(Ord. 323 (2004) § 6, 2004: Ord. 224 (1998) § 1.6, 1998)

14.04.065 Violations.

Violations of this title are Class 1 civil infractions in accordance with Kitsap County Code Chapter 2.116, unless otherwise specifically identified as a misdemeanor.

(Ord. 391 (2007) § 2, 2007: Ord. 323 (2004) § 7, 2004)

14.04.070 Severability.

If any section, subsection, sentence, clause, phrase or provision in the Kitsap County Building and Fire Code, or its application to any person, entity or circumstances, is for any reason held invalid, the remainder of the Kitsap County Building and Fire Code, or the application of the provisions to other persons, entities or circumstances, shall not be affected.

(Ord. 323 (2004) § 8, 2004: Ord. 224 (1998) § 15, 1998)

14.04.080 Liberal construction.

The rule of strict construction shall have no application to the Kitsap County Building and Fire Code, but the same shall be liberally construed in order to carry out the purposes and objectives for which it is intended.

(Ord. 323 (2004) § 9, 2004: Ord. 224 (1998) § 16, 1998)

Article 2 – Definitions

14.04.090 Generally.

The definitions contained in the codes adopted by reference in Section 14.04.040 of this chapter, together with the definitions contained within the applicable RCW and WAC provisions shall apply to the enforcement of this chapter unless amended in this section.

Where terms, phrases and words 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, 1993 edition, shall be considered as providing ordinarily accepted meanings.

Because this article contains amended definitions or terms, a full alphabetical listing of definitions is not duplicated in this chapter. Where a term or phrase is defined in this section, the definition printed in this article amends the corresponding definitions in the codes or laws adopted by reference.

(Ord. 323 (2004) § 10, 2004: Ord. 224 (1998) § 2.0, 1998)

14.04.100 Definitions.

A. “Administrative authority” means the director of the department of community development or the designee of the director of the department of community development. The administrative authority is responsible for the enforcement and administration of the codes adopted by this chapter.

B. “Base flood elevation” shall mean the elevation of the base flood as defined in Kitsap County Code Section 15.08.050. Base flood elevation is the same as “design flood elevation,” also referred to as the “100-year flood” or “100-year flood plain elevation.” (Designations on FIRM maps always include the letters A or V.)

C. “Basic plan” means a blueprint or drawing used to obtain repetitive building permits.

D. “Bed and breakfast house” means a building arranged or used for lodging for compensation with four or less guest rooms, may include a morning meal, and is an owner-occupied single-family dwelling. A Bed and breakfast house is considered a R3 dwelling unit that is permitted to be constructed in accordance with the International Residential Code.

E. “Bed and breakfast boarding house” means a building arranged or used for lodging for compensation with five to ten guest rooms, may include a morning meal, and is an owner-occupied single-family dwelling. A bed and breakfast boarding house has a more intense use that is commercial in nature and is considered a R3 dwelling unit constructed in accordance with the International Building Code.

F. “Boarding house” means a building arranged or used for lodging for compensation, with or without meals, with any number of guest rooms and not occupied as a single-family unit; or an owner-occupied building with more than ten guest rooms. A boarding house is commercial in nature and is considered a R1 boarding house in accordance with the International Building Code.

G. “Building official” means the chief building official of the department of community development or the designee of the director of the department of community development. The building official is responsible for the operations of the building division of the department of community development.

H. “Chief” shall mean the fire code official or fire marshal of the department of community development or the designee of the director of the department of community development. The fire code official is responsible for the operations of the fire marshal division of the department of community development.

I. “Chief of police” or “police department” shall mean the Kitsap County sheriff.

J. “Code official” shall mean the chief building official of the department of community development for codes identified within Section 14.04.060 as having the building division responsible for their enforcement; or, the fire marshal for codes identified within Section 14.04.060 as having the fire marshal division responsible for their enforcement; or the designee of the director of the department of community development.

K. “Executive body” shall mean the Kitsap County Board of Commissioners.

L. “Fire department” shall mean the fire prevention bureau (Fire Marshal division) of the department of community development.

(Ord. 323 (2004) § 11, 2004: Ord. 224 (1998) § 2.1, 1998)

Article 3 – Fees and Fee Policies Established by Resolution

14.04.110 (Repealed)*

* Editor’s Note: Former Section 14.04.110, “Uniform Building Code plan review fees,” was repealed by § 3 of Ord. 280 (2002). Section 3.1 of Ord. 224 (1998) was formerly codified herein.

14.04.120 Kitsap County permit fees.

A. Kitsap County building permit fees and fee policies (including refund policies) shall be established by, and may be modified by, resolution. The resolution(s) shall include all building permit fee policies and fee schedules for the department of community development. The public participation process for adopting fee policies and the building permit fee schedule, by resolution, shall include a public hearing before the Kitsap board of county commissioners for any proposed change. Fees or fee policies established or modified by resolution shall occur during the scheduled Kitsap County annual and/or quarterly supplemental budget process. The resolution shall be available for public inspection in the department of community development.

One- and two-family dwellings and their accessory structures built in accordance with the IRC shall have a minimum valuation as determined from Table 1 of the most current Building Valuation Data table compiled by the International Code Council (ICC) and published in “Building Safety Journal” magazine. All other projects shall have a minimum valuation as determined from Table 1 of the most current Building Valuation Data table compiled by the International Code Council and published in “Building Safety Journal” magazine. Copies of the valuation criteria are available, upon request, at the department of community development.

B. Valuation based fees shall be as set forth below:

1. Permit Fee. All projects requiring a permit in accordance with any of the codes adopted in Section 14.04.040, other than those specifically described in subsection (C) of this section, shall have a permit fee based on the project’s valuation as established by resolution.

2. Plan Review Fee. When submittal documents are required in accordance with IBC Section 106 or IRC Section R106, a plan review fee shall be paid at the time of submitting the documents for plan review. The plan review fee is separate from, and in addition to, the permit fee as set forth above.

C. Miscellaneous fees shall be as set forth below:


Use of outside consultants (for plan checking and inspections, or both) shall have a fee equal to the actual costs.
Additional Review: Additional plan review required by changes, revisions, or addition to plans shall have a fee equal to hourly rate per hour or the total cost of the permit, whichever is less.
Reactivation Fee (<1yr.): To reactivate a permit after permit expiration, if within 1 year of expiration, the permit fee shall be as established by resolution provided no changes have been made, or will be made in the original plans and specifications for such work.
Reactivation Fee (>1yr.): To reactivate a permit any time after the permit has been expired for more than one year, a full permit fee shall be paid in the amount required for a new permit.
Reactivation Fee, Final Only: To reactivate a permit after permit expiration, to perform a final inspection only for a permit that previously had all required inspections approved other than the final inspection, a fee shall be paid as established by resolution.
Reinspection Fee: Whenever an inspection is requested but the project is not yet ready for inspection, or if access to the site is prevented, or if temporary silt and erosion control measures are not in place, a fee shall be paid of an hourly rate beginning with the third inspection for the same issue.
Investigation Fee: Whenever any work for which a permit is required by this code has commenced without first obtaining such permit, an investigation fee shall be paid in an amount equal to the permit fee for such project, in addition to the required plan review and permit fees.

(Ord. 440 (2009) § 3, 2009: Ord. 406 (2008) § 2, 2008: Ord. 391 (2007) § 3, 2007: Ord. 323 (2004) § 12, 2004: Ord. 280 (2002) § 4, 2002: Ord. 224 (1998) § 3.1.1, 1998)

14.04.125 Fee refunds.

The code official shall authorize fee refunds as established by resolution.

(Ord. 440 (2009) § 4, 2009: Ord. 323 (2004) § 13, 2004:)

14.04.130 (Repealed)*

* Editor’s Note: Former Section 14.04.130, “Valuation Determination,” was repealed by § 14 of Ord. 323 (2004). Section 5 of Ord. 280 (2002), and § 3.1.2 of Ord. 224 (1998) were formerly codified herein.

14.04.140 (Repealed)*

* Editor’s Note: Former Section 14.04.140, “UBC basic plan fee schedule,” was repealed by § 6 of Ord. 280 (2002). Section 3.2 of Ord. 224 (1998) was formerly codified herein.

14.04.150 (Repealed)*

* Editor’s Note: Former Section 14.04.150, “UMC 1997,” was repealed by § 15 of Ord. 323 (2004). Section 7 of Ord. 280 (2002), and § 3.3 of Ord. 224 (1998) were formerly codified herein.

14.04.160 (Repealed)*

* Editor’s Note: Former Section 14.04.160, “UMC fee exemption,” was repealed by § 8 of Ord. 280 (2002). Section 3.4 of Ord. 224 (1998) was formerly codified herein.

14.04.170 (Repealed)*

* Editor’s Note: Former Section 14.04.170, “UFC temporary structure fees,” was repealed by § 16 of Ord. 323 (2004). Section 9 of Ord. 280 (2002), and § 3.5 of Ord. 224 (1998) were formerly codified herein.

14.04.180 (Repealed)*

* Editor’s Note: Former Section 14.04.180, “Fireworks permit,” was repealed by § 17 of Ord. 323 (2004). Section 10 of Ord. 280 (2002), and § 3.6 of Ord. 224 (1998) were formerly codified herein.

14.04.190 (Repealed)*

* Editor’s Note: Former Section 14.04.190, “UPC 1997,” was repealed by § 11 of Ord. 280 (2002). Section 3.7 of Ord. 224 (1998) was formerly codified herein.

14.04.200 (Repealed)*

* Editor’s Note: Former Section 14.04.200, “Plumbing permit fee schedule,” was repealed by § 18 of Ord. 323 (2004). Section 12 of Ord. 280 (2002), and § 3.8 of Ord. 224 (1998) were formerly codified herein.

14.04.210 (Repealed)*

* Editor’s Note: Former Section 14.04.210, “Fees for the installation of manufactured homes, modular homes, and modular commercial buildings,” was repealed by § 19 of Ord. 323 (2004). Section 13 of Ord. 280 (2002), and § 3.9 of Ord. 224 (1998) were formerly codified herein.

14.04.220 (Repealed)*

* Editor’s Note: Former Section 14.04.220, “Procedures for the inspection of pre-fabricated construction,” was repealed by § 20 of Ord. 323 (2004). Section § 3.10 of Ord. 224 (1998) was formerly codified herein.

For manufactured and mobile home installation standards refer to Sections 14.04.900 – 14.04.930.

Article 4 – Building Code Amendments

14.04.230 General.

A. IBC Section 101.1 is amended as follows:

101.1 Title. These regulations shall be known as the Kitsap County Building Code, hereinafter referred to as “this code.”

B. IBC Section 101.2 is amended as follows:

101.2 Scope. The provisions of this 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 (town houses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code.

2. Detached single-family dwellings used as a Bed and Breakfast House shall comply with the International Residential Code.

C. IBC Section 101.4.1 is amended as follows:

101.4.1 Electrical. The provisions of the Electrical Code in accordance with RCW 19.28 and WAC 296-46B shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

D. IBC Section 101.4.4 is amended as follows:

101.4.4 Plumbing. The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the Kitsap County Code, Titles 9 and 13 shall apply to private sewage disposal systems.

E. IBC Section 101.4.5 is deleted and not adopted.

F. IBC Section 101.4.7 is amended as follows:

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

G. IBC Section 101.4 is amended by adding an additional subsection, 101.4.8 as follows:

101.4.8 Washington State Referenced Codes. Wherever the adopted codes state the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever the adopted codes state the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever the adopted codes state the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

(Ord. 391 (2007) § 4, 2007: Ord. 323 (2004) § 21, 2004: Ord. 280 (2002) § 14, 2002: Ord. 224 (1998) § 4.1, 1998)

14.04.235 Corrections.

Publishing or typographical error corrections as identified in Errata published by the International Code Council shall become part of this code as if contained herein.

(Ord. 323 (2004) § 22, 2004)

14.04.240 Permit required: Tenant permit – New building.

IBC Section 105 is amended by adding an additional section, 105.1.3 as follows:

105.1.3 Permit Required Prior to Occupancy, Shell Building. When a building is constructed with future tenant spaces intended to be finished or occupied at a later date, a separate building permit is required for each tenant space prior to any tenant occupancy.

EXCEPTION: Individual rental units of mini-storage buildings.

Upon approval of all required inspections and completion of the scope of the permit to finish or occupy the tenant space, a certificate of occupancy shall be issued.

The fee for issuance of a tenant permit to occupy new buildings shall be established by resolution.

(Ord. 440 (2009) § 11, 2009: Ord. 323 (2004) § 23, 2004: Ord. 280 (2002) § 15, 2002: Ord. 224 (1998) § 4.2, 1998)

14.04.250 Permit required: Tenant permit – Existing building.

IBC Section 105 is amended by adding a new section, 105.1.4 as follows:

105.1.4 Permit Required Prior to Occupancy, Existing Building. A building permit is required and shall be obtained prior to use or occupancy of an existing building or portion thereof.

EXCEPTIONS:

1. No tenant permit is required for the continuous occupancy or use of a building or portion thereof if there is no new construction or change in use, provided the building or portion thereof has previously obtained a building permit, has passed a final inspection, has been issued a certificate of occupancy, and has been continuously occupied in accordance with such permit and certificate of occupancy.

2. No tenant permit is required for occupancies in existence prior to the first adoption of the Uniform Building Code in Kitsap County, provided the original use or occupancy has been continuously maintained.

3. All R-3, and U occupancies.

4. Individual dwelling units of R-1 and R-2 occupancies.

5. Individual rental units of mini-storage buildings.

Upon approval of all required inspections and completion of the scope of the permit to finish or occupy the tenant space, a certificate of occupancy shall be issued.

The fee for issuance of a tenant permit to occupy existing buildings shall be established by resolution.

(Ord. 440 (2009) § 12, 2009: Ord. 323 (2004) § 24, 2004: Ord. 280 (2002) § 16, 2002: Ord. 224 (1998) § 4.3, 1998)

14.04.260 (Repealed)

* Editor’s Note: Former Section 14.04.260, “Certificate of occupancy,” was repealed by § 25 of Ord. 323 (2004). Section 17 of Ord. 280 (2002), and § 4.4 of Ord. 224 (1998) were formerly codified herein.

For certificate of occupancy regulations refer to Section 14.04.277.

14.04.265 Complete application.

IBC Section 105.3 is amended as follows:

105.3 Application for Permit. To obtain a permit, the applicant shall first file an application in writing on forms furnished by the Department of Community Development for such purposes. Such application shall:

1. Identify and describe the work to be covered by the permit for which an application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitively locate the proposed building or work, and shall include the property tax parcel number as assigned by the Kitsap County Tax Assessor.

3. Indicate the use and occupancy for which the work is intended.

4. Be accompanied by construction documents and other information as required by Section 106.3.

5. State the valuation of the proposed work.

6. Be signed by the applicant, or the applicant’s authorized agent.

7. Give such other data and information as required by the building official.

8. Be accompanied by a certificate of concurrency when required by this section and the provisions of the Kitsap County Transportation Facilities Concurrency Ordinance (Kitsap County Code Title 20), as now or hereafter amended. Unless specifically exempt from concurrency as specified in Kitsap County Code Title 20, a copy of the issued certificate of concurrency for the proposed development is required prior to the acceptance of all building permit applications.

9. Be accompanied by evidence of an adequate water supply and sewage disposal system by one of the following:

A. Upon building permit application, where parcels are serviced by on-site sewage disposal systems, an accepted building site application* or an accepted building clearance, approved by the Kitsap County Health District, is required for:

1. New construction.

2. Additions where there is an increase in the floor area which extends beyond the original exterior walls.

3. Alteration or remodeling where the total number of bedrooms is increased.

4. Change in use which results in an increase in the water/sewage volume or potential health risk.

5. An increase in occupant load served, except for U, R-3 and individual units of an R-1 occupancies.

* An application may be submitted with a preliminary building site application, which may be obtained from the health district. However, until an accepted building site application is received from the health district, a building permit application will not be complete.

B. Upon building permit application, a sewer permit and an accepted building clearance approved by the Kitsap County Health District, are required for new single-family residences, new duplexes, new multi-family, and all commercial permits.

Pursuant to RCW 19.27.095 and RCW 19.27.097, and in addition to the requirements of IBC Section 106, no building permit application shall be complete unless or until evidence of an adequate water supply and evidence of an adequate sewage disposal system for the intended use of the building is provided from an approved agency for structures where plumbing fixtures are part of the proposed building permit application.

(Ord. 323 (2004) § 26, 2004: Ord. 280 (2002) § 19, 2002: Ord. 224-C (2000), 2000: Ord. 224 (1998) § 4.7, 1998)

14.04.268 Permit expiration.

IBC Section 105.5 is amended as follows:

105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection within 180 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration, and shall demonstrate good cause.

(Ord. 323 (2004) § 27, 2004)

14.04.270 (Repealed)*

* Editor’s Note: Former Section 14.04.270, “Basic plan system,” was repealed by § 5 of Ord. 391 (2007). Sections 18 of Ord. 280 (2002), § 4.5 of Ord. 224 (1998), and § 28 of Ord. 323 (2004) were formerly codified herein.

For basic plan system regulations refer to Section 14.04.520.

14.04.272 Building permit fees established by resolution.

IBC Section 108.2 is amended as follows:

108.2 Schedule of permit fees. The fees for building permits shall be as set forth in the Permit Fee Schedule as established by resolution.

(Ord. 440 (2009) § 13, 2009: Ord. 323 (2004) § 29, 2004)

14.04.277 Certificate of occupancy.

IBC Section 110 is amended by adding an additional subsection, 110.5 as follows:

110.5 Revised Certificate of Occupancy. If the information supplied as required by Section 110.2 changes, or there is a change of business ownership, a revised certificate of occupancy shall be requested and issued. It shall be the responsibility of the owner of the business to inform the Department of Community Development of the changes in order to maintain current and accurate information.

The fee for issuance of a revised certificate of occupancy shall be established by resolution.

(Ord. 440 (2009) § 14, 2009: Ord. 323 (2004) § 30, 2004)

14.04.280 (Repealed)

* Editor’s Note: Former Section 14.04.280, “Required inspection amendment,” was repealed by § 31 of Ord. 323 (2004). Section 4.6 of Ord. 224 (1998) was formerly codified herein.

14.04.285 Appeals.

IBC Section 112.1 is amended as follows:

112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the technical provisions of this code, there shall be a consolidated board of appeals in accordance with Article 15, Kitsap County Code Sections 14.04.950 through 14.04.990. Appeals of administrative provisions shall be in accordance with Kitsap County Code Chapter 21.04.

IBC Section 112.3 is deleted and is not adopted.

(Ord. 391 (2007) § 6, 2007: Ord. 323 (2004) § 32, 2004)

14.04.290 Complete application.

Pursuant to RCW 19.27.095 and RCW 19.27.097, and in addition to the requirements of UBC Section 106.3.1, no building permit application shall be complete unless or until evidence of an adequate water supply and evidence of an adequate sewage disposal system for the intended use of the building is provided from an approved agency for structures where plumbing fixtures are part of the proposed building permit application.

Evidence shall be one of the following:

A. Upon building permit application, where parcels are serviced by on-site sewage disposal systems, an accepted building site application* or an accepted building clearance is required for:

1. New construction.

2. Additions where there is an increase in the floor area which extends beyond the original exterior walls.

3. Alteration or remodeling where the total number of bedrooms is increased.

4. Change in use which results in an increase in the water/sewage volume or potential health risk.

5. An increase in occupant load served, except for U, R-3 and individual units of an R-1 occupancies.

B. Upon building permit application, a sewer permit and an accepted building clearance are required for new single-family residences, new duplexes, new multi-family, and all commercial permits.

(Ord. 280 (2002) § 19, 2002: Ord. 224-C (2000), 2000: Ord. 224 (1998) § 4.7, 1998)

14.04.295 Addressing.

IBC Section 501.2 is amended as follows:

501.2 Premises Identification. Approved numbers or addresses shall be provided for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Addresses shall be posted in accordance with Kitsap County Code Chapter 16.60.

(Ord. 323 (2004) § 33, 2004)

14.04.300 (Repealed)

* Editor’s Note: Former Section 14.04.300, “Certificate of concurrency,” was repealed by § 34 of Ord. 323 (2004). Section 4.8 of Ord. 224 (1998) was formerly codified herein.

For application requirements refer to Section 14.04.265.

14.04.308 Central monitoring stations.

A. IBC Section 901.6 is amended as follows:

901.6 Supervisory service. Where required, fire protection systems shall be monitored by an approved U.L.-listed central monitoring station in accordance with NFPA 72.

B. IBC Section 901.6.1 is amended as follows:

901.6.1 Automatic sprinkler systems. Automatic sprinkler systems shall be monitored by an approved U.L.-listed central monitoring station.

Exceptions:

1. A U.L.-listed central monitoring station is not required for automatic sprinkler systems protecting one- and two-family dwellings.

2. Limited area systems serving fewer than 20 sprinklers.

C. IBC 901.6.3 is amended as follows:

901.6.3 Group H. Manual fire alarm, automatic fire-extinguishing and emergency alarm systems in Group H occupancies shall be monitored by an approved U.L.-listed central monitoring station.

Exception: When approved by the building official, and the fire marshal, on-site monitoring at a constantly attended location shall be permitted provided that notifications to the fire department will be equal to those provided by an approved U.L.-listed central monitoring station.

(Ord. 323 (2004) § 35, 2004)

14.04.310 Installation requirements.

IBC Section 901.7 is amended as follows:

901.7 Fire Areas. Fire areas shall be defined as the total floor areas of all floor levels within the exterior walls, including mezzanines, as well as all areas under the horizontal projections of the roof of a building that are not enclosed by walls. For the purpose of this section, for determining fire extinguishing system requirements, fire walls shall not define separate buildings.

(Ord. 323 (2004) § 36, 2004: Ord. 224-A (1998) § 2, 1998: Ord. 224 (1998) § 4.8.1, 1998)

14.04.320 Fire extinguishing systems.

In order to provide clarity and to maintain consistency between the building code and the fire code, the modifications to the fire-sprinkler requirements of Sections 903.2 of the International Building Code, and 903.2 of the International Fire Code are located together in Article 7 below, in Section 14.04.780 of the Kitsap County Code.

(Ord. 323 (2004) § 37, 2004: Ord. 224-A (1998) §§ 1, 3, 1998: Ord. 224 (1998) § 4.8.2, 1998)

14.04.325 Fire alarm and detection systems.

A. In order to provide clarity and to maintain consistency between the building code and the fire code, the modifications to the fire-alarm requirements of Sections 907.2 of the International Building Code, and 907.2 of the International Fire Code are located together in Article 7 below, in Section 14.04.750 of the Kitsap County Code.

B. IBC Section 907.14 is amended as follows:

907.14 Monitoring. Where fire alarm systems are required by this chapter or by the International Fire Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems.

Exception: Supervisory service is not required for:

1. Single-and multiple-station smoke alarms required by Section 907.2.10.

2. Smoke detectors in Group I-3 occupancies.

3. Automatic sprinkler systems in one- and two-family dwellings.

(Ord. 323 (2004) § 38, 2004)

14.04.330 (Repealed)

* Editor’s Note: Former Section 14.04.330, “Damp-proofing foundations,” was repealed by § 39 of Ord. 323 (2004). Section 4.9 of Ord. 224 (1998) was formerly codified herein.

14.04.340 (Repealed)

* Editor’s Note: Former Section 14.04.340, “Reroofing,” was repealed by § 40 of Ord. 323 (2004). Section 4.10 of Ord. 224 (1998) was formerly codified herein.

For re-roofing provisions refer to Section 14.04.505, under “Work Exempt From Permit.”

14.04.405 Under-floor ventilation.

IBC Section 1203.3.2 is amended as follows:

1203.3.2 Exceptions. The following are exceptions to Sections 1203.3 and 1203.3.1:

1. Ventilation openings are not required where continuously operated mechanical ventilation is provided at a rate of 1.0 cubic feet per minute (cfm) for each 50 square feet of crawl-space floor area and the ground surface is covered with an approved vapor retarder.

2. Ventilation openings are not required when the ground surface is covered with an approved vapor retarder, the perimeter walls are insulated and the space is conditioned in accordance with the Washington State Energy Code.

3. For buildings in special flood hazard areas as established in Section 1612.3, the openings for under-floor ventilation shall be deemed as meeting the flood opening requirements of ASCE 24 provided the openings are designed and installed in accordance with ASCE 24, and are located no more than 12 inches above grade.

(Ord. 323 (2004) § 41, 2004)

14.04.415 Energy efficiency.

IBC Section 1301.1.1 is amended as follows:

1301.1.1 Criteria. Buildings shall be designed and constructed in accordance with the Washington State Energy Code.

(Ord. 323 (2004) § 42, 2004)

14.04.425 Flood hazard areas.

A. IBC Section 1612.2 is amended by adding an additional subsection, 1612.2.1, as follows:

1612.2.1 Definition conflicts. In the case of conflict between the definitions in Section 1612.2 and the definitions established in Kitsap County Code Chapter 15.08, the definitions in Kitsap County Code Chapter 15.08 shall govern.

B. IBC Section 1612.3 is amended as follows:

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for Kitsap County,” dated 1980, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The flood hazard maps and supporting data, adopted by Kitsap County Code Title 15, are declared to be a part of this section.

C. IBC Appendix G, Section G101.3, is amended as follows:

G101.3 Scope. The provisions of this appendix shall apply to all proposed development in a flood hazard area established in Kitsap County Code Title 15, and Section 1612 of this code, provided that in the case of conflict, the provisions of Kitsap County Code Title 15 shall govern.

D. IBC Appendix G, Section G105, is deleted and not adopted.

E. IBC Appendix G, Section G501, is deleted and not adopted.

F. IBC Appendix G, Section G601, is deleted and not adopted.

(Ord. 323 (2004) § 43, 2004)

14.04.435 Existing buildings.

A. IBC Section 3401.3 is amended as follows:

3401.3 Compliance with other codes. Alterations, repairs, additions, and changes of occupancy to existing structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy in the International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, the Plumbing Code and the Electrical Code.

B. IBC Section 3410.2 is amended as follows:

3410.2 Applicability. Structures existing prior to the implementation of building codes in Kitsap County (1974), in which there is work involving additions, alterations, or changes of occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3403 through 3407. The provisions in Sections 3410.2.1 through 3410.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in groups A, B, E, F, M, R, S, and U. These provisions shall not apply to buildings with occupancies in Group H or I.

(Ord. 323 (2004) § 44, 2004)

Article 5 – International Residential Code Amendments

14.04.501 IRC General.

A. IRC Section R101.1 is amended as follows:

R101.1 Title. These provisions shall be known as the Kitsap County Residential Code for One- and Two- Family dwellings, and will be referred to herein as “this code.”

B. IRC Section R102.4 is amended by adding an additional subsection, R102.4.1 as follows:

R102.4.1 Washington State Referenced Codes. Wherever this code states the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever this code states the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever this code states the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

(Ord. 323 (2004) § 46, 2004)

14.04.505 Work exempt from permit.

IRC Section R105.2 is amended by revising line number 1 under “Building” as follows:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet.

IRC Section R105.2 is further amended by adding new lines numbered 10 and 11 under “Building” as follows:

10. Roof covering replacement (re-roofing) provided the roof area does not exceed 2100 square feet (21 squares) and further provided the existing sheathing remains in place and no structural work is performed.

11. Wood framed, uncovered exterior decks, provided no portion of the deck exceeds 30 inches above grade.

(Ord. 391 (2007) § 7, 2007: Ord. 323 (2004) § 47, 2004)

14.04.515 Application for permit.

IRC Section R105.3 is amended as follows:

105.3 Application for Permit. To obtain a permit, the applicant shall first file an application therefore in writing on forms furnished by the Department of Community Development for such purposes. Such application shall:

1. Identify and describe the work to be covered by the permit for which application is made.

3. Indicate the use and occupancy for which the work is intended.

4. Be accompanied by construction documents and other information as required by Section R106.1.

5. State the valuation of the proposed work.

6. Be signed by the applicant, or the applicant’s authorized agent.

7. Give such other data and information as required by the building official.

9. Be accompanied by evidence of an adequate water supply and sewage disposal system by one of the following:

1. New construction.

2. Additions where there is an increase in the floor area which extends beyond the original exterior walls.

3. Alteration or remodeling where the total number of bedrooms is increased.

4. Change in use which results in an increase in the water/sewage volume or potential health risk.

B. Upon building permit application, a sewer permit and an accepted building clearance approved by the Kitsap County Health District, are required for new one and two family dwelling unit permits.

Pursuant to RCW 19.27.095 and RCW 19.27.097, and in addition to the requirements of IRC Section 106, no building permit application shall be complete unless or until evidence of an adequate water supply and evidence of an adequate sewage disposal system for the intended use of the building is provided from an approved agency for structures where plumbing fixtures are part of the proposed building permit application.

(Ord. 391 (2007) § 8, 2007: Ord. 323 (2004) § 48, 2004)

14.04.518 Permit expiration.

IRC Section R105.5 is amended as follows:

R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work

authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection within 180 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration, and shall demonstrate good cause.

(Ord. 323 (2004) § 49, 2004)

14.04.520 Basic plan system.

IRC Section 106 is amended by adding an additional subsection, R106.6 as follows:

R106.6 Basic Plan System. The Building Official may institute a program to facilitate the repeated use of blueline drawings or construction plans.

The purpose of the Basic Plan system is to create a more efficient, cost saving procedure; to reduce redundant plan reviews; to maintain records pertaining to Basic Plan building permits; and to develop a cost saving method of obtaining residential building permits in order to promote affordable housing for the citizens of Kitsap County.

A person or company holding title or copyright to the plans may establish a Basic Plan by application and the payment of a one time setup fee. A Basic Plan may be used to obtain building permits for:

•	Single-family dwellings with or without attached carports or garages.

•	Residential carports or garages.

•	Residential structures such as pump houses, fences, or retaining walls.

•	Residential Multi-family carports or garages.

Basic Plans designed by a registered architect or professional engineer, or are otherwise protected by Federal Copyright laws shall be accompanied by a document signed by the holder of the copyright protection, authorizing its repeated use. Once approved and established, the Basic Plan will be assigned a file number, and will be retained on record for the duration of the current state code adoption, in order to be used for issuance of building permits. A Basic Plan shall not be used to obtain a permit for any project where the structure is less than 3 feet from a property line, or within 6 feet of another building located on the same property unless a specific modification is made to the Basic Plan identifying any required fire-resistive construction. A building permit based upon an approved Basic Plan shall be issued provided the required application has been received, assessed fees have been paid and other required documentation regarding the suitability of the lot or land on which the building is to be constructed is found to be in compliance with the Zoning Code, Critical Areas Ordinance, Shoreline Management Ordinance, the Kitsap County Building & Fire Code, and any other law enforced by Kitsap County regulating construction.

Allowable options for basic plans may include different elevations, bay windows, skylights, reversals (mirror-image) or similar construction features that do not alter the size of the structure or modify the structural system.

Fees for establishing and using basic plans shall be established by resolution.

(Ord. 440 (2009) § 15, 2009: Ord. 391 (2007) § 9, 2007)

14.04.522 IRC permit fees established by resolution.

IRC Section R108.2 is amended as follows:

R108.2 Permit Fees. The fees for residential building permits shall be established by resolution.

(Ord. 440 (2009) § 16, 2009: Ord. 323 (2004) § 50, 2004)

14.04.525 IRC appeals.

A. IRC Section R112.1 is amended as follows:

R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the technical provisions of this code, there shall be a consolidated board of appeals in accordance with Article 15, Kitsap County Code Sections 14.04.950 through 14.04.990. Appeals of administrative provisions shall be in accordance with Kitsap County Code Chapter 21.04.

B. IRC Sections R112.2.1, R112.2.2 and R112.3 are deleted and not adopted.

(Ord. 391 (2007) § 10, 2007: Ord. 323 (2004) § 51, 2004)

14.04.532 Corrections.

Typographical error corrections as identified in Errata published by the International Code Council shall become part of this code as if contained herein.

(Ord. 391 (2007) § 11, 2007: Ord. 323 (2004) § 52, 2004)

14.04.535 Design criteria.

IRC Table R301.2(1) is amended by filling in the blanks of the table as follows:

Ground Snow Load = 30

Wind Speed = 85

Seismic Design Category = D2

Weathering = Moderate

Frost Line Depth = 12"

Termite = Slight to Moderate

Decay = Moderate to Severe

Winter Design Temp = 26

Ice Barrier Underlayment Required = No

Flood Hazards = (a) 1980, (b) 1980

Air Freezing Index = 148

Mean Annual Temp = 51.4

(Ord. 391 (2007) § 12, 2007: Ord. 323 (2004) § 53, 2004)

14.04.545 Special flood hazard areas.

A. IRC Section R104.10.1 is amended as follows:

R104.10.1 Areas Prone to Flooding. The building official shall not grant modifications to any provision related to areas prone to flooding as established by Table R301.2(1) and Kitsap County Code Title 15 without the granting of a variance in accordance with Kitsap County Code Title 15, Sections 15.20.010 through 15.20.030.

B. IRC Section R106.1.3, line number 4 is amended as follows:

4. If base flood elevations are not included on the community’s Flood Insurance Rate Map (FIRM), the applicant shall obtain and reasonably utilize, subject to approval by the building official, any design flood elevation and floodway data available from other sources in accordance with Kitsap County Code Title 15.

C. IRC Section R105.3.1.1 is amended as follows:

Section R105.3.1.1 Substantially improved or substantially damaged existing buildings in areas prone to flooding. For applications for reconstruction, rehabilitation, addition, or other improvement to existing buildings or structures located in a special flood hazard area as established by Table R301.2(1) and Kitsap County Code Title 15, the building official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamage condition. If the building official finds that the value of the proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the project is a substantial improvement and shall meet the requirements of IRC Section R324 and the requirements of Kitsap County Code Title 15.

D. IRC Section R301.2.4 is amended as follows:

R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in special flood hazard areas (including A or V zones) as established in Table R301.2(1) and Kitsap County Code Title 15, shall be designed and constructed in accordance with Section R324.

Exception: Residential buildings and structures in identified floodways as established in Table R301.2(1) and Kitsap County Code Title 15, are prohibited.

E. IRC Section R309.5 is amended as follows:

R309.5 Special Flood Hazard Areas. For buildings located in special flood hazard areas as established by Table R301.2(1) and Kitsap County Code Title 15, garage floors shall be:

1. Elevated to 1 foot or more above the base flood elevation as determined in Section R324; or

2. If the garage floor level is lower than 1 foot above the base flood elevation, the garage shall be used solely for parking, building access or storage, and the floor shall be at or above grade on all sides. All portions of the structure located lower than 1 foot above base flood elevation shall also meet the requirements of Section R324, including R324.1.7 and R324.2.2, as well as the other requirements of this code.

F. IRC Section R324.1 is amended as follows:

R324.1 General. Buildings or structures constructed in special flood hazard areas (including A or V zones) as established in Table R301.2(1) and Kitsap County Code Title 15, shall be designed and constructed in accordance with the provisions contained in this section.

Exception: Residential buildings and structures in identified floodways as established in Table R301.2(1) and Kitsap County Code Title 15, are prohibited.

G. IRC Section R324.1.6 is amended as follows:

R324.1.6 Protection of water supply and sanitary sewage systems. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system in accordance with the plumbing provisions of this code and Kitsap County Code Section 15.12.050. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters in accordance with the plumbing provisions of this code and Kitsap County Code Section 15.12.050.

H. IRC Section R324.1.8 is amended as follows:

R324.1.8 Manufactured Housing. New or replacement manufactured housing shall be elevated in accordance with Section R324.2. In addition, the manufactured housing shall be anchored and tied down in accordance with Sections AE604 and AE605 of Appendix E, or in accordance with a design prepared by a Washington State registered design professional in accordance with Kitsap County Code Section 15.12.030.

I. IRC Section R324.1.9 is amended as follows:

R324.1.9 As-built elevation documentation. A registered land surveyor shall prepare and seal documentation of the elevations specified in Section R324.2 or R324.3. The completed elevation certificate shall be provided to the Department of Community Development prior to issuance of a certificate of occupancy.

J. IRC Section R324.2 is amended as follows:

R324.2 Flood hazard areas (including A zones). All areas that have been determined to be prone to flooding but not subject to high velocity wave action shall be designated as special flood hazard areas. All buildings and structures erected in special flood hazard areas shall be designed and constructed in accordance with Sections R324.2.1, R324.2.2 and Kitsap County Code Title 15.

K. IRC Section R324.2.1 is amended as follows:

R324.2.1 Elevation Requirements.

1. Buildings and structures shall have the lowest floors elevated to at least 1 foot above the base flood elevation.

2. In areas of shallow flooding (AO zones), buildings and structures shall have the lowest floor (including basement) elevated at least 1 foot or more above the highest adjacent grade plus the depth number specified in feet on the FIRM, or at least 2 feet if a depth number is not specified.

3. Basements and crawlspace floors that are below grade on all sides are prohibited.

Note: Enclosed areas below the base flood elevation, including basements and crawl spaces whose floors are not below grade on all sides, shall meet the requirements of Section R324.2.2.

L. IRC Section R324.2.2 is amended as follows:

R324.2.2 Enclosed areas below base flood elevation. Enclosed areas, including crawl spaces, that are below the base flood elevation shall:

1. Be used solely for parking of vehicles, building access or storage.

2. Be provided with flood openings which shall meet the following criteria:

2.1. There shall be a minimum of two openings on different sides of each enclosed area; if a building has more than one enclosed area below the design flood elevation, each area shall have openings on exterior walls.

2.2. The total net area of all openings shall be at least 1 square inch for each square foot (275 mm for each square meter) of enclosed area.

2.3. The bottom of each opening shall be 1 foot (305 mm) or less above the adjacent ground level.

2.4. Openings shall be at least 3 inches (76 mm) in diameter.

2.5. Any louvers, screens or other opening covers shall allow the automatic flow of floodwaters into and out of the enclosed area.

2.6. Openings installed in doors and windows, that meet requirements of 2.1 through 2.5, are acceptable; however, door and windows without installed openings do not meet the requirements of this section.

3. Have an interior grade at or above the level of adjacent exterior grade.

M. IRC Section R324.2.3 is deleted.

N. IRC Section R324.3.2 is amended as follows:

R324.3.2 Elevation Requirements.

1. All buildings and structures erected within coastal high hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is located at least 1 foot above the base flood elevation.

2. Basement and crawl space floors that are below grade on all sides are prohibited.

3. The use of fill for structural support is prohibited.

4. The placement of fill beneath buildings and structures is prohibited.

Exception: Walls and partitions enclosing areas below the base flood elevation shall meet the requirements of Sections R324.3.4 and R324.3.5.

O. IRC Section G2404.7 is amended as follows:

G2404.7 (301.11) Flood Hazard. For structures located in special flood hazard areas, the appliance, equipment and system installations regulated by this code shall be located at least 1 foot above the base flood elevation and shall comply with the flood-resistant construction requirements of Section R324.

Exception: The appliance, equipment and system installations regulated by this code are permitted to be located below the base flood elevation provided they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the base flood elevation and shall comply with the flood-resistant construction requirements of Section R324.

(Ord. 391 (2007) § 13, 2007: Ord. 323 (2004) § 54, 2004)

14.04.548 Exit doors.

IRC Section R311.4.1 is amended as follows:

R311.4.1 Exit door required. Not less than one exit door conforming to this section shall be provided for each dwelling unit and each accessory structure. The required exit door shall provide for direct access from the habitable portions of the dwelling or accessory structure to the exterior without requiring travel through a garage. Access to habitable levels not having an exit at grade in accordance with this section shall be by a ramp in accordance with Section R311.6 or a stairway in accordance with Section R311.5.

(Ord. 323 (2004) § 55, 2004)

14.04.552 Sleeping rooms.

IRC Section R202 is amended by adding an additional definition as follows:

Sleeping Room. A bedroom, bonus room, or other habitable room that contains an intervening door that can be closed to separate the room from areas otherwise provided with smoke alarms. Exception: Habitable rooms such as dens, libraries and offices that are provided with built in features that establish the specific use of the room as something other than for sleeping, and do not contain clothes closets, need not be considered a sleeping room.

(Ord. 391 (2007) § 14, 2007: Ord. 323 (2004) § 56, 2004)

14.04.555 Protection against decay.

IRC Section R319.1, line number 2 is amended as follows:

2. All wood framing members that rest directly on concrete or masonry exterior foundation walls.

(Ord. 323 (2004) § 57, 2004)

14.04.558 Prescriptive foundations.

A. IRC Section R403.1.3 is amended as follows:

R403.1.3 Seismic Reinforcing. Concrete footings of buildings located in Seismic Design Categories D1 and D2, as established in Table R301.2(1), shall have at least minimum reinforcement. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

Where a construction joint is created between a concrete footing and a concrete stem wall, minimum vertical reinforcement of one No. 4 bar shall be provided at not more than 4 feet on center. The bars shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook, and extend a minimum of 14 inches (357 mm) into the stem wall.

Where a grouted masonry stem wall is supported on a concrete footing, minimum vertical reinforcement of one No. 4 bar shall be provided at not more than 4 feet on center. The bars shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook, and extend into the stem wall to 2 inches clear of the top of the wall.

Masonry stem walls without solid grout and vertical reinforcing shall not be permitted.

Exception: Interior isolated footings supporting interior posts, columns or pedestals may be plain concrete provided the depth of the footing is equal to or exceeds one half the width of the isolated footing.

B. IRC Section R403.1.3.1 is amended as follows:

R403.1.3.1 Foundations with stem walls. Footings for foundations with stem walls shall be provided with a minimum of two No. 4 bars located 3 inches above the bottom of the footing.

C. IRC Section R403.1.3.2 is amended as follows:

R403.1.3.2 Slabs-on-ground with turned down footings. Slabs-on-ground with turned down footings shall have a minimum of one No. 4 bar at the top and two No. 4 bars located 3 inches above the bottom of footing.

D. IRC Section R404.1, first paragraph, is amended as follows:

R404.1 Concrete and masonry foundation walls. Concrete and masonry foundation walls shall be selected and constructed in accordance with the provisions of this section or in accordance with ACI 318, ACI 332, NCMA TR68-A or ACI 530/ASCE 5/TMS 402 or other approved structural standards. When ACI 318, ACI 332, NCMA TR68-A or ACI 530/ASCE 5/TMS 402 or other structural standards are used to design concrete or masonry foundation walls, project drawings, typical details and specifications are required to bear the seal of the architect or engineer responsible for the design.

[The remainder of the section remains unchanged.]

E. IRC Section R404.1.1 is amended as follows:

404.1.1 Masonry Foundation Walls. Concrete masonry and clay masonry foundation walls shall be constructed as set forth in Tables R404.1.1(2), R404.1.1(3) and R404.1.1(4) and shall also comply with the provisions of this section and the applicable provisions of sections R606, R607 and R608. In Seismic Design Categories D1 and D2, concrete masonry and clay masonry foundation walls shall comply with R404.1.4. Rubble stone masonry walls shall not be used in Seismic Design Categories D1 and D2.

F. IRC Table R404.1.1(1) is deleted, and IRC Table R404.1.1(5) is amended by replacing it in its entirety with a table as follows:

TABLE R404.1.1(5)

EXPLANATORY NOTES

1. Concrete shall have a specified compressive strength of not less than 2,500 psi at 28 days.

2. “DR” means a design is required in accordance with ACI 318 or ACI 332.

3. Reinforcement bars shall have a minimum yield strength of 40,000 psi. (Grade 40)

4. Vertical reinforcement shall be placed nearest the inside face of the wall a distance d from the outside face (soil side) of the wall where d equals 4" for a 5.5" wall, 5.5" for a 7.5" wall, 7" for a 9.5" wall and 9" for a 11.5" wall. The reinforcement shall be placed within a tolerance of +/- ¾ inch. In no instance shall concrete cover for reinforcement be less than 1 inch from the inside face of the wall, nor less than 3 inches from the outside face of the wall.

5. Soil classes are in accordance with the United Soil Classification System. Refer to Table R405.1. Group IV soils require a design prepared by a registered design professional.

6. Unbalanced backfill height is the difference in height of the exterior and interior finish ground levels. Where there is an interior concrete slab, the unbalanced backfill height shall be measured from the exterior finish ground level to the top of the interior concrete slab.

7. Concrete stem walls not exceeding 5 feet in height, supporting less than 4 feet of unbalanced backfill, are exempt from the lateral bracing requirements of Section R404.1.

8. Concrete stem walls exceeding 5 feet in height, or supporting more than 4 feet of unbalanced backfill, shall comply with the lateral bracing requirements of Section R404.1. (All 10 foot high walls shall be braced in accordance with Table R404.1(1) as shown for 9’ walls with 9’ of unbalanced backfill.)

G. IRC Section R404.1.4 is amended as follows:

R404.1.4 Seismic Design Categories D1 and D2. Foundation walls located in Seismic Design Categories D1 and D2, as established in Table R301.2(1), shall be constructed in accordance with Table R404.1.1(2), R404.1.1(3), R404.1.1(4), or R404.1.1(5), shall have the uppermost horizontal bar located within 7 inches of the top of the wall, and No. 4 horizontal bars a minimum of 18 inches on center elsewhere.

H. IRC Section R404.5 is amended as follows:

R404.5 Retaining walls. Retaining walls, not laterally supported at the top, that exceed 4 feet in height, or support a surcharge, shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning.

(Ord. 391 (2007) § 15, 2007: Ord. 323 (2004) § 58, 2004)

14.04.565 Under-floor ventilation.

IRC Section R408.2 is amended as follows:

R408.2 Openings for under-floor ventilation. The minimum net area of ventilation openings shall not be less than 1 square foot for each 150 square feet of under-floor area. In addition, a ground cover that meets the requirements of Section 502.1.6.7 of the Washington State Energy Code shall be installed. One such ventilating opening shall be within 3 feet of each corner of the building. Ventilation openings shall be covered for their height and width with any of the following materials provided that the least dimension of the covering shall not exceed ¼ inch (openings shall not be larger than ¼ inch):

1. Perforated sheet metal plates not less than 0.070 inch thick.

2. Expanded sheet metal plates not less than 0.047 inch thick.

3. Cast iron grills or grating.

4. Extruded load-bearing brick vents.

5. Hardware cloth of 0.035 inch wire or heavier.

6. Corrosion resistant wire mesh, with the least dimension being 1/8 inch.

(Ord. 391 (2007) § 16, 2007: Ord. 323 (2004) § 59, 2004)

14.04.572 Roof drainage.

IRC Section R801.3 is amended as follows:

R801.3 Roof drainage. All dwellings and their accessory buildings shall have a controlled method of water disposal from roofs that will collect and discharge all roof drainage to an approved drainage system, in accordance with Kitsap County Code Chapters 12.04 through 12.32 (The Kitsap County Stormwater Management Ordinance), or to the ground surface at splash blocks where a drainage system is not required. Ground surfaces shall slope away from the foundation in accordance with IRC Section R401.3.

(Ord. 323 (2004) § 60, 2004)

14.04.575 Electrical Code references.

A. IRC Section M1305.1.3.1 is amended as follows:

M1301.1.3.1 Electrical Requirements. A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the appliance location in accordance with the electrical code.

B. IRC Section M1305.1.4.3 is amended as follows:

M1305.1.4.3 Electrical Requirements. A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the appliance location in accordance with the electrical code.

C. IRC Section M1307.5 is amended as follows:

M1307.5 Electrical appliances. Electrical appliances shall be installed in accordance with Chapters 14, 15, 19, 20 and the electrical code.

D. IRC Section M1406.1 is amended as follows:

M1406.1 General. Electric radiant heating systems shall be installed in accordance with the manufacturer’s installation instructions and the electrical code.

E. IRC Section M1406.2 is amended as follows:

M1406.2 Clearances. Clearances for radiant heating panels or elements to any wiring, outlet boxes and junction boxes used for installing electrical devices or mounting lighting fixtures shall comply with the electrical code.

F. IRC Section M1407.1 is amended as follows:

M1407.1 General. Electric duct heaters shall be installed in accordance with the manufacturer’s installation instructions and the electrical code. Electric furnaces shall be tested in accordance with UL 1995.

G. IRC Section G2410.2 is amended as follows:

G2410.2 (309.2) Connections. Electrical connections between gas utilization equipment and the building wiring, including the grounding of the equipment, shall conform to the electrical code.

(Ord. 323 (2004) § 61, 2004)

14.04.582 Combustion air.

IRC Section M1701.1 is amended as follows:

M1701.1 Air Supply. Liquid and solid fuel-burning appliances shall be provided with a supply of air for fuel combustion, draft hood dilution and ventilation of the space in which the appliance is installed, in accordance with Section M1702 or Section M1703. The methods of providing combustion air in this chapter do not apply to fireplaces, fireplace stoves and direct-vent appliances. Combustion air for fireplaces and solid-fuel burning appliances shall be in accordance with the Washington State Ventilation and Indoor Air Quality Code, Section 402.

(Ord. 323 (2004) § 62, 2004)

14.04.585 Plumbing Code references.

A. IRC Section M2004.1 is amended as follows:

M2004.1 General. Water heaters utilized both to supply potable hot water and to provide hot water for space heating shall be installed in accordance with this chapter, Chapter 24, the plumbing code and the manufacturer’s installation instructions.

B. IRC Section M2005.3 is amended as follows:

M2005.3 Electric water heaters. Electric water heaters shall also be installed in accordance with the applicable provisions of the plumbing code.

C. IRC Section M2101.2 is amended as follows:

M2101.2 System drain down. Hydronic piping systems shall be installed to permit the system to be drained. When the system drains to the plumbing drainage system, the installation shall conform to the requirements of the plumbing code.

D. IRC Section M2101.3 is amended as follows:

M2101.3 Protection of potable water. The potable water system shall be protected from backflow in accordance with the provisions listed in the plumbing code.

E. IRC Section M2301.5 is amended as follows:

M2301.5 Backflow protection. All connections from the potable water supply to solar systems shall comply with the plumbing code.

F. IRC Section G2448.1.1 is amended as follows:

G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to sizing, relief valves, drain pans and scald protection shall be in accordance with the plumbing code.

(Ord. 323 (2004) § 63, 2004)

14.04.588 (Repealed)*

* Editor’s Note: Former Section 14.04.588, “Water heater locations,” was repealed by § 17 of Ord. 391 (2007). Section 64 of Ord. 323 (2004) (2004) was formerly codified herein.

14.04.592 Manufactured homes.

Manufactured homes shall be installed in accordance with Section 14.04.900 and IRC Appendix E, as amended in Kitsap County Code Section 14.04.910.

(Ord. 323 (2004) § 65, 2004)

14.04.595 Existing buildings.

A. IRC Appendix J Section AJ301.4 is deleted and not adopted.

B. IRC Appendix J Section AJ501.5.1 is amended as follows:

AJ501.5.1 Materials and methods. All newly installed electrical equipment and wiring related to work done in any work area shall comply with the materials and methods requirements of the electrical code.

C. IRC Appendix J Section AJ501.5.2 is deleted and not adopted.

D. IRC Appendix J Section AJ501.5.3 is deleted and not adopted.

(Ord. 391 (2007) § 18, 2007: Ord. 323 (2004) § 66, 2004)

Article 6 – Mechanical Code Amendments

14.04.601 IMC general.

A. IMC Section 101.1 is amended as follows:

101.1 Title. These regulations shall be known as the Kitsap County Mechanical Code, hereinafter referred to as “this code.”

B. IMC Section 102.8 is amended by adding an additional subsection, 102.8.1 as follows:

102.8.1 Referenced Codes. Wherever this code states the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever this code states the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever this code states the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

C. IMC Section 106.4.3 is amended as follows:

106.4.3 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection within 180 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration, and shall demonstrate good cause.

D. IMC Section 106.4.4 is deleted.

E. IMC Section 106.5.2 is amended as follows:

106.5.2 Fees. The fees for mechanical permits shall be established by resolution.

F. IMC Section 106.5.3 is amended as follows:

106.5.2 Fee Refunds. The code official shall authorize fee refunds as established by resolution.

(Ord. 440 (2009) § 17, 2009: Ord. 391 (2007) § 19, 2007: Ord. 323 (2004) § 68, 2004: Ord. 224 (1998) § 5.1, 1998)

14.04.605 IMC corrections.

Typographical error corrections as identified in Errata published by the International Code Council shall become part of this code as if contained herein.

(Ord. 391 (2007) § 20, 2007: Ord. 323 (2004) § 69, 2004)

14.04.615 IMC violations and appeals.

A. IMC Section 108.4 is amended as follows:

108.4 Violation penalties. Persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil infraction in accordance with Kitsap County Code Chapter 2.116. Each day the violation continues shall be deemed a separate offense.

B. IMC Section 108.5 is amended as follows:

108.5 Stop Work Orders. Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system 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 liable for a fine in accordance with Kitsap County Code Chapter 2.116.

C. IMC Section 109.1 is amended as follows:

109.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the technical provisions of this code, there shall be a consolidated board of appeals in accordance with Article 15, Kitsap County Code Sections 14.04.950 through 14.04.990. Appeals of administrative provisions shall be in accordance with Kitsap County Code Chapter 21.04.

D. IMC Sections 109.2 through 109.7 are deleted and not adopted.

(Ord. 391 (2007) § 21, 2007: Ord. 323 (2004) § 71, 2004)

14.04.625 Flood hazard areas.

IMC Section 301.13 is amended as follows:

301.13 Flood Hazard. For structures located in flood hazard areas, mechanical systems, equipment and appliances shall be located at least one foot or more above the design flood elevation.

Exception: Mechanical systems, equipment and appliances are permitted to be located below the design flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the design flood elevation in compliance with the flood-resistant construction requirements of the International Building Code as adopted.

(Ord. 323 (2004) § 72, 2004)

14.04.635 Ventilation.

A. IMC Section 401.1 is amended as follows:

401.1 Scope. This chapter shall govern the ventilation of spaces within a building intended to be occupied, except that group R ventilation requirements shall be as set forth in the Washington State Ventilation and Indoor Air Quality Code in accordance with WAC 51-52-005, in addition, this chapter does not govern the requirements for smoke control systems.

B. IMC Section 401.4.2 is amended as follows:

401.4.2 Exhaust openings. Outside exhaust openings shall be located in accordance with Chapter 5.

C. IMC Section 501 is amended by adding an additional subsection, 501.5 as follows:

501.5 Termination point/Exhaust outlet. The termination point or exhaust outlet for exhaust ducts discharging to the atmosphere shall be located with the following minimum distances:

1. For ducts conveying explosive or flammable vapors, fumes or dusts:

30 feet from the property line;

10 feet from openings into the building;

6 feet from exterior walls and roofs;

30 feet from combustible walls and openings into the building which are in the direction of the exhaust discharge;

10 feet above adjoining grade.

2. For other product conveying outlets:

10 feet from the property line;

3 feet from exterior walls and roofs;

10 feet from openings into the building;

10 feet above adjoining grade.

3. For environmental air duct exhaust:

3 feet from the property line;

3 feet from openings into the building, except Group U occupancies;

10 feet from a mechanical air intake;

This includes environmental air regulated by Sections 504 and 505, but does not include enclosed parking garage exhaust outlets regulated by Section 404.

Exceptions:

1. The separation between an air intake and exhaust outlet on a single listed package HVAC unit.

2. Exhaust from environmental air systems other than garages may be discharged into an open parking garage.

3. In occupancies other than Group I occupancies, where ventilation system design circumstances require building HVAC air to be relieved, such as during economizer operation, such air may be relieved into an open or enclosed parking garage within the same building.

(Ord. 391 (2007) § 22, 2007: Ord. 323 (2004) § 73, 2004)

14.04.645 International Fuel Gas Code (IFGC).

A. IFGC Section 101.1 is amended as follows:

101.1 Title. These regulations shall be known as the Kitsap County Fuel Gas Code, hereinafter referred to as “this code.”

B. IFGC Section 102.8 is amended by adding an additional subsection, 102.8.1 as follows:

102.8.1 Washington State Referenced Codes. Wherever the adopted codes state the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever the adopted codes state the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever the adopted codes state the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

C. IFGC Section 106.4.3 is amended as follows:

D. IFGC Section 106.4.4 is deleted and not adopted.

E. IFGC Section 106.5.2 is amended as follows:

106.5.2 Fees. The fees for fuel-gas installation permits shall be established by resolution.

F. IFGC Section 106.5.3 is amended as follows:

106.5.3 Fee refunds. The code official shall authorize fee refunds as established by resolution.

G. IFGC Section 301.11 is amended as follows:

301.11 Flood Hazard. For structures located in flood hazard areas, the appliance, equipment and system installations regulated by this code shall be located at least 1 foot above the design flood elevation and shall comply with the flood-resistant construction requirements of the International Building Code.

Exception:

The appliance, equipment and system installations regulated by this code are permitted to be located below the design flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the design flood elevation and shall comply with the flood-resistant requirements of the International Building Code.

(Ord. 440 (2009) § 18, 2009: Ord. 391 (2007) § 23, 2007: Ord. 323 (2004) § 74, 2004)

14.04.655 IFGC violations and appeals.

A. IFGC Section 108.4 is amended as follows:

108.4 Violation penalties. Persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil infraction in accordance with Kitsap County Code Chapter 2.116. Each day the violation continues shall be deemed a separate offense.

B. IFGC Section 108.5 is amended as follows:

108.5 Stop Work Orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system 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 liable for a fine in accordance with Kitsap County Code Chapter 2.116.

C. IFGC Section 109.1 is amended as follows:

D. IFGC Sections 109.2 through 109.7 are deleted and not adopted.

(Ord. 391 (2007) § 24, 2007: Ord. 323 (2004) § 75, 2004)

Article 7 – International Fire Code Amendments

14.04.700 IFC general.

A. IFC Section 101.1 is amended as follows:

101.1 Title. These regulations shall be known as the Kitsap County Fire Code hereinafter referred to as “this code.”

B. IFC Section 102.3 is amended as follows:

102.3 Change of use or occupancy. Change of use or occupancy within an existing building, structure or premises shall comply with the provisions of Kitsap County Code Sections 14.04.230(B) and 14.04.250, including the provisions of IBC Chapter 34. Change of use or occupancy shall only be made when an existing building satisfies the provisions of the Kitsap County Building and Fire Code, and codes as adopted in Kitsap County Code Section 14.04.040, for the new use or occupancy classification.

Exception: Existing buildings undergoing repair, alterations, or change of occupancy shall be permitted to comply with the International Existing Building Code upon specific approval of the building official and fire code official. Such request must be made in writing and approved prior to building permit application submittal.

C. IFC Section 102.4 is amended as follows:

102.4 Application of Building Code. The design and construction of new structures and premises, as well as the repairs, alterations, or additions to existing structures shall comply with the Codes as adopted by Kitsap County Code Section 14.04.040.

D. IFC Section 102.5 is amended as follows:

102.5 Historic Buildings. The alteration, repair, enlargement, restoration, relocation or movement of existing buildings or structures that are designated as historic buildings when such buildings or structures do not constitute a distinct hazard to life or property shall be in accordance with the provisions of the Washington State Historic Building Code, as adopted in Kitsap County Code Section 14.04.040.

E. IFC Section 102.6 is amended by adding an additional subsection, 102.6.1 as follows:

102.6.1 Washington State Referenced Codes. Wherever the adopted codes state the International Plumbing Code, it shall mean the Uniform Plumbing Code as adopted by the State of Washington. Wherever the adopted codes state the International Electrical Code, ICC Electrical Code, or the Electrical Code, it shall mean the National Electrical Code (NFPA 70) as adopted by the State of Washington in accordance with RCW 19.28 and WAC 296-46B. Wherever the adopted codes state the International Energy Conservation Code, it shall mean the Washington State Energy Code as adopted by the State of Washington.

F. Corrections. Publishing and typographical error corrections as identified in Errata published by the International Code Council shall become part of this code as if contained herein.

(Ord. 323 (2004) § 77, 2004: Ord. 224 (1998) § 6.1, 1998)

14.04.705 Appeals and violations.

A. IFC Section 108.1 is amended as follows:

108.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of the technical provisions of this code, there shall be a consolidated board of appeals in accordance with Article 15, Kitsap County Code Sections 14.04.950 through 14.04.990. Appeals of administrative provisions shall be in accordance with Kitsap County Code Chapter 21.04.

B. IFC Section 108.3 is deleted and not adopted.

C. IFC Section 111.4 is amended as follows:

111.4 Failure to comply. Any person who shall continue any work 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 liable for a fine in accordance with Kitsap County Code Chapter 2.116, and may be subject to the provisions of Kitsap County Code Article 9, the Abatement of Dangerous Buildings Code.

(Ord. 391 (2007) § 25, 2007: Ord. 323 (2004) § 78, 2004: Ord. 224 (1998) § 6.2, 1998)

14.04.710 Operational permits.

A. IFC Section 105.6.15 is deleted and not adopted.

B. IFC Section 105.6 is amended by adding an additional subsection, 105.6.47, as follows:

105.6.47 Bed & Breakfast/Boarding House. An operational permit is required to operate a residential building, or portion thereof, where the occupants are primarily transient in nature, as a Bed and Breakfast House, Bed and Breakfast Boarding House, or a Boarding House as defined in Kitsap County Code 14.04.100.

(Ord. 391 (2007) § 26, 2007: Ord. 323 (2004) § 81, 2004: Ord. 224 (1998) § 6.5, 1998)

14.04.720 Construction permits (Reserved.

(See IFC Section 105.7 for required construction permits.)

(Ord. 323 (2004) § 82, 2004)

14.04.730 Fire department access.

A. IFC Section 503.1.1 is amended as follows:

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

Exceptions:

1. Building or facility that is equipped with an approved automatic fire sprinkler system.

2. When a fire department access cannot be installed in conformance with these Standards due to topography, waterways, non-negotiable grades, critical areas or other similar conditions, and an approved alternative means of fire protection is provided.

3. There are not more than two (2) Group R-3 (single-family dwellings) occupancies.

4. Residential accessory buildings/occupancies (private garages, carports, sheds, agricultural buildings), as defined by the International Building Code.

IFC Section 503, parts of which are not adopted by the Washington State Building Code in Section 51-54-500 WAC, is hereby adopted in its entirety by Kitsap County as IFC Section 503 as set forth in the 2003 International Fire Code and as amended in Sections 14.04.730(B) through 14.04.730(E) below.

B. IFC Section 503.2.7 is amended as follows:

503.2.7 Grade. The fire department access road shall not exceed 12% grade.

Exception: The fire department access road grade may be increased if buildings or facilities are equipped with an automatic fire sprinkler system when approved by the fire chief and Fire Code Official.

C. IFC Section 503.2.4 is amended as follows:

503.2.4 Turning radius. The required turning radius of a fire department access road shall be as follows: Access roads serving residential buildings shall have a minimum 25 feet inside radius. Access roads serving commercial buildings and facilities shall have a minimum 35 feet inside radius. All turning radius dimensions shall be made to the edge of the roadway surface.

D. IFC Section 503.3 is amended as follows:

503.3 Fire lane marking. When required by the Fire Code Official, fire department access roads shall be posted with approved signs or marked as follows: All curbs shall be painted red on the sides and top, and shall be labeled with 4-inch high white lettering at 25-foot intervals with the words “NO PARKING TOW AWAY ZONE.”

E. IFC Section 503.4 is amended as follows:

503.4 Obstructions. Fire department access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established shall be maintained at all times. When posted in accordance with section 503.3 owner or operator of vehicles shall be liable for a fine in accordance with Kitsap County Code 2.116. Sheriff Deputies may assist the Fire Code Officials with enforcement of this section.

(Ord. 323(A) (2005) (part), 2005: Ord. 323 (2004) § 84, 2004: Ord. 224 (1998) § 6.7, 1998)

14.04.735 Fire protection water supplies.

IFC Section 508.1 is amended as follows:

508.1. Required water supply. An approved water supply or alternative capable of supplying the required fire flow or fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction.

(Ord. 323(A) (2005) (part), 2005)

14.04.740 Fire hydrant requirements.

A. IFC Section 508.5 is amended as follows:

508.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 508.5.1 through 508.5.13.

B. IFC Section 508.5.1 is amended as follows:

508.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official.

Exceptions:

1. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet.

2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet.

Where geographically or otherwise physically possible, the spacing intervals for hydrants shall commence at street intersections.

Where hydrants supply commercial or multi-family fire flows, a hydrant shall be placed not more than one hundred fifty feet (150’) nor less than fifty feet (50’) from the protected building.

C. IFC Section 508.5 is further amended by adding additional sections 508.5.7 through 508.5.13, as follows:

508.5.7 Outlets. Fire hydrants shall have a minimum five inch (5") main valve opening, two (2) two and one half inch (2 1/2”) outlets and a four-and-one-half-inch (4 1/2”) steamer/pumper port with a five inch (5"), one-quarter turn quick connect Storz adapter; such outlets and port shall have National Standard Threads or other connection devices consistent with local fire protection authority requirements;

508.5.8 Installation. Fire hydrants shall stand plumb and be set to finished grade; the center of the lowest outlet shall be no less than eighteen inches (18") nor more than twenty-eight inches (28") above grade; there shall not be less than thirty-six inches (36") radius of clear area surrounding the outlets and control valve to permit the operation of a hydrant wrench; the steamer/pumper port shall face the street or, if there is no street, the most likely route of emergency approach;

508.5.9 Hydrant painting. Fire hydrants shall be painted as follows:

a. Barrel: Any bright, highly visible color;

b. Tops: The required color for the tops of hydrants is as follows:

Top of Hydrant Color
Gallons per minute of flow (gpm)	Color of top
1,500 or more gpm	Blue
1000 – 1499 gpm	Green
500 – 999 gpm	Orange
499 or less gpm	Red

508.5.10 Type. Flush-type hydrants are not allowed except under unusual circumstances and then only with the specific approval of the Fire Code Official;

508.5.11 Roadway markers. Reflectorized standard blue hydrant identification markers shall be placed on the access roadway to identify each hydrant. Markers shall be placed on the side nearest the hydrant 6" from the center line of the access roadway.

508.5.12 Parking. No person shall park any vehicle within fifteen feet (15’) of a fire hydrant.

508.5.13 Water mains. New or replacement water mains which do or are intended to serve fire hydrants shall be six inches (6") nominal diameter minimum; except, dead-end water mains over fifty feet (50’) in length shall be eight inches (8") nominal diameter minimum.

On new or replacement water distribution mains and water transmission mains within the water purveyor’s service area where fire flow and fire storage is available, fire hydrants shall be provided at not less than 1200 foot (1200’) intervals to provide for transportation hazards.

(Ord. 323(A) (2005) (part), 2005: Ord. 323 (2004) § 85, 2004: Ord. 224 (1998) § 6.8, 1998)

14.04.750 Fire alarm and detection systems.

In order to provide clarity and to maintain consistency between the Building Code and the Fire Code, the following subsection modifies language in both the International Building Code, as well as the International Fire Code as set forth below.

A. IBC Section 907.2 and IFC Section 907.2 are amended as follows:

907.2 Where required. In addition to the requirements set forth in Sections 907.2.1 through 907.2.23, all new occupancies of Groups A, B, E, F, H, I, M or S, within new or existing buildings or structures, where the gross floor area exceeds 4000 square feet, an approved manual and automatic fire alarm system shall be provided, and such alarm systems shall provide occupant notification in accordance with Section 907.10 unless notification requirements are provided by another section of this code. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm system, automatic heat or smoke detection requirements of this section may be modified upon specific approval by the Fire Code Official.

An approved, addressable automatic fire detection system shall be installed in accordance with the provisions of this Code and NFPA 72. Devices, combinations of devices, appliances and equipment shall comply with Section 907.1.2. The automatic fire detectors shall be smoke detectors, except that an approved alternative type of detector shall be installed in spaces such as boiler rooms, warehouses, mechanical and electrical rooms, storage rooms, repair garages, kitchens and similar occupancies where, during normal operation, products of combustion, smoke, steam, particulate material, insects and similar sources of detector activation may potentially be present in sufficient quantity to actuate a smoke detector.

B. IBC Section 907.14 and IFC Section 907.15 is amended as follows:

IBC 907.14, IFC 907.15 Monitoring. Where fire alarm systems are required by this chapter or by the International Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems.

Exception: Supervisory service is not required for:

1. Single-and multiple-station smoke alarms required by Section 907.2.10.

2. Smoke detectors in Group I-3 occupancies.

3. Automatic sprinkler systems in one- and two-family dwellings.

(Ord. 391 (2007) § 27, 2007: Ord. 323(A) (2005) (part), 2005: Ord. 323 (2004) § 86, 2004: Ord. 224 (1998) § 6.9, 1998)

14.04.760 Appendices adopted and amended.

IFC Appendices B, F, and G, adopted in Section 14.04.040, are amended as follows:

A. IFC Appendix B, Section B103.1 is amended as follows:

B103.1 Decreases. The Fire Code Official is authorized to reduce fire flow requirements for isolated buildings or group of buildings in rural areas or small communities where the development of full fire-flow requirements is impractical. Commercial fire flow shall not be less than that specified in Table B105.1 for duration of two hours in all cases. Provided, that in Table B105.1 for construction type V-B, the total fire area in square feet is revised by deleting the term 0 – 3,600. Fire flow requirements may be reduced by installing an automatic fire extinguishing system in accordance with this code.

B. IFC Appendix B, Section B103.2 is amended as follows:

B103.2 Increases. The Fire Code Official is authorized to increase the fire-flow requirements where conditions indicate an unusual susceptibility to group fires or conflagrations. An increase shall not be more than twice that required for the building under consideration.

C. IFC Appendix B, Section B103.3 is amended as follows:

B103.3 Areas without water supply systems. Development of one- and two-family dwellings that are 5,000 square feet or greater, shall provide water supplies or approved alternative for fire-fighting purposes. In areas where fire flow or water supply is inadequate or not available. Developers may use Fire Protection Credits as listed in Table B103.3 – Approved Fire Protection, provided the total fire protection credits equal or exceed 500 gallons per minute.

D. IFC Appendix B, Section B103.3, is further amended by the addition of Table 103.3.

E. IFC Appendix B, Section B104.1.1 is added as follows:

B104.1.1 One- and Two-Family Dwellings. The fire flow calculation area for one and two-family dwellings shall be the total floor area within the exterior walls, including mezzanines and attached garages.

F. IFC Appendix B, Section B104.2 is amended as follows:

B104.2 Area Separation. Portions of buildings which are separated by no more than two (2) four-hour separation walls constructed in accordance with the Building Code, without openings and provided with a 30-inch (762mm) parapet, are allowed to be considered separate fire areas. No more than two (2) separate fire areas can be created between the four-hour (4 hour) separations by a two-hour (2 hour) separation wall constructed in accordance with the IBC.

G. IFC Appendix B, Section B105.1 is amended as follows:

B105.1 One- and two-family dwellings. The minimum fire-flow requirements for one- and two-family dwellings in subdivisions shall be 500 gallons per minute for thirty (30) minutes. One- and two-family dwellings 5,000 square feet or greater are also required to provide water for fire protection in the amount of 500 gallons per minute. However, they may use fire protection credits as listed in Table B103.3 to meet fire flow requirements, provided the total fire protection credits equal or exceed 500 gallons per minute.

Exceptions:

1. In areas where full fire flow is impractical, a residential sprinkler system may be substituted.

2. Permits for Single-family dwellings, manufactured, mobile, and modular dwellings on an existing lot less than 5000 square feet.

H. IFC Appendix B, Table B105.1 is amended as follows:

(Ord. 391 (2007) § 28, 2007: Ord. 323(A) (2005) (part), 2005: Ord. 323 (2004) § 88, 2004: Ord. 224-A (1998) § 4, 1998: Ord. 224 (1998) § 6.11, 1998)

14.04.770 Installation requirements.

IFC Section 903.1 is amended as follows:

903.1 Automatic Sprinkler System, General. Automatic sprinkler systems shall comply with this section.

Fire areas shall be defined as the total floor areas of all floor levels within the exterior walls, including mezzanines, as well as all areas under the horizontal projections of the roof of a building that are not enclosed by walls.

For the purpose of this section, for determining fire extinguishing system requirements, fire walls shall not define separate buildings.

(Ord. 323 (2004) § 89, 2004: Ord. 224-A (1998) § 5, 1998: Ord. 224 (1998) § 6.12, 1998)

14.04.780 Fire extinguishing systems.

In order to provide clarity and to maintain consistency between the building code and the fire code, the following subsections modify language in both the International Building Code, as well as the International Fire Code as set forth below.

A. IBC Section 903.2.1 and IFC Section 903.2.1 are amended as follows:

903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in 903.2.1.5.

B. IBC Section 903.2.1.1 and IFC Section 903.2.1.1 are amended as follows:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists:

1. The gross floor area of the building exceeds 10,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than the level of exit discharge.

4. The fire area contains a multitheater complex.

C. IBC Section 903.2.1.2 and IFC Section 903.2.1.2 are amended as follows:

903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists:

1. The gross floor area of the building exceeds 5,000 square feet.

2. The fire area has an occupant load of 100 or more.

3. The fire area is located on a floor other than the level of exit discharge.

D. IBC Section 903.2.1.3 and IFC Section 903.2.1.3 are amended as follows:

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists:

1. The gross floor area of the building exceeds 10,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than the level of exit discharge.

Exception:

Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit.

E. IBC Section 903.2.1.4 and IFC Section 903.2.1.4 are amended as follows:

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists:

1. The gross floor area of the building exceeds 10,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than the level of exit discharge.

Exception:

Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit.

F. IBC Section 903.2.1 and IFC Section 903.2.1 are amended by adding an additional section 903.2.1.6 as follows:

903.2.1.6 Nightclub. An automatic fire sprinkler system shall be provided throughout an occupancy with a nightclub. Existing nightclubs constructed prior to July 1, 2006, shall be provided with automatic sprinklers not later than December 1, 2009. The fire code official, for the application of this section, may establish an occupant load based on observed use of the occupancy in accordance with Table 1004.1.1.

G. IBC Section 903.2.2 and IFC Section 902.2.2 are amended as follows:

903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupancies.

Exceptions:

1. Portable school classrooms, provided that the aggregate area of any cluster or portion of a cluster of portable school classrooms does not exceed 5,000 square feet (1465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code.

2. Group E occupancies with an occupant load of 50 or less.

H. IBC Section 903.2.3 and IFC Section 903.2.3 are amended as follows:

903.2.3 Group F. An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists:

1. Where the gross floor area of the building exceeds 10,000 square feet; or

2. Where a Group F fire area is located more than three stories above grade.

I. IBC Section 903.2.4 and IFC Section 903.2.4 are amended as follows:

903.2.4 Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as required in Sections 903.2.4.1 through 903.2.4.4.

J. IBC Section 903.2.4 and IFC Section 903.2.4 are further amended by adding additional subsections 903.2.4.4 as follows:

903.2.4.4 An automatic sprinkler system shall be provided throughout all buildings containing a Group H occupancy where the gross floor area of the building exceeds 10,000 square feet.

K. IBC Section 903.2.6 and IFC Section 903.2.6 are amended as follows:

903.2.6 Group M. An automatic sprinkler system shall be provided throughout all buildings containing a Group M occupancy where one of the following conditions exists:

1. Where the gross floor area of the building exceeds 10,000 square feet; or

2. Where a Group M fire area is located more than three stories above grade.

L. IBC Section 903.2.8 and IFC Section 903.2.8 are amended as follows:

903.2.8 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy where one of the following conditions exists:

1. Where the gross floor area of the building exceeds 10,000 square feet; or

2. Where a Group S fire area is located more than three stories above grade.

M. IBC Section 903.2.8.1 and IFC Section 903.2.8.1 are amended as follows:

903.2.8.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings containing used as repair garages in accordance with Section 406 where one of the following conditions exists:

1. Where the gross floor area of the building exceeds 10,000 square feet; or

2. Buildings with a repair garage servicing vehicles parked in the basement.

N. IBC Section 903.2 and IFC Section 903.2 are further amended by adding additional subsections 903.2.14 as follows:

903.2.14 Group B. An automatic sprinkler system shall be provided throughout all buildings containing a Group B occupancy where one of the following conditions exists:

1. Where the gross floor area of the building exceeds 10,000 square feet; or

2. Where a Group B fire area is located more than three stories above grade.

(Ord. 391 (2007) § 29, 2007: Ord. 323 (2004) § 90, 2004: Ord. 224-A (1998) § 6, 1998: Ord. 224 (1998) § 6.13, 1998)

14.04.785 IFC Referenced Standards.

Referenced standards are as set forth in IFC Chapter 45.

(Ord. 391 (2007) § 30, 2007: Ord. 323 (2004) § 91, 2004)

14.04.790 Marinas (Reserved).

(Ord. 323 (2004) § 92, 2004)

Article 8 – Plumbing Code Amendments

14.04.800 General.

A. Corrections. Publishing and typographical error corrections as identified in Errata published by the International Association of Plumbing and Mechanical Officials (IAPMO) shall become part of this code as if contained herein.

B. UPC Section 102.3 is amended as follows:

102.3 Violations. Persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a civil infraction in accordance with Kitsap County Code Section 2.116. Each day the violation continues shall be deemed a separate offense.

C. UPC Section 103.3.4 is amended as follows:

103.3.4 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Having required inspections performed and approved within every 180 days is evidence that work has commenced and is continuing. Permits that do not receive an inspection within 180 days of permit issuance, or within 180 days since the previous approved inspection, shall automatically expire and become invalid. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, based on good and satisfactory reasons. The extension shall be requested in writing prior to permit expiration, and shall demonstrate good cause.

D. UPC Section 103.4.1 is amended as follows:

103.4.1 Permit Fees. The fees for plumbing permits shall be established by resolution.

E. UPC Section 103.4.2 is deleted.

F. UPC Section 103.4.5 is amended as follows:

103.4.5 Fee Refunds. The code official shall authorize fee refunds as established by resolution.

(Ord. 440 (2009) § 19, 2009: Ord. 323 (2004) § 93, 2004: Ord. 224 (1998) § 701, 1998)

Article 9 – Abatement of Dangerous Buildings

14.04.850 DBC general.

A. Title. This Article shall be known as the Abatement of Dangerous Buildings Code, may be cited as such, and will be referred to herein as “this code.”

B. Purpose and Scope. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the Building Code, Fire Code, or any other means available by law, whereby buildings or structures which may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.

The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous.

C. Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

D. Liability. The building official and authorized representatives charged with the enforcement of this code shall not be held personally liable for any act or omission that occurs during the performance of official duties.

(Ord. 323 (2004) § 97, 2004)

14.04.860 Enforcement.

A. Administration. The building official, or the building official’s authorized representative, including the fire marshal and the health officer, shall have authority as necessary in the interest of public health, safety and general welfare to perform inspections and enforce the provisions of this code. The building official shall have authority to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements due to local conditions. Such rules and interpretations shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.

B. Inspections. All buildings within the scope of this code and all construction work for which a permit is required shall be subject to inspection by the building official, fire marshal and health officer in accordance with the requirements of this code, the Kitsap County Building & Fire Code, and any other laws and ordinances of Kitsap County.

C. Right of Entry. When it is necessary to perform an inspection to enforce the provisions of this code, or when the building official, or the building official’s authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such a building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises is not occupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

D. Alterations, Additions and Repairs. All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Section 3403 of the International Building Code as adopted by Kitsap County.

E. Violations. It shall be unlawful for any person, firm, corporation, or other entity to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, allow occupancy or otherwise maintain any building in violation of this code. Violations of this code or any other portion of the Kitsap County Building and Fire Code shall be a Class 1 civil infraction in accordance with Kitsap County Code Chapter 2.116.

F. Misdemeanor. In addition to the penalties provided in Subsection E, occupancy of a building declared to be dangerous, in accordance with Kitsap County Code Sections 14.04.870 and 14.04.875, or the removal or defacement of a dangerous building notice, shall be a misdemeanor in accordance with RCW 36.43.040 and shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.

G. Appeals. Notices of appeal of orders, decisions or determinations of the building official or fire marshal regarding dangerous buildings, shall be filed with the Kitsap County department of community development within twenty-one days of the order, decision or determination on a form available at the department of community development for such purpose. Appeals shall be heard by the Kitsap County hearing examiner in accordance with Kitsap County Code Chapter 21.04.

(Ord. 391 (2007) § 31, 2007: Ord. 323 (2004) § 98, 2004)

14.04.865 (Repealed)*

* Editor’s Note: Former Section 14.04.865, “Dangerous buildings,” was repealed by § 32 of Ord. 391 (2007). Section 99 of Ord. 323 (2004) was formerly codified herein.

14.04.870 Dangerous building definitions.

A. Definitions, General. For the purposes of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this article or as specified in the Kitsap County Building and Fire Code. 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, copyright 1993, shall be construed 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.

B. “Building Code” means the Kitsap County Building and Fire Code, including the International Building Code as adopted by Kitsap County Code Section 14.04.040.

C. “Dangerous building” is any building or structure which has any one or several of the conditions or defects described within subsections 1 through 18 below, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or the building’s occupants are endangered; or a building or structure that is found in whole or in part to be an unlawful structure; occupied by more persons than permitted by this code, the building code, or the fire code; or was erected, altered or occupied contrary to the provisions of the Kitsap County Building and Fire Code.

1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.

4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.

5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.

7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

8. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the support of such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.

9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

12. Whenever the building or structure has become so dilapidated, deteriorated or open and unsecure such that it is: (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable such persons to resort thereto for the purpose of committing unlawful or immoral acts.

13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations as specified in the Kitsap County Building and Fire Code, or of any other law or ordinance of Washington State or Kitsap County relating to the condition, location or structure of buildings.

14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength; (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of newly constructed building of like area, height and occupancy in the same location.

15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

16. Whenever any building or structure, because of obsolescence, dilapidate condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.

17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

18. Whenever any portion of the building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(Ord. 323 (2004) § 100, 2004)

14.04.875 Compliance.

A. Declaration of Dangerous Buildings. All buildings or portions thereof which are determined after inspection by the building official or authorized representative, to be dangerous as defined in Section 14.04.870 of this code, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. Upon the determination that a building or structure is dangerous, the building official shall issue a notice of violation with an order to correct the violation(s) or initiate a nuisance abatement action in the Superior Court in accordance with RCW 7.48.

B. Emergency Measures. When, in the opinion of the building official or fire marshal, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of geologic hazard, explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the building official and fire marshal are hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The building official or fire marshal shall cause to be posted at each entrance to such building, structure or premises a notice essentially as follows:

DO NOT ENTER

THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY THE CODE OFFICIAL

It shall be a misdemeanor to remove or deface this placard; or, to occupy such structure; or, for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or for demolishing the building or structure.

No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal of hazard is complete, and the abatement has received final approval by the building official.

When vacation orders are issued as emergency measures, a notice of violation and order to abate the dangerous condition shall be prepared and served in accordance with Kitsap County Code Section 14.04.875(A) as soon as practical.

C. Orders. After any order of the building official, fire marshal or hearings examiner made pursuant to this code has become final, no person to whom such an order is directed shall fail, neglect or refuse to obey such order. Any such person who fails to comply with any such order is guilty of a class 1 civil infraction in accordance with Kitsap County Code Chapter 2.116, or of a misdemeanor in accordance with Kitsap County Code Section 14.04.060(E) and RCW 36.43.040, as well as any other law or ordinance as provided by law.

D. Failure to Obey Order. After any order of the building official, fire marshal or hearings examiner made pursuant to this code has become final, and any person to whom such an order is directed fails, neglects or refuses to obey such order, the building official or fire marshal shall either: (a) cause such person to be prosecuted in accordance with Kitsap County Code Chapter 2.116; or, (b) institute any appropriate action to abate such condition as a public nuisance in accordance with Kitsap County Code Chapter 9.56; or, (c) initiate any appropriate action to abate such condition as a public nuisance by filing for a warrant of abatement with the Clerk of the Kitsap County Superior Court.

E. Failure to Commence Work. Whenever the required repair, removal or demolition is not commenced within 30 days after any final notice and order issued pursuant to this code becomes effective, the building official or fire marshal shall cause the building, structure or premises described in such notice to be vacated by posting at each entrance to such building, structure or premises a notice essentially as follows:

DO NOT ENTER

THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY THE CODE OFFICIAL

In addition, the building official or fire marshal may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building or structure unsafe as set forth in the notice and order; or, if the notice and order required demolition, to cause the building or structure to be demolished and the materials, rubble and resultant debris removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner provided in this code.

F. Interference. No person shall hinder, delay, obstruct or interfere with any officer, employee, contractor or authorized representative of this jurisdiction while performing any necessary act preliminary to or incidental to such work pursuant to this code. Any person who knowingly hinders, delays, obstructs or interferes with any county employee performing official duties in abating a nuisance pursuant to this code, shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety (90) days and/or a fine not exceeding $1,000.00 in accordance with Kitsap County Code Section 9.56.060.

G. Performance. When any work of repair or demolition is to be done pursuant to the provisions of this code, the building official shall, by contract or arrangement with private contractors, or by agreement with Kitsap County Public Works, cause the building or structure to be repaired or demolished, and the cost of such repair or demolition shall be charged against the real estate upon which the building or structure is located, and shall be a lien upon such real estate.

(Ord. 391 (2007) § 33, 2007: Ord. 323 (2004) § 101, 2004)

14.04.880 Recovery of costs.

A. Accounting. The director of the department of community development shall keep an itemized accounting of the expenses incurred by the department in the course of repair or demolition of any building or structure pursuant to the provisions of this code. Upon completion of the demolition or repair work as ordered, the director shall prepare an expense report specifying the work performed, the itemized cost of such work, and the legal description of the property upon which the work was performed.

B. Billing. The department of community development shall forward to the legal owner of the said property an itemized billing of the total cost for the repair or demolition as required by this code. Such billing shall be sent by certified mail, postage prepaid, addressed to the owner as the owner’s name and address appear on the last equalized tax roll of Kitsap County. Said bill shall be due and payable within sixty days of receipt.

C. Billing Appeal. The owner, upon receipt of said billing may file a written appeal to the board of county commissioners within thirty days. Said appeal shall contain the legal description of the property and the basis for the appeal. The board shall schedule said hearing within thirty days and shall uphold the appeal, deny the appeal or modify the billing as they may determine. Within thirty days of the decision of the board the balance of the billing due to the county shall become due and payable and if unpaid shall become a special assessment against the property as a lien.

D. Assessment. Upon certification of the assessment amount being due and owing, the county treasurer shall enter the amount of the assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes. When collected, the amount of the assessment shall be deposited to the credit of the fund of the county from which the expenditures for abatement were paid.

E. Priority. The assessment shall constitute a lien against the property that shall be of equal rank with state, county and municipal taxes.

(Ord. 391 (2007) § 34, 2007: Ord. 323 (2004) § 102, 2004: Ord. 224 (1998) § 8.1, 1998)

Article 10 – Washington State Energy Code

14.04.885 WSEC.

The Washington State Energy Code (WSEC), as set forth in the Washington Administrative Code (WAC) Section 51-11 is adopted by reference in Section 14.04.040.

(Ord. 391 (2007) § 35, 2007: Ord. 323 (2004) § 104, 2004: Ord. 224 (1998) § 9.1, 1998)

Article 11 – Washington State Ventilation and Indoor Air Quality Code

14.04.890 WSVIAQ.

The Washington State Ventilation and Indoor Air Quality Code (WSVIAQ), as set forth in the Washington Administrative Code (WAC) Section 51-13 is adopted by reference in Section 14.04.040.

(Ord. 391 (2007) § 36, 2007: Ord. 323 (2004) § 106, 2004: Ord. 224 (1998) § 10.1, 1998)

Article 12 – Washington State Historic Building Code

14.04.895 WSHBC 1991 adopted.

The Washington State Historic Building Code, 1991 Edition, as set forth in the Washington Administrative Code (WAC) Section 51-19 is adopted by reference in Section 14.04.040.

(Ord. 323 (2004) § 108, 2004: Ord. 224 (1998) § 11.1, 1998)

Article 13 – Washington State Manufactured Homes (and Mobile Homes) Installation Standards

14.04.900 Manufactured homes.

The Washington State Manufactured Home (Mobile Home) Installation Standards as set forth in the Washington Administrative Code (WAC) Section 296-150M is adopted by reference in Section 14.04.040.

(Ord. 323 (2004) § 110, 2004: Ord. 224 (1998) § 12.1, 1998)

14.04.910 General.

Kitsap County, in Section 14.04.040, adopts the 2006 International Residential Code (IRC) Appendix E, pursuant to the authority of RCW 43.22 and RCW 19.27, and amended as follows:

A. IRC Appendix E, Section AE101.1 is amended as follows:

AE101.1 General. These provisions shall be applicable only to a manufactured home used as a single dwelling unit installed on a lot and shall apply to the following:

1. Construction, alteration and repair of any foundation system which is necessary to provide for the installation of a manufactured home unit.

2. Construction, installation, addition, alteration, repair or maintenance of the building service equipment which is necessary for connecting manufactured homes to water, fuel, or power supplies and sewage systems.

3. Alterations, additions or repairs to existing manufactured homes. The construction, alteration, moving, demolition, repair and use of accessory buildings and structures and their building service equipment shall comply with the requirements of the codes adopted by this jurisdiction.

These provisions shall not be applicable to the design and construction of manufactured homes and shall not be deemed to authorize either modifications or additions to manufactured homes where otherwise prohibited.

Exception: In addition to these provisions, new and replacement manufactured homes to be located in flood hazard areas as established in Table R301.2(1) of the International Residential Code shall meet the applicable requirements of Sections R324 of the International Residential Code.

B. IRC Appendix E, Section AE102.2 is amended as follows:

AE102.2.2 Additions, alterations or repairs. Additions made to a manufactured home shall conform to one of the following:

1. Be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.).

2. Be designed and constructed to conform with the applicable provisions of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.).

3. Be designed and constructed in conformance with the code adopted by this jurisdiction.

Additions shall be structurally separated from the manufactured home.

C. IRC Appendix E, Section AE102.3 is deleted and not adopted.

D. IRC Appendix E, Section AE102.5 is deleted and not adopted.

E. IRC Appendix E, Section AE301.2 is amended as follows:

AE301.2 Additions, alterations and repairs to a manufactured home. A permit shall first be obtained from the Washington State Department of Labor and Industries to alter, remodel, repair or attach accessory buildings or structures to a manufactured home subsequent to its initial installation. Permit issuance and fees therefore shall be in conformance with the codes applicable to the type of work involved.

An addition made to a manufactured home as defined in these provisions shall comply with these provisions.

F. IRC Appendix E, Section AE302.1 is amended by adding additional paragraphs as follows:

Pursuant to RCW 19.27.095 and RCW 19.27.097, and in addition to the requirements above, no building permit application shall be complete unless or until evidence of an adequate water supply and evidence of an adequate sewage disposal system for the intended use of the building is provided from an approved agency for structures where plumbing fixtures are part of the proposed building permit application.

Evidence shall be by either A or B below:

A. Upon building permit application, where parcels are serviced by on-site sewage disposal systems, an accepted building site application* or an accepted building clearance is required for:

1. New manufactured home installations.

2. Additions where there is an increase in the floor area which extends beyond the original exterior walls.

3. Alteration or remodeling where the total number of bedrooms is increased.

4. Change in use which results in an increase in the water/sewage volume or potential health risk.

B. Upon building permit application, a sewer permit and an accepted building clearance are required for the installation of a manufactured home unit.

G. IRC Appendix E, Section AE304.1 is amended as follows:

AE304.1 Permit Fees. The fee for each manufactured home installation permit shall be established by resolution.

H. IRC Appendix E, Section AE304.2 is deleted and not adopted.

I. IRC Appendix E, Section AE304.3.3.3 is deleted and not adopted.

J. IRC Appendix E, Section AE305.5.1 is amended as follows:

AE305.5.1 Structural inspections for the manufactured home installation.

The building official, upon notification from the permit holder or the permit holder’s agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or the permit holder’s agent wherein the same fails to comply with these provisions or other applicable codes.

A. Reinforcing steel or structural framework of any part of a manufactured home foundation system specifically designed by an engineer registered in the State of Washington, shall not be covered or concealed without first obtaining the approval of the building official.

1. Foundation Inspection: To be made after excavations for footings are completed and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except where concrete from a central mixing plant is to be used, (ready-mixed) the concrete materials need not be on the job.

2. Concrete Slab or Under-Floor Inspection: To be made after all in-slab or underflow building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is poured or the manufactured home is installed.

B. Anchorage Inspection: To be made after the manufactured home has been installed and permanently anchored.

K. IRC Appendix E, Section AE305.6 is amended by adding an additional paragraph as follows:

Manufactured homes or their accessory buildings shall not be used or occupied until a certificate of occupancy is issued in accordance with Section R110 of this code.

L. IRC Appendix E, Section AE501.1 is amended as follows:

AE501.1 General. A manufactured home shall be installed on a foundation system which is designed and constructed in accordance with the manufacturer’s installation instructions.

Exception: When specifically authorized by the building official, foundation and anchorage systems which are constructed in accordance with the methods specified in Section AE600 of these provisions, or in the United States Department of Housing and Urban Development Handbook, Permanent Foundations For Manufactured Housing, 1984 Edition, Draft, shall be deemed to meet the requirements of this Appendix E.

M. IRC Appendix E, Section AE504.1 is amended as follows:

AE504.1 General. Accessory buildings shall not be structurally supported by or attached to a manufactured home unless engineering calculations are submitted to substantiate any proposed structural connection and all alterations to the manufactured home are approved by the Washington State Department of Labor and Industries.

Exception: The building official may waive the submission of engineering calculations if it is found that the nature of the work applied for is such that engineering calculations are not necessary to show conformance to these provisions.

N. IRC Appendix E, Section AE600.1 is amended as follows:

AE600.1 General. Sections AE601 through AE605 are applicable only when specifically authorized by the building official for use when specific installation instructions from the manufacturer of the manufactured home are not available.

(Ord. 440 (2009) § 20, 2009: Ord. 391 (2007) § 37, 2007: Ord. 323 (2004) § 111, 2004: Ord. 224 (1998) § 12.2, 1998)

Article 14 – Washington State Modular Homes and Modular Nonresidential (Commercial) Installation Standards

14.04.920 Modular buildings.

The Washington State Modular Installation Standards as set forth in the Washington Administrative Code (WAC) Section 296-150F is adopted by reference in Section 14.04.040.

(Ord. 323 (2004) § 113, 2004: Ord. 224 (1998) § 13.1, 1998)

14.04.930 General.

Kitsap County adopts the following sections pursuant to the authority of RCW 43.22 and RCW 19.27:

A. Permit Required. Prior to the placement and/or installation of a modular home or modular commercial building on a parcel of land, an installation permit must first be obtained from the Kitsap County department of community development.

Installing a modular home or modular commercial building without first having obtained the required permit is not permitted and is subject to the penalties of Kitsap County Code Section 2.116, and the serving of a stop work order together with the fees in Section 14.04.120 of this chapter.

B. Modular, or factory built units shall comply with the codes as adopted in Section 14.04.040, with the exception that inspections of the factory assembled portions of the unit, performed in accordance with 296-150F WAC, and identified by having the appropriate insignia attached, shall be accepted in lieu of the individual inspections as required by the respective codes. All portions of the installation performed on site shall have inspections as required by the codes adopted in Section 14.04.040.

C. In accordance with WAC 296-150F-0540:

(1) Kitsap County must approve the installation; and

(2) A set of design plans and specifications for the unit shall be provided to Kitsap County; and

(3) After the unit is manufactured but before occupancy, the Department of Labor and Industries must inspect a factory-built house or commercial structure if it is damaged in transit to the building site or during on-site installation; and

(4) Kitsap County will not open, or cause to be opened the concealed construction of a factory-built house or commercial structure to inspect provided the appropriate insignia is attached.

D. In accordance with WAC 296-150F-0550, after the Department of Labor and Industries performs a final inspection of the factory-built structure at the manufacturing location, the Department of Labor and Industries shall provide to Kitsap County a notice that specifies what connections, standards, and incomplete items must be inspected when the unit is installed.

E. Complete Application. Pursuant to RCW 19.27.095 and RCW 19.27.097, no building permit shall be complete unless or until evidence of an adequate water supply and evidence of an adequate sewage disposal system is provided in accordance with IBC Section 105.3 #9, as amended by Section 14.04.265.

(Ord. 323 (2004) § 114, 2004: Ord. 224 (1998) § 13.2, 1998)

Article 15 – Board of Appeals

14.04.950 Creation.

There is hereby created a single, consolidated board of appeals as specified in the International Building Code (IBC) Section 112, International Residential Code (IRC) Section R112, International Mechanical Code (IMC) Section 109, International Fuel-Gas Code (IFGC) Section 109, and International Fire Code (IFC) Section 108.

(Ord. 323 (2004) § 116, 2004: Ord. 224 (1998) § 14.1, 1998)

14.04.960 Name.

The board of appeals hereby created shall be known as the “consolidated board of appeals.”

(Ord. 323 (2004) § 117, 2004: Ord. 224 (1998) § 14.1.2, 1998)

14.04.970 Membership.

The director of the department of community development shall develop criteria for membership of the consolidated board of appeals. Membership criteria shall address the need to obtain highly qualified, code knowledgeable individuals. The consolidated board of appeals may form and/or be comprised of sub-committees in order to address specialized and highly technical code issues. Members of the consolidated board of appeals shall not be employees of Kitsap County.

(Ord. 323 (2004) § 118, 2004: Ord. 224 (1998) § 14.2, 1998)

14.04.980 Filings.

Notices of appeal of orders, decisions or determinations of the building official or fire marshal regarding the technical provisions of the codes, shall be filed with the Kitsap County department of community development within twenty-one days of the order, decision or determination. Within thirty days of the filing of a complete notice of appeal, a hearing shall be scheduled to occur within sixty days of the filing. Forms shall be made available at the department of community development for such purpose.

(Ord. 391 (2007) § 38, 2007: Ord. 323 (2004) § 119, 2004: Ord. 224 (1998) § 14.3, 1998)

14.04.990 Limitations of authority.

Notwithstanding any other provision, the consolidated board of appeals shall have no jurisdiction to hear or decide issues relating to fees assessed as adopted herein, penalties for violations, or administrative provisions of the Kitsap County Building & Fire Code. Notices of infractions shall be subject to Kitsap County Code Chapter 2.116. Appeals of stop-work orders, dangerous building determinations, or other administrative decisions of the building official or fire marshal shall be made in accordance with Kitsap County Code Chapter 21.04.

An application for appeal shall be based on a claim that the true intent of the technical provisions of this chapter have been incorrectly interpreted, the provisions of this chapter do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements or provisions of this chapter, or of any of the codes adopted within Section 14.04.040.

(Ord. 391 (2007) § 39, 2007: Ord. 323 (2004) § 120, 2004: Ord. 224 (1998) § 14.4, 1998)